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HomeMy WebLinkAbout07-4214William L. Adler, Esquire ADLER &ADLER 125 Locust St. Harrisburg, PA 17101 Phone: 717-234-3289 Fax: 717-234-1670 Email: wmadler(cr~,adlerandadler.net Supreme Court ID: 39844 Harry F. Christie and Barbara Christie : IN THE COURT OF COMMON PLEAS Plaintiffs :Cumberland COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW Wireless Authority, Inc. and Terry Dolan and : NO. ~ ~ _ ~ 21y (~ 1 U ~ ~ ~~"~. Sherry Fluke, Defendants 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 OR 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 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 N O T I C I A Le han demandado a usted an la Corte. Si usted guiere defenderse de esters demanders expuestas en las paginas siguientes, usted tiene viente (20) digs de plazo al partir de la fecha de la demands y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demanders en contra de su persona. Sea avisado gue si usted no se defienda, la Corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier gueja o alivio gue es pedido en la peticion de demander. Usted puede perder dinero 0 sus propiedades o otros derechos importantes parer usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUNENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 Harry F. Christie and Barbara Christie Plaintiffs v. IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Wireless Authority, Inc. and Terry Dolan and : NO. ~7~ ~2 (~( t~ Lc~t,(.~~n ~~., Sherry Fluke, Defendants `~"" l COMPLAINT AND NOW COMES the plaintiff, Harry F. Christie and Barbara Christie, through their attorneys, Adler & Adler, and respectfully represents the following: 1. Plaintiffs, Harry F. Christie and Barbara Christie, are adult individuals with an address of 3310 Calle del Montana, Sedona, AZ 86336. 2. Defendant, Wireless Authority, Inc., is a Pennsylvania corporation with a place of business located at 650 N 12th St., Lemoyne, PA 17043. 3. Defendants, Terry Dolan and Sherry Fluke, are adult individuals with an address of 650 N 12th St., Lemoyne, PA 17043. 4. On January 1, 2003, plaintiffs entered into a lease with defendant, Wireless Authority, Inc. for the premises known as 5521 Carlisle Pike, Mechanicsburg, PA 17055 (hereinafter, the Premises). (A copy of the written lease is attached hereto as Exhibit "A.") 5. The initial term of the lease was three years with three one year renewal options. 6. Defendant rented the Premises for three years. 7. Defendant failed to comply with the terms of the Lease in order to renew it during the First Renewal Term. 8. On August 1, 2006, Defendant sublet the Premises to MobilWave Communications without notice to or approval from Plaintiff. 9. MobilWave Communications never executed a lease with Plaintiff for the Premises. 10. MobilWave Communications abandoned the Premises on or around November 12, 2006. 11. Pursuant to Section 23(a) of the Lease, Plaintiff may accelerate rent for the remainder of the term. 12. The term would have ended Apri130, 2007. 13. Rent and late fees owing to Plaintiff from Defendant as of the end of April, 2006 amounted to $14,470.05. 14. Amounts required to secure the Premises after abandonment amounted to $97.98. 15. Under Section 9 of the Lease, Defendant is obligated to pay reasonable attorneys' fees incurred for the collection of all amounts due in the amount of $2,500.00. 16. Plaintiff breached the Lease by failing to pay rent when due. 17. Plaintiff breached the Lease by subletting the Premises without the consent of Plaintiff. 18. Defendants Terry Dolan and Sherry Fluke individually guaranteed the prompt payment of all rent and compliance with all Lease terms and are personally responsible for all amounts due under the agreement. WHEREFORE, Plaintiffs respectfully request judgment in its favor in the amount of $17,068.03 together with interest and costs of suit and additional attorneys' fees. ____ / Mti William .Adler, Esquire Attorney for Plaintiff ADLER &ADLER. P.O. Box 11933 125 Locust St. Harrisburg, PA 17108 717-234-3289 Supreme Court ID Number 39844 Wmadler@adlerandadler.net July 13, 2007 VE',RiFtCA1'iON 1 VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DISCOVERY ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS I IEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. Section X1904 RE-LAYING TO UNS~VORN FALSIFICATION TO AUTHORITIES. DATE: ~ G Harry C ristic ~~ c...Q Barbara Christi G~lt,2~L~ ~ ~~uy THIS LEASE is made as of the 1st day of January 2003 by and between HARRY F. CHRISTIE and BARBARA CHRISTIE (collectively, the "Landlord"), and Wireless Authority Inc. ("Tenant'. WITNESSETH: WHEREAS, Landlord is the owner of a two story building, together with the lower level ("Building") and that certain tract of land situate and known as 5521 Carlisle P~7ce, Mechanicsburg, Pennsylvania 17055 upon which the Building is constructed; and WHEREAS, the parties hereto agree that Landlord will lease the Demised Premises (hereinafter defined) located at 5521 Cazlisle Pt3ce, to Tenant in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises herein contained, and intending to be legally bound hereby, the parties hereto agree as follows: SECTION 1. DEMISED PRENIISES /~A`(~~ ~- I~21v~ ~L°~b Landlord hereby agrees to lease to and Tenant hereby agrees to accept, effective as of January 1, 2003 ("Commencement Date"), 1,000 + or -square feet of space inchiding prorata common area in the Building, known as Suite