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Home My WebLink About07-4009. ii- .. LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff, ~. RJH REALTY, LLC operating as RJH Express, Inc., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. D'r -- ~d~U~' ~' ~t v ~ f ~~-~-1 CIVIL ACTION Defendant. N O T I C E YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ~' LONG LANE REAL ESTATE IN THE COURT OF COMMON PLEAS ENTERPRISES, LP, CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA v. NO. RJH REALTY, LLC operating as RJH Express, Inc., CIVIL ACTION Defendant. AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaz accion dentro de los proximos veinte (20) dias despues de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una compazecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomaz accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclaznada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes paza usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Cazlisle, PA 17013 (717) 249-3166 Peter M. Good, Esquire I.D. No. 64316 Darryl J. Liguori, Esquire I.D. No. 91715 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~/ - ~~ ~~~cL`rr, ^ 1 CIVIL ACTION COMPLAINT NOW COMES, Plaintiff Long Lane Real Estate Enterprises, LP, by and through its i~ ~ . SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717)234-2401 LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff, v. RJH REALTY, LLC operating as RJH Express, Inc., Defendant. attorneys, Smigel, Anderson & Sacks, LLP, to make the following Complaint against Defendant RJH Realty, LLC operating as RJH Express, Inc. and avers in support as follows: PARTIES 1. Plaintiff Long Lane Real Estate Enterprises, LP (hereinafter "Long Lane") is a Pennsylvania Limited Partnership with a business address of P.O. Box 206, New Kingstown, Cumberland County, Pennsylvania, 17072. 2. Defendant RJH Realty, LLC operating as RJH Express, Inc. (hereinafter "RJH") is a New Jersey Corporation with its principal place of business located at 2631 Industrial Way, Vineland, NJ, 08361. PROPERTY 3. The Property that is the subject matter of this action is located at 10 Long Lane, Mechanicsburg, PA, 17050-2676 (hereinafter referred to as "the Property"). JURISDICTION AND VENUE 4. The Court has jurisdiction over the parties and the subject matter of this case. 5. Venue is appropriate in Cumberland County, Pennsylvania pursuant to Pa. R. Civ. P. 2179(a)(5), as it is where the property which is the subject matter of the action is located. BACKGROUND: 6. On April 12, 2006, a Standard Lease Agreement (hereinafter "the Lease") was entered into between Long Lane as lessor and RJH as lessee of the Property. (A true and correct copy of the lease is attached hereto as "Exhibit A"). The term of the lease was April 1, 2006 through March 31, 2007. The Property consisted of two suites of office space that RJH used to conduct its business. 7. RJH requested that Long Lane install eight high bay light fixtures with wiring and conduit, and replace a broken light bay fixture so RJH could install a temporary surveillance system at the Property,. Long Lane performed these tasks and sent an invoice to RJH on October 19, 2006 in the amount of $2,292.70. To date, RJH has not paid the balance of this invoice. Section 6.4 of the Lease states that RJH must obtain written consent prior to making any alterations or physical additions to the Property. RJH installed a permanent surveillance system without obtaining written consent of the Long Lane. 2 9. Section 6.4 of the Lease further states that any physical additions or fixtures that are installed by RJH at the Property without written consent of Long Lane become the property of Long Lane. The security cameras installed by RJH are now property of Long Lane. 10. On May 27, 2006, Long Lane sent a letter to RJH, informing RJH of a trash problem at the Property in flower beds, the dock area, and the yard area. (A true and correct copy of the letter is attached hereto as "Exhibit B"). The letter also informed RJH that Long Lane would be billing RJH $30 per hour for trash pickup beginning June 1, 2006. 11. On January 5, 2007, Long Lane sent a bill to RJH for trash removal for the week of December 25, 2006 and for heater repair at the Property. Page fifteen, section 6.7 of the Lease states that the Tenant shall be solely responsible for payment of any repairs made to the Property. To date, Long Lane has not received payment from RJH for the trash removal or the heater repair. 12. Long Lane sent an electric and utilities invoice for January, 2007 to RJH at the Property on February 7, 2007. Late fees apply thirty days from that date, March 7, 2007. Long Lane received payment from RJH on April 16, 2007, more than thirty days after the due date. 13. Long Lane sent an electric and utilities bill to RJH for February, 2007 on March 20, 2007. Payment for the February, 7, 2007 electric and utilities bill has not been received by Long Lane. 14. Article II of the Lease states that in addition to Base Rent, RJH is required to pay an additional $1,000 per month for common area maintenance (hereinafter "CAM"). On January 26, 2007, Long Lane sent a letter to RJH, notifying RJH that Long Lane had not been receiving the monthly $1,000 CAM payments due by RJH. The letter also informed RJH that these 3 . overdue payments were also subject to a 5% late charge as stated on page three of the Lease. As of January 26, 2007, RJH owed $10,500 in CAM payments and late fees. Long Lane received payment for these expenses on January 30, 2007. 15. Long Land has not received payments from RJH for rent or CAM for March, 2007. In addition, Long Lane has not received an additional $862.25 in CAM overages due by RJH. 16. Debra Pierson, a limited partner of Long Lane, sent a summary of all CAM charges and payments for Long Lane to Sam Levin on March 21, 2007. (See Email and Spreadsheet attached hereto as "Exhibit C."). Article II of the Lease does not require Long Lane to compute the amount of CAM charges owed by RJH until the end of the year. 17. On Apri120, 2007, Long Lane sent a letter to RJH providing a list of all charges due to Long Lane by RJH. The list included, in addition to those already mentioned above, the following: a. Damage to overhead doors at the property amounting to $3,137.00. b. Plywood damage to the walls amounting to $100.00. c. Replacement of the network cabinet amounting to $655.97. d. Re-running of twenty-one network and phone cables, which were cut off too short by RJH to re-use, amounting to $3,325.00. e. Re-installing of electric in the network cabinet amounting to $150.00. f. Patching of asphalt under the compactor and dumpster amounting to $2,515.00. g. Trash pickup and disposal on April 13, 2007 amounting to $170.00. 4 h. Changing of locks amounting to $199.24. 18. In addition to the chazges listed in pazagraph 15, there are other items at the Property for which RJH is responsible. The items aze as follows: a. Damage to office walls. b. Removal of security cabling in office and warehouse. c. Replacement of ceiling tiles where holes were cut. d. Replacement of metal skin on exterior of building where holes were cut for security cameras. e. Damage done to all six metal doors from mounting security system contact. f. Damage to private office door and door jamb. g. Cleaning of bathrooms. 19. On Mazch 29, 2007, Jeffrey Pierson, a limited partner of Long Lane, did a walk- through of the Property with Sam Levin of RJH. Mr. Pierson noted the damage to the overhead doors and that they needed to be replaced. He also noted damage to bottom door panels, which were new when RJH moved into the Property. Long Lane has since replaced the damaged door panels. Mr. Levin did not disagree with any of Mr. Pierson's estimates of the damage. 20. During the March 29, 2007 walk-through, Mr. Pierson also showed the plywood damage to Mr. Levin. Mr. Levin did not indicate in any way that he disagreed with Mr. Pierson's assessment of the damage to the plywood. 21. When RJH left the premises on Mazch 31, 2007, they took the network cabinet with them. In removing the cabinet, RJH cut network and telephone cables going from the office 5 jacks to the network cabinet. (See Rewiring Estimate attached hereto as "Exhibit D.") As a result, Long Lane must re-run twenty-one network and phone cables. 22. RJH caused damage to the asphalt on the Property. The cost of replacing the asphalt is $2,515.00. (See Paving Estimate attached hereto as "Exhibit E.") 23. RJH changed all of the locks at the Property. They did not change the locks back to normal before leaving the Property on March 31, 2007. Long Lane therefore had to replace all of the locks at the Property. The cost in replacing the locks was $199.34. (See Locksmith Invoice attached hereto as "Exhibit F.") COUNT 1 BREACH OF CONTRACT 24. Long Lane incorporates by reference each and every preceding paragraph of this Complaint as if the same was more fully set forth herein. 25. RJH owes a monthly rental to Long Lane as required by the Lease in the base amount of $5,266.67, plus an additional $1,000.00 per month for CAM payments. 26. RJH has breached the Lease by its failure to pay rent and CAM fees for March, 2007 as set forth in paragraph 15. 27. RJH has breached the Lease by its failure to pay for damages caused by RJH to the Property as set forth in paragraph 17. 28. RJH owes Long Line $18,066.89 as set forth in paragraphs 7 through 17. In addition, RJH is also responsible for any and all damages, repairs and restoration that shall be required as a result of the items listed in paragraph 18. 6 WHEREFORE, Plaintiff Long Lane Real Estate Enterprises, LP respectfully requests that this Honorable Court enter judgment against Defendant RJH Realty, LLC in an amount in excess of $25,000 together with lawful interest thereon, costs of suit and any other relief that court may deem necessary or appropriate. COUNT II UNJUST ENRICHMENT 29. Long Lane incorporates by reference each and every preceding paragraph of this Complaint as if the same was more fully set forth herein. 30. Throughout the term of the Lease, RJH received the benefit of upgrades to the Property including the installation of a permanent security system and new system of locks. RJH also received the benefit of electric and utilities, CAM, and trash removal. 31. These upgrades are not permitted under the Lease, as stated in paragraphs 8 and 17, without obtaining written consent of Long Lane. 32. RJH has refused to compensate Long Lane for the benefit RJH received from these unauthorized improvements to the Property. RJH has also refused to compensate Long Lane for certain electric and utilities, CAM, and trash removal, as long as the other items listed in paragraphs 7 through 18. 33. RJH has been unjustly enriched by having enjoyed those benefits without adequately compensating Long Lane. 7 WHEREFORE, Plaintiff Long Lane Real Estate Enterprises, LP respectfully requests that this Honorable Court enter judgment against Defendant RJH Realty, LLC in an amount in excess of $25,000 together with lawful interest thereon, costs of suit and any other relief that court may deem necessary or appropriate. Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. Date: ~~~~ 7 By: Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs 8 V ERIFICATiON The undersigned hereby verifies that she is a Limited Partner for the Plaintiff in the foregoing action, that the facts set forth in the Complaint are true and correct to the best of his knowledge, information, and belief, and further states that false statements herein are made subject tc, the penalties of 18 Pa. C.S.A. § 49Q4 relating to unsowrn falsification to authorities. Uate: ~'ZI rd~ eb • i n ~XN1~3~~ 7955-1-2/Lease/FiDR/crm 4/12/06 2 47 PM LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease") is made and entered into as of the ~,. ~_ day of April, 2006, by and between LONG LANE REAL ESTATE ENTERPRISES, LP, a Pennsylvania limited partnership ("Landlord"), and RJH REALTY, LCC operating as RJI3 EXPRESS, INC., a New Jersey Corporation ("Tenant"), who agree as follows: ARTICLE I Premises, Term and Rental Section 1.1. Leased Premises. Subject to and in consideration of the rents, terms, covenants, and conditions of this Lease, Landlord hereby leases, demises, and lets to Tenant, and Tenant hereby rents and leases from Landlord, a portion of the premises generally known as 10 Long. Lane, Mechanicsburg, Pennsylvania, consisting of all .improvements, structures, and fixtures now or hereafter located on the Land containing approximately Sixteen Thousand (16,000) square feet of the building, located in Suites 100 and 101 (the "Leased Premises"). Section 1.2. Term. This Lease shall be and continue in full force and effect for a term commencing on the 1 g` of April, 2006 ("Commencement Date"), and continuing until March 31, 2007 (the "Term"). The parties intend the obligations of Tenant and Landlord hereunder to be separate and independent covenants and agreements and shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease. Section 1.3. Rental. (a) Monthly Rental Payment. As rental for the use and occupancy of the Leased Premises during the Term, Tenant shall pay to Landlord commencing on the Commencement Date, a sum equal to the Monthly Rental Payment. The Monthly Rental Payment shall be payable on the first (1st) day of each subsequent calendar month, without demand, in lawful money of the United States of America at Landlord's address (or elsewhere, as designated by Landlord). The Monthly Rental Payment for the first year of the Tenn shall be Five Thousand Two Hundred Sixty Six and 67/100 ($5,266.67) Dollars (the "Base Rent"). Any rental payment not received within five (5) days of its due date shall be subject to a late charge of Three (3%) percent. (b) Security Deposit Upon the execution hereof, Tenant shall deposit with Landlord the sum of One Thousand Sixty Six and 67/100 ($1,066.67) Dollars as an additional security deposit for Tenant's faithful performance of its obligation under this Lease. The security deposit shall not be used for the last month's rent, but may be applied by Landlord for non-payment of rent or any other charge, cost or expense of Landlord in the event of Tenant's default. ARTICLE II Utilities/Expenses In addition to Base Rent, Tenant agrees to pay as additional rent common area maintenance charges estimated for the first year in the amount of Twelve Thousand ($12,000.00) payable in monthly installments of One Thousand ($1,000.00) dollars. The common area maintenance charge includes water/sewer, real estate taxes, building insurance, HVAC repair, snow removal, lawn maintenance, parking tot maintenance and a three (3%) percent management fee (the "Additional Rent"). Said rental (including Base Rent and Additional Rent) shall be paid to Landlord in lawful money of the United States of America, which shall be legal tender at the time of payment, at the office of Landlord or to such other person or at such other place as 2 ~~~~ r~ Landlord may from time to time designate in writing. Any common area maintenance payment not received within five (5) days of its due date shall be subject to a late charge of (5%) percent. At the end of each year, Landlord shall determine the actual common area maintenance charges and compute the amount actually owed by Tenant based on Tenant's percentage of leased space to the entire building which is Fifty (50%) percent. Tenant shall receive an invoice indicating the charges. If Tenant has paid more than required,- Tenant shall receive a credit toward the next year's common area maintenance charge or such amount will be refunded to Tenant if leased is not renewed. If Tenant owes additional amounts, Tenant shall pay such amount within fifteen (15) days of receipt of the invoice. Prior to Landlord billing for any charges for trash pickup, Tenant shall be notified by Landlord in writing. Tenant is responsible for, and shall promptly pay the charges for use or consumption of electricity, heat, air conditioning, water, trash removal and janitorial services to the Leased Premises. A charge of $30 per hour will be levied for pickup of trash generated by the Tenant in the parking lot, grass areas and neighboring yards. Invoices for pickup of trash will be due within 15 days of invoice. Trash that is picked up shall be disposed of by Tenant. Any utility or trash pickup payment not received within seven (7) days of its due date shall be subject to a late charge of Three (3%) percent ARTICLE III Condition and Use of Leased Premises Section 3.1. Acceutance. Tenant has inspected and is familiar with all of the Leased Premises, including all Improvements, and accepts the Leased Premises in its present condition, "WHERE IS, AS IS, AND WITH ALL FAULTS." LANDLORD HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT 3 LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Tenant releases Landlord from any and all claims and liabilities that might at any time be asserted in connection with or by reason of the condition of, or any other matters relating to, the Leased Premises. Section 3.2. Use. Subject to the terms and conditions of this Lease, the Leased Premises are to be used and occupied by Tenant as an office and warehouse and any incidental uses necessary thereto and for no other purpose, except as agreed upon in writing by Landlord. Section 3.3. Compliance with Laws; Licensure. Tenant shall comply with all laws, ordinances, orders, rules and regulations promulgated by all federal, state, county, municipal and other governmental or quasi-governmental bodies and agencies having jurisdiction and related to the business of Tenant or the use, condition, structure, or occupancy of the Leased Premises. Tenant will maintain at Tenant's expense all necessary licenses, permits, approvals and consents required bylaw in order for Tenant to conduct its business as presently conducted. Section 3.4. Dangerous Goods and Activities. Tenant shall not use, occupy or permit the use or occupancy of the Leased Premises, or store or permit upon the Leased Premises any goods or equipment that would render any fire and extended coverage insurance void or which would increase the premiums of such insurance. Section 3.5. Environmental Compliance. (a) Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Substances, as hereinafter defined, on, in or under the Leased Premises. Tenant shall not allow the storage or use of such substances in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances, nor allow to be brought onto the Leased Premises any such substances except to use in the ordinary 4 course of Tenant's business, and then only after written notice is given to Landlord of (I) the identity of such substances, and (2) the method for preventing the escape of any such substances, and Landlord's prior written approval is granted. Tenant covenants and agrees that the Leased Premises will, at all times during its use or occupancy thereof, be kept and maintained so as to comply with all now existing or hereafter enacted or issued statutes, laws, rules, ordinances, orders, permits and regulations of all state, federal, local, and other governmental and regulatory authorities, agencies and bodies applicable to the Leased Premises, pertaining to environmental matters, or regulating, prohibiting or otherwise having to do with Hazazdous Substances and all other toxic, or hazardous wastes (collectively called "Environmental Laws"). Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and. belief without limiting any of the obligations of Tenant under the provisions set forth in this Lease. Tenant agrees to clean up all spills and discharges of Hazazdous Substances on the Leased Premises in a manner which shall comply with all applicable environmental laws. Tenant shall notify Landlord in writing of all such incidents. (b) Tenant shall immediately deliver to Landlord a copy of any summons, citation, directive, notice, complaint, letter or other communication from any federal, state or local environmental agency, concerning any alleged violations of any environmental laws or regulations on the Leased Premises, or concerning any investigation or request for information relating to the use, generation, handling treatment, storage or disposal of Hazardous Substances in connection with the Premises. (c) Upon request, Tenant shall cooperate in obtaining evidence of compliance with any environmental law, regulation, order of any governmental authority, which cooperation may include, without limitation, providing affidavits, reports or responses to questions. Tenant shall 5 provide access to the Leased Premises, upon request, for inspections and testing of the Leased Premises regarding the presence of Hazazdous Substances. (d) Landlord and its engineers, technicians, and consultants (collectively the "Auditors") may, from time to time as Landlord deems appropriate, conduct periodic tests and examinations ("Audits") of the Leased Premises to confirm and monitor Tenant's compliance with the Lease. Such Audits shall be conducted at mutually agreeable times and in such a manner as to minimize the interference with Tenant's permitted activities on the Leased Premises; however, in all cases, the Audits shall be of such nature and scope as shall be reasonably required by then existing technology to confirm Tenant's compliance with this Lease. Tenant shall fully cooperate with Landlord and its Auditors in the conduct of such Audits. (e) Tenant shall indemnify, defend and hold Landlord, its partners, affiliates, parents, officers, directors and employees (collectively, the "Indemnitees"), free, harmless and indemnified from any expenses, penalties, fines, claims, demands, liabilities, costs, personal injuries, property damage, actions and causes of action, suits, debts, judgments, demands or chazges whatsoever which the Indemnitees shall or may incur, or which any such party would otherwise incur, by reason of Tenant's failure to comply with this Lease including, but not limited to: (i) the cost of bringing the Leased Premises into compliance with all laws; (ii) the reasonable cost of all appropriate tests and examinations of the Leased Premises to confirm that the Leased Premises has been brought into compliance with all laws; and (iii) the reasonable fees and expenses of the Indemnitees' attorneys, engineers, and consultants incurred by the Indemnitees in enforcing and confirming compliance with this Lease. (f) The covenants contained in this Article shall survive the expiration or termination of this Lease, and shall continue for so long as Landlord and its successors and assigns, and the 6 Indentnitees, may be subject to any expenses, obligations, penalties, fines, claims, demands, liabilities, costs, personal injuries, property damage, actions and causes of action, suits, debts, judgments, demands or chazges whatsoever against which Tenant has agreed to indemnity the Indemnitees under this Lease. (g) For purposes hereof, Hazardous Substances shall mean (i) any "Hazardous Substance", "Pollutant" or "Contaminant" (as defined in Section 101(14) and (33) of the Comprehensive Environmental Response and Compensation and Liability Act ("CERCLA"), 42 U.S.C.A. Section 9601(14) and (33)) or 40 C.F.R Part 302; (ii) any hazardous substance, hazardous waste, solid waste or medical waste, as those terms are defined in applicable state or local law and/or regulations; (iii) any substances containing petroleum as that term is defined in Section 9001(8) of the Resource Conservation and Recovery Act, as amended, 42 U.S.C.A. Section 6991 (8) or 40 C.F.R 280.1; and/or (iv) any other substance for which any governmental entity requires special handling in its collection, storage, treatment or disposal. lion 3.6. Nuisance Tenant shall not coconut, or suffer to be committed, upon the Leased Premises any nuisance or thing that disturbs the quiet enjoyment of Landlord or any other person or business located within a reasonable distance from the Leased Premises. Section 3.7. Indemnification. Tenant shall indemnify and save Landlord harmless from and against (i) any and all costs, liability or expense arising out of the claim of any person or persons on account of any occurrence in, on or at the Leased Premises, resulting from the occupancy or use thereof by Tenant, or by any person or persons holding under Tenant (including, without limitation, Tenant's customers, invitees, agents, contractors, employees, subtenants or assignees); (ii) any penalty, damage or charge incurred or imposed by reason of any violation of law or ordinance by Tenant or any person or persons holding under Tenant; or 7 (iii) any and all reasonable costs, liabilities or reasonable expenses, including attorney's fees, arising out of the claim of Tenant or any person or persons holding under Tenant on account of any occurrence in, on or at the Leased Premises. Section 3.8. Surrender. Upon the Termination Date, Tenant shall peaceably surrender possession of the Leased Premises to Landlord in a condition and repair similar to the condition and repair of the Leased Premises on the Commencement Date, reasonable wear and tear and damage by casualty excepted. ARTICLE IV Condemnation and Destruction Section 4.1. Condemnation. If, during the term of this Lease or any extension or renewal thereof, the entire Leased Premises or any portion thereof shall be taken in or by condemnation proceedings for any public or quasi-public use under any governmental law, ordinance or regulation or by right of eminent domain or should be sold to the condemning authority under threat of condemnation, and such taking is sufficient in Landlord's opinion to render the remaining portion of the Leased Premises unsuitable for use as contemplated by this Lease, at Landlord's option this Lease shall terminate as of the date of the taking or conveyance and all rents reserved hereunder shall abate as of the date of termination. If a lesser portion of the Leased Premises than that specified above shall be taken by condemnation or other proceeding pursuant to any governmental law, ordinance or regulation, or if the use or occupancy of the Leased Premises or any part thereof shalt be temporarily requisitioned by any governmental authority, civil or military, this Lease shall continue in full force and effect. Landlord shall receive the entire award from any such taking, and Tenant shall have no claim thereto or for the value of any unexpired term of this Lease. 8 Section 4.2. Deshvction. Tenant shall immediately notify Landlord of any fire or other casualty on or in the Leased Premises. In case of a loss, Landlord shall receive and retain all of the proceeds of insurance policies, if any. In the event that the Leased Premises are damaged by fire or other peril, Landlord may, at its option, elect to repair the damage or terminate this Lease. Landlord shall give notice of its election to Tenant within sixty (60) days after the damage occurs. In the event Landlord elects to terminate this Lease, then Tenant shall pay alt Monthly Rental Payments and other sums due under this Lease as of the date of termination and thereupon this Lease shall cease and come to an end. In the event that Landlord elects to repair the damage to the Leased Premises, then this Lease shall remain in full force and effect. ARTICLE V Default and Remedies Section 5.1. Events of Default. The occurrence of one or more of the following events shall, after written notice from Landlord, constitute a default under this Lease ("Events of Default"): (i) the failure of Tenant to pay Landlord any Monthly Rent Payment or any other monetary charge due from Tenant hereunder within ten (10) business days after such payment is due, (ii) the failure of Tenant to comply with or to observe any term, covenant, or condition of this Lease performable by and obligatory upon Tenant, excluding the rent provisions hereof, within thirty (30) business days after written notice by Landlord, (iii) the failure of Tenant to comply with or to observe any term, covenant or condition of any other contract or agreement between Tenant and Landlord, (iv) the judicia] declaration of Tenant as bankrupt or insolvent according to law, or an assignment of a substantial part of Tenant's property for the benefit of creditors, (v) the appointment of a receiver, guardian, conservator, trustee in voluntary bankruptcy, or similar officer by a court of competent jurisdiction to take charge of a substantial 9 part of Tenant's property, or (vi) the filing of a petition for involuntary or voluntary reorganization or arrangement of Tenant pursuant to any provision of applicable Bankruptcy laws. Section S.Z. Landlord's Remedies. Upon the occurrence of any event of default by Tcnant under this Lease, Landlord shall have the option of (i) terminating this Lease by written notice hereof to Tenant, (ii) curing the default of Tenant; (iii) enforcing the provisions of any other contract or agreement between Landlord and Tenant; or (iv) pursuing any other remedies to which Landlord may be entitled by contract or under law. If Landlord elects to terminate this Lease upon written notice to Tenant, this Lease shall be ended as to Tenant and all of Tenant's rights shall be forfeited and lapsed, as fully as if this Lease had expired by lapse of time upon the scheduled Termination Date. In such event, Tenant shall be required immediately to vacate the Leased Premises, and Landlord shall at once have all the rights of re-entry upon the Leased Premises, without becoming liable for damages or being guilty of trespass. Upon such termination, the following sums shall be immediately recoverable by Landlord from Tenant: (a) Landlord's cost of recovering possession of the Leased Premises, including reasonable attorneys' fees; (b) the reasonable cost of repairing the Leased Premises to good condition, normal wear and tear and damage by casualty excepted; and (c) all accrued, deferred and unpaid sums, including but not limited to Monthly Rent Payments. (d) If Tenant shall default in the payment of the rent herein reserved or in the payment of any other sums due hereunder by Tenant, Tenant hereby authorizes and empowers 10 any Prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be brought for said rent and/or said other sums and/or to sign for Tenant an agreement for entering in any competent court an amicable action or actions for the recovery of said rental and/or other sums; and, in said suits or in said amicable action or actions, to confess judgment against Tenant for a]1 or any part of said rental and/or said other sums, including, but not limited to the amounts due from Tenant to Landlord, and for interest and costs, together with any attorney's commission for collection of ten (10%) percent. Such authority shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time as often as any of said rental and/or other sums shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the initial term of this Lease and/or during any extended or renewal term of this Lease and/or after the expiration of any extended or renewal term of this Lease. (e) When this Lease and the term or any extension or renewal thereof shall have been terminated on account of any default by Tenant hereunder and also when the term hereby created or any extension or renewal thereof shall have expired, it shall be lawful for any attomey of any court of record to appear as attomey for Tenant, as well as for all persons claiming by, through or under Tenant, and to sign an agreement for entering in any competent court an amicable action in ejectment against Tenant and all persons claiming by, through or under Tenant and therein confess judgment for recovery by Landlord of possession of the Premises, for which this Lease shall be sufficient warrant; thereupon, if Landlord so desires, an appropriate writ of possession may issue forthwith without any prior writ or proceeding whatsoever, and provided that, if for any reason after such action shall have been commenced, it shall be determined that possession of the Demised Premises remain in or be restored to Tenant, Landlord shall have the right for the same default and upon any subsequent default or defaults, or upon the termination of this Lease or Tenant's right of possession as hereinbefore set forth, to bring one or more further amicable action or actions as hereinbefore set forth to recover possession of the Demised Premises and confess judgment for the recovery of possession of the Demised Premises as hereinbefore provided. Section 5.3. Attornevs' Fees. If either party hereto defaults in the performance of any of the terms, covenants, or conditions of this Lease and the other party hereto places the enforcement of this Lease, or any part thereof, or the collection of any rent or charge due, or to become due, or the recovery of the possession of the Leased Premises, in the hands of attorneys, and files suit upon the same, the party in default shall pay the reasonable attorneys' fees of the nondefaulting party, equat to five percent (5%) of the amount collected or $1,000.00, whichever is greater. Section 5.4. Cumulative. The rights and remedies hereinabove provided Landlord in the event of any default by Tenant, or in the event of any act, omission, or set of circumstances constituting default hereunder, shall be cumulative and not exclusive, one of the other, and each of said rights and remedies shall be cumulative of and without prejudice to the rights, remedies and causes of action provided Landlord by law or equity, present or future. The election by Landlord of any specific remedy shall not constitute a waiver by Landlord of any of its other remedies. action SS. Waiver. Failure by Landlord to complain of any action or non-action on the part of Tenant, or to declare any default immediately upon the occurrence thereof, no matter how long the same may continue, shall never be deemed to be a waiver by Landlord of its rights hereunder. Landlord may make any such complaint, declare any such default, and take such 12 action as may be authorized by this Lease at any time, and from time to time. Further, no waiver at any time of any of the terms, provisions, or conditions hereof by Landlord shall be construed as a waiver of any of the other provisions hereof, and a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provision. The subsequent approval by Landlord to or of any action by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or of any subsequent similar act by Tenant. ARTICLE VI Assignment and Subordination Section 6.1. Assi ent and Subletting. Tenant covenants and agrees not to assign this Lease or sublet the Leased Premises or any portion thereof, without the prior written consent of Landlord, and any attempted assignment or subletting without any such consent, whether express or by operation of law, shall be ineffective and void for all purposes. Section 6.2. Subordination. This Lease is expressly subject, subordinate and inferior to matters presently or hereafter affecting the Leased Premises, and to any mortgage, deed of trust, security agreement or other lien or encumbrance whatever resulting from any method of financing or refinancing, presently or henceforth placed upon the Leased Premises by Landlord, and to all advances of money or other value heretofore or hereafter made upon the security thereof. Section 6.3. Transfer by Landlord. Landlord shall have the right, after ten (10) business days' written notice to Tenant, to transfer and assign, in whole or in part, this Lease and/or all of its rights and obligations hereunder in the Leased Premises. In addition, and without limiting the foregoing, Tenant acknowledges Landlord's right to transfer or assign its rights in the Leased 13 Premises to a third party and to lease such Leased Premises from the interest of Tenant hereunder shall be as a sub-Te such transferee. In such event, transferee's assumption of Landlord's obli ati nant. In either such event and upon the g ons hereunder, no further liability or obligation shall thereafter accrue against Landlord hereunder. . In addition to the foregoing, Tenant expressly authorizes and con Landlord of the Leased premises or a portion thereof to a thir sents to the transfer by Landlord from such transferee of the Leased pre d paw' and the lease by the agrees to enter into a sublease of the Leased wises so transferred. In such event, Tenant Premises from Landlord on the same terms and conditions as are contained herein. Tenant agrees to look solely to Landlord's interest in the Lea recovery of any judgment against Landlord, it being agreed tha sed Premises for the assigns, shall never be personally liable for an suc t Landlord, and its successors and y h~udgment. Sech~ o.~• Alterations --~~• Tenant covenants and agrees not to permit any alterations or physical additions in or to the Leased Premises without first obt ' ' Landlord. U on the termination of this Lease b aining the written consent of P y lapse of time or otherwise, all such alterations, physical additions or improvements, and/or fixtures furnished a Landlord`s option, become the roe nd installed by Tenant, shall, at P P rty of Landlord; or in the alternative, Landlord may require Tenant to remove such property promptly upon the terminati damage to the Leased Premises caused thereb °ri of this Lease and repair any y and Tenant's obligation to so repair shall expressly survive the termination of this Lease. Sech-~--~65• uiet En'o ent. Landlord covenants and agrees, subject to the other terms hereof, that so long as Tenant shall pay all monthly Rental herein provided, and shall observe and Payments and any other sums perform all of the covenants on Tenant's part to be 14 observed and performed hereunder, then Tenant shall peaceably and quietly hold and enjoy the Leased Premises for the Term without interruption by Landlord or any person or persons. Section 6.6. Ems. Tenant covenants and agrees to permit Landlord, its agents and representatives, the right of entry into and upon any part of the Leased Premises at all reasonable hours to inspect same, make repairs, alterations or additions thereto, or to conduct any tests or investigations, as Landlord may deem necessary or desirable and Tenant shall not be entitled to any abatement or reduction of rent by reason of such entry. Section 6.7 . Repairs. Tenant shall be solely responsible for payment of any repairs required in the Leased Premises. Tenant shall contact Landlord, and Landlord will to an-ange and contract for all repairs, and will invoice tenant for such repairs. ARTICLE VII Miscellaneous Section 7.1. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the heirs and assigns of Landlord, and shall be binding upon and inure to the benefit of Tenant and its successors, legal representatives, and to the extent an assignment may be approved by Landlord hereunder, Tenant's assigns. Section ?.Z. Certifications. Landlord and Tenant shall, at any time and from time to time during the Term upon not less than ten (10) days prior written request therefor from the other said party, execute, acknowledge and deliver unto the requesting party a statement or statements in writing, certifying (if such be true) that this Lease is unmodified and in good standing (or if modified, then in good standing as modified, stating the modification), and the date or dates, if any, to which monthly Rental Payments or other sums hereunder, if any, have been paid in advance, it being the intention of the parties hereto that any such statement may be relied upon 15 by any prospective purchaser, mortgagee or assignee of any mortgagee of the Leased Premises, or any part thereof. Section 7.3. Memorandum of Lease. At the request of Landlord and at its expense, Tenant shall enter into, execute, and acknowledge a Memorandum of Lease for recording purposes with the understanding, however, that the provisions of this Lease alone set forth the entire agreement of the parties. Without the prior written consent of Landlord, Tenant shall not record a memorandum or other instrument with respect to this Lease. Section 7.4. Entire Agreement. This Lease, together with the Exhibits aforesaid, contains and sets forth the entire agreement and understanding between the parties hereto concerning the Leased Premises, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between said parties other than as herein expressly referenced or set forth herein. No subsequent alteration, amendment, change or addition to this Lease shall be binding upon either party hereto, unless reduced to writing and signed by both Landlord and Tenant. Section 7.5. No Partnership. Landlord does not, by virtue of this Lease, become a partner of Tenant, or a joint venturer or a member of a joint enterprise with Tenant, in the conduct of Tenant's business, or any owner of Tenant's business. The execution, delivery and performance of this Lease is not intended to and does not constitute an ownership interest in the Tenant by the Landlord. Section'7.6. Captions. The captions, paragraph numbers and article numbers appearing in this lease are inserted only as a matter of convenience and in no wise define, limit, construe or describe the scope or intent of such paragraphs or articles, nor in anywise affect this Lease. 16 Section 7.7. Severability. If any provision, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such provision, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each provision, covenant or condition of this Lease shall be valid and shall be enforced to the fullest extent permitted by law. Section 7.8. Remedies. The Landlord and Tenant agree that damages for the breach of the agreements set forth in this Lease may be inadequate and that the Landlord and Tenant shall be entitled to specific performance, injunctive relief, or both, in addition to any other legal or equitable remedies to which they may be entitled in case of failure of the other to comply with the provisions hereof. Section 7.9. Samuel. Any representation, warranty, covenant or agreement contained herein which contemplates performance after the expiration or termination of this Lease shall be deemed to survive such expiration or termination. Section 7.10. Counternarb. This Lease may be executed in two or more counterparts and all such counterparts shall be deemed to constitute one and the same instrument. Section 7.11. No Waiver. No failure or delay on the part of any party hereto in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise of any other right or power. 17 ATTEST: LANDLORD: Long Lane Real Est Enterprises, LP by its general r, izJac Co. ~` By: J ey a on, Secr ry r A. Pi n, President 1TEST: Frank M. Gallo TENANT: RJH REALTY, LLC operating as RJH EXP SS, By: Name: Robett J. Hayd Jr. Title: 18 ~XN ~~~-~ ~ Long Lane Real Estate, Inc. P.Q. Box 206 New Kingstown, PA 17072 Mr. Robert Haydak RJH Express, Inc. 2631 Industrial Way Vineland, N.J. 08361 Re: Trash Removal Dear Rob: This letter serves as a written notice to RJH Express, Inc. according to the terms of our lease. It has come to our attention that there continues to be a problem with trash disposal at our 10 Long Lane facility. The following items are a consistent problem, even after repeated conversations with your employees at that location. Trash in flower beds o Drivers appear to be removing trash from truck cabs and placing in flower beds when they stop at the office. Trash in dock area o Drivers appear to be sweeping trucks and trailers out onto the dock parking area, rather than disposing of trash o Trash also may blow from inside the building onto the dock parking area. Trash in yard area o Trash may not be compacted and Styrofoam blows out of compactor. o When compactor is emptied some trash does fall out. Your employees have been seen watching the trash blow away, rather than picking it up as the dumpster has been removed and replaced. RJH will be billed $30 per hour for trash pickup beginning on June 1, 2006. Verbal warnings will not be issued after that date. Please feel free to contact me with any questions. Sincerely, ~~~~ Jeffre .Pierson 0'717) 648-6385 cc: RJH Express, 10 Long Lane ' ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired ^ Print your name and address on the reverse so that we can return the card to you. d Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r-es ~~ R~ ~~ ~~P s ~~~ ~~ 3 I ~-n~us-~--~~.~ ~~ ~'~ N~ ~ ~.~ ~~ a~3~~ A,., Signature ~~~~~ ~~~~ ~ ^ Agent x ~ ^ Addre. B. Received by (Printed Name) C. Dag of D li ~~11~ ~ ,C~1Qi ~~ S 1~'~ ~C D. Is delivery address different from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type Certified Mail D Express Mail ^ Registered ^ Return Aecelpt for Merchandl~ ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number (rrans(er from service label) 7 D D 5 31,1 D D D D 4 2 4 5 7 4 8 4 3 .