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HomeMy WebLinkAbout08-0477CONTE-BROWNE REALTY, LLC IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS KING D/B/A SUGAR 08 - 1411 l?lvl I Term BRITCHES, Defendant CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (800) 990-9108 CONTE-BROWNE REALTY, LLC IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS KING D/B/A SUGAR 72v ps_ q7 7 (? ,( 77_zz.. BRITCHES, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Conte-Browne Realty, LLC, by and through its attorneys, Butler Law Firm, and files this Complaint against Defendant, Travis King d/b/a Sugar Britches, and in support thereof avers the following: 1. The Plaintiff, Conte-Browne Realty, LLC, is a limited liability company organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 2009 Market Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Travis King d/b/a Sugar Britches, is an adult individual with a last known address of 212 S. Front Street, Wormleysburg, Cumberland County, Pennsylvania. 3. On or about September 7, 2006, Plaintiff and Defendant entered into a written commercial lease agreement ("Lease Agreement") whereby Defendant leased from Plaintiff the premises known as 212 S. Front Street, Wormleysburg, Cumberland County, Pennsylvania for use as a Beauty Salon/Hair Care business. A true and correct copy of said Lease Agreement is attached hereto and made a part hereof as Exhibit "A". 4. Pursuant to the terms of the Lease Agreement, the initial term of the lease is for a period of ten (10) years commencing September 7, 2006. 5. Pursuant to the terms of the Lease Agreement, Defendant was to pay rent in the amount of $5,000.00 per month for the initial term of the lease. 6. Pursuant to the terms of the Lease Agreement, Defendant may not assign the Lease Agreement or sublet the leased premises without the prior written consent of Plaintiff. 7. In breach of the Lease Agreement, Defendant has failed and refused to pay the full amount of rent due for the months of October through December, 2007. Plaintiff received rental payments in the amount of $3,500.00 for each of these months resulting in overdue rent in the amount of $4,500.00 ($1,500 x 3 months). 8. In breach of the Lease Agreement, Defendant has sublet the leased premises to Crystal Pointe North, LLC without the prior written consent of Plaintiff. 9. Pursuant to the terms of the Lease Agreement, upon Defendant's default Plaintiff is entitled to overdue rent and the immediate payment of unpaid rent for a twelve (12) month period. The amount of overdue rent ($4,500.00) plus rent for a twelve (12) month period ($60,000.00) equals $64,500.00. 10. Pursuant to the terms of the Lease Agreement, Plaintiff is entitled to all court costs and reasonable attorney's fees arising out of or relating to Defendant's default of the Lease Agreement. The amount of legal fees expended or to be expended is equal to approximately twenty-five percent (25%) of the total amount due to Plaintiff or $16,125.00. 11. To date, the ?otal amount currently due and owing by Defendant to Plaintiff pursuant to the terms of the ease Agreement, including past due rent, rent for a twelve (12) month period, attorney's fees and court costs is $80,625.00. ?I WHEREFORE, P14infiff demands judgment against Defendant in the sum of $80,625.00 plus interest and costs and all such other relief as this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM By: Ronald D. Butler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 12103/2007 13:31 7179750646 PAGE 02111 LEASE THIS LEASE, entered it Conte-Browne Realty, Ll Pennsylvania ("Landlord") Wormleysburg Pennsylvai o this 7A day of 2006, by and between - Hill, Cum Coun of 2009 Market Street, Ctlp I and Travis King dba Sugar Britches, of 212 S rlFron Street, is ("Tenant"). NOW, THEREFORE, in consideration of the premises, mutual terms, covenants and conditions herein contain , and the rent reserved to be paid by Tenant to Landlord, the parties hereto, intending t be legally bound, do hereby agree and covenant as follows: 1. PREMISES. improved premises Pennsylvania (the " 2. TER,?iII. The Ten (1 Conte-Browne Really, LL tenth anniversary of the Le, have the option (the Optic "Option Term'. In the e% delivering to Landlord on c written notification of the ex 3. POSSESSION. Commencement Date. 4. USE. The Premises rd leases to Tenant and Tenant leases from Landlord the at 292 S. Front Street, Wormleysburg, Cumberland County, 5"1 ? Year term shall commence on purchase of the building by (the "Commencement Date") and shall expire on the m (the "Term"}. Notwithstanding the foregoing, Tenant shall ") to extend the Term to for two (2) five (5) year terms (the nt Tenant desires to exercise the Option, it shall do so by before ninety (90) days prior to the expiration of the Term rcise of the Option. of the Premises shall be delivered to Tenant upon the be used by Tenant for Beauty Salon/Hair Care, etc. 5. MT-AL. Tenant she I pay Landlord as rent during the Term of this Lease from the Commencement Date equal monthly payments of Five Thousand and 00/100 Dollars ($5,000.00) or such pro-rate amount thereof, in the event the Commencement Date occurs upon a date other the, i the 1d day of the month. 6. ANNUAL RENT 1 Cy ASES. Starting on the third anniversary of the Initial Lease Term rent will increase by o e and half percent (1 %%) compounded per year through year ten (10). Options to be egotiated at a later date. 7. MAINTENANCE. Te?ant shall be responsible for all interior and exterior maintenance. EXHIBIT "All 12/03/2007 13:31 7179750646 PAGE 03x'11 ?I 8. STRUCTURAL A ERATIONS. Tenant shall not make any structural alterations to the premises without Landlord's prior written consent. Landlord shall not unreasonably withhold its consent for an structural alterations. In any event; before such alterations are made, Tenant shall caus a Stipulation Against Liens to be recorded at the appropriate office at the Cumberland ounty Courthouse. 9. NONSTRUCTURA ALTERATIONS AN FIX TURES. Tenant, at its cost, may make reasonable nonstru tural alterations to the interior of the Premises and may attach or build into the Premises su h equipment, machinery and fixtures therein as Tenant requires in order to conduct it busi ess on the Premises. 10. MECHANICS' UE S. Tenant will not permit any mechanic's claim or lien to be placed upon the Premises r any building or improvement constituti ng a part thereof during the term, and in case of th filing of any such claim or lien, Tenant will promptly discharge same or procure a lien reel ase bond by a good and sufficlent surety corporation. in an amount equal to one-half (12) times the amount of the claim or lien. If default in discharge thereof or procuring of a b nd shall continue for thirty (30) days after written notice from Landlord to the Tenant, the andlord shall have the right and privilege at Landlord's option of paying die same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest shall be deemed additional rental due and payable by Tenant to Landlord. 11. UT_ ILITIES AND SE VICES. Tenant shall pay for all utilities and services furnished including gas, electricity, to ephone service, heat, air conditioning, water, sewage, and trash collection, and for all onnection charges. 12. A. Exculpation of Landlo . Landlord shall not be liable to Tenant for any damage to Tenant or Tenant's Property from any cause, including any defective condition of any pa of the Premises, whether or not caused by Landlord's negligence, except for such conditions that existed prior to the date of this Lease. Tenant waives all clai s against Landlord for damage to person or property arising for any reason, from a date of the Lease, except that Landlord shall be liable to Tenant for damage to enant resulting from the grossly negligent acts or omissions of Landlord or its auth riled representatives. B. Indemnity. Tc harmless from all darn occurring in, on, or al persons for damage re representatives or for ; date of the lease. Lanc of any such damage. the extent permitted by law, Tenant shall hold Landlord ages arising out of any damage to any person or property out the Premises, except that Landlord shall be liable to ulting from the acts or omissions of landlord or its authorized oh damages that arise from claims that existed prior to the ord shall hold Tenant harmless from all damages arising out 4 party's obligation under this paragraph to indemnify and 2 12/0312007 13:31 7179750646 ! PAGE 04/11 hold the other party harmless shall be limited to the sum that exceeds the amount of insurance