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ROTHMAN, SCHUBERT & REED,
a Pennsylvania General Partnership,
Plaintiff
CHONG SO t/d/b/a SUPERIOR
CLEANERS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 0 I- o33Z/
CIVIL ACTION - LAW
COMPLAINT FOR CONFESSED JUDGMENT (MONEY DAMAGES)
1. Plaintiff, Rothman, Schubert & Reed, is a Pennsylvania General Partnership with
a mailing address of 308 East Penn Drive, Enola, Pennsylvania 17025.
2. Defendant, Chong So fid/b/a/Superior Cleaners is an adult individual with a
principal residence located at 4414 Royal Oak Road, Camp Hill, Pennsylvania, Cumberland
County, Pennsylvania 17011 and with a business address of 322 East Penn Drive, Enola,
Cumberland County, Pennsylvania 17025.
3. Judgment by confession is not being entered against a natural person in
connection with a consumer credit transaction, retail installment sales contract, or a residential
lease agreement.
4. On or about December 4, 1998, Plaintiff entered into a Lease Agreement with
Defendant for the property located at 322 East Penn Drive, Enola, Cumberland County,
Pennsylvania 17025.
5. The Lease Agreement contained a confession of judgment provision for
Defendant's default for failure to pay rent or other monetary obligations where due. A true and
correct copy of the Lease Agreement is attached hereto as Exhibit "A".
6. The instrument in question has not been assigned since its execution on or about
December 4, 1998.
7. Plaintiffhas not confessed judgment for money damages against Defendant in any
jurisdiction permitted to adjudicate the same.
8. Pursuant to the Lease Agreement, confession of judgment is authorized to be
entered upon default for failure to pay rent or other monetary obligations when due under the
terms of the lease.
9. Pursuant to the Lease Agreement, Plaintiff provided written notice of defanlt
dated September 18, 2001, a copy of which is attached hereto as Exhibit "B".
10. Defendants, have failed to pay all rent due and other monetary obligations due and
owing to Plaintiff and, therefore, all conditions precedent have been satisfied prior to the entry of
a confessed judgment.
12. The following is an itemized computation of the amount due and owing which
includes rent and other monetary obligations, interest, together with attorney's fees:
Unpaid rent and other lease
payment obligations as of 11/02/01 $ 4,189.45
Court & Sheriff's costs
(to be added) $
Attorney's fees (I 0%)
$ 418.94
TOTAL $ 4,608.39
WHEREFORE, Plaintiff, Rothman, Schubert & Reed demands judgment against
Defendant, Chong So t/d/b/a Superior Cleaners in the mount of $4,608.39 as expressly granted
and authorized by the Confession of Judgment provision of the Lease Agreement entered into
between the parties herein.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: November 6, 2001
Attomey I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
EXHIBIT "A"
LEASE AGREEMENT
PENNSBORO COMMONS SHOPPING CENTER
TABLE OF CONTENT
T_ITI,K
PAGE
SECTION A. BASIC LEASE PROVISIONS AND ENUMERATION OF EXHIBITS 1
Section A-I. Basic Lease Provisions .............
Section A-2. Effect o£Re£erence to a Basic Lease Provision
Section A-3. Enumeration o£Exhibits .......................... 3
ARTICLE I - GRANT AND TERM ..................................................... 3
Sectioo 1.01. Leased Premises and Common Areas ................................ 3
Section 1.02. Term
Section 1.03. Obligations Prior to Commencement o£Term
Section 1.04. Owner's Financing Contingency ........................... 4
4
ARTICLE II - RENT
Section 2.01. Annual Minimum Rent ............................................. 4
Section 2.02. Percentage Rent .................
Section 2.03. Gross Receipts Defined ................................. 5
Section 2.04. Additional Rent ............................................ 5
Section 2.05. Interest 5
A'P, TICLE 11I - RECORDS; REPORTS AND AUDIT
,.x,,,. Section 3.01. Tenant's Records; Reports aod A~i[ ................................... S
ARTICLE IV - CONSTRUCTION, ALTERATIONS, ADDITIONS
AND RELOCATIONS OF IMPROVEMENTS
Section 4.01. Owner's and Tenant's Wort~ .......................................... 6
Section 4.02. Changes and Additions to the Shopping Ceoter .......................... 6
ARTICLE V - CONDUCT OF BUSINESS BY TENANT
Section 5.01. Use of Premises ................................... 7
Section 5.02. Operation of Business
Section 5.03. Radius Restriction .............................................. 7
Section 5.04. Parking ................................................. 7
ARTICLE VI - TAXES
Section 6.01. Taxes .................................................... 8
ARTICLE VII - COST OF MAINTENANCE AND CONTROL OF COIVIMON FACILITIES ...... 9
Section 7.01. Common Facilities Contribution
Section 7.02. Operating Cost and Common Facilities Defined
Section 7.03. Payment ......................... 9
Section 7.04. Control by Owner ................................................ 10
ARTICLE VIII - ALTERATIONS; SIGNS; SURI~NDER AND TENANT LIENS 1 I
Section 8.01. Alterations ..............
Section 8.02. Surrender; Title to Improvements; Removal and Restoration by Tenant ..... 11
Section 8.03. Tenant's Liens
12
ARTICLE IX - MAINTENANCE OF LEASED PREMISES; RULES AND REGULATIONS ..... 12
Section 9.01. Maintenance byTenant
Section 9.02. /Vlaintenance by Owner ............................................ 12
Section 9.03. Rules and Regulations ............................................ 13
ARTICLE X - INSURANCE AND INDEMNITY
Section 10.01. Liability Insurance ........................................ 13
Section 10.02. Fire Insurance .............................................. 13
Section 10.03. Insurance on Buildings and Improvements in the Shopping Center ........ 14
Section 10.04. Business Liability Insurance
Section 10.05. Indemnification ....................................... 14
Section 10.06. Waiver of Subrogation; Limitation of Liability ........................ 15
Section 10.07. Notice byTenant ................................................ 15
ARTICLE XI - UTILITIES
Section 11.01. Utility Charges ........................................... 15
Section 11.02. Owner's Liability for Interruption .................................. 15
ARTICLE XII - ESTOPPEL CERTIFICATE; ATTORNMENT;
PRIOPdTY OF LEASE; RIGHTS OF MORTGAGEE
Section 12.01. Estoppel Certificate
Section 12.02. Attornment ............................................. 16
Section 12.03. Priority o£Lease
Section 12.04. Rights of Owner's Mortgagee ................ iiiiiiiiiii ........... 16
16
ARTICLE XIII - ASSIGNMENT, SUBLE'UFING AND COILPOI~TE OWNERSHIP 17
Section 13.01. Consent Required ...........
Section 13.02. Corporate Ownership ...................................... 17
Section 13.03. Owner's Right to Assign .......... 17
ARTICLE XIV - WASTE; HAZARDOUS WASTE;
GOVERNMENTAL AND INSURANCE REGULATIONS
Section 14.0 I. Waste or Nuisance
Section 14.02. Hazardous Waste
Section 14.03. Governmental and Insurance Regulations ............................ 19
ARTICLE XV - MERCHANTS ASSOCIATION
Section 15.01. Merchants' Association
Section 15.02. Promotion Fund
Section 15.03. Advertising ................................................ 19
ARTICLE XVI - DESTRUCTION
Section 16.01. Destruction of Leased Premises
Section 16.02. Destruction of Shopping Center .................................... 21
ii
ARTICLE XVII ' ~MINENT DOMAIN
Se~:tion 17.01. Condem. nafion o£Leased Premises .................................. 21
ARTICLE XVIII - TENANT'S DEFAULT; AND SECURITY DEPOSIT
Section 18.01. De£ault by Tenant ...................... 22
Section 18.02. Bankruptcy ............................................... 22
Section 18.03. Owner's .................................................... 24
Right to Cure Defaults
Section 18.04. Security Deposit .................................... 25
ARTICLE XIX - ACCESS BY OWNER
Section 19.01. RightofEntry ................................................ 26
26
ARTICLE XX - ARBITRATION; RIGHT TO APPEAL
Section 20.01 - Arbitration ................................... 27
........... ' ........................................ 27
Section 20.02 - Waiver of Trial By Jury .......................................... 27
ARTICLE XXI - OWNER'S LIABILITY ................
Section 21.01. Limitations on Liability ... · .............................. 28
Section 21.02. ' ................ : ..................... 28
Owner's Obligations With Respect to Future Building Areas ............. 28
ARTICLE XXII - HOLDING OVER
Section 22.01. Holding Over ................................................... 29
Section 22.02. Time is of the Essence
........ ' .................................. 29
ARTICLE XXIII - WAIVER; NOTICE; DEFINITIONS; MISCELLANEOUS 29
Section 23.01. Waiver ..................
Section 23.02. Force Majeure
Section 23.03. Notices and Payments
Section 23.04. Definitions ............................................ 29
Section 23.05. Miscellaneou~ ................................................... 30
iii
I,I~,AS E I..E'I'I'EIt
Pcnnsburu COlllmOllS Shoplfing CmHm'
R. olhnlaU, Schubert & Reed
P.O. Box 188
355 North 21st Street
Canlp Hill, PA 17011-0188
RE: Lease dated _. j~--- /
Samuel L. Reed, Co-Parmers,
Parmership, Owner, and Chong
, 1998 between William F. Rothomo, Charles F. Scllubert &
t/d/b/a Rolhm:m, Schubert & Reed, a Pennsylvaaia General
So Superior Cleaners
Tenant, covering PremiSs loe~led=in Pcnnsboro Commons Shopping Center, East Pemmboro
Tmvnshilh Cumbcrhmd Cotady, I cmmylvanm.
The ondersigaed, as 'renmd, hereby confirms Ihe following:
I. Tenant has accepted possession oflhe l'remises demised purstmnt to the terms oflhe above-described
J.ease.
3.
4.
5.
6.
7.
Tile Jlllpl'ovelllelltS alld si)ace reqt~il-ed lo be fHrnJshed according 1o tile a~'oresaJd l.ease have been
COlnpJeled alld stJpplJed itl all respects.
Landlord-Owner has £ulfilled all of'its dulics el'an inducement nah,'e.
The aforesaid Lease bas not been modilied, altered or amended except as set forth below.
There arc mi offscls or credits duc againsl rcnlals m)r have rcnlals bCCl~ prepaid except as provided
by tile Lease terms.
The init/al Icl'Ill ofs:fid Lease begin1 on thc --__ day of , 19 , and rcnlals
commenced 1o accrue on that dale; tile initial Lease Term expires on
Teoant has no notice of any prior assignment, hypolhecation or pledge of rents or of Ihe Lease.
'l'"J'~qA N T /
Title:
'
LIiASI£ AGI,IEEMI;NT
foliows:WITNESSE'FII, that iu consideratien of muttml covenants, Owner and Teuant hereby agree as
~ .,-~E!7__-lJ~. BASIC I,F ~,~LE_P~OVI~LO~s AND EN ;L[MI.~OF F~l ITS
. lib
S_¢~ion A-L Basic [~ease
DATE:
SHOPPING
CENTER:
OWNER:
TENANT:
Pennsboro Commons Shopping Center
Cumberland County, Pennsylvania
William F. Roflmmn, Charles F. Schubert & Samuel L. Reed, Co-Partners, gd&/a
Rothnmn, Schubert & Reed, a Pennsylvania General Partnership
ghong So
TENANT'S ADDRESS: 4414 Royal Oak Road
Camp Hill, PA 17011-4414
TENANT'S PIIONE NUMBER:717-975-5598 _ .g/~O_ln-/0 _ 432-7135
TENANT'S
TILADE NAME:
Superior Cleaners
LEASED
REMISES:
The Premises outlined in red on Exhibit A containing approximately _1200 S.F.
square feet of Gross Leasable Area and identified as Block B Section 3
next to Subways ~~
LEASEDTERM:
Five (5) Years.
RENEWAL TERM:
2%5 year options
PERIOD FOR
COMPLETION OF
TENANT'S WORK:
PERIVIITTED
USES:
Tenant's work shall be completed on or belbre 60 days alter Owner substantially
completes Owner's Work set [`orth in Exhibi~B a~d makes the Leased Premises
available to Tenant. The term st bstantmlly completes" as used in this paragraph
shall mean that Owner has completed Owner's Work with the exception of minor
items which can be fully completed prior to completion of Tenant's Work without
material interfereoce with Tenant's Work or upon receipt of a certificate of
occupancy fi'om East Pennsboro Township, whichever occurs sooner.
ANNUAL
MINIMUIVl RENT:
PERCENTAGE
RATE:
BREAKPOINT:
INITIAL ESTIMATED
COMMON FACILITIES
CONTRIBUTION FOR
TENANT:
INITIAL ESTIMATED
TAX CHARGE FOR
Tenant shall pay Io Owner, as Annual Minimtm't Rent,
Ei_~ht een Thousand
Dollars ($_ 18.000,00 )
per annum ($ 1,500.00 per month), beginning on the Commencement Date
(as defined if;{ Section 1.02 hereo0. The Annual Minimum P, ent for tile renewal
terms shall be the greater of(a) increased by five percent (5%) or lb) the rate at tile
end ofthe preceding term adjtisted for tile Consumer Ih'ice Index. Consunler Price
Index (hereina[`ter the "CPI") shall mean the average for "all items" shown on the
CPI for the urban wage earners and clerical workers for the Philadelphia region as
published by the Bureau of Labor and Statistics of the United States Department of
Labor using the years 1990-1996 as the reference base of hnndred (100), or if the
CPI is no longer published, tile index ofconstnner prices in lhe Uniled States most
closely comparable to said iudex, after making such adjustments as may be
prescribed by the agency publishing the same or as otherwise may be required to
compensate Far changes subsequent to the commencement date hereo[`, itl iJenls
included, or method of computation error. 'File average CPI ['or the quarter
proceeding tile execution o['lhis Lease shall be the base CPI in this paragraph in
order to detemfine tile percentage rate o£ increase in CPl.
N/A _ %
$. N/A
$__1,620.00 per calendar year ($ 135.00
adjustment tls set tbrth in Article VII of this L'~ease)
per month) (subject to
FENANT:
INITIAL ESTINIATED
INSURANCE CIIARGE
FOR TENANT:
$_1,200.00 per lax year ($_. 100.00
set forth in Article VI of this Lease)
per month) (subject to adjustment as
$ 300. O0
per calendar year ($_25.00 per month) (sabject to
adjustment as set lbrtb in Article X of this Lease)
SECURITY DEPOSIT: Upon execution oflhis Lease, Tenant shal deposit the sum ors 1,500 00 with
Owner o secnre the performance of/lie obl gations of Tenant~lerein contained.
L~.ectin~ A~2 Effect of Refe~nce to a R~sic l,en~¢ Provision,
Each reference in this Lease to any of the Basic Lease Provisions contained in Section A-1 shall be
deemed to incorporate all of the lerms provided under each such Basic Lease Provision.
8ecfi.0n A-3. Ennlneralion of Exhibits.
The E ' '
-xlubas enumerated in this Section and attached to this Lease are hereby incoq~orated in this
Lease by reference and each party agrees to perform all obligations binding upon it under such Exhibits.
Exhibit A
Exhibit A~I
Exhibit B
Exhibit C
Exhibit D
Site Plan
Legal Description of Owner's Tract
Construction Exhibit
Rules and Regulations
Guaranty of Lease
RECITALS
Owner owns fee title to certain real property described on Exhibit A-I. The real property clcscribed
on Exhibit A-I (as the same may be expanded or reduced as contemplated in this Lease) is herein called
"Owner's Tract." The term "Shopping Center" shall mean Owner's Tract, together with the buildings and
other improvements thereon from time to time.
ARTICI J~ I - GRANT AND TERM
Section 1.0l. I.eased Premises alxd Common Area&.
