HomeMy WebLinkAbout01-4704HARRY G. LINAH, JR.,
Plaintiff
TELEHUBLINK CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. o t-c/?t3~ CIVIL2001
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by 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
Two Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
Ric~it?k~ E~squi~re~¢
Attorney ID #28123
One West High Street
P. O. Box 1290
Carlisle, PA 17013
(717) 241-6363
HARRY G. LINAH, JR.,
Plaintiff
TELEHUBLINK CORPORATION,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. o~-StT'Ot/ CIVIL2001
COMPLAINT IN
ASSUMPSIT
AND NOW, comes the Plaintiff, Harry G. Linah, Jr., by and through his Attorney,
Richard P. Mislitsky, Esquire, and in support of this Complaint avers as follows:
1. The Plaintiff, Harry O. Linah, Jr., (hereinafter "Lessor) is an adult individual with
a business address of 1104 Trindle Road, Carlisle, Cumberland County, Pennsylvania. At all
times material hereto Plaintiff was the owner of the premises known as Suites 104 and 105, One
Valley Street Carlisle, Cumberland County, Pennsylvania.
2. The Defendant, TeleHubLink Corporation, is believed and therefore averred to be
a Delaware Corporation with its principle place of business at One Technology Drive, Suite 135,
Andover, Massachusetts.
3. In addition to the averment in paragraph 2, Defendant does business in
Pennsylvania through one of its Vice-Presidents, Randall K. Nichols, with an address of 131
Richland Road, Carlisle, Cumberland County, Pennsylvania 17013.
4. On or about July 1, 2000 Lessor and Lessee entered into a written Lease
Agreement for the premises, consisting of 1,500 square feet and known as Suite 105, One Valley
Street, Carlisle, Pennsylvania (hereinafter referred to as "Suite 105"). A copy of said written
Lease is attached hereto and marked Exhibit "A".
5. At about the same time and commencing at the same time, July 1, 2000, Lessor
and Lessee entered into a written Lease Agreement for the premises, consisting of 2,000 square
feet, and known as Suite 104, One Valley Street, Carlisle, Pennsylvania (hereinafter referred to
as "Suite 104"). A copy of the written Lease Agreement is attached hereto and marked Exhibit
6. Prior to occupancy by Lessee, Lessor caused and allowed said suites to be
customized to the specifications of the Lessee including, but not limited to, the floor plan
(layout) of the premises, the location of the internal walls, size of cubicles and offices, the
location and type of utility service, and the like.
7. For reasons hereinafter set forth, the customization set forth in the preceding
paragraph has resulted in damages to the Lessor and has prevented Lessor from subleasing or re-
renting said suites.
8. Pursuant to the Lease Agreement, Lessee occupied, used and rented both suites
and paid rent to Lessor beginning on July 1, 2000. The term of the Lease was three years ending
June 30, 2003, with annual increases in rent.
9. Lessee continued to occupy and pay rent to Lessor until Lessee, without prior
notice to Lessor, vacated both suites in November 2000.
10. On or about December 21, 2000, Lessor and Lessee, by correspondence dated
December 21, 2000, reaffirmed, among other things set forth in said document, Lessee's
obligations under the Lease including the Lessee's continued obligation to pay the agreed upon
monthly rent.
11. Lessee continued to pay the monthly rental on both suites to Lessor until June
2001 when Lessee ceased paying said rent.
12. Despite repeated requests for payment and despite written notice of default from
Lessor to Lessee, Lessee has refused to pay monthly rent and other charges due and owing to
Lessor from Lessee. A copy of Lessor's written notice(s) is attached hereto and collectively
marked Exhibit "C".
Lessee is in default under the terms of the Lease Agreements applicable to Suites
13.
104 and 105.
14.
As a result of Lesse's default, abandonment and non-payment of rem, the Lessor
has sustained damages and losses as herein set forth:
a. SUITE 105
June rent 1062.50
5% late charge 53.13
July rent 1187.50
5% late charge 59.38
August rent 1187.50
5% late charge 59.38
b. SUITE 104
June rent 1500.00
5% late charge 75.00
July rent 1666.67
5% late charge 83.33
August rent 1666.67
5% late charge 83.33
15. Pursuant to paragraph 24 of said Leases, in addition to the damages and losses set
forth in the preceding paragraph, Lessor is entitled to receive and Lessee is obligated to pay
1 ½ % interest on all monthly rent 15 days past due. Lessee has refused to pay past due rent and
has refused to pay any future rent. Lessor cannot specify the interest due and owing in that said
interest continues to accumulate on unpaid rent for both Suites 104 and 105. Lessor's damages
are therefore continuing.
16. In addition to the averments set forth in the preceding paragraphs hereof, and
pursuant to paragraph 24 of both Lease Agreements, the entire rent reserved for the full term of
each Lease has become due and owing and has heretofore been, and herein is demanded.
17. The entire rent reserved for Suite 105, beginning with the rent past due on June 1,
2001 through the end of the Lease terms on June 30, 2003 is as follows:
June 2001
July 1 to June 30, 2002
July 1 to June 30, 2003
1,062.50
14,250.00
15,750.00
TOTAL 31,062.50
18. In addition to the total figure 31,062.50 for Suite 105, Lessor is entitled to receive
and Lessee obligated to pay a 5% late charge per month and 1 ½ % interest per month for each
month until Lessee pays the indebtedness or the term of the Lease expires on June 30, 2003.
19. The entire rent reserved for Suite 104, beginning with the rent past due on June 1,
2001 through the end of the Lease terms on June 30, 2003 is as follows:
June 2001
July 1 to June 30, 2002
July 1 to June 30, 2003
1,500.00
20,000.00
22,000.00
TOTAL 43,500.00
20. In addition to the total figure 43,500.00 for Suite 104, Lessor is entitled to receive
and Lessee obligated to pay a 5% late charge per month and 1 ½ % interest per month for each
month until Lessee pays the indebtedness or the term of the Lease expires on June 30, 2003.
21. In addition, as referred to in paragraphs 7 and 8 hereof, Plaintiff/Lessor will suffer
and incur damages and other losses in order to remove and replace the customized interior space
as set forth in the aforesaid paragraphs. Lessor's damages and other losses cannot be ascertained
or specified at this time.
22. Plaintiff/Lessor has satisfied all conditions precedent and is not precluded from
taking legal action to collect damages, charges, fees and other losses arising from Lessee's
breach of both the aforementioned Lease Agreements.