b together with the non- ~~G exchisive right to use in common with others, parking azeas, driveways and footways, all ~~ in the location shown on Exhibit "A" (Demised Premises). SECTION 2. TERM: RENEWAL TERM: USE (a) The initial term of this Lease ("Term") shall be 3 years commencing on the ("Commencement Date") and ten~ninating on December 31, 2005. Notwithstanding the foregoing, Tenant shall be entitled to possession of the Demised Premises on the date that Landlord and Tenant have each received a fully executed copy of this Lease ("Possession Date"). Provided that no default has occurred hereunder, Tenant shall have the right to renew this Lease for three additional terms of 1 year ("First Renewal Term") by giving Landlord written notice thereof no later than ninety (90) days prior to the expiration of the Initial Term. Tenant's right to renew this Lease shall expire if Landlord does not receive such notice at least ninety (90) days prior to the expiration of the Initial Term. Provided that no defauh has occurred hereunder, Tenant shall have the right to renew this Lease for an additional term of one (1) year ("Second Renewal Term") by giving Landlord written notice thereof no later than ninety (90) days prior to the expiration of the First Renewal Term. Tenant shall have the right to renew this Lease for an additional term of one (I) yeaz ("Third Renewal Term") by giving Landlord written notice thereof ~ ~l 1 ~ . no later than ninety (90) days prior to the expiration of the Fitst Renewal Term. For each exercised Renewal Term the Minimum Annual Rent (hereinafter defined) shall be as set forth on Exhibit "B". All other tenors and conditions of this Lease shall remain in full force and effect through each exercised Renewal Term (b) The Demised Premises shall be used solely for the purpose of carrying on the business of sales and service of wireless telecommunication equipment and supplies and for no other purpose without the written consent of Landlord, which consent shall not be unreasonably withheld. Without limiting the generality of the foregoing, Tenant shall not use the Premises for the generation, manufacture, refining, transportation, treatment, storage or disposal of any hazardous substance or waste or for any purpose which poses a substantial risk of damage to the environment and shall not engage is arty activity which would subject Tenant to the provisions of the Federal Comprehensive Environmental Response, Liability and Cleanup Act (42 U.S.C. Section 9601 et seq.), the Federal Water Pollution Control Act (33 U.S.C. Section 1151 et sea.), the Clean Water Act of 1977 (33 U.S.C. Section 1251 et sea.), or any other federal, state or local environmental law, regulation or ordinance. The authorization of the use of the Premises for the business purpose set forth herein shall not constitute a representation by Landlord that such use of the Premises is now or shall continue to be permitted or lawfitl under applicable laws or regulations. SECTION 3. IVIINIMiJM ANNiJAL RENT: SEC[JRTTY DEPOSIT (a) During the term of this Lease, Tenant covenants and agrees to pay Landlord the rentals provided for in this Lease at,~3310 Celle del Montana, Sedona AZ 86336, or at such other place as Landlord may by notice direct, without prior demand therefor and without any deduction or set-off whatsoever, except as provided in this Lease. During the Initial Term of this Lease, the minimum basic annual rental ("Minimum Annual Rent") shall be in the amount set forth on Exhibit "B" attached hereto and made a part hereof, payable in equal monthly installments on the first day of each month. During each exercised Renewal Term the Minimum Annual Rent shall be as set forth on Exhibit "B". Any monthly installment of Minimum Annual Rent not received by Landlord on or before the fifth day of the month shall be increased by a late charge of five percent (5°/a). (b) Landord shall pay all real estate taxes for the Building and all property Insurance premiums for the Building. SECTION 4. IlyIPROVEMENTS Landlord, at Landlord's expense, shall perform the work descnibed as "Landlord's Work" on Exhibit "C" attached hereto, and Tenant, at Tenant's expense, shall perform the work described as "Tenant's Work" on Exhibit "D". With the exception of the work to be performed by Landlord as set forth above, Tenant is accepting the Demised Premises in AS-IS condition. P~ SECTION 5. UTILITIES Tenant shall be solely responsible for the cost of janitorial services for the Demised Premises. Landlord shall be responsible for all utilities and common area expenses. th no event shall Landlord be liable for an intemiption, failure or discontinuance in the supply of any utilities to the Demised Premises, nor shall there be any reduction or abatement in the Minimum Annual Rent or any additional rent due to such interruption, failure or discontinuance, unless such intemuption, failure or discontinuance is a result of an act or omission of Landlord SECTION 6. 