Owner leases to Tenant and Tenant rents fi'om Owner those premises located in tile Shopping Center
and described as the "Leased Premises" in Section A-I of tile Basic Lease Provisions, together with the
appurtenances specifically herein granted. The use by Tenant of the Leased Premises shall include the non-
exclns~ve use oftbe Common Facd~hes (as defined in Section 7.02) shown on Exhibit A, and such other
Common Facilities as may be designated from time to time by Owner, subject, however, to the provisions
of Section 4.02 and 7.04 and to the other terms and conditions of this Lease.
,Section 1.02 TerI1L
The term of this Lease and Tenant's obligation to pay rent shall, subject to the provisions of Section
23.02, commence upon the earlier of the following dates (the "Commencement Date"): (i) the date oil which
Tenant shall open the Leased Premises for business with the public, or (ii) tile date of expiration of the
"Period For Completion of Tenant's Work" designated in Section A-1 of the Basic Lease Provisions. The
term of this Lease shall expire, unless sooner terminated as in this Lease provided, on tile last day of the last
"Leased Year" (as defined in Section 23.04) provided under "Lease Term" in Section A-1 of the Basic Lease
Provisions. In order to extend the Leased Term as provided under "Renewal Term" in Section A-I of the
Basic Lease Provisions, Tenant shall give Owner sixty (60) days written notice of its intention to renew the
Leased Term prior to the end of the then current term at the amount designated for the renewal terms
provided tinder Annual Minimum Rent in Section A-1 of the Basic Lease Provision.
Section 1.03. Ohligal. ions Prior to Commencement of Tera,
Tenant shall perform all of its obligations under this Lease (except its obligations to pay rent and
other charges) from the date upon which the Leased Premises are first made available to Tenant until the
Commencement Date.
Section 1.04 Owner's l~in~ncin~ Cnnt n_pency
It is a condition of all of Owner's obligations under this Lease that within twelve (12) months from
tl)e date of execution of this Lease, which period may be extended by Owner for not more than an additional
s[x (6) months, Owner obtain commitments for construction money and permanent mortgage loan financing
for that portion of the Shopping Center, including Tenant's Leased Premises, as designated on the Site Plan
as the initial phase of construction, in an amount and on terms satis~factory to Owner. If at the end ofsaid
twelve (12) month period, or any extension as aforesaid, Owner has not obtained such commitments, Owner
or Tenant may eacb cancel this Lease by giving written notice to tile other. Tenant shall receive a return of
any deposit in the event of such cancellation. In the event this Lease is canceled under the provisions of this
section, neither party shall have any further obligation or liability to the other under or wilb respect to ibis
Lease.
ARTICI,E II RFNT
Section 2.01. Annual Minimum Rent.
Tenant shall pay to Owner, without any prior demand, deduction or sero fl, the "Annual Minimum
ent spec fled m Sechon A- 1 of the Basic Lease Provisions, in equal monthly installments on or before the
first day of each calendar month in advance. Annual Minimum Rent for a fractional calendar month shall
S t on 2.02.
--~t~ition to the Annual Minimum Rent, Tenant shall a to O .
-- , · ~ ....... p y wrier, as percentage rent
!~ne~ ~ivalent to the "Percentage Rate"~ A-1 of
Tee)re ~ r 'e~[h u~ la~ eg
~rm. For any Lease Year in which there has been an abatement of Annual Minimum '
t~.he Breakpoint for such Lease Year shall be prorated, and shall be equal to
°~~int for sncb Lease Year by a fraction, the~c'h is the
(9 ' ercentage Rate~
Section 2.03.~oss Receints Defin~
The te~ "Gross Receipts" is defined to mean: (i) the entire amount of the price charged, wh~
W~aaially in cash or on credit or otherwise, for al goods, wares merchandise and c~f any
o~ delivered, and all charges for semites sold or perfo~e~~
any part of or thro~se of the Leased Premises or any part thereof by--nd any o~her person,
fim~ or c~a~ion, ~r b~ m~y mechanical or other
th~ ~i~aar~eviees operate~ily f~e convdni~nce gf Tenant's
Section 2.04. Additional Rent.
Tenant shall pay, upon demand as additional rent, all charges required to be paid by Tenant under
this Lease, whether or not the same are designated ' add'tional rent".
Section 2(,0'~'.
I?T~mant4ha~ fails to pay within.~fi,(e (5) da_y_zfrom ~vhen the same is du~*nd paya~ble, any rent or
any additional rent, Tenant shall, upon demahd, pay O~e~-~-(~ a late'charge~4-f $100.00 for e'a3eh installment
of Annual Minimum Rent or other charge past due and (ii) interest at thd "Interest Rate" (as defined in
Section 23.04) on the arrearages from the due date thereof until paid.
ARTICLE II1 - RECORDS; REPORTS AND A[IDIT
Section3.01. Tenant'sRecords;Reportsand Andit. ~,]0 )/'~,,-I, f[4 ~.
Tenant agrees to prepare and keep true and completd records and accounts for at least 24 months after
each Lease Year during the term of this Lease of all Gross Receipts for each such Lease Year in accordance
with generally accepted accounting principles consistently followed. Tenant shall submit to Owner on or
before the 45th day following the end of each Lease Year during the term, a statement certified by Tenant
showing the amount of Gross Receipts during such Lease Year and itemizing all deductions and exclusions
therefrom. Owner may at any time within 24 months after the end of any Lease Year during the term, upon
10 days' prior notice to Tenant, cause an audit to be made by Owner's accountants of Tenant's books and
records relating to its Gross Receipts for such Lease Year. If such audit shall disclose that Tenant has
understated Gross Rece pis bat3% or more for st e ~ I' ,*n~,~ v,..,~ 'v . , ,, ,
t lC o,.o~ ~c ~.._,. _ '~.. · J r~-~'. . ,- .- ..... .'7 ........ , .enam soall, upon oemand, pay to Owner
,-~,o~ ~,,,uc~ aurar tn auazt~on to any aenc~ency m Annual Percentage Rent, which deficiency shall be
payable i'D any event' ([[vSnUe?s~Ua~;t ~ldl ,di~cl°se [hat Tenant has understated Gross Receipts by 8% or more
lbr such Lease Year, , umon to its other rights hereunder, have the right to te~Y~hate this
Lease by giving notice thereof to Tenant. If Owner so elects to terminate this Lease, this Lease shall
terminate 10 days after tide date of such notice. Tenant shall cooperate fully with Owner in connection with
such audit, including, without limitation, furnishing Owner with an explanation of the methodology employed
by Tenant in connection with any computerization of Tenant's records. If Owner's accountants, after
examining such records and accounts as Tenant makes available to them, are unable to verify the Gross
Receipts for such Lease Year by reason of Tenant's failure to prepare, keep or make available the same in
the manner required under this Section 3.01, then Tenant shall, upon demand, and without impairing Owner's
other remedies, pay tide cost of such audit. At Owner's request, Tenant shall provide an annual financial
statement.
ARTICi',E IV - CONSTRIICTION. A1.TERAT[ONS. ADDITIONS AND REI'.OCATIONS Op
IMPROVEMENTS
Section 4.01. Owner's and Tenant's Work
(A) Owner and Tenant shall construct the Leased Premises in accordance with the provisions of
Exhibits B. All of Tenant's Work with respect to utility installations sfiall also be subject to approval, when
applicable, by the utility company furnishing the service.
(B) Owner or an authorized utility company shall have the right to construct, maintain, repair,
replace and relocate utility lines, pipes, conduits and duct work where necessary or desirable, through attic
space, column space or other similar areas of the Leased Premises, and to repair, alter, replace or remove the
same, all in a manner which does not interfere unnecessarily with Tenant's use thereof, and Tenant shall not
be entitled to an abatement or reduction of rent or to claim an actual or constructive eviction by reason
thereofi "Owner's Work" (hereinafter defined in Exhibit B) shall be deemed approved by Tenant in all
respects except for items of Owner's Work which are not completed or do not conform to Exhibit B and as
to which Tenant shall have given notice to Owner within 30 days after the commencement of the term.
Section 4.02. Changes and Addltion~ Io the Shopping Cent¢~.
Notwithstanding anything set forth in this Lease to the contrary, it is agreed that Owner reserves the
right, without invalidating this Lease or modifying any provision thereof except Exhibit A, at any time either
before, during or after the initial construction thereof, (i) to make alterations, changes, deletions and additions
(including additional stories) to the buildings, Common Facilities and other improvements in the Shopping
Center (excluding tide interior of the Leased Premises); (ii) to add and permit to be added additional land(s)
to the Shopping Center and to exclude land(s) therefrom; (iii) to construct and to permit to be constructed
additional buildings and other improvements in the Shopping Center; (iv) to remove or relocate the whole
or any part of any building or other improvement in the Shopping Center; and (v) to relocate the premises
leased to any other tenant. PROVIDED, HOWEVER, the foregoing shall not be construed as pemfitting
Owner to change the location of the Leased Premises.
6
ARTICLE V - COND[/CT OF BI ISINESS BY TF. NA]xLT
.Section $.01. Use of Premises.
Tenant shall operate the Leased Premises under the "Trade Name", if any, speci fled in Section A-I
of the Basic Lease Provisions and shall use the Leased Premises solely for the "Permitted Uses" specified
therein and for no other use or purpose whatsoever. Tenant shall not permit any business to be operated in
or from the Leased Premises by any concessionaire or licensee without the prior consent of Owner.
Tenant shall, subject to the provisions of Section 22.02, (i) open the Leased Premises by the date
provided in Section 1.02 and thereafter continuously operate all of the Leased Premises in good :faith during
the term so as to produce the maximum profitable and practical Gross Receipts which may be produced by
such manner ofoperation; and (ii) keep lhe Leased Premises ophir b~ess and the signs therefore lighted
each da~ from 10:0~a.m. until~&m., Monday througff~0o~I time then current). If Tenant
¢fault res ¢yt to ort e foregoing covenants then ~11, in recognition of the dimc or
Impossmlmy otoetemmung O~er's damages, pay to Owner, upon demand, as liquidated damages ( an~not
as a penal~) and in addition to the ~nual Minimum Rent and other charges payable under this Lease, a
separate charge equal to 1/365 of lhe then applicable Ammal Minimum Rent for each day, or part thereof,
Tenant fails to open or operate the Leased Premises in accordance with the provisions of this Section.
5.03. Raditm Restriction.
If Tenant or "Guarantor" (if any) or (if Tenant is not an individual or partnership) any subsidiary or
parent corporation of Tenant or Guarantor, or any affiliate of Tenant or Guarantor shall directly or indirectly
engage or participate in, as owner, principal, employee or agent, or through any subsidiary, or affiliate, or
furnish financial or other aid or support to, any business enterprise or undertaking which is in any manner
or degree competitive with the uses specified in Section 5.01 of the Lease Agreement, and such bus/ness is
located within 3 miles from any boundary line of the Shopping Center, then Owner shall have the right, in
recognition of the fact that the Annual Percentage Rent payable hereunder may be reduced by such
competition, to require by notice to Tenant that 33V~% of any and all gross sales (which shall be coextensive
in scope to Gross Receipts as defined in this Lease) made at, in or from any such competing operation shall
be deemed Gross Receipts for the purpose of computing the Annual Percentage Reot due under this Lease,
with the same force and effect as though such percentage of gross sales had actually been made in the Leased
Premises and in such event the provisions of Article III shall be applicable to such competing operation and
the gross sales received therein.
Section 5.04. Parking.
Tenant and employees of Tenant shall park their automobiles in the side and rear parking areas
designated by Owner for employees. Owner shall provide appropriate lighting for said area. Owner shall be
entitled to tow improperly parked vehicles at the automobile owner's expense and without notice.
ARTICI,E VI - TAXES
Section 6.01. ]'axe, s,
(A) The term "'faxes" shall mean the aggregate of the real estate taxes, assessments and other
governmental charges and levies, general and special, ordinary and extraordinary, foreseen and unforeseen,
of any kind or nature whatsoever (including assessments for public improvements or benefits and interest on
unpaid installments thereoO which may be levied, assessed or imposed or become liens upon the Shopping
Center, or which arise out of the use, occupancy or possession of the Shopping Center (land, buildings and
permanent improvements) from time to time. The term "Taxes" shall not, however, include inheritance,
estate, succession, transfer, gift, franchise, corporation, income or profit tax imposed upon Owner, nor
penalties imposed upon Owner for Owner's delinquent payment of the Taxes; PROVIDED, HOWEVER, that
if at any time during the term of this Lease the methods of taxation prevailing at the commencement of the
term of this Lease shall be altered so that in addition to or in lieu of or as a substitute for the whole or any part
of the Taxes now levied, assessed or imposed on real estate as such there shall be levied, assessed or hnposed
(i) a tax on tbe rents received from the Shopping Center; or (ii) a license fee measured by the rents receivable
by Owner from the Shopping Center; or (iii) a tax or license fee imposed upon Owner which is otherwise
measured by or based in whole or in part upon the Shopping Center or any portion thereof, then such tax or
fee shall be included in the computation of Taxes, computed as if the amount of such tax or fee so payable
were that part due if the Shopping Center were the only property of Owner subject thereto.
(B) The term "Tax Year" shall mean the 12 month period established as the real estate tax year
by the taxing authorities having jurisdiction over the Shopping Ceuter.
! (C) The term "Tenant's Tax charge" shall mean an amount equal to the product obtained by~
ultiplying the sum of the Taxes for each Tax Year plus all costs, expenses and attorneys' fees in,c, urred_b,,y_
wner in contesting any Taxes during such Tax Year (which Owner may do at ts option) by Tenants
ercentage Share" (hereinafter defioed in Section 23.04) as of the date the 'faxes for such Tax Year ~eS J
sessed. For the Tax Year in which this Lease commences or terminates, Tenant's 'fax Charge shall beJ
rorated, t//
(D) Tenaut's Tax Charge shall be paid to Owner in monthly installments (as estimated by Owner)
in advance on the first day of each calendar month during such Tax Year. wners estimate of Tenant s Tax
Charge for the Tax Year in which this Lease commences is set forth in Section A~I of the Basic Lease
Provisions. Within 90 days after the end of each Tax Year, Owner shall deliver a copy to Tenant ofall tax
bills for such Tax Year and certify to Tenant the amount of Tenant's Tax Charge and Owner and Tenant shall
then adjust auy overpayment or underpayment by Tenaot of Tenant's Tax Charge for such Tax Year. Any
payment required in connection with an overpayment or underpayment shall be due within thirty (30) days.
Owner's failure to provide such information within the 90 days shall in no way excuse the Tenant from its
obligations to pay any underpayment or coustitute a waiver of Owner's right to bill and collect such
underpayment from Tenant in accordance witb this paragraph.
(E) Tenant shall pay (or reimburse Owner upon demand if the same are levied against Owner
or the Shopping Center), before delinquency, any and all taxes, assessments, license fees and public charges,
of whatever kind or nature, levied or assessed during the term by any governmental authority against Tenant's
business in the Leased Premises and the fixtures, furniture, appliances and any other personal property
therein.
(F) Owner shall have the sole, absolute and unrestricted right (but not the obligation) to contest
and/or compromise the validity or amount of any Tax by appropriate proceedings. Owner shall have the right
(but not the obligation), if permitted by law, to make installment payments of any assessments levied against
the Shopping Center, and in such eveut, Tenaut's share of the Taxes shall be computed upon the installments
thereon paid by Owner in each Tax Year.
ARTIC[.E VII - COST OF MAINTENANCE AND CONTROl. OF COMMON FACII.ITIES
Section 7.01. Common Facilities Cont' hution.
In each calendar year during the term, Tenant shall pay to Owner an amount (the "Common Facilities
Contribution") equal to a proportion of the "Operating Cost" (as defined in Section 7.02) of the Common
Facilities ("Tenant's Common Facilities Contribution"). Tenant's Common Facilities Contribution for each
calendar year during the term shall be that portion of the Operating Cost for such calendar year equal to the
product obtained by multiplying the Operating Cost for such calendar year by Tenant's Pementage Share
(hereinafter defined in Section 23.04) as of the first day of such calendar year.