23. While there is no duty to mitigate damages under a Commercial Lease
Agreement, Lessor has, at all times material hereto, attempted to sublease or re-rent both
properties but has been unable to do so due to Lessee's customization of said suites.
WHEREFORE, Plaintiff demands judgment against the Defendant as follows:
I. In the amount of 74,562.50 representing the amount due under the Lease
Agreements from Jun.e 1, 2001 to June 30, 2003;
II.
III.
IV.
In the amount of 413.55 representing late fees on past due rent from June 1 to
August 1, 2001;
Interest of 1 1/2 % per month from June 15, 2001 until Defendant pays the rent due
the Plaintiff;
Late charges of 5% on each month of unpaid rent until Defendant pays the rent
due the Plaintiff;
An as yet to be determined sum to be incurred by the Plaintiffto re-design both
rental suites.
Respectfully submitted,
Richard P Mislitsky, Esquire
Attorney ID #28123
One West High Street
P. O. Box 1290
Carlisle, PA 17013
(717) 241-6363
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unswom falsification to authorities.
/,-41,~RY G. LI~,,4'R.
LEASE
THIS AGREEMENT, made this day of ,2000, by and between
Harry G. Linah, Jr., of South Middleton Township, Cumberland County, Pennsylvania,
hereinafter called "LESSOR", and TeieHubLink Corporation, with its principal place of
business located at 24 New England Executive Park, Burlington, MA 01803, hereinafter
called "LESSEE", WlTNESSETH:
The Lessor, in consideration of the rents, conditions and covenants hereinafter
mentioned does demise and lease unto the Lessee, the premises situate in South Middleton
Township, Cumberland County, Pennsylvania, being a 1500 square foot area consisting of a
portion of the building known and numbered as 1 Valley Street, Suite 105, Carlisle,
pennsylvania, to have and to hold for the term of thirty-six (36) months, beginning on the 1st
day of July, 2000 and ending on the 30th day of June, 2003.
The Lessee agrees to pay the Lessor for the use and occupancy of said premises
and for the use of parking spaces to be designated by Lessor located on said premises, (more
fully discussed in Paragraph Four of this Agreement) a total rental of at least Forty-two
Thousand Seven Hundred Fifty and 00/100 ($42,750.00) Dollars, specified in Paragraph 17,
plus any additional rent due and owing occasioned by a change hereinafter specified in
Paragraph 18 due to any adjustments in the monthly rental, all of which rent shall be payable
in monthly payments as follows:
Lessee shall pay to Lessor the sum of $1,062.50 a month rent beginning July 1, 2000
or upon the execution of this lease, whichever shall first occur, in advance on or before the
first day of each month during the term of this Lease. The Lessee's rent in the second year of
this lease would increase to $1,187.50 payable monthly. The Lessee's rent in the third year of
this lease would increase to $1,312.50 payable monthly.
Upon execution of this lease a security deposit in the amount of $1,062.50, shall be paid
by Lessee to Lessor receipt of which is acknowledged. Upon execution of this Lease, lessee
shall pay to Lessor the first month's rental payment. All or a portion of the Security Deposit
shall be retained by Lessor on account of damages to the premises and any balance or
remainder of such deposit due to Lessee shall be returned to Lessee by Lessor in accord with
the laws of the Commonwealth of Pennsylvania upon the termination of this lease and
vacation of the premises by Lessee in accord with law. Nevertheless, no interest shall be
imputed or credited to Lessee on account of the security deposit. Lessee specifically waives
any such credit or accounting. The security deposit may not be used by Lessee to offset rent,
but may be credited to Lessor as Lessor's sole option on account of rent if rent is due and
owing at the end of this lease.
As a further consideration for the use and occupancy of said premises the Lessee
agrees to faithfully keep and be bound by the following covenants, conditions and agreements,
to wit:
1. The premises shall be used for a professional office space and related
activities facility only and for no other use without the prior written consent of the Lessor,
such consent not to be unreasonably withheld and upon use for any purpose not approved by
the Lessor, this Lease shall terminate and the entire rent reserved for the full term of this
Lease remaining unpaid shall become due and payable at once, unless the use of the premises
is corrected within the grace period specified in Article 20 of this Lease.
2. The Lessee shall not transfer, assign or sublet the premises or any part
thereof without the prior written consent of the Lessor unless such sublease is extended to a
subsidiary or division of Lessee engaged in substantially the same business as Lessee. Prior
written consent will not be unreasonably withheld by Lessor in favor of Lessee.
3. No sign, plaque, advertisement or notice shah be inscribed, painted, erected
or affixed on or to any part of the outside of the demised premises unless same shall be first
approved by the Lessor, including the type of sign, plaque, advertisement or notice and the
location thereof. Such approval not to be unreasonably withheld. Any and ah municipal
approvals for such signs shall be obtained by Lessee at Lessee's sole expense.
4. Included in the lease and referred to in Paragraph One at no additional rental
the Lessee shall have the right to park automobiles in the front parking area of the building.
In the event that the Lessee should be permitted to sublet a portion of said premises, with the
written consent of the Lessor as provided for in this lease, no additional parking space shall be
provided for the sub-tenant. All parking shah be subject to the reasonable rules, regulations
and controls of the Lessor in order that the entire parking lot may work smoothly and
efficiently and may be changed at any time by the Lessor.
5. The premises are to be kept and maintained in as good repair and condition
as at present, and at the expiration or termination of this Lease, they are to be surrendered in
like repair and condition, reasonable wear and tear, natural wear, and damages happening by
storm and other casualties caused by nature excepted. In the event that the premises are not
in such repair and condition, the Lessor may, at it option, restore the premises to such repair
and condition. The costs of such restoration shall be paid by the Lessee as additional rent due
and owing under this Lease.
6. The Lessee will pay for twenty (20 %) percent of the water and sewer
consumed at the entire building and any other utilities for the use of the Lessee shall be
separately metered. Trash removal for the Lessee shall be provided by the Lessee.
7. The premises are to be kept in a clean and sanitary condition, and the Lessor
shall not be required to furnish any janitorial service.
8. Nothing shall be done upon the premises contrary to the conditions of the
policies of insurance upon the building whereby the hazard may be increased or the insurance
invalidated. The intention of the parties is that Lessee is not to engage in hazardous or
dangerous activities which would cause the above conditions to occur.
