HomeMy WebLinkAbout07-7479I- _T
Cohen, Seglias, Pallas, Greenhall & Furman, PC
Steven M. Williams, PA I. D. # 62051
240 N. Third Street, 8m Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Plaintiff
WINDSOR PARK SHOPPING
CENTERS, LLP, by its general
partner, HOWARD S. BROWN,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
No. p7 - 7q'79
0iV11 term
TERRY L. WADLEY and LYNN A
WADLEY,
Defendants
: CIVIL ACTION -LAW
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar
accion dentro de los proximos veinte (20) dias despues de la notificacion de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que
si usted falla de tomar accion como se describe anteriormente, el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
WINDSOR PARK SHOPPING IN THE COURT OF COMMON PLEAS
CENTERS, LLP, by its general CUMBERLAND COUNTY PENNSYLVANIA
partner, HOWARD S. BROWN,
Plaintiff
V. No.
TERRY L. WADLEY and LYNN A.
WADLEY,
Defendants CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes Plaintiff, Windsor Park Shopping Centers, LLP, by its general
partner, Howard S. Brown, by and through its attorneys, Cohen, Seglias, Pallas,
Greenhall & Furman, PC, and files this Complaint stating the following:
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Plaintiff is Windsor Park Shopping Centers, LLP ("WPSC"), a Maryland limited
liability partnership authorized to do business in Pennsylvania. WPSC's general
partner is Howard S. Brown.
Defendants are Terry L. Wadley and Lynn A. Wadley, husband and wife, who
reside at 325 Sharon Drive, New Cumberland, Pennsylvania, 17070.
Jurisdiction and venue are proper in this Court because WPSC's cause of action
arose in Cumberland County.
The amount in controversy in this case exceeds $50,000 as required by this
Court's local rules regarding compulsory arbitration.
On or about September 14, 1990, Windsor Park Partnership "(WPP"), the then-
owner and landlord of the Windsor Park Shopping Center in Lower Allen Township,
Cumberland County (the "Center") entered into a Lease Agreement (the "Lease")
whereby it leased certain space in the Center (the "Leased Premises") to Thomas
L. Scoropanos ("Scoropanos") for the operation of a family restaurant. A true and
correct copy of the Lease is attached hereto as Exhibit A and incorporated herein
by reference as if fully set forth.
6. The term of the Lease was five years, beginning on October 1, 1990 and ending on
September 30, 1995.
7. Pursuant to the Lease, rental payments were due by the first day of each month.
8. Pursuant to the Lease, in the event that any rental payments were not made when
due, Scoropanos would be obligated to pay late fees of five percent (5%).
9. In addition to rental payments, the Lease provided for the payment by Scoropanos
of other amounts for, inter alia, insurance, taxes and utilities related to the Center
and Leased Premises.
10. At the end of the term of the Lease, by agreement of WPP and Scoropanos, the
term of the Lease was renewed for an additional five-year period, beginning on
October 1, 1995 and ending on September 30, 2000. A true and correct copy of
the parties' letter agreement is attached hereto as Exhibit B and is incorporated
herein by reference as if fully set forth.
11. In or about 1995, WPP converted under Maryland law to a limited liability
partnership and changed its name to Windsor Park Shopping Centers, LLP
("WPSC"), the plaintiff herein. The conversion did not effect any change in the
partnership or its partners, nor did it constitute a sale, transfer or conveyance of
the partnership or any interests therein.
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12. At the end of the first renewal term of the Lease, by agreement of WPSC and
Scoropanos, the term of the Lease was renewed for an additional five-year period,
beginning on October 1, 2000 and ending on September 30, 2005. A true and
correct copy of the parties' letter agreement is attached hereto as Exhibit C and is
incorporated herein by reference as if fully set forth.
13. Effective on August 1, 2005, Scoropanos sold his restaurant business to
Defendants and in connection therewith, assigned the Lease to Defendants. A
true and correct copy of the Lease Assignment Agreement executed by and
between Scoropanos, Defendants and WPSC is attached hereto as Exhibit D and
is incorporated herein by reference as if fully set forth.
14. As of August 1, 2005, Defendants accepted assignment of the Lease from
Scoropanos, became the tenant under the Lease, and became obligated to
perform all of the tenant's obligations thereunder.
15. In or about July 2005, Defendants and WPSC agreed to a renewal of the term of
the Lease for another five years, beginning on October 1, 2005 and ending on
September 30, 2010. A true and correct copy of the parties' letter agreement is
attached hereto as Exhibit E and is incorporated herein by reference as if fully set
forth.
16. In default of the Lease, Defendants ceased doing business in, and vacated, the
Leased Premises on or about October 31, 2006.
17. At the time Defendants vacated the Leased Premises, they were in default of their
rental payments to WPSC.
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18. After reasonable efforts to re-rent the Leased Premises, WPSC was successful,
with the new tenant's lease being effective as of February 2008.
19. As a consequence of Defendants' default of the Lease, WPSC has and will
experience rental losses (including rent, taxes, insurance, utilities and late fees) in
the amount of $58,542.89.
20. By letter dated November 13, 2007 and received by Defendants on November 14,
2007, WPSC made demand on Defendants for the payment of its rental losses.
21. Despite demand, Defendants have not paid the amounts they owe to WPSC.
22. Pursuant to Article 25 of the Lease, WPSC is entitled to recover from Defendants
the attorney's fees WPSC has incurred as a consequence of Defendants' default.
As of December 4, 2007, WPSC has incurred attorney's fees in the amount of
$4,823.78 as a consequence of Defendants' default of the Lease.
23. Pursuant to Pennsylvania law, WPSC is entitled to recover from Defendants pre-
judgment and post judgment interest on the amount of its claim. As of the date of
the filing of this Complaint, pre judgment interest has accrued in the amount of
$2,278.08, and will continue to accrue at the rate of $160.39 per day until
Defendants pay the amounts they owe to WPSC.
24. The Lease, all agreements to renew and assignment described herein all
constitute legally binding and valid contracts between WPSC and Defendants.
25. The actions of Defendants, as described herein, constitute defaults of the
contracts.
26. WPSC has been damaged as a result of Defendants' defaults as aforesaid.
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27. As a consequence of the foregoing, Defendants are liable to WPSC for the amount
of $65,644.75, plus the costs of this action, additional pre judgment and post-
judgment interest that accrues from January 1, 2008 (at the rate of $160.39 per
day), and additional attorney's fees that WPSC incurs in this case from and after
December 5, 2007.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in its favor and against Defendants, jointly and severally, for the amount of
$65,644.75, plus the costs of this action, additional pre judgment and post judgment
interest that accrues from January 1, 2008 (at the rate of $160.39 per day), additional
attorney's fees that WPSC incurs in this case from and after December 5, 2007, as
proven at trial, and such other relief as this Court deems just and appropriate.
Respectfully S
Date: '? IIIIDI
Cohen, Seglias atlas,
Green II & Furman, PC
By:
Steven M. Williams, PA I.D. #62051
240 North Third Street, 8th Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Plaintiff
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VERIFICATION
I have read the foregoing Complaint and hereby affirm and verify that, to the best
of my knowledge, information and belief, all of the statements made therein are true and
correct, and I acknowledge that false statements made therein may subject me to the
penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
WINDSOR PARK SHOPPING
CENTERS, LLP
Date: g .
Ex kf b,e+- A-
LEASE AGREEMENT
This LEASE, Made September 14, 1990 , by and between
Windsor Park Parrner9hi8 hereinafter called "Landlord", and
Thomas L. Snprnnanus , hereinafter called "Tenant".
That in consideration of the mutual promises herein
contained, the Landlord hereby rents to the Tenant, and the
latter does hereby rent from the former, the premises described
as _5238 Simpson Ferry Road , containing approximately -- 1800
square feet, said premises being outlined in red on the attached
Plat marked Exhibit "A", and made a part hereof, (and hereinafter
called the "Leased Premises" or the "Demised Premises) for the
term of -five (5) years beginning on the commencement date as
hereinafter defined.
The commencement date, whenever used herein, shall be _
October 1 990 , or if no date certain is specified, the first
to occur of the following: (a) the date when the premises are
ready for occupancy; or (b) the date when the Tenant shall take
possession of or occupy the premises. The premises shall be
deemed ready for occupancy when the work to be done by the
Landlord is substantially completed including common areas
(interior and exterior) or would have been except for delay due
to Tenant.
1. Rent: The total annual rental for the first year of the term
shall be Sixteen thousand two hundred i? & 00/100
($16.200.00) Dollars, which the Tenant covenants to pay in
advance in equal monthly installments of One thousand three op-gq
hundred fifty dollar & 00/10 ($ 1.350.00 ) Dollars, the first
installment of which, pro rated if the commencement date is other
that the first day of a calendar month, is due and payable on the
commencement date, with subsequent installments due and payable
on the first day of each calendar month thereafter until the
total rent provided for is paid. In the event Tenant shall
occupy the premises prior to the commencement date hereunder,
Tenant shall pay, in addition to all other sums specified, $ N/A
for each day including the first day of occupancy, to the
commencement date, which payment shall be made on the
commencement date. The Tenant covenants to pay concurrently with
the signing hereof, the sum of .One thousand three hundred fifty
dollars & 00/100 ($1,350.00 ), to be credited to the first
month's rent under this Lease as above provided. Tenant agrees,
however, that in the event of the first mortgagee (or trustee
under the first deed of trust) encumbering the said building
takes possession of the premises through foreclosure or
otherwise, the said first mortgagee (or trustees under the first
deed of trust) shall not be accountable for any payments made
pursuant to the last preceding sentence hereof, unless the first
mortgagee (or trustees under the first deed of trust) have
acknowledged receipt, in writing, of the said payments.*
*Annual rental for the second year.shall be 516 &48.00 payable qt-j'2-
in equal monthly installments of il- 04.00.
Annual rental for the third year shall be 517.5 1 9
equal monthly installments of 51.460.16." payable in ?±-
Annual rental for the fourth year shall be 518._ 222.80 payable in
equal monthly installments of 51.519.57
Annual rental for the fifth year shall be .95 7+ n?J Aiv
equal monthly installments of 51.579.31. $ 18 Payable in
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Exhibit A
2. Payment Late Charge,
Time of Essence: The Tenant covenants
to pay the rent as herein provided without deduction whatsoever,
and without any obligation on the Landlord to make demand for it.
To any installment of rent accruing hereunder and any other sum
payable hereunder, if not paid when due, shall be added a late
charge of five (5%) percent of the amount overdue, for each month
the payment is late. Time is of the essence in this lease.
