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Home My WebLink About09-0335 LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. AMERICAN MULTI-CINEMA, INC., Defendant NO. a9' 335 0i Vi I -PV?K CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 6 % LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., Plaintiff V. AMERICAN MULTI-CINEMA, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA e :NO. 011- 33Y CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Hampden Center, Inc., by and through its undersigned counsel, and in support of its Complaint avers the following: 1. Hampden Center, Inc. is a Pennsylvania corporation with an address of 444 Park Avenue South, Suite 302, New York, New York ("Hampden Center") 2. Plaintiff is the owner of real property known as Hampden Center Shopping Center, located at 4900 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, American Multi-Cinema, Inc., is a Missouri corporation with headquarters at 920 Main Street, Kansas City, Missouri ("AMC"). 4. The Plaintiff and Defendant are successors in interest to a Lease entered into on or about July 31, 1986, between Sporting Hill Properties as Landlord and Budco Theaters, Inc. as Tenant for the property located within Hampden Center Shopping Center, and now known as 4902 Carlisle Pike, Mechanicsburg, Pennsylvania ("Premises"). A true and correct copy of the Lease is incorporated herein and attached hereto as Exhibit "A". 5. Plaintiff Hampden Center, Inc. is successor in interest to Sporting Hill Properties as Landlord of the Premises. 6. Defendant AMC is the successor in interest as Tenant to Budco Theaters, Inc., through merger of Budco Theaters, Inc. with AMC Philadelphia, Inc., which was subsequently merged into Defendant AMC. 7. The initial term of the Lease was for twenty (20) years, and Tenant had an option for two (2) additional terms of ten (10) years each. 8. As of July 31, 2008, AMC no longer occupies the Premises. COUNT I: BREACH OF CONTRACT 9. Paragraphs 1 through 8 are incorporated herein as if set forth at length. 10. The Lease, at Section 12(c), provides in relevant part that "Tenant shall make and pay ... for all necessary repairs and replacements for the heating plant, air- conditioning equipment and hot water system and Tenant shall keep such non-structural interior, heating plant, air-conditioning equipment and hot water system in good order and repair." See Exhibit A at Page 19. 11. After Defendant AMC vacated the premises, Plaintiff Hampden Center, Inc. discovered that Defendant had breached its contract by failing to maintain or replace the heating plant, air-conditioning equipment (individually or collectively "HVAC system") in good order and repair as required under the Lease. 12. It was discovered that eight (8) of the nine (9) HVAC units were the original equipment from Lease commencement of approximately July 31, 1988, notwithstanding Defendant AMC's obligation under the Lease to replace or repair the units as necessary. 13. It is believed and therefore averred that Defendant AMC failed to maintain the HVAC system in good order and repair by inter alia: a) allowing components to rust and thereby either causing these components to fail or causing their imminent failure; b) permitting components to become missing; c) failing to properly repair gas piping despite evidence of prior gas leaks; d) allowing refrigeration units to wear out without replacement or proper maintenance; e) failing to maintain levels of freon required to keep units properly operating; 3 f) bypassing system controls which allowed units to "function" in an unsafe manner; and g) allowing the units to fall in such disrepair that replacement may be the only means by which the system can be restored to good order and repair as required under the Lease. 14. On or about November 26, 2008, Hampden Center, Inc., through its counsel, served formal notice on Defendant AMC that AMC is in default of the Lease for failing to maintain the HVAC system in good order and repair. A true and correct copy of correspondence dated November 26, 2008, is incorporated herein and attached hereto as Exhibit "B". 15. The November 26, 2008, correspondence demanded that Defendant AMC diligently proceed with the repair and/or replacement of the HVAC system as it is obligated to do so under the Lease. 16. Despite demand, Defendant AMC has failed to restore the HVAC system to good order and repair. 17. Despite demand, Defendant AMC has failed to commence restoration of the HVAC system to good order and repair as it is required to do under the Lease. 18. Despite demand, Defendant AMC has failed to take any steps with regard to the HVAC system despite its obligations under the Lease. 19. Defendant AMC's failure constitutes a breach of its Lease. 4 WHEREFORE, Plaintiff, Hampden Center, Inc., respectfully requests this Honorable Court enter judgment on its behalf and award damages in excess of $250,000 together with costs, fees, attorney's fees, and interest, and whatever other such remedy the Court deems just. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC Date: C I Step Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff 5 a VERIFICATION I, David F. Lavipour, Vice President for Hampden Center, Inc., being authorized to do so, verify that,the statements 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 the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: J G„?v o,,1 2Z2 1-,o HAMPDEN CENTER, INC. By: ("-- Vice Presiden EXHIBIT "A" LEASE' AC REEMEN`I' _ AGREEMENT made this - day of July, 1986, b a_6T fietwe n SPURTING HILL PROPERTIES a Pennsylvania _Limi.ted Partnerslri 510 South Burnt Mill Road, Voorhees,:-New Jersey 0'-- 04 3 -: er-i.na'ft r-= h _7 called "I+ANDLORD„ - THEATRES,--IN } and BUDCO "- C . , a corpora.t on =orqa n i ed and existing under the laws-=of -the Commonwealth of l?erinsylvattia,_._ 623 Shady Retreat Road P. p. Box 389, - t? Doylestown, Pennsylvania - 18901 (hereinafter called-"Tenant"). - W I 'Z, N..E S.-S E .T H: For and in consideration Of-the--rents Herein reservedand - the covenants and agreements herein contained,' arm- intendi-n_ be legally bound hereb - ,? ? -- - 9 by, Landlord.: and Tenant heret,y agree as - - follows: I. Premises. (a) Demise. Landlord does hereby let, lease and demise unto Tenant and-Tenant does lease and.--ta ke from - - Landlord, - - ____ or the term and upon the terms and conditions hereinafter set forth: ALL THAT CERTAIN parcel of land consistin of not more than approximately Thirt Two T n")7'`?' Y- housand (-32,n0-0- ) square feet, together Jjb/3 with thy, :••' __ __ _atre building, signs and other improveim•nts, -now orheccafter to be thereon erected by the Landlord pursuant to 5ecti6n-S of-'-- this this Lease, located at the intersection of Sporting Hill Road- and Car-lisle Pil.,.-2, Hampden Township, Cumberland Townsh i::. Pennsya var;.i.a , as more fully de:;cribr't1 as p17(,m1sc ,S c)Utlined in recd cart--the p1a-rF- to be attached hereto as Exhibit "A" and made a hart hereof -_- r w,t - '' r . F ' y- ("Demised Premises"). The Demised Premises are part of a pro- posed integrated commercial development of Landlord's tract of land, as shown on Exhibit "A", consisting of parking areas, retail stores,--offices and the Demised Premises ("Shopping Center"), TOGETHER-WITH the right or easement to maintain and replace --.pylon theatre attraction and direction signs upon the portion of-- e-'42e s "'' 6. ' • the Shopping Center Premises or on lands-near - - to the=Shopping_Center provided, however, that with respect to the latter, such - offsite locations-are available, -and marquee-$ d-/or attraction signs projecting from the---sides or • - - roof of the building to be constructed on the Demised Premises; All more particularly described on Exhibit "A" as the "Sign _Areas"- - - such--si, s to be of h design and construction as - I 4V (and at Te +ssol? We E and expense except that pyloni signing expense will be specified=by Tenant/provided the same shall be in compliance shared-by_Tenants using same) with all laws, ordinances of the applicable state, county or municipality. All signing shall also be subject to Landlord's approval which shall not.=-be_..unreasonably refused. TOGETHER WITH parking rights and privileges to Tenant, its patrons,_deliverymen, concessionaires, employees and invitees in the parking areas and rights of access, ingress, egress and passage in, from and over driveways, passageways, entrances and exits as now or hereafter laid out and provided in, to, over, through and from any portion of the lands upon which Demised Premises are a part or adjacent thereto, all more particularly to the extent that Landlord should fail to perform or rovide t e followin , : M-1 described in Exhibit "A" as the "Parking Areas',, and the rig t or easement to install, renew, repair, replace, operate, service, and maintain under, across and through the said Parking Areas, in areas specifically designated by Landlord, driveways-, passageways7-entrances, and exits, underground pipes, -2- fif???s.,.n. ,.,, r ..,..., - R'nvar_ ",, i e . conduits, lines and pertinent equipment as facilities for the transmission of water, sewage, electricity, telephone and any other power, communications, fuel or other utility or service including the use and benefit of all rights and privileges related to parking, ingress and egress, roads, driveways and passageways, water, utility and sewage lines and all other easements in common with the patrons of all adjoining lands owned by Landlord, as well as -all other easements which the Landlord has or will secure from - Zen any person or corporation having any interest in any land or property adjacent to the property herein demised to the extent that _ Landlord is able to convey an interest therein to the Tenant. TOGETHER WITH all easements, rights, appurtenances in cbnnection therewith or now or hereafter belonging, appertaining . or beneficial to the Demised Premises, including but not limited -to those specifically mentioned in this Lease. (b) Approval of Plot Plan. Within thirty (30) days from the date of this. Lease, Landlord shall submit a plot plan of the Shopping Center to Tenant for Tenant's written approval. No work shall be commenced without such written approval. If Tenant in its sole discretion disapproves of said plot plan for any reason, including, without limitation, location and configuration of the theatre building or the Parking Area, then Landlord and Tenant shall negotiate to try and satisfy Tenant's concerns but if the disapproval is not withdrawn within fourteen (14) days after the initial disapproval, then Tenant shall have the right to terminate this Lease. If the Lease is terminated, Landlord and Tenant shall have no obligations to each other. Failure of -- Tenant to disapprove the plot plan within twenty-one (21) days -3- . !?