9. The Lessee shall not make any alterations, additions or improvements
without Lessor's prior written consent and all alterations, additions, or improvements made by
either of the parties hereto upon the premises, except movable and detachable office
furnishings and equipment put in at Lessee's expense, shall be the property of the Lessor and
shall remain upon and be surrendered with the premises, as a part thereof, at the termination
of this Lease without molestation or injury.
10. Lessor will supply electrical services, including necessary meters, to a point
within Lessee's premises where Lessee's hookups can be made. Lessee shall clean and
maintain rest room facilities for the use of Lessee and its invitees.
11. The cost to remove, remediate or encapsulate if permitted by code, any
hazardous or toxic material which may now exist on or about the premises or be brought on
to the property by Lessor, its agents, employees, contractors or invitees are Lessor's
responsibility. Any hazardous or toxic material brought to the premises by Lessee, its agents,
employees, contractors or invitees shall be the responsibility of Lessee and Lessee covenants
not to knowingly do so or permit same.
Lessor represents and warrants to Lessee that as of the commencement date
and to the best of Lessor's knowledge there are no hazardous substances on the premises.
Lessor has received no notice from any governmental or private entity relating to hazardous
substances on the premises. Lessee shall promptly deliver to Lessor copies of all notices made
by Lessee to, or received by Lessee from any state, county, municipal or other agency having
authority to enforce any environmental law ("Enforcement Agency") or from the United
States Occupational Safety and Health Administration concerning environmental matters or
hazardous substances at the premises. Lessor shall promptly deliver to Lessee copies of all
notices received by Lessor from any Enforcement Agency or from United States Occupational
Safety and Health Administration concerning environmental matters or hazardous substances
at the premises.
Lessor shall indemnify and hold harmless Lessee from and against any and all
claims, liabilities, penalties, fines, judgments, forfeitures, losses, costs (including dean-up
costs) or expenses (including attorney's fees, consultant's fees and expert's fees) for the death
of or injury to any person or damage to any property whatsoever, arising from or caused in
whole or in part, directly or indirectly, by (a) the presence prior to the commencement date in,
on, under, or about the premises of any hazardous substances; (b) any discharge or release
prior to the commencement date in or from the premises of any hazardous substances; (e) the
use, storage, transportation, generation, disposal, release or discharge of hazardous
substances by Lessor or Lessor's prior lessee(s) prior to the commencement date, to, in, on,
under, about or from the premises; (d) Lessor's failure prior to the commencement date to
comply with any environmental law; or (e) any hazardous substances to the extent not due to
any act or omission of Lessee or its agents, servants, employees, guest, invitees and/or
independent contractors.
12. Lessor will conform with all applicable laws and regulations concerning the
exterior of the building and perform any work in the interior of the building that may be
required by applicable laws and regulations.
13. Lessor will maintain fire and other casuaity insurance on the building but
does not assume the risk for the liabilities and contents of Lessee which are mentioned as the
items to be insured against elsewhere in this Lease Agreement.
14. Lessor will maintain the grounds and parking lot of the building, including
lawn care and prompt snow removai in accord with reasonable practices and schedules.
15. Lessee intends to use existing common sign structure upon which Lessee
shall be identified in the same manner as other tenants and Lessor agrees that Lessee shall
have adequate identification of his business which signs shall permit adequate identification of
the Lessee's business in accord with any approvais and ordinances of South Middleton
Township.
16. Lessee shall give Lessor prompt written notice of any accidents to, or
defects in, the water pipes, electficai wiring, heating and air conditioning apparatus, or any
other defects which may cause damage to the interior or exterior of the premises. If such
notice is given to the Lessor by the Lessee, the Lessor shail be responsible for correcting and
repairing same, including any damages which may have been caused to the interior wails,
floors and ceilings. The Lessee, however, shall be responsible for replacing electric light
bulbs, outside glass which has been broken from the inside or outside, and any damage caused
by any equipment which Lessee may install or by any damages due to renovations of the
premises accomplished by Lessee aider the initiai renovations are done by the Lessor in accord
with Schedule A. No dirt, refuse or any other substance shall be thrown or let~ lying on, in
and around the premises.
17. At the end of each twelve (12) months of this Lease, rent shall be
recalculated and increased to reflect an increase. After the first year of this lease, this
computation and rental adjustment and increased rental due by Lessee to Lessor shall be made
on an annual basis for the duration of the Lease term and any holdover period or tenancy in
accord with paragraph 18 of this Lease. The Lessee's rent in the second year of this lease
would increase to $1,187.50 payable monthly; the third years rent would increase to
$1,312.50 payable monthly.
18. Any holding over by Lessee beyond the term of this Lease may, at the
option of the Lessor, be deemed to be a renewal of this Lease for a period of one year on like
terms and conditions, unless otherwise mutually agreed upon, except that rent shall increase
by ten percent over and above the then current monthly rental payment. Said rent shall
increase by ten percent annually for each hold over year of said lease.
19. No showcase, sign or hanging or protruding sign or permanent obstruction
of any kind shall be kept or maintained by the Lessee in front of the premises, without the
express written consent of the Lessor, same to be used only for the purpose of ingress and
regress to the premises.
20. All rent paid hereunder shall be paid by check or otherwise to the order of
Harry G. Linah, Jr., and delivered or mailed to an address to be specified by Lessors upon
execution of this lease, or such other person or place as may be directed by the Lessor. All
notices given in accordance with this Lease shall be made in writing and mailed to the Lessor
and/or Lessee at their respective addresses specified in the Exhibit "B" attached to and made
a part of this lease or such other person or place as may be directed by the parties.
21. The Lessor expressly reserves the right to enter upon the premises at
reasonable times and upon reasonable advance notice to Lessee if practicable, for emergency
purposes or to show the same to prospective purchasers or tenants and may display "For
Rent" or "For Sale" signs thereon. Lessee shall have the option of having an agent or
employee present upon all such entries by Lessor. Notwithstanding this provision for notice
to Lessee, Landlord shall have a right to enter the premises in emergency situations without
prior notice to Lessee.