Section 7.02. Operating Cost and Common Fac/lit es Defined.
(A) The term "Operating Cost" shall mean the total cost (other than the cost properly chargeable
to capital account, except as herein specifically provided) and expense incurred in operating, maintaining,
equipping, inspecting, protecting and repairing the Common Facilities, including without limitation, the cost
or expense of, or incurred itl colmection with or reasonably attributable to: water, gas, electricity and other
utilities; gardening and landscaping (including planting and replacing flowers and shrubs); cleaning; fire
protection (including installation and maintenance of an ADT or similar type systern); fees for required
licenses; personal property taxes; all Taxes levied, assessed or imposed or wlfich may become a lien on the
Common Facilities or which may arise ont of the use thereof; line painting; the repair and maintenance of
tile roof and finished ceiling (including lighting) of all Shopping Center canopies; operating of loudspeakers
and other equipment supplying music; sanitary control; security services (if any); sewer service charges;
removal of ice, snow, trash, rubbish, debris, garbage and other refuse (including ice and snow removal
immediately ill front of Tenant's storefront); depreciation on rnachinery and equipment used in such
maintenance; resurfacing and restriping of parking areas; repairing the roof of the Shopping Center; and
personnel to provide and supervise such services (including wages, unemployment and social security taxes
and the cost of uniforms for such personnel); plus an amount equal to ten pement (10%) of the total of all of
the foregoing as an agreed upon reimbursement covering the administrative costs to be incurred by Owner
in connection with the operation of the Common Facilities.
(B) The term' Operat'ng Cost" shall also include any municipal improvements required by the
local municipality to be made to the Common Facilities including but not limited to traffic signals, stop signs,
and road repair. Tenant's Common Facility Contribution for any improvements or repairs required under
this Section 7.02(B) shall be obtained by multiplying the cost of the municipal improvements or repairs made
to the Common Facilities by Tenant's Percentage Share.
(C) The term "Common Facilities" shall mean all areas, space, equipment and special services
in or serving the Shopping Center, provided for the common or joint use and benefit of Owner, the occupants
of the Shopping Center, and their employees, agents, servants, customers and other invitees, including,
without limitation: any open pedestrian malls; parking areas and parking lot improvements; access roads;
driveways; retaining walls; exterior boundary walls and fences; water, sanitary and storm sewer (including
~----~5 9
any off-site sewer lines which Owner i§ required to maintain), gas, electric, telephone and other utility lines,
systems, con&fits and facilities to the perimeter walls of any ,building (even though intended for the use of
only one or a limited number of occupants) and those within a building serving more than one premises, and
any of the foregoing which serve the Common Facilities; on or off-site water detention and retention ponds,
facilities and systems; on-site trash compactor; plantings; landscaped areas; truck service ways or tunnels;
loading dock areas and facilities; the roof and finished ceiling (including lighting) of all Shopping Center
canopies; courts; ramps; sidewalks; comfort and first aid stations; washrooms; parcel pick-up stations; any
Shopping Center pylon sign; drinking fountains; vertical transportation equipment (including elevators and
escalators); auditoriums; community centers; bus stations; and the facilities appurtenant to each and all of the
foregoing.
Section 7.03. Payment.
(A) Tenant's Common Facilities Contribution shall be paid in monthly installments on the first
day of each calendar month during the term in advance, in an amount reasonably estimated by Owner.
Owner's estimate of Tenant's Common Facilities Contribution for the calendar year in which this Lease
commences is set forth in Section A~I of the Basic Lease Provisions. Within 90 days after the end of each
calendar year during the term, Owner shall furnish Tenant with a statement summarizing the actual Operating
Cost for such calendar year and setting forth the method by which Tenant's Common Facilities contribution
was determined as herein provided, and Owner and Tenant shall then adjust any overpayment or
underpayment by Tenant of Tenant's Common Facilities Contribution for such calendar year with any
resultant payment to be due within thirty (30) days. Owner's failure to provide such statement within the 90
days shall in no way excuse Tenant from its obligations to pay any underpayment or constitute a waiver of
Owner's obligations to bill and collect such underpayment from Tenant in accordance with this Paragraph.
Any claim by Tenant for revision of any statement submitted by Owner heretmder for any such calendar year
which is not made within 90 days after receipt ~af such statement, shall be deemed waived and discharged.
For the calendar year in which this Lease commences or terminates, Tenant's Common Facilities Contribution
shall be prorated.
(B) Any municipal improvements or repairs as contemplated in Section 7.02(B) shall be paid
within 30 days of Tenant's receipt from Owner of a payment statement. As such municipal
improvements are outside tile control of the Owner, the Owner agrees to give Tenant prompt written notice
of any municipal improvements or repairs upon Owner's receipt of such notice from the municipality.
Section 7.04. Control by Owner,
Notwithstanding anything set out in this Lease to the contrary, it is agreed that (i) all Common
Facilities shall be subject to the exclusive control and management of Owner, and Owner may permit the
owners or occupants of land located outside the Shopping Center and their invitees to use the Common
Facilities; (ii) Owner shall have the right to temporarily close all or any portion of the Common Facilities
(including parking areas); (iii) Owner shall be required to keep the parking areas lighted from dusk to dawn
and not during any daylight hours, and (iv) Ov~aer shall have the right to do and perform such other acts in
and to the Common Facilities as Owner shall determine to be advisable with a view to the improvement of
the convenience and use thereof by tenants of the Shopping Center and their customers, including the right
to permit, in Owner's sole discretion, promotions in and decorations of the sidewalks and parking areas;
PROVIDED, HOWEVER, Owner shall maintain the Common Facilities in the Shopping Center in reasonably
good order and repair, and shall keep the parking area and other Common Facilities in tile Shopping Center
reasonably free of snow, ice and debris and adequately lighted, but these obligations shall not inure to the
lO
benefit of any third party nor confer upon any third party any rights or remedies in the event of Owner's
failure to perform such obligations.
ARTICI,E Vlll - AI,TERATIONS; SIGNg: SIlRI~ENDEI~ AND TENANT [.lENS
Section 8.01. Alleration~,
Tenant shall not make or cause to be made any alterations, additions or improvements in or to the
Leased Premises without submitting to Owner plans and specifications therefor and obtaining Owner's
consent thereto.
Section 8.02. Surrender; Title to Improvements; Removal and Restoration by Tenarfl
(A) On the last day of the term or on the sooner termination thereof, Tenant shall (i) subject to
the provisions of Articles XVI and XVII, peaceably surrender the Leased Premises broom clean and in good
order, condition and repair except for reasonable wear and tear; (ii) at its expense remove from the Leased
Premises the signs, moveable furniture and trade fixtures (including, without limitation, molly-bolts, screws
and other items inserted into the walls of the Leased Premises) which were furnished and installed by Tenant
at Tenant's sole expense ("Tenant's Property") and, if requested by Owner, remove, at Tenant's expense, the
carpeting in the Leased Premises, and (iii) deliver to Owner a certificate of inspection from a reputable
mechanical systems contractor that the heating, ventilating, air conditioning, electrical and plumbing systems
are in good order, condition and repair. Any damage to the Leased Premises caused by Tenant in the removal
of Tenant's Property shall be repaired by Tenant at Tenant's expense (including, without limitation, the
patching and sanding of molly-bolt holes and other similar type holes in the walls of the Leased Premises).
(B) Except for Tenant's property, the title to all alterations, additions, improvements, repairs,
decorations, non-trade fixtures, equipment (including heating and air conditioning eqnipment) and
appurtenances attached to or built into the Leased Premises which shall have been made, furnished or
installed by or at the expense of either Owner or Tenant in or upon the Leased Premises shall become upon
the installation thereof and remain a part of the Leased Premises without disturbance or charge, except that
Owner may elect to require Tenant, at Tenaot's expense, to remove any or all of such alterations, additions,
improvements, non-trade fixtures, equipment, and/or appurtenances, and Tenant shall upon such removal
restore the Leased Premises to good condition, subject to ordinary wear and tear.
Section 8.03. Tenant's Liens.
(A) Before Tenant permits any work, labor, services or materials to be performed for or furnished
to the Leased Premises, Tenant shall require any party with whom Tenant contracts to perform said work to
Tenant or anyone holding all or any part of the Leased Premises under Tenant to file a stipulation against
liens pursuant to §1402 of the Pennsylvania Mechanics' Lien Law of 1963 (49 P.S. §1401, et seq.).
(B) Tenant shall not suffer any mechanics' or materialmen's lien to be filed against the Leased
Premises or the Shopping Center by reason of work, labor, services or materials performed or furnished to
Tenant or anyone holding all or any part of the Leased Premises under Tenant. If any such lien shall at any
time be filed as aforesaid, Tenant may contest the same in good faith but notwithstanding such contest,
Tenant shall, within 15 days after the filing thereof, cause such lien to be released of record by payment,
bond, order of a court of competent jurisdiction, or otherwise.
In the event that Tenant fails to take the actions that are necessary to cause such lien to be released,
then the Owner shall have the right to take whatever actions are necessary to have said liens released. In such
event, Tenant agrees to reirnburse the Owner for all costs incun'ed by the Owner, including attorneys' fees.
A failure by the Tenant to reimburse the Owner these costs shall be a default by Tenant pursuant to Article
XVIII.
(C) Tenant shall not create or suffer to be created a security interest or other lien against any
improvements, additions or other construction made by Tenant in or to the Leased Premises or against any
equipment or fixtures installed by Tenant therein (other than Tenant's Property).
Section 8.04. Tenant's Signs.
Tenant shall not install any sign, billboard, marquee, awning, placard, lettering, advertising matter
or other thing of any kind, whether permanent or temporary, on the exterior of the Leased Premises, or in or
on any glass window, window showcase, or door of the Leased Prenfises until the same has been approved
by the Owner in writing. Owner has the right to control the size, location, design and materials of the same
for the purpose of establishing and maintaining the appearance of the Shopping Center.
ARTICLE IX - MAINTENANCE OF I.EASED PREMISES; RU'LES AND REGIILATION~
9.01. Mainte~enaqt,
' -Subject to the provisions ofArticles XVI and XVII, Tenant shall, at its sole cost, keep and maintain
the interior of the Leased Premises [together with exterior (i) feature lighting, (ii) windows, including sashes,
(iii) heating, ventilating and air conditioning equipment and sewer and other lines serving the Leased
Premises exclusively, (iv) doors, including frames, locks, hardware and track, (v) store front of the Leased
Premises, and (vi) signs and other equipment referred to in Section 8.04], including without limitation, the
partitions, ceiling, interior portions of exterior walls, floor covering therein, and the fixtures, equipment,
machinery, appliances and utility lines therein and appurtenances thereof [such as, but not limited to, lighting
fixtures and lenses and such fixtures, equipment, machinery controls, appliances and utility lines and
appurtenances thereof, as are used for, in connection with or which are a part of the electrical, plumbing,
heating, air conditioning, ventilating, sprinkler, or any other mechanical systems in or serving the Leased
Premises], in conformity with all rules and regulations of Owner's hazard insurer, neat and clean and in good
order, condition, maintenance and repair. Tenant shall also at its cost procure and maintain in the Leased
premises all safety appliances required by Owner's hazard insurer to be maintained therein. Tenant shall
replace any and all plate, window and other glass (structural or otherwise) in, on or about the Leased
Premises, which may be broken or destroyed, with glass of the same or similar quality. Before undertaking
repairs to the Leased Pren3is~:.et:~(other than n'finor interior non-structural repa rs), Tenant shall first obtain
Owner's approval of the plgn~ an~k~specifications therefor, which approval is not to be unreasonably withheld.
Owner shall authorize otl,e (1)_he)Jfin~nd__itioning contractor who shall provide a complete service
and rnaintenance contract~ant who shall b~She named party on the contract for the changing of filters
at least once per month, the monthly inspection of the HVAC equipment serving the Leased Premises,
including a written report of the condition there of to be provided to Owner and Tenant, the periodic oiling
of the equipment where reqnired, the tightening of belts, the filling of pitch pans and the sealing of water
leaks, among other things. The service and maintenance contract and its related costs shall be the sole cost
and expense of the Tenant. The existence of a service contract with an Owner approved vendor shall not
relieve Tenant of its obligations to maintain and repair such equipment as above provided.
Secticm 9.02 Maintenance by Owner.
Subject to the provisions of Articles XVI and XVII and to the obligations of Tenant under the
provisions of Sections 9.01, the foundations, roof(excluding interior ceilings), and exterior portions of the
exterior walls (excluding store fi'ont) of the Leased Premises shall be maintained by Owner at its expense in
good order, condition, maintenance and repair. Owner shall not be deemed to have breached its obligation
to make the repairs required of O~vner as set forth in this Section, or to be liable for any damages resulting
therefrom, unless Owner fails to make the same within a reasonable period (taking into consideration the type
of repair involved) after receiving notice from Tenant of the need therefor.
Section 903. Rules and Regulation~
Tenant agrees to comply with and observe tile rules and regulations set forth in Exhibit C. Owner
reserves the right, at any time, once or more often, by notice to Tenant, to amend or supplement said rules
and regulations in a reasonable and non-discriminatory manner.
X.~IN~qIIRna~tCE AND INDEMNITy
(//Section 10.01. l.iabili.ty InsuranCe.
. Tenant shall keep in'ce xvith an insurance company authorized to do business in tile State in which
the- ~eased Premises areqocated and which bas a Best's Insurance Guide Rating of A+:XV ("Qualified
Carrier"), a policy of comprehensive public liability insurance, including property damage, with respect to
the Leased Premises and the business operated by Tenant and any other occupant of the Leased Premises,
in which the limits of coverage shall not be less than $3,000,000.00 (combined single limit bodily injury and
property damage). Such policy shall also insure the performance by Tenant of the indemnity agreement set
forth in Section 10.04. In addition to Tenant, the policy shall also name Owner and any other person, firm
or coq)oration designated by Owner and in privity ~vith it, as an additional insured. Tenant shall continually
provide Owner with a certificate of such insurance (the first of which shall be provided prior to
commencement of Tenant's Work), which shall provide that the insurer will give Owner at least 30 days'
written notice prior to any cancellation of, lapse or material cbange in the insurance. The insurance required
in this Section and in Section 10.02 may be covered under a so-called "blanket" policy covering other stores
of Tenant and its affiliates.
Section I0.02. Fire lnsnrance~
Tenant shall keep in force with a Qualified Carrier fire insurance (with extended coverage and
vandalism and malicious mischief coverage), water damage, sprinkler leakage and plate glass insurance, on
the standard forms, insuring all of Tenant's Property in the Leased Premises, and all betterments, additiOns,
repairs, improvements and alterations made to the Leased Premises by Tenant, and all plate glass windows,
plate glass doors and other plate glass in the Leased Premises, in an amount equal to 100% of the replacement
cost thereofi The proceeds of such insurance shall be held in trust by Owner and Tenant for use in repairing
and restoring the items covered thereby and the proceeds shall be made payable to Owner and Tenant and
may only be disbursed jointly by Owner and Tenant. The foregoing policy of insurance shall be issued in
favor of and in the names of Owner and Tenant, as their interests may appear, and Tenant shall furnish Owner
and the holder of any mortgage on the [eased Premises with a certificate evidencing such coverage, which
certificate sball provide that the insurance shall not be canceled, materialty amended or allowed to lapse
without thirty (30) days' prior written notice thereof being given by tile insurance carrier to Owner.
Sexllion 10.03. Insurnnce oll Ruil4i/lgs and lragrovements ill tile Shopp. hlg Centcg.
(A) In each calendar year during the term, Tenant shall pay to Owner an amou at (the 'l'e mntN
Insurance Contribution") equal to a proportion of the" ,,
Insurance Cost (as defined in paragraph (B) of this
Section). Tenant's Insurance Contribution for each calendar year during the term shall be that portion of tile
Insurance Costs for such calendar year equal to the product obtained by multiplying the Insurance Cost for
such calendar year by Tenant's Percentage Share (hereinafter defined in Section 23.04) as of the first day of
such calendar year.