1ZIDEMNIFICATION OF LANDLORD Tenant shall defend, indemnify and save harmless Landlord against and from all loss, liabilities, penalties, damages, expenses and judgments, including attorney's fees, which may be imposed upon or incurred by or asserted against Landlord or Landlord's fee or reversionary interest in the Demised Premises by reason of any injury or claim of injury to persons or property of any nature and however caused, arising out of the use, occupancy and control of the Demised Premises at any time during the term of this Lease or any extension thereof; including those resulting from any work in connection with any alteration, changes, new construction or demolition. Tenant is hereby subrogated to any rights of Landlord against any other parties whomsoever in connection therewith. Such indemnification shall not extend to any matter against which Landlord is protected by insurance supplied by Tenant. SECTION 7. INSURANCE Tenant, at Tenant's sole expense, shall obtain and maintain throughout the term hereof the following policies of insurance: (a) Fire and extended coverage insurance for all of Tenant's improvements, inventory, fixtures, furnishings and equipment; (b) Comprehensive general public liability insurance on an occurrence basis with minimum limits of $500,000 for bodily injury or death to any one person, $1,000,000 for any occurrence and $100,000 for property damage. Landlord shall be designated as an additional insured on each such policy, and copies of the policy, or other evidence of the required coverages, sha11 be delivered to Landlord at least five days before the expiration of any insurance policy. Each policy shall provide for at least 30 days notice to Landlord before cancellation. P'~ (c) Landlord shall, ut its own wsl anJ expense, maintain insurance on the Building against fire and the risks covered by "extended coverage" on a "replacement cost" basis or containing a "replacement cost" endorsement in an amount sufficient to prevent Landlord from becoming a co-insurer. Landlord shall also carry rental value insurance for a loss period of at least one (1) year in an aruount equal to the aggregate of all rent and additional rent payable by any and all tenants in the Building. SECTION 8. ASSIGNMENT AND SUBLEASING Tenant shall not assign this Lease, or sublease all or any portion of the Demised Premises, or transfer more than 50% of the shares of Tenant, without Landlord's prior written consent, which consent shall not be unreasonably withheld. SECTION 9. LANDLORDIS ENFORCEMENT COSTS Tenant agrees to pay as additional rest any and all expenses incurred by Landlord, includmg reasonable attorneys' fees, for the collection of monies due from Tenant and the enforcement of Tenant's obligations under the provisions of this Lease. Tenant shall indemnify Landlord and hold Landlord harmless against all claQns and all Iiabilities, expenses and losses (including reasonable attorneys' fees) incurred by Landlord as a result of failure by Tenant to perform arty obligation required to be performed by Tenant hereunder. SECTION 10. ADDITIONAL IMPROVEMENTS During the original term of this Lcase, or any renewal or extension thereof Tenant shall only make alterations and improvements to the Demised Premises (other than Tenant's Work) with Landlord's prior written consent. No alteration shall be undertaken until Tenant shall have obtained and paid for all required permits and authorizations of the various municipal and other governmental agencies having jurisdiction. All work in connection with a~ alteration shall be done in a good and worl®anlrlce manner and in compliance with the building and zoning laws and with all other laws and regulations of all federal, state and municipal governments and the appropriate depattrrtents, commissions, boards and officers thereof and the orders and regulations of the National Boazd of Fire Underwriters or a~+ other body now or hereafter exercising similar functions, and Tenant shall procure certificates of occupancy and all other certificates required by law. At all times when any alteration is in progress, there shall be maintained, at Tenant's sole expense, (i) Worlanen's Compensation insurance in accordance with law covering all persons employed in connection with the alteration, (ii) general or public liability insurance for the mutual benefit of Landlord and Tenant expressly covering the additional hazards due to the alteration, (iii) completed value builder's risk insurance and (iv) such other insurance as Landlord shall reasonably require. All such insurance policies shall be written for such amounts and shall provide for such coverage as shall be acceptable to Landlord. SECTION 11. MAIlVTENANCE AND REPAIRS (a) During the term of this Lease, Tenant, at Tenant's expense, shall repair, replace and maintain the Demised Premises in its present condition (inchiding, without limitation, electric signs, lighting, electrical, all doors and plate glass and all floors), and shall keep all portions of the Demised Premises in a clean and orderly condition, lice of dirt, rubbish and unlawful obstruction, and shall not permit or cause any damage, waste or injury to the Demised Premises. In addition, tenant shall be responsible for damage to the building (i~luding without limitation damage to flooring, carpets, wa1Ls, doors or mechanical systems). (b) During the term of this Lease, Landlord, at Landlord's expen.~e shall repair, replace and maintain the roof, walls, foundations, common areas and mechanical systems of the Building. SECTION 12. LANDLORDIS COVENANT OF OUfET ENJOYiy1ENT Landlord covenants and agrees that upon Tenant's paying the rent and observing and performing all of the terms, provisions and conditions on Tenant's part to be observed and performed, Tenant may peaceably and quietly enjoy the Demised Premises for the term of this Lease, subject, nevertheless, to the terms and conditions of this Lease. SECTION 13. COMPLIANCE WITH LAWS: PERMITS Tenant, at its sole expense, shall comply with all laws, orders and regulations of federal, state and local authorities and with any direction of any public officer or officers, pursuant to the law which shall impose a~ violation, order or duty upon Tenant with respect to the Demised Premises or the use and occupancy thereof Tenant, at its sole expense, shall obtain all licenses and permits which shall be required for the conduct of its business within the terms of this Lease. SECTION 14. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS If during the term of the Lease or any renewal or extension thereof; the Demised Premises shall be partiaIIy damaged by fire or other casualty, but not rendered untenantabie, the same shall be repaired with all proper speed at the expense of the Landlord_ To the extent that the entire Demised Premises (or such portion of the Demised Premises as shall substantially unpair the ability of the Tenant to use the Demised Premises for the purpose set forth in Section 3(b)) be rendered unfit for occupancy after such casualty or during such work, Tenant's rent shall be wholly abated (in the event of complete destruction of the Demised Premises) or partially abated in the same proportion as the amount of lost area relates to the total area of the Demised Premises (in the event of partial destruction of the Demised Premises), provided, however, that upon occupancy of the Demised Premises (or that portion not destroyed by such casualty) by Tenant for the operation of Tenant's business, rent shall immediately recommence. Any necessary work which falls under the Tenant's Work shall be performed by Tenant at Tenant's expense. During the period from the occurrence of such fire or other casualty until the completion of repairs to the Demised Premises, the rental due under this agreement shall be abated proportionately as the area rendered untenantable shall bear to the total area of the Demised Premises. If, however, during the term of this Lease or any renewal or extension thereof, said Demised Premises shall be injured by fire or other casualty so that the said Demised Premises are rendered wholly unfit for occupancy and cannot be restored within 120 days, then at the option of either Landlord or Tenant, this Lease may be terminated from the date of such injury by either party giving written notice to such effect within thirty (30) days therefrom and the rent shall be paid only for the period of the month prior to such date of injury and shall tern~ate upon such date; aad upon such termination, Tenant shall immediately surrender the Demised Premises to Landlord who may enter and repossess the said Demised Premises. In the event during the term of this Lease or any renewal or extension thereof, said Demised Premises shall be injured by fire or other casualty so that the said Demised Premises shall be rendered unfit for occupancy, but can be restored within 120 days, then Landlord, at Landlord's own expense, shall promptly restore the Demised Premises and Tenant, at Tenant's own expense, shall complete any Tenant's Work. To the extent that the entire Demised Premises shall be rendered unfit for occupancy after such casuahy or during such work, Tenant's rent shall be wholly abated, provided, however, upon occupancy of the Demised Premises by Tenant for the operation of Tenant's business, rent shall immediately recommence. Any repairs performed by Landlord and Tenant pursuant to the terms of this Section 14 shall otherwise be performed in compliance with all other requiremecrts related to construction and repairs to be performed by Landlord and Tenant set forth in this Lease. SECTION 15. CONDEMNATION In the event that the Demised Premises or any part thereof shall be acquired or condemned by eminent domain for any public or quasi-public use or in the event of conveyance of the Demised Premises to the condemning authority in lieu of condemnation, the provisions of this Section shall be controlling. Forthwith upon receipt by Landlord or Tenant of any notice of the institution of any proceeding for the taking of the Demised Premises, the party receiving such notice shall promptly give written notice thereof to the other party_ Tenant waives any right it might have to all and any portion of any award which might be paid to Landlord, Tenant reserving unto itself, however, all rights to any awards that may be payable to Tenant under the terms of the Eminent Domain Code of the Commonwealth of Pennsylvania, to the extent that such awards do not affect the total award that might other- wise be payable to Landlord. If the taking is D~ of the entire Demised Premises, or if such part of the Demised Premises is taken so that in Landlord's reasonable opinion the Demised Premises are untenantable, this Lease shall terminate as of the date of the condemnation or the date on which Landlord shall have conveyed the Demised Premises to the condemning authority in anticipation of condemnation, and any prepaid rent and other advances shall be apportioned to such date and refunded to Tenant. SECTION 16. MECHANICS LIENS Tenant shall promptly pay all contractors and materialmen for work ordered by Tenant or performed for Tenant's account, so as to minimize the possibility of a lien attaching to the Demised Premises. Should any such lien be made or filed, Tenant shall bond against or discharge the same within ten (10) days after written request by Landlord Nothing herein contained shall be