22. As between the Lessor and the Lessee, Lessor shall be liable for any
damages or injuries to any person or property at any time during the term set forth herein
which occurs outside of said premises, except to the extent caused by the negligence or willful
misconduct of Lessee, its agents, servants, and employees and Lessor agrees to indemnify
Lessee as to liability for damages or injuries to any person or property which occurs outside of
said premises and arising fi.om the negligent acts or willful misconduct acts of its agents,
servants and employees which occur upon the Lessee's premises. Lessee shall be liable for
any damages or injuries to any person or property at any time during the term set forth herein
which occurs inside said premises and Lessee hereby agrees to indemnify and save harmless
the Lessor fi.om such liability, except as such as may be caused by an ACt of God or the failure
of the portion of the structure or any equipment for which the Lessor has maintenance
responsibility or was caused through Lessor's own acts. The Lessee shall maintain liability
insurance in the amount of $1,000,000.00 for personal injury and $1,000,000.00 for property
damage for each occurrence on said premises.
23. In the event that the premises is totally destroyed or so damaged by fire or
other casualty not occurring through fault or negligence of the Lessee or those employed by
or acting for it, that the same cannot be repaired or restored within a reasonable time, this
Lease shall absolutely cease and determine, and the rent shall abate for the balance of the
term. If the damage caused as above be only partial and such that the premises can be
restored to its prior condition within a reasonable time, the Lessor may, at its option, restore
the same with reasonable promptness, reserving the right to enter upon the premises for that
purpose. The Lessor also reserves the right to enter upon the premises whenever necessary to
repair damage caused by fire or other casualty to the building of which the premises is a part,
even though the effect of such entry be to render the premises or a part thereof untenantable,
Lessor shall use best effort to avoid disturbing Lessee's business or use of said premises.
In either event the rent shall be apportioned and suspended during the time the
Lessor is in possession, taking into account the proportion of the premises rendered
untenantable and the duration of the Lessor's possession.
Notwithstanding the foregoing, if Lessor shall fail to repair and restore the
premises within 120 days fi.om the date of the damages or destruction, Lessee may terminate
this Lease and rent shall abate from the date of the damage or destruction through the end of
the term.
24. If default shall be made in the payment of any rent after the same becomes
due for more than ten days a late charge of five per cent (5%) of the unpaid rent shall be due
and owing by Lessee to Lessor in addition to the unpaid rent or portion thereof and if after
fifteen (15) days, such rent or portion thereof is unpaid, interest shall accrue on the unpaid
sums of money due and owing to Lessor by Lessee at the rate of one and one half per cent
(1.5%) per month on the outstanding balance until said amounts due and owing are paid in full
and if within thirty (30) days of the date of written notice thereof given by the Lessor to the
Lessee by ordinary mail, the rent is not paid, or in case of a breach or evasion or any attempt
to break or evade any of the covenants or conditions of this Lease, the entire rent reserved for
the full term of this Lease shall become due and payable at once and may forthwith be
collected by distress or otherwise, and at the same time the Lessor may forfeit and annul the
unexpired portion of the Lease and enter upon and repossess the said premises with or
without process of law and without giving any notice whatsoever, and if the Lessee shall
become insolvent, make an assignment for the benefit of creditors, commit any act of
bankruptcy, or file a voluntary petition in bankruptcy, or any involuntary petition in
bankruptcy be filed against said Lessee, all the rent reserved for the full term of this Lease
shall become due and collectible immediately by distress or otherwise.
25. This Lease shall be binding upon the executors, administrators, heirs
successors and assigns of the parties hereto and will survive any transfer of ownership of
either the property or of the Lessee.
llq WITNESS WllE, REOF, intending to be legally bound hereby, the parties
hereto have duly executed this Agreement the day and year first above written.
'~'mce W. Young, Presiden"~ ~,~
TeleHubL~k_~. o
EXHIBIT "B"
All notices to Lessor together with all rental payments shall be presented to
Lessor at the following address until a new m~'mg address is provided by Lessor to
Lessee:
Harry G. Linah, Jr.,
1104 Trindle Road
Carlisle, PA 17013
All notices to Lessee shall be presented to Lessee at the following address until a
new mailing address is provided by Lessee to Lessor:
TeleHubL'mk Corporation
24 New England Executive Park
Burlington, MA 01803
THIS AGREElVl~N"f, made this day of ,2000, by mcl bet-w~en
Harry O. Linah~ Jr., of South Middletun Township, Cumberland County, Pcnnsylvarfia,
hereinafter called "LESSOR~, and TeleHubLink Corporation, with its principal place of'
business located at 24 New England Executive Park, Burlington, MA 01 ~03, hereinafter
call~d 'LESSEE', WITNESSETH:
The Les.qor, in consideration of the rents, conditions and covemmts hereinafter
mentioned do~s demise and lease unto ~be Lessee. the premises situate in South Midclleton
Township, Cumberland County, Pennsylvania, being a 2000 square foot area consisting ora
portion oft. he building known and numb~aed as 1 Valley Street, Suhe 104, Carlisle,
Pennsylvania, ~o havo and to hold for the tram of'thirty-six (36) months, begimaing on the I st
day of Suly, 2000 and ~mding onthe 30th day of June, 2003.
The Lessee agrees to pay thc L~,ssor for the ase and ocarpancy of said premises
and for the use of parking Sl~eS to be designated by Lessor loeamd on said premises, (more
fully discussed in Paragraph Four of this A.g~ement) a total rental of at least Six-ly Thousand
and 00/I 00 $60,000.t30) Dollars, specified in Paragraph 17, plus any additional rem due and
owing occasioned by a change hereinafter spec/tied in Paragraph 18 due to may adju~h~ats in
the monthly rental, all of which rent shall be payable in morahly payments as follows:
Lessee shall pay to Lessor the sum of $1,500.00 a month rent l:~ivnlng July I, 2000
or upon the execution of this lease, whichever shall first occur, in advance on or before the
first day of each month during the term of'this Le~¢. The Leach's rent Lq the second ye~xr of
this l~ase would increase to $1,666.67 payable monthly. The Les~ee's rent in the third year of
this l~e would increase to $1,g33.33 payable monthly.
Upon exomtion of'this lease a security deposit in the amount of $1,500.00, shall be paid
by ~e to Lessor receipt of which is acknowledged. Upon execution of tiffs Lease, lessee
shall pat' to Lesser the first month% remai payment. All or a portion of the Security Deposit
shall be retained by Lessor on account of damages to the premises and any balance or
remaiader of tach deposit due to Lessee shall be returned to Lessee by Lessor in accord with
the laws of the Commonwealth of Peamsylvania upon the termination of this lease and
vacation of the premises by Lessee in accord with law. Nevertheless, no imerest shall be
imputed or credited to Lessee on account of the security deposit. Lessee specifically waives
any such credit or accounting. The security deposit may not be used by Lessee to offset rent,
bm may be credited to Lessor as Lessors sole option on account of rem it'rent is due and
owing ~t the ~ud of this lease.