~. PS Form 3811, February 2004 Domestic Return Aecelpt 102595.02-M-7: I,. UNIT ^ >TATES POSTAL SERVICE ~'°'~ir,,,~ ,~ ,,,,~ ~ ?~:~~~'~3'-~' ~t~~a' '"'~ #'s~-Mass ~ ~ ~"z" P~ ~>' f'~ ~t~ a u ~ . . ur ~ . m '~t'JSPS anm i~ 3... - - ~ F~.1 ~ = ~ c-3 ~ ~ ~~ Perrnk.IV , G-10 • ~~ Sender: Please rint our name address, and ZIP+ T~-{~{s box '~ ~~~~a~~ i -K ~ }~ ~ ~ ~~ ~~~ ~s ~ 1 ~7~7~. ` i I .~{_ 1i* r ) j. . fF T i. >ra A. Pierson -rom: Deb Pierson (dpierson@piersoncci.com] Sent: Wednesday, March 21, 2007 10:58 AM To: slevin@rjhexpress.com Subject: CAM Charges for RJH.xIs t~ CAM Charges for R.U-I.xis (27 KB... am - As promised, here is the summary of CAM charges and payments for Lor.g Lane. Please let me know if you have any questions. Debra A. Pierson President Pierson Consulting Company, Inc. P.O. Box 206 New Kingstown, PA 17072 (717) 796-0493 fax (717) 796-0692 dpierson@piersoncci.com 1 "~ ~ > I > ~I j ~ -1 ~ r r O mI V1 fn N i 'O -i -1 Di O % ~ ~ C C C ~ ~ C ~ a~ ~ ~. ~. I ~. 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N: ~ A N m O O m j O W OD 1D ~ W m V A O O O T N N N i# N N A A V N N N q:' O~ to A N ~ p A f O 0 A W W l0 U W O~ ~ N QO1 N N N N N N A N N .+ N 0~. C O N A N O p A' t O D O~ W C1 (D W m O ~p f0 N O ~ m N N N N N N N N d N N . W+ d p O I (!f A CD N V p W.: W O ~ O O O q~ t J t D W ( Jt O ? ~ N N N N N N N..N.. A v N A L ~ r ~'~y O l (J~ N t 0 p y Q O t 0 Q~ W W tD O . O W ~ (l ~ O N O N: .~ O U N N N N N N N.N. A A V N N N A _ V O N A T ~n A V N ~ O~ O !00 (Oa t0 O W A O~ m O tD O O~ N N N N N N: V1~ A v N A _ O . O ~ N N 1D C ~ O OD O~ W m tD '- W ` N N O ~A O lp O U N N N N N N N« _. N W W A V N ~ ~ N G ~N L -+ O/ N U W O O O O tD Q~ W ~ W V N O~V O N ~ O V N N N N N N ~ N'H ~ QAi N W .; G j ~ O b ( W /i . + O N O W O p.~ I O ;16'200 MON 0942 AM bla~ CONSULTING SERVICES, INC. Date: April 4, 2007 To: Pierson Consulting Company, Inc. Attention: Debra Pierson Black Consulting Services, Inc. l90 Strayer Road xork Springs, PA 7.7372 Phone: 717-620-3042 Fax: 800-884-5825 Email: Sales@B1ackCSI.com Thank you for the opportunity to provide a quotation for the replacement of damaged CAT6 cabling in your facility in Mechanicsburg, PA. Black Consulting Services, lnc. (BlackCSl) will perform the following: • Demolition of twenty-one (21) damaged cables. Provide and install one {1) 24~Port CAT6 patch panel and one {1) horizontal wire management panel. • Provide and install twenty-one (21) CAT6 cables. Cables will be terminated on the new patch panel and existing CAT6 workstation jacks. • Label each cable at both the workstation and patch panel end. • Label the patch panel. This quotation assumes: Re-use of existing J-hooks or cable support system. • Telecommunication rack/cabinet to house the new CAT6 patch panel will be provided by Pierson Consulting Company. • Labeling will follow existing label scheme. Bid Price: $3,325.00 Should you have any questions, please feel free to calf meat 717-620-3042. Note: This propo9ai may !x withdrawn by us it rqt accepted wlthln'tMrty (90) Gaye. ACCEPTANCE O F P RO POSAI. - Trre epD~e area.:peeifit~tion ~~, oonditlDns are eadara~aDry enD are Hereby aDCeplad. You ere aU1nOrlZeo t0 f)D the Work a9 ipecifietl. Terms: Net 10 davs. .Date of gxeptance: Signature: P. 012 iW material is S)uararrteeC to De as specifietl. An work M be Mmpleted in a workmanlike manner aomrG~ng to standero wacticss. Any alteration or deviation from above eDeCItiC8L0r18 invowin0 ex11a tO9tS will De axecutad ,y11y upcn wrhten prdery, end wltl DeCOmp an e,rox Ghats Drat and above the eetimete- Ap 6yreemyti9 OOMlrgent Upon eUlke9, aCL10er119 0/ dekyS bey0np our conlr0l. Owner t0 Wrry ^re, tornado end OVIe/ necessary inSUMnu. Our vgrkere ere 1Vlly cowrW py WOrkmen'8 ('iorrpsneelion hn9uranCl. ~~~~ i ~~~ • t 16~200) MON 09.42 AM CENTRAL PENN P~ 013 Estimate # Estimate For: Jeff Pearson Job Name: Paving Repairs Job Location: t 0 Long Lane Payment Terms 3709 G Derry Street Harrisburg, PA 17111 717-564-5630 Fax:717-564-9084 ti.=1'o-2001 MON 09 ~ 42 AM Duty's Lock, Safe~3 Secrxrity, Inc. 4301 Carlisle Pike Camp Hill, PA 17011 717-761-6337 EIN#20-0046383 att.c ro Pierson Consuttin~ I'.4. Box 206 New Kingston, PA 17072 P. 014 Invoice pa rF rrvvarc~ ~ 4/11/2007 W59691 P,O, NO, TERMS REP Net 30 ~G QUANT... DESCRIPTION RA 7-,E' AMOUNT T~ork Completed on 4-•2-07 Service Location: 10 Long Lane Suite 1'00-102 4 SCI ,DND .Duplicate Keys 1.00 4.OOT 4 1"lco 26D SC11Zim Cylinder ~ 11.00 44.00 1 Ilco 1 " 46D Mortise Cylinder 11.00 1'1.00 6 Cylinder Mastered $eyed 7 SO 45.00 Labor-to replace 3 rim cylinders on Xale single point 95.00 95.00 panics, replace 1 mortise cylinder on AR single, rekey 1 .A.R single and rekey 1 Yale,panic har, llepaired Suite .102 rear panic door and keyed to existing key. Trip Charge 35.00 35.00 Left keys inside front door of Suite ,100 & ,101 Sates Tax 6.00 % 0.24 PCease include ald Invoice #'s on aCl' correspondence, including payments. Thank you Total $234.24 ~s .ti .~ CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Jeffrey E. Kaylor, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 SMIGEL, ANDERSON & SACKS, L.L.P. Date: ,~f ~ B ~ y. Peter M. Go d, Esquire - ID #64316 Darryl J. Liguori, Esquire - ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff ~ ~ ~ N `-'' t__ ~ - O ~ ~ --x '~= r--- ~n ~ ~ M ~ (/~ ~~ ~ N ~ m x? c ~-- _ . ~, } ~- =. ~--; `.~ ~--~ .~ ~ ~"- ~, 'C COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW CONDOR CAPITAL CORP. Plaintiff vs. RODNEY ANDERSON and SHARON ANDERSON Defendant No. 07 - ~Slol~ CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CONDOR CAPITAL CORP. Plaintiff vs. RODNEY ANDERSON and SHARON ANDERSON Defendants No. D'7 - ka a CIVIL ACTION COMPLAINT e,~~~`,~,.~ The above Plaintiff brings this action against the above Defendants to recover the sum of $11,423.32, with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, CONDOR CAPITAL CORP., is a New York corporation located at 800 South Oyster Bay Road, Hicksville, NY 11802. 2. Defendant, RODNEY ANDERSON, is an adult individual located at 668 State Street, Lemoyne, PA 17043. 3. Defendant, SHARON ANDERSON, is an adult individual located at 668 State Street, Lemoyne, PA 17043. 4. At the special instance and request of Defendants, Opul, Inc. d/b/a Superior Pre-Owned entered into a written contract for the purchase of a motor vehicle, a true and correct copy of the contract is attached hereto, made a part hereof and marked Exhibit "A". 5. For value received, Opul, Inc. d/b/a Superior Pre-Owned assigned, transferred and set over to Plaintiff all its rights, title and interest in this claim. 6. By virtue of said assignment, Plaintiff acquired legal title to said Account, and became the legal holder of the claim against Defendants. 7. Defendants have not adhered to the agreed repayment obligations that govern the aforesaid contract, by reason of which Defendants are in default thereof. 8. The total amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $8,166.93. 9. Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 18.00% per annum to the past due balance. As of June 26, 2007 the total amount of interest due to Plaintiff is $620.24. 10. Plaintiff is entitled to have the 18.00% interest charge continue to accrue as set forth above, from June 26, 2007 on down to the date of judgment in this matter. 11. In accordance with the aforesaid agreement, Defendants further agreed to pay Plaintiffs reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which total $2,636.15. 12. The Plaintiff has made demand against Defendants for the aforesaid sum, but Defendants failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendants for $11,423.32 together with the continually accruing interest charge at the agreed rate of 18.00% per annum from June 26, 2007, costs of suit and all other relief to which Plaintiff may be entitled. COUNT II Alternative to Count I -Unjust Enrichment 13. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 14. The goods, wares, merchandise and/or services, described in the exhibits attached hereto were purchased by Defendants, and Defendants received and accepted the benefit of such goods, wares, merchandise and/or services provided by Plaintiff. 15. At all times material hereto, Defendants were aware that Plaintiff was providing the aforesaid goods, wares, merchandise and/or services to Defendant, and that Plaintiff expected to be paid for such. 16. At all times material hereto, Defendants, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise and/or services, and to incur damages. 17. At all times material hereto, Defendants were unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise and/or services without paying Plaintiff fair and reasonable compensation. 18. By reason of the aforesaid unjust enrichment of Defendants at Plaintiff s expense, an implied contract exists between Plaintiff and Defendants, and Defendants are obligated to pay Plaintiff the quantum meruit value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $8,166.93. WHEREFORE, Plaintiff demands judgment against Defendants for $8,166.93 together with the continually accruing interest charge at the statutory rate of 6.00%per annum from June 26, 2007, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610)866-0400 A DEBT COLLECTION LAW FIRM FORM PA 23-SLC (Rev. 3/03) SIMPLE INj€REST PENNSYLVANIA F MOTOR VEHICLE INSTALLMENT SALE CONTRACT, . fr . Dated ~~~~` ,~~ ~ K s ~:....~_ ANNUAL -~ :FINANCE Amount-Financed Total of Payments Total Sale Price `PERCENTAGE RATE: r CHARGE ~ The amount of credit provided The amount you wilt have paid after you The total cost of your purchase on -The cost of your credit as `The dollar amount the ' to you or an your behalf. ' have made all scheduled payments. credit, includi ur ownpayment a yearly-rate. credit will cost you.- - of$ ~' 7 .. Y FPayment Schedule wilfbe'. ~ '_ '` No. of Payments Amount of Payments :When Payments Are Due = $ " Monthly, beginning ~ ~ ~ Security You are giving a security interest m .the motor vehicle being:; purchased. Prepayment: It you pay off early,. you will not have to pay a penalfy.. ' Filing Fees: $ _ .. _ , : .. ,: - ,...: _; Late Charge: If a payment is late, you will be charged 2% of the' portion of the paymentwhich is.late for each month; or part of a month greater than 10 days, that if remains unpaid ._;, .See below and any other Contract documents for any additional informabon about nonpayment, default, any required repayment in full before-the scheduled date and prepayment-- rEfunds and penalties: = e means estimate- F ~3 IRthis Contract ~ - ~ IF YOU DO NOT.MEET YOU'fT,CONTRAGT'. ' vie are ~~ ~~ ~~~ ~;~~ ~~~~~ :.~~~ OBLIGATIONS, YOU MAY LOSE THE MOTOR th'e SELLER. ~" VEHICLE AHD PROPERTY:-THAT`.YOU . '~ Name .. AddtesS )~ i ~=. - :: Zip Code ~ BOUGHT WITH THIS CONTRACT, AND/(1R i ~--- ~~ - ~~ ~ ~~~~~ .~~, ~~ .~ ~~ _ MONEY ON DEPOSIT.WITH THE ASSIGNEE.' This Contract is between Seller and Buyer: All You are ~~~?. ~I~~.; I~ '~~'~. ~ $.•~' ~.~~~~: , the BUYER(S). •• - ~ - - .disclosures have been made by Seller. Seller Name(s) Address(es) ~ ~ Zip Code(s) intends to assign thisContracttotheAss'FEgnee. ~' -. . If there is more than one Buyer, each promises, separately and together, to payall sump due us'and to perform all agreements in thisContracf. ItemlZatlon of~AmOUnt FItTBtlCed-.tea ,.. _ - .- -_.. :. . ,:. ~._..,,-:: ,., ~ ,. Cash Price TRADE-IN: °.: _ .t s , . , $ ~~~ ~; Ypu have traded m g~ ~~ ~ ., ., the following vehicle: ~_' '' } Cash Downpayment ~ . _ :; .:, Year and'Make t ,; pescripbon - ., :. ,. , , : ;:: -~ ~ . If a balance is still owing on the vehicle you have traded in the Seller will, pay off this amount on your behalf. You warrant:and represent to us t)rat- .Trade-In any trade-in is free from:lien, claim; encumbrance orsecurity interest, except asshown ipahe Itemization of Amount Financed as.the "Lien, Payoff.". : Value ofiTrade-ln PROPERTY INSURANCE: Yau~may-choose:ahe'person through whom insurance :is obtained against loss or damage to the Vehicle and againsf~ $ t~~v~.~ liability arising out of use or ownership of the Vehicle: In this Contract, you'are promising to insure the Vehicle and keep it insured. GREOIT INSURANCE IS NOT REQUIRED: Credit Lrfg Insurance and Credit Accident'& Health (Disability) .Insurance are not required to obtain -Lien Payoff to :.>L~ .. credit, and will riot be provided unless.you sign below and agree to pay:ffie additional cost(s). Please read_the NOTICE OF. PROPOS~D,CREDIr $ ~_ ~~ '~ INSURANOE on-the reverse side . Yaur insurance certificate or policy will. tell you'the MAXIMUM amount of insurance available. Rll insurance Unpaid. Cash:Price Balance . purchased will tie for the term of t)ie`credit. We may-receive a financial benefit from your purchase of credit.insurance. $ ~} ~ _ Bysigning, you select Single Credit Life Insurance, What is your By sigrimg, yob select$ingle Credit Accident & What is you"r To Credit Insurance Company which costs $ ~ ~~ . a e? Years Health Insurance; which costs $ _ _~ ~~~ a ea Years ' `~ Td Public Officiatsfor ~' Signature ofBuyer to be insured f_or Single Credit Life tnsnrance Signature of Buyerto be insured for Single Credit Accident & Health Insurance. ~ License, Tags and Registra~on ~ ~ . E By signing, you bath selectloint ~~~ What are BY signing, you6othselectlointCredit ~Nhatare Percentage -.m $ ~f Credit Life Insurance, which costs $ your ages? Accident & Health insurance, which costs $ ~~ our ages? to be ~ Lien Fee ~ ; $ .... ~e insured ~ ~° 1. Signatures of both Buyers to be insured for Joint Credit - Signatures of both Buyers to be insured fior Joint Life Insurance Credit Accident & Health Insurance ~ $ ~ * _ a .... '.; - To ,; Insurer: ,, $ _ ~~ * ~, VEHICLE: You have agreed to purchase, under the terms of this.Contract, the following motor vehicle and its extra equipment, which is called. To ~ .- ~ - the "Vehicle" in this Contract. - _ ~ - ;. $ ~~ ~,~ * ,. .. :: - Year and~Make Serves Bodv Stvle No:~ Truck Ton Caoacity .Amount Financed . Serial Number ... , ~,~~ ~',ss~ t~{~c~~l~~~ t ~°.r ` - FfnanceCbarge '. '~~, Equipped _ A.T. _ P.S. _ AM-FM Stereo _ 5 Spd. -Other °' `_ E~H~~~~~ ~ ~ $ ~~~~> with _ A.C. _ P.W. _ AM-FM Tape _ Vinyl: Top ~= :. Total of Payments (Time Balance) ASSIGNEE: We may assign this Contract and Security Agreement to a sales;finance compan ~ ee assigns $ ~~~~' ' ._ the Contract-to a subsequent assignee, the term also refers to such subsequenf assigneE.:A _ of+ts:of the ~ Paymen;,t Schedule -You agree to pay Seller in this Contract and in the Securit `A reement shall belon` to and beenforceable.b ::: `~- . - . _ Y . g, _ g , ._ _ - , ~ ~- ~ you when . to us.the.Amount Financed plus.inte~est in _ _. _ _ 2. res of both Buyers. t° be insured for Joint Credit I Signatures of both Buyers to be insured for Joint prance Credit Accident & Health Insurance LE: You.have agreed to purchase, under the terms of this Contract, the following m°tor vehicle and its extra equipment, which is called :Miele" in this Contract U Year and~Mzke Series Bodv Stole No. CSI. Truck Ton Ca acit ~ ~Seria~I Nu~mb~r~~~~ _ _ ~-~~'a~ -- -~ - R . ~._... 53~~ ['~~~~~C`4~ far ~. . ~ .~z . ~~~ ~ v ~ ~` *„.~ Qt. ~ ° ~, ~ ~ a ~ . To ~ : ~~~6 ~ ~.` , ~ ~t~\\et Amount Financed ~~~~ °~ ' Finance Charge ~^ ~ iea~~ ~ ~ ,; a ~ ~t - AM-FM Stereo 5 Spd. Other - ~ - ~ed -aT• - P•S• - Total of Payments (Time Balance) ;~ ~Qt A.C. - P.W. -AM-FM Tape -Vinyl Top - ~ . ~Zrt gad .NEE: We may assign this-Contract and Security Agreement to a sales finarce company which is the "Assignee'" If the Assignee assigns enfas i nee-the term a{so refers to suchsubsequentassignee.-After the assignment, all rigeewill notf efou wheri` Payme~AmountFnan ed.plusr nteresptan '~SL~ intract. to ;a subsequ ..: s g ~ _ in this Gonti:acf and in the Security Agreement shall:-~ long o: and be enforceable. by the Assignee ~The~Asslgn ~ Y-Y to us the , a~~¢t Seller-makes arl:.a _. ,~._, ,. , • ,_ ~ ~:~ .. , ~ ~ : 'aau~1 ,, S~~ ~'~~~.. ~ a Y paymerts of $ ' ';,e1aQ~ ~~ I~~'~1~ ~~ _~ e a c h,, a n d a, f i n a.l p a y m e n t ~.° tt t>''paa a`~' IGNEIt: Any person slgoing the Co=Signer's Agreement Co Si ner will no~be anlOwne of the Vehtclell ~~'slgrieL(~}and Buyer(s) to paY' Payment will he`~dueon $ '~ •" a F~ ms due and to perform'all agreements in this Contract. _ g ~ P y ~~ ;and Then payments ~°~'1` WNER: Any person signing~the Co=Owner's Security AgreemenCbellothelSecurity Agreement arndtall ohhe parts of th sgCo tract~excelpt the- will:be due on that same day of each month '~a'~v\ her with all Co-Owner(s) and Buyer(s) to perform all agreements ~ :~~~~ mse to' Pay" section '~ _ follotving._ •. `:~to0 ~S. Ttie~erms shown in the boxes above are part of this Contract: ` e tD a us the Total Sale Price for the Vetiicle 6ymaking~the Cash SECURITYb1GatE,IOMEunderthis Contra t you give allsecuntyinteresthn phe V fiicle edsaQli:~~. ~ oe RISE TO`PAY: You ogre p y re wired o ipayment and assigning the Trade-In; if shown above, on or before Elie date of this Contract, and q lus interest You promise to make payments in accordance with the, .parts (ealled.~accessions") attached to the Vehicle af. any later time and ah any prod d .~ ~ a~a Ig us,the Amount Financed p ,.,;;. _.,, . achmonth as the" the Vehicle; lncludingg~ insurcatnaeapnst any•ofhyoursm ney on depos t with Assignee: Thrds : • "~ ~ tentSchedlile. You promise to make payments on or. before the same~day of a un and under th{s~Contra . g You a ree to a 'all other amounts whcfi may become due under the terms includes :any-.monQy whleh,ts, naw,ar may m,the future, be deposited with Assignee, by. you'd-~'Sf a~ ~aymenf.due date. g P :y. , . ct. Y6u a ree fo pad the;Seller or Assignee costs of suit. You also'agree fo pay Assignee niaydo this with[iutany prior notlcL~ S CONTRACT C.ONTLNUES DN.THE. EVERSE: • ~)°a is CTtr~t[a g ,ADDITIO.NAt.•'TERMS ANI3~GOND1TlONS mAbTe:atforneys` fees if Sellei of Assignee hires ati attorney to collect amounts;due under this , X01' racttirto protector get possession of the Vehicle.:You agree to"make payments at the place orto 'SIDE. YOU-ARE OBLIGATED TO ALL THE TERMS OF THE CONTRACT WHICH APPEAR OKTHE FRONT ANU R„EVERSE SIDES. -_ _.... _. . _ _ . __._. payments to the address which the Assignee most recentlq sp'ecfies in the whtten notice to you. ' - NOTICE TO`BUYER-=DO NOT SIGN THIS CONTRACT IN: BLANK..YOfJ ARE:; signing below; we agree to sell the Vehicle to you under the terms of this Contract.., .. }:~ ~~ ' ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO •PROT UR LEGAL RIGHTS. ~1 ~ ~ (sEALI 1~l/~3 t ~~~~ ~-~[~,~ $UYEfi ~ - ~" Date LER ~ yy.. ~ f• _ ~,. ----° _ Aid BUYER 3~'`j-~,' `.~;---~ ~.; :- Date i ---~--.... ~.~__.... - - Dafe "- _ - - SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOIf ON A SEPARATE DOCUMENT, BEFORE ' 0-SI,~NER: YOU [GNING THE CO-SIGNER'S AGREEMENT. ; O-SIGNER'S AGREEMENT: You, the person (or persons) signing below as "Co-Signer," promise to pay to us all sums due on this Contract and to perform all '~ ~' ;reements in this Contract. You intend to be legally bound by all the terms of. this Contract separately and together, with the Buyer. You are making this promise to ;duce us to make this Contract with the Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have jade any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. (SEAL) Date I Address i :o-Signer's Signature - - (SEAL) _ i Date ' Address .._Ga Pr'c Rianature ~ ~ ~ 0-OWNER'S SECURITY AGREEMENT: You, the person signing below as "Co-Owner," together with the Buyer or otherwise being all of the owners v, a,~ . ~,,,~..., ve us a Security Interest in the Vehiele identified above. You agree to be bound by the terms of the Security Agreement and all other parts of this Contract except the ?romise To Pay" section. You are giving us the security interest to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sums due i this Contract. You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle. (SEAL) Date . Address o-Owner's Signature IUYfR, CO-SIGNER AND CO-0WNfR, AS APPLICABLE, ACKNOWLEDGERECfIPT OF A COMPtfTED COPY OF TFIIS CONTRAC rT~TFIf TdNIE Of SIGNING. i:' t -• ~ ' ~' •• ^- BYE ~ CO-SIGNER CO-SIGNER OR CO-OWNER l71'Eft ;~'- NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. ®2003 BANCONSUMER SERVICE; INC. ANCONSUMER FORM PA 23-SLC (Rev. 3/03) ORIGINAL • White • DEALER COPY • Canary • aORROWfR'S/CO-SIGNER'S COPY -Pink • COPY -Goldenrod ` NUUII IUNAL 1 tKMJ ANU I:UNllIIlUNS 1. HOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total of Payments is the sum of the choice of whether or not to advance any money for these purposes. Such insurance will be Amount Financed and the Finance Charge. The Finance Charge consists solely of interest limited to an amount not greater than you awe on this Contract. THE INSURANCE WE computed daily on the outstanding balance of the Amount Financed. The Finance Charge PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE shown on the front side has been computed on the' assumption that we will receive all THAN INSURANCE YOU COULD PURCHASE YOURSELF. payments on their scheduled due dates. - _ We .will. add any money we advance on your behalf to the balance on which we impose _. 