construed as a consent on the part of Landlord to subject the fee or the estate of Landlord to liability under the Mechanics Lien Law of Pentisyhrania, for work ordered other than by Landlord, it being expressly understood that Landlord has not consented to any such work and Landlord's estate shall be subject to no such liability. SECTION 17. NO REPRESENTATIONS OR WARRANTIES Neither Landlord nor any representative of Landlord has made any representations or warranties, express or implied, in fact or by law, with respect to any of the Demised Premises except as expressly set forth herein, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in this Lease. Tenant has examined the Demised Premises and the streets, sidewalks, curbs and properties adjoining the Demised Premises. The taking of possession of the' Demised Premises by Tenant shall be conclusive evidence that Tenant has accepted the same "as is" and that the Demised Premises were in good condition at the time possession was taken. Landlord shall not be responsible for arty latent defect or change of condition in the Demised Premises and the Minimum annual rent hereunder shall in no case be withheld or diminished on account of any defect in such property, any change in the condition thereof, any damage occurring thereto or the existence with respect thereto of any violations of the laws or regulations of any governmental or other authority, except as expressly provided herein. SECTION 18. SURRENDER OF PREMISES (a) At the expiration of this Lease, Tenant shall surrender the Demised Premises to Landlord in good order and condition and in the condition Tenant is required in Section 1 l of this Lease to keep the same excepting only (i) ordinary wear and tear, and (v) damage by fire and other hazards. Tenant steal! surrender all keys for the Demised Premises to Landlord and shaII inform Landlord of all combinations on locks, safes and vaults, if any, in the Demised Premises. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. (b) Any signs, trade fixtures and equipment installed on the Demised Premises by the Tenant may be removed if same can be done without material damage to the Demised Premises, or upon Tenant's agreeing at said time to repair, at its expense, arty damage caused by such removal SECTION 19. LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS If Tenant shall at any time fad to pay any charge or imposition or perform any other act on its part to be performed, then Landlord, after thirty (30) days' written notice to Tenant and without waiving or releasing Tenant from any obligations hereunder, may pay such charge or sum of money or make any other payment or perform any other act on Tenant's part to be made or performed, and may enter upon the Demised Premises for any such purpose, and take all such action thereon as may be necessary therefor. All sums so paid by Landlord and all costs and expenses incurred by Landlord in connection with the performance of any such act, together with interest thereon at the rate of 15% per annum, from the respective dates of Landlord's ~B of each such payment or incurring of each such cost and expense, shall constitute additional rent payable by Tenant under this Lease and Landlord shall have tbe same remedies for the collection thereof or otherwise as in the case of default in the payment of Minimum Annual Rent or additional rent reserved in this Lease. SECTION 20. INSPECTION BY LANDLORD Landlord and its agents shall have the right to enter into and upon the Demised Premises or any part thereof at all reason- able hours for the purpose of examining the same and making such repairs or alterations therein as may be necessary for the safety and preservation thereoiy if Tenant shall be in default in that regazd; but nothing herein contained shall be construed to impose a~ duty upon Landlord to [Hake such repairs or alterations. SECTION 21.OFFSET STATEMENT Within ten (10) days after request by Landlord, or in the event that upon any sale, assignment or hypothecation of the Demised Premises by Landlord, an offset statement shall be required from Tenant. Tenant agrees to deliver in recordable form a certificate to any proposed mortgagee or purchaser, or to Landlord, certifying (if such be the case} that this Lease is in full force and effect and that there aze no defenses or offsets thereto, or stating those claimed by Tenant. ~b SECTION 22. DEFAULTS BY TENALIT Any one or more of the following shall constitute a default by Tenant hereunder: If Tenant, during the original tcrm of this Lease, or any renewal or extension thereof (1) Does not pay in full when due and payable arty installment of Minimum Annual Rent; or (2) Violates or fails to perform or otherwise breaches any covenant or provision of this Lease, for a period of thirty (30) days after receipt of notice thereo>:; or (3) Permits the leasehold estate or any property of Tenant to be exposed for sale on judgment or execution process by any sheriil; marshall, or constable; or (4) Makes an assignment for the benefit of creditors or is adjudicated a bankrupt or files a case in bankruptcy or otherwise initiates proceedings for the appointment of a receiver of its assets, or files a petition or otherwise initiates any proceedings in any court for a composition with its creditors or relief in any manner from the payment of its debts when due, under any state or federal law, or any proceedings in bankruptcy or for the appointment of a receiver are