As a further consideration for the u~ and oc~upanoy of'said premise~ the Lessee
agrees to faith_C-ull¥ lc~p and be bound by the following covenants, conditioas and agreem~mts,
to wit:
1. The pr~ni~es shall be used for a professional office spac~ and related
activities facility only and for no other use without the prior ~,ittcn consent of the Lessor,
such consent not to be un~easonably withheld and upon usa for any purpose not approved by
the Lessor, this Leaso shall te~ninate and the entire rent reserved for the ~ term of this
Lease remaining unpaid shall become due and payable at one, unless the use o£the premises
is corrected within the grac~ period specified i~ Article 20 of this Lease.
2, The Lessee ~hali not ~, assign or sublet the premises or any part
thereof without ~e prior written cou~xt of the Lessor unless such sublease is e~Ctended to a
subsidiary or division of Lessee engaged in substauti,ny the same business as Lessee. Prior
written consent will not be unreasonably withheld by Lessor in favor of Lessee.
3. No ~ign, plaque, advertiseraent or uofice shall be inscn'bed, paiuted, e~'ected
or ~f~xed on or to any part of the outside of tlae demised premises unless same shall be fa~t
approved by the Lessor. including the type o£ sign, plaque, advertisement or notice and the
location thcreo£ Such a~p~oval n~ to be unreasonably withheld. Au3, and aJ~ municipal
approvals tot such sig~ shall be obtained by Lessee at Lessee'$ sole expense.
4. Included in the lease and referred to in Paragraph One at ao additional re~tal
the Lessee ~fT have the rigl~t ~o park automobiles in the fi.om parlfi~ area of the buading.
Ia the event that the Lessee should be penn. ed to sublet a portioa of said premises, with the
written c~nsent of thc Lessor as provided for in this lea~e, no additional pa~k~g space shall be
provided for the sub-tenant All pa~king shall be subject to the reasonable rules, teg, d~ons
and controls of the Lessor in order tl~ the entire parking lot may work smoothly and
efiicieraly and may be cbaaged at any tLme by the Lessor.
$, The premises are to be kept and m~int~l~[ in a~ good £epair mad Corldi~infl
as ~t preseaL a~cl at the expka~on or termmalion of this Lea~e. they are to be surrendered in
like repair and eond~on, reasonable wear and tear. natural wear, ~ud damages happen~g by
storm and other casualties caused by nature excepted. Ia the event that the prer~ses are not
in such repair and conctition, the Lessor may~ at it option, restore the premises to such repair
and eoadltion. The cost~ o£~uch restoration shall be paid by the Lessee as additional rent due
and ow~g under thi~ Lease.
5. The ~ w~l pay for ~ (20 %) perce~ of thc w~er and
consumed ~ ~e ~ ~ ~d ~y o~es ~ for ~he u~ of the ~e ~ be
s~ately m~er~. ~h r~ for ~ ~ s~ be ~o~d~ ~ ~ L~.
~ ~ be ~ to ~ ~yj~ ~.
8. N0thin~ sh~ be do~ u~n ~ p~ co,,~ to ~e ~n&fions of~e
~ of~ ~on ~ ~g wh~y ~ bzT~ my ~ m~ or ~v
~v~i~. ~e i~6on of~e p~ is ~a L~ is not to ~g~ in bz~_~ous or
d~s ~des w~ w~d ~ ~e ~o~ ~n~o~ to ~.
9. ~e ~ ~ ~t ~e ~y at~6o~, ~6o~ or ~rov~
~ ~fs prior ~ ~ ~ ~ ~o~ M~o~, ~ ~pro~ts m~e by
ei~ of the ~ h~ u~n ~e pr~ ~ ~v~l~ ~ d~lc offi~
~gs ~d ~ ~ ~ ~ ~'s ~, sh~ ~ ~e pr~ of ~e ~r
of~ ~ ~o~ mole~on or init.
~n L~'s ~ wh~ L~s h~ps ~ be mme. ~ $h~lI ~]~ ~
~ ~ room fa~6~ for ~e u~ 0f~ ~d its ~.
11. ~e co~ to r~ove, r~ae or zncap~ ~p~ by ~e, ~y'
h~dous or tofic mal~ w~ch ~y now e~t on or ~o~ ~e pr~ or be brou~t on
to ~e ~op~y by L~r, its ~ ~ploy~, ~ors or ~t~s ~e ~or's
rc~l~. ~y h~ or to~c ~ broug~ to ~e pr~ by ~ i~s ~ls,
employes, ~a~ors or ~t~s ~ be tM rc~o~ ofL~ ~d L~
no! lo knowingly do so or p~rnit same.
Lessor represents azld warrants to ~ that as of the commencement ~te
~d ~o ~e b~t of~fs ~owled~e ~e ~e no h~rdous ~b~c~ on ~e p~.
L~r h~ re~ ao nofi~ ~om ~y gov~ or ~e ~t~ rela~ to ~dous
sub~s on ~e pr~. ~e ~ ~ompfly de~ to Les~r ~pi~ of~ no6~ m~e
by L~ to, or r~ by ~ ~m ~ ~e, ~u~, ~p~ or o~ ~ ~g
~o~ ~o e~or~ ~ ~o~ ~ (*E~re~t ~) or ~om ~e
~do~ ~b~ a~ ~ pr~s. ~or ~ pr~fly d~v~ to L~e ~
~ ~d H~ Ad~i~ ~n~g ~o~e~ m~s or ~do~ ~b~
~r ~ ~d~ ~ ~ld ~ ~ ~m ~d ~ ~y md
~) or ~s ~nelu~g ~m~s f~ ~n~'s f~ ~ ~'s fees) for ~e
of or ~ ~o ~y ~ or d~ge to ~ prop~ ~, ~g ~ or cau~d
whole or ~ p~ d~y or ~y, by (a) ~ pr~ prior ~o ~e eo~e~t d~e
o~ ~d~, or ~o~ ~e p~ of~y ~rdou~ ~b~ ~) ~ ~seh~o or reI~
prior to ~e eo~en~t d~e ~ or ~om ~e ~ of~ h~dous ~bs~ (e) ~e
u~, ~or~e, ~po~o~ g~o~ di~o~, r~ or ~h~ge of~o~
~b~ by Le~r or ~f~ prior ~e~e~s) prior to ~e ~eem~ dat~ to, ~
~ly ~ ~y ~ro~t~ law; or (e) ~ ba~rdo~ ~b~e~ to ~e ~t no~ due
~y a~ or o~on of~ or i~ ~, ~t~ ~plo~, ~e~ ~ ~or
~d~d~t eon~a~o~.