2. COMPUTING INTEREST: We will charge interest on'o`daily-basis on the outstanding- -Finance Charges at'the Annual-Percentage:Rate._of this Contract Xou.agiee to.repay'ahe; balance subject to interest on each day of the loan term, including any period for which a late money. advanced as we alone'may specify: (i) immediately on demand, or (ii) along withyour: charge is also imposed. The daily interest rate is equal to the Annual Percentage Rafe divided ;monthly payments. If we choose to allow you to repay the money advanced along withyouura by the number of days in that calendar year. Buyer agrees that because interest is calculated monthly payments, we can choose the amount of these payments and fiow.Jong you have to' on a daily basis, late payments will result in additional interest (and, if applicable, a late repay. If any of our rights stated in this paragraph are not permitted bylaw; we still have the' charge). Early payments will resulf in less interest being charged. Early and/or late payments other rights mentioned. Our payments on your behalf will not cure your failure to perfor<ny will cause the amount of the final payment to change. your promises in this Contract 3: LATE CHARGE: Buyer agrees to pay a late charge for any payment not made within 10 12. DEFAULT: In this paragraph "You" means the Buyer, Co-Signer and Co-Owner, or any one' days after its due date. The late charge will be 2% per month on the unpaid amount of the of them. You will be in "Default' of the Contract if an one ar more of the following things' payment We will consider any part of a month in excess of 10 days to be a full month The ,.happen: y ~• - late charge will be due when earned. No late charge will tie due if the ~easoh ttraf`the - ~-- ~ ~• = '•_ - '• payment is late is because, after default, the entire outstanding balance on this Contract is a. You do not make any payment on or before it is due; or -~ ' - due. No late charge will be due if the only reason that the payment is late.is because of-a-late b. You do not keep any promise you made in this Contract, or _,, charge assessed on an earlier payment ,: , ~ c. You do not keep'any promise you made in another Contract; Note Loan orAgreement~ with Seller or Assignee; or '4. APPLICATION OF PAYMENTS: We will a I a meats in the followin order of riori - - - -- - -- pp Y P y g P ~' d. You made any untrue statement in the credit application far th(s Contract; or first to interest; and then to late charges, fees; principal and any`other amaurits you owe in - --- -.- . the order that we choose. e. You committed any forgery in connection witfi this~ontract; o~ - :5. PREPAYMENT: You may prepay, in full or in part, the amount owed on this Contract atany - f. You die, are convicted of a crime involving fraud or dishonesty, or are found by a court time without penalty.. If you prepay the,Contract in part, you agree to continue to make with jurisdiction to do so to be incapacitated; or re ularl scheduled a meats unfil ou a all amounts due under this Contract`This will --'''.g. You file :bankruptcy or insolvenc ~ g Y P Y Y P Y y proceedings, or anyone files bankruptcy or reduce the number of payments you will make. _ ,insolvency proceedings against you; or 6. WAIVERS. ~ ~ h You take the Vehicle outside the Uhtted States or Canada without our written consent orb • a. WAIVER BY=SELLER AND ASSIGNEE: We and Assignee waive .the.-right to. treat any__::;, ~ You use the Vehicle or allow someone else to use it in a way that causes it not tb be property ,as securjty,forahe repayment of this Contract, except for the Vehicle and the other covered by your insurance; or ~~ . - °=~ ~~~ security specifically mentioned in this Contract j. You do something that causes the Vehicle to be subject to confiscation 'by government b. WAIVERS BY BUYER, CO-SIGNER AND CO-OWNER: You agree to make all payments on ^; ~ authorities; or. ~, ,,: or before they a"re due without our.having to ask. If you. don't, we may enforce our rights ... k .The Vehicle_is lost, stolen, destroyed or damaged beyond economical repair, and not without notifying you in advance. You .give up ariy right you may have to require that we fixed or found within a reasonable time; or enforce our rights against some other pefson or property before we enforce our lights against -; I. Another creditor tries to take the Vehicle or your~money on: deposit with Assignee by you.- ou agree thaf we may give up our rights against some other person but not againsf yop.: , legal process.. • , _ ~ r ~,_., You waive due ddigence. in collection and all defenses based on suretyship and impairment of. __ 13.OUR RIGHTS IF YOU ARE IN DEFAULT OF_ THIS CONTRACT: If .you are in Default.of-this collateral orsecurity. , .:; ~ , ,; -~: Contract, we;may Enforce our rights according to law. We may also do theahings specifically 7, INTEREST,AFTER MATURITY AND JUDGMENT: Interest at the rate provided in this mentioned in this Contract. We may da one of these things and at the same time or later do Contract shall cohtinue to accrue~on the unpaid balance until paid. m-full,.-:even:after:;matunty,•; another Some of the.things_we may do are the following. ;and/or after we get a judgment against you for the amounts due: This will apply even~if the -~ a. ACCELERATION: We-can-demand that youpay to us the entire unpaid balance owing- maturity occurs because of acceleration. If at any time interest as provided for in this on the Contract and all unpaid Finance Charges and other money due. You agree that you.will paragraph is not permitted by faw, interest shall accrue at the highest rate allowed by pay this money to us in one single. payment immediately upon receiving our demand ~ ,,.- applicable law beginning atthattime. - P v P Y 8. YOUR PROMISES ABOUT OUR SECURITY INTEREST: You-will not permit anyone otheF-` this ourselv0esshavef a guafified person d ittfor us orlhave~a government offiaal (by replevmf than us to obtain a security interest or-other rights in the Vehicle. You will pay all filing fees do it for us. You agree that we can peaceably come on to your•property to do this. We ma necessary for us to obtain and maintain our security interest in the Vehicle: You Will assist us ~`-take any otherthings found In the Vehicle; but will return these things.to you if you ask' If'you 'in having our security interest noted on the Certificate `of Title to the Vehicle. You will not sell 'want these things back,you may reclaim them within thirty_(30) days of our mailing youa or give away the Vehicle., If someone puts a lien. on the Vehicle; you will pay the obligation and ,:, Notice of Repossession. If you do not reclaim the things found in the VeMcle~within thattime clearthe lien. ,.we may dispose of those things in the same manneras the motor vehicle. You agree,that we 9. YOUR PROMISES ABOUT THE VEHICLE: You will keep the Vehicle in good condition and ;.may use your ticehse plates iq repossessing the Vehicle and taking itto a placefor.storage.-- repair. You will pay all taxes and charges on the Vehicle. You will pay afl costs of maintaining ~ '° c."VOLUNTARY DELIVERY.: We can ask you to give'us the Vehicle at.a reasonably the Vehicle: You will not abuse the Vehicle or permit anything to be done to the Vehicle which , ~ convenient place. You agree to give us the Vehiclerf we ask, will reduce its value, other than far normal wear and use. You will not use the Vehicle for jllegal purposes or for hire or lease. You will not move the Vehicle from your address shown on "~° d. DELAY IN ENFORCEMENT: We 'can delay enforcing our rights under this Contras the front of this ContracE to a new permanent place of garaging without notifying us m withoijt losing any right`s. '' advance: ~ ~:. -14 SOME, THINGS ,YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If: we repossess 10. YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured against fire, ..without using a government official (by replevin): ` theft and collision -until all sums due- us are paid in full. The insurance coverage must be a. NOTICE: We will send you a Notice of Repossession to your last address we'knoiv about: satisfactory to us and pro#ect your interests and our interests at the time of any insured loss. This Notice will tell yoq how to buy back (redeem) the Vehicle. You will NOT have the right to The insurance must name us as "loss- a ee" on the olic .The insurance-`must be written b reinstate the Contract This means you will hate to pay the total balance on the Contract and an insurance company qualified to do business in Penfsylvania and licensed to sell insurance other amounts due. You may not get the Vehicle back by paying delinquent installments:'This. ~in.the state where the Vehicle is permanently garaged. The insurance policy must provide us ~ ,-,Notice will tell you other information required bylaw. , ,.;. , . , with at least ten (10) days prior written notice of any cancellation or reduction in coverage. On ` "b. REDEMPTION: You have the right to buy back (redeem) the Vehicle within. l5 days of 'request, you shall deliver the policy or other evidence of insurance coverage to us. In the the mailing of the Notice and at any later time before we sell the Vehicle. If you redeem the event of the-loss or damage to the Vehicle, you will immediately notify us in writing and. file a Vehicle, we will deliver the Vehicle to you at a place as provided by law, as soon as is ,`proof of loss with the insurer, - -- - reasonably possible, but in not more than ten (10) business days of our receipt of the funds a. OUR RIGHT i0 FILE PROOF OF LOSS: In the event of any loss or damage to the required. If you do not redeem, you give up all claim to the Vehicle. Vehicle, if you fail or refuse to file a claim or proof of loss with the insurance company, you c. SALE: If you don't redeem, we will sell the Vehicle. The money received at sale will be 'agree that the Seller, Assignee, any subsequent assignee, or any. authorized employee of any. , ;:;used to pay. costs and expenses you owe., and then to :pay the amount you owe on the of them ("we") may file a proof of loss_with the insurance company, in your name and. acbng ::;Contract as your agent, with respect to the insured claim. You agree that you do not have the right to d. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. If there'is and will not revoke the power you have given us to file a proof of loss. You agree that we may not enough'money from the-sale to pay what you owe, Buyer and Co-Signer agree to pay what exercise this power for our benefit and not for your benefit, except as provided in this- - is still owed to us. , Contract and by law. - e. EXPENSES: You agree to pay the casts of repossessing, storing, repairing, preparing for b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee, sale and selling the Vehicle as may be allowed by law. These costs will only be due if: ~.~ ~ - any subsequent assignee, or an authorized employee of any of them ("we") may endorse your 1. Default exceeds fifteen (15) days at the time of repossession; 'name, acting as your agent, to any check, draft or other instrument we receive in'payment of ._. 2. The amount of costs are'actual, necessary and reasonable; and an insured loss or return of insurance premiums. You agree that you do hot have the rjght to - -- and will not revoke the power you have, given us to make your endorsement. You agree that 3. We can prove the costs were paid. we may exercise this power for our benefit and not for your benefit, except as provided in this 15.'HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall Contract and by law. be enforceable against your heirs and personal representatives of your estate. c. USE OF PROCEEDS: We may apply ariy insurance proceeds we receive to repair or 16..GOVERNING"LAW: This Contract is to be interpreted according to the law of-Pennsylvania:' replace the Vehicle if, in our opinion; it is economically feasible. and you, are. not then m _ 17. SEVERABILITY OF PROVISIONS: If for any reason any part of this Contract shall become default of this Contract Qtherwfse, we wil(apply the insurance proceeds to reduce the unpaid illegal, void or unenforceable, that part shall not be a part of this Contract - balance due us. After the balance.due us is paid, any excess will belong to you.. •18.,ASSIGNMENi BYBUYER: Buyer shall not assign this Contract - 11. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST, _ 19: THERE ARE NO WARRANTIES. BY SELLER, EXPRESSED OR IMPLIED; INCLUDfNG THE VEHICLE OR INSURANCE: If you fail to keep your promises to pay filing fees, taxes, flans or WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; the costs necessary to keep the Vehicle in good condition and repair, we may advance any UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER money you promised to pay. If you fail to keep your promises about required insurance, we ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF ... n.. n.l.rn ...... ........... 1.. ., 4L.:- :.,-..:____ a_ __..__ ~___ __ ~______ a_ a~_ ~~_~:_~_ ~~i_ ~. _.._ a~_ T[lIC /~/,~ITff"I~T - -, reyue~t, yuu suau~ueuvm uie pmicy ui ou1e~ cnueu~e.m nwwau~cwyc~a~c,v.ua. eventoftfieloss or damage to the Vehicle, you will immediately notify us in writing and file a ` - - - ,~. 'Yehicle, we. will deliver the Vehicle to you at a-place as-provided by Jaw as sodii"as is -reasohatrly passible, but in not more than ten (10) business days of our-receipt of.the funds = proof of loss with the insures a. OUR RIGHT TO FILE PROOF OF L05S: In the event of any loss or damage to the ou required. If you do not redeem, you give up all claim to the Vehicle. we will sell the Vehicle. The money received at sale will be SALE: If you don't redeem c Vefiicle, if you fail or refuse to file a claim or proof of lass with the insurance company, y - any subsequent assignee, or any. authorized employee of any- Assignee ree that the Seller a , . used to pay costs and ex crises ou owe; .and then to -pay the amount you owe •on tfie P Y ; .- , , g of them ("we°) may file a proof of loss with the insurance company, in your name and acting • with respect to the insured claim. You agree that you do not have the right to as your agent :;Contract d. SURPLUS OR DEFICIENCY: If there is money left, we will pay it to the Buyer. If there is h t , and will not revoke the power you have given us to file a proof of loss. You agree that we may a not enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay w - exercise this power for our benefit and not-for your benefit, except as provided in this- Contract and by law. - " is still owed to us. - - e. EXPENSES: Yau agree to pay the costs of repossessing, storing, repairing preparihg for ' b. OUR RIGHT TO ENDORSE INSURANCE CHECKS: You agree that the Seller, Assignee, :• :~.. sale and selling the Vehicle as may be allowed by law. These costs will only be due if:: any subsequent assignee, or an authorized employee of any of them ("we°) may endorse your 1. Default exceeds fifteen (15) days at the time of repossession; _ acting as your agent, to any check, draft or other instrument we receive in payment of _= name - 2. The amount of costs are actual, necessary and reasonable; and , an insured loss or return of insurance premiums. You agree that you do hot have the right to 3. We can prove the costs were paid. and will not revoke the power you have given us to make your endorsement You agree that 15. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract shall we may exercise this power for our benefit and not for your benefit, except as provided in this be enforceable against your heirs and personal representatives of your estate. Contract and by law. c. USE OF PROCEEDS: We may apply any insurance proceeds we receive to repair or 16. GOVERNING LAW: This Contract is to be interpreted according'to the law of Pennsylvania.' PROVISIONS: If for any reason any part of this Contract shall become SEVERABILITY OF 17 replace the Vehicle if, in our opinion; it is economically feasible and you are_not then m ~ default of this Contract Otherwise, we will. apply the insurance proceeds to reduce thepnpaid , . = : - : ,illegal, void or unenforceable, that part shall not be a part of this Gantract - ~ _:: ,ASSIGNMENT BYBUYER: Buyer shall not assign this Contract 18 balance due us. After the balance due us is paid, any excess will belong to you. 11. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST,.. . .. 1$..THERE ARE, NO WARRANTIES.BY SELLER, EXPRESSED OR IMPLIED, INCLUDING THE, PARTICULAR PURPOSE; WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A VEHICLEOR INSURANCE: If you fail to keep your promises to pay filing fees, taxes, fieris or the costs necessary to keep the Vehicle in good condition and repair, we may advance any . UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS'SELCER ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF money you promised to pay. If you fail to keep your promises about required insurance, we may advance money to obtain insurance to cover loss or damage to the Vehicle. We have the THIS CONTRACT. Buyer's Guide Window Sticker. If the Car which is described on the face of,this Contract has a Buyer's Guide VI[indow Sticker required by the Federal ~ ~ ., Trade Commission Used Car Trade Regulation Rule, the following not(ce applies; ~: The information you see on: the window form, for this Vehicle. is part of this Contract. Information on the window form overrides, any contrary provisiors in the contract.of sale. - - ANY 'HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO A!L CLAIMS AND DEFENSES WHICH THE DEBTOR~COULD E - NOTIC ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF: -.RECOVERY uf`RFftnInFR Rv THE nFRTne SHAI t N.OT EXCEED AMOUNTS PAID BY:TH E DEBTOR HEREUNDER. ~ , NOTICE OF PROPOSED CREDIT INSURANCE . - The signer(s) of this Contract hereby take(s) notice that Group Credit Life Insurance coverage or Group-Credit Accident and Disability Insurance coverage will be applicable to this' ~ Contract if so marked on the front of this Contract, and each such type of coverage will :be-written by the insurance company named. This insurance, subject to acceptance by the insurer, covers only the person or persons signing the request for such~msurarice: The amount of charge is indicated 'for each Type of Credit Insurance to be purchased The ternl.of insurance will commence as of the date•the indebtedness as incurred and wlll;ezpire on `Elie original scfiedule..d. maturity date of the indebtedness. Subject to acceptance by',the insurer' and within 30 days, there will be delivered "fothe insured debtor(s) a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund of insurance charges will be made when due. RANCONSUMER FORM PA 23-SLC (Rev. 3/03) :-}:. ; VERIFICATION SPi(~{'1q, ,hereby states that he/she is the NIQ,V1Q02~' ~FCLi ~~ of C,o~~lor I:CG~I 1 ~ ,Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. ~ ~ ~ p a C7 c~ ~ o -._., i f N ~~ z _:7 ~f ~ <^~ ~. .1f 0 Cory A. Iannacone, Esquire Attorney I.D. No. 200530 BROADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for RJH Realty, LLC operating as RJH Express, Inc. LONG LANE REAL ESTATE ENTERPRISES, LP v. Plaintiff RJH REALTY, LLC operating as RJH EXPRESS, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. o2(~O'1- '009 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Answer with New Matter and Counterclaims and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR YOU CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. a OC~'~1- ~OOq JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIMS NOW COMES, Defendant, RJH Realty, LLC, operating as RJH Express, Inc., Cory A. Iannacone, Esquire Attorney I.D. No. 200530 BROADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for RJH Realty, LLC operating as RJH Express, Inc. LONG LANE REAL ESTATE ENTERPRISES, LP v. Plaintiff RJH REALTY, LLC operating as RJH EXPRESS, INC. ("Defendant" or "RJR"), by and through its counsel, Rhoads & Sinon LLP, and files with within Answer With New Matter and Counterclaims to the Complaint filed by Plaintiff, Long Lane Real Estate Enterprises, LP ("Plaintiff' or "Long Lane"), and in support thereof, avers the following: PARTIES 1. Admitted. 2. Admitted. PROPERTY 3. Denied. It is specifically denied that the subject matter of this action is real 657735.2 property. Rather, the subject matter of this matter is a certain Lease Agreement entered into ~.~ between Long Lane and RJH on April 12, 2006 ("Lease"), and each party's respective rights and obligations under the terms of the Lease. (A copy of the Lease is attached hereto as Exhibit "A".) The Property referenced in Paragraph 3 is the subject matter of the Lease, but is not the subject of the above-captioned matter. JURISDICTION AND VENUE 4. Admitted. 5. Admitted in part and denied in part. It is admitted that venue is appropriate in Cumberland County, Pennsylvania. However, it is denied that Pa. R. Civ. P. 2179(a)(S) provides a basis for venue as said rule only pertains to disputes over property where equitable relief is sought. This is a contract dispute and not a property dispute; both parties seek monetary relief and not equitable relief. BACKGROUND 6. Admitted. 7. Admitted in part and denied in part. It is admitted that Long Lane performed these services and sent an invoice to RJH on October 19, 2006. However, it is specifically denied that RJH requested that Lone Lane install eight high bay light fixtures with wiring and conduit, and replace a broken light bay fixture. To the contrary, Long Lane took it upon itself to install the light fixtures with wiring and conduit, and replace the broken light fixture. Long Lane performed said services as a result of robberies which had taken place on the Property. It was Long Lane's obligation to perform such services pursuant to §6.5 of the Lease, entitling RJH to quiet enjoyment of the Property without intemzption by Long Lane or any person or persons. -2- ~ T At no time did RJH request Long Lane to perform these services, and at no time did RJH inform or promise Long Lane that it was going to pay for such services. 8. Admitted in part and denied in part. The Lease is a document which speaks for itself, and, as such, no responsive pleading is required. To the extent a response is required, those averments contained in this paragraph are specifically denied. It is admitted that Long Lane did not provide RJH with written consent to install a surveillance system, however, such written consent was not required. To the extent it was, Lone Lane waived this requirement by knowingly permitting RJH to install said surveillance system. By way of further response, it is specifically denied that said surveillance system was "permanent" in nature, rather it could easily be removed without causing material damage to the Property. 9. Denied. The Lease is a document which speaks for itself, and, as such, no responsive pleading is required. To the extent a response is required, those averments contained in this paragraph are specifically denied. It is further denied that the security cameras installed by RJH are now the property of Long Lane. By way of further response, those security cameras are being wrongfully held by Long Lane. Long Lane materially breached the terms of the Lease by wrongfully excluding RJH from the Property during the terms of the Lease which resulted in RJH being unable to remove items from the Property, including the cameras. Specifically, prior to the end of the Lease term, Long Lane changed the locks, thus excluding RJH from the Property. 