proceeds, if any, received by the party being indemnified. C. Public Uab I' and Property Damage Insurance. obtain combined b dily injury and property damage liability insurance Tenant, twits cost, shall if with liability .limit of not less tha One Million Dollars ($ 1,000,000.90) Per occurrence, insuri against all liability v Tenant and its authorized representatives aris ng out of artdnn connection with TO ant's use or occupancy of the Premises. All public liability insurance and property damage insurance shall insure performance by Tenant of the indemnity provisions of Subparagraph (B) above. Both parties shall b named as co-Insurers, and the policy shall contain a cross- liability endorsement. D. Tenant's Fir Landlord's and Tena and alterations, in, of coverage insurance, extent of at least one any such policy shall the restoration of Tei E. Fire Ins ran expense, shall main the Premises a polii extent of at least full i names of Landlord standard mortgagee having a lien against F. Proof of Insui delivered to Landlord time. 13. DESTRUCTION AND structure is so damaged by f unfit for occupancy, then, at from Tenant given within si.) terminate as of the date of the the rent apportioned to the tii repossess the demised premi,, to terminate the term of this U shall abate until the premises business. The Lease shall th Insurance. Tenant, at its cost, shall maintain on all of it's personal property, Tenant's and Landlord's improvements, , or about the Premises, a policy of standard fire and extended nrith vandalism and malicious mischief endorsements, to the hundred per cent (100%) of their value. The proceeds from le used by Tenant for the replacement of personal property of ant's and Landlord's improvements or alterations. wil umil n ns umer im rove- nts. Landlord, at its i on the building and other improvements that are a part of of standard fire and extended coverage insurance to the dacement value. The insurance policy shall be issued in the d Tenant as their interests appear, and shall contain a 1dorsement in favor of the holder of any mortgage holder Premises. D-. Proof of all insurances as required hereunder shall be Landlord's mortgagee as requested by either from time to rct57 vRATION. If, during the term of this Lease, the e or other casualty that the Premises are rendered wholly enant's option, the term of this lease, upon written notice e (60) days after the occurrence of such damage, shall occurrence of such damage. In such case, Tenant shall pay ie of such occurrence and Landlord may enter upon and :s without further notice to Tenant. If Tenant does not elect rase, Landlord will repair the structure and payment of rent ire ready to be occupied by Tenant for the conduct of his ?n be extended for a period of time equal to the time the 3 12/0312007 13:31 7179750646 PAGE 05/11 Premises were unoccupi d by Tenant. If the Premises shall be only slightly damaged so that such damage or the damage to the structure does not render the Premises unfit for occupancy, Landlord sha I repair whatever portion, if any, of the Premises that may have been damaged and Tena it will continue in possession and rent will not be apportioned or suspended. 14. A. Defi___ niflon. (1) "Condemnation" means (i) the exercise of any governmental power, whether by legal proceedings or otherwise by a condemnor and (ii) a voluntary sale or transfer by Landlord to any condemnor, in lieu of condemnation, under threat of condemnation or while legal proceedings for condemnatipri pending. (2) "Date of taking" means the date the condemnor has the right to possession o the property being condemned. (3) "Awa awarded, pai " means all compensation, sums, or anything of value , or received on a total or partial condemnation. (4) "Conde nor" means any public or quasi-public authority, or private corporation o individual, having the power of condemnation. B. Parties' Ri h' term, there is any to and Obli ations to be Governed b Lease. If, during the ing for all or any part of the Premis Lease by condemn determined pursuant es or any interest in this tion, the rights and obligations of the parties shall be o this paragraph. C. Total Taking. If the Premises are totally taken by condemnation this Lease shall terminate on the , date of taking. D. Partial Talrinn 1. Effect on condemnation, to terminate th improvements c unsuitable for T terminate this Li this paragraph I nature and the E to terminate this Lease - If any portion of the Premises is taken by this Lease shall remain in effect, except that Tenant can elect is Lease if the remaining portion 'of the building or other ir the parking area that are a part of the Premises is rendered enant's continued use of the Premises. If Tenant elects to ,ase, Tenant must exercise its right to terminate, pursuant to )y giving notice to Landlord within thirty (30) days after the extent of the taking have been determined. If Tenant elects Lease as provided in this paragraph, Tenant also shall notify 4 1210312007 13:31 7179750646 PAGE 06111 Landlord o the date of termination, which date shall not be earlier than thirty (30) days or later than ninety (90) days after Tenant has notified Landlord of its election to terminate on the date of taking if the date of taking falls on a date before the date of termination as designated by Tenant. If Tenant does not terminate this Lease within the thirty Lease shal continue in full force and effect, except that (30) t shall be re aced pursuant to this paragraph. 2. Effe on Rent - If any portion of *the Premises is taken by condemnati n and this Lease remains in full force and effect, on the date of taking the onthly rent shall be reduced by an amount that Premises in same the ratio to Mon hly Rent as the value of the area of the portion of the Premises taken bears o the total value of the Premises immediately before the date of taking. 3• Resto ation of Premises - If there is a partial taking of the Premises and this Lea a remains in full force and effect, Landlord, at its cost shall accomplish a I necessary restoration. , Rent shall be abated or reduced during the period from the date of taking until the completion of restoration, but all other obligations of Tenant, under this lease, shall remain in full force and effect. The abatement or reduction of rent shall b based on the extent to which the restoration interferes with Tenant's use Of the Premises. E. Awa_ _rd D1stri tion. The. entire award shall belong to and be paid to Landlord, except that Tenant shall receive from the award the following: 1 • A sum attributable to Tenant's improvements or alterations made to the Premises y Tenant in accordance with this Lease, which Tenant's improvements or alterations Tenant has the right to remove from the Premises, purs antto the provisions of this Lease, but elects not to remove; and 2. A sum a ributable to that portion of the award constituting Tenant's relocation costs if included in the award; and 3. Any spe al damage which, by their nature, are awardable only to the Tenant and wo Id not, under any circumstances nor under any provision of this Lease, be a ardable to Landlord. 15. ASSIGNMENT AND prior written consent, have Premises. U_ETTING_. Tenant shall, upon receipt of the Landlords right to assign or sublease the whole or any part of the 5 12/03/2007 13:31 7179750646 16. UIET ENJ YM enjoy possession of the other person claiming ui has a sufficient ownersh of this Lease. 