12. Lessor will conform with all applicable laws and regulations concerning the
exterior of the building and perform any work in the interior of the building th~ may be
required by applicable laws and
13. Lessor will maintain fire and other casualty insurance on the building but
does not assume the risk for the liabilities and contents o£Lessee which are mentioned as the
items to be insured against e/~-wher~ in this Lease Agr~ment.
][4. Lessor will maintain the grounds and parking lot of the building, including
~awn care a~.d prolr~t snow removal in ace, oral ~ r~sOrmh~¢ practices a/ici
15. ~ intends to us~ e~ist~g Common sign structure upon whicl~ ]Levee
shall be ide~iied in the same r~sn~er as other tenams and Lessor agrees that Lessee
have adequate identification of his business which signs shall p~r:~ adequ~to idcmification of
the Lessee's business in accord with any approvals and ord~nsmC~ of South Middleton
Township,
16. Le~c~ sb~l! ~V¢ Lessor prompt w~itteo notice of any accidents to, or
defects in, Uhe water pipes, electrical wiring, hea6ng and a~r conditioning apparatus, or any
other defects which may ~v. se damage to the interior or exterior of the pren~ses. If such
not~c~ is given to thc Lessor by the Lessee, the Lessor shall be responsible for correcting and
repairing same, including any damages which may have beva caused to the interior wails,
floocs and ceilings. The Lessee, however, shall be responsible for replacing electric hght
bulbs, outside ~lass which has been broken from the inside or outside, and any damage c~used
by any equipment which Lessee may install or by any damages due to renovaxions of the
premises accomplished by Lessee ~e~ the initial renovations arc done by the Lessor in accord
with Schedule A_ No dirt, refuse or any other substance shalI be thrown or IeR Iy/n8 on~ in
and around the premises.
17. At the end of each twelve (12) months o£thi~ Lease, rent shall be
recalculated and increased to reflect an increa~. A.Rer thu first year ofth/s lease, this
computation and rental adjusUnent and incr,,seal rental due by Lessee to Lessor shall tm made
on an aramal basis for tl~ duration of the Lease term and any holdover period or tenancy in
accord with paragraph 18 of this Lease. The Lessee's r~at in the second y~r of this lease
would increase to $1,666_67 payable monthly; the third years rcmt would increa.~ to
$I,833.33 payable monthly.
18. Any holding over by ]Less~ beyond the term of'this Lease may, at the
option of the Lessor, be deemed to be a renewal of this Lease for a p~riod of one y~u' on like
t~rms and condition.% malcss otbet~s~ mutually agre~l upon, exe, ept that ,~ui shall increase
by tan pincent over and above the then current monthly nmtal payment. Said rent shall
increase by tea percem annually for ~ hold over y~ar of'said lease.
19. No showcase, sign or hanging or protruding sign or perman~rt obstruction
of'any kind shall bi: kgpt or maintained by the Lassie in front of'the pr~ni_~-s, without the
express written consent of the Lessor, same to be used only for the purpose of ingress and
regress to the premises.
20. All rent paid hereunder shall be paid by check or otherwise to the order of
Harry G. Linak, Ir., and delivered or mailed to an address to be sp~-'ified by Lessors upon
execution o£thig lease, or such other person Or pla~e as may be directed by the Lessor. All
notices given in accordance with this Lease shall be made in wriling and ms;led to the Lessor
and/or I~ssee at their respective addresses ~ad in the Exhibit '~B' attached to and made
a part of this lease or such other person or place as may be dirge:ted by the parties.
21. The Lessor expressly reserws the right to enter upon the premises at
reasonable times and upon r~.sonabl¢ advance notice to Lessee if practicable, for emergency
purposes or to show the same to prosper'tire puteh~,rs or tenants sad may display "For
Rent' or "For Sale' sig~s thereon. Less~ shall have the optiou of haVing an agent or
employee present upon all such ~ries by Lessor. No~vkhstanding this provision for notice
to Lessee, Landlord shall lmve a fight to ente~ the premises m ~mergeney situations without
prior notice to Lessee.
22. As between the Lessor and the Lessee, Lessor shall be liable for any
damages or injuries to ~ay person Or property ~t any time during the te~ ~u set forth herein
which occurs outside of said premises, except ~o the extent ea~s~d by the negligence or will~ul
misconduct of Lessee, ks agea~ servants, and c~aployees axed Lessor agrees to indemnify
L~ee ~ to liability for damages or injuxies to any person or property which occurs outside of
said premisc~ and arising fi-om the negligent a~ or willful misconduct ac~s of ks agents,
servants and employees which o~cur upon the Lessee's premises. Lessee shall be liable for
any dan~ages or injuries to any person or property at any ~ &uing the term s~t forth herein
which occurs irmkle said premises a~d Lessee hereby agrees to inde~..,.;fy mad save harmless
the Lessor fi-om such liability, except a~ such as may be caused by an Act of'~ or the f~u.re
of the portion of the stn~ctu~e or any equipme~ for which the Lessor ha~ m~;~tenanee
responsibility or was caused through Le~ofs own acts. The Lesr~e shall maintain liability
insurance in the amou~ o£$I,000,000.00 for personal injury and $~,,000,000.00 for prop~y
damage for each occurrence on said pr~axir~-~.
23. In the event that the premises i~ totally destroyed or so damaged by fire or
other ea.s~lty not occu~ng t~ough f~t or negligence of the Lesse~ or those employed by
or acting for it, that the same cannot be repaired or restored within a reasonable t~0ae, this
Lea~e shall absolutely cea~ mad determine, and the rent shall abme for the balance o£the
tenn. /-f the damage caused a~ above be only partial and such that the premises can be
restored to its prior condition within a reasonable time, the Lessor may, at its option, restore
the same v,4th rea~onabIe promptness, reserving the right to enter upon the premises for that
purpose. The Lessor also reserves the right to ertter upon the premises whenever necessary to
repair damage caused by ~ or other casualty to the building of which the premises is a part,
even though the effect of such entry bo to r~lder the pce~ids~s or a part thereof untenantable,
Lessor qhal! u~e b~st effort to avoid distufoing Lesse~'s btuiness or use of said prmrases.