3. Increase of Rent and Taxes-
(a) In the event the real and personal property taxes,
assessments, sewer rents, or other governmental
charges in the nature of taxes (other than income taxes) levied
or assessed against the land or building and fixtures or
equipment (hereinafter called "Real Property") for any future
lease year are greater than the taxes attributable to the Base
Year, as hereinafter defined, then the Tenant shall pay to the
Landlord as additional rent for each lease year or portion
thereof during which this Lease is effective after the Base year,
an amount equal to 2.52 % of such increase, pro rated for the
fractional part of a lease year. Any additional rent due the
Landlord under this Paragraph shall be due within thirty (30)
days after the Landlord has submitted a written statement to-the
Tenant showing the amount due. In the event the "Real Property"
is not separately assessed the parties hereto shall agree on an
assessment figure which shall become the figure for the Base
Year. In the event the parties hereto cannot agree, the question
shall be submitted to arbitration pursuant to Article 7 of the
Annotated Code of Maryland.
If the Landlord takes advantage of any
provisions allowing any assessment to be paid in installments,
Tenant shall be obliged to pay only his proportionate share of
each such installment.
Any reasonable expense incurred by Landlord in
contesting any tax increase shall be included as an item of taxes
for the purpose of computing additional rent due the Landlord.
) first The "Lease Year" is defined the
first twelve (12) full calendar months of the term; subsequent
Lease Years are subsequent twelve (12) month periods.
4. Care of Premises:
care of the Leased Premises Tenant agrees that he will take good
fixtures, and appurtenances,
including exterior doors and windows, window frames, hardware and.
the like, and electric meters, plumbing, heating and air
conditioning equipment (including that on the exterior of the
Demised Premises), and keep same in good order and repair
throughout the term of this Lease, and suffer or permit no waste
or injury; Landlord shall assign to Tenant, for the benefit of
the Tenant, to the extent they are assignable, any warranties on
such equipment furnished Landlord by the Seller and/or provider
thereof; that Tenant will conform to all laws, orders, and
regulations of the Federal, State, County and City authorities,
or any of their departments, and will not, through its own act or
neglect, cause any situation to exist in or about the Leased
Premises which would constitute a violation of any applicable
Federal, State, County, or City Code Regulation or ordinance
governing use, occupancy, health, sanitation, or fire; that he
will not do, or permit anything to be done, in the premises which
will in any way increase the rate of fire insurance on the
building, or conflict with the fire insurance policies on the
building; that he will save harmless the Landlord from any
liability arising from injury to person or property caused by any
act or omission of Tenant, his agents, employees or guests; that
he will repair at or before the end of the term, or sooner if so
requested by the Landlord, all injury done by the installation or
removal of furniture or other property, and will surrender the
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Leased Premises at the end of the term broom cleaned in as good
condition as they were at the beginning of the term, ordinary
wear and tear and casualties by fire and elements only excepted.
In the event of any increase in insurance as a result of the
failure of the Tenant to comply with the provisions of this
Paragraph, the Tenant will pay the amount of such increase as
additional rent within thirty (30) days after the Landlord's
written demand. Nothing in this Paragraph shall be deemed to
place upon the Tenant any obligation to make structural repairs,
improvements or changes which may be required by any governmental
body, provided the same are not required by the Tenant's use of
the premises.
The Landlord shall be under no liability to the
Tenant for any discontinuance of heat, air conditioning, hot
water, and, unless due to Landlord's negligence, the Landlord
shall not be liable for any loss or damage to the Tenant caused
by rain, snow, water or storms that may leak into or flow from
any part of the premises through any defects in the roof or
plumbing or from any other source.
(b) Notwithstanding anything contained herein to the
contrary, Landlord shall have no obligation whatsoever to make
any repairs to the Demised Premises or to the building other than
to make repairs resulting from damage caused by negligence, if
any, of Landlord or its agents or employees or contractors
except as otherwise provided in this Agreement. Landlord agrees
to maintain and will keep in good repair the exterior of the
building and parking areas, unless such repairs are necessitated
by the fault of the Tenant, its agents, employees, business
invitees or guests.
(c) Tenant shall not place a load upon any floor of
the Demised Premises that exceeds the lesser of (i) floor load
per square foot which such floor was designed to carry or (ii)
the maximum floor load per square foot allowed by law. Business
machines and mechanical equipment shall be placed and maintained
by Tenant, at Tenant's expense, in settings sufficient in
Landlord's reasonable judgement to absorb and prevent vibration,
noise and annoyance.
(d) There shall be no allowance to Tenant for any
diminution of rental value and no liability on the part of the
Landlord by reason of inconvenience, annoyance or injury to
business arising from the making by Landlord, Tenant or others of
any repairs in or to the Building or the Demised Premises, or in
or to the fixtures, appurtenances or equipment thereof.
(e) Tenant covenants and agrees that it will, at
Tenant's cost, procure and maintain service/maintenance
contracts/policies (the "Contracts"), the issuers-and contents of
which shall be satisfactory to Landlord (whose judgement in that
regard shall be reasonably exercised), in force throughout the
term of this Lease (including any renewal term) for the heating,
ventilation and air conditioning systems serving the Leased
Premises, in order that those systems and their components will
be kept in good working order and repair. Copies of the
Contracts will be furnished to Landlord as appropriate,
throughout the term (including renewal term). If Tenant has
failed to submit proof to Landlord that the Contracts required
hereby are in force, at any time, Landlord may (but shall not be
required to) procure the appropriate Contracts for Tenant, and
the cost thereof shall be additional rent due by Tenant to
Landlord and shall be due and payable by Tenant to Landlord
within ten (10) days after Landlord sends Tenant documentation
thereof.
Whether or not such Contracts are in force,
Tenant shall be responsible for the cost of all needed repairs to
each and every component of each and every said system.
5. U i !p : Tenant shall, at its own cost and expense,
pay all charges when due for water, gas, electricity, heat, sewer
rentals or charges and any other utility charges incurred in the
use of the Leased Premises. Landlord shall, at Landlord's cost
and expense, install separate electric meters for each Tenant.
b. Use and O QUpan y The Premises are to be used only
for the purpose of a fami3y restaurant and
for no other purpose. Tenant will not use the Premises for any
unlawful purpose; Tenant covenants not to conduct nor permit to
be conducted on the Premises any business in violation of any law
of the City and/or County in which the Premises are located or
State or Federal law, ordinance or regulation.
7. Permitted Name: Tenant shall conduct business on the
Demised Premises only in the name of Littie Ri ham 's
and under no other name or trade name unless and until
the use of some other name is approved in writing by Landlord.
8. Access by LandlnrA: The Landlord shall retain
duplicate keys to all of the doors of the Leased Premises, and
the Landlord or his agents shall have access to the Leased
Premises at all reasonable hours in order to inspect same, to
clean or to make necessary repairs within the Leased Premises or
on said building. The Landlord shall have the right to show the
Leased Premises to prospective tenants at any time during the
final year of the lease term or any extension or renewal thereof,
providing it does not unduly interfere with the Tenant's use of
the Premises.
9. Subordination: This Lease shall be subject to and
subordinate at all times only to the lien of any first mortgage
and/or deed of trust and to all advances made or hereafter to be
made thereunder. This subordination provision shall be self-
operative and no further instrument of subordination shall be
required.
10. Assignment or Sublettina: Tenant shall not assign,
mortgage or encumber this Lease, nor sublet the premises or any
part thereof without the prior written consent of the Landlord.
Said consent to-assignment or sublease may be withheld in the
sole and absolute subjective discretion of the Landlord. In the
event of the insolvency or bankruptcy of Tenant, this Lease
shall, at the option of the Landlord, terminate forthwith, and
this Lease shall not, by operation of law or otherwise, be
considered a part of the Tenant's estate.
11. Alterations: The Tenant covenants not to make or
permit any alterations, additions or improvements to said
premises without the prior written consent of the Landlord, and
all additions and improvements made by Tenant, except only
moveable office furniture, and equipment, shall become the
property of the Landlord at the termination of this Lease or the
vacating of this premises. At the Landlord's request, all such
alterations and improvements shall be restored to their original
condition by Tenant at Tenant's expense at the termination of
this Lease.
12. Increased Fire Insurance Rate: Tenant shall not do,
suffer to be done or keep or suffer to be kept anything in, upon
or about the Demised Premises which will contravene Landlord's
policies insuring against loss or damage by fire or other
hazards, including but not limited to public liability or which
will prevent Landlord from procuring such policies in companies
acceptable to Landlord. If anything be done, omitted to be done
or suffered to be done by Tenant or kept or suffered by Tenant to
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be kept in, upon or about the Premises that shall cause the rate
of fire or other insurance on the Premises or other property of
Landlord in companies acceptable to Landlord to be increased
beyond the minimum rate from time to time applicable to the
Demised Premises for use for the purposes permitted under this
Lease, Tenant will pay the amount of such increase promptly upon
Landlord's demand as additional rent.
13. Common Facilities:
The Common Facilities which may be furnished by
Landlord in or near the Office Building area/building for the
general common use of Tenants, their officers, agents, employees
and customers, including, without limitation, all parking areas,
access roads, employee parking areas, driveways, loading docks
and areas, delivery passages, sidewalks, malls, courts and ramps,
landscaped and planted area, repainting walls, stairways, bus
stops, lighting facilities, comfort stations, elevators and other
areas and improvements, shall at all times be subject to the
exclusive control and management of Landlord. Landlord reserves
the right, in its sole discretion, to change, rearrange, alter,
modify, reduce or supplement any or all of the common facilities
so long as adequate facilities in common are made available to
Tenant herein.
14. Office Appearance Outside: Tenant shall maintain its
show windows in a neat and clean condition, shall keep the
sidewalks adjoining the Demised Premises clean and free from
rubbish, and shall store all trash and garbage in the dumpsters
provided by _tenant Tenant shall not burn any trash of
any kind in or about the building, nor shall Tenant permit
rubbish, refuse or garbage to accumulate or fire hazard to exist
about the Demised Premises.
15. Signs: The Tenant shall not display any sign,
picture, advertisement, awning, merchandise, or notice on the
outside or roof of the building of which the Demised Premises are
a part, nor on the exterior of the Demised Premises unless
approved by the Landlord in writing. Said sign shall be in
conformity, as to size, style and location, with the signage
scheme established by the Landlord for the Building. Tenant
shall, within a reasonable time, submit to Landlord for
Landlord's approval, a sketch of the sign. Tenant shall have no
right to correct the style or size of the sign or lettering
thereon, providing same conform with the scheme mentioned above,
but the corrections shall be only with respect to the spelling of
the names to be displayed thereon.
16. Display: The Tenant shall not display any
merchandise, place vending machines or show cases or other
obstructions on the outside of the building, or the Demised
Premises, or in any lobby or passageway adjoining the same.