17. NO_ TICES. All notic be in writing and shall be United States mail, postag the addresses set out be complying with this paragr TO LANDLORD. TO TENANT: 18. D AULT. PAGE 07/11 VT. Landlord covenants, to allow Tenant quietly and peaceably to remises free from interference or interruption of Landlord or any Dr or through Landlord, and Landlord represents to Tenant that it interest in the Premises to enter into and cant' out the provisions as or other communications, pursuant thereto, to any party shall deemed given when delivered personally or deposited in the Prepaid, return receipt requested, addressed to the parties at low, or at such other address as provided for by a notice inh- Conte-Browne Realty, LLC 2009 Market Street Camp Hill, PA 17011 ravis King 12 S. Front Street Jormleysburg, PA 17043 A. Tenant's Deaaul The occurrence of any of the following shall constitute an event of default by T pant: 1. Failure o pay rent or other sum of money (including deposits) when due, or to hav effective insurance coverage per the terms of this Lease, if the failure con nues for fifteen (15) days after written notice has been given to cure the de ult. 2. Failure perform any other provision of this Lease if the failure to perform is not ured within thirty (30) days after notice has been given, to Tenant to cure he default. If the default cannot reasonably be cured within thirty (30) days, Tenant shall not be in default of this Lease if Tenant commences to ure the default within the thirty (30) day period and diligently and in good fa th continues to cure *the default; provided, however, that Landlord's inter;, nter st in the Premises are not prejudiced in the interim. Notices given u der this paragraph shall be in writing and sent by certified mail, return re ipt requested, postage prepaid, and shall specify the alleged default, and sha I demand that Tenant perform the provisions of this Lease or pay the rent th t is in arrears, as the case may be, within the applicable 6 12103/2007 13:31 7179750646 PAGE 08/11 period of time. No such notice shall be deemed a forfeiture or a termination of this Lease unless Landlord so elects in the notice. B. Landlord's Remedies, Landlord shall use best efforts to mitigate any loss or damage suffered from Tenant=s default under this Lease. Landlord shall, nonetheless, have the following remedies if Tenant commits an event of default. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allow by law or equity. 1 • Term nation of Tenant's Right to Possession - Landlord can terminate all of Tenant rights hereunder, including Tenant's right to possession of the Premises at any time. Tenant shall quit and surrender the Premises to Landlord on a date Landlord terminates this lease. No act or omission by Landlord oth r than giving notice to Tenant shall terminate this Lease. On termination, andlord has the right to recover from Tenant immediately the total unpaid r' ntal, not to exceed rent payable for a twelve (12) month period, and any oth r amounts, and court costs and reasonable attorney's fees, necessary to ompensate landlord for all damages arising out of or relating to Tenant's d fault. 2. Landlo d's Right to Cure Tenant's Default - Landlord, any time after Tenant comm a default, can cure the default at Tenant's cost. If Landlord, at anytime, by reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately m Tenant to Landlord at the time the sum is paid, and if paid at a later date, half bear interest at the rate often percent (10°x) per annum from the date he sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent. 3. Amicable Action In Ejectment - Tenant hereby irrevocably constitutes any attorney any Court of Record in any State of the United States, attorney for it a d in its name, from time to time, to enter an amicable action and judgment i ejectment against Tenant, using this Lease or a copy hereof as authority an causing a writ of possession to be issued, together with a writ of executi n for amounts due as aforesaid, together with costs, attorney's fees nd other expenses of sale. The power conferred by this paragraph is a ontinuing power, and may be exercised as frequently as occasion may r quire. 19. SUBORDINATION. If lender to Landlord requires that this Lease be subordinate to any encumbrance recorde after the date of this Lease affecting the Premises, this Lease shall be subordinate to hat encumbrance Tenant shall attorn to any purchaser at any foreclosure sale, or to any grantee or 7 12/03/2007 13:31 7179750646 transferee designated in PAGE 09111 deed given in lieu of foreclosure. Tenant shall execute the written agreement and any other documents required by the lender to accomplish the purposes of this paragraph, and upon failure to do so, hereby irrevocably constitutes Landlord its attomey-in-factto execute said documents in its name. 20• WAIVER. No dela or omission in the exercise of any right or remedy of Landlord on any default by Tenant hall impair such a right oar remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall c nstitute only a waiver of timely payment for the particular rent payment involved. Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning th same or any other provision of this Lease. 21- ACCORD AND SAT SFACTION. No payment by Tenant or receipt by Landlord of a lesser amount than any pay ent of rent or other sum+herein stipulated shall be deemed to be other than on account of the earnest stipulated rent or other sum then due and payable, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent b deemed an accord and sstitfaction, such check or and landlord may accept payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy provided in this Lease, at law or in equity. 22• SU RENDER O PR of Tenant's default, all fixture or built into the premises in not by or at the expenses surrendered with the Premi; Tenant's expense, to remov, appurtenances, and Tenant; the commencement date. An property owned. by Tenant ai property of Tenant and may long as Tenant is not in defai have not become a part of I removed, Tenant shall repair resulting from such removal. If Tenant fails to surrender the the term as required by this I damages resulting from Tena limitation, claims made by a st =MiSES_. Upon the earliet termination of this Lease for reason equipment, improvements and appurtenances attached to ich a manner as to become part of the freehold, whether or of Tenant, shall becorrle and remain a part of and be es, except that Landlord may elect to require Tenant, at any or all.of such fixtures, equipment, improvements and call restore the Premises -to as good condition as existed on furniture, furnishings and otherarticles of movable personal d located in the Premises, shall be and shall remain the e removed by it any time during the term of this Lease so It of any of its obligations under this Lease, and the same ie freehold; provided, that if any of Tenant's property is )r pay the cost of repairing any damage to the Premises remises to Landlord upon the expiration or termination of ragraph, Tenant shall (fold Landlord harmless from all `s failure to surrender the Premises, including, without seeding Tenant. 8 12/03/2007 13:31 7179750646 PAGE 10111 23. Lease. 24. GOVERNING LA the parties hereto, shall 25. AM N S. j change or addition to this and signed by their autho 26. ENTIRE AGREE Parties and supersedes within subject matter. understandings, oral or subject matter of this Le Time is of the essence of each provision of this The construction of this Lease and the rights and remedies of governed by the law of the Commonwealth of Pennsylvania. IWJMQ IMM U IANCiES. No modification, amendment, e shall be binding. on the parties unless reduced to writing representatives. 1T. This Lease contains the entire understanding between the prior written or oral agreements between them respecting the re are no representations, agreements, arrangements, or ten, between and among the parties hereto relating to the which are not fully expressed herein. 27. SEVERAQILITy, If any term or provision or portion thereof of this Lease, or application thereof to any person or circumstance be held invalid, the remainder of said term or provisions and/or of this Lease shall not be affected thereby, and, to this end, the parties hereto agree that the terms and provisions of this Lease are severable. 28. CONSTRUCTION. V substituted for the masculin( singular shall be substituted convenience only and do no "Tenant" shall mean and inc contractors, successors and otherwise provided. 29. COMMI SIONS. No tenant indemnify each other 30, . LEGALLY BINDING. benefit and bind the parties hereverthe context so requires, the feminine gendershall be the masculine for the feminine or*the neuter for either, the for the plural and vice versa. Paragraph headings are for constitute a part of this Lease. The terms "Landlord" and ide, where required by the context, all agents, employees, assigns of Landlord and Tenant, except where expressly fissions are due or payable on this lease. Landlord and any other claims. t as herein otherwise specified, this Lease shall legally, and their respective successors and assigns. 9 12103/2007 13:31 7179750646 IN WITNESS WHEREOF, have hereunto set their ha Attest PAGE 11111 the parties hereto, with the intent to be legally bound hereby, nds and seals the day and year first above written. Cont - ne Realty, LLC ("Landlord") By: MIN 955 Travis King dba Sugar Britches By: Owner 10 VERIFICATION I, Dennis Browne, the facts set forth in the knowledge, information and I understand that 18 Pa. C.S. §4904 relating to Member and Manager of the Plaintiff herein, hereby certify that ng Complaint are true and correct according to the best of my false statements herein are made subject to penalties of falsification to authorities. ennis Browne Dated: 1 1 MOS ? ? od o `fl O (1? ? rJ? V" __ ..s fl _ C__. :? O ^? , _,_. ? i ?'