HomeMy WebLinkAbout07-5658
David J. Lanza
I.D. No. 55782
356 North 21St Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
Plaintiff
v.
MILLENNNM PHARMACY SYSTEMS, INC
MILLENNM REAL ESTATE PARTNERS, LLC,
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0'y- 5(0 5$ CIVJ L TerM
CIVIL ACTION -LAW
Defendant
CONFESSION OF JUDGMENT
FOR MONEY DAMAGES
Pursuant to the Authority contained in the Warrant of Attorney, a copy of which is attached to the
Complaint filed in this action, I appear for the Defendant Millennium Pharmacy Systems, Inc. and confess
judgment in favor of Plaintiff and against the Defendant as follows:
Unpaid rent from through December, 2007 $69,023.79
10% late fee $ 6,902.38
Five percent (5%) attorney fees 3 796.31
TOTAL $79,722.48
Respectfully submitted,
By:
David J. Lanza
Attorney I.D. No. 55782
356 North 21St Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
162-4
David J. Lanza
I.D. No. 55782
356 North 21~` Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
MILLENIUM REAL ESTATE PARTNERS, LLC,
Plaintiff
v.
MILLENNIUM PHARMACY SYSTEMS, INC.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION -LAW
COMPLAINT PURSUANT TO Pa.R.C.P. 2951(b)
FOR CONFESSION OF JUDGMENT FOR
MONEY DAMAGES
AND NOW, this 28th day of September 2007, comes the Plaintiff, MILLENIUM REAL ESTATE
PARTNERS, LLC, by and through its undersigned attorney, David J. Lanza, and files this Complaint, and in
support thereof avers as follows:
1. The Plaintiff, Millenium Real Estate Partners, LLC, successor by assignment of Pyramid Real
Estate Partnership, is a Pennsylvania LLC with an address at 3 Lemoyne Drive, Lemoyne, Pennsylvania
17043.
2. The Defendant, Millennium Pharmacy Systems, Inc., is a business entity of undetermined
nature with a place of business at 12450 Perry Highway, Suite 200, Wexford, PA 15098.
3. On or about December 9, 2003, Plaintiff's predecessor and Defendant entered into a
Commercial Lease ("Lease") for the 4,480 square feet of the premises located at 2250 Millennium Way,
Suites 200 and 300, Hampden Township, Enola, Cumberland County, Pennsylvania 17025, a true and
correct copy of which is attached hereto as Exhibit "A."
4. Plaintiff is the Assignee of Pyramid Real Estate Partnership by virtue of an Assignment, a
copy of which is attached hereto as Exhibit "B."
Attorney for Plaintiff
5. Said Lease has not been assigned by Plaintiffs.
6. No judgment on the Lease has been entered in any jurisdiction.
7. The aforesaid Lease requires Defendant to pay unto Plaintiff, inter alia, the sum of Six
Thousand Two Hundred Seventy-Four and 89/100 Dollars ($6,274.89) per month from January 2007
through December 2007.
8. Defendant has failed to pay any rent at all from and after February 2007.
9. As a result of Defendant's failure to make the monthly rental payments, the remaining
monthly payments (through December 2007) have become immediately due and payable.
10. Pursuant to §20 of the aforesaid Lease, Defendant is required to reimburse Plaintiff for
Plaintiff's attorney fees in the amount of 5% of the balance due.
11. Pursuant to § 7 of the aforesaid Commercial Lease, Defendant is required to pay a late
charge in the amount of 10% of the amount overdue.
12. There is justly due and owing to the Plaintiff from the Defendant on account of the aforesaid
breach the sum of Seventy Nine Thousand Seven Hundred Twenty Two and 48/100 Dollars ($79,722.48),
calculated as follows:
Unpaid rent from through December, 2007 $69,023.79
10% late fee $ 6,902.38
Five percent (5%) attorney fees $ 3,796.31
TOTAL $79, 722.48
13. Plaintiff has demanded payment from the Defendant, but Defendant has neglected and
refused, and continues to refuse, to pay the same or any part thereof.
Wherefore, Plaintiff demands judgment against Defendant in the amount of $79,722.48 plus costs
and interest from October 1, 2007.
Respectfully submitted,
t
By:
David J. Lanza
Attorney I.D. No. 55782
356 North 21 Sc Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
162-4
VERIFICATION
I, W. Greg Rothman, Managing Member, verify that the statements made in this Complaint are true and
correct to the best of my knowledge, information and belief. I understand that false statements made herein
are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities.
Date: -1 - 2 (o - 0 By. _
W. Greg Ro h an
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THIS AGREEMENT OF LEASE, is made this ~! day of I~, 2003, between
PYRAMID REAL ESTATE PARTNERSHIP, a Peru7sylvania general partnership, whose
principal place of business is at 4425 Valley Road, Suite 200, Enola, Cumberland County, PA
17025 (for the purpose of this Lease to be known as "Lessor'') and Millerulium Pharmacy
Systems, Inc., a Pennsylvania corporation, whose principal place of business is at 2250
Millennium Way, Suite 300, Pyramid Business Park, Enola PA 1702, (for the puz-pose of this
Lease to be known as "Lessee").
2. PREMISES
WITNESSETH, that Lessor in consideration of the rents and covenants hereinafter mentioned,
does demise and lease unto Lessee, all that certain space to be used for office and basement
storage purposes, hereinafter refei-~•ed to as "the Premises", and more specifically described as
follows:
BUILDING: 2250 Millennium Way
ADDRESS: 2250 Millennium Way, Suites 200 and 300, Hampden Township (Mail:
Enola), Cumberland. County, Pennsylvania 17025
consisting of 4,450 square feet of office space of the Building. The specific location of the
Premises are delineated on space plan attached as Exhibit "A". In addition, Lessee is granted the
nonexclusive use of 25 parking spaces only.