10. Admitted in part and denied in part. It is admitted that Long Lane sent a letter to RTH on May 27, 2006. This letter is a document which speaks for itself, and, as such, no responsive pleading is required. To the extent a further response is required, the remaining averments contained in this paragraph are specifically denied. By way of further response, the -3- ~ ~ trash problem referenced by Long Lane was caused by third parties, namely, York Waste, Inc., which was the trash removal company utilized by other tenants at the Property. In a letter dated May 30, 2006, RJH responded to Long Lane's May 26, 2006 letter by informing Long Lane that the alleged trash problem was being caused by third parties, and not RJH. (A copy of the May 30, 20061etter is attached hereto as Exhibit "B".) The May 30, 20061etter further explains that RJH has been conducting its own daily trash walks on the Property to pick up any trash that may have inadvertently blown out of RJH's loading dock area. Since that time, Long Lane has failed to raise any additional issue with respect to the trash problem allegedly being caused by RJH. 11. Admitted in part and denied in part. It is admitted that on January 5, 2007, Long Lane sent a bill to RJH for trash removal for the week of December 25, 2006 and for heater repair at the Property. Both the bill and the Lease are documents which speak for themselves, and, as such, no responsive pleading is required. It is specifically denied that RJH is responsible for the payment of the trash removal or the heater repair. By way of further response, under the terms of the Lease, RJH is only responsible for the cost of trash pickup in the parking lot, grass areas and neighboring yards when the trash is generated by RJH. (See Lease Art. II, p. 3.) RJH did not generate any of the trash which was the subject of the invoice referenced in this paragraph; rather, that trash was generated by York Waste, Inc. in disposing of other tenants' trash and traveling to an adjacent industrial park. See Ex. B.) With respect to the cost for heater repair, the Lease further provides that this cost is included in the monthly common area maintenance ("CAM") charges paid by RJH. See Lease, Art. II, p. 2) ("The common area maintenance charge includes ... HVAC repair ....") As such, it was improper for Long Lane to bill RJH for the cost of heater repair. -4- Y • t 12. Admitted in part and denied in part. It is admitted that Long Lane sent a January, 2007 invoice for electric and utilities, and that RJH paid said invoice. To the extent Long Lane alleges that late fees are due on said invoice, those allegations are specifically denied. Byway of further response, Long Lane failed to promptly invoice RJH for electric and utilities, and, as such, to the extent payment is deemed "late" by RJH, that is Long Lane's fault, and not that of RTH. 13. Admitted. 14. Admitted in part and denied in part. It is admitted that RJH has made payment for the $10,500 in CAM referenced in this paragraph. The terms of the Lease speak for themselves, and, as such, no responsive pleading is required. Byway of further response, to the extent Long Lane deems RJH's CAM payments to be late, that is the result of Long Lane's failure to timely invoice RJH for such payments. Upon receiving the January 26, 2007 letter, RJH contacted Long Lane regarding Long Lane's failure to invoice RJH for such payments as Long Lane had done in the past. Long Lane informed RJH that it had changed its practice and no longer invoiced its tenants for CAM charges. This was the first time RJH became aware of Long Lane's change in practice. Immediately upon being informed of this change in practice, RJH promptly remitted the CAM payment to Long Lane. 15. Admitted in part and denied in part. It is admitted that RJH has not made a March, 2007 CAM payment. It is specifically denied that an additional $862.25 in CAM overage is owed by RJH. By way of further response, at the time the March, 2007 CAM payment was due, the underlying dispute existed as to each party's rights and obligations under the terms of the Lease. Although RJH has made an offer to pay these costs to resolve the -5- ~ '. Y dispute, Long Lane has demanded that additional costs be paid to which Long Lane is not entitled. RJH is withholding payment until the dispute is resolved. 16. Admitted in part and denied in part. It is admitted that the March 21, 2007 email correspondence was sent to Sam Levin. However, the March 21, 2007 email, along with the attachment, and the Lease are documents which speak for themselves, and, as such, no responsive pleading is required. To the extent a response is required, those averments are specifically denied. 17. Admitted in part and denied in part. It is admitted that Long Lane sent a letter to RJH dated Apri120, 2007. The Apri120, 2007 letter is a document which speaks for itself, and, as such, no responsive pleading is required. To the extent a response is required, the averments contained in this paragraph are specifically denied. By way of further response to each specific item, RJH avers as follows: a. Denied. To the extent "damage" was caused to the overhead doors, such damage is the result of normal wear and tear. Pursuant to the terms of the Lease, RJH is not liable for normal wear and tear caused to the Property. (See Lease §§3.8, 5.2(b).) In addition, during a final walk through of the property, Jeffrey Pierson, from Long Lane, noted to Ronald Hawk, from RJH, that there appeared to be wear and tear on four (4) to six (6) of the door panels, but that "it was not a big deal." b. Denied. To the extent there is plywood damage to the walls, such damage is the result of normal wear and tear. Pursuant to the terms of the Lease, RJH is not liable for normal wear and tear caused to the Property. (See Lease §§3.8, 5.2(b).) In addition, this was never raised as an issue by Long Lane in the final walk through. -6- r ' x c. Denied. A network cabinet was not in place when RJH's lease commenced. RJH was the party responsible for installing the network cabinet, and as such, there is no obligation upon RJH to replace said network cabinet, when it was provided by RJH, and not Long Lane. In addition, this was never raised as an issue by Long Lane in the final walk through. d. Denied. The twenty-one network and phone cables were not in place when RJH's lease commenced. RJH was the party responsible for installing the twenty- one network and phone cables, and, as such, RJH is under no obligation to "re-run" those cables when they were provided by RJH, and not Long Lane. By way of further response, it is specifically denied that said cables were "cut off too short by RJH to re- use." In addition, this was never raised as an issue by Long Lane in the final walk through. e. Denied. The electric in the network cabinet was not in place when RJH's lease commenced. RJH was the party responsible for installing the electric in the network cabinet, and as such, there is no obligation upon RJH to replace said electric when it was provided by RJH, and not Long Lane. In addition, this was never raised as an issue by Long Lane in the final walk through. f. Denied. It is specifically denied that RJH is liable for patching of asphalt under the compactor and dumpster, and it is further denied that the cost of such patching is $2,515.00. Under the terms of the Lease, the cost of parking lot maintenance is included in the monthly CAM charge paid by RJH. See Lease, Art. II, p. 2) ("The common area maintenance charge includes ... parking lot maintenance ....") Byway of further response, it is believed, and therefore averred, that the $2,515.00 cost quoted -7- Y ~ 1 by Long Lane is not the cost to patch the asphalt, but rather the cost to install a concrete foundation for the trash dumpsters. Long Lane is wrongfully attempting to upgrade its Property solely at RJH's expense. (Attached hereto as Exhibit "C" are copies of photographs which evidence the extent of patchwork which is necessary to repair the asphalt.) g. Denied. Under the terms of the Lease, RJH is only responsible for the cost of trash pickup in the parking lot, grass areas and neighboring yards when the trash is generated by RJH. See Lease Art. II, p. 3.) RJH did not generate any of the trash which was the subject of the invoice referenced in this paragraph; rather, that trash was generated by York Waste, Inc. in disposing of other tenants' trash and traveling to an adjacent industrial park. (See Ex. B.) As such, RJH is not liable for the cost of trash pickup and disposal listed in this paragraph. h. Admitted in part and denied in part. It is admitted that RJH changed the locks to the Property, however, it is denied that RJH is liable for said cost. It was Long Lane's obligation to provide RJH with quiet enjoyment of the Property, however, Long Lane breached this obligation when a series of robberies took place on the Property. RJH was forced to change the locks to the Property as a result of these robberies along with Long Lane's failure to provide RJH with quiet enjoyment of the Property. 18. Denied. It is specifically denied that RJH is responsible for the items listed in this paragraph. a. Denied. To the extent there is damage to the walls, such damage is the result of normal wear and tear. Pursuant to the terms of the Lease, RJH is not liable for normal wear and tear caused to the Property. (See Lease §§3.8, 5.2(b).) By way of -8- r r further response, Long Lane failed to raise this as an issue in the final walk through of the Property. b. Denied. It is denied that there was any cost associated with removing security cabling in the office and warehouse. By way of further response, RJH was forced to install the security system as a result of the aforementioned robberies along with Long Lane's failure to provide RJH with quiet enjoyment of the Property. In addition, Long Lane failed to raise this as an issue in the final walk through of the Property. c. Denied. It is specifically denied that there was any damage done to the ceiling tiles from holes being cut. Byway of further response, Long Lane failed to raise this as an issue in the final walk through of the Property. d. Denied. It is specifically denied that there was any damage done to the metal skin on the exterior of the building where holes were cut for security cameras. By way of further response, RTH was forced to install the security system as a result of the aforementioned robberies along with Long Lane's failure to provide RJH with quiet enjoyment of the Property. In addition, Long Lane failed to raise this as an issue in the final walk through of the Property. e. Denied. It is specifically denied that there was any damage done to all six metal doors from mounting security system contact. By way of further response, RJH was forced to install the security system as a result of the aforementioned robberies along with Long Lane's failure to provide RJH with quiet enjoyment of the Property. In addition, Long Lane failed to raise this as an issue in the final walk through of the Property. -9- f. Denied. It is specifically denied that there was any damage done to private office door and door jam. By way of further response, Long Lane failed to raise this as an issue in the final walk through of the Property. g. Denied. It is specifically denied that the bathrooms needed to be cleaned after RJH vacated the Property. By way of further response, Long Lane failed to raise this as an issue in the final walk through of the Property. 19. Admitted in part and denied in part. It is admitted that on March 29, 2007, a walk through of the Property took place. It is denied that Sam Levin participated in this walk through; rather, Ronald Hawk was the person from RJH who participated in the walk through. It is specifically denied that Mr. Pierson noted that the overhead doors needed to be replaced. Rather, Mr. Pierson only noted to Mr. Hawk that there appeared to be wear and tear on four (4) to six (6) of the door panels. Mr. Pierson further noted that "it was not a big deal." By way of further response, Long Lane never provided RJH with a punch list with these items, and because there was no true damage to the Property, there was never any written documentation provided by Long Lane to RJH. 20. Admitted. in part and denied in part. It is admitted that on March 29, 2007, a walk through of the Property took place. It is denied that Sam Levin participated in this walk through; rather, Ronald Hawk was the person from RJH who participated in the walk through. It is specifically denied that Mr. Pierson showed plywood damage, and further denied that plywood damage was ever raised as an issue by Mr. Pierson. Rather, Mr. Pierson only noted to Mr. Hawk that there appeared to be wear and tear on four (4) to six (6) of the door panels. Mr. Pierson further noted that "it was not a big deal." Byway of further response, Long Lane never provided -10- r RJH with a punch list with these items, and because there was no true damage to the Property, there was never any written documentation provided to RJH by Long Lane. 21. Admitted in part, and denied in part. It is admitted that in leaving the Property, RJH took the network cabinet with them. It is specifically denied that RJH left the Property on March 31, 2007. Although the Lease provided that RJH had use of the Property until March 31, 2007, Long Lane changed the locks to the Property on March 30, 2007, wrongfully excluding RTH from the Property on March 31, 2007-the last day of the Lease. The network, along with the twenty-one network and phone cables, were all provided by and installed by RJH; they were not part of the Property prior to the commencement of RJH's Lease with Long Lane. RJH is under no obligation to pay the cost of "re-running" those cables when they were provided by RJH, and not Long Lane. 22. Denied. It is specifically denied that RJH is liable for patching of asphalt under the compactor and dumpster, and it is further denied that the cost of such patching is $2,515.00. Under the terms of the Lease, the. cost of parking lot maintenance is included in the monthly CAM charge paid by RJH. (See Lease, Art. II, p. 2) ("The common area maintenance charge includes ... parking lot maintenance ....") By way of further response, it is believed, and therefore averred, that the $2,515.00 cost quoted by Long Lane, is not the cost to patch the asphalt, but rather the cost to install a concrete foundation for the trash dumpsters. Long Lane is wrongfully attempting to upgrade its property solely at RJH's expense. (See Ex. C.) 23. Admitted in part and denied in part. It is admitted that RJH changed the locks to the Property, however, it is denied that RJH is liable for said cost. It was Long Lane's obligation to provide RJH with quiet enjoyment of the Property, however, Long Lane breached this obligation when a series of robberies took place on the Property. RJH was forced to change the -11- f locks to the Property as a result of these robberies along with Long Lane's failure to provide RJH with quiet enjoyment of the Property. By way of further response, it is specifically denied that RJH left the Property on March 31, 2007. Although the Lease provided that RJH had use of the Property until March 31, 2007, Long Lane changed the locks to the Property on March 30, 2007, wrongfully excluding RJH from the Property on March 31, 2007-the last day of the Lease. Therefore, Long Lane failed to provide RJH with an opportunity to change the locks back. COUNTI BREACH OF CONTRACT 24. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 25. It is admitted that RJH has not made a March, 2007 rent and CAM payment. By way of further response, at the time the March, 2007 rent and CAM payment was due, the underlying dispute existed as to each party's rights and obligations under the terms of the Lease. Although RJH has made an offer to pay these costs to resolve the dispute, Long Lane has demanded that additional costs be paid to which Long Lane is not entitled. RJH is withholding payment until the dispute is resolved. 26. Denied. The averments contained in this paragraph constitute a legal conclusion for which no responsive pleading is required. To the extent a response is required, the averments contained in this paragraph are specifically denied. By way of further response, Long Lane materially breached the Lease by changing the locks prior to the termination of the Lease, thus wrongfully excluding RJH from the Property. 27. Denied. The averments contained in this paragraph constitute a legal conclusion for which no responsive pleading is required. To the extent a response is required, the averments -12- contained in this paragraph are specifically denied. By way of further response, RJH hereby incorporates its response to paragraph 17 as though fully set forth herein. 28. Denied. The averments contained in this paragraph constitute a legal conclusion for which no responsive pleading is required. To the extent a response is required, the averments contained in this paragraph are specifically denied. By way of further response, for the reasons set forth in the preceding paragraphs, RJH disputes the amount of damages claimed by Long Lane. WHEREFORE, Defendant RJH Realty, LLC operating as RJH Express, Inc. respectfully requests that a judgment be entered in its favor and against Plaintiff, Long Lane Real Estate Enterprises, LP. COUNT II UNJUST ENRICHMENT 29. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 30. Admitted in part and denied in part. It is admitted that a security system and new system of locks were installed on the Property, and that RJH was provided with electric. and utilities, CAM, and trash removal. To the extent Long Lane attempts to characterize these items as "benefits", those allegations are specifically denied. RJH incurred upon itself the cost of the security system and new system of locks installed on the Property. This security system was not "permanent" in nature, rather, it could be removed without causing material damage to the Property. RJH compensated RJH for any electric and utilities, and CAM which it was obligated to pay. To the extent any amount remains outstanding, that is the result of the dispute which existed between the parties. Although RJH has made an offer to pay these costs to resolve the -13- dispute, Long Lane has demanded that additional costs be paid to which Long Lane is not entitled. With respect to the trash removal, under the terms of the Lease, RJH is only responsible for the cost of trash pickup in the parking lot, grass areas and neighboring yards when the trash is generated by RJH. See Lease Art. II, p. 3.) RJH did not generate any of the trash which was the subject of the invoice referenced in the previous paragraphs; rather, that trash was generated by York Waste, Inc. in disposing of other tenants' trash and traveling to an adjacent industrial park. (See Ex. B.) 31. Denied. The Lease along with its terms speak for themselves, and, as such, no responsive pleading is required. To the extent a response is required, those averments contained in this paragraph are specifically denied. Byway of further response, the Lease provisions cited to by Long Lane do not reference "upgrades." In addition, it was Long Lane's obligation to provide RJH with quiet enjoyment of the Property, however, Long Lane breached this obligation when a series of robberies took place on the Property. RJH was forced to install a security system and new system of locks as a result of these robberies along with Long Lane's failure to provide RJH with quiet enjoyment of the Property. Long Lane knowingly permitted the installation of these items by RJH without any objections. 32. Admitted in part and denied in part. It is admitted that RJH has not compensated Long Lane for the security system and new system of locks, however it is denied that Long Lane is entitled to any such compensation for those items. The cost of these items was incurred by RJH, and not Long Lane. There is no justifiable reason why Long Lane is entitled to be compensated for a benefit provided to the Property at RJH's expense. With respect to the remaining items, RJH compensated Long Lane for any electric and utilities, and CAM which it was obligated to pay. To the extent any amount remains outstanding, that is the result of the -14- dispute which existed between the parties. Although RJH has made an offer to pay these costs to resolve the dispute, Long Lane has demanded that additional costs be paid to which Long Lane is not entitled. Furthermore, under the terms of the Lease, RJH is only responsible for the cost of trash pickup in the parking lot, grass areas and neighboring yards when the trash is generated by RJH. (See Lease Art. II, p. 3.) RJH did not generate any of the trash which was the subject of the invoice referenced in the previous paragraphs; rather, that trash was generated by York Waste, Inc. in disposing of other tenants' trash and traveling to an adjacent industrial park. (See Ex. B.) 33. Denied. The averments contained in this paragraph constitute a legal conclusion for which no responsive pleading is required. To the extent a response is required, the averments contained in this paragraph are specifically denied. Byway of further response, and as explained above, there has been no benefit conferred by Long Lane upon RJH which would entitle Long Lane to compensation. WHEREFORE, Defendant RJH Realty, LLC operating as RJH Express, Inc. respectfully requests that a judgment be entered in its favor and against Plaintiff, Long Lane Real Estate Enterprises, LP. NEW MATTER 34. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 35. Although the Lease provided that RJH had use of the Property until March 31, 2007, Long Lane changed the locks to the Property on March 30, 2007, thus wrongfully excluding RJH from the Property on March 31, 2007-the last day of the Lease. -15- ~~ ~ 36. Long Lane materially breached the terms of the Lease by wrongfully excluding RJH from the Property during the terms of the Lease which resulted in RJH being unable to remove items from the Property, including the cameras which were part of the security system purchased by RJH. 37. It was Long Lane's obligation to provide RJH with quiet enjoyment of the Property, however, Long Lane failed to do so when a series of robberies took place on the Property. As a result of these robberies along with Long Lane's failure to provide RJH with quiet enjoyment of the Property, RJH was forced to change the locks to the Property. 