? ? .. t ?^..' .:.: r ' -1 s. _ <. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONTE-BROWNE REALTY LLC VS KING TRAVIS DBA SUGAR BRITCHES R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit. KING TRAVIS D/B/A SUGAR BRITCHES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 31st , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County Postage 18.00 9.00 10.00 34.15 -) n n 73.55 01/31/2008 BUTLER LAW FIRM So answg R. Thomas Kline Sheriff of Cumberland County 2fo,rkYZr- Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2008-478 Cumberland County Conte-Brown Realty LLC VS Travis King d/b/a Sugar Britches c/o Salon Vigorous 7 Ann St. Duncannon, PA 17020 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Travis King d/b/a Sugar Britches, but was unable to locate him/her in his bailiwick. He therefore returns the within Notice & Complaint for the above named Defendant(s) Travis King d/b/a Sugar Britches at 7 Ann St. Duncannon, PA 17020. NOT FOUND. DEFENDANT DOES NOT OWN SALON AND IS NO LONGER THERE. Sincerely, di cr, 1,0%a Sworn and subscribed to before me this 30A day of , 2008. dli1 NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 Carl E. Nace Sheriff of Perry County t y ??ti? of ?Cum•?Q?t R. THOMAS KLINE?Y. J Sheriff it EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Please mail return of service to Cumberland County Sheriff: Thank you. Conte-Brown Realty LLC T0: Hon. Carl NdCe RE:. VS Perry County Sheriff Travis King d/b/a Sugar Britches 08-477 civil Dear Sheriff: Enclosed please find Notice and Complaint to be served upon Travis King d/b/a Sugar Britches c/o Salon Vigorous 7 Ann Street Duncannon, PA 17020 Mondays (not too early) are the best times to try service. in your County. Kindly make service thereof and send us your return of service. Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania -Enclosures: i In The Court of Common Pleas of Cumberland County, Pennsylvania Conte-Brown Realty LLC VS. Travis King d/b/a Sugar Britches No. 08-477 civil Now, January 28, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA CONTE-BROWNE REALTY, LLC Plaintiff V. TRAVIS KING D/B/A SUGAR BRITCHES, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-477 Civil Term CIVIL ACTION - LAW PRAECIPE Pursuant to Pa.R.C.P. No. 401(1)(b), please reinstate the Complaint in the above- captioned matter. A a 0 Dated: / ? 2 ) Jana tier Toole, Esquire Atto ey for Plaintiff I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Q -Ti t d ? b >n 04 CONTE-BROWNE REALTY, LLC Plaintiff V. TRAVIS KING DB/A SUGAR BRITCHES, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-477 Civil Term : CIVIL ACTION - LAW PRAECIPE Pursuant to Pa.R.C.P. No. 401(1)(b), please reinstate the Complaint in the above- captioned matter. Dated:3 c Butler Toole, Esquire Attorney for Plaintiff I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 ? TIC d i w tl ? a -t C -P 11- Csg CONTE-BROWNE REALTY, LLC, Plaintiff V. TRAVIS KING D/B/A SUGAR BRITCHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-477 CIVIL ACTION - LAW PLAINTIFF'S MOTION FOR SPECIAL ORDER DIRECTING SERVICE BY PUBLICATION IN CUMBERLAND COUNTY, PENNSYLVANIA AND NOW, comes the Plaintiff, Conte-Browne Realty, LLC, by and through its attorneys, Butler Law Firm, and moves this Court for a special order permitting service of the complaint in this action by publication pursuant to Pa.R.C.P. 430(a) and in support thereof avers the following: The instant action concerns a complaint for money damages relating to the breach of a written commercial lease agreement. The lessee is Defendant, Travis King (d/b/a Sugar Britches). A true and correct copy of the complaint is attached hereto and made a part hereof as Exhibit "A". 2. Defendant vacated the leased premises located at 212 S. Front Street, Wormleysburg, Cumberland County, Pennsylvania leaving no forwarding address. 3. Based on Plaintiffs information and belief that Defendant maybe working at a new location, Plaintiff first attempted service upon Defendant at Salon Vigorous, 7 Ann Street, Duncannon, Pennsylvania 17020. Service was attempted by the Perry County Sheriffs office on or about January 30, 2008. Defendant was not found. The Perry County Sheriff's office Return of Service is attached hereto and made a part hereof as Exhibit "B". 4. Plaintiff's attorney attempted to verify the information received by the Perry County Sheriff's office by anonymously contacting Salon Vigorous under the pretense of making an appointment with Defendant. Plaintiff's attorney was informed that Defendant does not work at that location. On or about March 3, 2008, another attempt was made to serve the complaint upon Defendant by certified mail, restricted delivery, return receipt requested to 62 Nealpath, South Setauket, New York 11720. On or about March 24, 2008, the certified mail was returned to sender marked "Not deliverable as addressed. Unable to Forward." 6. Plaintiff's attorney performed a national search using Accurint to located Defendant. This search revealed two (2) possible current addresses and (1) possible current work address as follows: (1) 710 Quaker Circle, Apartment 5, Lewisberry, Pennsylvania 17339- 9254 ("Lewisberry address"); (2) 401 Park Circle, Mechanicsburg, Pennsylvania 17055-7026 ("Mechanicsburg address"); and (3) "Vigorous by Travis" at 2304 Forest Lane, Harrisburg, Pennsylvania. 7. On or about March 13, 2008, Plaintiff attempted service at the Lewisberry address. Plaintiff's process server, Edward T. Ferguson, an adult individual, went to the location. The door was answered by a young woman who explained that a Travis King did reside there but was not the same age as the Defendant and never worked as a hair stylist like the Defendant. A true and correct copy of an Affidavit signed by T. Edward Ferguson is attached hereto as Exhibit "C". On or about April 1, 2008, Plaintiff's attorney contacted Vigorous by Travis at the telephone number listed in the local telephone directory. A recording informed Plaintiff's attorney that the telephone number had been disconnected and no new number was available. 9. On or about April 7, 2008, Plaintiff's attorney contacted a local real estate agent who informed Plaintiff's attorney that the Mechanicsburg address is vacant. This property is listed for sale for an asking price in the amount of $950,000.00. Travis S. King is listed as the owner of the property according to the Cumberland County online tax assessment database. 10. Plaintiff has made a good faith effort to locate and serve Defendant, but has been unsuccessful. 11. Unless this Court allows alternate service by publication in Cumberland County, Pennsylvania, Plaintiff will be unable to maintain this action and injustice will result. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order directing special service of the complaint on Defendant by publication in Cumberland County, Pennsylvania. Respectfully Submitted, BUTLER LAW FIRM Attorneys for Plaintiff j-- By: Ronald D. Butler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 ,V CONTE-BROWNE REALTY, LLC Plaintiff v. TRAVIS KING D/B/A SUGAR BRITCHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N - X177 (241 l `Germ CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without farther notice for any money claimed in the Complaint or for any claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (800) 990-9108 n..J Rib _ ao---------.._-,°$ F,I -D 15TA,TE --v -- ---------- _..-_ i-OWE CO FROM RECORD ,n TeOmanY wherf,?3{, "'Crc uPlt) Se tip}( h1i4? I" Sal 0( saki l at Carfiiste4 Pa. -ayg rv EXHIBIT "As CONTE-BROWNE REALTY, LLC IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS KING D/B/A SUGAR BRITCHES, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Conte-Browne Realty, LLC, by and through its attorneys, Butler Law Finn, and files this Complaint against Defendant, Travis King d/b/a Sugar Britches, and in support thereof avers the following: 1. The Plaintiff, Conte-Browne Realty, LLC, is a limited liability company organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 2009 Market Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Travis King d/b/a Sugar Britches, is an adult individual with a last known address of 212 S. Front Street, Wonnleysburg, Cumberland County, Pennsylvania. 