3. LiSE
The Lessee may use the Premises only for offices and for the operation of a commercial
dispensing pharmacy, with no walk-in or other retail trade
4. TERM
TO HAVE AND TO HOLD, unto Lessee, subject to the conditions of this Lease, for the initial
term ("Initial Tenn") of four (4) years commencing January 15, 2004, or the date of the build out
of the Premises is completed by Lessor, whichever is later alid ending on the date which is four
(4) years from the commencement of the Initial Term, unless extended as provided herein.
5. SASE RENT
IN CONSIDERATION of which, Lessor leases the Space and Lessee agrees to pay rent in equal
installments advance on the first day of each month for that month's rental, which rent shat]
increase Three and Twenty-five Hundredths percent (3?5%) amlually, all as set forth below:
1 V1V OJ.'+
Year
of
Lease Annual Rent Monthly
Rent
1 $68,409.60 $5,700.80
2 $70,632.91 $5,886.08
3 $72,928.48 $6,077:37
4 $7,298.66 $6,274.89
Total $287,269.65
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All rental payments shall be made to Lessor, at the address specified above;
6. SECURITY DEPOSIT
The Lessee has deposited Five Thousand Seven Hundred Dollars and Eighty Cents
($5,700.80) ("Security Deposit") with Lessor to secure Lessee's performance of its Lease
obligations. ~If Lessee defaults Lessor may, after giving five (5) days advance written notice to
Lessee, without prejudice to Lessor's other remedies, apply part or all of the Security Deposit to
cure Lessee's default. If Lessor so uses part or all of the Security Deposit, then Lessee shall
within ten (10) days after written demand, pay Lessor the amount used to restore the Security
Deposit to its original amount. Lessor shall pay no interest on such Security Deposit.
Any part of the Security Deposit not used by the Lessor as permitted by this Section 6
shall be returned to Lessee within thirty (30) days after the Lease ends.
Lessor shall be relieved for liability foi• the Security Deposit upon t1~E sale of the Building
and Land of which the Premises are part, provided the Security Deposit is transferred to the
purchaser, and the purchaser acl~iowledges receipt of the same.
7. ;.,ATE CPIAROE; COLLECTIOl`I COSTS
Any rent not paid on or before its due date shall, if not paid within five (5) days of Lessor's
written notice to Lessee of the delinquency, which may be sent by facsimile, be subject to a ten
percent (10%) late charge and collection costs including reasonable attorneys' fees. Payments,
when received by Lessor, shall be applied first to delinquent rents and late charges, and
collection costs if any. The foregoing notwithstanding, if Lessee fails to pay on or before the due
date more than one time during. a calendar year, the late charge shall be imposed without notice.
8. BUILD OUT OF PREMISES
a. The Lessor agrees to complete the build out of the Premises prior to
commencement of the Initial Term and delivery of possession to Lessee, using standard Uuilding
materials on a mutually acceptable floor plan as set forth on Exhibit "B" at its sole cost and
expense, except as provided in Paragraph 8.b.
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b. The cost of the Tenant Improvements, which shall be constructed by the Lessor as
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described on Exhibit "C", is estimated at $15,000. Lessee will reimburse Lessor the sum of Five ,~;
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Thousand Dollars ($5,000.00). at the commencement of the Initial Lease Tenn acid immediately ,~<=%"'~~~'
prior to taking possession. Lessee will also pay the swn of Five Thousand Dollars ($5,000.00) to •'`
the Lessor over the Initial Term of this Lease at the rate of One Hundred Four Dollars and
Seventeen Cents ($104.17) per month. The balance of the cost of the Tenant Improvements shall
be paid by the Lessor.
9. RENEWAL OPTION
Lessee shall have the right and option of renewing this Lease upon the same terms and
conditions as herein contained for three (3) consecutive periods of one (1) year ("Renewal
Periods") at the Rent set forth in this Section 9, provided that:
(1) Lessee is not in default .hereunder;
(2j Lessee gives notice of its exercise of each option not less than ninety (90)
days prior to the expiration of the Initial Term or the then existing
Renewal Period; and
(3) Exercise of the option shall not act as a renewal also of this option, so that
the maximum term of this Lease and all renewals shall be seven (7) years.
The rent .during the Renewal Periods shall be increased Tluee and. Twenty-five
Hundredths percent (3.25%) each year over the previous year's rent. The annual rent for the first
Renewal Period shall be Seventy-seven Thousand Seven Hundred Foi-ty-five Dollars and Eighty-
seven cents ($77,745.87) ($75,298.66 x 1.0325}, payable in equal monthly installments of Six
Thousand Four Hundred Seventy-eight Dollars and Eighty-two Cents ($6,478.82) per month
(This is the Base Rent far the Fourth Year of the Initial Term increased by 3.25 percent (3.25%}).
10. PLACE OF PAYMENT
The rent reserved shall be promptly paid on the several days and times specified herein without
deduction or abatement, unless hereinafter provided to the contrary, at the principal office of
Lessor or such other address as Lessor may from time to time designate in writing.