38. Long Lane's claims are barred by the doctrine of waiver. 39. Long Lane's claims are barred by the doctrine of estoppel. 40. Long Lane's claims are barred by the doctrine of laches. 41. Long Lane's claims are barred by the doctrine of unclean hands. COUNTERCLAIMS BREACH OF CONTRACT (COUNT Il 42. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 43. The Term of the Lease was from April 1, 2006 through March 31, 2007. (Lease § 1.2). 44. Pursuant to the terms of the Lease, RJH was entitled to peaceable and quiet enjoyment of the Leased Property for the term without interruption by Long Lane or any person or persons. (Lease §6.5.) -16- 45. On or about March 30, 2007, prior to the March 31, 2007 termination date of the Lease, Long Lane changed the locks to the Property, thus excluding RJH from the Property. 46. As a result, RJH was unable to remove certain items from the Property, specifically including the security cameras referenced in Long Lane's Complaint. 47. Long Lane materially breached the terms of the lease by wrongfully excluding RJH from the Property during the terms of the Lease. 48. The cameras are being wrongfully held by Long Lane. 49. The cameras are estimated to be worth $10,000.00. 50. Long Lane further materially breached the Lease by failing to provide RJH with quiet enjoyment of the Property when a series of robberies took place on the Property. 51. As a result of these robberies, RJH was forced to change the locks to the Property. 52. RJH paid a five thousand sixty six dollar and sixty seven cent ($5,066.67) security deposit at the commencement of the Lease, which was never returned to RJH upon termination of the Lease. 53. RJH is entitled to reimbursement of the $5,066.67 security deposit now that the Lease has terminated. WHEREFORE, Defendant RJH Realty, LLC operating as RJH Express, Inc. respectfully requests that a judgment be entered in its favor and against Plaintiff, Long Lane Real Estate Enterprises, LP in an amount in excess of $15,000, plus attorney's fees, interest and costs. -17- UNJUST ENRICHMENT (COUNT II) 54. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 55. RJH conferred a benefit upon Long Lane by installing a security system on the Property at RJH's cost. 56. Because Long Lane wrongfully excluded RJH from the Property by changing the locks prior to the termination of the Lease term, RJH was unable to remove the cameras from the Property. 57. The cameras are being wrongfully and unjustifiably being held by Long Lane. 58. The cameras are estimated to be worth $10,000.00. WHEREFORE, Defendant RJH Realty, LLC operating as RJH Express, Inc. respectfully requests that a judgment be entered in its favor and against Plaintiff, Long Lane Real Estate Enterprises, LP in an amount in excess of $15,000, plus attorney's fees, interest and costs. WRONGFUL EVICTION (COUNT III) 59. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 60. The Term of the Lease was from April 1, 2006 through March 31, 2007. (Lease § 1.2). -18- 61. Pursuant to the terms of the Lease, RJH was entitled to peaceable and quiet enjoyment of the Leased Property for the term without interruption by Long Lane or any person or persons. (Lease §6.5.) 62. On or about March 30, 2007, prior to the March 31, 2007 termination date of the Lease, Long Lane changed the locks to the Property, thus excluding RJH from the Property. 63. Long Lane's actions of changing the locks prior to the termination of the Lease without a justifiable reason, constitute wrongful eviction of RJH from the Property. 64. As a result of the wrongful eviction, RJH was unable to remove certain items from the property, specifically including the security cameras referenced in Long Lane's Complaint. 65. Long Lane materially breached the terms of the Lease by wrongfully excluding RJH from the Property during the terms of the Lease. 66. The cameras are wrongfully being held by Long Lane. 67. The cameras are estimated to be worth approximately $10,000.00. WHEREFORE, Defendant RJH Realty, LLC operating as RJH Express, Inc. respectfully requests that a judgment be entered in its favor and against Plaintiff, Long Lane Real Estate Enterprises, LP in an amount in excess of $15,000, plus attorney's fees, interest and costs. -19- Respectfully submitted, BROADS & S ON LLP By: ry .I acone One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for RJHRealty, LLC operating as RJH Express, Inc. -20- VERIFICATION Robert J. F~aydak, deposes and says, subject to the penalties of 18 Pa. C_S. §490 relating to unsworn falsifications to authorities, that he makes this verification by its authority and that the facts set forrlrin the Answer with New Matter and Courlterclaitns are true and correct to the best of his knowl$dge, information and belief. 0 bate RoberE J. Hay k 7955-1-2/I.ease/f~Rlcrm 4/12/06 2:47 PM LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease") is made and entered into as of the ~~ day of April, 2006, by and between LONG LANE REAL ESTATE ENTERPRISES, LP, a Pennsylvania limited partnership ("Landlord"), and RJH REALTY, LCC operating as RJH EXPRESS, INC., a New Jersey Corporation ("Tenant"), who agree as follows: ARTICLE I Premises. Term and Rental Section 1.1. Leased Premises. Subject to and in consideration of the rents, terms, covenants, and conditions of this Lease, Landlord hereby leases, demises, and lets to Tenant, and Tenant hereby rents and leases from Landlord, a portion. of the premises generally known as 10 Long Lane, Mechanicsburg, Pennsylvania, consisting of all improvements, structures, and fixtures now or hereafter located on the Land containing approximately Sixteen Thousand (16,000) square feet of the building, located in Suites 100 and 101 (the "Leased Premises"). Section 1.2. Term. This Lease shall be and continue in full force and effect for a term commencing on the 1~` of April, 2006 ("Commencement Date"}, and continuing until March 31, 2007 (the "Term"). The parties intend the obligations of Tenant and Landlord hereunder to be separate and independent covenants and agreements and shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision oil this Lease. Section 1.3. Rental (a) MontWy Rental Payment. As rental for the use and occupancy of the Leased Premises during the Term, Tenant shall pay to Landlord commencing on the Commencement Date, a sum equal to the Monthly Rental. Payment. The Monthly Rental Payment shall be payable on the first (1st) day of each subsequent calendar month, without demand, in lawful money of the United States of America at Landlord's address (or elsewhere, as designated by Landlord). The Monthly Rental Payment for the first year of the Term shall be Five Thousand Two Hundred Sixty Six and 67/100 ($5,266.67) Dollars (the "Base Rent"). Any rental payment not received within five (5) days of its due date shall be subject to a late charge of Three (3%) percent. (b) Security Deposit Upon the execution hereof, Tenant shall deposit with Landlord the sum of One Thousand Sixty Six and 67/100 ($1,066.67) Dollars as an additional security deposit for Tenant's faithful performance of its obligation under this Lease. The security deposit shall not be used for the last month's rent, but may be applied by Landlord for non-payment of rent or any other charge, cost or expense of Landlord in the event of Tenant's default. ARTICLE II Utilities/Eapenses In addition to Base Rent, Tenant agrees to pay as additional rent common area maintenance charges estimated for the first year in the amount of Twelve Thousand ($12,000.00) payable in monthly installments of One Thousand ($1,000.00) dollars. The common area maintenance charge includes water/sewer, real estate taxes, building insurance, HVAC repair, snow removal, lawn maintenance, parking lot maintenance and a three (3%) percent management fee (the "Additional Rent"). Said rental (including Base Rent and Additional Rent) shall be paid to Landlord in lawful money of the United States of America, which shall be legal tender at the time of payment, at the office of Landlord or to such other person or at such other place as 2 Landlord may from time to time designate in writing. Any common area maintenance payment not received within five (5) days of its due date shall be subject to a late charge of (5%) percent. At the end of each year, Landlord shall determine the actual common area maintenance charges and compute the amount actually owed by Tenant based on Tenant's percentage of leased space to the entire building which is Fifty (50%) percent. Tenant shall receive an invoice indicating the charges. If Tenant has paid more than required, Tenant shall receive a credit toward the next year's common area maintenance charge or such amount will be refunded to Tenant if leased is not renewed. If Tenant owes additional amounts, Tenant shall pay such amount within fifteen (15) days of receipt of the invoice. Prior to Landlord billing for any charges for trash pickup, Tenant shall be notified by Landlord in writing. Tenant is responsible for, and shall promptly pay the charges for use or consumption of electricity, heat, air conditioning, water, trash removal and janitorial services to the Leased Premises. A charge of $30 per hour will be levied for pickup of trash generated by the Tenant in the parking lot, grass areas and neighboring yards. Invoices for pickup of trash will be due within 15 days of invoice. Trash that is picked up shall be disposed of by Tenant. Any utility or trash pickup payment not received within seven (7) days of its due date shall be subject to a late charge of Three (3%) percent ARTICLE III Condition and Use of Leased Premises Section 3.1. Acceptance. Tenant has inspected and is familiar with all of the Leased Premises, including all Improvements, and accepts the Leased Premises in its present condition, "WHERE IS, AS IS, AND WITH ALL FAULTS." LANDLORD HEREBY DISCLAIMS ANY EXPRESS OR 1MPLIED W S, INCLUDING, WITHOUT LIlVIITATION, W OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Tenant releases Landlord from any and all claims and liabilities that might at any time be asserted in connection with or by reason of the condition of, or any other matters relating to, the Leased Premises. Secfion 3.2. Use. Subject to the terms and conditions of this Lease, the Leased Prenuses are to be used and occupied by Tenant as an office and warehouse and any incidental uses necessary thereto and for no other purpose, except as agreed upon in writing by Landlord. Section 3.3. Compliance with Laws; Licensure. Tenant shall comply with all laws, ordinances, orders, rules and regulations promulgated by all federal, state, county, municipal and other governmental or quasi-governmental bodies and agencies having jurisdiction and related to the business of Tenant or the use, condition, structure, or occupancy of the Leased Premises. Tenant will maintain at Tenant's expense all necessary licenses, permits, approvals and consents required by law in order for Tenant to conduct its business as presently conducted. Section 3.4. Dangerous Goods and Activities. Tenant shall not use, occupy or pernut the use or occupancy of the Leased Premises, or store or permit upon the Leased Premises any goods or equipment that would render any fire and extended coverage insurance void or which would increase the premiums of such insurance. Section 3.5. Environmental Comuliance. {a) Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Substances, as hereinafter defined, on, in or under the Leased Premises. Tenant shall not allow the storage or use of such substances in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances, nor allow to be brought onto the Leased Premises any such substances except to use in the ordinary 4 course of Tenant's business, and then only after written notice is given to Landlord of (1) the identity of such substances, and (2) the method for preventing the escape of any such substances, and Landlord`s prior written approval is granted. Tenant covenants and agrees that the Leased Premises will, at all times during its use or occupancy thereof, be kept and maintained so as to comply with all now existing or hereafter enacted or issued statutes, laws, rules, ordinances, orders, permits and regulations of all state, federal, local, and other governmental and regulatory authorities, agencies and bodies applicable to the Leased Premises, pertaining to environmental matters, or regulating, prohibiting or otherwise having to do with Hazardous Substances and all other toxic, or hazardous wastes (collectively called "Environmental Laws'. Tenant shall execute a$davits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief without limiting any of the obligations of Tenant under the provisions set forth in this Lease. Tenant agrees to clean up all spills and discharges of Hazardous Substances on the Leased Premises in a manner which shall comply with all applicable environmental laws. Tenant shall notify Landlord in writing of all such incidents. (b) Tenant shall immediately deliver to Landlord a copy of any summons, citation, directive, notice, complaint, letter or other communication from any federal, state or local environmental agency, concerning any alleged violations of any environmental laws or regulations on the Leased Premises, or concerning any investigation or request for information relating to the use, generation, handling, treatment, storage or disposal of Hazardous Substances in connection with the Premises. (c) Upon request, Tenant shall cooperate in obtaining evidence of compliance with any environmental law, regulation, order of any governmental authority, which cooperation may include, without limitation, providing affidavits, reports or responses to questions. Tenant shall 5 provide access to the Leased Premises, upon request, for inspections and testing of the Leased Premises rega~ding the presence of Hazardous Substances. (d) Landlord and its engineers, technicians, and consultants (collectively the "Auditors") may, from time to time as Landlord deems appropriate, conduct periodic tests and examinations ("Audits") of the Leased Premises to confirm and monitor Tenant's compliance with the Lease. Such Audits shall be conducted at mutually agreeable times and in such a manner as to minimize the interference with Tenant's permitted activities on the Leased Premises; however, in all cases, the Audits shall be of such nature and scope as shall be reasonably required by then existing technology to confirm Tenants compliance with this Lease. Tenant shall fully cooperate with Landlord and its Auditors in the conduct of such Audits. (e) Tenant shall indemnify, defend and hold Landlord, its partners, affiliates, pazents, officers, directors and employees (collectively, the "Indemnitees"), free, harmless and indemnified from any expenses, penalties, fines, claims, demands, liabilities, costs, personal injuries, property damage, actions and causes of action, suits, debts, judgments, demands or chazges whatsoever which the Indemnitees shall or may incur, or which any such party would otherwise incur, by reason of Tenant's failure to comply with this Lease including, but not limited to: (i) the cost of bringing the Leased Premises into compliance with all laws; (ii) the reasonable cost of all appropriate tests and examinations of the Leased Premises to confirm that the Leased Premises has been brought into compliance with all laws; and (iii) the reasonable fees and expenses of the Indemnitees' attorneys, engineers, and consultants incurred by the Indemnitees in enforcing and confirming compliance with this Lease. (f) The covenants contained in this Article shall survive the expiration or termination of this Lease, and shall continue for so long as Landlord and its successors and assigns, and the 6 w ', Indemnitees, may be subject to any expenses, obligations, penalties, fines, claims, demands, liabilities, costs, personal injuries, property damage, actions and causes of action, suits, debts, judgments, demands or charges whatsoever against which Tenant has agreed to indemnity the Indemnitees under this Lease. (g) For purposes hereof, Hazardous Substances shall mean (i) any "Hazardous Substance", "PoIlutant" or "Contamin rt" (as defined in Section 101(14) and (33) of the Comprehensive Environmental Response and Compensation and Liability Act ("CERCLA"), 42 U.S.C.A. Section 9601(14) and (33)) or 40 C.F.R Part 302; (ii) any hazardous substance, hazardous waste, solid waste or medical waste, as those terms are defined in applicable state or local law and/or regulations; (iii) any substances containing petroleum as that term is defined in Section 9001(8) of the Resource Conservation and Recovery Act, as amended, 42 U.S.C.A. Section 6991 (8) or 40 C.F.R 280.1; and/or (iv) any other substance for which any governmental entity requires special handling in its collection, storage, treatment or disposal. Section 3.6. Nuisance. Tenant shall not commit, or suffer to be committed, upon the Leased Premises any nuisance or thing that disturbs the quiet enjoyment of Landlord or any other person or business located within a reasonable distance from the Leased Premises. Section 3.7. Indemnification. Tenant shall indemnify and save Landlord harmless from and against (i) any and all costs, liability or expense arising out of the claim of any person or persons on account of any occurrence in, on or at the Leased Premises, resulting from the occupancy or use thereof by Tenant, or by any person or persons holding under Tenant (including, without limitation, Tenant's customers, invitees, agents, contractors, employees, subtenants or assignees); (ii) any penalty, damage or charge incurred or imposed by reason of any violation of law or ordinance by Tenant or any person or persons holding under Tenant; or 7 ~ ' (iii) any and alt reasonable costs, liabilities or reasonable expenses, including attorney's fees, arising out of the claim of Tenant or any person or persons holding under Tenant on account of any occurrence in, on or at the Leased Premises Section 3.8. Surrender. Upon the Termination Date, Tenant shall peaceably surrender possession of the Leased Premises to Landlord in a condition and repair similar to the condition and repair of the Leased Premises on the Commencement Date, reasonable wear and tear and damage by casualty excepted. ARTICLE IV Condemnation and Destruction Section 4.1. Condemnation. If; during the term of this Lease or any extension or renewal thereof, the entire Leased Premises or any portion thereof shall be taken in or by condemnation proceedings for any public or quasi-public use under any governmental law, ordinance or regulation or by right of eminent domain or should be sold to the condemning authority under threat of condemnation, and such taking is sufficient in Landlord's opinion to render the remaining portion of the Leased Premises unsuitable for use as contemplated by this Lease, at Landlord's option this Lease shall terminate as of the date of the taking or conveyance and all rents reserved hereunder shall abate as of the date of termination. If a lesser portion of the Leased Premises than that specified above shall be taken by condemnation or other proceeding pursuant to any governmental law, ordinance or regulation, or if the use or occupancy of the Leased Premises or any part thereof shall be temporarily requisitioned by any governmental authority, civil or military, this Lease shall continue in full force and effect. Landlord shall receive the entire award from any such taking, and Tenant shall have no claim thereto or for the value of any unexpired term of this Lease. 