instituted by Tenant or any creditor of Tenant under any state or federal law and not withdrawn or dismissed within sixty (60) days; or (5) Leaves the Demised Premises deserted and unprotected. SECTION 23. REMEDIES OF LANDLORD This Lease and the term of the estate t~reby granted are subject to the conditional limitation that in the event of a default by Tenart, then, at the sole option of Landlord, Landlord may exercise any or alt of the following remedies: (a) Acceleration of Rent: The Mtnimum Annual Rent for the entire balance of the Term hereof and any expenses and charges payable under Section 3 hereof, together with all costs, shall become due and payable as if by the terms and provisions of this Lease said balance of rent and every part thereof were on that date payable in advance; and (b) Termination: This Lease and the original Term hereby created, or any renewal term thereof, shall, at the sole option of Landlord and without waiver of any other rights of Landlords contained herein, terminate and become absolutely void without any rtight on the part of Tenant to save the forfeiture by payment of any sum due or by performance of any provision of this Lease; and (c) Lease: Landlord may Iease the Demised Premises, or any part or parts thereof, to such person or persons as may seem best in Landlord's discretion, and Tenant shall be liable for any loss of Minimum Annual Rent for the balance of the then-current term. (d) Remedies Cumulative: All of the remedies herein before given to Landlord and all rights and remedies given to it by law and equity shall be at Landlord's option cumulative and concurrent. No determination of this Lease or the taking or recovering of the Demised Premises shall deprive Landlord of airy of its remedies or actions against Tenant fvr 11Tmmum Annual Rent and additional rent due at the time or which, under the terms hereof; would in the future become due as if there had been no determination, nor shall the bringing of any action for rent or breach of covenant, or resorting to any other remedy herein provided for the recovery of Minimum Annual Rent be construed as a waiver of the right to obtain possession of the Demised Premises. (e) CONFESSION OF JUDGMENT: Tenant hereby empowers any Prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be brought for rent and any other sums due by Tenant, and to sign for Tenant an agreement for entering into auy competent court an amicable action or actions for the recovery of rent and such other sums, and in such suits to confess judgment against Tenant for aIl or any part of the rent or other sums due, including, without limitation, all rent and other sums due for the unexpired term of the Lease, and for interest and costs including reasonable attorney's fees, without deduction for the rental value of the Demised Premises. In addition, Tenant hereby empowers any Prothonotary or attorney of any court of record to appear for Tenant in any and aIl actions which may be brought for ejectment, and to sign for Tenant an agreement for entering into any competent court an amicable action or actions for ejectment, without any stay of execution or appeal, and in such suits to confess judgment against Tenant for recovery by Landlord of possession of the Demised Premises. SECTION 24. HOLDING OVER Should Tenant hold over in possession with the consent of Landlord after the expiration of the original term of this Lease or of any extended term, such holding over shall not be deemed to extend the term or renew the Lease, but the tenancy thereafter shall be from month to month only, at the rental in effect during the Iasi month of the term, subject to being terminated by either party at the end of any month upon thirty (30) days' prior written notice and subject to all of the other terms and conditions of this Lease. SECTION 25. SUCCESSORS Except as herein otherwise provided, all rights and liabilities herein given to or imposed upon the respective parties hereto shall extend to and be binding upon the several heirs, legal representatives, successors and assigns of said parties. to SECTION 26. WAIVER No waiver by Landlord of any breach by Tenant of any of its obligations, agreements or covenants hereunder shall be a waiver of any subsequent breach or of any obligation, agreement or covenant, nor shall any forbearance by Landlord to seek a remedy for any breach by Tenant be a waiver by Landlord of its rights and remedies with respect to such or any subsequent breach. SECTION 27. E;1VT>RE AGREEMENT This Lease sets forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the 13cmised Premises and there aze no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than herein set forth No subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them SECTION 28. NOTICES All rent checks payable hereunder and all notices to Landlord shall be delivered or mailed to Landlord at 3310 Calle del Montana, Sedona Arizona 86336, or such other address of which Landlord shall give notice. All notices to Tenant shall be mailed to it at 4 Oakleigh Ave., Harrisburg, PA 17111, or such other address of which Tenant shall give Landlord notice. All notices hereunder shall be m writing and shall be sent by certified mail, return receipt requested. Such notices shall be deemed to have been sent on the date waded. SECTION 29. RECORDING Tenant may not record this Lease in nay office of public record. SECTION 30. COMMISSIONS Landlord and Tenant each represent to the other that they