11. INABILITY TO GIVE POSSESSION
Lessor shall not be liable to Lessee for any damage which may be caused to Lessee by the failure
of Lessor to give possession of the Premises by January 1 ~, 2004. If, however, Lessor has not
given possession of the Premises to Lessee on or before :Ta-r~=3~ ?004, then Lessee may, by
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written notice to Lessor, cancel this Lease, after which nert~er part :shall have any further rights
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or obligations hereunder.
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12. HOLI3ING OVER AS RENEWAL ~ !`~°~
A hold over by Lessee beyond the terms of this Lease or any hereinbefore duly authorized
additional term, shall, at the gption of Lessor, be deemed a renewal of this Lease on a
month-to-rrionth basis, with the renewal being under and subject to all provisions contained in
this Lease, with the exception of airy provision for the base rental rate. Monthly rent owed to
102653.4
Lessor during any hold over period shall be two hundred percent (200%) of the monthly rate
upon expiration of the original term.
13. UTILITIES & SERVICES, ETC.
Lessee agrees to provide the following:
Telephone system and service, except as the T-1 data line
Janitorial Service including the changing of light bulbs and fluorescent tubes
Repairs needed within the Premises a11d costing less than One Hundred Dollars ($100.00)
Lessor agrees to provide the following: '
UTILITIES:
Electricity
Heat, ve~atilation, and air conditioning during the business hours of Monday
tlu-ough Friday, 7:30 a.m. to 6:00 p.m.
Water (hot and cold)
Public sewer or private septic service (whichever is applicable)
Removal and disposal of refuse (with the exception of any refuse which would
come under the classification "Biohazard," "Infectious Waste," or
"Chemotherapeutic Waste" such as from a medical facility, or other "Hazardous
Substances," in which case removal and disposal would be the Lessee's
responsibility}
T-1 Data Line. Lessee shall be given access at no cost to the T-l data line.
However, Lessor will endeavor to utilize a reliable provider, but Lessor assumes
no responsibility for the quality acid availability of service on that line to the
Internet or elsewhere as that availability and quality of service is dependent upon
such uiu-elated third party provider.
SERVICES:
Snow removal
Building repairs (building standard repairs, plumbing, electrical repairs to and
maintenance of existing systems, subject to the exception for minor repairs
needed within the Premises (less than $100.00) stated above, and all structural
repairs)
Any and all repairs or maintenance needed to keep the parking al•eas and other
common areas in a good, safe and clean condition, including all necessary
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patching, paving and lighting. `' '
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14. NEGATIVE COVENANTS OF LESSEE -`,,_,.~
A. Waste, Damage, or Iniui-~1 to Premises: Restoration
No waste, damage,. or injury to the Premises shall be committed, and at the end of the
term, the Premises shall be restored, at the option of the Lessor, to the same condition in which it
was at the commencement of the term, and the cost of said restoration shall be paid by Lessee,
which cost shall be treated as additional rent due and owing under the terms of this Lease. This
paragraph is subject to the exceptions of ordinary wear and tear and unavoidable damage by fire,
elements, casualty, or other cause or happening not due to Lessee's negligence.
B. Lawful Possession, Fire Precautions,lVlachinery, Weights
Lessee shall not carry on any unlawful or immoral business in or about the Premises, and
shall not carry on any business which will endanger the Building fi•oin fire or cause a forfeiture
of any fire insurance that Lessor has or may hereinafter have on the Building. Lessee shall use
every precaution against fire or activities which would cause a forfeiture of any fire insurance.
Lessee shall not operate any machinery or equipment that may be harmful to the Building or
disturbing to other occupants of the Building, nor place weights in any portion of the Premises
beyond the safe carrying capacity of the structure.
C. Signs
Lessee shall not place any signs upon the exterior of the Premises nor cause any lettering
of any kind whatsoever to be placed upon the outside windows of the Premises except on a
common Building sign as approved by Lessor. Lessee nay, however, place a sign upon its door.
1). Alterations and Improvements
Lessee shall make no alterations, additions; o?• improvements in o~• about the Premises
without Lessor's prior written consent, which shall not be uiu•easonably withheld. All such work
shall be done at such time and in such manner as shall minimize any inconvenience to other
occupants of the Building. As a condition precedent to Lessor's consent, Lessee shall deliver to
Lessor written plans and specifications for ali work al~d un-itten plans and specifications for all
heating, ventilating, and air conditioning alterations and/or improvements. Lessor shall have the
right to approve any contractor to be used by Lessee in coiuiection with any approved alterations
and/or improvements to the Premises, which shall not be urueasonably withheld. Lessee shall
comply with all governmental rules and regulations in connection with such work and shall
prevent any lien or obligation from being created against or imposed upon the Building and will
discharge alI liens and charges for services rendered or materials furnished immediately after
said liens occur or such charge becomes due and payable. Any alterations, additions, or
improvements made by Lessee and any fixtures installed as part thereof, sliall at Lessor's option
become the property of Lessor upon the expiration or sooner termination of this Lease; provided,
however, that Lessor shall have the right to require Lessee to remove. such fixtures or
improvements and restore the Premises to its original condition at Lessee's cost upon the
expiration or sooner termination of this Lease.
Lessee shall have the right to vacate the premises, but shall nevertheless continue to pay
the rents due and meets its other requirements under the Lease. Lessor shall have the right to
recapture the Premises as its sole remedy for such vacation, but does not waive its remedy for
delinquencies or failure to pay or other violations of the Lease during such vacation.