17. Layout of Building, The purpose of the site plan
attached hereto as Schedule "A" is to show the approximate
location of the Demised Premises. Landlord reserves the right at
any time to relocate the various buildings, automobile parking
areas and other common areas shown on the site plan. Landlord
hereby reserves the right at any time to make alterations or
additions to and to build additional stories on the buildings in
which the Demised Premises are contained and to build additions
adjoining the same or elsewhere in the Building. Landlord also
reserves the right to construct other buildings or improvements
in the area of the Building from time to time and to make
alterations thereof or additions thereto and to build additional
stories on any such building or buildings and to build adjoining
same.
18. SecurityDepposit; Tenant, contemporaneously with
the execution of this Lease, has deposited with Landlord, the
sum of One thousand hrj b undred fifty dollars & 00/100
($1.350.00 ) Dollars, receipt whereof is hereby acknowledged.
Said deposit shall be held by Landlord, without liability for
interest, as security for the faithful performance by Tenant of
all of the terms, covenants, and conditions of this Lease by said
Tenant to be kept and performed during the term hereof. If at
any time during the term of this Lease any of the rent herein
reserved shall be overdue and unpaid, or any other sum payable by
Tenant to Landlord hereunder shall be overdue and unpaid, then
Landlord may, at the option of Landlord, (but Landlord shall not
be required to), appropriate and apply any portion of said
deposit to the payment of such overdue rent or other sum. Should
the entire deposit, or any portion thereof, be appropriated and
applied by Landlord for the payment of overdue rent or other sums
due and payable to Landlord by Tenant hereunder, then Tenant
shall, upon the written demand of Landlord, forthwith remit to
Landlord a sufficient amount in cash to restore said security to
the original sum deposited, and Tenant's failure to do so within
five (5) days after receipt of such demand shall constitute a
breach of this Lease. Should Tenant comply with all of said
terms, covenants, and conditions and promptly pay all of the
rental herein provided for as it falls due, and all other sums
payable by Tenant in full at the end of the term of this Lease,
or upon the earlier termination of this Lease, the said Security
Deposit shall be returned to Tenant; no interest thereon shall
accrue nor shall any interest be paid to Tenant. Landlord may
deliver the funds deposited hereunder by Tenant to the purchaser
of Landlord's interest in the Demised Premises, in the event that
such interest be sold and thereupon Landlord shall be discharged
from any further liability with respect to such deposit. Tenant
agrees, however, that in the event the first mortgagee (or
trustee under the first deed of trust) encumbering the said
Office Building takes possession of the Premises through
foreclosure or otherwise, the said first mortgagee (or trustees
under the first deed of trust) shall not be accountable for any
payments made pursuant to the first sentence of this Paragraph,
unless the first mortgagee (or trustees under the first deed of
trust) have acknowledged receipt, in writing, of the said
payments.
19. Damage to Premises; If the Premises are partially
damaged by fire or other casualty, not the fault of the Tenant,
Landlord shall make repairs as speedily as conveniently possible.
If the damage is so extreme as to render the Premises wholly
unfit for occupancy, the rent shall cease until the Premises are
put into repair by the Landlord. In the event of total
destruction of the building of which the Demised Premises form a
part, or if in the judgement of the Landlord the damage to the
Demised Premises cannot be repaired within one hundred twenty
(120) days, and if the Landlord shall decide not to restore or
repair the same, or shall decide to demolish the building, the
Landlord may, within sixty (60) days after such fire or other
casualty, by notification to the Tenant, terminate this Lease.
In the event the Premises are only partially damaged and fit for
occupancy, Tenant shall continue to pay rent, which rent shall be
equitably adjusted. In no event shall Landlord be liable for any
loss or damage sustained by Tenant by reason of fire or other
accidental casualty. In the event more than fifty (50%) percent
of the building is destroyed and the Leased Premises are unfit
for occupancy, the Tenant may terminate this Lease upon thirty
(30) days prior written notice to the Landlord.
20. Waiver or Breach: No waiver of any breach of the
covenants, provisions or conditions contained in this Lease shall
be construed as a waiver of the covenant itself or any subsequent
breach itself; and if any breach shall occur and afterwards be
compromised, settled or adjusted, this Lease shall continue '
full force and effect as if no breach had occurred.
6
21. Rules and Regv1ation?y4: Tenant shall comply with all
rules and regulations of the shopping center which
rules and regulations are attached hereto and are hereby made a
part of this Agreement. Any violation of said rules shall be a
violation of this Lease, which shall, subject to the notice
provisions of Paragraph 28(b), at the sole option of the
Landlord, thereupon cease and terminate, and Tenant shall be
liable for all rent (past and future) and other damages to
Landlord as provided in Paragraph 28(b) and/or Landlord shall be
entitled to any other remedy which it may have at law or in
equity and/or otherwise provided for in this Lease. Landlord
shall have the right to make additions and amendments to the
Rules and Regulations, which shall be as binding on Tenant as if
set forth herein, provided such additions and amendments do not
materially and adversely affect the Tenant's use of the Demised
Premises, and provided that they are not inconsistent with the
terms of this Lease.
22. Insurance: The Tenant agrees to procure and maintain
in force public liability insurance in a company or companies
acceptable to Landlord for the leased premises which policies
shall be written to protect the Tenant and the Landlord in
amounts of Five Hundred Thousand Dollars ($500,000) for injury to
one person and One Million Dollars ($1,000,000) for injury to
more than one person, and in amounts of Fifty Thousand Dollars
($50,000) for damage to property, and to furnish to Landlord
certificates of the issuance and maintenance of such policies of
insurance, all of which shall be paid for by the Tenant.
23. Indemnity: Tenant will indemnify Landlord and save
it harmless from and against any and all claims, actions,
damages, liabilities and expenses (including reasonable attorneys
fees) in connection with loss of life, personal injury and/or
damage to property arising from or out of any occurrence in, upon
or at the Leased Premises, or the occupancy or use by Tenant of
the Leased Premises or any part hereof, or occasioned wholly in
part, by act or omission of Tenant, its agents, contractors, or
employees, servants, lessees or invitees. In case Landlord
shall, without fault on its part, be made a party to any .
litigation commenced by or against Tenant, then Tenant shall
protect and hold Landlord harmless and shall pay all costs,
expenses and reasonable attorneys' fees incurred by Landlord in
connection with such litigation. Tenant shall indemnify Landlord
for any damage to any property of Landlord caused by or arising
out of or in connection with any act or omission of Tenant, its
employees, servants, agents, contractors, or invitees, or
Tenant's occupancy or use of the premises or common areas, or
anything, matter or condition of, on or pertaining to the
premises, or any breach by Tenant of any term, covenant or
condition of this Lease to be performed or observed by Tenant.
24. Condemns ion: In the event the whole or any part of
the Leased Premises shall be taken under the power of eminent
domain, or sold under threat thereof, or taken in any manner for
public use, the Landlord, at its option, may terminate this
Lease, which Lease shall then terminate on the effective date of
the condemnation or sale. The compensation awarded or paid for
such taking, both as to Landlord's reversionary interest and
Tenant's interest under this Lease, shall belong to and be the
sole property of the Landlord. Tenant shall have no claim
against the Landlord or be entitled to any award or damages other
than an abatement of the rent beyond the period of termination
date and compensation paid for moving expenses and/or cost of
removal of stock and/or trade fixtures, if allowable by the
condemnor.
25. Additiona? Rent an A tnrne 'c Feec.
the terms of this Lease, any sum of money is requiredntoebe paidr
by Tenant in addition to the rental herein reserved, whether or
not such sum is herein designated as "additional rental", or
7
provision is made for the collection of such sum as "additional
rental", said sum shall, nevertheless, at Landlord's option, if
not paid when due, be deemed additional rent, and shall be
collectable as such. In the event of employment of an attorney
by the Landlord because of the violation of any term or provision
of this Lease, the Tenant shall pay reasonable attorney's fees.
26. Covenant to Surrender: This Lease and the tenancy
hereby created shall cease and terminate at the end of the
original term hereof, without the necessity of any notice of
termination from either Landlord or Tenant, and Tenant hereby
waives notice to remove and agrees that-Landlord shall be
entitled to the benefit of law respecting summary recovery of
possession of the premises from a Tenant holding over to the same
extent as if statutory notice was given, provided, however, that
this Lease and the tenancy hereby created shall not so cease and
terminate at the end of the original term if the Tenant shall
have been granted an option or options to renew and shall have
exercised said option or options in accordance with the terms
thereof and shall be entitled to remain in possession under said
option and/or options, and in said event, this Lease and the
tenancy hereby created shall cease and terminate at the end of
the last option period exercised under the terms of this Lease
without the necessity of any notice of termination from either
Landlord or Tenant, and the Tenant hereby waives notice to remove
and agrees that Landlord shall be entitled to the benefit of law
respecting summary recovery of possession of premises from the
Tenant holding over to the same extent as if statutory notice
were given.
27. Quiet Enjoyment: Landlord covenants that, upon the
payment of the rent herein provided, and the performance by the
Tenant of all covenants herein, Tenant shall have and hold the
premises, free from any interference from the Landlord, except as
otherwise provided for herein.
28. Tenant Default:
(a) In case of the non-payment of rent at the
times provided, and after three (3) days written notice, or in
case the said Leased Premises shall appear to be deserted, or
vacated, the Landlord shall have the right to enter the same and
distrain for any amount of money that may be due under this
Lease, either by force or otherwise, without being liable to any
prosecution therefor, and to apply any proceeds to the payment of
the rent due or to be due, holding the Tenant liable for any
deficiency.
(b) It is agreed that upon any default on the part
of the Tenant of any provision or covenant of this Lease other
than the non-payment of rent, the Landlord shall have the right,
after ten (10) days notice to the Tenant, to perform therefore on
behalf of the Tenant at the risk and expense of the Tenant and to
render a bill for the cost thereof to the Tenant, which shall be
payable as rent. Upon failure of the Tenant to pay such bill
within ten (10) days after sending such bill to the Tenant at the
Leased Premises, the Landlord shall have the same rights against
the Tenant (and with reference to the leased premises) as it has
in the event of non-payment of rent. In addition to the above
remedies, the Landlord shall have the right after ten (10) days'
written notice of a violation by the Tenant of any of the
covenants or provisions on the part of the Tenant contained in
this Lease, to re-enter and take possession of the Leased
Premises without formal notice if the violation has not been
corrected within said ten (10) days after notice (provided that
if the Tenant has commenced to repair the Premises within said
ten (10) days and proceeds, with due diligence to complete same,
it shall not constitute a default), and it is further agreed that
notwithstanding such re-entry, the Tenant shall remain liable for
all rent and other damages and losses as of the date of re-en ry,
8
and shall further be liable, at the option of the Landlord, for
the amount of rent reserved under the Lease for the balance of
the term, less any amount of rent received by the Landlord during
such period from others to whom the Premises may be rented on
such terms and conditions and at such rentals as Landlord, in its
sole discretion, shall deem proper, all of which shall be at the
risk and expense of the Tenant. In addition, Landlord, at its
option, shall have the right to repossess the Leased Premises and
terminate this Lease
(c) In the event Landlord terminates this Lease,
the Landlord may, without further notice, re-enter the Leased
Premises and dispossess Tenant, the legal representatives of
Tenant, or other occupant of the Leased Premises, and remove
their effects and hold the Premises as if this Lease has not been
made. The Landlord shall also be entitled to the benefit of all
provisions of law for the recovery of land and tenements held
over by Tenant in Baltimore County, Maryland, or the County in
which the Premises are located, including the benefit of any
public, general or local laws relating to the speedy recovery of
possession of lands and tenements held over by lessees in said
County in which the Premises are located, that not or may
hereafter be enacted.