3. On or about September 7, 2006, Plaintiff and Defendant entered into a written commercial lease agreement ("Lease Agreement") whereby Defendant leased from Plaintiff the premises known as 212 S. Front Street, Wonnleysburg, Cumberland County, Pennsylvania for use as a Beauty Salon/Hair Care business. A true and correct copy of said Lease Agreement is attached hereto and made a part hereof as Exhibit "A". 4. Pursuant to the terms of the Lease Agreement, the initial term of the lease is for a period of ten (10) years commencing September 7, 2006. 5. Pursuant to the terms of the Lease Agreement, Defendant was to pay rent in the amount of 55,000.00 per month for the initial term of the lease. 6. Pursuant to the terms of the Lease Agreement, Defendant may not assign the Lease Agreement or sublet the leased premises without the prior written consent of Plaintiff. 7. In breach of the Lease Agreement, Defendant has failed and refused to pay the frill amount of rent due for the months of October through December, 2007. Plaintiff received rental payments in the amount of $3,500.00 for each of these months resulting in overdue rent in the amount of $4,500.00 ($1,500 x 3 months). 8. In breach of the Lease Agreement, Defendant has sublet the leased premises to Crystal Pointe North, LLC without the prior written consent of Plaintiff. 9. Pursuant to the terms of the Lease Agreement, upon Defendant's default Plaintiff is entitled to overdue rent and the immediate payment of unpaid rent for a twelve (12) month period. The amount of overdue rent ($4,500.00) plus rent for a twelve (12) month period ($60,000.00) equals $64,500.00. 10. Pursuant to the terns of the Lease Agreement, Plaintiff is entitled to all court costs and reasonable attorney's fees arising out of or relating to Defendant's default of the Lease Agreement. The amount of legal fees expended or to be expended is equal to approximately twenty-five percent (25%) of the total amount due to Plaintiff or $16,125.00. 11. To date, the total amount currently due and owing by Defendant to Plaintiff pursuant to the terns of the Lease Agreement, including past due rent, rent for a twelve (12) month period, attorney's fees and court costs is $80,625.00. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $80,625.00 plus interest and costs and all such other relief as this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM By. / dx Ronald D. Butler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 PAGE e2/11 12/83/2807 13:31 7179750646 LEASE THIS LEASE, entered into this 7A day of - 2006, by and between Conte-Browne Realty, LLC of 2009 Market Street, C mp Hill, Cumberland County, Pennsylvania ("Landlord"), and Travis King dba Sugar Britches, of 212 S. Front Street, Wormleysburg Pennsylvania ("Tenant'. NOW, THEREFORE, in consideration of the premises, mutual terms, covenants and conditions herein contained, and the rent reserved to be paid by Tenant to Landlord, the parties hereto, intending to be legally bound, do hereby agree and covenant as follows: 1. PREMISES. Landlord leases to Tenant and Tenant leases from Landlord the improved premises located at 212 S. Front Street, Wormleysburg, Cumberland County, Pennsylvania (the "Premises"). 2. TERM. The Ten (10) year term shall commence on purchase of the building by Conte-Browne Realty, LLC (the "Commencement Date") and shall expire on the tenth anniversary of the Lease (the "Term"). Notwithstanding the foregoing, Tenant shall have the option (the "Option") to extend the Term to for two (2) five (5) year terms (the `Option Term'. In the event Tenant desires to exercise the Option, it shall do so by delivering to Landlord on or before ninety (90) days prior to the expiration of the Term written notification of the exercise of the Option. 3. POSSESSION. Possession of the Premises shall be delivered to Tenant upon the Commencement Date. 4. USE. The Premises shall be used by Tenant for Beauty Salon/Hair Care, etc. 5. RENTAL. Tenant shall pay Landlord as rent during the Term of this Lease from the Commencement Date equal monthly payments of. Five Thousand and 00/100 Dollars ($5,000.00) or such pro-rated amount thereof, in the event the Commencement Date occurs upon a date other than the 1 St day of the month. 6. ANNUAL RENT INCREASES. Starting on the third anniversary of the Initial Lease Term rent will increase by one and half percent (1 %%) compounded per year through year ten (10). Options to be negotiated at a later date. 7. MAINTENANCE. Tenant shall be responsible for ail interior and exterior maintenance. EXHIBIT "'All PAGE 03!11 12/03/2007 13:31 7179750646 8. STRUCTURAL ALTERATIONS. Tenant shall not make any structural alterations to the premises without Landlord's prior written consent. Landlord shall not unreasonably withhold its consent for any structural alterations. In any event, before such alterations are made, Tenant shall cause a Stipulation Against Liens to be recorded at the appropriate office at the Cumberland County Courthouse. 9. NONSTRUCTURAL ALTERATIONS AND FIXTURES. Tenant, at its cost, may make reasonable nonstructural alterations to the interior of the Premises and may attach or build into the Premises such equipment, machinery and fixtures therein as Tenant requires in order to conduct it business on the Premises. 10. MECHANICS' LIENS. Tenant will not permit any mechanic's claim or lien to be placed upon the Premises or any building or improvement constituting a part thereof during the term, and in case of the filing of any such claim or lien, Tenant will promptly discharge same or procure a lien release bond by a good and sufficient surety corporation. in an amount equal to one-half (112) times the amount of the claim or lien. If default in discharge thereof or procuring of a bond shall continue for thirty (30) days after written notice from Landlord to the Tenant, the Landlord shall have the right and privilege at Landlord's option of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest shall be deemed additional rental due and payable by Tenant to Landlord. 11. UTILITIES AND SERVICES. Tenant shall pay for all utilities and services furnished including gas, electricity, telephone service, heat, air conditioning, water, sewage, and trash collection, and for all connection charges. 12. INDEMNITY AND EXCULPATION: INSURANCE. A. Exculpation of Landlord. Landlord shall not be liable to Tenant for any damage to Tenant or Tenant's Property from any cause, including any defective condition of any part of the Premises, whether or not caused by Landlord's negligence, except for such conditions that existed prior to the date of this Lease. Tenant waives all claims against Landlord for damage to person or property arising for any reason, from the date of the Lease, except that Landlord shall be liable to Tenant for damage to Tenant resulting from the grossly negligent acts or omissions of Landlord or its authorized representatives, B. indemni . To the extent permitted by law, Tenant shall hold Landlord harmless from all damages arising out of any damage to any person or property occurring in, on, or about the Premises, except that Landlord shall be liable to persons for damage resulting from the acts or omissions of landlord or its authorized representatives or for such damages that arise from claims that existed prior to the date of the lease. Landlord shall hold Tenant harmless from all damages arising out of any such damage. A party's obligation under this paragraph to indemnify and 2 PAGE 04/11 ,12/03/2007 13:31 7179750646 hold the other party harmless shall be limited to the sum that exceeds the amount of insurance proceeds, if any, received by the party being indemnified, C. Public Liability and Property Damage Insurance, Tenant, at its cost, shall obtain combined bodily injury and property damage liability insurance with a liability limit of not less than One Million Dollars ($ 1,000,000.00) per occurrence, insuring against all liability of Tenant and its authorized representatives arising out of and in connection with Tenant's use or occupancy of the Premises. All public liability insurance and property damage insurance shall insure performance by Tenant of the indemnity provisions of Subparagraph (B) above. Both parties shall be named as co-insurers, and the policy shall contain a cross- liability endorsement. D. Tenant's Fire Insurance. Tenant, at its cost, shall maintain on all of Landlord's and Tenant's personal property, Tenant's and Landlord's improvements, and alterations, in, on, or about the Premises, a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, to the extent of at least one hundred per cent (100%) of their value. The proceeds from any such policy shall be used by Tenant for the replacement