E. Assigning, Etc. by Lessee
Lessee shall not have the privilege of assigning or subletting the Premises, or mortgaging any
interest it may have by virtue of this Lease, unless the written consent of Lessor is first obtained,
which consent shall not be unreasonably withheld. Notwithstanding the foregoing sentence
Lessor shall have the sole discretion to refuse to consent to any assignee in the construction
industry, iizcluding but not limited to general contractors and HVAC subcontractors.
I5. LESSOR'S RIGHTS
A. Right of Inspection; Other Access
It is agreed and understood that Lessor, Lessor's duly authorized agents, contractors, and
employees may enter the Premises at reasonable times during the team for the purpose of
inspecting and to snake repairs, and at any time to address an emergency condition, without
charge, liability or abatement of Rent.
B. Rules and Regulations
Lessor may from time to time establish reasonable rules and regulations for the safety,
care, and cleanliness of the Premises and the Building, and for the preservation of good order
therein. Such rules and regulations shall, when notice thereof is given to Lessee, form a part of
this Lease.
~~. P~1VIEI)1!ES OE LESSOR
Lessee shall be in default of any installment of rent for the period of fifteen (15) days
after receipt of written notice from Lessor of such default, or should there be a default in any of
the covenants or conditions as herein contained, and should Lessee fail to commence to remedy
such default within twenty (20) days of notice and diligently pursue the same, or if Lessee should
become insolvent, or make an assigmnent for the benefit of creditors,. or if a petition in
bankruptcy is filed by or against Lessee or a Bill of Equity or other proceeding for the
appointment of a receiver for Lessee is filed, or if proceedings for reorganization or for
composition with creditors under any state or federal law be instituted by or against Lessee, or if
the real or personal property of Lessee shall be sold after levy by any Sheriff, Marshal, or ;
Constable, then in that event Lessor shall have the right in said event, to forfeit and terminate this `";~~,-
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Lease; the said forfeiture to be effected by giving notice in writing to Lessee herein or to the ~~,~_ -. _~.~
person then in charC7e of the Premises. Further, if Lessee shall be or become delinquent in the ._ "~'~~; ~1.<'.
payment of two (2) or more of the monthly rentalddue•hereunder, then upon f ve (~) days prior •~,~,~..-~
written notice to Lessee (which notice may be sent by facsimile); Lessor may declare
immediately due and payable all rental for the balance of the remaining term and collect the
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same by confession of judgment or otherwise.
I7. RESPONSIBILITY OF LESSEE
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A. Damages or Iniury to Property
All damages or injuries done to the Premises by Lessee and/or Lessee's customers,
clerks, servants, agents, employees, visitors of Lessee, and individuals for whom Lessee is
responsible, other than those caused by ordinary wear and tear, shall be repaired by Lessee at its
expense. Lessee covenants and agrees to make such repairs upon twenty (20) days written notice
given to Lessee by Lessor, and if Lessee. shall neglect to make said repairs or commence to make
the same promptly or complete the same within twenty (20) days after receiving such notice,
Lessor shall have the right to make such repairs at the expense and cost of Lessee, and the
amount thereof may be collected as additional rent accruing for the month following the date of
the said repairs, and if said expense is made at the expiration of the term, then the cost so made
may be collected by the Lessor as additional rent for the use of the Premises during the entire
term.
B: Payment of Judgment, Etc.
Lessee shall bear, pay, and discharge when and as the swine become due and payable all
judgments and lawful claims for damages or otherwise against Lessor, arising from injury to
persons or property occurring within the Premises and will assume the burden and expense of
defending all.such suits, whether brought before or after the expiration of this Lease, and will
protect, indemnify, and save harmless Lessor, or Lessor's agents and servants, employees. The
foregoing notwithstanding, this paragraph shall not apply to any judgments or claims for
damages which arise from Lessor's intentional or willful misconduct or failure to fiilfill its
obligation under this Lease.
C. Discharge of Liability
In consideration of securing this Lease at the above-stated rent, Lessee does hereby
release and discharge the Lessor, its agents, servants, and/or employees, and said Lessor's
successors and/or assigns, from any and all liability by reason of any loss, and/or damage to airy
property within the demised Premises, whether belonging to Lessee or any other person, caused
by any fire; the breal~ing, bursting, stoppage and/or leakage of any water pipe, gas pipe, sewer,
basin, water closet, steam pipe, and drain in any part or portion of the Premises and/or any part
or portion of the Building of which the Premises is a part; and from all liability for any and all
loss and/or damage caused by the water, gas, steam, waste, and contents of said water pipes, gas
pipes, steam pipes, sewers, basins, water closets, and drains, oi• from any kind of loss and/or
damage which may arise from any other cause within the Premises. The foregoing
notwithstanding, this paragraph shall not apply to loss or damage caused by the intentional or
willful misconduct or failure to fulfill its obligation under this Lease.
IS. RESPOIlTSIBILITY OF LESSOR
A. Partial or Total Destruction of Property
In the event that the Building or the Premises shall be damaged by fire or other casualty
or happening, this Lease shall not terminate, but ~n such event Lessor agrees, to repair, restore, or
rebuild the Premises as the case-may be, subject to the availability of insurance proceeds, to its
condition immediately prior to such damage or destruction with due diligence and within four (4)
months after such damage; and in the event that the demised Premises are not repaired, restored,
or rebuilt as aforesaid, within such four (4) month period, Lessee's sole remedy shall be the right
to cancel and terminate this Lease without further liability on the part of either party. The rent
payable hereunder shall entirely abate in case the demised Premises ai•e substantially destroyed
or so damaged as to be rendered Lu~tenantable, or abate proportionately according to the extent of
the injury or damage sustained by the Premises, if it is not substantially destroyed but is rendered
partially untenantable, and if Lessee, in its reasonable judgment, is able to continue to do
business in the remainder until- the Premises shall have been restored, repaired, or rebuilt, as the
case play be, and put in proper condition for use and occupancy. Lessor agrees to institute such
repairs immediately after such damage and to complete the same with due diligence and within a
reasonable time. Partial destruction shall be restored within ninety (90) days from the~date of
destruction, and complete destruction shall be completely rebuilt within 120 days from the date
of destruction to the extent feasible.