(B) Tile term "Insurance Cost" shall mean the total cost of insuring the buildings and
improvements in the Shopping Center (including Common Facilities), including public liability, (including
umbrella cove 'age ), workmen's compensation and hazard insurance (including rental value insurance, fire
and extended coverage [with vandalism and malicious mischief endorsement]; boiler and machinery, and all-
risk policies).
(C) Tenant's Insurance Contribution shall be paid in monthly installments on the first day of each
calendar month during the term in advance, in an amount reasonably estimated by Owner. Owner's estimate
of Tenant's Insurance Contribution for the calendar year in which this Lease commences is set forth in
Section A- 1 of tbe Basic Lease Provisions. Within 90 days after the end of each calendar year during the
term, Owner shall furnish Tenant with a statement summarizing the actual Insurance Cost for such calendar
year and settiug forth the metbod by wbich Tenaut's Insurance Contribution was determined as herein
provided and Owner and Tenant shall then adjust any overpayment or underpayment by Tenant of Tenant's
Insurance Contribution for such calendar year with any resultant payment to be due within thirty (30) days.
Any claim by Tenant for revision of any statement submitted by Owner hereunder for any such calendar year,
which claim is not made within 90 days after receipt of sucb statement, shall be deemed waived and
discharged. For the calendar year in which this Lease commences or terminates, Tenant's Insurance
Contribution shall be prorated, if applicable, on the basis cfa 360-day year.
(D) Tenant shall provide Owner oil an annual basis with proo£ofall insurance policies which
shall provide that the insurer will give tile Owner at least 30 d ' ' '
lapse of or material change in the insurance, ays wr tten notme prior to any cancellation of,
Section 10.04. Flnsines, liability lnnuranc,= Tenant shall keep in force with a Qualified Carrier, a policy
to cover business liability, including premises operations liability and business interruption liability, in which
the limits of coverage shall not be less than $1,000,000.00, single limit. In addition to Tenant, the policy shall
name Owner as an additional insured. Tenant shall continually provide Owner with a certificate of such
insurance wlfich shall provide that the insurer will give the Owner at least 30 days wr'tten notice prior to any
cancellation of, lapse or material change in the insurance.
Section 10.05. Indemnification
Tenant will, subject to the provisions of Section 10.06, indemnify, save harmless and defend Owner
and its officers, agents and servants, from and against any and all claims, actions, liability and expense in
5onnection with loss of life, bodily injury and/or damage to property arising from or out of any occurrence
m, upon or at the Leased Premises, or the occupancy or use by Tenant, its agents, employees, servants,
subtenants, licensees or concessionaires, of the Leased Premises or any part thereof, or outside the Leased
Premises which is occasioned wholly or in part by any willful or negligent act or omission of Tenant, its
agents, employees, servants, subtenants, licensees or concessionaires, unless the same be caused by the
willful or negligent act or omission of Owner, its agents, employees or servants.
Section 10.06. Waiver of Subrogation: limitation nfl.iahility.
(A) Anything in this Lease to the contrary notwithstanding, it is agreed that each party (the
"Releasing Party") hereby releases the other (the "Released Party") from any liability which the Released
Party would, but for this Section 10.05, have had to the Releasing Party during the term of this Lease,
resulting from the occurrence of any accident or occurrence or casualty (i) which is or would be covered by
an "all-risk" policy (irrespective of whether such coverage is being carried by the Releasing Party), or (ii)
covered by any other casualty or property damage insurance being carried by the Releasing Party at the time
of such occurrence, which accident, occurrence or casualty may have resulted in whole or in part from any
act or neglect of the Released Party, its officers, agents or employees; PROVIDED, HOWEVER, the release
hereinabove set forth shall become inoperative and null and void if the Releasing Party wishes to place the
appropriate insurance with an insurance company which (a) takes the position that the existence of such
release vitiates or would adversely affect any policy so insuring the Releasing Party in a substantial manner
and notice thereof is given to the Released Party, or (b) requires the payment cfa higher premium by reason
of the existence of such release, unless in the latter case the Released Party within 10 days after notice thereof
from the Releasing Party pays such increase in premium.
(B) Anything in this Lease to the contrary notwithstanding, it is agreed that Owner shall not be
liable for any damage arising from the willful or negligent act or omission of any other tenant or occupant
of the Shopping Center.
Section 10.07. Notice by Tenarlt.
Tenant shall within 24 hours after the occurrence of any casualty damage to or accidents in the
Leased Premises, give Owner notice of such casualty damage or'accident.
ARTICI.E XI - [ ITII,ITIES
Section 11.01. lJ'tility Charges.
Tenant shall contract in its oxvn name for and promptly pay all charges for electricity, gas, water,
sewer, telephone and any other utility used or consumed in the Leased Premises to the concern furnishing
the same. In the event that separate service arrangements cannot be provided for any of the above, then the
Tenant agrees to pay their proportionate share of the utility charges which shall be collected as part of the
Common Facilities Contribution set forth in Article VII herein.
Section 11.02 Owner's I.iability for Interruption
Owner shall not be liable in any way to Tenant or to any other party occupying any part of the Leased
Premises for any failure or defect in or of any utility service furnished to the Leased Prenfises or the Common
Facilities, by reason ofany requirement, act or omission of the public utility company serving the Shopping
Center with electricity, water or other utility service, or because of necessary repairs or improvements, or by
reason of any cause referred to in Section 23.02.
Cc,
ARTICI,E X[I - ESTOPPEL CERTIFICATE; ATTORNMENT: PRIORITY OF LEASE: RIGHTS OF
MORTGAGEE
Section 12.01. Estoppel Certificate.
Tenant agrees, within 10 days after written request by Owner, to execute, acknowledge and deliver
to and in favor of any proposed mortgagee or purchaser of the Shopping Center, an estoppel certificate, in
the form customarily used by such proposed mortgagee or purchaser, evidencing the status of performance
under this Lease and the terms of this Lease. Tenant agrees, within 10 days after written request by Owner,
to deliver to Owner a current financial statement of Tenant, duly certified by an officer thereof (if Tenant is
a corporation) and an independent certified public accountant and such other financial information of Tenant
as Owner shall reasonably request.
Section 12.02. Attornment.
Tenant shall, in the event any proceedings are brought For the foreclosure of, or in the event of the
exercise of the power of sale under, any mortgage made by Owner covering any part of the Shopping Center,
or in the event of any sale of the Shopping Center, attom to the purchaser upon any such foreclosure or sale
and recognize such purchaser as Owner onder this Lease. Upon the request of any interested party, Tenant
shall execute, acknowledge and deliver an instrument, in forna and substance satisfactory to such party,
evidencing the attornment provided for in this Section.
Section 12.03. Priol2ty of Lease.
Upon written request of the holder of any first mortgage now or hereafter coveting any part of the
Shopping Center, Tenant will subordinate its rights under this Lease or make this Lease prior in right and
priority to the lien thereof and to all advances made or hereafter to be made upon the security thereof, and
Tenant shall, within ten (10) days after written demand therefor, execute, acknowledge and deliver an
instrument, in the form customarily used by soch encumbrance holder, effecting such priority; PROVIDED,
HOWEVER, at the option of the holder of such mortgage, such holder shall be entitled to effect such priority
by filing a unilateral declaration to that effect with the recorder o£deed in tile County and State in which tile
Leased Premises is located.
Section 12.04. Rights of O,,vner's Mortgagee.
Within 10 days after demand by the holder of any mortgage covering all or any part of the Shopping
Center, Tenant shall execute, acknowledge and deliver an agreement in favor of and in the form customarily
used by such encumbrance holder, by the terms of which Tenant will agree to give prompt notice to such
encumbrance holder in the event of any casualty damage to the Leased Premises or in the event of any default
on the part of Owner under this Lease, and will agree to allow such encumbrance holder a reasonable length
of time (taking into consideration for the purpose of determining such permitted length of time any delays
encountered by reason of any of the causes referred to in Section 23.02), after notice to cure or cause the
curing of such default before exercising Tenant's rights of self-help under this Lease, if any, or terminating
or declaring a default under this Lease. In addition, within 10 days after demand by the holder of any such
mortgage or after demand by owner, Tenant shall deliver to such encumbrance holder a current financial
statement of Tenant and such other financial information as such holder or Owner shall reasonably request.
16
ARTICI.E XII[ - ASSIGNMENT. S[]BLETTING AND CORPORATE OWNERSHIP
Section 13.01 Consent Required
(A) Tenant shall not voluntarily, involuntarily or by operation of law assign or encumber this Lease,
in whole or in part, nor sublet all or any part of the Leased Premises without the prior consent of Ov~aer in
each instance. Notwithstanding any assignment or subletting, Tenant shall remain fully liable under this
Lease and shall not be relieved from performing any of its obligations hereunder. As a condition to any
assignment of this Lease by Tenant which is permitted under this Lease, the assignee thereof shall be required
to execute and deliver to Owner an agreement in recordable fom~, whereby such assignee assumes and agrees
with Owner to discharge all obligations of Tenant under this Lease.
(B) I f Tenant shall request Owner's consent to an assignment of this Lease and Owner shall consent
thereto, the assignee ("Assignee") shall pay directly to Owner, as additional rent hereunder, at such times as
the Assignee shall have agreed to pay Tenant, an amount equal to aoy consideration the Assignee shall have
agreed to pay Tenant on account of such assignment. If Assignee shall fail to pay Owner aoy such
consideration when due, such failure shall constitute a default under this Lease.
(C) If Tenant shall request Owner's consent to a subletting of the Leased Premises or any part
thereof and Owner shall consent thereto, Tenant shall pay Owner, as additional rent, in addition to the Annual
Mioimum Rent and other charges payable hereunder, an amount equal to any consideration paid by the
subtenant to Tenant in excess of (i) the Annual Minirnum Rent and other charges payable hereunder if all of
the Leased Premises are so sublet or (ii) if less than all of the Leased Premises are so sublet, the Annual
Minimum Rent and other charges payable hereunder allocable to the portiou of the Leased Premises so sublet
based on the number of square feet of Gross Leasable Area in the Leased Premises so sublet divided by the
total number of square feet of Gross Leasable Area in the Leased Premises prior to such subletting. The
foregoing amount shall be detemfined monthly and paid by Tenant to Owner on the first day of each calendar
month in advance during the term of such sublease. If Tenant shall fail to pay Owner any such consideration,
such failure shall be a default under this Lease.
Section 13.02. Corporate Ownershi~
If at any time during the term a cumulative total of more than 49% of the voting stock of Tenant (it
Tenant shall be a corporation) shall be transferred, directly or indirectly, by sale, assignment, gift or in any
other manner, any such transfer shall, unless made with Owner's prior consent, be deemed an unauthorized
assignment of this Lease and a default by Tenant under this Lease.
Section 13.03. Owner's Right to Assign.
If Owner conveys or transfers its interest in this Shopping Center or in this lease (which sale or
transfer may be effected without Tenant's consent), upon such conveyance or transfer, Owner (and in the case
of any subsequent conveyances or transfers, the then grantor or transferor) shall be released of and from all
liability with respect to the performance of any covenants and obligations on the part of Owner to be
performed after the date of such conveyance or transfer; it being intended hereby that the covenants and
obligations on the part of Owner to be performed under this Lease shall, subject to the provisions of Section
21.01, be binding on Owner, its successors and assigns, only during and in respect of their respective periods
of ownership of an interest in the Shopping Center or in this Lease.
(~ L~ 17
ARTICI,E XIV - WASTE: HAZARDOIJS WASTE: GOVERNMENTAl. AND INSIIRANCE
Section 14.01. Waste or Nuisance
Tenant shall not commit or suffer to be committed (i) any waste in or upon the Leased Premises or
(ii) any nuisance or any other act or thing (whether a nuisance or otherwise) which may disturb the quiet
enjoyment of any other tenant or occupant in the Shopping Center or its or their customers or other invitees.
Section 14.02 Hazardous Waste.
(A) Tenant hereby covenants, represents and warrants that it shall not generate, transport, handle,
store or other,vise encounter in, on or about the Real Property, any hazardous waste or substance (for
purposes of this Section herein called "hazardous waste") as defined by the applicable federal, state or local
environmental or occupational standards, including but not limited to material defined as such in, or for
purposes of, the Comprehensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA"), as amended by the Superfund Hazardoos Materials Transportation Act (49 U.S.C. §1802 et
seq.), the Resource Conservation and Recovery Act ("RCRA") (42 U.S.C. §1802, el arq.), the Federal Water
Pollution Control Act (33 U.S.C. § 1251, el rt,~.), the Safe Drinking Water Act (42 U.S.C. §300(0, el seq.),
the Toxic Substance Control Act (15 U.S.C. §2601, et seq.), the Clean Air Act (42 U.S.C §7401, el seq.), or
any other federal, state or local statute, ordinance, code, role, regulation, order or decree regulating, relating
to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste,
sobstance, element or material as now or at any time hereafter in effect or amended (for purposes of this
Section herein collectively called the "Laws"). Tenant further covenants, represents and warrants that there
will be no underground storage tanks in, on, under, within or about the Real Property.
(B) Tenant shall not use, store or permit to be stored on the Leased Premises any asbestos in any
form, urea formaldehyde foam insulation, transformers or other equipment which contains-dielectric fluid
or other fluids containing levels of polychlorinated biphenyls in excess of fifty (50) parts per million. If
Tenant shall utilize the Leased Premises for medical office purposes, Tenant shall dispose of all syringes,
blood products, "sharps", medical instruments and all other types of medical waste in a safe, clean, sanitary
manner and in accordance with all applicable taws and regulations.
(C) Tenant/:ovenants, represents and warrants that it will indemni fy and hold Landlord harmless
from and against any and all liability, actions, claims, losses, damages and expenses arising out of, or in any
way relating to, a breach of the representations, warranties, covenants and agreements set forth in this
Section, including: (a) claims of third parties (including governmental agencies) for damages, including
personal injury or property damages, penalties, response costs, injunctive or other relief; (b) costs or removal
and restoration, including fees of attorneys and experts, costs of reporting to any governmental agency the
existence of hazardous substances, hazardous waste, pollutants and/or contaminants and costs of preparing
or causing to be prepared any and all studies, tests, analyses or reports in connection with any environmental
matter; (c) all expenses or obligations, including attorneys' fees, incurred at, before and after any trial or
appeal therefrom whether or not taxable as costs, including attorneys' fees, witness fees, deposition costs and
other expenses; (d) all other costs, expenses and liabilities arising from Tenant's violation of the laws or any
other environmental regulation now in fome or hereafter enacted; and (e) Tenant's disposal of medical waste
as set forth in paragraph (A) above. The obligations of Tenant as contained in this Section shall survive the
termination of the Lease.
Section 14.03. Governmental and Insurance Regulations.
Tenant shall, at Tenant's sole cost, comply with all of the requirements of all governmental authorities
(including without limitation those requiring replacements, additions, repairs and alterations, [structural or
otherwise]), and with all directions, rules, regulations and recommendations of Owner's hazard insurer, now
in force, or which may hereafter be in force, pertaining to (i) the Leased Premises, (ii) all of Tenant's Property
in the Leased Premises and (iii) the use and occupancy of the Leased Prernises.
ARTICLE XV - MERCHANTS ASSOCIATION
Section 15.01. Merchants' Association. "--------
If Owner or the tenants of the Shoppirlg Center shall elect to form a Nlerchant's Association, Tena
shall become a member of, as soon as formed, participate fully and remain in good standing in an association ~
(the "~.~miafi.o~"), the object of which shall be the general furtherance of the business interests of tenants x\
in the Shopping Center by sales promotions. Tenant agrees to pay monthly dues to the Association in the
amount from time to time established by the Association. So long as the Association is in full force and /
effect and Tenant and tile other tenants of thr. e' Shopping Center are menabers thereof and are paying,dues [
thereto, Owner shall not create a Promotion Fund or require Tenant to pay any sums to a Promotion Fund.,/
On. ly yuch Shopl?ing Center tenants who subseqnently agree with Owner or have previously a.,greed througI~l/
a slmdar clause ~n their own Lease Agreement with Owner shall be bound by such a Merchant s Associ~ofi.