(d) It is expressly agreed and understood that the
exercise of any one or more of said rights shall not be construed
as a waiver of any other rights, it being understood that all of
said rights shall be cumulative and may be exercised
simultaneously.
29. Notice: All notices from Tenant to Landlord shall be
sent by Registered or Certified Mail, Return Receipt Requested,
and addressed to Landlord at 9183 Reisterstown Road; Garrison,
Maryland 21055 . After occupancy of the demised premises, all
notices from Landlord to Tenant shall be sent by Registered or
Certified Mail, Return Receipt Requested, and addressed to Tenant
at _ 238 Simpson Ferry Road• Mechanicsburg. PA 17055. Either
party may from time to time, designate, in writing, by Registered
or Certified Mail, Return Receipt Requested, a substitute
address, and thereafter all notices shall be sent to such
substitute address.
30. Additional Security: All property and chattels
brought into the Leased Premises shall be security for the rent
for the term of this Lease and liable to distress therefor, and
none of same shall be removed during the term of this tenancy,
even if the rent has been paid to the time, without the said
Landlord's prior written consent and if the Tenant attempts to
remove any of the said property and chattels contrary to this
Lease, then the rent for the entire period covered by this Lease
shall at once become due and payable, and the Landlord, his
agents, and servants, may distrain for the said rent at any and
all times and as often as the same shall happen, and that the
Tenant also hereby waives the benefit of all laws exempting any
property or chattels on the Leased Premises from distress for
rent. The Tenant hereby declares that all property and chattels
brought into the Leased Premises are free from all encumbrances
and further agrees not to place any encumbrances of any kind
whatsoever on such property or chattels during the term of this
Lease, or any renewal thereof other than equipment which is
leased or subject to a first purchase money security interest.
It is further agreed and understood that the Landlord, his agents
or representatives, has the right to prevent the removal of any
such chattels and property by the Tenant, his representatives
and/or assigns, from the Leased Premises until all claims for
rent and other charges due or to become due under this Lease are
fully satisfied.
31. Other Taxes: Tenant shall assume and pay to
Landlord, as additional rent, prior to the imposition of any
fine, penalty, interest or costs for the non-payment thereof, all
excise, sales, gross receipts, or other tax (other than a net
income or excess profits tax) which may be (i) assessed or
imposed on or be•measured by such rent or other charge which may
be treated as rent, or (ii) which may be imposed on the letting
or other transaction for which such tax is payable and which
Landlord may be required to pay or collect under any law now in
effect or hereafter enacted by any governmental authority: In
the event any tax is imposed pursuant to this Paragraph is
imposed in place of the real property tax, then Tenant shall
receive credit for an amount equal to its proportionate share of
the Base Year tax which would have been paid pursuant to
Paragraph 3 hereof.
32. Representations: Landlord or Landlord's agents have
made no representations or promises with respect to the said
building or Demised Premises except as herein expressly set
forth.
33. Trial by Jury; Landlord and Tenant do hereby waive
trial by jury in any action, proceeding or counter claim brought
by either of the parties hereto against the other on any matters
whatsoever arising out of or in any way connected with this
Lease, the relationship of Landlord and Tenant, Tenant's use or
occupancy of the demised premises, and/or any claim of injury or
damage, and any emergency statutory or any other statutory
remedy.
34. Parking: During the term of this Lease, customers of
Tenant will be entitled to the non-exclusive use, free of charge
but in common with others, of the driveways, footways, and
parking areas provided that such use shall be subject to such
rules and regulations as Landlord may, from time to time,
prescribe governing the same; and provided further that Landlord
shall at all times have full and exclusive control, management
and direction of said driveways, footways and parking areas.
Landlord shall further have the right to police the same; to
restrict parking by Tenant, their agents and employees; to
designate employee parking areas; to establish and enforce
parking charges (by meters or otherwise) with appropriate
provisions for free parking ticket validation by Tenants; to
close temporarily all or any portion of the parking areas or
facilities as may be required for proper maintenance and/or
repairs; to discourage non-customer parking; and to do and
perform such other acts in and to such areas in the use of its
business judgement, the Landlord shall determine to be advisable
in order to improve or make more convenient use thereof by
Tenant, their officers, agents, employees and customers. The
Landlord may, from time to time, change the location, layout and
arrangement of the parking areas, driveways and footways and
reduce the same by erecting therein store buildings and other
structure or improvements of any kind.
35. Tenant's Plans: Tenant agrees that it will furnish
to Landlord, for approval by Landlord's architects, working
drawings for the work to be performed in the Demised Premises not
later than accompanied by S
for the cost of the Landlord's alteration permit for
the work. Landlord will indicate thereon such work as shall be
performed by Landlord at Landlord's expense. All other work
called for on such approved plans may be performed by the
Landlord but at the Tenant's cost and expense, which cost and
expense shall include the cost of all labor and material plus ten
percent (10%) for overhead and ten percent (10%) for profit and
shall be paid by the Tenant within ten (10) days after being
billed therefor by Landlord.
10
36. Regulations: In addition to complying with the
terms, covenants and conditions of this Lease as herein set forth
and as contained in the regulations now in force and hereinafter
enacted, Tenant covenants and agrees to comply with all rules and
regulations imposed or enforced by any person or entity pursuant
to or under the authority of any covenants or restrictions
applicable to the land and building of which the leased premises
are a part.
37. n r: Reference to masculine, feminine or neuter
shall include proper gender as the case may be. If more than one
Tenant is named herein, the obligations of the person so named
shall be joint and several.
38. Option to Renew: Landlord covenants and agrees that
if Tenant shall not be in default in the performance of any of
the covenants, conditions and agreements of this Lease, Tenant
shall have the right and privilege,'at its election, to renew
this Lease for a further term of five (5) years by signifying
its intention to renew, in writing, to the Landlord no later than
six (6) months preceding the termination date of the
original term of this Lease, time being of the essence. This
renewal term shall be upon the same terms, covenants and
conditions as are set forth herein for the original term, saving
that the annual rent (as set forth in Paragraph 1 of this Lease)
for the first year of the renewal term shall be -Nineteen
thousand seven hundred nine dollars D 77/10(5 19 70g 77).
Said annual rental shall be payable in equal monthly installments
of -One thousand six hundred forty two dollar & 48/100
(51.642.48) on the first day of each month in advance.*
39. Construction O Premises: Landlord shall make
available to Tenant the benefits of all warranties and guarantees
obtained from contractors, subcontractors, suppliers and
manufacturers in connection with the original construction and
subsequent alteration and repair of the premises and
appurtenances.
40. Access by Tenant: Prior to the commencement date, Landlord
shall allow the Tenant and their agents or employees to enter
upon the premises for the purpose of erecting fixtures and g?1SrQL
improvements not provided by the Landlord. The Tenant covenants 1
that they and their agents or employees shall enter on the
premises and do their work at such times and in a manner which
will not interfere with the work being performed by the Landlord.
The Tenant further covenants that all work done by them or on
their behalf shall be done in a good and workmanlike manner. The
entry upon the premises by the Tenant or their agents or
employees pursuant to this Paragraph shall not be deemed to be
occupancy of the premises for the purpose of Paragraph 1 hereof.
*Annual rental for the second option year shall be 520.498.16 C(o-q?
payable in equal monthly installments of 51.708.18.
Annual rental for the third option year shall be 521.318.08 vl?}'RG
payable in equal monthly installments of 51.776.50. p
Annual rental for the fourth option year shall be 522.170.80
payable in equal monthly installments of 51.847.56.
Annual rental for the fifth option year shall be 122-,-05-7-63 `q'C)O
payable in equal monthly installments of X1.921.46.
11
41. Estoppel Certificates: Tenant agrees that at any time,
and from time to time,.upon not less than•five (5) days prior
notice by Landlord, it will execute, acknowledge, and deliver to
Landlord a statement in writing certifying that this Lease is
unmodified and in full force and effect (or if there have been
modifications, that the same is in full force and effect as
modified, and stating the modifications) and the dates to which
the rent and other charges have been paid in advance, if any, and
stating whether or not, to the best knowledge of the signer of
such certificate, Landlord is in default in the performance of
any covenant, agreement or condition contained in this Lease and,
if so, specifying each such default of--which the signer may have
knowledge, it being intended that any such statement delivered
hereunder may be relied upon by any third party not a party to
this Lease.
42. Landlord's Liability: It is understood that Landlord
is a Maryland General Partnership, and it is agreed, that in the
event of the entry of any judgment against the partners of said
partnership, as it is now or may hereafter be constituted,
arising out of or by virtue of any obligation required of
Landlord pursuant to this Lease, no assets of any partner shall
be liable to levy and/or execution and/or sale for satisfaction
of said judgement except for the partner's interest in the
partnership property of said partnership (Landlord).
43. Landlord's Insurance Premiums: Tenant agrees to pay,
as additional rent, within thirty (30) days after being billed
therefor by Landlord, which bill accompanied by copies of
supporting invoices, 2.52 % of any and all increases in the
insurance premiums charged Landlord for Landlord's fire, extended
coverage and liability insurances, including umbrella coverage
with respect to the Building, over and above those insurance
premiums for comparable insurances that were charged Landlord
during the first Base Year. The definitions and procedures set
forth in Paragraph 3(a) of the Lease shall be utilized for the
purposes of this Paragraph 43.
44. Possession: The parties hereto anticipate that
the Leased Premises will be ready for occupancy on or about the
first day of October 1 . 1990 . in the event the premises is
not ready for occupancy on the date stipulated, the Lease shall
nevertheless continue in full force and effect and Tenant shall
have no right to rescind, cancel or terminate the same, nor shall
the Landlord be liable for damages, if any, sustained by Tenant's
inability to obtain possession on such date, except that the
commencement date shall be moved forward to the date on which
possession is made available.