of personal properly of the restoration of Tenant's and Landlord's improvements or alterations. E. Fire Insurance on Building and Other improvements, Landlord, at its expense, shall maintain on the building and other improvements that are a part of the Premises a policy of standard fire and extended coverage insurance to the extent of at least full replacement value. The insurance policy shall be issued in the names of Landlord and Tenant as their interests appear, and shall contain a standard mortgagee endorsement in favor of the holder of any mortgage holder having a lien against the Premises. F. Proof of Insurance. Proof of all insurances as required hereunder shall be delivered to Landlord and Landlord's mortgagee as requested by either from time to time. 13. DESTRUCTION AND RESTORATION. If, during the term of this Lease, the structure is so damaged by fire or other casualty that the Premises are rendered wholly unfit for occupancy, then, at Tenant's option, the term of this lease, upon written notice from Tenant given within sixty (60) days after the occurrence of such damage, shall terminate as of the date of the occurrence of such damage. In such case, Tenant shall pay the rent apportioned to the time of such occurrence and Landlord may enter upon and repossess the demised premises without further notice to Tenant. If Tenant does not elect to terminate the term of this Lease, Landlord will repair the structure and payment of rent shall abate until the premises are ready to be occupied by Tenant for the conduct of his business, The Lease shall then be extended for a period of time equal to the time the J PAGE 05/11 .12/03/2007 13:31 7179750646 Premises were unoccupied by Tenant. If the Premises shall be only slightly damaged so that such damage or the damage to the structure does not render the Premises unfit for occupancy, Landlord shall repair whatever portion, if any, of the Premises that may have been damaged and Tenant will continue in possession and rent will not be apportioned or suspended. 14. CONDEMNATION. A. Definition. (1) "Condemnation" means (i) the exercise of any governmental power, whether by legal proceedings or otherwise by a condemnor and (ii) a voluntary sale or transfer by Landlord to any condemnor, in lieu of condemnation, under threat of condemnation or while legal proceedings for condemnation are pending. (2) "Date of taking" means the date the condemnor has the right to possession of the property being condemned. (3) "Award" means all compensation, sums, or anything of value awarded, paid, or received on a total or partial condemnation. (4) "Condemnor" means any public or quasi-public authority, or private corporation or individual, having the power of condemnation. B. Parties' Rights and Obligations to be Governed by Lease. If, during the term, there is any taking for all or any part of the Premises or any interest in this Lease by condemnation, the rights and obligations of the parties shall be determined pursuant to this paragraph. C. Total Takinst. If the Premises are totally taken by condemnation, this Lease shall terminate on the date of taking. D. Partial Takina. 1. Effect on Lease - If any portion of the Premises is taken by condemnation, this Lease shall remain in effect, exceptthatTenant. can elect to terminate this Lease if the remaining portion "of the building or other improvements or the parking area that are a part of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate, pursuant to this paragraph by giving notice to Landlord within thirty (30) days after the nature and the extent of the taking have been determined. If Tenant elects to terminate this Lease as provided in this paragraph, Tenant also shall notify a PAGE 06/11 .12!03`2007 13:31 7179750646 Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate on the date of taking if the date of taking falls on a date before the date of termination as designated by Tenant. If Tenant does not terminate this Lease within the thirty (30) day period, this Lease shall continue in full force and effect, except that the monthly rent shall be reduced pursuant to this paragraph. 2. Effect on Rent - if any portion of the Premises is taken by condemnation and this Lease remains in full force and effect, on the date of taking the monthly rent shall be reduced by an amount that is in the same ratio to Monthly Rent as the value of the area of the portion of the Premises taken bears to the total value of the Premises immediately before the date of taking. 3. Restoration of Premises - If there is a partial taking of the Premises and this Lease remains in full force and effect, Landlord, at its cost, shall accomplish all necessary restoration. Rent shall be abated or reduced during the period from the date of taking until the completion of restoration, but all other obligations of Tenant, under this lease, shall remain in full force and effect. The abatement or reduction of rent shall be based on the extent to which the restoration interferes with Tenant's use of the Premises. E. Award Distribution. The, entire award shall belong to and be paid to Landlord, except that Tenant shall receive from the award the following: 1. A sum attributable to Tenant's improvements or alterations made to the Premises by Tenant in accordance with this Lease, which Tenant's improvements or alterations Tenant has the right to remove from the Premises, pursuantto the provisions of this Lease, but elects not to remove; and 2. A sum attributable to that portion of the award constituting Tenant's relocation costs, if included in the award; and . 3. Any special damage which, by their nature, are awardable only to the Tenant and would not, under any circumstances nor under any provision of this Lease, be awardable to Landlord. 15. ASSIGNMENT AND SUBLETTING. Tenant shall, upon receipt of the landlords prior written consent, have the right to assign or sublease the whole or any part of the Premises. 5 PAGE 87'11 12,'03!2007 13:31 7179750646 16. QUIET ENJOYMENT, Landlord covenants, to allow Tenant quietly and peaceably to enjoy possession of the Premises free from interference or interruption of Landlord or any other person claiming under or through Landlord, and Landlord represents to Tenant that it has a sufficient ownership interest in the Premises to enter into and carry out the provisions of this Lease. 17. NOTICES, All notices or other communications, pursuant thereto, to any party shall be in writing and shall be deemed given when delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the parties at the addresses set out below, or at such other address as provided for by a notice complying with this paragraph: TO LANDLORD: TO TENANT: 18. DEFAULT. Conte-Browne Realty, LLC 2009 Market Street Camp Hill, PA 17011 Travis King 212 S. Front Street Wormleysburg, PA 17043 A. Tenant's Default. The occurrence of any of the following shall constitute an event of default by Tenant: 1. Failure to pay rent or other sum of money (including deposits) when due, or to have effective insurance coverage per the terms of this Lease, if the failure continues for fifteen (15) days after written notice has been given to cure the default. 2. Failure to perform any other provision of this Lease if the failure to perform is not cured within thirty (30) days after notice has been given. to Tenant to cure the default. If the default cannot reasonably be cured within thirty (30) days, Tenant shall not be in default of this Lease if Tenant commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default; provided, however, that Landlord's interest in the Premises are not prejudiced in the interim. Notices given under this paragraph shall be in writing and sent by certified mail, return receipt requested, postage prepaid, and shall specify the alleged default, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable 6 PAGE 08/11 12,1`033/2007 13:31 7179750646 period of time. No such notice shall be deemed a forfeiture or a termination of this Lease unless Landlord so elects in the notice. B. Landlord's Remedies. Landlord shall use best efforts to mitigate any loss or damage suffered from Tenant=s default under this Lease. Landlord shall, nonetheless, have the following remedies if Tenant commits an event of default. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law or equity. 