~Sectiun 15.02 Promotion FLII~
Iran Association is not formed by the tenants of the Shopping Center or Owner, or if an Association
is formed but is inactive or ceases to exist (i.e. Tenant and the other tenants are not required to pay or are not
paying dues to the Association), then Owner may cause a Promotion Fund (the "Promotion Vnnd") to be
established. The Promotion Fund shall be used solely {'or center ,.vide advertising, promotion and public
relations and administrative expenses relating thereto (including the }airing of a Pronaotion Director) at such
times and in such manner as shall be determined by Owner. Upon the establishment of the Promotion Fund,
and in each calendar year thereafter during the term, Tenant shall pay to Owner, for deposit by Owner in the
Promotion Fund, an amount per annum (the "Promotion Charge,"), equal to the greater of(i) a sum computed
by multiplying the number of square feet of Gross Leasable Area in the Leased Premises by 0.10, or (ii)
$600.00, subject, however, to adjustment as hereinafter provided. At the end of each calendar year during
the term, the amount computed in the preceding sentence shall be adjusted upward (but not downward) for
the next ensuing calendar year in the same pementage proportion that the "Consumer's Price Index,
Philadelphia area (CPI) shall have increased over tile price index for the first full calendar month of the term
of this Lease. In the event (i) the CPI is discontinued, comparable statistics on the purchasing power of the
consumer dollar, as published at the time of said discontinuation by a responsible financial periodical of
recognized authority selected by Owner, shall be used for making the above computation, and (ii) the base
year or other base year used in computing the CPI is changed the figures used in making the foregoing
adjustments shall accordingly be changed so that all increases in the CPI are taken into account
notwithstanding any change in the base year. The annual charge payable by Tenant under this paragraph
shall be paid in equal monthly installments on the first day of each calendar month in advance and shall be
prorated for any partial calendar month or partial calendar year during the term of this Lease. Only such
Shopping Center tenants who subsequently agree witla Owner or who have previously agreed through a
sbnilar claose in their own Lease Agreement with Owner shall be required to contribute to the Promotion
Fund.
(--5 19
Section 15.03. Advertising.
Tenant agrees to advertise Tenant's business in the Leased Premises in special Shopping Center
newspaper sections or tabloids (or in eleotroni¢ media) sponsored by Owner or by the Association for
advertising by tenants in the Shopping Center; and in connection therewith, if Owner or the Association
designates print media, Tenant agrees to pumhase, not less than four (4) times each calendar year, advertising
space therein in a¢cordanoe with the following schedule.
Gross Leasable Area
of I,eased Premises
Required Size of
Advertisement
Tabloid Newspaper
10,001 square feet
or more 1 page V: page
5,001 to 10,000
square feet '/2 page ¼ page
5,000 square feet
or less V4 page 1/8 page
If Owner or tile Association designates electronic media advertising, Tenant shall purchase advertising time
therein equivalent in cost to the cost of the aforesaid print media requirement and such electronic media
advertising shall be applied toward Tenant's performance of its minimum advertising requirement hereunder.
Any advertising done by Tenant pursuant to this paragraph or other wise with respect to the Leased Premises
shall in the advertising copy name the Shopping Center and the address of the Shopping Center. If Tenant
shall fail to timely submit its copy of such advertising` Owner shall have the right (but not the obligation),
in addition to its other rights and remedies, to submit copy cousisting of Tenant's Trade Name (or such trade
name as Tenant may then be using in the operation of the Leased Premises) and tbe address of tile Leased
Premises, to the printer (or to the electronic media representative, as the case may be) for inclusion in such
advertising media on behalfofand for the account of Tenaot. If Tenant shall fail to pay for such advertising,
then Owner may (but shall not be obligated to) pay the cost thereof, and all sums so expended by Owner shall
be reimbursed by tenant to Owner upon demand and shall constitute additional rent. Within 30 days
following the end of each calendar year, Tenant shall submit to Owner a statement, certified by Tenant (or
by an officer of Tenant), showing the amounts expended by Tenant for advertising its business in the Leased
Premises as required in this paragraph, and, to the extent such expenditures shall be less than that required
by this paragraph, the amount of such deficiency shall be payable by Tenant to the Association or the
Promotion Fund, as the case may be, with its next installment of dues to the Association or the Promotion
Fund, as the case may be. Only such Shopping Center tenants who subsequently agree with Owner or such
tenants who have previously agreed through a similar clause in their own Lease Agreement with Owner shall
be bound by this Advertising requirement.
20
ARTICI,E XVI - DESTRUCT[ON
Section 16.01. Deslruction of I.eased Premises.
(A) If the Leased Premises are damaged or destroyed by fire or other casualty insurable under
standard fire and extended coverage insurance so as to become partially or totally untenantable, the same,
unless this Lease is terminated as provided in paragraph (B), shall be repaired and restored by Owner and
Tenant with due diligence, and during such restoration period, the Annual Minimum Rent (but not the Annual
Percentage Rent) and other charges payable hereunder shall equitably abate to the extent the Leased Premises
are materially affected thereby. Owner's obligation under this paragraph (A) to repair and restore shall be
limited to the repair and restoration of those parts of the Leased Premises which were originally constructed
and or installed by Owner at its expense including but not limited to Owner's Work set forth in Exhibit B.
All other repair and restoration shall be the responsibility and at the expense of the Tenant.
(B) If tile Leased Premises are damaged or destroyed to the extent the cost of restoration thereof
would exceed 15% of the amount it would have cost to replace the Leased Premises in its entirety at the time
such damage or destruction occurred, then Owner may elect to terminate this Lease by giving notice to
Tenant of its election to do so within 30 days after such occurrence. If Owner exercises its right to terminate
this Lease, then this Lease shall cease, effective as of the date of such damage or destruction, and all rent and
other charges payable by Tenant shall be adjusted as of that date.
Section 16.02. Destruction of'Shopping Center.
Notwithstanding anything to the contrary set forth in Section 16.01, in the event all or any portion
of the Shopping Center shall be damaged or destroyed by fire or other cause (notwithstanding that the Leased
Premises may be unaffected thereby), to the extent the cost o£ restoration thereof would exceed 25% of the
amount it would have cost to replace tile Shopping Center in its entirety at the time such damage or
destruction occurred, then Owner may terminate this Lease by giving to Tenant 30 days' prior notice of
Owner's election so to do, which notice shall be given, if at all, within 90 days follo~ving the date of such
occurrence. In the event of the termination of this Lease as aforesaid, this Lease shall cease 30 days after
such notice is given, and the rent and other charges hereunder shall be adjusted as of that date.
ARTICI.E XVII - EMINENT DOMAIN
Section 17.01. Condemnation of'Leased Premises.
In the event of any condemnation or conveyance in lieu thereof of the Leased Premises or the
Shopping Center, or both, whether whole or partial, Owner may terminate this Lease, and in any event,
Tenant shall have no claim against Owner or the condemning authority for the value of the unexpired term,
and Tenant shall not be entitled to any part of the compensation or award, whether paid as compensation for
diminution in value to the leasehold or to the fee of the Leased Premises, and Owner shall receive the full
amount thereof, Tenant hereby waiving any right to any part thereof and assigning to Owner its interest
therein.
ARTICI.E XVIII - TENANT'S DEFA1Ji'.T; AND SECURITY DEPOSIT
Section 1801. Default hy Tenant. ~rd"rff~.,~,/-~
If the Annual/Vlininmm Rent, Annual Percentage Rent, additional rent, or any other charge payable
by Tenant under this Lease shall be unpaid on the date payment is required by the terms hereof and shall
remain so for a period of 5 days after Owner gives Tenant notice of such default, or if Tenant fails to perform
any of the other terms, conditions, covenants and obligations of this Lease to be observed and performed by
Tenant for more than 21 days after Owner gives Tenant notice of such default (it being agreed that a default,
other than the failure to pay money, which is of such a character that rectification thereof reasonably requires
longer than said 21 day period and completes the same with due diligence), or if Tenant shall vacate or
abandon the Leased Premises (it being agreed that, subject to the provisions of Articles XVI and XVII and
to Section 23.02, Tenant's failure to operate its business in the Leased Premises for seven consecutive days
or more shall conclusively be deemed an abandonment) or suffer this Lease to be taken under any writ of
execution, attachment or other process of law, or if this Lease shall by operation of law devolve upon or pass
to any other party other than a party, if any, to whom Tenant is authorized to assign this Lease by the
provisions of Section 13.01, or if an "Act of Bankruptcy" (as defined in Section 18.02) shall occur, or if
Owner shall have notified Tenaot of Tenant's default three (3) or inore times in any twelve calendar month
period, then, in any of such events, Owner shall have, besides its other rights or remedies, the following
immediate rights:
(1) At its option, to ~this Lease and the term hereby created without any right on the
part of Tenant to waive the forfeit'ute by payment of any sum due or by other performance of any condition,
term or covenant broken, whereupon Owoer shall be entitled to recover, in addition to any and all sums and
damages for violation of Tenant's obligations hereunder in existence at the time of such tem'fination, damages
for Tenant's default in an amount equal to the amount of the rent reserved for tile balance of the term of this
Lease, as well as all other charges, payments, costs and expenses herein agreed to be paid by Tenant, all
disconnted at tile rate of six percent (6%) per annum to their then preseut worth, less the fair rental value of
the Premises for the remainder of said term, also disconnted at the rate of six percent (6%) per annum to its
then present worth, all of which amount shall be imtnediately doe and payable l?om Tenant to Owner.
(2) At its option, by notice to Tenant, to re-enter and take possession of the Leased Premises
without terminating this Lease. No re-entry or taking possession of the Leased Pren'fises by Owner pursuant
to this clause (2) shall be construed as an election on its part to terminate this Lease unless a notice of such
intention is given to Tenant (all other demands and notices of forfeiture or other similar ootices being hereby
expressly waived by Tenant).
(3) At its option, to require that upon (i) any termination of this Lease, whether by lapse of time
or by the exercise of any option by Owner to terminate the same or in any other manner whatsoever, or (ii)
any termination of Tenant's right to possession without termination o£ this Lease, Tenant shall immediately
surrender possession of the Leased Premises to Owner and immediately vacate the same, and remove all
effects therefrom, except such as may not be removed under other provisions of this Lease.
(4) At its option, to make such alterations and repairs as Owner shall determine may be
reasonably necessary to relet the Leased Premises, and to relet the same or any part thereof for such term or
terms (which may be for a term extending beyond the term of this Lease) and upon such terms and conditions
as Owner in its sole discretion may deem advisable. Upon each reletting, all rentals received by owner from
such reletting shall be applied as follows: first, to the payment of any indebtedness other than rent or other
charges due under this Lease from Tenant to Owner; second to the payment of any reasonable costs and
(r c2 22
expenses of such reletting, including brokerage fees and attorneys' fees and costs of such alterations and
repairs, each of which fees and costs sihall be reasonable in amount; and third, to the payment of rent and
other charges duc and unpaid hereunder. In no event shall Tenant be entitled to receive any surplus ofany
sams received by Owner on a reletting in excess of thc rental and other charges payable hereunder. If such
rentals and other charges received from such reletting during any month are less than those to be paid during
that month by Tenant hereunder, Tenant shall pay any such deficiency to Owner (notwithstanding the fact
that Owner may have received rental in excess of the rental and other charges payable hereunder in previous
or subsequent months), such deficiency to be calculated and payable monthly. Notwithstanding any reletting
without tem~ination, Owner may at any time thereafter elect to terminate this Lease for such previous breach
in the manner provided in this Section.
(5) If Tenant shall default in tile payment of the rent herein reserved or in the payment of any
other sums due hereunder by Tenant, Tenant hereby authorizes and empowers any Prothonotary or attorney
of any court of record to appear for Tenant in any and all actions which may be brought for said rent and/or
said other sums; and/or to sign for Tenant an agreement for entering in any competent court an amicable
action or actions for tile recovery of said rental and/or other sums; and in said suits or in said amicable action
or actions to confess judgment against Tenant for all or any part of said rental and/or said other sums,
including but not limited to the amounts due from Tenant to Owner under subparagraphs (1), (2), (3) and/or
(4) of the Paragraph; and for interest and costs, together with any attorneys' commission for collection of ten
percent (10%). Such authority shall not be exhausted by one exercise thereof, but judgment may be
confessed as aforesaid from time to time as often as any of said rental and/or other sums shall fall due or be
in arrears, and such powers may be exercised as well after the expiration of the initial term of this Lease
and/or during any extended or renewal term of this Lease and/or after the expira~on/pf any extended or
renewal term of this Lease.
(6) When this Lease and the term of any extension or renewal thereofshall have been terminated
on account ofany default by Tenant hereunder, and also when tile term hereby created or any extension or
renewal thereof shall have expired, it shall be lawful for any attorney of any court of record to appear as
attorney for Tenant as well as £or all persons claiming by, through or under Tenant, and to sign an agreement
for entering in any competent court an amicable action in ejectment against Tenant and all persons claiming
by, through or under Tenant and therein confess judgment for the recovery by Owner of possession of the
Premises, for which this Lease shall be his sufficient warrant; thereupon, if Owner so desires, an appropriate
writ of possession may issue forthwith, without any prior writ or proceeding whatsoever, and provided that
if for any reason after such action shall have been commenced it shall be determined that possession of the
Premises remain in or be restored to Tenant, Owner shall have the right for the same default and upon any
subsequent default or defaults, or upon the termination of this Lease or Tenant's right of possession as
hereinbefore set forth, to bring one or more further amicable action or actions as hereinbefore set forth to
recover possession of the Premises a,.nd confess judgment for the recovery of possession of the Premises as
hereinbefore provided. ~ ~/."5~-/~""~9~ ..~ 5/)
(7) In any amicable action ofejectment and/or for rent and/or other sums brought hereon, Owner
shall first cause to be filed in such action an affidavit made by Owner or someone acting for Owner, setting
forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be prima facie
evidence, and if a true copy of this Lease (and of the truth of the copy such affidavit shall be sufficient
evidence) shall be filed in such suit, action or actions, it shall not be necessary to file the origin~a~ as a warrant
of attorney, any rule or Court, custom or practice to the contrary uotwithstanding, f'~./?~,..o~'.. ~3~
E 5 23
(8) At its option, to collect from Tenant any other loss or damage which Owner may sustain by
reason of any breach and any din?fished value of the Leased Premises resulting from said breach.
Tenant hereby waives and releases all errors and defects which may intervene in the Owner's
exercise of any of its remedies hereunder, including the summary remedies; Tenant further waives the right
of inquisition on any real estate levied on and Tenant voluntarily consents to an immediate execution upon
any judgment obtained by Owner; Tenant also waives and releases all relief from any and all appraisement,
stay or exemption law of any state now in force or hereafter en~ted; Tenant waives any notice to quit
required by any law now in force of hereafter enacted. ~'"'/,~g;.,~_e,~ .; ?,.~
Nothing in this Section shall be deemed to limit Owner's rights and remedies in the event ora default
by Tenant, and the Owner's rights and remedies set forth in this Lease shall be in addition to those available
to Owner at law or in equity.
Section 18.02. Bankruptcy.