45. This Lease and the covenants, terms and conditions
contained herein shall inure to the benefit of and be binding on
Landlord, provided that if Landlord sells or otherwise transfers
title to building or Real Property, the Landlord shall be
relieved of all covenants and obligations hereunder upon
completion of such sale or transfer, and it shall be considered
that the transferee has assumed and agreed to carry out all of
the obligations of the Landlord hereunder. This Lease and the
covenants, terms and conditions contained herein shall be binding
on and inure to the benefit of the Tenant, its heirs,
distributees, executors, administrators, successors, and, except
as otherwise provided in this Lease, it assigns.
12
IN WITNESS WHEREOF, the parties hereto, by the properly
authorized persons and with their respective seals attached, have
duly executed this Lease the day and year first above written.
WITNESS:
r A- -
WITNESS:
_(SEA Ty)
I PARR PARTNERSH P
BY:_ SEAL)
T OMAS L O OPA S
13
RULES AND REGULATIONS
1. The sidewalks, halls passages, elevators and stairways
shall not be obstructed by any of the tenants, or used by them
for any other purpose than for ingress and egress to and from
their respective leased premises.
2. Tenants, their clerks or servants, shall not make or
commit any improper noises or disturbances of any kind in the
building, or mark or defile the waterclosets, toilet rooms,
walls, windows, elevators or doors of the building, or interfere
in any way with other tenants or those having business with them.
3. No carpet, rug or other article shall be hung or
shaken out any window or placed in corridors as a door mat, and
nothing shall be thrown or allowed to drop by the tenants, their
clerks or employees, out of the windows or doors, or down
passages or shafts of the building, and no tenants shall sweep or
throw, or permit to be thrown from the leased premises, or any .
dirt or other substance into any of the corridors or halls,
elevators, shafts or stairways of said building.
4. The toiletrooms, waterclosets, and other water
apparatus shall not be used for any purpose other than those for
which they were constructed, and no sweeping, rubbish, rags,
ashes, chemicals, or the refuse from electric batteries, or other
unsuitable substances, shall be thrown therein. Any damage
resulting from such misuse or abuse shall be borne by tenant by
whom or by whose employees or visitors it shall be caused.
5. Nothing shall be placed on the outside of the
building, or on the windows, windowsills, or projections.
6. No sign, advertisement, or notice shall be inscribed,
painted or affixed on any part of the outside or inside of said
building unless of such color, size, and style, and in such
places upon or in said building as shall be first designated by
Landlord. Signs on doors and windows, where permitted will be
affixed for the tenants by a contractor chosen by Landlord, the
cost of the sign and of the affixing to be paid by tenant.
Directory in the lobby, with the names of tenants, will be
provided by Landlord in accordance with Rule 16 hereof.
7. After permission to install telephones, call boxes,
telegraph wires, or other electrical wires has been granted,
Landlord will direct where and how same are to be placed. No
wires shall be run in any part of the building outside of the
leased premises excepting by or under the direction of Landlord.
The attaching of wires to the outside of the building is
absolutely prohibited. No boring or cutting of floors or
partitions for wires is permitted except with prior written
consent of Landlord.
8. Tenants may use their own safes, but Landlord shall
the right to prescribe the weight and proper position of safes,
and no safe shall be hoisted or placed in any part of the
building excepting under the direction of Landlords agents. All
damage to the building caused by installing, maintaining or
removing safe, furniture, equipment or other property shall be
repaired at expense of tenant.
9. Each tenant must, upon termination of his Lease,
surrender all keys delivered to said tenant.
10. No tenant shall do or permit anything to be done in
said premises or bring or keep anything therein which will in any
way increase the rate of fire insurance on said building or on
property kept therein, or obstruct or interfere with the rights
of other tenants, or in any way injure or annoy them, or conflict
with the laws relating to fires, or with the regulation of the
14
Fire Department or with any insurance policy upon said building
or any part thereof, or conflict with any of the rules and
ordinances of the Department of Health. Tenant shall not conduct
or permit any auction on the premises.
11. Tenant shall deposit its trash and refuse in the
receptacles provided by the Tenant. If so provided by the
Landlord, the cost of said trash removal is to be pro-rated among
the tenants.
12. No animals or birds shall be brought into or kept in
or upon the premises. -
13. No machinery of any kind, except ordinary office and
medical equipment, shall be allowed to be operated on the
premises without the written consent of Landlord.
14. Any and all damage to floors, walls or ceilings or to
personal property due to tenant or tenant's employees' failure to
shut off running water in any piece of equipment shall be paid by
tenant.
15. Tenant shall.not place a load upon any floor of
the demised premises exceeding the floor load per square foot
area which such floor was designed to carry and which is allowed
by law. Business machines and mechanical equipment shall be
placed and maintained by tenant at tenant's expense in settings
sufficient, in Landlord's reasonable judgment, to absorb and
prevent vibration, noise and annoyance.
16. The Directory Board in the entrance lobby of the
building is provided for the exclusive display of the names and
location in the building of each tenant. Each tenant shall pay
the cost of placing tenant's name on the Directory Board.
Landlord reserves the right to exclude from the Directory Board
any name other then tenant's or approved sub-tenant's name. If
Landlord, at Landlord's option, agrees to permit other names to
be added to the Directory Board, Landlord shall have the right to
levy a reasonable rental charge for same.
17. Landlord reserves the right to exclude or expel
from the building any persons who, in the judgment of Landlord,
are intoxicated or under the influence of liquor or drugs, if
their behavior is deemed to be disturbing to other tenants of the
building, or who shall do anything in violation of the Rules and
Regulations of the Building.
18. Room used in common, if any, by tenant shall be
subject to such regulations as are posted therein.
19. Landlord reserves the right to close and keep locked
all entrance and exit doors of the building during hours Landlord
may deem advisable for the adequate protection of the property.
Use of the building and the leased premises before 8:00 A.M. or
after 6:00 P.M., or at any time during Saturday, Sunday, or legal
holidays shall be permissive, and subject to the rules and
regulations Landlord may prescribe, provided, however, that
Landlord shall provide the tenant with a means of access to the
leased premises at all times.
20. Landlord shall have the right to prohibit any
advertising by any tenant which, in Landlord's opinion, tends to
impair the reputation of the building or its desirability as a
building for offices, and upon written notice from Landlord, such
tenant shall refrain from or discontinue such advertising.
21. Landlord assumes no responsibility and shall not be
liable for any damage resulting from the admission of any
authorized or unauthorized person to the building.
15 A
22. No tenant will install blinds, shades, awnings, or
other form of inside or outside window covering, or window
ventilators or similar devices, without the prior written consent
of Landlord, which consent shall not be unreasonably withheld.
MASTER MG.ER
16
LEASE ADDENDUM #1
Notwithstanding any provision in the "Lease" to which this
addendum is attached with respect to the definition of "base
year" for the purpose of calculating additional rent due on
account of tax increases, the following definition shall prevail:
"Base year", as to taxes, shall be the tax fixcal year beginning
July 1, 199_ and ending June 30, 19 91
Notwithstanding any provision in the "Lease" to which this
Addendum is attached with respect to the definitino of "base
year" for purposes of calculating additional rent due on account
of insurance increases, the following definition shall prevail:
"Base year", as to insurance, shall be the insurance fiscal year
beginning August 28, 19 9 and ending August 27, 1991
17
LEASE ADDENDUM II
Tenant to take premises in as-is condition.
Landlord to replace any damaged ceiling tiles
18
Explanation of rights in connection with signing of instrument
containing confession of judgement, as required by opinion of the
Supreme Court of the United States.
Re: Lease between Windsor Park Partnercb;R and Andrew Harmantzil
dated September 14. 1990 to which a Confession of Judgement
provision is attached. Said confession of Judgement allows
judgement to be confessed against the undersigned for the amount
due at any time during the term of the lease that default occurs.
The undersigned certify that the income of the undersigned, or
conjugal, (husband/wife) income of both spouses executing this
document is, at least $10,000 annually.
Affirmed to and s scribed
before me this da of
1'kA_C? 44-- 199&_ .
GG (SEAL)
NOTARIAL SEAL
CkiCTMA IM MM, ftfarV Pubtie
Fkrrisbrg, Dauphin Cormfy, Pa.
R+Fpr Commission Expires Sept. 7, 199°Fl
NotaVv Publ
(SEAL)
(SEAL)
(SEAL)
The undersigned clearly and specifically understand that by signing
the lease referred to above, to which a Confession of Judgement
clause, is attached, THAT-
1. We and each of us authorize the Landlord or Lessor in said lease
to enter a judgement against the undersigned, or either of us at
its discretion and in its favor with 15 days notice prior to entry
of same, this entry will give the holder a lien as security for
payment upon the real property (including the home) owned by the
undersigned at the time it is filed with the prothonotary.
2. We and each of us waive the right to have an opportunity to be
heard prior to the entry of the judgement on the court records,
understanding that the only method to challenge this judgment would
be by proceeding in court to open or strike it, for which
proceedings we may have to pay.
The undersigned acknowledge receipt of a copy of this affidavit and
certify that after reading and fully understanding it, the
undersigned have signed this affidavit intelligently, knowingly and
voluntarily waiving all the above rights, being willing to sign the
above described document despite the consequences set forth above.
Affirmed to and s bscribed
AL)
(SE
befg.r,e,mg this Pit— day of /
(SEAL)
NOTARIAL SEAL
CYNTHIA LOU MYERS, Notary publi (SEAL)
Harrisburg, Dauphin County, Pa,
Ay Commission Expires Sept. 7 199Q j
/ / -mac ( SEAL )
Notaih Publ
GUAR. PA
6,y
ESTABLISHED 1933
i., K
1
h6ow enferprises
9183 Reisterstown Road / Owings Mills, MD 21117-4528
Valley Village Center Lower Concourse
(410) 363-3434 / FAX: (410) 363=6758
March 20, 1995
Mr. Thomas Scorapanus
Little Richards Restaurant
5238 Simpson Ferry Road
Mechanicsburg, PA 17055,
Dear Mr. Scoropanus:
As you know, your Lease shall expire 'on e-t-eber-3 r . By
this letter, we are.`giving you an opportunity to exercise the,
renewal option set forth in your Lease Agreement. By
countersigning hereinbelow, you will agree to exercise the
renewal option set forth in Paragraph 38 of said Lease.
If you have any questions concerning this matter, please do not
hesitate to contact me. Naturally, we look forward to continuing
the relationship between your restaurant and our company at this
location.
Ve t 1 ours, .
1. Adler
The renewal. option set forth in Paragraph 38 of the Lease by and
between Little Richard's Restaurant and Valley Village Associates
is hereby exercised fora period of five (5) yea ?,J PSC?