1. Termination of Tenant's Right to Possession - Landlord can terminate all of Tenant's rights hereunder, including Tenant's right to possession of the Premises at any time. Tenant shall quit and surrender the Premises to Landlord on the date Landlord terminates this lease. No act or omission by Landlord other than giving notice to Tenant shall terminate this Lease. On termination, Landlord has the right to recover from Tenant immediately the total unpaid rental, not to exceed rent payable for a twelve (12) month period, and any other amounts, and court costs and reasonable attorney's fees, necessary to compensate landlord for all damages arising out of or relating to Tenant's default. 2. Landlord's Right to Cure Tenant's Default - Landlord, any time after Tenant commits a default, can cure the default at Tenant's cost. If Landlord, at anytime, by reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and if paid at a later date, shall bear interest at the rate of ten per cent (10%) perannum from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent. 3. Amicable Acton in Ejectment - Tenant hereby irrevocably constitutes any attorney of any Court of Record in any State of the United States, attorney for it and in its name, from time to time, to enter an amicable action and judgment in ejectment against Tenant, using this Lease or a copy hereof as authority and causing a writ of possession to be issued, together with a writ of execution for amounts due as aforesaid, together with costs, attorney's fees and other expenses of sale. The power conferred by this paragraph is a continuing power, and may be exercised as frequently as occasion may require. 19. SUBORDINATION. If a lender to Landlord requires that this Lease be subordinate to any encumbrance recorded after the date of this Lease affecting the Premises, this Lease shall be subordinate to that encumbrance Tenant shall attorn to any purchaser at any foreclosure sale, or to any grantee or 7 PAGE 09?11 12103,2007 13:31 7179750646 transferee designated in any deed given in lieu of foreclosure. Tenant shall execute the written agreement and any other documents required by the lender to accomplish the purposes of this paragraph, and upon failure to do so, hereby irrevocably constitutes Landlord its attorney-in-fact';to execute said documents in its name. 20. WAIVER. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease. 21. ACCORD AND SATISFACTION. No payment by Tenant or receipt by Landlord of a lesser amount than any payment of rent or other sum ?hereln stipulated shall be deemed to be other than on account of the earliest stipulated rent or other sum then due and payable, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy provided in this Lease, at law or in equity. 22. SURRENDER OF PREMISES. Upon the eadiet termination of this Lease for reason of Tenant's default, all fixtures, equipment, improvements and appurtenances attached to or built into the premises in such a manner as to become part of the freehold, whether or not by or at the expenses of Tenant, shall become and remain a part of and be surrendered with the Premises, except that Landlord may elect to require Tenant, at Tenant's expense, to remove any or all of such fixtures, equipment, improvements and appurtenances, and Tenant shall restore the Premises to as good condition as existed on the commencement date. Any furniture, furnishings and other articles of movable personal property owned. by Tenant and located in the Premises, shall be and shall remain the property of Tenant and may be removed by it any time during the term of this Lease so long as Tenant is not in default of any of its obligations under this Lease, and the same have not become a part of the freehold; provided, that if any of Tenant's property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises resulting from such removal. If Tenant fails to surrender the Premises to Landlord upon the expiration or termination of the term as required by this paragraph, Tenant shall hold Landlord harmless from all damages resulting from Tenant's failure to surrender the Premises, including, without limitation, claims made by a succeeding Tenant. 8 PAGE 10/11 . -12/03!2007 13:31 7179756646 23. TIME IS OF THE ESSENCE. Time is of the essence of each provision of this Lease. 24. GOVERNING LAW, The construction of this Lease and the rights and remedies of the parties hereto, shall be governed by the law of the Commonwealth of Pennsylvania. 25. AMENDMENTS, ADDITIONS AND CHANGES. No modification, amendment, change or addition to this Lease shall be binding. on the parties unless reduced to writing and signed by their authorized representatives. 26. ENTIRE AGREEMENT. This Lease contains the entire understanding between the parties and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements, or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Lease which are not fully expressed herein. 27. SEVERABILITY. If any term or provision or portion thereof of this Lease, or application thereof to any person or circumstance be held invalid, the remainder of said term or provisions and/or of this Lease shall not be affected thereby; and, to this end, the parties hereto agree that the terms and provisions of this Lease are severable. 28. CONSTRUCTION. Wherever the context so requires, the feminine gender shall be substituted for the masculine, the masculine for the feminine or'the neuter for either, the singular shall be substituted for the plural and vice versa. Paragraph headings are for convenience only and do not constitute a part of this Lease. The terms "Landlord" and "Tenant" shall mean and include, where required by the context, all agents, employees, contractors, successors and assigns of Landlord and Tenant, except where expressly otherwise provided. 29. COMMISSIONS. No commissions are due or payable on this lease. Landlord and tenant indemnify each other from any other claims. 30,. . LEGALLY BINDING. Except as herein otherwise specified, this Lease shall legally benefit and bind the parties hereto and their respective successors and assigns: 9 PAGE 11:` 11 -1?/03/2007 13:31 7179750646 IN WITNESS WHEREOF, the parties hereto, with the intent to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. Attest ?Co7nt- ne Realty, LLC ("Landlord") By: LUl'fN?55 Travis King dba Sugar Britches By: D+? n rs? 10 VERIFICATION I, Dennis Browne, Member and Manager of the Plaintiff herein, hereby certify that the facts set forth in the foregoing Complaint are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of i 8 Fa. C.S. §4904 relating to unsworn falsification to authorities. J?Sennis Browne Dated: i I i (v I U8 SHERIFF'S RETURN In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2008-478 Cumberland County Conte-Brown Realty LLC VS Travis King d/b/a Sugar Britches clo Salon Vigorous 7 Ann St. Duncannon, PA 17020 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Travis King d/b/a Sugar Britches, but was unable to locate him/her in his bailiwick. He therefore returns the within Notice & Complaint for the above named Defendant(s) Travis King d/b/a Sugar Britches at 7 Ann St. Duncannon, PA 17020. NOT FOUND. DEFENDANT DOES NOT OWN SALON AND IS NO LONGER THERE. Sincerely, z 421 cr, xz. e Sworn and subscribed to before me this 30A day of , 2008. 0 NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 Carl E. Nace Sheriff of Perry County AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF DAUPHIN On this q+)` day of PIZI L 2008, personally appeared before me, a Notary Public, Edward T. Ferguson, who, being duly sworn according to law, deposes and says that on March 13, 2008, at approximately 6:30 p.m., I went to 710 Quaker Circle, Apartment 5, Lewisberry, Pennsylvania 17339-9254. A woman answered the door and informed me that a person named Travis King resides at that apartment and that he was at work at the time. She further informed me that the Travis King living at the apartment was younger than the Defendant and that he never worked as a hair stylist like Defendant. I was satisfied with her responses and left the apartment. i d4 a-:- Edward T. F guson SWORN to and subscribed before me this I day of A Pk-i L , 2008. ?? otary Public My Commission Expires: .OMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHERYL L. FERGUSON, Notary Public City of Harrisburg, Dauphin County My Commission Expires April 6, 2012 ?; .-., APR 1 6 2008 CONTE-BROWNE REALTY, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-477 TRAVIS KING D/B/A SUGAR BRITCHES, Defendant CIVIL ACTION -LAW ORDER AND NOW, this day of „ 7 , 2008, upon consideration of Plaintiff's Motion for Special Order Directing Service by Publication in Cumberland County, Pennsylvania, it is hereby ORDERED that the Motion is GRANTED. q--A ,,..tro, w 6-1 e t..?h f- sJ °"d . ,,j u I.