(A) If at any time prior to or after the commencement of the term of this Lease there shall be filed
by Tenant or Guarantor, in any court pursuant to any statute either of the United States or of any State, a
petition in bankruptcy (including, without limitation, a petition for liquidation, reorganization or for
adjustment o£debts of an individual with regular income), or if any case, proceeding or other action shall be
commenced seeking to have an order for relief entered against Tenant or Guarantor as a debtor in bankruptcy
proceedings or to adjudicate Tenant or Guarantor a bankrupt or insolvent, or seeking reorganization,
arrangement, adjustment, liquidation, dissolution or composition of it or its debts uuder any law relating to
bankruptcy, insolvency, reorganization or relief of debtors, or seeking appointment of a receiver, trustee,
custodian or other similar official for it or for all or any substantial part of its property, and such ease,
proceeding or other action results in the entry of an order for relief or is not dismissed within 30 days of the
filing thereof, or if Tenant or Guarantor becomes insolvent or is generally not paying or admits in writing its
inability to pay its debts as they mature, or makes an assignment for the benefit of creditors or petitions for
or enters into an arrangement with its creditors or a custodian is appointed or takes possession of Tenant's
or Guarantor's property (whether or not a judicial proceeding is instituted in connection with such
arrangement or in connection with the appointment of such custodian), or if Tenant or Guarantor shall take
any action to authorize or in contemplation of any of the events set forth above (each of the foregoing events
to be hereinafter referred to as an "Act of Bankr~lllI~"), then, in addition to Owner's other rights and
remedies under this Lease and applicable law, this Lease shall, at Owner's option (and if permitted by la,v),
be terminated, in which event neither Tenant nor Guarantor, nor any person claiming through or under Tenant
or Guarantor or by virtue of any statute or of an order of any court, shall be entitled to possession of the
Leased Prenfises, and Owner, in addition to the other rights and remedies given by this Lease, or by virtue
of any statute or rule of law, may retain as liquidated damages any rent, Security Deposit or moneys received
by Owner from Tenant or others in behalf of Tenant. All rent, additional rent and other charges payable by
Tenant under this Lease shall constitute rent for the purpose of applying the provisions of Section 502(b)(7)
of the Federal Bankruptcy Code.
(B) In the event an act of bankruptcy shall occur and this Lease is not terminated pursuant to the
provisions of paragraph (A), the parties agree that:
(i)
If there shall be a default in the payment of Annual IVlinimum Rent or any additional
rent, or a default io the observance or performance of any other provision of this
Lease binding on Tenant, Owner shall be entitled to immediately discontinue
5 24
furnishing any utilities and other services it has been providing to the Leased
Premises, tmtil such time as such defaults have been fiflly cured, it being agreed that
the foregoing action by Owner shall in no way cause or result in any abatement of
Annual Minimnm Rent or any other charge payable by Tenant during the
continuance of the term of this Lease.
(ii)
If the Lease is assumed by a trustee iu bankruptcy, and assigned by the trustee to a
third party, then such party shall (w) execute and deliver to Owner an agreement in
recordable fom~ whereby such party confirms that it has assumed and agrees with
Owner to discharge all obligations (including, without limitation, the provisions of
Article VI respecting the Pernfitted Use of the Leased Promises and the manner o f
operation thereoF) binding on Tenant under this Lease, (x) represent and warrant in
writing to Owner that such party has a net worth and operating experience at least
comparable to that possessed by Tenant named herein and Guarantor as of the
execution of this Lease, (y) deposit with Owner a Security Deposit and advance rent
equal to that initially deposited by Tenant named herein, and (z) grant Owner, to
secure the performance of such party's obligations under this Lease, a security
interest in such party's merchandise, inventory, personal property, fixtures,
furnishings, and all accounts receivable (and in the proceeds of all of the foregoing)
with respect to its operations in the Leased Premises, and in connection therewith,
such party shall execute such security agreements, financing statements and other
documents (the forms of which are to be designated by Owner) as are necessary to
perfect such lien.
(iii)
Lease shall be deemed a lease of"Nonresidential Real Property" within a "Shopping
Center" for tile purpose of Section 365 of the Federal Bankruptcy Code.
(C) Any person or entity to which this Lease is assigned pursuant to the provisions of tile
Bankruptcy Code, 11 U.S.C. Section 101, el ~ (the "Bankrnplcv Code") sha be deemed without further
act or deed to have assumed all of the obligations arising under this Lease on and after the date of such
assignment. If this Lease is assigned to any person or entity pursuant to the provisions of the Bankruptcy
Code, any and all monies or other considerations payable or otherwise to be delivered in connection with such
assignment shall be paid or delivered to Owner, shall be and remain the exclusive property of Owner and
shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code.
Any and all monies or other considerations constituting Owner's property under the preceding sentence not
paid or delivered to Owner shall be held in trust for the benefit of Owner and be promptly paid or delivered
to Owner.
Section 18.03. Owner's Right to Cure De£aults,
If Tenant fails to perfornl any agreement or obligation on its part to be performed under this Lease,
Owner shall have the right (i) if no emergency exists, to perform the same after giving 15 days' notice to
Tenant; and (ii) in any emergency situation, to perform the same immediately without notice or delay. For
the purpose of rectifying Tenant's defaults as aforesaid, Owner shall bare the right to enter the Leased
Premises. Tenant shall, on demand, reimburse Owner for the costs and expenses incurred by Owner in
rectifying Tenant's defaults as aforesaid, including reasonable attorneys' fees. Owner shall not be liable or
in any way responsible for any loss, inconvenience, annoyance, or damage resulting to Tenant or anyone
holding under Tenant for any action taken by Owner pursuant to this Section.
Section 18.04. Secorlty Deposit.
(A) Tenant, contemporaneously with the execution of this Lease, has deposited with Owner the
sum designated as the "Security Deposit" in A-I of the Basic Lease Provisions, receipt of which is hereby
acknowledged. The Security Deposit shall be held by Owner, without liability for interest, as security for
the faithful performance by Tenant of all of the terms, covenants and conditions of this Lease by Tenant to
be performed. Owner shall not be required to hold the Security Deposit as a separate fund, but may
commingle it with other funds. If after the execution of this Lease Agreement and Owner's receipt of the
Security Deposit, Tenant would fail to commence under the terms of this Lease Agreement, Tenant shall
forfeit the Security Deposit which shall be retained by Owner, this Lease Agreement shall terminate and all
of the Owner and Tenants obligations hereunder shall become null and void.
(B) If at any time during the term any Annual Minimum Rent, Annual Percentage Rent, or
additional rent payable by Tenant shall be overdue, or if Tenant fails to perform any of the other terms,
covenants or conditions to be performed by Tenant, then Owner, at its option, may appropriate and apply all
or any portion of the Security Deposit to the payment of any such overdue Annual Minimum Rent, Annual
Percentage Rent, or additional rent and to the compensation of O~vner for loss or damage sustained by Owner
due to a breach by Tenant as aforesaid, without prejudice to Owner's other remedies. Should all or any part
of the Security deposit be appropriated and applied by Owner as provided above, then Tenant shall, upon
demand of O~vner, forthwith remit to Owner a sufficient amount in cash to restore the same to the original
sum deposited. Should Tenant comply with all of the terms, covenants and conditions of this Lease binding
on Tenant, the Security Deposit shall be returned in full to Tenant within 60 days after the later of the
following dates: (i) the date of expiration of the term or (ii) tile date Tenant shall deliver to Owner such
inspection reports as Owoer shall require setting forth that the Leased Premises were surrendered in
accordance with Section 11.02 of this Lease.
ALTERNATIVE SECTION-- NO DEPOSIT
In lieu of the collection ora Security Deposit, Tenant agrees to pay to Owner the sore of
]../ts n, ~,~ ~. D Dollars ($15'~a o~,)*as earnest money which represents the first months rent including the
monthly estimated charges specified in Section A-1 contemporaneously with the execution of this Lease,
receipt of which is hereby aclmowledged. Said sum shall be held by Owner, without liability for interest, and
applied to the first monthly rent ~vhen due. Owner shall not be required to hold the earnest money as a
separate fund, but may comingle it with other funds. If after the execution of this Lease Agreement and
Owner's receipt of the earnest money, Tenant would fail to commence under the terms of this Lease
Agreement, Tenant shall forfeit the earnest money which shall be retained by Owner, this Lease Agreement
shall terminate and all of the O~vner and Tenants obligations hereunder shall become null and void.
ARTICI.E XIX - ACCESS BY OWNER
Section 19.01. Right of Entl.'y.
Owner and its designees shall have the right to enter the Leased Premises during reasonable business
hours (except in the event of emergency, when Owner may enter at any time) for all lawful purposes
(inclnding the right to show the Leased Premises to prospective purchasers of the Shopping Center, and,
during the last six months of the term, the right to show the Leased Premises to prospective tenants) and to
whatever extent necessary or appropriate to enable Owner to exercise all of its rights under this Lease
(including without limitation the right to perform certain provisions of this Lease on Tenant's behalf as set
forth in Section 18.02) and to carry out all of Owner's obligations hereunder. Owner and Owner's
26
representatives shall also have the right to enter the Leased Premises and to erect scaffolding and barricades ·
around the same (but not so as to preclude entry thereto) in O,'der to make soch repairs, alterations,
improvements and additions to the building of which the Leased Premises form a part and the lbundations
and walls ofthe Leased Premises as Owner may deem necessary or desirable (and Owner shall be allowed
to take all equipment and material upon the Leased Premises which may be required therefor), but Owner
shall use reasonable efforts consistent with accepted construction practice to minimize interference to
Tenant's business caused by reason thereof. The exercise by Owner ofits rights of entry and other rights
granted under this paragraph shall not constitute an eviction of Tenant and the rent payable under this Lese
shall not abate by reason thereof.
ARTICLE XX - ARFIlTRAT[ON; RIGIIT TO APPEAl.
~t between Owner and Tenant with respect to the interpretation or application of tbis
Lease, ~-~'~he obligation of the parties hereunder, shall be determined by arbitration unless the parties
other,vise mutually agree in writing. Owner and Tenant shall agree opon one arbitrator, otherwise there shall
be three (3), one named in writing by the Owner and one named in writing by the Tenant within ten (10) days
after notice of arbitration is served by either npon the other, and a third arbitrator selected by those two
arbitrators within ten (10) days thereafter. No one shall serve as an arbitrator who is in any way financially
interested in this Lease or in the affairs ofeither party hereto. This agreement to arbitrate shall be specifically
enforceable tinder the prevailing arbitration laws. The arbitrator or arbitrators shall have the power to award
to either party to the dispute such sums, costs, expenses, and attorney's fees as the arbitrator or arbitrators
may deem proper. The award rendered by the arbitrator or arbitrators shall be appealable to a court of
competent jurisdiction within thirty (30) days of notice of the arbitrators' award. Such appeal shall be
prosecuted without delay and as rapidly as possible.
Section 50.02 - Waiver of Trial Fly
THE PARTIES IIEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING,
COUNTERCLAIM OR APPEAL BROUGIIT BY EITIIER PARTY AGAINST THE OTHER ON ANY
MATTER. Tenant agrees that any action brought in connection with this Lease may be maintained in any
court of competent jurisdiction in the Commonwealth of Pennsylvania. Tenant hereby appoints Owner as
agent for the purpose of accepting service of any process, subject ooly to the condition that Owner promptly
send Notice of such process to Tenant at the address of Tenant set forth in A-1 of the Basic Lease Provisions.
In case suit shall be brought because of the breach of any agreement or obligation contained in this Lease on
the part of Tenant or Owner to be kept or performed, and a breach shall be established, the prevailing party
shall (to the extent permitted by law) be entitled to recover all expenses incurred therefor, including
reasonable attorneys' fees. Owner's rights and remedies shall be cumulative and may be exercised and
enforced concurrently. Any right or remedy conferred upon Owner under this Lease shall not be deemed to
be exclusive of any other right or remedy Owner may have. All rights and liabilities herein given to or
imposed upon the respective parties hereto shall, except as may be otherwise herein provided, extend to and
bind the respective heirs, executors, administrators, successors and assigns of the said parties; and if there
shall be more than one Tenant, they shall all be bound jointly and severally by the terms, covenants and
agreements herein contained. This paragraph shall only become effective in the event that there is an appeal
of an arbitrators award.
ARTICI,E XXI - OWNER'S LIABII.1TY
Section 21.01. l.imitations on l.iabilily
(A) Anything contained in this Lease to the contrary notwithstanding, Tenant agrees that Tenant
shall look solely to the fee simple interests or leasehold estate of the Owner in the Shopping Center for the
collection of any judgment (or other judicial process) requiring the payment of money by Owner in the event
of any default or breach by Owner with respect to any of the terms and provisions of this Lease to be
observed or performed by Owner, subject, however, to the prior rights of the holder of any mortgage covering
the Shopping Center, and NO OTHER ASSETS OF OWNER SHAIJ. BE SUBJECT TO LEVY,
EXECIITION OR OTHER JUDICIAl. PROCFS~ FOR THE SATISFACTION OF TENANT'S CLAIM:
AND OWNER SHALL NOT BE LIABI.E FOR ANY SIICH DEFAIJI,T OR FIREACBmXCEPT TO THE
EXTENT OF OWNER'S INTEREST IN THE SHOPPING CENTER. t/'°/.~,o,~ _~ ~ ~d
~.-" ~J,/.r (Tenant)
(B) Owner shall not be liable for any damage occasioned by failure of the Premises to be in
repair, nor for any damage done or occasioned by or from plumbing, gas, water, sprinkler, steam or other
pipes or sewerage, or the bursting, leaking or running of any tank, washstand, water closet or waste pipe in,
above, upon or about the Premises or improvements constituting a part thereof, nor for any damage
occasioned by water, snow or ice being upon or coming through the roof, skylights, trap door or otherwise.
(C) In the event that in this Lease it is provided that the exercise of any right by Tenant or the
performance of any obligations of Tenant shall be subject to the consent or approval or Owner and that the
consent or approval of Owner shall not be unreasonably withheld or delayed, then in any case in which
Owner shall withhold or delay its consent, Tenant hereby waives any and all rights it may have to recover
(and Tenant shall not seek in any proceeding) any damages from Owner on account thereof; it being agreed
that Tenant's sole remedy for Owner's withholding or delaying of consent shall be injunctive relief (without
any right to damages).
(D) Notwithstanding anything to the contrary contained in this Lease, if Owner shall elect to
provide security service then (i) any security service that may be provided by Owner is intended solely for
the protection and benefit of the Common Facilities and not for the protection or benefit of the Leased
Premises or any other premises; and (ii) Owner shall not be liable in any manner whatsoever to Tenant or to
any third party by reason of Owner's act or failore to act in providing or maintaining security in the Shopping
Center.
Section 21.02. Owner's Ohligations With Respect to Future Building Areas.
Notwithstanding anything set out in this Lease to the contrary, it is understood and agreed that (i)
Tenant will not cancel this Lease nor be entitled to claim any actual or constructive eviction because of a
default of Owner either by act or omission under this Lease when such act or omission relates to any Future
Building Area shown on Exhibit A, and Tenant will not abate rentals or otherwise credit or offset damages
against rental under this Lease because of any act or omission of Owner under this Lease which relates to any
Future Building Area shown on Exhibit A , but shall not be construed as a waiver of any rights Tenant may
have in personam against or as a waiver of any remedies by way of injunctive relief which Tenant may have
against Owner (other than one who becomes such after the foreclosure of any first mortgage covering any
part of the real property which is contained within the Shopping Center, or after the execution of a deed in
lieu thereoF); and (ii) the restrictions set out in this Lease, if any, to the extent the same relate to any Future
Building Area shown on Exhibit A , and all obligations of Owner with respect to such restrictions shall
absolutely and automatically terminate for all purposes from and after the date the holder of any first
mortgage affecting the real property which is contained witbin the Shopping Center, forecloses its mortgage
or obtains a deed in lieu thereof. For purposes of this Section, an "Outlot" shall be considered the same as
a Future Building Area.
ARTICLE XXII - IIOI.DING OVER
Section 22.01. Holding Over,
In the event Tenant remains in possession of the Leased Premises after the expiration of the tenancy
created hereunder, and without the execution of a new lease, Tenant, at the option of Owner, shall be deemed
to be occupying the Leased Premises as a tenant from mortth-to-month, at a rate equal to 125% of the Annual
Minimum Rent for the last Lease Year of the term, subject to all the other conditions, provisions and
obligations of this Lease insofar as tbe same are applicable to a month-to-month tenancy.