VA LE V G ASSOCIATES'
cZ ' BY:
TOM CORAPANUS. Aip(fX It. Adler
aascorpa -
Developers. / Builders /Leasing Brokers l Property Managers / Investors
Exhibit B
j5A ?j?j -I-
ESTA LISHED 1 33
1i4'I`C
?6?enferprises
100 Painters Mill Road, Suite 900
P. 0. Box 548
Owings Mills, MD 21117
410-363-3434 / FAX: 410-363-6758
www.davidsbrown.com
March 7, 2000
Mr. Thomas Scorapanos
Little Richard's Restaurant
5238 Simpson Ferry Road
Mechanicsburg, PA 17055
Dear Tom:
As you know, your Lease will expire on September 30, 2000. At that time, you have no
remaining renewal options set forth in your Lease. Nevertheless, the Landlord is willing to
modify your Lease Agreement as set forth hereinbelow.
Therefore, the Lease by and between Windsor Park Shopping Centers Partnership, LLP and
Thomas L. Scorapanos is hereby modified as follows:
1. The lease term shall be extended for a five (5) year term beginning on October 1, 2000
and terminating on September 30, 2005.
2. The basic annual rent for said five (5) year period shall be as follows:
Year Annual Rent Monthly Rent
1-3 $23,057.63 $ 1,921.46
4-5 $24,300.00 $ 2,025.00
Tom, I hope you appreciate that I have retained your current lease rent for the next three (3) years
and then I have a modest bump for the last two (2) years of this term. If you have any questions
concerning this letter, please do not hesitate to contact me.
Development l Construction I Leasing / Property Management
Exhibit C
Mr. Thomas Scorapanos
Little Richard's Restaurant
March 7, 2000
Page 2
If this letter is acceptable, please sign both copies and return one (1) original to me. Since I have
signed this letter in advance and it constitutes an offer, if it is not signed and returned to me by
March 30, 2000, the offer set forth herein shall be deemed null and void without further
correspondence from me. We look forward to continuing the long and successful relationship
between your restaurant and Windsor Park Shopping Center.
Ve truly yours,
hur H. Adler
The terms and conditions of this Letter Agreement are hereby accepted as of this 3 0 day
of March, 2000.
s --
THOMAS SCO A
WINDSOR PARK SHOPPING
C RS P TNERSHIP, LLP
BY:
ArIt H. Adler
aharc
aascorapanos
?,??.?b`?- ?
A 19 05 02t35P Fbeshouse Partners 410 581 2527 P.2
LEASE ASSIGNMENT AGREEMENT
WINDSOR PARK SHOPPING CENTERS, LLP
and
TERRY L. WADLEY and LYNN A. WADLEY
And
THOMAS L. SCOROPANOS
THIS AGREEMENT, made this ? day of July, 2005 by and between the WINDSOR
PARK SHOPPING CENTERS, LLP, hereinafter called "Landlord"; THOMAS L. SCOROPANOS,
hereinafter called Tenant, and TERRY L. WADLEY and LYNN A. WADLEY, hereinafter individually
and collectively called "Assignee".
EXPLANATORY STATEMENT
Landlord and Tenant are pasties to a Lease dated September 14, 1990 as amended (hereinafter
called the "Lease') for the premises described as 5238 Simpson Fury Road, Mechanicsburg, PA 17055;
consisting of 1,800 square feet. Tenant desires to assign to Assignee all of Taunt's right, title and
interest in and to said Lease, and Landlord is willing to consent thereto.
NOW, THEREFORE, the parties hereto covenant for themselves and their respective heirs,
personal representatives, successors and assigns as follows:
As of August 1, 2005, Tenant hereby sells and assigns to Assignee all of its right, title and
interest in and to the said Lease for and during the remainder of the term mentioned therein,
subject to the covenants and conditions therein mentioned.
Assignee hereby assumes said Lease for the balance of the term thereof, and agrees to faithfully
perform all of the covenants, stipulations and agreements contained therein, and, particularly, to
pay the rent and additional rent as therein provided, all to the same extent and as though the
Assignee were the Tenant under the said Leese.
3. Assignee covenants and agrees that he shall do nothing that shall have the effect of creating
a breach of any of the terms, covenants, and conditions of the Lease.
4. Tenant assigns the Security Deposit in the amount of 51.350.00 as well as any and all
escrows paid for Recovery billings, to the Assignee. Tenant shall pay $862.74 through
July 31, 2005 for all pass-throughs due through said date. Assignee shall pay $164.50.
Thereafter, Assignee shall be responsible for any and all pass-throughs.
Tenant Assim=
Water 6(9/04-12/31/04 $241.24 *
Estimated Water 1/1/05-7/31/05 S291.47
Sewer 7/1/04-12/31/04 $ 65.67 *
Estimated Sewer 111/05-7/31105 $ 76.65
County Tax 111105-7/31/05 $182.63 • $130.46 8/1/05-12131/05
Inswrarrce 811105-9/30/05 ( 34.04) ss $ 34:04. 811/05-9/30/05
Estimated Sch Tax 7/1/05-7/31/05 S O-12
S862.74 $164
5. Landlord hereby consents to the Assignment, and agrees to accept all rental payments and
payments of additional rent from Assignee, but upon the express condition that neither such
Exhibit D
19 05 02:35p Rbeshouse Partners 410 581 0527 p.3
consent nor the collection of rent from the Assignee nor the performance of any of the covenants and
conditions of the Lease by the Assignee shall be deemed a waiver or relinquishment for the future of
the covenant against Assignment or subletting. Landlord acknowledges that the Lease is in
operation and effect and that, at the time of the execution hereof, it has no knowledge of any
default by Tenant thereunder.
* Billed but not paid
** Billed and paid
LEASE ASSIGNMENT AGREEMENT
WINDSOR PARK SHOPPING CENTERS, LLP
and
TERRY L. WADLEY and LYNN A. WADLEY
And
THOMAS L. SCOROPANOS
Page 2
6. The Notice address for Assignee shall be at the Premises.
7. This Agreement shall be effective as of the r,? 5 day of July, 2005.
WITNESS the hands and seals of the parties hereto.
WITNESS:
Aa 11 t ?1. 0 1 --
WITNESS:
WITNESS:
WITNESS:
WINDSOR P)AK SHOPPING CENTERS,
LLP
BY:
Adler
THOMAS . SCO OP OS
TERRY L. WADLEY
. C 2 &1' -
4AL. WADLEY
ExkfbrF
07/21/06 FRI 09:46 FAX 410 3; 6758 DAVID S. BROWN ENTE' 'SE Im 003
1. Abeshous-e
P A R T N E R S
July 19, 2005
Mr. Terry L. Wadley
Ms. Lynn A. Wadley
325 Sharon Drive
New Cumberland, Pennsylvania 17070
RE: Lease Renewal
-Dear Mr- a>nd Mrs. Wadley:
The current Lease at 5238 Simpson Ferry Road will expire on September 30, 2005. Under that
Lease, the original Tenant had no remaining renewal options. Nevertheless, Windsor Park
Shopping Centers, LLP is pleased to offer you, as the new Tenant per the Lease Assigrunent, a
renewal option under the following terms and conditions:
The Lease by and between Terry L. Wadley and Lynn A. Wadley and Windsor Park Shopping
Centers, LLP shall be modified as follows:
1. The Lease Term shall be extended for a five (5)-year period commencing on October 1,
2005 and terminating on September 30, 2010.
2. The basic annual rent for said renewal period shall be as follows:
Year Annual Rent Monthly Rent
1 $25,200.00 $21-100.00
2 $26,100.00 $2,175.00
3 $27,000.00 $21250.00
4 $27,900.00 $2,325.00
5 $28,800.00 $2,400.00
Except as expressly modified by the terms of this Letter Agreement, the Lease shall remain in
full force and effect. If the terms of this Letter Agreement are acceptable, please execute both
copies of this letter and return one (1) fully executed original to me. Since Arthur Adler has
signed this letter in advance and it constitutes an offer, if it is not returned to me by July 31,
2005, the offer set forth herein shall be deemed null and void without further correspondence
from me.
Exhibit E
100 Paintots Mild Road • Svito 100 - Owings Mills, Maryland 21117
Toloohonc at P-581 .2520 Fax 410-581.2627
07/21/06 FRI 09:46 FAX 410 1 6758
Page 2 of 2 •..?
July 19, 2005
MT. T L. Wed le and L A. Wadle
DAVID S. BROWN ELATE' *SE
'u
We certainly look forward to your tenancy and your success! If you have any questions, please
do not hesitate to contact me.
a
L)nn'3. Abeshouse, SIOR
Managing Principal
LEA:drt
The terns and conditions of this Letter Agreement are hereby accepted as of this day of
July 2005.
Windsor Park,Aopping Centers, LLP
7-.-
?' /
BY..
A r . Adler Terry L adley
ynW.adley
[a 004
Ak 00
4.5 T ul
(CA)
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-07479 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WINDSOR PARK SHOPPING CENTERS
VS
WADLEY TERRY L ET AL
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
WADLEY TERRY L
to wit:
but was unable to locate Him
deputized the sheriff of YORK
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
On January 18th , 2008,
County, Pennsylvania, to
s office was in receipt of the
attached return from YORK
Sheriff's Costs: So answers
Docketing 18.00 y
Out of County 9.00; =-?
Surcharge 10.00 R. Thomas Kline
Dep York County 69.80 Sheriff of Cumberland County
Postage 4.27
111.07 ? ??d ylo Q c
01/18/2008
COHEN SEGLIAS PALLAS
Sworn and subscribe to before me
this day of
A. D.
? SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-07479 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WINDSOR PARK SHOPPING CENTERS
VS
WADLEY TERRY L ET AL
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
WADLEY LYNN A
but was unable to locate Her
deputized the sheriff of YORK
to wit:
in his bailiwick. He therefore
serve the within COMPLAINT & NnTTrF
County, Pennsylvania, to
On January 18th , 2008 , this office was in receipt of the
attached return from YORK
Sheriff's Costs: So answe-
Docketing 6.00
Out of County .00
Surcharge 10.00 R. Thomas line
.00 Sheriff of Cumberland County
.00
16.00 ?/1ylp? ?,,
01/18/2008
COHEN SEGLIAS PALLAS
Sworn and subscribe to before me
this day of
A. D.
COUNTY OF YORK
RVICLL
OFFICE OF THE SHERIFF s(1
)7 ; 96
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1. PLAINTIFF/S/
Windsor Park Sho
nq Centers. LLP
"TRUCTIONS
PLEASE TYPE ONLY LNE 1 THM 12
DO NOT DETACH ANY COQ
2 COURL /U /'09 Civil
3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINTN OT I C E &
Terry L. Wadley and Lynn A. Wadley Complaint CICA
SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
Lynn A. Wadley
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE)
AT 325 Sharon Drive New Cumberland PA 17070
7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE DEPUTIZE U CERT. MAIL U 1ST CLASS MAIL U POSTED U OTHER
NOW December 14 07 - 1 4
_20 I, SHERIFF O NTY, PA, hereby deputize the sheriff of
York COUNTY to execute thitr wake rt rn t cording
to law. This deputization being made at the request and risk of the plaintiff., --P
SHERIFF OF COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERMfT OF COUNTY CL nberland
Please serve the above defendant at 325 Shearon Drive, New Cumberland PA
Please mail return of service to Cumberland County Sheriff. Thank you.