- -f'e a_. c.? Y K- 0.dd s -( -?,,? 4L '_.10 ?- . BY THE COURT: TO: -'-Ronald D. Butler, Esquire Attorney for Plaintiff 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 Cow M?.? )Y ? 1S1U8 "t Q :1 Hd 81 dv ROR CONTE-BROWNE REALTY, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-477 TRAVIS KING D/B/A SUGAR BRITCHES, Defendant CIVIL ACTION -LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. Personally appeared before me, a Notary Public in and for said Commonwealth and County, Jana Butler Toole, Esquire, who being duly sworn according to law, deposes and says that on April 22, 2008, a true and correct copy of the Complaint filed in the above-captioned matter was mailed by certified mail, return receipt requested to Travis King at 401 Park Circle, Mechanicsburg, Pennsylvania 17055. Said Complaint was returned to sender marked "Moved Left No Address" by the United States Post Office. Attached as Exhibit "A" is the green card and a true and correct copy of the front of the envelope as returned by the post office. SWORN to and subscribed before me this 3601 day of May, 2008 6tary Public CWM L. FERCUS4M. NotsrCft of Harrisburg, D.A?** My c=wAssim Expires April 500 North Third Street My Commission Expires: CpMMONWEALTH f P NNSYLYANIA NOTARIAL. SEAL P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 W4 7108.1004 ? ? i Pos, .: r'• --?_'?'='P17M EY BOWES $005.551 000258590, 8 APR 22 2008 7006 2760 0004 0033 5797 N10-rD "ROM ZJP COD=, 7 ; 01 TRAVIS KING 401 PARK CIRCLE MECHANICSBURG PA 17055-7026 RE-17URN 70 SENDER 141NG MOVED LEFT NO ADDRESS UNAMLE TO FORWARD RETURN 70 SENDER IBC: 17109100404 *2423-01000-23-.20 1710901004 ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. Iiii Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on tknt if space permits. 1. Article ARMNOW to: ,JLQ,trc.,d ?? V t v ? CJ 00', yc?sS- 7026 A. Signature ? Agent ? Addnww B. Received by ( Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type 11116 ed Mail ? Express Mail ? Registered ? Return Receipt for Memhandlee O-insured Mail ? C.O.D. 4. Restricted Delivery? (Extre Fee) ? yes 2. Article NumbaR (1n3nslerfromservicelaw 7006 2760 0004 0033 5797 (Domestic Mail Only; No Insurance Coverage For delivery information visit our website at www.u M m C3 Po C7 :1-9- T$ ,I- Certified Fee C3 Return Receipt Fee Postmark Here 0 (Endorsement Required) A Restricted Delivery Fee C3 (Endorsement Required) I(?000"'""" Total Postage & Fees $ d rU p Sent To` ? /i G t G ?D e'LC?(C C3 o.; -- -- - rfrWei,-A-p--t.--N - r"- PO Box N-- - ?ity St te, ZIP+4 1-70 _Z5770 7 1025055.02-nt-1840 QLAn "IBIVA" C c-? ,s C. 4D NJ ;+ ?'rt CONTE-BROWNE REALTY, LLC, Plaintiff V. TRAVIS KING D/B/A SUGAR BRITCHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-477 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Please enter judgment against Defendant, Travis King d/b/a Sugar Britches, in the above-captioned action, in the amount of $80,625.00 plus interest and costs being the amount demanded in the complaint. By Order dated April 18, 2008, this Court granted Plaintiff's Motion for Special Order Directing Service by Publication in Cumberland County and by certified and regular mail to all known address of the defendant. A true and correct copy of said Order is attached hereto and made a part hereof as Exhibit "A". Plaintiff's Proof of Publication in The Sentinal is attached hereto and made a part hereof Exhibit "B". Plaintiff's Proof of Publication in the Cumberland Law Journal is attached hereto and made a part hereof as Exhibit "C" Certified and regular mail to Defendant's only known address at 401 Park Circle, Mechanicsburg, Pennsylvania 17055 was returned to sender, unable to forward. Date: /a'7 Y/©? By. f Ia Butle oole, Esquire Attorney for Plaintiff I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 (7 APP I fi 2008 CONTE-BROWNE REALTY, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-477 TRAVIS KING DB/A SUGAR BRITCHES, Defendant CIVIL ACTION -LAW ORDER AND NOW, this /9- day of ,*4 „? , 2008, upon consideration of Plaintiff's Motion for Special Order Directing Service by Publication in Cumberland County, Pennsylvania, it is hereby ORDERED that the Motion is GRANTED. IL" ?C, v ", _ I, 4K r-.4 -? AA lb-.." +-.I --d -j j l,V f. -, • I -+-e P." K- 0.clou+.-+ . i _k, 1 t...,tn.... ?- . TO: Ronald D. Butler, Esquire Attorney for Plaintiff 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 BY THE COURT: w 'two s 18 ot Sam Coto qar is Y P PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames IQeinklaus, Advertising Operations Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SHIPPENSBURG SENTINEL on the following day(s): April 25, 2008 COPY OF NOTICE OF PUBLICATION CONTE-BROWNE REALTY, LLC IN THE COURt OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-477 TRAVIS KING D/B/A SUGAR BRITCHES, Defendant CIVIL ACTION - LAW: NOTICE TO: TRAVIS KING D1B/A SUGAR BRITCHES: YOU ARE HEREBY NOTIFIED that on January 22, 2008, Plaintiff; CONTF Bf•IO.WNE REALTY, LLC, filed a civil Complaint against you in the Court of Gommoyyt1 Pieas,of Cumberland County, Pennsylvania to Docket No. 08-477. Wherein Plaloofffseeks a judgement against you in the amount of $80,625.90 plus interest and costs;for breach of a commercial lease agreement dated on or about September 7;2006; for the premises known as 212 South Front Street, Wormleysburg, Cumberland County, Pennsylvania. NOTICE Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are tvie. IF YOU WISH TO DEFEND, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the.court. You are warned that it you fail to do so the case mayproceed without youand a judgment may be entered against you without further notice for the relief jrequested'by:,lfie plaintiff. You may lose money or property or other rights important to you. YOU SHOULD-IAKE THIS NOTICE TO YOUR LAWYER AT OWE; W YO NQT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO"OR TELEPHO E THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU'CAN GET'£EGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, ,PENNSYLUANIA 17013 (717)249-3'F66 (800) 990-9108 Sworn to and subscribed before me this 25th day of April, 2008. { t Notary Pu c My commission expires: q11 /of COMMONWEALTH OF PENNSYLVANIIA Notarial Seal Christina L. Wolfe, Notary Public Carlisle Boro, Cumberland County My Canmissm Expires Sept. 1, 2008 Member, Pennsvivania Association Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz May 2, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Editor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public G r L CARLISLE BORO, CUM5ERLAND COUNTY I ,,,, ,.+-d ..• My Commission Expires Apr 28, 2010 A CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumberland County, Pennsylvania Civil Action-Law No. 08-477 CONTE-BROWNE REALTY, LLC Plaintiff VS. TRAVIS KING d/b/a SUGAR BRITCHES, Defendant NOTICE TO: TRAVIS KING d/b/a SUGAR BRITCHES: YOU ARE HEREBY NOTIFIED that on January 22, 2008, Plaintiff, CONTE-BROWNE REALTY, LLC, filed a civil Complaint against you in the Court of Common Pleas of Cumberland County, Pennsylvania to Docket No. 08-477. Wherein. Plaintiff seeks a judgment against you in the amount of $80,625.00 plus interest and costs for breach of a commercial lease agreement dated on or about September 7, 2006, for the prem- ises known as 212 S. Front Street, Wormleysburg, Cumberland County, Pennsylvania. NOTICE IF YOU WISH TO DEFEND, you must enter a written appearance personally or by attorney and file you defenses or objections in writ- ing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 May 2 6 Q Z a 3 Y +4 Q C> ?S I` ?a C"? "c7 " CONTE-BROWNE REALTY, LLC, Plaintiff V. TRAVIS KING D/B/A SUGAR BRITCHES, Defendant To: Travis King d/b/a Sugar Britches IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-477 CIVIL ACTION -LAW You are hereby notified that on )A44 ? ,, apo 9- , 2008, the following judgment has been ent ed against you in the above-captioned case. Conte-Browne Realty, LLC vs. Travis King d/b/a Sugar Britches in the amount of $80,625.00 plus interest and costs of suit. DATE: /S/ ` R. 6??z Prothonotary W( I hereby certify that the name and address of the proper person(s) to receive this notice is: Travis King d/b/a Sugar Britches Address Unknown A: Travis King d/b/a Sugar Britches, Defendido Por este medio se le esta notificando que el de del 2008, /la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direction es la del defendido/a segun indicada en el certificado de residencia: Travis King d/b/a Sugar Britches Address Unknown Abogado del Demandante DCBA-400-Rule 236(a)(2)-8/1/89