B. Damage for Interruption of Use
Lessor shall not be liable for any damage, compensation, or claim by reason of
inconvenience or aivloyance arising from the necessity of making repairs, alterations, and/or
additions to any portion of the Premises, the interruption,in the use of the Premises, or the
termination of this Lease by reason of the destruction of the Premises.
19. ACCEPTANCE OF NOTICE TO QUIT; DISPOSSESSION; WAIVER OF
REMEDIES BY LESSEE; WAIVER OF DEMAND
Lessee hereby accepts notice to quit, remove from, and sui-~•ender up possession of the
Premises to Lessor at the expiration of the term hereof, whenever it may be determined. Lessee
hereby waives the benefits} of alI exemption laws of this Commonwealth that are now in force
or may hereinafter be in force, or in any action or actions that may occur on this Lease, and in
any distress or distresses that maybe made for collection of the whole of said rent., or any part
thereof. Lessee also waives the benefit of stay of execution, inquisition, extension, right of
appeal, certiorari, and all ezYOrs in all proceedings arising out of this Lease.
20. CONFESSION OF JUDGMENT
If rent aizd/or charges hereby reserved as rent shall remain unpaid for five (5) days
beyond Lessee's receipt from Lessor of written notice that the same has come due and is unpaid,
Lessee hereby empowers any Prothonotary or Attorney of any court of Record to appear for
Lessee, in any and all actions which may be brought for rent and/or the charges, payments, costs,
and expenses reserved as rent, or agreed to be paid by Lessee and/or to sign for Lessee an
agreement for entering into any competent court an amicable action or actions for the recovery of
rent or other charges or expenses, and in said suit(s) or in said amicable action or actions to
confess judgment against Lessee for ali or any part of the rent specified in this Lease and then
unpaid, and/or other charges, payments, costs, aid expenses reserved as rent or agreed to be paid
by Lessee, and for interest acid costs together with an attorney's commission of five percent
(~%); and judo Went in ejectment as herein provided may be entered concurrently therewith.
.lodgment may be confessed repeatedly until any deficiency is collected. Any such judgment
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shall be for the sums (including late charges imposed under Paragraph 7) due .plus interest at the
rate of one and one-half percent (1'/~ %) per month both before and after the judgment.
21. EJECTMENT
At the end of said term, whether the same shall be determined by forfeiture or expiration
of the term, or upon the breach of any of the conditions of this Lease, as possibly modified by
Paragraph 16 entitled "Remedies of Lessor" hereof, Lessee authorizes any attorney of a couz-t of
record in Perulsylvania to appear for Lessee in an amicable action of ejectment and confess
judgment against Lessee in such action and Lessee in such event further authorizes the
immediate issuance of a Writ of Possession for the same, with Writ of Execution for the costs,
and with reasonable attorney's fees for prosecution of such action.
22. ~ POSSESSION DE;~'INED
Possession of the Premises includes the exclusive use of the same, together with the use,
in common with any other occupants of the Building, of the Hallways, stairs, elevators}, if any,
toilet rooms, parking area, if any, heat; air conditioning, electricity, lighting, and water.
23. REMEDIES CUMULATIVE
All remedies of Lessor shall be cumulative and concurrent.
24. CONDEMNATION
In the event that the Premises or any part thereof is taken or condemned for a public or
quasi-public use, this Lease shall, as to the part so taken, terminate as of the date title shall vest
in the condemnor, and rent shall abate in proportion to the square feet of leased space taken or
condemned or shall cease if the entire Premises be so taken. If a part taker. substantially and
unreasonably interferes with the function and efficiency of Lessee's business, Lessee may
terminate this Lease on the remaining portion of the Premises by delivering a fifteen (15}day
written notice to Lessor. In any. event, Lessee waives all claims agaia7st Lessor and the
condemning authority by reason of the comp'_ete or partial taking of the Premises.
25. SUBORDINATION OR SUPERIORITY; ASSIGNMENT lBY LESSOR
The rights and interests of Lessee under this Lease shall be subject and subordinate to any
fast mortgage that is now or may be placed upon the Premises and to any and all advances to be
made thereunder, and to the interest thereon, acid all renewals, replacements, and extensions
thereof. Any mortgagee may elect to give the rights and interest of Lessee under this Lease
priority over the lien of its mortgage. In the event of such election and upon notification by such
mortgagee to Lessee to that effect, the rights and interests of Lessee under this Lease. shall be
.deemed to have priority over the lien of said mortgage, whether this Lease is dated prior to or
subsequent to the date of said mortgage. Lessee shall execute and deliver whatever instruments
may be required for such purposes and in the event Lessee fails to do so within ten (10) days
after demand in writing, Lessee does hereby make, constitute, and irrevocably appoint Lessor as
its attorney-in-fact and in its name, place and stead so to do. Lessor may assign its interest in
this Lease or any part thereof, and such assignee shall thereupon be deemed Lessor hereunder.