In e/ther event the rent shall be apportlon~d mid suspended dur/ng the time the
Lessor is in possess/on, tak/n~ hxto account thc proportion of'the premises rendered
unte~sntable and the ~-aiio~ o£the L~sor's possession.
N'orwithstanding the f'orego/n~, if Lessor r~,ll fail to repair and r~tore :he
prew./ses with/n 1:20 days from :he date oftbe damages or deslruct/on, Le~__~ee may term/nale
tiffs Lease and rent shall abate from the da~e of the damage or destruclion hkrough the end of
the term,
74. If default shall be m~a~, in the payment of any rent at, er the same becomes
due for more than ten days a late charge o£~rve per ce~ (5%) of the u~paid rent shall be due
and owing by/.~see to Lessor in addition to the unpa/d rent or portion thereof and if~
f:ffie~n (15) days, ~ refit or portion thereo£is unpaid~ interest shall accrue on the unpaid
sums of'money due and owing to Lessor by Lessee at the rate of one and one ball per cent
(I .5%) per month o~ the otlts~anding balance until said amounts due and owln8 are paid/n full
and Lt'within thirty (30) days of the date of vaitten notice thereof'given by the Lessor to :he
Lessee by ordinary mail, the ren~ is not paid, or in case of a br~acb or evadon or any at:eml:n
to break or evade any of the covenants or conditions o£:h/s Lease, the entire rent reserved for
~he full term of':h/$ Lease shat! become due and payable a~ once and may forthwith be
collected by d/stress or otherwise, and a: thc same time the Lessor may forfeit and annul the
unexpired portion of the Lease and enter upon and repossess thc said premises with or
without process of'law and without giving any nolice wbalsoever, and if the Lessee sba/1
become insolvent, make au assiillment for the benefit of creditors, commit any act o/'
bankruptcy, or file a voluntary petition in bankruptcy, or any involuntary petition in
bankraptcy be flied against ~aid Less~, all the rem reserved for the fidl term of this Lea~
shall become due md ¢o11~o1~ immodiately by distrc-~ or otherwise.
25. This Lease ,~i~all be binding upon thc exea.,tors, atlmha~slralror~ heirs
mcces,qors and asd~m~s of the parties lau-reto and will survive ~ny mms/'~ of ownership of'
e/ther the property or of the l.~ee.
IN W~ Wi~,EOF, intending to 1~ l~vally bound hereby, the parties
hereto lmve duly executed tl~ Agreement the day and year ~ ~t above wriiiaz
All notices to L~ssor together w/th all rental payments shah b~ pre~m~ed to
Lessor at ~h¢ follow/n~ address ,mt/I a new m~ling address/s pr~v/ded by ~.~lsor to
Less~:
Hany O. I i,,,h, Jr.,
1104 Trindle Road
Carlisle, PA 17013
All notices to Lessee shall be presented to Less¢~ at the t'olloadng address until a
nevi rnaili,~g address is provided by Lessee to Lessor.
TeloHubLink Coq)oration
24 New England Executive Park
Burlh~_o~on, MA 01803
V. SO, C.
HARRY O LINAH JR
1104 TRINDLE ROAD
CARLISLE,PA 17013
Invoice
DATE' INVOICE #
7/17/2001 200280
BILL TO
TELEHUBLIlXlK CORPORATION
DOUGI~g MILLER
24 New england executive park
Burlington,MA 01803
QUANTITY
JUNE 45 DAYS PAST DUE
JULY RENT PAST DUE
AUGUST
DESCRIPTION
P.O. NO. TERMS PROJECT
RATE AMOUNT
2,562.50 2,562.50
2,855.17 2,855.17
2,855.17 2,855.17
Total
NOTICE IS GIVEN THAT YOUR LEASE IS OVER 30 DAYS PAST DUE .....
$8,272.84
VALLEY STREET OFFICE CENTER
HARRY G LINAH JR
1104 TRINDLE ROAD
CARLISLE,PA 17013
Invoice
DATE INVOICE #
3/16/2~0! 98745
BILL TO
TEL~-~-LI]qK CORPORATION
Douglas A Mil]ex
24 New England Executive Park
Burlington,MA 01803
P.O. NO. TERMS DUE DATE PROJECT
4/1/2001
SlJlt/z 104
SUITE 105
DESCRIP~ON AMOUNT
1,5~.~
1,~2.50
Total $2,562.50i
LINAH RENTAL
1104 TRINDLE ROAD
CARLISLE, PA 17013
Invoice
DATE i INVOICE
3/27/2001 i 200187
BILL TO
TELEHUBLINK CORPORATION
DOUGLAS MILLER
24 New england executive park
Burlington,MA 01803
P.O. NO. TERMS ] PROJECT
QUANTITY DESCRIPTION RATE AMOUNT
SUITE 104 MARCH 1,500.00 1,500.00
SUITE 105 MARCH
LATE FEE
sUTrE 104
SUITE 105
1,062.50
128.12
1,500.00
1,062.50
1,062.50
128.12
1,500.00
1,062.50
Tota I ,5,2s3 ~ 2
VSO, C
HARRY G LINAH JR
1104 TRINDLE ROAD
CARLISLE,PA 17013
Invoice
DATE I INVOICE #
4/20/2001 200197
SILL TO
[ TELEHU~L1NK CORPORA/ION
[ DOUGLAS MILLER
24 New england executive park
Burlmgton,MA 01803
Due on receipt
P.O. NO. I TERMS PROJECT
QUANTITY DESCRIPTION RATE AMOUNT
LATE FEE MARCH
APRIL SUITE 104
APRIL SUITE 105
LATE FEE APRIL
MAY 104
MAY 105
128.12
1,062.50
1,500.00
128.12
1,062.50
1,500.00
128.12
1,062.50
1,500.00
128.12
1,062.50
1,500.00
$5,381.24
Total
V. SO.C
HARRY G LINAH JR
1104 TRINDLE ROAD
CARLISLE,PA 17013
Invoice
DATE ? - INVOICE #
-1
5/16/2001 200276
BILL TO
I TELEHUBL1NK CORPORATION
DOUGL4S MILLER
24 New england executive park
Burlington,MA 0 803
P.O. NO. TERMS PROJECT
Due on receipt
QUANTITY DESCRIPTION RATE AMOUNT
SUITE 104 MAY
SUiiIz 105 MAY
SUIIE 104 JUNE
SUITE 105 JUNE
LATE FEES NOW DUE ON MARCHJ~PRIL A.ND MAY
1,062.50
1,500.00
1,062.50
1,500.00
384.36
Total
1,062.50
1,500.00
1,062.50
1,500.00
384.36
$5,50936
V, S. O. C.