Section 22.02. Time is of the Esserlc¢,
Time is of the essence of each provision of this Lease.
Tenaot hereby waives notice to quit the Premises at tile expiration of the term of this Lease or any
earlier terminatioo, and this Lease shall constitute sufficieut notice to quit without any obligation upon Owner
to provkle Teuant with any additional notice thereof.
ARTICLE XXIII - WAIVER; NOTICE; DEFINITIONS; MISCEI.I,ANEOIIS.
Section 23.01. Waiver.
No delay or omission in the exercise of any right or remedy of Owner on any default by Tenant shall
impair such a right or remedy or be construed as a waiver. No covenant, tema or condition of this Lease sball
be deeme~n waiv~oless such waiver be in writing signed by the party charged therewith.
Section ~23.02. Force Maieure/ ' '
In the event either party hereto shall be delayed or hindered in or prevented from the performance
of any act required under this Lease by reason of strikes, lockouts, labor troubles, inability to procure
materials, failure of power, restrictive governmental law or regulations, riots, insurrection, war or other
reason ora like nature not the fault of the party delayed in performing work or doing acts required under the
terms of this Lease, then performance of any such act shall be extended for a period equivalent to the period
of such delay. The provisions of this Section shall not (a) operate to excuse Tenant from prompt payment
of Annnal Minimum Rent or any other payment required by the terms of this Lease, and (b) be applicable
to delays resulting from the inability of a party to obtain financing or to proceed with its obligations under
this Lease because ora lack of funds.
Section 23.03. Notices and Payments.
(A) Whenever any notice, consent, approval or authorization ("Notice") is required or permitted
under this Lease, the same shall be in writing and all oral notices, consents, approvals and authorizations shall
29
be ofno effect. All Notices by Tenant to Owner shall be sent to O;v~'~er by registered or ~ertified mail (return
receipt requested), postage prepaid, or by a nationally recognized overnight courier setwi~:e (Federal Express,
AirBorne, UPS Next Day Air or similar) at the "Address of Owner" designated in Section A- 1 of the Basic
Lease Provisions, or to such other address(es) as Owner may later designate in writing (including, without
limitation, any notice which Tenant shall be required to give Owner's mortgagee pursuant to Section 12.04).
Until Owner is notified otherwise by Tenant, all Notices by Owner to Tenant shall be deemed to have been
duly given if sent by registered or certified mail (return receipt requested), postage prepaid, or by a nationally
recognized overnight courier service (Federal Express, AirBorne, UPS Next Day Air or similar) to Tenant
at the "Address of Tenant" designated in Section A-I of the Basic Lease Provisions. In the case of notices
sent by overnight courier, delivery shall be deemed effective one day after such notice is sent. Until
otherwise notified in writing by Owner, Tenant shall pay all rent and other sums required to be paid by it
under this Lease by check payable to the order of Owner and shall deliver the same, together with all sales
reports required under Article III and all certificates of insurance required to be furnished by Tenant pursuant
to Article X, to the address of Owner designated in Section A-1 of the Basic Lease Provisions.
(B) All Notices shall be effective upon being deposited in the United States mail in the manner
prescribed in paragraph (A) of this Section. However, the time period in which a response to any such Notice
must be given shall commence to run from tile date of receipt by the addressee thereof as shown on the return
receipt of the Notice. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no Notice was given, shall be deemed to be receipt of the Notice as of the date of such
rejection, refusal or inability to deliver.
Seclion 23.04. Definitions.
(A) The term "calendar year" shall mean a period of 12 consecutive full calendar months,
commencing January I and ending December 31.
(B) Tile term "Gnar~qntor" as used in this Lease shall be deemed to mean any person, partnership,
corporation or other entity which has undertaken, by separate instrument, endorsement on this Lease or in
any other manner, to warrant, agree or guarantee that the obligations of Tenant, or any portion thereof, shall
be performed by Tenant.
(C) The term "Gross l~easable Area" shall mean the aggregate floor area within the exterior faces
of the exterior walls (except party walls as to which the center thereof, instead of the exterior faces thereof,
shall be used). Changes in Gross Leasable Area occurring during any calendar month shall be effective on
the first day of the next succeeding calendar month and, unless otherwise herein specified to the contrary,
the total number of square feet of Gross Leasable Area in effect for any calendar year shall be the average
of the number of square feet of Gross Leasable Area on the first day of each calendar month in such calendar
year.
(D) The term "inchJding" as used in this Lease shall mean "including without limitation".
(E) The term "Interest Rate" shall mean a rate of interest, per annum, equal to the lessor of(i)
the highest lawful rate of interest that may be charged Tenant under the laws of the State in which the Leased
Premises is located or (ii) two percent (2%) in excess of the "Effective Rate" of Chase Manhattan Bank, N.A.,
New York, New York (or its successor) (the "Bank") initially determined as of the date any rent, additional
rent or other payment under this Lease is due and for which interest at the Interest Rate is charged and
thereafter adjusted daily; PROVIDED, HOWEVER, if the Bank should cease to exist as a viable commercial
bank, then the "Effective Rate" of any commercial bank selected by Owner and having capital and surplus
30
of at least $50,000,000.00 shall be used to determine the Interest Rate. The term "Effective Rate" shall mean
the rate of interest announced by the Bank or other commercial bank selected by Owner as aforesaid, as the
case may be, as its prime lending rate. The Effective Rate shall be as announced by the Bank notwithstanding
that tile Bank may actually charge other rates, and a written statement from the Bank or any national
iovestment brokerage firm or national bank as to ;vhat tile Effective Rate was on any given day shall be
deemed conclusive.
(F) The term "l.ease Year" shall mean a period of twelve consecutive full calendar months. The
first Lease Year shall begin on the date of commencement of the term if such date of commencement shall
occur on the first day of a calendar month; if not, then on the first day of tile calendar month next following
such date of commencement. Each succeeding Lease Year shall commence upon the anniversary date of the
first Lease Year.
(G) The term "lVlortgage" shall include a deed of trust. The term "mortgagee" shall mean the
holder of a mortgage and beneficiary under a deed of trust.
(H) The tem~ "Tenant's Percentage Share" shall mean the Tenant's proportionate share based on
the calculated percentage of Tenant's Gross Leasable Area as herein defined in relation to the total gross
leasable area of the shopping center.
(I) The word "Tenant" shall mean each and every person or party mentioned as Tenant herein,
and if there shall be more than one Tenant, any Notice required or permitted by the terms of this Lease may
be given by or to any one thereof and shall have the same force and effect as if given by or to all thereof.
(J) The word "term" shall mean tile period from the date of the commencement of this Lease to
the expiration or sooner termination thereof, including any extension thereof, all as herein provided.
Section 23.05. Miscellaneous.
(A) Recording ofl~ease. Neither party shall record this Lease in its entirety. However, upon the
request of either party, the other party shall join in the execution of a memorandum or so-called "short form"
of this Lease for the purpose of recordation.
(B) Obligations Sorviving Termination. All obligations of Tenant and Owner which by their
nature involve performance, in any particular, after the end of the term, or which cannot be ascertained to
have been fully performed until after the end of the tem~, shall survive the expiration or sooner termination
of the term.
(C) Governing Law and Jurisdiction The laws of the Commonwealth of Pennsylvania shall
govern the validity, performance and enforcement of this Lease.
(D) No Accord And Saris faction. No payment by Tenant or receipt by Owner ora lesser amount
than the monthly rent and other charges, nor shall any endorsement or statement on any check or on any letter
accompanying any check be deemed an accord and satisfaction.
(E) Alterations And Amendments. Except as herein otherwise expressly provided, no subsequent
alteration, amendment, change or addition to this Lease, nor any surrender of the term, shall be binding upon
Owner or Tenant unless reduced to writing and signed by them.
(F) l~ Owner does not in any way or for any purpose become a partner of Tenant
in the conduct of its business or other, vise, nor a joint venturer or a member ora joint enterprise with Tenant.
(G) Withholding Consent. Wberever in this Lease a party's consent or approval is required, such
approval may be withheld arbitrarily unless otherwise herein specifically provided to the contrary.
(H) Captions; Article Numbers. The captions, section numbers, article numbers and index
appearing in this Lease in no way define, limit, construe or describe the scope or intent of such sections or
articles of this Lease. The language in all parts of this Lease shall in all cases be construed as a whole
according to its fair meaning, and not strictly for not against either Owner or Tenant, and should a court be
called upon to interpret any provision hereof, no weigbt shall be given to, nor shall any construction or
interpretation be influenced by, any presumption of preparation of a lease by Owner or by Tenant.
(I) C. marm:zt~ At the time ofexecuting tbis Lease, Tenant shall provided to Owner a signed
Guaranty of Lease including the signature of the spouse, if any, in form and substance as set forth in Exhibit
D hereto. Each Guarantor shall provide Owner with an annual financial statement upon request.
(J) Severability. In the event that one or more provisions of this Lease shall be found to be
unenforceable at law or in equity, the remainder oftbe Lease shall not be affected and shall remain in full
force and effect.
(K) Successors and Assi~s. This Lease shall be binding upon and shall inure to the benefit of
the parties hereto and their respective legal representative, heirs, successors and assigns.
(L) Tenant's Corporate Authority. If Tenant is a corporation, it shall, concurrently with the
signing of this Lease, furnish to Owner certified copies of the resolutions of its Board of Directors (or of the
executive committee of its Board of Directors) authorizing Tenant to enter into this Lease; and it shall furnish
to Ov, qaer proof that Tenant is a duly organized corporation under the laws of the state of its incorporation,
is qualified to do business in the Pennsylvania, is in good standing under the laws of Pennsylvania, and bas
the power and authority to enter into this Lease, and that all corporate action requisites to authorize Tenaut
to enter into this lease bas been duly taken.
(M) Flroker~. Except as set fortb below, Tenant represents and warrants that it has not dealt with
any broker in respect to this Lease, and agrees to defend, indemnify and save Owner harn'dess against all
demands, claims and liabilities arising out of any dealings between Tenant and any other broker in respect
to this Lease:
Rothman, Schubert & Reed Realtors
THIS [.EASE CONSTITIITES THE ENTIRE AGREEMENT
THIS LEASE AND THE EXHIBITS AND RiDER, IF ANY, ATTACHED HERETO, IS THE
COMPLETE AGREEMENT BETWEEN OWNER AND TENANT CONCERNING THE LEASED
PREMISES AND THE SHOPPING CENTER. THERE ARE NO ORAL AGREEMENTS,
UNDERSTANDINGS, PROMISES OR REPRESENTATIONS BETWEEN OWNER AND TENANT
AFFECTING THIS LEASE. ALL PR[OR NEGOTIATIONS AND UNDERSTANDINGS, IF ANY,
BETWEEN THE PARTIES HERETO WITH RESPECT TO THE LEASED PREMISES AND THE
32
f
SHOPPING CENTER SHALL BE OF NO FORCE OR EFFECT AND SHALL NOT BE USED TO
INTERPRET THIS LEASE.
· IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first-above
written.
WITNESS:
OWNER:
Rothman, Schubert & Reed, a Pennsylvania
General Partnership
Samuel L. Reed, Attorney-in-Fact pursuant to Power of
Attorney dated August 21, 1996, and recorded in Mist.
Book 528, Page 480.
ATTEST:
TENANT:
(SE, AL)
33
z
Ldo,
~z,
.?,NV]
RS&R SIlOPPING CENTER -OVERALL
All tlmt certain tract of land situate itl East Pcnnsboro Townaldp, Cumberland County,
Pennsylvania, more particularly bounded and described a~ follows:
BEGINNING at a point along rite north~ro right ofway line of Pennsylvania Route .944,
also known as Wertzvllle Road and on the line ofadjoiner betwenn loth nos. I and 3 on
the hereinafter mentioned Plan of Lot;
thence, along said line of adjoiner by a curve to the left with a radius of 10.00' and an
length of 15.7 I' to a point;
thence, continuing along ~aid line of adjoiner N 17°32'33"W, a distenc¢ of 185.58' to a
point;
thence, continuing along said line of adjoiner S 72°27'27" W, a distance of 241.55' to a
point on tile cent~line of an existing 20' senJtary .~wer easement;
thence, continuing along said centerlin¢ tho following comscs and distances:
N 27°20'00" W, a distance of 138.95' to a point;
N 17015'30.' W, a distance of 263.28' to a point;
N 4°I0'00'' E, a distance of 130.24' to a point;
N 4°20'30" E, a distance of 123.12' to a point;
N 13°30'W, a distance of 259.57' to a point;
N 00°5 I'E, a distance of 348.14' to a point on tho lille ofadjoiner between Lot No. 3 and
lands now or formerly (nfl) of Jacob R. l~mfinger;
thence, along said line of adjoiner N $0°59'42" E, a distance of 102.70' to a point on tho
line of ad joiner between Lot No. 3 and lands n/f of Rober~ Bmtz;
thence, alon8 said line ofadjoiner and along lands nIfofMargaret and Jacob Ulrick S
22024'47" E, a distance of 200.31' to an iron pin;
thence, N 81°05'0T' E, a distance of 298.94' to a point;
thence, S 22°51'00'' E, a distance of 217.05' to a point;
thcnce,.along said lands n/f of Conservative Bartist Church S 81°24'00'' W, a distance of
125.44' to an iron pin;
thence, along said line ofadjoiner S 22°51 '08" E, a diztanc,~ of 349.95' to an iron pin;
thence, along said line of adjoiner N 81a24' E a distanc~ of 125.44' to an iron pin on
western end of Linden Street;
thence, along aa. id western end of Linden Street S 16°15'43" E, a di~tan~ of 48.34' to an
iron pin on lands n/f of Helen B. H¢isey;
thence, along aald lands S 22053'35.. E a distance of 152.38' to an iron pln at lay. da n/f of
Donald E. Shutt; · '
thence, along said lands n/f of Shutt and lands n/f of Robcxt Bra'S 73°44'35''. W a
distanc~ of 179.42' to an iron pin;
thence, along said lands ofBretz S 17°35'35" E a distance o£ 182~03' to a point oit rig ·
northern I'.me offEot No. 2; ' i .'
72°27'2-
theace, S 17°32'33 g a diatan~ of 208..0.0' to a po~t; , '
thence, byacu~etothelc~;~ara~usof10'for~0~t~157[.;toaooln~/'. · . .
on tho no.em Hn~ o~Pe~ly~a ~ou~ 944, ~o~ ~ W~lla R~d.. ',:.. '. ' ,~"~' '"" ' '
then~,S72 2727 Wad~l~of79.04 toapomtfi~ep~.'O~gO~O, ,'..'- .,.'.'..-'~ .
.. · : .. ):%.. ,. :.: ..,~"',~:: : . .: .
BErG ~t No. 3 ' ' ' "' ,. ·
WERTZVILLE ROAD R/W CONVEYANCE
All that certain tract of land situate in East Peansboro Tova~ship, Cumberland County,
Pe,msylvanla, more particularly bounded and described as follows:
BEGINNING at a point along file existing northern fight ofway line of Pcunsylvania
Route 944, also known as Weazville Road, said point b~ing located at the south~stem
comer of lands now or formerl); of Erie Shore Enterprises, Ino. thence along said lands by
a curve to tile left laving a radius or 10.00 and an are length of' 15.7 I' 1o a point; thence,
by same N 17032'33'' W a distance of'5.14' to a point on the r~quired northern right-of-
way lille of Wertzville Road; thence, by said risht-of'-way line N 72°26'17" E a distance of
59.04' to a point at lands nov/or formerly of Uni-Marts, Inc.; thence, along lands of Unl-
Marts, Inc. S 17°32'33'' E a distance of 5.16' to a point; thence, by same by a curve to the
lelt laving a radius of 10.00, and an are lensth of 15.71' to a point on tile northern right-
or-way line orWertzville Road;'thencc, by said right-of-way llne S 72~27'2T' W a
distance of 79.04' to a point, tile place of'BEGINNING.