10?G83.4
~~_
26. QUIET ENJOYIVIENT
4°.,
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Lessee, upon paying the said rent gild performing the covenants of this Lease, on its part
to be performed, shall and may peaceably and quietly have, hold, and enjoy the Premises for the
term aforesaid and any herein duly authorized additional term.
27. SUBROGATION
Notwithstanding anything to the contrary contained in this Lease, Lessee and Lessor
hereby release each other from any and all liability or responsibility (to the other or anyone
claiming tlu•ough or under them by way of subrogation or otherwise) for any casualty or other
loss or claim that is covered by insurance by the party to this Lease suffering the loss or claim,
provided that such release does not affect the insurance coverage available to the releasing party.
28. LEASE CONTAINS ALL AGREEMENTS
It is expressly understood by the parties that the whole agreement between them is
embodied in this Lease (executed in duplicate or triplicate as the case may be) and that no part or
items are omitted, unless the same be hereinafter modified by written agreement(s).
29. LEGAL NOTICES
Any requirement in this Lease as to notices shall be satisfied by actual notice in v~niting
by facsimile in the case of a rent delinquency, and for all other purposes by United States
Certified Mail, Return Receipt Requested, Federal Express or UPS if to Lessor at:
Richard A. McBride
Managing General Partner
Pyramid Real Estate Partnership
4425 Valley Road, Suite 200
Enola, PA 17025
Facsimile: (717) 732-5943
and if o Lessee to:
Millezulium Pharnacy Systems, L.C.
Attn: Gary Duty, President and CEO
2250 Millenium Way, Suite 300
Enola, PA 17025
Facsimile: (717) "`i c`~.•~ ,' _i ~ _.
30. hIEIRS, SUCCESSORS AND ASSIGNS, ETC.
This Lease shall be binding upon the parties hereto and their respective successors and/or
assigns.
~o
• 102683.4
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IN WITIvTESS WHEREOF the parties have hereunto set their hands as individuals or the ~` ~ _ _
hands and seals of their respective co>poration or partnership, hereunto duly authorized, -
intendin~ fully to be bound thereby.
~~..-..
WITNESS:
.~
PYRAMID REAL ESTATE PARTNERSHIP
L,ess_ or _-------~----- ~-,--,.~..._._._-
--'-~-_-_ - ~ -acs: - -- -_
--.-_.,.
Richard A. McBride
Mariabing Cteneral Partner
MILLENIUM PHARMACY SYSTEMS;
INC.
,.
Attest: ~r ~.~ 2~ ,? ~
Secretes ~%
By:
IU2683.1
#]02683 v4 -Herne Bros: PREP: Millennium Pharmacy Systems Lease
EXHIBIT "A"
SPACE PLAN OF PREMISES
12
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1 ~~,?yi2~103 D9 ~ 42 7177318765 ~ 732594:;
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EXHIBIT "B"
IMPROVEMENTS TO BE MADE BY LESSOR TO PREMISES ~ _
13
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Oct~her 23, ?C~03
Mr. Zi::harrl lvicPrid<
PF;1P
4-~"' 1 vall~~ Rel.
moll. Pn »0~5
Re: FiPnnt Fiat f=loor - !')z.EP ? Bldu,
for Millennium Rharrr,aey
3250 Millennium Vr'ay, Fools, PA
!•'CS! .lob ~,1-231-QG19
Ueat• l~icl,::
We are pleased to offer ~ut• proposal in Che amount of to pt's}vic(e renovations in Suitca
200 ~t.nd ,00 of the p~~P 2 attilcJin~ as folln~vs:
Suite 20(l:
!'si,vidc se_tp~rvisinn, layrnrt, aniJ clean-up as required to comhlctc the wot-f~•
Remcwe L-`}:151i11L c>f(iee partition, carpetin<~ and i,cnt.i5t.ical c~ilin~_**. ~t~ithin the c.xistin~, oP~ce
{approx. I G'-0" x 26'-0"l.
InsT;l[I one pair o'Fnon-rated 3`-0'~ x G~-~" >ta.in ~radc ~~.~oc}tl tlo~rs in a hollow meta( i~ramc
equippc<! ~~~ith appropriate finish hnrd'~..rrc.
:~. Rcmwe the c;;ist~in„ sin471c ~:LlUn1111t1111 ~lltr811C° daor, alter the ezistin~r openin~~. and install
ti pair of alurni~nuii entrance doors tq mate}t e`isting,
~,, 1`rQYIdC a nc:~a cc,unt~IT'~N aiC1[i~ the 1'JCSl i\'~ Il• ['lppiG;~IlllatC(~ I „-CJ~~ II1 IC11'.St(1.
<. (nStall ne~~ ~cc~tiaical ceilinsJ, tit= ~t r.~•isTin~T offir.r, nrr?.n. Cxisiins_ rile trill be reused t~.h41•E
poSSlhl@.
Suifie 3(10:
1 , Prp~•idc : upc~•~~i: ion. IA;'out and clennup fls rcduircd.
"', ket»ove t~~,r~ sections of dr~n~'all (partitions at the south ~•r'all.
3, Remove ~•ui esistine door and frame and enclose ~.~rith new dry~~~ all pat•titionin~.:.
~a. Close the existing corridor with a eonibitiaeion drywall and alt.uilintun 'Fr~mcd windo~~~
(;thJ~rc~x. 4'-(1'~ wide. x R'-~'' hi_ah) to mntrh r~:ictin~+~indaws.