ADV FEE PAID BY ATTY.
NOTE: ONLY AP CABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watch n, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein fora destruction. or removal of any property before sheriff's sale thereof.
ur_ 9. TYPE E and ADDRESS of ATTORNEY rid SIGNATURE 10. TELEPHONE NUMBER t t ?D I IL 0 7
Steven M. Williams Es 717-234-5530 1L l t-'
1 . SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) r 4M B E R L A N D CO S H E R I F F
Steven M. Williams, Esq. 240 N. Third St., Harrisburg, PA 4I 101
SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LSE
13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date
or complaint as indicated above. M J M C G I L L Y C S O 112-18-2007 1-12-2008
16. HOW SERVED PERSONAL RESIDENCE ( ) POSTED( ) POE { ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
17. O I hejepy certify and return a T FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.)
8 D TITL F DN AL SERVED -
I ADDRESS HERE IF T SHOWN ABOVE Oonshr t fe nt) 19. Date of Service 20 Time of Se ice
ATT be ; M? s Int. Date Tiff Mi Int. Dale ime Miles Int Date Tene Mi Int. Date Time Miles Int. Date Time Miles Int.
22.
23. Advance Costs 24. Service Costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. L32,Tot. Costs 33 Costs Due a Refund Check No
U. Forr ign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mdeage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund
th
41. AFFIRMED and subscribed to bef a me this
SO _S
ANS
42. dayaON>9. 44. Signature of
Dep. Sheriff
1 ??16? 45. DATE
?° 7UFGp
j NOTARIAL SEAL 46. Signature S of Y ork 47. DATE
! LISA L. BOWMAN, NOTARY PUBLIC
6 CITY OF YORK, YORK COUNTY RICHARD P. KEUERLEBER. SHERIFF 1-08-2008
F',W COMMISSION EXPIRES AUG. 12, 2009
48 Signature of Foreign _
49 DATE
County Sheriff
sn I Ar_trstnuu cru c ocrcnor nc r.,c c.??e?«•? a __
OF AUTHORIZED ISSUING AUTHORITY AND TITLE _ 151 DATE RECEIVED
1. WHITE - Issuirq Authority 2. PINK - Attorney 3. CANARY -Sheriff's Office 4. BLUE - Sheriffs Office
.t,? .V.
COUNTY OF YORK
*'0FFICE';6F- THt SHERIFF
45 N. GEORGE ST., YORK, PA 17401
2 COURLTMBE89 Civil
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNE 1 THRU 12
DO NOT DETACH ANY COPS
? ruelnnrrisr
i :L? rv ,' or -art,, Shonmin `inters. LLi?
SERVICE CALL
(717) 771-9601
3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT, {) T I C E
Pc!rr-y' =cjey and Lyrln A. ¢adlev Co'nol ai"It C Ii A
SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
',Ynn A. 'zd dley
6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP, STATE AND ZIP CODE)
AT 325 >rive New Cumberlanc' P 17!D70
7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE XAJ DEPUTIZE :.I CERT MAIL U 1ST CLASS MAIL U POSTED U OTHER
NOW Lr-:?cestl "r 14
20 I` I, SHERIFF OF OW'C'MUNTY, PA, do hereby deputize th sheriff of
York COUNTY t execute this Wrl?a?lx?nce return the cor Ing
to law. This deputization being made at the request and risk Vf the plaintiff. .?.>.F. '=
x } a?, SHE M FF OF UUUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SER? OF C CI U N T Y Cumberldnd
-
s tiah ..L
oC'v^? ^?r?f<`Tl:%;?C1C: at 375 i'
'..xic°lron ?r
; r
Plgdce rndil return of service, to CumbQx.ldnd County She:ri_ff. Thank you.
ADV FEE PAID BY ATTY.
NOTE: ONLY AP CICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
withput a watch n, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for an f ss, destruction. or removal of any property before sheriffs sale thereof
9. TYPE E and ADDRESS of ATTORNEY06JGIaAIQQ,Znd SIGNATURE 10. TELEPHONE NUMBER 1,1., DAiIL f 7
, ?
" tever f. 717-234,-5-530
al/ !7 ?
1 . SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed d notice is to be mailed) i P L A N D CO SHERIFF
t tf.I1 . :iIJ.j . ,
Tr '
1 s 2w40 ''. "?lirc'. St. arris-??arn ji .,
SPACE BELOW FOR USE OF THE SHMff - DO NOT WRITE BELOW THIS L.M+E
13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date
or complaint as indicated above. M i M C G I L L Y C S O 112-18-2007 1 -12 - 2 0 08
16. HOW SERVED PERSONAL RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
17. O 1 hereby certify and return a T FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.)
18. AAMtAWD TITLE OFINDIVI[}UAL SERVED IST°ADDRESS HERE IF NOT SHOWN ABOVE !R bonshigto Defengant) 19. Date of Service 20 Time of Slice
T R
I,id.1(::CU? (t?C
5
ATT $ Dace rmg Miles lnt., Date Time Miles Int. Date ire Miles Int. 1 Date (Time Mf s Int. Date Time Miles Int. Date Time Miles Int
ZIl e
22.
23. Advance Costs 24. Service Costs 25. N/F 26. Mileage ]27. Postage 28. Sub Total 29. Pound 30, Notary 31. Surchg. 32 Tot. Cos:
34. Foreign County Costs 95. Advance Costs 36 Service Costs 37. Notary Cert. ffa M4eage/Postage/Nol Found 39 Total Costs
41. AFFIRMED and subscribed to before me this n SO ANS RS
p ?i f 44. Signature of
42. day of N&MO PII/gµ!(t11?" Il4f&? ? p. Sheriff
NOTARIAL SEAL 46. C gnat re of York
LISA L. BOWMAN, NOTARY PUBLIC '
CITY OF YORK; YORK COUNTY R I C H A R D P . K F U E R L E P t R , S H E R i 1= F
MY COMMISSION EXPIRES AUG. 12, 2009 48. Signature of Foreign
County Sheriff
50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
33 Costs Due or Refund Check No.
40. Costs Due or Refund
45 QA
fJ' C 7
47. DATE
1-08-21008
49 DATE
51 DATE RECEIVED
1. WHITE - Issustg Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherars office
°' ?• I OF 2
COUNTY OF YORK
OFFICE OF'THE SHERIFF
45 N. GEORGE ST., YORK, PA 17401
L/(
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE PLEASE T1 ONLY LM 1 THM) 12
PROCESS RECEIPT and AFFIDAVIT OF RETURN DO wT DETAcH Ably COpaS
r'L^14 r1rr1W 2. COURT NUMBER
Windsor Park Shopping Centers, LLP 4. TYPE OFWRIT 0RCOMPLAINT
3 DEFENDANTIS/ N O T I C E , C I C A
.Terry L. Wadley and Lynn A. Wadley Complaint
SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION Of PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
Ferry L _ Wadley
6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO ,CITY, BORO, TWP .STATE AND ZIP CODE)
AT Z?? Sharon Drive- New C111nherl anr7 _ p? 1 7n7n
7 INDICATE SERVICE U PERSONAL U PERSON IN CHARGE XIO DEPUTIZE jJvCER?T M/?IL a O 1ST CLASS MAIL U POSTED J OTHER
NOW Decanber 14 .20 07 I, SHERIFF OF `AIE COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute this Writ ?a d m0e return thereo • ypording
to law. This deputization being made at the request and risk of the plaintiff.. ?
6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SE841M 0 F C 0 U N T Y Cwberland
ADV FEE PAID BY ATT.
Please serve the above defendant at 325 Sharon Drive, New Cumberland, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
NOTE: ONLY APP CABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a wat , in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein fora , destruction, or removal of any property before sheriffs sale thereof.
9. TYPE and ADDRESS of ATTO IGNATURE 10. TELEPHONE NUMBER 11 DATE FILED
ns?
Ste n M. Williams, Esquire 717-234-5530
If SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). - -
Steven M. Williams, Esq. 240 N. Third St., Harrisburg, pACUMIBfAND CO SHERIFF
SPACE BELOW FOR USE OF THE SFERFF - DO NOT WRITE BELOW TM LM
13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date
or complaint as indicated above. M J M C G I L L Y C S O 112 18-2007 11-12-2008
16. HOW SERVED PERSONAL ( ) RESIDENCE (X POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW
17. O 1 Here fy and return a NOT ND because I am unable to locate the individual, company, etc. named above. (See remarks below.)
18 ITLE OF I A ED / Ll DRESS HERE IF N(J?T SHOWN ABOVE ( unship tendanl 19. Date of Service 20 Time of Service
trC L /? L (? f ???EC07 I<j 05
21. ATT PT le rime Miles Intl Date Time s Int. Date Ti I Miles Int. Date Time M' Int. Date Time Miles Int. Date Time Miles Int.
22
23. Advance Costs 24 Service Costs 25. N!F 26. Mileage 27. Postage 26. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due Refund Check No
;100.00 a, ?oG '-M, IR6 A.
t ?+00 jo )
4
- o '
34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund
8th
41
AFFIRM D
b
6 t
f
b SO ANSWER
.
p su
sc
e
o
a Me
' 7 `.
N
Y
11A /
a
45. f?TE
EL
L
11
Eftb 06S
42. day C1 i Sheriff
, Dep.