have only dealt with Andrew Kohr Realty as agent in connection with this Lease, and each shall mutually indemnify and hold the other harmless from ail other such commiccions or fees. SECTION 31. GOVERNING LAW This Lease shall be governed by the laws of the Commonwealth of Pennsylvania. it SECTION 32. SUBORDINATION (a) Subject to the terms set forth below, this Lease is subject and subordinate to mortgages which may now or hereafter affect the Building or the Demised Premises, and to all renewals, modifications, consolidations, replacements and extensions there-of. This clause shall be self-operative and no further instrument of subordination shall be required by any mortgagee. In confirmation of such subordination, Tenant shall execute promptly any certificate that Landlord may request. SECTION 33. RULES AND REGULATIONS Tenant shall comply with the rules and regulations of Landlord related to the Building and the Demised Premises and any modifications or additions thereto that Landlord may promulgate from time to time. No signs and/or banners are permitted in windows, on doors or in hallways (except for standardized signs provided by Landlord). Neither, Tenant, Tenant's employees or invitees of Tenant shall be permitted to smoke inside the Building. SECTION 34. ACKNOWLEDGEMENT Tenant acknowledges that Section 23 of this Lease contains Confessions of Judgments. IN WITNESS WHEREOF, LANDLORD AND TENANT have signed and sealed this lease as of the day and year first above written. LANDLORD: Harry tie ~~fo,a.~ Barbara J Christie TENANT: ~? GUAR.ANf Y In consideration of the execution of the within lease by the Landlord, a the request of the undersigned and in reliance of this guaranty, the undersigned hereby guarantees unto the Landlord, its successors and assigns, the prompt payment of all rent and the performance of all of the terms, covenants and conditions provided in said lease, hereby waiving all notice of default, and consenting to any extensions of time or changes in the manner of payment or performance of any of the terms and conditions of the said lease the Landlord may grant the tenant, and further consenting to the assignment and the successive assignnoents of the said lease, and any modifications thereof, including the sub-letting and changing of the use of the demised premises, all without notice to the undersigned. The undersigned agrees to pay the Landlord all expenses incurred in enforcing the obligations of the Tenant under the withum lease and in enforcing this g~"~tY• /. .~ - '1 ~~':.L.Y~ ~ I~~ ,~~1 Dace ~°/ ~~ l d ~ 13 _. m a i 0 /-Q -~ .~ 0 O z ~k blib~r`~ /~ Ql E Z D w~ ~ -~ - ~, D ~ o~' zp~ ~ N N ~rn~ ~D . ~ r .`_ 3 ,z` O ~ ~ ~ 0 rn ~s 71 f/ RI ~VI GAMER 1nf~-~~ O~I~ 16'-5~' 00 0 -~ ~ D p DN O ~` uP ~` DA?E• IVI3r1~ *~~r F~T.~ FOB MASS DR141ANC3 ~ CONSTRUCTION ~IGRdEP1~~W11~~1~P~G1~ADt>fAQ1l~~NlC~-PBi~'IY~MII GROUP INCORPORATED PosQx»sm.~eo.~-mn w+a+E c n~- e s7 az+o ~ t?+ n e na w a ~' ~ ~ '~. 1 N a rn t2~-I" ~ 0 _ 1 ~ a O ~,m a s A71-~ 0 ' 14 _4" F.XH1f3fT B RENT Initial Terre 3 Years 1st Year 2nd Year 3rd Year Annual Rent $15,500.00 $15,887.50 $16,284.69 Monthly Installment i .- $1,291.x7 • ` ~, i , ~= $1,323.96 ' $1,357.06 ' First Renewal 1 Year $16,773.00 $1,397.75 Second Renewal 1 Year $17,280.00 $1,440.00 Third Renewal 1 Year $17,842.00 $1,486.80 i. ~o ~ ~ ~ ~ ~ ~J tea ~ r. } c __ "sl _.. a G... _'~ t- r,i f_ --~r'; ---- ,,-, ~°3 ,^ 'ti vJ _~ c t~3 4.,,, ""` SHERIFF'S RETURN - REGULAR w ,~ CASE N0: 2007-04214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHRISTIE HARRY F ET AL VS WIRELESS AUTHORITY INC ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DOLAN TERRY was served upon the DEFENDANT at 1425:00 HOURS, on the 23rd day of July 2007 at 650 N 12TH STREET LEMOYNE, PA 17043 by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Postage .41 Surcharge 10.00 .00 ~,17~01 ~,,.., / 16.41 Sworn and Subscibed to before me this day of , So Answers: ..~+•~t I• R. Thomas Kline 00/00/0000 By: Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR .- CASE NO: 2007-04214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHRISTIE HARRY F ET AL VS WIRELESS AUTHORITY INC ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE FLUKE SHERRY DEFENDANT was served upon the at 1425:00 HOURS, on the 23rd day of _July 2007 at 650 N 12TH STREET LEMOYNE, PA 17043 SHERRY FLUKE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 g ~1~~07 ~ / 16.00 Sworn and Subscibed to before me this day of So Answers: (• R. Thomas Kline 07/24/2007 WILLIAM L ADLER By ~-~ Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR .- CASE N0: 2007-04214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHRISTIE HARRY F ET AL VS WIRELESS AUTHORITY INC ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE WIRELESS AUTHORITY INC was served upon the DEFENDANT at 1425:00 HOURS, on the 23rd day of July 2007 at 650 N 12TH STREET LEMOYNE, PA 17043 by handing to SHERRY FLUKE ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.36 Affidavit .00 Surcharge 10.00 ~ ~ 1 ~-~ D''~ ~~. 00 4 Sworn and Subscibed to before me this day So Answers: .~E~ f' R. Thomas Kline 07/24/2007 WILLIAM L ADLER gy. eputy Sheriff of A.D. William L. Adler, Esquire ADLER & ADLER 125 Locust St. Harrisburg, PA 17101 Phone: 717-234-3289 Fax: 717-234-1670 Email: wmadler(~adlerandadler.net Supreme Court ID: 39844 Harry F. Christie and Barbara Christie Plaintiffs v. IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Wireless Authority, Inc. and Terry Dolan and Sherry Fluke, Defendants NO. 07-4214 REPLY TO NEW MATTER 19. Denied. 