4425 V~Ilc;y Hind, ~IIIIG 10o c Post office Box 249 ~ Enola, PEnnsylva.n(a 17U25
(717) 732-x210 ^ .Fax (717) 732.5211
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...: `
~. ('rrn~id~ interior tc?ucli-uh paint'ing t~~ilere required,
h~.Er~
p~ic,., ~~ ..
,..:
.t A.
G~ ~eillOVe GX!~ill1`~ 311 CI Illst811 11041, c~C~1U$tlCal CCIl111S; [IIC 111 the ~?:l~:lil? Cllrl'IQpt' '2i(',:ii ~lI1Cj
~rij~r.:^nt n;tir.r. )=:<isting Pile ~~-ill be i~~used tuhcr%` possible.
i. Patch carpetin` wilere partition: are removed. ..<~,ssumes c~,rp~t nlatcria~l is d4'EjII1ble end
prn~,idcd by Ut~~ner.
,~ I r'ern r~rc:
To pro~~idc nee,,- ca.r}~etinL jn Suite X00 ~t~here demolitjon occurs in lieu
of patch(ll~
E,rc•trtsinns
• ivf~ch~Jnical or I'lunlilin~~
• Clcctri~ll
• ~'~/indoVr Blinds
• Security System
• ~I'C1'~°SSlOllfl~ DCSi~?Jl
• Lttbor & Industry Fees
• New /latustica( Ceiling, in Suite i00
• i3l.lilc(ing 1='ernlit
,1ft•cr yoiu• rcuicl~•, ple~~sc fccl fret to contact nee will( uiiy yucstiui~s you (lave ConCCrnltl~ nLll' proposal.
(('this proposal meei•:5 w~itli ,voGlr approval, lalease. sign in the shaec proviclcd be)ot,,~ ant] return one coi~y
>c7r our records,
Very truly yoLU's,
P'rR,~.i~9iD C'vi~i5"rRtJCTiON SEk~'iCFS, I~JC.
' --
.tallies F, Reed
\%icc Presiileiil - ESLin'idLin`.! C~: hLlf'C11251n`.
,1FF:dib
~r~Pr~OVL-D. riti>/r
BY:
DATE:
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MILLENIUM REAL ESTATE PARTNERS, LLC
3 Lemoyne Drive
Lemoyne, PA 17043
February 28, 2006
Millennium Pharmacy Systems, Inc.
12450 Perry Highway, Suite 200
Wexford, Pennsylvania 15098
Attn: John Froehlich
VIA FACSIMILE: 724-940-2499
Dear John:
Effective, February 28, 2006, Pyramid Real Estate Partnership (PREP) has sold
the building at 2250 Millennium Way, Enola, PA 17025, to Millenium Real Estate
Partners, LLC. Your current lease, expiring January 15, 2008, is being assigned to the
new owners. Your security deposit in the amount of 5 700.80 is being transferred with
the property. Your .current monthly rent is 6 077.37 plus 104.17 per month
reimbursement for Tenant Improvements.
Your rental and reimbursement payments should be sent, beginning with your
March 1, 2006 rent to:
Millenium Real Estate Partners, LLC
c/o RSR Asset Management
3 Lemoyne Drive
Lemoyne, Pennsylvania 17043
RSR Asset Management will be providing property management and
bookkeeping services for the new property owners. Questions about the building and
our management services should be directed to Jackie Eakin at RSR. She can be reached
at 717-763-1212 or 717-215-0069.
Please feel free to call Greg Rothman at 717-763-1212 or 717-571-3345 with
questions about the ownership or general matters.
W. Greg Rotlkman
Millenium Real Estate Partners, LLC
Pyramid Reali~9 Ft~9~ ~o'e'°*'"a/°~
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David J. Lanza
I.D. No. 55782
356 North 21~` Street
Camp Hill, Pennsylvania 17011
(717) 737-3775
MILLENIUM REAL ESTATE PARTNERS, LLC,
Plaintiff
v.
MILLENNIUM PHARMACY SYSTEMS, INC.
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
. NO. Q~- 5l05$ Civ; t Ter•M
CIVIL ACTION -LAW
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
TO: Millennium Pharmacy Systems, Inc.
12450 Perry Highway
Suite 200
Wexford, PA 15098
A judgment in the amount of $79,722.48 has been entered against you and in favor of the Plaintiff without any prior
notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The
shexiff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST
FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30)
DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 170 3
(717) 240-6200 ']
David J. Lanza
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David J. Lanza
I.D. No. 55782
356 North 21St Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
MILLENIUM REAL ESTATE PARTNERS, LLC,
~.
Plaintiff
MILLENNNM PHARMACY SYSTEMS, INC.
Defendant
Attorney for Plaintiff
. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
. NO. Q' f - 5(o b-8 Civt t Ter~+1
• CIVIL ACTION -LAW
TO: Millennium Pharmacy Systems, Inc.
12450 Perry Highway
Suite 200
Wexford, PA 15098
You are hereby notified that on q , 2007, judgment by confession was entered
against you in the sum of $79,722.48, in the above- aptioned case.
DATE: a8 D
s ~~ ~
Prot notary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
I hereby certify that the following is the address of the Defendants stated in the certificate of residence:
Millennium Pharmacy Systems, Inc.