8 Section 4.2. Destruction. Tenant shall immediately notify Landlord of any fire or other casualty on or in the Leased Premises. In case of a loss, Landlord shall receive and retain all of the proceeds of insurance policies, if any. In the event that the Leased Premises are damaged by fire or other peril, Landlord may, at its option, elect to repair the damage or terminate this Lease. Landlord shall give notice of its election to Tenant within sixty (60) days after the damage occurs. In the event Landlord elects to terminate this Lease, then Tenant shall pay all Monthly Rental Payments and other sums due under this Lease as of the date of termination and thereupon this Lease shall cease and come to an end. In the event that Landlord elects to repair the damage to the Leased Premises, then this Lease shall remain in full force and effect. ARTICLE V Default and Remedies Section 5.1. Events of Default. The occurrence of one or more of the following events shall, after written notice from Landlord, constitute a default under this Lease ("Events of Default"): (i) the failure of Tenant to pay Landlord any Monthly Rent Payment or any other monetary charge due from Tenant hereunder within ten (10) business days after such payment is due, (ii) the failure of Tenant to comply with or to observe any term, covenant, or condition of this Lease performable by and obligatory upon Tenant, excluding the rent provisions hereof, within thirty (30) business days after written notice by Landlord, (iii) the failure of Tenant to comply with or to observe any term, covenant or condition of any other contract or agreement between Tenant and Landlord, (iv) the judicial declaration of Tenant as bankrupt or insolvent according to law, or an assignment of a substantial part of Tenant's properly for the benefit of creditors, (v) the appointment of a receiver, guardian, conservator, trustee in voluntary bankruptcy, or similar officer by a court of competent jurisdiction to take charge of a substantial 9 part of Tenant's properly, or (vi) the filing of a petition for involuntary or voluntary reorganization or arrangement of Tenant pursuant to any provision of applicable Bankruptcy Iaws. Section 5.2. Landlord's Remedies. Upon the occurrence of any event of default by Tenant under this Lease, Landlord shall have the option of (i) terminating this Lease by written notice hereof to Tenant, (ii) curing the default of Tenant; (iii) enforcing the provisions of any other contract or agreement between Landlord and Tenant; or (iv) pursuing any other remedies to which Landlord may be entitled by contract or under law. If Landlord elects to terminate this Lease upon written notice to Tenant, this Lease shall be ended as to Tenant and all of Tenant's rights shall be forfeited and lapsed, as fully as if this Lease had expired by lapse of time upon the scheduled Termination Date. In such event, Tenant shall be required immediately to vacate the Leased Premises, and Landlord shall at once have all the rights of re-entry upon the Leased Premises, without becoming liable for damages or being guilty of trespass. Upon such termination, the following sums shall be immediately recoverable by Landlord from Tenant: (a) Landlord's cost of recovering possession of the Leased Premises, including reasonable attorneys' fees; (b) the reasonable cost of repairing the Leased Premises to good condition, normal wear and tear and damage by casualty excepted; and (c) all accrued, deferred and unpaid sums, including but not limited to Monthly Rent Payments. (d) If Tenant shall default in the payment of the rent herein reserved or in the payment of any other sums due hereunder by Tenant, Tenant hereby authorizes and empowers 10 any Prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be brought for said rent and/or said other sums and/or to sign for Tenant an agreement for entering in any competent court an amicable action or actions for the recovery of said rental and/or other sums; and, in said suits or in said amicable action or actions, to confess judgment against Tenant for all or any part of said rental and/or said other sums, including, but not limited to the amounts due from Tenant to Landlord, and for interest and costs, together with any attorney's commission for collection of ten (10%) percent. Such authority shall not be exhausted by one exercise thereof, but judgmentmay be confessed as.aforesaid from time to time as often as any of said rental and/or other sums shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the initial term of this Lease and/or during any extended or renewal term of this Lease and/or after the expiration of any extended or renewal term of this Lease. (e) When this Lease and the term or any extension or renewal thereof shall have been terminated on account of any default by Tenant hereunder and also when the term hereby created or any extension or renewal thereof shall have expired, it shall be lawful for any attorney of any court of record to appear as attorney for Tenant, as well as for all persons claiming by, through or under Tenant, and to sign an agreement for entering in any competent court an amicable action in ejectment against Tenant and all persons claiming by, through or under Tenant and therein confess judgment for recovery by Landlord of possession of the Premises, for which this Lease shall be sufficient warrant; thereupon, if Landlord so desires, an appropriate writ of possession may issue forthwith without any prior writ or proceeding whatsoever, and provided tha#, if for any reason after such action shall have been commenced, it shall be determined that possession of the Demised Premises remain in or be restored to Tenant, Landlord shall have the right for the 11 same default and upon any subsequent default or defaults, or upon the termination of this Lease or Tenant's right of possession as hereinbefore set forth, to bring one or more further amicable action or actions as hereinbefore set forth to recover possession of the Demised Premises and confess judgment for the recovery of possession of the Demised Premises as hereinbefore provided. Section 5.3. Attorneys' Fees. If either party hereto defaults in the performance of any of the terms, covenants, or conditions of this Lease and the other party hereto places the enforcement of this Lease, or any part thereof, or the collection of any rent or charge due, or to become due, or the recovery of the possession of the Leased Premises, in the hands of attorneys, and files suit upon the same, the party in default shall pay the reasonable attorneys' fees of the nondefaulting parry, equal to five percent (5%) of the amount collected or $1,000.00, whichever is greater. Section 5.4, Cumniative. The rights and remedies liereinabove provided Landlord in the event of any default by Tenant, or in the event of any act, omission, or set of circumstances constituting default hereunder, shall be cumulative and not exclusive, one of the other, and each of said rights and remedies shall be cumulative of and without prejudice to the rights, remedies and causes of action provided Landlord by law or equity, present or future. The election by Landlord of any specific remedy shall not constitute a waiver by Landlord of any of its other remedies. Section 5S. Waiver. Failure by Landlord to complain of any action or non-action on the part of Tenant, or to declare any default immediately upon the occurrence thereof, no matter how long the same may continue, shall never be deemed to be a waiver by Landlord of its rights hereunder. Landlord may make any such complaint, declare any such default, and take such 12 . ~ action as may be authorized by this Lease at any time, and from time to time. Further, no waiver at any time of any of the terms, provisions, or conditions hereof by Landlord shall be construed as a waiver of any of the other provisions hereof, and a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provision. The subsequent approval by Landlord to or of any action by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or of any subsequent similaz act by Tenant. ARTICLE VI Assignment and Subordination Section 6.1. Assignment and Subletting. Tenant covenants and agrees not to assign this Lease or sublet the Leased Premises or any portion thereof, without the prior written consent of Landlord, and any attempted assignment or subletting without any such consent, whether express or by operation of law, shall be ineffective and void for all purposes. Section 6.2. Subordination. This Lease is expressly subject, subordinate and inferior to matters presently or hereafter affecting the Leased Premises, and to any mortgage, deed of trust, security agreement or other lien or encumbrance whatever resulting from any method of financing or refinancing, presently or henceforth placed upon the Leased Premises by Landlord, and to all advances of money or other value heretofore or hereafter made upon the security thereof. Section 6.3. Transfer by Landlord. Landlord shall have the right, after ten (10) business days' written notice to Tenant, to transfer and assign, in whole or in part, this Lease and/or all of its rights and obligations hereunder in the Leased Premises. In addition, and without limiting the foregoing, Tenant acknowledges Landlord's right to transfer or assign its rights in the Leased 13 } Premises to a third party and to lease such Leased Premises from such transferee. In such event, the interest of Tenant hereunder shall be as asub-Tenant. In either such event and upon the transferee's assumption of Landlord's obligations hereunder, no further liability or obligation shall thereafter accrue against Landlord hereunder. In addition to the foregoing, Tenant expressly authorizes and consents to the transfer by Landlord of the Leased Premises or a portion thereof to a third party, and the lease by the Landlord from such transferee of the Leased Premises so transferred. In such event, Tenant agrees to enter into a sublease of the Leased Premises from Landlord on the same terms and conditions as are contained herein. Tenant agrees to look solely to Landlord's interest in the Leased Premises for the recovery of any judgment against Landlord, it being agreed that Landlord, and its successors and assigns, shall never be personally liable for any such judgment. Section 6.4. Alterations. Tenant covenants and agrees not to permit any alterations or physical additions in or to the Leased Premises without first obtaining the written consent of Landlord. Upon the termination of this Lease by lapse of time or otherwise, all such alterations, physical additions or improvements, and/or fixtures furnished and installed by Tenant, shall, at Landlord's option, become the property of Landlord; or in the alternative, Landlord may require Tenant to remove such property promptly upon the termination of this Lease and repair any damage to the Leased Premises caused thereby and Tenant's obligation to so repair shall expressly survive the termination of this Lease. Section 6S. Quiet En~oyment. Landlord covenants and agrees, subject to the other terms hereof, that so long as Tenant shall pay all monthly Rental Payments and any other sums herein provided, and shall observe and perform all of the covenants on Tenant's part to be 14 . + observed and performed hereunder, then Tenant shall peaceably and quietly hold and enjoy the Leased Premises for the Term without interruption by Landlord or any person or persons. Sech_on 6.6. Enti .Tenant covenants and agrees to permit Landlord, its agents and representatives, the right of entry into and upon any part of the Leased Premises at all reasonable hours to inspect same, make repairs, alterations or additions thereto, or to conduct any tests or investigations, as Landlord may deem necessary or desirable and Tenant shall not be entitled to any abatement or reduction of rent by reason of such entry. Section 6.7 . Reuairs. Tenant shall be solely responsible for payment of any repairs required in the Leased Premises. Tenant shall contact Landlord, and Landlord will to arrange and contract for all repairs, and will invoice tenant for such repairs. ARTICLE VII Miscellaneous Section 7.1. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the heirs and assigns of Landlord, and shall be binding upon and inure to the benefit of Tenant and its successors, legal representatives, and to the extent an assignment may be approved by Landlord hereunder, Tenant's assigns. Section 7.2. Certifications. Landlord and Tenant shall, at any time and from time to time _~- during the Term upon not less than ten (10) days prior written request therefor from the other said party, execute, acknowledge and deliver unto the requesting party a statement or statements in writing, certifying (if such be true) that this Lease is unmodified and in good standing (or if modified, then in good standing as modified, stating the modification), and the date or dates, if any, to which monthly Rental Payments or other sums hereunder, if any, have been paid in advance, it being the intention of the parties hereto that any such statement may be relied upon 15 by any prospective purchaser, mortgagee or assignee of any mortgagee of the Leased Premises, or any part thereof. Section 7.3. Memorandum of Lease. At the request of Landlord and at its expense, Tenant shall enter into, execute, and acknowledge a Memorandum of Lease for recording purposes with the understanding, however, that the provisions of this Lease alone set forth the entire agreement of the parties. Without the prior written consent of Landlord, Tenant shall not record a memorandum or other instrument with respect to this Lease. Section 7.4. Entire Agreement This Lease, together with the Exhibits aforesaid, contains and sets forth the entire agreement and understanding between the parties hereto concerning the Leased Premises, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between said parties other than as herein expressly referenced or set forth herein. No subsequent alteration, amendment, change or addition to this Lease shall be binding upon either party hereto, unless reduced to writing and signed by both Landlord and Tenant. Section 7.5. No Partnershiu. Landlord does not, by virtue of this Lease, become a partner of Tenant, or a joint venturer or a member of a joint enterprise with Tenant, in the conduct of Tenant's business, or any owner of Tenant's business. The execution, delivery and performance of this Lease is not intended to and does not constitute an ownership interest in the Tenant by the Landlord. Section 7.6. Cautions. The captions, paragraph numbers and article numbers appearing in this lease are inserted only as a matter of convenience and in no wise define, limit, construe or describe the scope or intent of such paragraphs or articles, nor in anywise affect this Lease. 16 Section 7.7. Severability. If any provision, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such provision, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each provision, covenant or condition of this Lease shall be valid and shall be enforced to the fullest extent permitted by law. Sect~on 7..8. Remedies. The Landlord and Tenant agree that damages for the breach of the agreements set forth in this Lease may be inadequate and that the Landlord and Tenant shall be entitled to specific performance, injunctive relief, or both, in addition to any other legal or equitable remedies to which they may be entitled in case of failure of the other to comply with the provisions hereof. Section 79, Survival. Any representation, warranty, covenant or agreement contained herein which contemplates performance after the expiration or termination of this Lease shall be deemed to survive such expiration or termination. Section 7.10. Counterparts. This Lease may be executed in two or more counterparts and all such counterparts shall be deemed to constitute one and the same instrument. Section 7.11. No Waiver. No failure or delay on the part of any party hereto in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise of any other right or power. 17 ~----tZ, "~~ ~~ Frank M. Ga11o LANDLORD: Long Lane Real Esta nterprises, >~P by its ge eral pa e , izJac Co. By: 1'-~~ D .Pie o ,President TENANT: RJH REALTY, LLC operating as RJH EXP S , C ~~ By. C' ~~- Name: Robert J. Hay ak Jr. Title: 18 ATTEST: _X~Qr@SS /nc DELIVERIES • WAREHOUSING • DiSTP.ISUTION May 30, 2.006 Long Lane Real Estate, inc. Jeffrey Pierson P.O. Box 245 New Kingstown, PA 174?2 Re: Letter Sent Concemin~ Trash Removal I}ear Jeff c~~ ~\~~99,,~a~ ~yrM1~4o~P ~' In response to your letter and act~rding to the terms as set forth in our lea.:ce, the statements you made in the letter sent to RJH Express is completely inaccurate. There is NOT a trash problem being created by RJH employees. RJH has assigned and scheduled an employee to walk the grounds of our yard space daily to pick up any trash that may have inadvertently blown out of our loading dock area. In no way are any RJH employees watching trash from our area blow away into other areas. In fact, several of our employees have watched this occur when other tenants and yourself have trashed picked up. If I'm not mistaking, you have trash pickup at your area as well. It is pretty common that when compactors are discotu-ected, trash will escape anal potentially blow away. This is not just an RJH occurrence; I believe all tenants experience this. I have advised my operations manager to have an employee available on trash pickup days to watch for an}~ debris that may escape az-d blow across the yard. I ask that you do the same. RJH has several visits monthly from clients across the country. Please make certain that your employees and other tenants don't allow their trash to blow into our azeas. Also, don't assume that RJH is responsible for any trash that is in the yard. Additiona]ly, I had the opportunity to visit the Long Lane site Last week and noticed that the flower beds and lawn area were overgrown and not keep up to the agreements set forth in our lease. Please make certain that our leased space is being kept up to standards. 2631 INDUSTRIAL WAY • VINELAND, NJ 08340 • (85S) 794-1 155 • (800) 704-0032 • FAX (85b) 794-1171 10 LOhlG LANE • MECWANICSBURG, PA 17050 • (717) 591-3400 • FAX (717) 541-3401 ~ ,+ This letter serves as notice that RJH will NOT pay for any trash pickups that are not bided by you. Please simply walk into our office and ask thai. an R.1H employee walls outside and pick it up. Sincerely, ~~' ~~~ Robert J. Haydak Jr. President "~ ~x ~~ ~ ~~ ";~ 0 `. 1-~, 'a '~ ;~ ', ~~ ~ ~~~ x ~,~ y~S w t C ~ ' J~~~. t t 4g4g 3 k ~ ,~5 C f ,. ~`~ ,~ ~; ~ ~ v ~ ~ ~,~ ~ ,<< ~ ~ ~ ~ ~~t .:. ;~ _ 3~:~ ` # r~ , ~ rt __ ~. : _ ~, ~ ~ ~ ~ _ ' ;. ~.,~ ~ -~ ~ ~ ,~ ~, ~~ ~ ~ t ' ~i ~~~~~ ~ ,. }~{~~ ~' ~~~ _ i~ F 7~ f A'` ~~ r ~ t:~" t ` ~_ - ~ t ar~ ter ' _ a i ~ a _ ., _ s ,. y _ f '-i-rat P; e J~.Nk z, t ~ 1 ~ .. _~~ , tir r. ~ ... - : Y~ # ~} ~t f y ~ _ i ...,. ... t ...... ti ~ .:. ~ r _... ~: w.. .~. _nw.n. .T ^_. ~ ~ . S rt.f .: ~ . ~~ av . . ? f 4 ° E __ , p _ ~ ~ t ~i3r~'g t S . a r a~ - 1 - _ ., .. r e ~, r~+1 ~.i ,..- ~~~ tip.,. ; I ~ ~ p~ -. < k~ ~ 3 ~: ~~ 7. i ~ s ii ~ -fr~'~ ' C + r~k.; > ' . ; ; . _ .. _._ , r. t* ''it ,..~ ~ ,. 4 =.h.. r:u~:~ ~} d r r- CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of August, 2007, a true and correct copy of the foregoing Answer with New Matter and Counterclaims was served by means of United States mail, first class, postage prepaid, and Email upon the following: Peter M. Good, Esq. SMIGEL, ANDERSON & SACKS LLP River Chase Office Center, 3ra Floor 4431 North Front Street Harrisburg, PA 17110-1778 pgood@sasllp.com Attorneys for Long Lane Real Estate Enterprises, LP ^`` J ~~AA^ ~. ~li .,i { T~ ~Y1~Y`Ilf +~ ~ .~ E~td E- ~?~~ COi~l I1W~~~.il Y'4~i ~~.\/~.IIJ .J~ JO SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717)234-2401 LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff, Peter M. Good, Esquire pgood(a~sasllp.com Darryl J. Liguori, Esquire dli ug ori(a~sasllp.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2007-4009 v. RJH REALTY, LLC operating as RJH Express, Inc., Defendant. CIVIL ACTION PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND COUNTERCLAIMS AND NOW COMES, Plaintiff Long Lane Real Estate Enterprises, LP, by and through its attorneys, Smigel, Anderson & Sacks, LLP, to file the following Answer to Defendant's New Matter and Counterclaims and avers in support as follows: NEW MATTER 34. This is an incorporation paragraph to which no responsive pleading is required. 35. Denied. To the contrary, the locks were changed on April 2, 2007, after the Defendants vacated the premises. 36. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 37. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 38. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 39. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 40. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 41. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. COUNTERCLAIMS BREACH OF CONTRACT (COUNT I) 42. This is an incorporation paragraph to which no responsive pleading is required. 43. Denied. The document Defendant references is a writing which speaks for itself, and therefore Defendant's summaries, conclusions, or characterizations made regarding that writing are specifically denied. 44. Denied. The document Defendant references is a writing which speaks for itself, and therefore Defendant's summaries, conclusions, or characterizations made regarding that writing are specifically denied. 2 45. Denied. To the contrary, the locks were changed on April 2, 2007, after the Defendants vacated the property. (A true and correct copy of the Locksmith's receipt is attached hereto as Exhibit A) 46. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 47. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 48. Denied. The cameras were abandoned by the Defendants when they vacated the Leased Premises. By way of further answer the cameras were attached to the Leased Premises thus becoming the property of the Plaintiff. 49. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 50. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 51. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 52. Admitted with clarification. It is admitted that Defendants tendered a security deposit at the commencement of the Lease. However, Defendants did not pay the last month's 3 rent due under the Lease, in the same amount as the security deposit, and therefore forfeited their security deposit. 53. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. WHEREFORE, Plaintiff Long Lane Real Estate Enterprises, LP respectfully requests that this Honorable Court deny Defendant's counterclaim and enter judgment against Defendant RJH Realty, LLC in an amount in excess of $25,000 together with lawful interest thereon, costs of suit and any other relief that court may deem necessary or appropriate. UNJUST ENRICHMENT (COUNT II) 54. This is an incorporation paragraph to which no responsive pleading is required. 55. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 56. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 57. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 58. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 4 WHEREFORE, Plaintiff Long Lane Real Estate Enterprises, LP respectfully requests that this Honorable Court deny Defendant's counterclaim and enter judgment against Defendant RJH Realty, LLC in an amount in excess of $25,000 together with lawful interest thereon, costs of suit and any other relief that court may deem necessary or appropriate. WRONGFUL EVICTION (COUNT III) 59. This is an incorporation paragraph to which no responsive pleading is required. 60. Denied. The document Defendant references is a writing which speaks for itself, and therefore Defendant's summaries, conclusions, or characterizations made regarding that writing are specifically denied. 61. Denied. The document Defendant references is a writing which speaks for itself, and therefore Defendant's summaries, conclusions, or characterizations made regarding that writing are specifically denied. 62. Denied. To the contrary, the locks were changed on April 2, 2007, after the Defendants vacated the property. (A true and correct copy of the Locksmith's receipt is attached hereto as Exhibit A) 63. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 64. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 5 65. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 66. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 67. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. WHEREFORE, Plaintiff Long Lane Real Estate Enterprises, LP respectfully requests that this Honorable Court deny Defendant's counterclaim and enter judgment against Defendant RJH Realty, LLC in an amount in excess of $25,000 together with lawful interest thereon, costs of suit and any other relief that court may deem necessary or appropriate. Date: ~ ~ 7 /v ~ By: 6 Respectfully submitted, SMIGEL, ANDERSO & SACKS, L.L.P. ~- I _' ' ~K.~ Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs VERIFICATION I, Debra A. Pierson, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. Date: R ~ ~ ~ ~- ~ ~' ~ ~_,, De ra A. Pierson, President E-\ Duty's Lock, SafeSecurity, Inc. 4301 Carlisle Pike Camp Hill, PA 17011 717-761-6337 EIN#20-0046383 BILL TO Pierson Consulting P.O. Box 206 New Kingston, PA 17072 Invoice DATE INVOICE # 4/11/2007 W59691 P,O. NO. TERMS REP Net 30 RG QUANT.., DESCRIPTION RATE AMOUNT Work Completed o 4-2-07 Service Location: 10 ong Lane Suite 100-102 Q SCI DND Duplicate Keys 1.00 4.OOT Q Ilco 26D SCI Rim Cylinder 11.00 44.00 j Ilco I " 96D Mortise Cylinder 11.00 Il. 00 6 Cylinder Mastered Keyed 7. SO 45.00 Labor-to replace 3 rim cylinders on Yale single point 95.00 95.00 panics, replace l mortise cylinder on AR single, rekey 1 AR single and rekey 1 Yale panic bar. Repaired Suite 102 rear panic door and keyed to existing key. Trip Charge 35.00 35.00 Left keys inside front door of Suite 100 & 101 Sales Tax 6.00% 0.24 Please include all invoice #'s on all correspondence, including payments. Thank you Total $234.24 3 ~,, ~ 9°~•z~ SMIGEL, ANDERSON & SACKS, LLP Peter M. Good, Esquire River Chase Office Center I.D. No. 64316 4431 North Front Street, 3rd Floor Darryl J. Liguori, Esquire Harrisburg, PA 17110-1778 I.D. No. 91715 (717) 234-2401 Attorneys for Plaint LONG LANE REAL ESTATE IN THE COURT OF COMMON PLEAS ENTERPRISES, LP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO.2007-4009 v. CIVIL ACTION RJH REALTY, LLC operating as RJH Express, Inc., Defendant. CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for Plaintiff in the above-captioned matter, hereby certify that I this day served a true and correct copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Cory A. Iannacone, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendant SMIGEL, ANDERSON & SACKS, L.L.P. Date: ~~~ l (G By: Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs ~~ e, -_. -ter ~ ~ ~ ~ n~ ,.~, ; c~ ~--, - : - --, ~ , `: .~ ~~ ~~ rn .;,i e _~ ~+ --< ~ Y ~r LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff, v. RJH REALTY, LLC operating as RJH Express, Inc., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4009 CIVIL ACTION PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Peter M. Good, Esquire, counsel for the Plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $22,753.89. The counterclaim of the Defendant in the action is $15,066.67. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: NONE. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, SMIGEL, ANDE ON & SACKS, L.L.P. Date: 3 (~ ~~ B ~C~~-~-' i ~ y. Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs .- SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717)234-2401 LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff, Peter M. Good, Esquire I.D. No. 64316 Darryl J. Liguori, Esquire I.D. No. 91715 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2007-4009 v. RJH REALTY, LLC operating as RJH Express, Inc., Defendant. CIVIL ACTION CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for Plaintiff in the above-captioned matter, hereby certify that I this day served a true and correct copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Cory A. Iannacone, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendant SMIGEL, ANDERSON & SACKS, L.L.P. Date: 31(s (d~ By: 1 Peter M. Good, E quire ID #64316 Darryl J. Liguori, squire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs e~ ~. '~'' Cr '~ ~ ' _... ~` °r ' _ , ~ O pd 'd a =- ' ~ ~~~ ~- ~ W ~ ~ ~ ~ ~ rv W ~ ,. .. h LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2007-4009 v. RJH REALTY, LLC operating as RJH Express, Inc., Defendant. CNIL ACTION ORDER OF COURT AND NOW, ~~~ ~3 , 2008, in conside ation of the foregoing Petition, G' • • ,Esq., ~ ,Esq., and ~. 1 m- , Esq., are appointed arbitrators in the above-captioned action as prayed for. By the Court: ~ Gv~ p' P.J. Distribution: Peter M. Good, Esquire, Smigel, Anderson & Sacks, LLP, 4431 N. Front Street, 3Ta Floor, Harrisburg, PA 17110, (717) 234-2401 (Attorney for Plaintiff). Cory A. Iannacone, Esquire, Rhoads & Sinon LLP, One South Market Square, P.O. Box 1146, Harrisburg, PA 17108-1146 (Attorney for Defendant). ~~ ~ . ~ ~ ~ , ~ 1 .. '_; ~ _ ...r ~~ . .. ~`- ,~~ ~. a ~e~' 'I~r ~ yarnt ~ ~ 8 Qe P ' 3`' ~~o'F LONG LANE REAL ESTATE ENTERPRISES, LP Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2007-4009 v. RJH REALTY, LLC, operating as RJH EXPRESS. INC. Defendant Civil Action -Law OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ~ ~i-G'Ja ~~i~ %~ Signature gnature Signature C. Roy Weidner, Jr. Lorie A. Taylor Name (Chairman) Name William W. Thompson Name Johnson, Duffie, et al. Law Firm 301 Market Street Address Lemoyne, PA 17043 City, Zip Latsha, Davis, et al. Law Firm Salzmann Hushes P.C. Law Firm 1700 Bent Creek Boulevard 354 Alexander Spring Road Address Address Mechanicsburg, PA 17050 Carlisle PA 17015 City, Zip City, Zip /l~31 //A8~ ~ 0,33 ! We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: June 10, 2008 Date of Award: J~Gt/V C" ~ 'LD ~ ` ~' (Chairman) t` NOTICE OF ENTRY OF AWARD , Now, the ~~~day of ~~~F _ , 2008, at ink , ~.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrat ' compensatio o be paid upon appeal: Prothonotary :335288 $~S'O, c~ Deputy By: r .. .. ~., ~ o ~ ~T.-~ ~j~ ~ c f~ mot, ~ ~ ~ (~'Tl { ,,, ~ ('}~'~ 1 V V ~`'~ ~'~ !n "1 1 `w.[~ r~ S. .* ~- `~ ~ ~ . .-t~ ,,3 . ~ :w, r ~ LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff, v. RJH REALTY, LLC operating as RJH Express, Inc., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4009 CIVIL ACTION PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff Long Lane Real Estate Enterprises, LP and against Defendant RJH Realty, LLC operating as RJH Express, Inc. on the Arbitrators' Award entered 3une 11, 2008 in the amount of $10,000. A true and correct copy of the Arbitrators' Award is attached hereto as Exhibit "A." Date: July 11, 2008 By: Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. Peter M. Good, Esquire I1~ #64316 Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff pt~~' LONG LANE REAL ESTATE ENTERPRISES, LP Plaintiff D In The Court of Common Pleas of 7q~, ~ ~ Cumberland County, Pennsylvania No. 2007-4009 v, C. Roy Weidner, Jr. Lorie A. Taylor Name (Chairman) Name RJH REALTY, LLC, operating as RJH EXPRESS. INC. Defendant Civil Action -Law OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ' ~~-~Q CC~ Signature gnature Signature Johnson, Duffle, et al. Latsha Davis, et al. Law Firm Law Firm 301 Market Street 1700 Bent Creek Boulevard Address Address William W. Thompson Name Salzmann Hughes P.C. _ Law Firm 354 Alexander Sexing Road Address Lemoynes PA 17043 Mechanicsburg, PA 17050 Carlisle PA 17015 _ City, Zip City, Zip City, Zip AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or armed), make the following award: (Note: If damages for delay are awarded, they shall be sepazately stated.) ~a'R PtrE{r~l?(F~' _ /N ~'f~ !4 kDugl~ off' ?~DV , Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: June 10 2008 Date of Award: J GCIVC /OF ZOQS -` v ~ (Chairman) t~ NOTICE OF ENTRY OF AWARD Now, the ~,~~day of ~ ~.u ~F , 2008, at ln•-- ~~~ _, ~.M., the above award was entered upon the docket and notice thereof given by mail to ~~~i 7Y'k~~tto~d,,r fi ~:~;:a..~l~~2L) ,n Tss'~l~~r~~` ;r:r„~~~t, I irer:~ t~tt=:, ~.t,~~y hand Arbitrat ' compensatio o be paid upon appeal: $_ (~,N_ M_ h ~~~ _; ; .,,.4 _. ,•,j~~ ~d. Prothonotary ~~' - :335288 / ~7~fhOnOQStY M . ,~ LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4009 CIVIL ACTION RJH REALTY, LLC operating as RJH Express, Inc., Defendant. CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for Plaintiff in the above-captioned matter, hereby certify that I this day served a true and correct copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Cory A. Iannacone, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendant C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, :PA 17043-0109 Chairman of the Arbitration Panel Lorie A. Taylor, Esquire Latsha, Davis, Yohe & McKenna, P.C. 1700 Bent Creek Blvd., Suite 140 Mechanicsburg, PA 17050 Arbitrator Date: July 11, 2008 William W. Thompson, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Arbitrator SMIGEL, ANDE ON & SACKS, L.L.P. By: Peter M. Good, E uire ID #64316 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff -~ .L ~.. ~,, ~, ro ~ ~ ~ ~ ~ ~ ~ ,._._- ,.s, _ ~ -- ~ ~ ~,. c -- F '" ~~ ~~ c~: ~.. ,~, c? ~ --~ >a ~, c~ ~ -~,-...~ °t1 ~:: %.!?. c_ c.rt - r ~~ , V V . ` }, ~'~ ` :. ..~; ,~ ~. ~. LV THE COURT OF COhII110N PLEAS OF CLI~IBERLAiYD COL".YTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Long Lane Rea:1 Estate Enterprises, LP, Plaintiff, v. RJH Realty, LLC, operating as RJH Express, Inc., Defendant. ^ Confessed Judgment ® Other File No. 2007-4009 Amount Due $1 0 , 0 0 0.0 0 Interest 6~ from 7/ 1 5/ 0 8 Atty'sComm $1,000.00 as of 8/5/08 Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumber 1 and County, for debt, interest and costs, upon the following described property of the defendant (s) 1. All real and personal property located at 13-17 Brenneman Circle Mechanicsburg, Pennsylvania PRAECIPE FOR ATTACHIVIENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ^ (Indicate) Index this writ against the garnishee (s) as a lis penden a~a'njst real estate of the defendant(s) described in the attached exhibit. ~//'~ r 1 ; Date ~~_~ ~ ~ = Signature: K I Print Name: Peter M . Good, Esq . Address: 4431 N. Front Street, 3rd Floor Harrisburg, PA 17110 Attorney for: P l a i n t i f f Telephone: (71 "1) ?_ 3 4 - 2 4 01 Supreme Court ID No: 6 4 31 6 r,~„~uasa~~ntlll.bUnn~ara,jAl.~u ~~ 1y 4 ~:~~. C 1=~ ~' . _ ~~ ~0~ m9Y 21 AEI 8`10 Parcel Nos, 3&118-0569032 38-08-0569-033 DEED ;~gppE Tf-~ ~~~' day of May, 20(17. BETWEEN ROBERT E. DIEHI. atnd NANCY C. DIF,HL, a/~Cla NiANCY G. DiFHI,; husband and wife, of Cumberland County, Pennsylvania, hereine~fter re>erred to as: Grantors, and RJR RE,~AL'1rY, LLC, A New jersey limited liability company, hereitaafter zeferred to as: Grantee, In consideration of (}NE AND 00/100 ($1.00) DOI3.ARS, t11e receipt whereof is hereby acknowledged, the Grantors do hereby glrant and convey to the Grantee, its suooessors and assigns: ALLTHOSE CERTA.IIJ tracts of real estate located in Silver Spcigg Township, Cumberland County, Pennsylvania, known as 1,3-17 Hrennennan Cirde and being brown as Uniform Tax Parcel. Nos_ 36-08-0569-032 and 38-08-0569-033, bounddd and desen~ed according to the Final Subdivision Plan for Silver Spring Industries, Inc. detod .Tanu:ry 4,1980-and revised on February 28, 1980 and Marcel 17, 2980, which said P11rr is recorded in the Ctwnbet•laxt~d C'.ounty Recorders's Office in Plan Book 38, page 19, as follows, to wit: TRACT NO.1: BEGINNI1s1G at a point on the dedicated right-of-way of Bren~aoman Circle at corner of Lot No_ 26 of the above-referred-ko Plan of Lots, South 38 degrees 10 minutes East 700.00 feet to a point; thence along Lot No. 24 of the above-referred-to Plan of Lots South 51 degrees 50 minutes West 365.35 feet to a point, thence along other Lands of Sitvcr Spring Industries, North 37 degrees 03 minutes 22 stcouds West 200.04 feet to a point; thence along Lot No. 26 of the'sbove-referred-to Plap North 51 degz-eca 50 minutes East 361.47 feet to a point on the dedicated right-of-way tine of Brcnnebnan Circle, the point and place of BEGINNING. BEING Lot No. 25 of the above-referred-to Plan.of Lets and oonkaining 1.669 acres. TRACT NO.2:. BEGINNING at a point on the dedicated right-of-way line of Brengeicnart Circle, which point is at cornet of land now or formerly of Lloyd R. Frchelberger 8t Sons; thence along the said Brenneman Circle on a line curving to the left and having a radios of 325.83 feet, an arc distance of 56.92 feet to a point; thence along sane South 38 degress 10 minutes East 1x3.08 feet ro a point; thence along Lot No. 25 of tlae above-referred-to Plant of Lots, South 3I degrees 50 minutes West 361.47 feet to a point? thence along other Lands of Silver Spring Industries North 37 degrees 03 minutes 22 second8 Rest 199.74 feet to a point; thence along lands Hues or formerly of Levine E and Lyres C. Strickler, and lands nor or forutcrly of Lloyd R. Eichelbergar & Sons, North 51 degrees 50 minutes East 363.56 feet to a point and place of BEGINNING. aooK 2BO PAGE 2s2 BEING Lot No_ 26 of the above-referred-to Plgn of Lots and containing 1.650 acres. BEING the same premises which Land Holding Corp. Of PA, a Pennsylvania corporation, by its deed dated SepteAaber 15, f995 and recorded on Septeatbcx 1'9, 1995 im the ~tecorder of Decd, Cumberland County, PeaasylYenia, Decd Book 128, page 472, granted-and conveyed tuato Robert E_ DicbJ arnd Nancy C. Diehl, husband a>ad wife, grantors herein. AZVD the said Grantors hereby covenant and ag~rce that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and scats the day atad year first above written. SIGNED, SEALED AND DELI't/ERED IN THE PRESENCE~F // r-- ~'~~-~ (S~-) n E. a. ~~ COMMON'oVEALTI~ OF PENNSYL'vANIA COUNTY OF CUMBERLAND . ~ , ~SE~I., Nancy C iehl , G.~~ ss. On this, t}te /6 ~ day of lay, 2007, before me, the uzadcrsigucd officxr, personally appeared Ebert E. Diehl euad Nancy C. Dieldl, known to nne or satisfactorily proven to be the persona whose names are subscribed to the within instrunoent, and acknowledged that they executed the same for the purposes therei~a co~atained..1, , IN wI"I'NESS WHEREOF, I hereunto set my hand and official seal. •.~ ~':'•-'=!~~~~`;'~"tr'~°'~`' J•;:~e. a'.'., ~ " '~ ' J Notary Public ,~ • ; ~~;:~ c ~ :1~ :,;.~ ¢. ~~>~ oo~a~otaw~+r.TeoF~ v~u l rvorr-xrwt s~-1.. v;c~ori, L t7ib, rlogaSi Public C.riide tln~ (~Med Cou~ey W c.,.o;w~ ~ [~ DY. 2010 a`ooK 280 Pace 2~ l b~ercby certify teat the precise residence and complete post offce address of the writbin Grantee is: a(~.~J ~p~aJ° Nf j/i~~Q~d ~ ~(~ ~' / ~, Attorne r Granues ~ ~, g ~ ~~~ ~~ ~~~ ~~~ N v ~ ,,,~ ~ ~ ~ 4- ry/a,,~~ r ,--_ 4 `o 4O 4~ ~i W NO..~:~~~ O ha V 4 O ~ Q ~ ~ s, w s ~ ~~ ~ ,~ ~ ~~ ~ ~. ~~ ~ ~ ~ ~~ F ~7 U '~ r~ ~ T ~7 ~~ ~' ~ o O C.r U1 ~ -1 O W VJ tiJ .. . _ .,.i.. r . zvl~x~esoN D~o~ ~'VII,~,IAMS o~-ro Gu.R~oY ~ Fai,r.~x ~~~~~~~ LA-V~V OFFICES I O F.~b"r HIGH S'[~,EET Ca.xl.~ste, PEtvrrsxx,~w~vrw :7013 1'ELEtHOnrE 717-Z4J~3341 FACSCMILE 717-243.1850 YN'['~X' wwvr.a~rtsonlaw,com 1 Certify this to be recorded Yn Cumberland County PA -~ `• • order of Reeds Rec OK Z~Q PACE 2~ NE~-t~ EX (11-0x} 1 , ~1,r~~ ~ ~ Stela To P~Id COMMONIHE/1~TM OF W'ENNSYIYANIA + ~~. S 1~~~~ ~ ~W` Beak Numtirr OiPAR'r1,riNT Oi REViNUE tll1REAU t>f INDIVIDUAL TaxED Fapa Nuawr ~ acct;ems Ste Rwwas# for Ir-strudlpns oti. ~~- -- ~ -+ ~ a~ vM ~„~e.awa CosnplBta etlch ~ktYon grid file in dupfica6a wilft Recorder of Oeedn wlwn (ty the fuM valuet'oorttud.raiion fa not at forth In the dead, (2) when the deed is wlthot{t ctirleide~tton, pr by glR; taf {9) a tax ettarttptbn i9 claimed. A Statsrtwnf of Value (a not te4ulred If the transfer ie v.holty a~oprrlpt 6om tnx Cased on: (1) ferihlly raletyonship a (2).puWic utility eessrnsnt. It more space ~ needed, tlt4aclt nddltlor-el sheet(s). A, CQitRI;SMONDENT ~ AIF Mqul-lete ma y ba dlr~cted to the bllottvlnp Per>won: Name ~ Tslsphona Nwrtbar. tvo V, Otto, III, Esquire -- (717) 243-3341 titrvat ACdrwa _ --- City - State Lp Cnde 10 E. High Street Carlisle PA 17013 B. TRANSFER DATA D~ba of Atru • M Doceim~nt OfenlOfti)JletfOr(S) (jr~~~eyLry~e} Robert E. Diehl and Nancy C. Diehl RJH Realty, (1C StreelAddraes _ -~-- -- ---. . Street lldttreaa 500 Redoo give _ - - _ 2831 tnduetriel 1Ney City Stale ZIp Cone City 9tattr 2]p Cods Enola _ + PA ~ 17025 Vineland NJ OB360 Street gddrear 13 ~ 17 Brenneman Circle Gounry ..... _ . CM To~wrW+IP. 6orouDh Mecftaniccburg, 6fiver Spring Ttnwruhip Cumberland ~ Cumberland Valley 1 3a-080589-032 turd 3&OB-0589-033 D. VALUATION, ©AiA . 1 Actual Cash Conslde-etbn 2.Olfier Cane4ferMlon ~ 3.7x41 Ctmstdsredon 2,000,000.00 + 0.00 = 2,004,000.00 4. Courny Assessed 1Falue 5. Gornmon Lswl Rs»a Pastor 8. Fslr Mefloet 1h~ue X - E. EXENlR`ItON DAT/l 1 •. Amount of 1=xernptivn Claimed 1 b. Perdntsps of tntsrwt Cmvayed ~ 2. Check Appropriate Box Below far Exemption Claimed ~ Will Or intestatt3 6uocession erne o are a trrTtpe ^ Transfer to Industrial bevelopment Agency, ^ Transfer to a trust. (Attach complete copy of trust agreement Identifying all beneflclerles.) ^ Transfer between principal and agent. (Ariach complete copy of agencylstraw petty agreertlenL) ^ 7ranatere to the Commonwealth, the. United States and InstrumentetRNe by gift, deCicalion, condemnation or In Ilea of condemnation, {If condemnation or in lieu o1 wndemnafion, etch copy of naeoluticm.) ^ Transfer from mortgagor to a holder of a mortgage in default. Mor~ege Book Number , PBpo Number ^ Corrective or confirmatory deed. (Attach complete copy of the prior dood being corrected or oonflrtned.) ^ Statutory corporate ooneolidation, merger ar division- (Attach Dopy of artldes_) ^ Other (Please explain exemption claimed, if outer than listed abovo.) Under la~naltles o1 Fa+v, t• ds+etaro that.l haws rlnmlrNd title Stst6ere.rrt, hldudltep aaownpanyfrtp In/ot4rraNon, and Eo thr best of rtTY kmowl.dp~, anA WIIeI. R is tcue, oornct and cM„ple4. t3pneture Cortwpo tZeaporulblc Party p~ FAILURE TO COMPLETE THIS FORM PRf~PERLY OR ATTACH APPLICABLE DOCUY[IrTTA'fbN 'MAY REtSULT IN THE IRECOROER'$ REFUSAL T'0 RECORD TNL PEED. ~~~ t~~ PAGE +~~.C LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff, v. RJH REALTY, LLC operating as RJH Express, Inc., Defendant. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4009 CIVIL ACTION CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for Plaintiff in the above-captioned matter, hereby certify that I this day served a true and correct copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Cory A. Iannacone, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendant Date: August 5, 2008 SMIGEL, ANDERSON & SACKS, L.L.P. .si By: Peter M. Good, E quire ID #64316 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff ~ .~ r C °~ `~`. .n. :*; c: .. r, ~~ r ~ f. ~ ,~ C~... ` , ~ ~ C C:; 1 U~ .- ~/ ~ r` C% f -" ,y _~. J ~'~ ~ ~ _. t ~ r-- 4 !` r-- ~ _- -- c ~_.. ,~ . }"" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-4009 Civil CNIL ACTION -LAW TO "I'HE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff (s) From RJH REALTY, LLC, OPERATING AS RJH EXPRESS, INC. (1) You are directed to levy upon the property of the defendant (s)and to sell ALL REAL AND PERSONAL PROPERTY LOCATED AT 13-17 BRENNEMAN CIRCLE, MECHANICSBURG, PENNSYL~"ANIA . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other 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$10,000.00 L.L.$.50 Interest 6% FROM 7/15/08 Atty's Comm `%$1,000.00 AS OF 8/5/08 Due Prothy $2.00 Atty Paid $143.00 Other Costs Plaintiff Paid Date: AUGUST 5, 2008 (Seal) Curtis R. Long, Prothonotary By: Deputy REQUESTING PARTY: Name PETER M. GOOD, ESQUIRE Address: 4431 N. FRONT STREET, 3'zD FLOOR, HARRISBURG, PA 17110 Attorney for: PLAINTIFF Telephone: 717-234-2401 Supreme Court ID No. 64316 R. Thomas Kline, Sheriff, who being duly sworn according to law, states '` this writ is returned STAYED, c~! `~ ~U Sheriff s Costs: Advance Costs: 271.34 © Sheriff s Costs: 271.34 s ~ Docketing 18.00 271.34 y~ F~ Poundage 200.00 Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL .50 2.00 10.00 20.00 20.00 Refunded to Atty on 01/26/09 .84 ...., r $ 271.34 ,/ ~~~-?lat So r nn ~,~~ ~7"~^ R. Thomas Kline, Sheriff. By Claudia A. Brewbaker ~.,> ~._ - c _ ,.~, _ -_ =' ~ '_ ~, ~ „ ~ .~ t.1 ~* ?~ "':, .~~_:: ~: ~ =x ~~,~ '~ ~ ~? ~..i -G nz ~~ ~ q- end s~~z ~~ a~ ~ ~w. 0 r.s~. G ~~ b'~ 9 2 ,Z O frU WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-4009 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff (s) From RJH REALTY, LLC, OPERATING AS RJH EXPRESS, INC. (1) You are directed to levy upon the property of the defendant (s)and to sell ALL REAL AND PERSONAL PROPERTY LOCATED AT 13-17 BRENNEMAN CIRCLE, MECHANICSBURG, PENNSYLVANIA . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b} the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other 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$10,000.00 Interest 6% FROM 7/15/08 Atty's Comm %$1,000.00 AS OF 815/08 Atty Paid $143.00 Plaintiff Paid Date: AUGUST 5, 2008 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs s `- ` .~ ~ Curti R. Long, Prothonotary ~ By: Deputy REQUESTING PARTY: Name PETER M. GOOD, ESQUIRE Address: 4431 N. FRONT STREET, 3RD FLOOR, HARRISBURG, PA 17110 Attorney for: PLAINTIFF Telephone: 717-234-2401 Supreme Court ID No. 64316 LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff, v. RJH REALTY, LLC operating as RJH Express, Inc., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2007-4009 / CNIL ACTION PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above-referenced action "satisfied." SMIGEL, ANDERSON & SACKS, L.L.P. Date: December 23, 2008 By: Peter M. Good, sq ire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Hamsburg, PA 17110-1778 (717)234-2401 Attorneys for Plaintiff 1 'l~~ LONG LANE REAL ESTATE ENTERPRISES, LP, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4009 v. RJH REALTY, LLC operating as RJH Express, Inc., Defendant. CIVIL ACTION CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, hereby certify that on this. date I have served a true and correct copy of Praecine to Satisfy Judgment upon the parties as addressed below by depositing the same in the U.S. Mail, first class, postage prepaid: Cory A. Iannacone, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendant SMIGEL, ANDERSON & SACKS, L.L.P. Date: December 23, 2008 By: r r Pe er ood, Esq ire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 Nerth Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff c~ ~ ~ ~ ~ _ I ~ ~.-~._ r ^ ~ ~e, <.,,. C'V .. :"~7 fT'i - 9 .~± X17 ~ ^G