`p2
NOTARIALSEJ NOTAR 46. Signature of York
47. GATE
LISA L BOWMAN, NOTARY PUBLIC County Sheriff
C-!;'YOFYORK,YORK COUNTY RICHARD P. KEUERL BER. SHERIFF -08-2008
MY C; = v??t:SSION EXPIRES AUG. 12, 2009
48. Signature of Foreign _
49 DATE
County Sheriff
W. I AGRNUVVLtUUt KEGtIM I UP- I HE 5HtKIFr'S KE I URN HE URN 51UNATUREE I. DATE RECEIVED RECEIVED
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
1. WHITE - Isswrg Authority 2. PINK - Attorney 3. CANARY . Sheriffs Office 4. BLUE - Shenfrs Office
` COUNTY OF YOR
K
HERIFF SERVICECALI,
't FFICE "O "TH S (717) 771-9601
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE NSTRWTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNE 1 THM 12
DO NOT DETACH ANY COPES
1, PLAINTIFF/S/ 2 COURT NUMBER
ar o;inzi Centers, LI,a
3 DEFENDANT/S/ d. TYPE OF WRIT OR COMPLAINT
NOTICE, CI A
r e"1 f3C °
' 1
C z- 'r r117C. ( 6 n t
TIP ? _
f
SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
l er rv? f. 2?1-
6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP, STATE AND ZIP CODE)
AT lZdr;n Drive, New Curl - r1 na+ PA 1707Q
7. INDICATE, SERVICE U PERSONAL U PERSON IN CHARGE YJA DEPUTIZE '-CEBT 'M . U 1ST CLASS MAIL U POSTED U OTHER
NOW Dec-irib--r 14 .20 07 I, SHERIFF OF BY'+?RE?}COUNTY, PA, do twreb deputize t e heriff of
ynrk COUNTY to execute this Fke return here ord?g
to law. This deputization being made at the request and risk of the plaintiff., ? "T v. ,•
+ SHERD F OF CO'ONTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASS19T+IN[ EXPEDI ING S
*14E OF
C, O U N T Y Cum0eriand
.ADV FEE PAID BY ATT. /r Y y
?I .. 1-i: - }-,-, +?V{ 6',e en-dai:i . at 325 Sh; ron ?f-t??
Xi 7.T1t.,, 1
Plecise, Ii-tail return of service to Cmberldnd Courlty Shniriff» Thdrnk you.
NOTE: ONLY APP CABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watch in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein anpilW. destruction. or removal of any property before sheriffs sale thereof.
9. TYPE P" and ADDRESS of ATT A IGNATURE 10. TELEPHONE NUMBER 11 DATE FILED
Steveiz L.. Alilli a'fs, -Esquire- 7'17-?a4-4c? ,/
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed if notice is to be mailed) - 13 -
t?°v n yl _i;:,;a , Js 240 N. Third St., tf rr sbur?, a:?CU)Bf,109 ND CO SHERIFF
SPACE BELOW FOR USE OF THE SH-MIFF - DO NOT WRITE BELOW THIS LNG
13. 1 acknowledge receipt of the writ U I L Y C O 14. DATE RECEIVED 15. Expiration/Hearing Date
or complaint as indicated above. 12-18-2007 11-12-2008
16. HOW SERVED: PERSONAL( ) RESIDENCE ( POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW
17. 0 1 hereby certify and return a NOT F ND because I am unable to locate the individual, company, etc, named above. (See remarks below.)
18. L} TITLE OF INDIyIQUA"- R D / LI DRESS HERE IF NOT SHOWN ABOVE (Re fionship to Defendant 19. Date of Service 20 Time of Service
21 ATT PT Date Time Miles lantl Date Time MTs Int. Date Time Miles Int. Date Time Miles I'M. Dale Time Miles Int. Dale Time Miles Int.
¦ 22.
W
Advance Costs 114. Service Costs 25 N/F 26 Mileage 27. Postage 28. Sub V38. 29. Pound 30. Notary 31. Surchg. 31. Tot. Costa
00.00 `60 CMG ? ??L4 F,13
Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. ileage/Postage(Not Found 39. Total Costs
day of
me
NOTARIAL SEAL i
Li. ^ i . BOWMAN, NOTARY PURL fC `I
C „OF YORK, YORK COUNTY
MY CCV..'ISSION EXPIRES AUG. 12; 2009
44. Signature of ` '
- Dep. Sheriff J ? f
46. Signature of York
County Sheriff?
RICHARD P. KEUERLEBER, SHERIFF
48. Signature of Foreign
County Sheriff
33 Costs Due efund Check No. .
0,,;?-O?lqjq
40. Costs Due or Refund
45.E C'O?
47. DATE
- -08-2008
49 DATE
0. I ACKN SIGNATURE 51 DATE RECEIVED
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
WHITE - Issumo AuBgrity 2. PINK - Attorney 3. CANARY • Sheriffs Office 4. BLUE - Shenfrs Office
I
Cohen, Seglias, Pallas, Greenhall & Furman PC
Steven M. Williams, PA I.D. # 62051
swilliams@cohenseglias.com
240 N. Third Street, 8th Floor
Harrisburg, PA 17101
Attorneys for Plaintiff
WINDSOR PARK SHOPPING
CENTERS, LLP, by its general
partner, HOWARD S. BROWN,
Plaintiff
V.
TERRY L. WADLEY and LYNN A.
WADLEY,
Defendants
To the Prothonotary:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
No. 07-7479 Civil Term
CIVIL ACTION - LAW
PRAECIPE
Please enter judgment in this case against Defendants, Terry L. Wadley and
Lynn A. Wadley, jointly and severally, on the attached Stipulation for the Entry of
Judgment, in the amount of $65,644.75, plus the costs of this action and pre-judgment
and post-judgment interest that accrues from January 1, 2008 (at the rate of $160.39
per day). .01
Respectfully s
Cohen, Se , Pallas,
Gr a all & Furman PC
Date: 3 WDe
By:
Steven M. Williams, PA I.D. #62'051
240 North Third Street, 8th Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Plaintiff
Cohen, Seglias, Pallas, Greenhall & Furman, PC
Steven M. Williams, PA I.D. # 62051
swilliams@cohenseglias.com
240 N. Third Street, 8`h Floor
Harrisburg, PA 17101
(717) 234-5530
Attorneys for Plaintiff
WINDSOR PARK SHOPPING
CENTERS, LLP, by its general
partner, HOWARD S. BROWN,
Plaintiff
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
No. 07-7479 Civil Term
CIVIL ACTION - LAW
STIPULATION FOR THE ENTRY OF JUDGMENT
AND NOW, come Plaintiff and Defendants, intending to be legally bound, and
v.
TERRY L. WADLEY and LYNN A
WADLEY,
enter into this Stipulation for the Entry of Judgment, stating and agreeing as follows:
1. Plaintiff is entitled to the entry of judgment in this case for the amount of
$65,644.75, plus the costs of this action and pre-judgment and post-judgment
interest that accrues from January 1, 2008 (at the rate of $160.39 per day).
2. Consistent with the terms of the Settlement Agreement dated Februaryx203,
2008, Defendants consent and stipulate to the entry of judgment in this case in
favor of Plaintiff and against Defendants, jointly and severally, for the amount of
$65,644.75, plus the costs of this action and pre-judgment and post-judgment
interest that accrues from January 1, 2008 (at the rate of $160.39 per day).
3. At the request of Plaintiff, the Cumberland County Prothonotary is entitled,
authorized and directed to enter judgment in this case in favor of Plaintiff and
against Defendants, jointly and severally, for the amount of $65,644.75, plus the
costs of this action and pre-judgment and post-judgment interest that accrues from
January 1, 2008 (at the rate of $160.39 per day).
4. The parties enter into this Stipulation knowingly and voluntarily and after
consultation with and advice from their respective attorneys.
IN WITNESS WHEREOF, each of the parties has caused this Stipulation to be
executed and delivered as of the day and year indicated above.
WITNESS:
WINDSOR PARK SHOPPING CENTERS, LLP
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C4
cn
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-0 ?T
Ys i - N rn
Cohen, Seglias, Pallas, Greenhall & Furman PC
Steven M. Williams, PA I.D. # 62051
swilliams@cohenseglias.com
240 N. Third Street, 8th Floor
Harrisburg, PA 17101
Attorneys for Plaintiff
WINDSOR PARK SHOPPING
CENTERS, LLP, by its general
partner, HOWARD S. BROWN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
Plaintiff
V.
No. 07-7479 Civil Term
TERRY L. WADLEY and LYNN A.
WADLEY,
Defendants
CIVIL ACTION - LAW
To: Terry L. Wadley and Lynn A. Wadley, Defendants
You are hereby notified that on March 5 , 2008, the following
(OFdeo (Decree) (Judgment) has been entered against you in the above-captioned
case.
$65,644.75, plus the costs of this action and pre-judgment and post judgment
interest that accrues from January 1, 2008 (at the rate of $160.39 per day).
DATE: s105108 6te
Prothon tary
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
Terry L. Wadley
Lynn A. Wadley
325 Sharon Drive
New Cumberland, PA 17070
A: , Defendido/a or Defendidos/as
Por este medio se le esta notificando que el de del 2008,
el/la siguiente (9fdee), (DeGFete), (Pallo) ha sido anotado en contra suya en el caso
mencionado en el epigrafe.
FECHA:
Prothonotario
Certifico que la siguiente direccion es la del defendido/a segun indicada en el
certificado de residencia:
Terry L. Wadley
Lynn A. Wadley
325 Sharon Drive
New Cumberland, PA 17070
Abogado del Demandante
9
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXICUTION
option: Windsor Park Shopping Centers, : ? Confessed Judgment
b its general partner, : Other
Howard S. Brown,
Plaitniff File No. A7-7477-Civil Term
V : Amount Due $65,644.75
Terry L. Wadley and : Interest $160.36 per day from 1/1/2008
Lynn A. Wadley, : Attys Comm tbd
6105 r*Mview Ave Defendants
464 :
aaM W it , PA 17011 Costs tbd
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1%6 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
See attached'.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest
and costs, as above, directing attachment against the above-named' garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
Print Name. Steven M. Williams, Esquire
Address: 240 North Third St, 8th Floor
and all other property of the defendant(s) in the possession, custody or control of said garnishee(s).
n (Indicate) Index this writ against the garnishee (s) as a lis Pend against real estate of the
?(s cribed in the attached exhibit.
Date - Signature:
Harrisburg, PA 17101
Attorney for: Plaintiff
Telephone: 717-234-5530
Supreme court ID No: 62051
r
Please direct the Sheriff to levy on any and all personal property, inventory,
equipment, furnishings and other property of Defendants and Commonwealth Hearing
Center, the Defendants' sole proprietorship business, located at 205 Grandview
Avenue, Suite 201, Camp Hill, PA
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-7479 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WINDSOR PARK SHOPPING CENTERS, by it's
general partner, HOWARD S. BROWN, Plaintiff (s)
From TERRY L. WADLEY and LYNN A. WADLEY, 205 Grandview Avenue, Suite 201,
Grandview Avenue, Camp Hill, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal
property, inventory equipment, furnishings and other property of defendants and
Commonwealth Hearing Center, the Defendants' sole proprietorship business, located at 205
Grandview Avenue, Suite 201, Camp Hill, PA 17011.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $65,644.75
Interest $160.36 per day from 1/01/8
Atty's Comm to be determined %
Atty Paid $262.07
Plaintiff Paid
Date: 9/03/08
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs to be determined
Long, Prothonotary
By:
Deputy
REQUESTING PARTY:
Name STEVEN M. WILLIAMS, ESQUIRE
Address: 240 NORTH THIRD STREET, 8' FLOOR
HARRISBURG, PA 17101
Attorney for: PLAINTIFF
Telephone: 717-234-5530
Supreme Court ID No. 62051