HARRY G LINAH JR
1104 TRINDLE ROAD
CARLISLE,PA 17013
Invoice
DATE INVOICE #
6/12/200 l 200278
BILL TO
TELEHUq3LINK CORPORATION
DOUGLAS MILLER
24 Ne,.,., england executive park
Burlington,MA 01803
P.O. NO. TERMS
PROJECT
AMOUNT
QUANTITY
DESCRIPTION
SUITE 104 JUNE
SUITE 105 JUNE
JUNE IS NOW DUE
SUITE 104
SUITE 105
JULY IS DIJE ON JULY 1
RATE
1,062.50
1,500.00
0.00
1,187.50
1,666.67
1,062.50
1,500.00
0.00
1,187.50
1,666.67
,Total $5,416.67
SHERIFF'S RETURN
CASE NO: 2001-04704 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LINAH HARRY G JR
VS
TELEHUBLINK CORPORATION
- REGULAR
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
TELEHUBLINK the
DEFENDANT , at 0921:00 HOURS, on the 20th day of August
at C/O R3tNDALL K NICHOLS 131 RICHLAND RD
, 2001
CARLISLE, PA 17013
RANDALL K. NICHOLS
by handing to
CORP V-PRES
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff,s Costs:
Docketing 18.00
Service 3.90
Affidavit .00
Surcharge 10.00
.00
31.90
Sworn and Subscribed to before
me this ~ ~ day of
~-¢~* ~{ A.D.
P~rdthonotary
So Answers:
R. Thomas Kline
08/21/2001
RICHARD MISLITSKY
~'~.~'/ Deput~ri f f
MISLITSKY AND DIEHL
ONE WEST HIGH STREET, SUITE 208
CARLISLE, PENNSYLVaNIa 17013
TELEPHONE (717) 241-6363 FAX (717) 240-0893
HARRY G. LINAH, JR.,
Plaintiff
TELEHUBLINK CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL`VANIA
NO. (~/ (/ /(~ ¢ CIVIL, 2001
AFFIDAVIT OF SERVICE
AND NOW, comes the Plaintiff; by and through his attorney, Richard P. Mislitsky,
Esquire, and slates that Service of Process has been made on the Defendant as ibllows:
1. Defendant was served by Certified Mail, Return Receipt requested. Attached
hereto and marked Exhibit A is an Affidavit of Service stating that a true and correct copy of the
Complaint was sent Certified Mail on August 10, 2001. Attached hereto and marked Exhibit B
is the signed Return Receipt dated August 13, 2001.
2. Plaintiff affirmatively avers that Service of Process was also made by personal
service on the Defendant at its corporate offices at One Technology Drive, Suite 135, Andover,
Massachusetts 10801. Attached hereto and marked Exhibit C is a notarized Affidavit of Servicc
signed by the Process Server.
3. Personal service was made on Randall K. Nichols, 131 Richland Road, Carlisle,
Pennsylvania, Vice President, TeleHubLink Corporation. Attached hereto and marked Exhibit D
is a copy of the SherifFs Return.
Date:
Richard P. Mislitsky, Esquire
Attorney ID #28123
One West High Street
P. O. Box 1290
Carlisle, PA 17013
(717) 241-6363
Attorney for Plaintiff
HARRY G. LINAH, JR.,
Plaintiff
TELEHUBL1NK CORPORATION,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. ~/- ¢70 ¢ CIVIL 2001
:
AFFIDAVIT OF SERVICE
I, Tracy L. Finkenbinder, certify that I mailed a true and correct copy of the Complaint in
the above-captioned case to the Defendant, TeleHubLink Corporation, on August 10, 2001 by
Certified Mail, Return receipt requested addressed as follows:
TeleHubLink Corporation
One Technology Drive
Suite 135
Andover, MA 01810
And that Defendant did receive said Complaint on August 13, 2001 as evidenced by the
attached Certified Mail receipt.
Date: q
L. yinkenbinder
Legal As~sistant to
Richard P. Mislitsky, Esquire
Attorney for Plaintiff
EXHIBIT A
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
· Complete items 1, 2, and 3. Also comptete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mellplece,~
or on the front if space permits.
1. Arlicle Addressed to:
3. Sea:vice Type
[ I'1 Registered I-I Return Receipt for Memhendlse
_.. rn ~nsumd Mat~ rn C.O.D.
PS Form 3811, July 1999 Domestic Return Receipt
102595-00-M-0952
AFFIDAVIT OF SERVICE
I, ~. oll~lTa ,a competent adult individual, hereby swear and aver, that
on August 9, 2001, at 1:45 p.m., I served process to Beverly Pm-tell, Vice President of
Human Resources for Telehublink Corporation, at Telehublink corporate headquarters
located at 1 Technology Drive, Suite 135, Andover, Massachusetts.
Siguatur~ - -
Sworn and subscribed to
before me this 30th day
of August, 2001
NOTARY~UBLIC
EXHIBIT C
SHERIFF ' S
~ASE NO: 2001-04704 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LINAH HARRY G JR
VS
TELEHUBLINK CORPORATION
RETUP.N - REGULAR
CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
TELEHUBLINK the
DEFENDANT , at 0921:00 HOURS, on the 20th day of August
at C/O RANDALL K NICHOLS 131 RICHLAND RD
, 2001
CARLISLE, PA 17013 by handing to
RANDALL K. NICHOLS CORP V-PRES
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 00
3 90
00
10 00
00
31 90
Sworn and Subscribed to before
me this , day of
A.D.
Prothonotary
So Answers:
R. Thomas Kline
08/2z/2001
RICHARD MISLITSKY
'~" Dep~t~riff
EXHIBIT D