Containing: 938 sq. fi. (0.02 acres)
CONVEYANCE TO RS &R
All that certain tract of land situate in East Pennsboro Township, Cumberland County;
Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on tile eastern rlght-of'-way of'Salt Road Reallgnmo. at, said polar
being on the centerlin~ of'an existing 20' sanitary sewer easement;' thence, along said
sewer ceatezline N 17° 15'30" W a distance of 70.96' to a poini; theace,,.by same N ·
04o10'00" E a distance of 130.24' to a point; tltence, along lands now or formerly of Wast
Shore First Assembly of'God S 67°54'41'' W a distance of 116.45' to a point'on the
eastomt'i~L-~~Koad_ReallmUnen~; thence, along said rlght-of~wa¥ line S
22°05, 19" E a distance of 113.65' to a point; thence, by same N 67°$4'4 I" IZ a distance
of 5.00' to a point; thence, by santo S :22005' 19" E a distanc~ of 113.65' to a point;
thence., by same N 67°54'41'' E a distance of 47.86' to a point, the place of BEGINNING.
Containing: 13,618 sq. fi. (0.31 acres)
EXJJIIWr B
(~WNEIU$ WORK
Executed with Lease dated f~'~~ q~'' ~",~' 1998, between Wilfiam F. Rothman,
Charles F. Schubert & Samuel L. Reed, Co-Partners, t/d/b/a Rothman, Schubert & Reed, a Pennsylvania
General Partnership, as Owner and ebons :50 , as Tenant.
Owner agrees, at its expense, to deliver the Leased Premises to Tenant with the following work set
forth below. Owner has oot agreed to perform any other work in the premises, and all other work necessary
to complete the Leased Premises shall be done at Tenant's sole cost and expense.
Owner shall provided Tenant with a "pure vanilla box" which shall include the following
work/construction to the Leased Premises:
1. Four (4) walls, W' dry-walled and primed.
2. 2x4 grid ceiling with Iluorescent lighting through out.
3. lIVAC--heated and cooled with roof top units, gas fired beat, and electric cooling.
Cooling based on one (I) ton per 350 square feet..
4. One (I) bathroom (unisex) with slandard plumbing in compliance with ADA.
5. One (1) hot water beater for bathroom only.
6. 200 amp electrical service with miscellaneous receptacles through out as required by
Code.
7. Concrete Ilooring, 4" thick, 3000 psi.
8. Glass fi-ont, all windows and maintenance doors to be aluminum as maouhctured by
Kawaneer or equivalent.
9. Water, sewer aod gas Io be supplied at rear of property.
Tenant shall be responsible for build-out, floor covering, additional l'dumbing and additional hot
water beater to service the Leased Premises and such other work necessary to complete the Leased Premises
all at Tenant's sole cost and expeose and not without Owoer's approval.
17. Not conduct, pem~it or suffer any pnblic or private auction sale to be conducted on or from the Leased
.... common areas of the Shopping center or distribute hand bills or other
18. . No! sohc~t business m the ...... .._..:~:~., i~ volated Te ~ant shall pay Owner the cost ofcollectiug
same from the common areas for trash disposal.
19. Automobiles belonging to Tenant, its employees and invitees, sball be parked only in tile areas that
may be designated by Owner, subject to the provisions of this Lease.
20. Doors in the Leased Premises shall not be covered or obstructed by Tenant.
other lumbi ~' shall be used for no other purpose than those for which they were
21. Water closets and P . ~ .' ~ .4 n,~t~'rial~ sba I be thrown therein. It is recognized
intended and no sweepings, rubbish, rags, or ~mproper articles an ...........
by the parties that chemicals, paints and thinners are especially injurious to the funcnoning of tbe property's sewage
disposal system and, without limitation, shall uot be disposed ofiu snch sewage system.
22. No signs, advertisements or notices of auy kind shall be painted or affixed to any part of the outside
of the Leased Premises witbout the prior written permission of Owner.
23. No person of disorderly character will be allowed to fl'equent or remain on or about tbe Leased
Premises.
· ic or rivate, s ~all be created or permitted in the dena sed premises aod the Leased
24. No nmsance publ P ........ ~,,,,,,-¢ ,~ ther tenants of the
Premises shall be conoucteu so a~ tu ~
Owner. It is recognized tl~at the Leased Premises are part of a Shopping Center in wbicb numerous tenants are located
and that absolute supervision of the use of the Leased Premises is necessary in order to officially maintain and operate
an entire Shopping Center, and the parties therefore agree that tbe Owner sball have the exclusive and sole right of
determining as to what constitutes a nuisances and that its determination shall be binding and absolute.
25. Upoo tem~ination of the Lease, doors and windows of the building shall be left securely fastened and
tile keys to the leased premises shall be delivered to file Owner.
· ' , in and revent on apparatus shall be adequate and sufficient and shall be kept in
proper ' ' ' ' '
,vo2~ing cg~tton~Sa~eacficg2:~,~gle atal~ tm,es sous to co,from, to all apphcable aws, ordinances and regulations
IN WITNESS WHEREOF, the parties set forth theirs bands this ~ day of~, 1998.
WITNESS:
ATTEST:
OWNER:
Rothman, Schubert & Reed, a Pennsylvania
General Partnership
Samuel L. Reed, Attorney-in-Fact pursuant to Power
o f Attorney dated August 2 l, 1996, and recorded in
Misc. Book 528, Page 480.
TENAN~T: . x~) 5
.(SEAL)
E×I-II BIT I)
~tJ'ARANT¥ OF
In consideration of the making of the above Lease dated ,/'~' - ~ , 1998,
by the Tenant with the Owner at the request of the undersigned, and in reliance of the Guaranty, the
undersigned hereby unconditionally and irrevocably guarantees the payment of the rent to be paid by the
Tenant and the performance by the Tenant of all the terms, conditions, covenants and agreements of the Lease
and its Exhibits, and the undersigned promises to pay all of the Owner's expenses, including reasonable
attorney's fees, incurred by the Owner in enforcing this Guaranty. The Owner's consent to any assignment
or assignments, and successive assignments by the Tenant and Tenant's assigns, of this Lease, made either
with or without notice to the undersigned, or a changed or different use of the Leased Premises, or Owner's
forbearance delay, extensions of time or any other reason whether similar to or different from the foregoing,
shall in no way or manner release the undersigned from liability as Guarantor. Where the undersigned include
more than one party, the obligation of each such party hereunder will be joiot and several. It will not be
necessary for Owner to proceed first against Tenant in invoking any of Owner's lease remedies before
proceeding to enforce this Guaranty of Lease.
WITNESS the hand and seal of the undersigned at the date of the above Lease.
WITNESS:
GUARANTOR(S):_
CHONG SO
717-975-5598
4414 Royal Oak Rd
Camp Hill Pa 17011-4144
52z~
60-1273/313 0
sc-14264 6 5 0
CHONGSOOK SO 313
SUPERIOR CLEANERS 3619512163
838 US ROUTE 15 NORTH
DILLSBURG, PA 17019 O^T~
EXHIBIT "B"
THEODORE A. ADLER +
DAVID W. REAGER
LINUS E, FENICLE
DEBRA DENISON CANTOR
Wdter's E-Mail Address: sconfair~epix.net
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANfA 17011-4642
717-763-1383
TELEFAX 717-730-7366
WEBSITE: ReagerAdlerPC.com
via Certified and First Cla~,n Mail
Mr. Chong So
Superior/Enola Cleaners
322 East Penn Drive
Enola, PA 17025
September 18, 2001
THOMAS O. WILLIAMS
SUSAN H. CONFAIR
PETER L. LEONE
+ Certified Civil Trial Spedalist
via Certified and First Cla~qs Mail
Nix. Chong So
4414 Royal Oak Rd.
Camp Hill, PA 17011
Dear Mr. So:
NOTICE OF DEFAULT
Pennsboro Commons Shopping Center
This firm represents your Landlord, Rothman, Schubert & Reed. It has been brought to our
attention that you are in default under the terms of your Lease Agreement as there are outstanding rental
payments, late charges and sewer charge owed to your Landlord as follows:
1. Rent for August, 2001 ...................... $300.00
2. Late charge for August 2001 .............. 100.00
3. Unpaid Sewer charge ............................ 54.45
4. Rent for September, 2001 ................ 1,735.00
5. Late charge for September, 2001..i.....100.00
6. Less: Payment 9/5/01, check #564....<835.00>
TOTAL OWED: ............................. $1,545,45
Please make the payment of the sum of $1,454.45 to Rothman, Schubert & Reed within seven
(7) days from your receipt of this letter. This is your notice that you are in default under the terms of the
Lease Agreement.
Please contact me if you have any questions regarding these matter.
Very tr~o~s,
Susan H. Confair
SHC/crt
cc: Samuel L. Reed, Rothman, Schubert & Reed
VERIFICATION
I, Charles F. Schubert, state that I am a partner of Rothman, Schubert & Reed, a
Pennsylvania General Partnership and I am authorized to make this verification. I do hereby
verify that the facts set forth in the foregoing document are true and correct to the best of my
knowledge, information, and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.
§4904, relating to unswom falsification to authorities.
DATED:
aries F. S~tSoff
£~£L-ggL (LLL)
N~"11¥ $A~N~O.LL¥
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
CIVIL DIVISION
Caption:
ROT//MAN, SCHubERT & REED,
General Partnership a Pennsylvania
PRAECIPE FOR WRIT OF EXECUTION
vs.
CHONG SO t/d/b/a SUPERIOR CLEANERs
PENNSYLVANIA
(x) C°nfessedJudgment
( ) Other
File No. ~
Amount Due $4____~9.45 ~
Interest
: A '
tty s Corem $418.94
TO THE PROTHONOTARY OF THE S^,,- - : Costs~~
,~u ~0 ·
accou :::::rs,gnedherebycert,f, ..... URT.
--vu on a confessio . ,=s [nat the below d ·
pursuant to Act 7 of 1966 oo ~.--°flt~dg.merit, but if it do o~s;~ot anse out of a re ' · -
~o ~mende~; and ,r rea, ~r~:',:t,,'~ased on the appr~lr;~;:al'~n, Sale, contract, or
. ~ ~"Y pursuant to Act 6 ~n~. original proceedin '1
for debt, interest and cOsts, Upon the following described proper of .~ as amended g fl ed
Print Name:
Address:
PRAECIPE FOR ATTACHMENT EXECUTION
issue writ of attachment to the Sheriff of
costs, as above, directin
estate, su,.,-,- * g attachment -- ·
~H~y SIX copies ,~ ,~._ _, '=~amst the abn~,~ ,-. .
"' "'~ aescrin,~,.~. '/.'~,_'~.~'uve-named
---.________________ ~" "., SUpply four COnies ,./,"_.hi,nee(s) for the f~i..',~,~_u_eot' interest and
r- "' ~ungthy personalty list) ,~..,.g property ('if real
as a lis
Date ~
Signature:
~ltams
Attorney for:
Telephone:
~383
Supreme Court ID No.: 6 7_7_~9_98 ?
(Over)
· u ply six copies o! description including improvements and
Notes: it real property, s P~,P~ ~aR.C.P. No. 3129).
affidavit o~ ownerS~t,~ ~-
If lengthy personalty list, supPlY ~our copies of list.
To index writ, fi~e separate praecipe with writ.
an original and copy of
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAEClPE FOR WRIT OF EXECUTION
Caption:
ROTHMAN, SCHUBERT & REED, a Pennsylvania
General Partnership
vS.
CHONG SO t/d/b/a SUPERIOR CLEANERS
(x) Confessed Judgment
( ) Other
File No. 01-6337 civil
Amount Due $4,189.45
Interest
Atty's Comm $418.94
Costs(to be added)
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 1966 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
for debt, interest and costs, upon the following described property of the defendant(s)
Any and all personal Drooertv located at 322 E~st Penn Dr~ve_. F. nnla~ PA
17025
County,
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of 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)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
Date
(Indicate) Index this writ against the garnishee(s) as a lis pendens aQa~ns_t real estate oJ the
defendant(s) described in the attached exhibit.
November 7, 2001 Signature:
Print Name: Thomas O. Williams, Esquire
Reager & Adler, PC
Address: 2331 Market SCree~
Camp Hill, PA 17011
Attorney for: Plaintiff
Telephone: (717) 763-1383
Supreme Court ID No.: 67987
(over)
Notes:
If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
ROTHMAN, SCHUBERT & REED,
a Pennsylvania General Partnership,
Plaintiff
CHONG SO t/d/b/a SUPERIOR
LEANERs,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: ,337
CIVIL ACTION - LAW
PETITION TO STRIKE JUDGMENT
REQUEST FOR PROMPT HEARING
I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to
notice and heating prior to the entry ofjudgment. I petition the Court to strike the judgment on
this ground and request a prompt hearing on this issue.
I verify that the statements made in this Request for Heating are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904
relating to unsworn falsification to authorities.
Notice of the hearing should be given to me at:
Chong So t/d/b/a Superior Cleaners
322 East Penn Drive
Enola, PA 17025
and
Chong So
4414 Royal Oak Road
Camp Hill, PA 17011-4414
Dated: ]2../0~>- /0~.
, Defendant
WRIT OF ON and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO.
01-6337 CIVIL
CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland.
TO satisfy the debt, interest and costs due
COUNTY:
Rothman, Schubert & Reed, a Pennsylvania General
Partnership
from Chong So t/d/b/a Superior Cleaners
PLAINTIFF(S)
322 East Penn Drive
Enola, PA 17025 DEFENDANT(S)
(1) You are directedtolevy uponthe property otlhe defendant(s) andto sell Any and all personal
prnp~r~y lo~ated at 322 East Penn Drive, Enola, PA 17025 and 4414 Royal Oak Road,
___. C~£3 ~11: PA 17011-4414
(2) You are also directedto attachthe prope~yofthedefendant(s) notlevieduponinthepossess~nof~
Wa_vooint Bank, 401 Enola Road, Enola, PA 17025
Any and all accounts or safe deposit box(es) in the naneof Chong So and/or
Chong So t/d/b/a Superior Cleaners
GARNISHEE(S) as follows:
and lo notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any properly of the defendant(s) or othemvise disposing
thereof;
(3) If properly of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
Ihan a named garnishee, you are directed to notify him/her that he/she has been added as agamishee and is enjoined as above
stated.
Amount Due
Interest
Atty's Corem
at~y Paici _
Plaintiff Paid
$4,189.45 L.L. $.50
Due Pmthy $1.00 '
$418.94 % Other Costs
$32.50
Curtis R. Long
Date: November 7, 2001
REQUESTING PARTY:
Thomas O. Williams, Esq.
Name
Address:
Attorney for: _
Telephone:
D~r ~ Adler. P.C.
2331 M~k~ Street
Camp ~(ll: PA 17011
P!a~ntiff
(717) 763-1383
by:
Supreme Court ID No. 67987
Prothonotary, Civil Division
Deputy
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED., AS PER ATTORNEY.
Sheriff's Costs: :
Docketing $ 18.00
Poundage 2.17
Advertising
Law Library .50
Prothonotary 1.00
Mileage 20.15
Misc.
Surcharge 20. 00
Levy 40.00
Post Pone Sale
Garnishee 9.00
110.82
Advance Costs:
Sheriff's Costs:
Refunded to Att2? on
110.82
1~../~
1/2/02
Sworn and Subscribed to before me
this i~ day of ~
!
proqhr~notary
So Answers;
R. Thomas Kline, Sheriff
ROTHMAN, SCHUBERT & REED,
a Pennsylvania General Partnership,
Plaintiff
CHONG SO t/d/b/a SUPERIOR
CLEANERS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No.: 01-6337 Civil
: CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned lawsuit as settled and discontinued with prejudice and
judgment satisfied.
Date: January 25, 2002
Respectfully submitted,
Attomey I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this 25th day of January, 2002, I hereby verify that I have caused a tree and
correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and
addressed as follows:
Thomas D. Gould, Esquire
2 E. Main Street
Shiremanstown, pA 17011