20. Denied. This is a conclusion of law to which no responsive pleading is required. 21. Denied. This is a conclusion of law to which no responsive pleading is required. 22. Denied. This is a conclusion of law to which no responsive pleading is required. 23. Denied. This is a conclusion of law to which no responsive pleading is required. 24. Denied. This is a conclusion of law to which no responsive pleading is required. 25. Denied. This is a conclusion of law to which no responsive pleading is required. 26. Denied. This is a conclusion of law to which no responsive pleading is required. 27. Denied. This is a conclusion of law to which no responsive pleading is required. 28. Denied. This is a conclusion of law to which no responsive pleading is required. 29. Denied. This is a conclusion of law to which no responsive pleading is required. 30. Denied. This is a conclusion of law to which no responsive pleading is required. 31. Admitted. 32. Admitted. By way of further answer thereto, Defendants or their unapproved assigns occupied the premises until mid November 2006. 33. Denied. This is a conclusion of law to which no responsive pleading is required. 34. Denied. Plaintiffs did not receive a notice of termination from defendants. WHEREFORE, Plaintiffs respectfully request judgment in its favor in the amount of $17,068.03 together with interest and costs of suit and additional attorneys' fees. '(./ ~--~ it am L. Adler, Esquire Attorney for Plaintiff ADLER & ADLER P.O. Box 11933 125 Locust St. Harrisburg, PA 17108 717-234-3289 Supreme Court ID Number 39844 Wmadler@adlerandadler.net VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DISCOVERY ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF I8 Pa.C.S.A. Section 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~ C~~s~ ~ ~ ~--~ ~ 1 H Christie , CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Plaintiff, hereby certify on the ~~ _day of ~~~~ ~~~ , 2007, I served a copy of the within Reply to New Matter upon the following person by first class mail, postage prepaid, addressed as follows: E. Ralph Godfrey Esquire SALZMAN HUGHES, PC 354 Alexander Spring Rd. Suite 1 Carlisle, PA 17013 ~~ William L. Adler, Esquire ra o ~ ~~ rra [;, ° ~ ~~ ~. ; ~ -,- _ < ? ~ ~ v ~ ~ r ~ ._._ `z7 cn -< 4. 1 HARRY F. CHRISTIE and BARBARA CHRISTIE, Plaintiffs vs. WIRELESS AUTHORITY, INC, and TERRY DOLAN and SHERRY FLUKE Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4214 CIVIL ACTION -LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: E. Ralph Godfrey, Esquire, Counsel for the Defendants in the above action(s), respectfully represents that: 1. The above-captioned action(s) is at issue. 2. The claim of the Plaintiff in the action is $ 17,068.13. The counterclaim of the defendant in the action is: N/A. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: William L. Adler, Esquire Adler & Adler, P.C. PO Box 11933 125 Locust Street Harrisburg, PA 17108 THEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, P.C. Date: ' ~ ~Y 35~Alexai~ ring Road, Suite 1 Carlisle, PA 015 (717-249-633 ORDER OF COURT AND NOW, 2007, in consideration of the foregoing petition, ,Esq. and ,Esq. are appointed arbitrators in the above captioned action(s) as prayed for. By the Court, P.J. CERTIFICATE OF SERVICE AND NOW, this day of November, 2007, I, E. Ralph Godfrey, Esquire, of Salzmann Hughes, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the Petition For Appoint of Arbitrators this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: William L. Adler, Esquire Adler & Adler, P.C. PO Box 11933 125 Locust Street Harrisburg, PA 17108 ~~ rti~a !__ rr +_ J {.~ 1i ~ ~ i r > ,.' , . ~, a ' t.~cc." ".~ R 1 V~ -l „~ N r \ ~ , h HARRY F. CHRISTIE and BARBARA CHRISTIE, Plaintiffs vs. WIRELESS AUTHORITY, INC, and TERRY DOLAN and SHERRY FLUKE Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4214 CIVIL ACTION -LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: E. Ralph Godfrey, Esquire, Counsel for the Defendants in the above action(s), respectfully represents that: 1. The above-captioned action(s) is at issue. 2. The claim of the Plaintiff in the action is $ 17,068.13. The counterclaim of the defendant in the action is: N/A. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: William L. Adler, Esquire Adler & Adler, P.C. PO Box 11933 125 Locust Street Harrisburg, PA 17108 THEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, Date: By 35~ Alexa~r r. Carlisle, PA 015 (717-249-633 ORDER OF COURT P.C. Road, Suite 1 y~ ~ AND VOW, / t,Q'jJ~Q~~ 13 2007, in consideratio of the foregoing petition, i ~ ~ 1 ~,~ ,Esq. and Qm '~!~ , G sq.,are appointed arbitrators in the ' above captioned action(s) as prayed for. 4~(. ~ ~. C. ~cG he Court °``~ ' ,. r` `"~~7 J. d ~ Q ..~ ~, ~~- ~ `~ ~, ~ .v>~ C~ ~ o _ ~-_~ ~~ ~n N'i i ~~1~~ ~ ~~t~f~y. ~2 ~ ~ v ~• ~~~, Jot u~6 HARRY F. CHRISTIE AND IN THE COURT OF COMMON PLEAS OF BARBARA CHRISTIE, :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. WIRELESS AUTHORITY, INC. AND TERRY DOLAN AND SHERRY FLUKE, DEFENDANTS 07-4214 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2008, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Keith O. Brenneman, Esquire, Chairman, shall be paid the sum of $50.00. By the rt, Edgar B. Bayley, J. Keith O. Brenneman, Esquire '~ Court Administrator ~ (8~ ~y :sal a JabloB b~ ~ ~ ~~ ~ ~~ i :.~~ u.~ ~ tom. _,- ~ Uv ~~'' ;~ U c~+