12450 Perry Highway
Suite 200
Wexford, PA 15098
Attorney for Plaintiff
r -~e
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-05658 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MILLENIUM REAL ESTATE PARTNERS
VS
MILLENNIUM PHARMACY SYSTEMS
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
MTT,T~RNNTTTM PHARMACY SYSTEMS INC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of ALLEGHENY
serve the within CONFESSION OF JUDGMENT
On October 25th 2007 this office was in receipt of the
attached return from ALLEGHENY
r- .-
Sheriff's Costs: So answers•
~_._
Docketing 18.00 = `~ "-°'~ `~
Out of County 9 . 0 0 ~ `~~ ~`- !--
Surcharge 10.00 F~. Thomas Kline
Dep Allegheny Co 50.00 Sheriff of Cumberland County
.00
10/25/2007
DAVID LANZA
Sworn and subscribe to before me
this day of ,
County, Pennsylvania, to
A.D.
V ~
In The Court of Common Pleas of Cumberland County, Pennsylvania
Millenium RAal EstatA PartnQrs LLC
VS.
Millennium Pharmacy Syst~ns Inc
No. 07-5658 civil
Now, October 4, 2007
hereby deputize the Sheriff of
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
AllAgheny
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff. //
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, (~? C,~'r t ~'- , 20 O~ , at ~~37 o'clock ~ M. served the
within
upon ~'Y1 ~ t~ ,2. K -~ ~ .~ w.. ~~ r'tr~-c~-~
at t Z~~ ~ @,yw-~ -~{~,
by handing to ~~~~v\ L~.t v~y,
a
and made known to
copy of the original
the contents the of.
So answers, ~ ~ ~g .~-
d
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
County, PA
Directs sheet for Sherrif
DEFT : Millenium Pharmacy Systems, Inc.
WMMam Mul n ALLEGHENY COUNTY SHERIFF'S DEPARTMENT
Actin h r f 436 GRANT STREET
PITTSBURGH, PA 15219-2496
PHONE (412) 350-4700
FAX (412) 350.6368
PLAINTIFF : Millenium Real Estate Partners, LLC
GARNISHEE : ~V/lX (~I.~~
DISTRICT :District 4 V /)
ADDRESS :12450 Perry Highway ~ / VU f/` ~ v / l
Wexford, PA 15090 1.
MUNICIPALITY/CITY WARD: Pine Township /
Originating County :Cumberland
Joseph A.Rizzo
Acting Chief Deputy
CASE # : 07-5656
EXPIRES :10/28/2007 11:59:59 PM
SUMMONS/PRAECIPE
SEIZURE OR POSSESSION
~' NOTICE AND COMPLAINT
r- REVIVAL OR SCI FA
T INTERROGATORIES
~` EXECUTION - LEW OR GARNISHEE
~ OTHER
ATTY NamelADDRESS : ~ .. N `
ATTY PHONE : ,(,J~,/ -
TYPE OF SERVICE:
~ Personal ~ Person In charge ~ Deputize ~ Mail C".' Posted ~ Other ~" Seize & Stored C First Class Mail ~ Publication
Service Address DirectioD
Now I, the SHERIFF OF ALLEGHENY COUNTY, PA do hereby deputize the Sheriff of _
County to execute this Writ and make return thereof according to law
"--Is the Sheriff instructed to take manual possession of the property? If "yes" bond in the amount of $ must be posted prior to levy."
Seize lery advertise and sell all the personal property of the defendant on the premises located at~
MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER
SHERIFF'S OFFICE USE ONLY
[hereby CERTIFY and RETURN that on the day of 20_ at_ o'clock, AM/PM. Address Above/Address Below,
County of Allegheny, Pennsylvania
I have served in the manner Described below:
[ ]Defendant(s) personally served
[ ]Adult in charge of Defendant's residence who refused to give name or relationship
[ ]Adult family member with whom said Defendant(s) reside(s). Name & Relationship
[ ] Manager/Other person authorized to accept deliveries of U.S Mail [ ]Agent or person in charge of Defendant(s) office or usual place of business.
[ ] Other [ ] Property Posted
Defendant not found because:[ ]Moved [ ]Unknown [ ] No Answer [ ] Vacant [ ]Other
[ ] CMified Mail [ ] Receipt_ [ ]Envelope Retumed_ [ ]Neither Receipt or envelope; writ expired
[ ]Regular Mail Why:
You are hereby notified that on , 20_ , Iery was made in the case of
Possession/Sale has been set for 20 at o'clock
YOU MUST CALL DEPUTY ON THE MORNING OF SALE/POSSESSION BETWEEN 8:30-9:30 A.M.
ATTEMPTS / / / /
Additional Cosrs Due $,_ This is plawd On Wnt whc : roturned w Prothono:ary.Please check beT'ore Satisfying Case
http://prothonotary.county. allegheny.pa.us/Allegheny/sheriffcases/DirectionSheet.ersp?WritID=CONJU
Page 1 of 1
10/11/2007
David J. Lanza
I.D. No. 55782
356 North 21st Street
Camp Hill, Pennsylvania 1701 l
(717) 730-3775
MILLENIUM REAL ESTATE PARTNERS, LLC,
Plaintiff
v.
MILLENNIUM PHARMACY SYSTEMS, INC.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. D1 - SG S~
CIVIL ACTION -LAW
PRAECIPE TO SA TISFY AND DISCONTINUE
Please mark the above case satisfied and discontinued.
Attorney for Plaintiff
Respectfully submitted,
By:
David J. Lanza
Attorney LD. No. 55782
356 North 21St Street
Camp Hill,. PA 17011
Telephone (717) 730-377
Attorney for Plaintiff
] 62-4
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