*.?,?' .??"??z?±DC_,._I?.,+y?i?•?3.f.7??"5?8,"?7t'.Ci ?i tl'-i`r!Fl'P+f¢as'x-'F.iii'!Tkh,7.?'1#?4:_c_?"aX193y..'.. .... after receipt thereof shall be deemed approval 2. (a) Initial Term. The term. of t-his Lean X13-all a Qm - _ mence on the date of the opening of the heTtre.. ? ? a ?oMS?a;-t71-on o.r? = sixty (60) days after the Landlord's arcfrv tecraag Lttja=_tpt Landlord has substantially completed the eflnstr fan-of,th - - building in accordance with the Plans and s e-ci.fi - P t_fons:i_z which ever date is earlier ("Commencement Date" - hand a11= t$.rwinate unless sooner terminated or extended as hereinafterzprovided) twenty (20) - ? ?._? years from and after the Commend gm6Jnt"1?a f r the Commencement Date, - promptly upon request o e? tamer p$r_ty_,- _: the parties shall enter-into-'a supplemental-_agreem6-h- ,--nomrecord- able form, specifying -` _ - such Commencement-Date ?71EHir?orr- date of the term of this Lease and the eriodw T nth respect to which the Tenant shall have an option-to extend-thts`tetm Tenant shall have the ri ht --t its own risk 9 , prior to the Commencement-Date/_to-install-- such equipment as may be necessary for the--op&7rat ?n=?f the -_- Premises. Commencing with the date that Tenant-.ente-s--upon the- Premises to install such equipment, Tenant shall, Pa directl Y y _ all charges for utilities for the Demised Premises_as -and when-. the charges become due. - (b) Additional Terms. Landlord does.-.-.hereby grant to Tenant the right, privilege and option to extend--the-initial--term hereof for two additional terms of ten (10) years each under the same terms and conditions. Tenant shall_exercise-each such option not later than 180 days prior to the expiration-of the then current initial term or the first additional term as the case -4- y' . may be by giving Landlord written notice of the exercise of the option to extend. 3. Title. The Landlord warrants, represents and covenants that: (a) Landlord is the owner of and has fidesimple title to the Shopping Center, Demised Premises.,-and .-adjacent Parking- .. Areas and Sign Areas, the same are free of:- alll iens, encumbrances and easements other than Tenant's leasehold-- interest-therein or as otherwise specifically permitted in this .Lease,- and Tenant's -_ at Tenant's-expense- leasehold estate will be so insurable at ordinary rates/by --a - local title _ company, as selected by Tenant. _.. (b) Landlord has the full-right and lawful-.authority to execute this Lease for the term, in the-manner and'--upon the conditions and provisions herein contained with respect to the = Shopping Center, Demised Premises,. the--Parking Areas, marquee, ---- signs and other easements and other rights contained herein, and- that there is no zoning, other ordinance, condition, covenant, restriction or other legal impediment to the construction of the improvements on the Demised Premises and their use as a motion picture theatre or to the granting of the easements and other rights herein provided and the use of the Parking Areas, access roads, passageways and other common areas and facilities for the purposes herein granted. (c) At no time during the term of this Lease or any extension or renewal thereof, shall Landlord permit any easement, agreement, deed or lease which will in any way impede or restrict the-use of the Demised Premises or--Tenant's use of the Parking 5 - - '-: . ,. ,.• ...-.S?} ,'.YE?•.T*,4«? +x k,lu';?.?t44"?3,:?"Pi?C??'a'4# a •w.wa?t.?a<.?.t.? .:,c..,?i'S".5Y%VAe's:?'?^.3?rnMV.. f'+ie?bd:wxsns?ha?.m?.s.a?varw.u?..n .•.• Areas, access roads, Sign Areas, passageways and other common areas and facilities for the purposes herein granted. - -- (d) If at any time Landlord's title or right to receive = rent hereunder is disputed, or if there is a change of ownership of Landlord's estate by act of the parties or by operation of - law, Tenant may withhold rent thereafter accruing until Tenant is is furnished proof, e.a.a.wt., as to the person entitled to receive rent. - 44. Parking and Access; Reciprocal Parking Rights (a) Landlord covenants and agrees that throughout the t.erm_of this Lease including any extensions or renewals thereof, it shall maintain all Parking Areas, roadways inbluding sidew adjacent to and along the theatre building, drimeways, access roads, facilities and improvements adjacent to the Demised Pri 4 _ substantially in accordance the configuration set forth on Exl --- "A", and that at all times, there shall be maintained suffici( Parking Area which shall be not less thanl150 parking places. • (b) The Parking Areas shall be used for no other pu ? ` and shall be maintained and repaired by Landlord in good order ' condition and repair which shall include, without limitation thereto, the maintenance, repair and striping of surface paving/andwalke curbs and keeping the Parking Areas and roadways properly drained, r reasonably free of snow and ice, in a clean, safe and sanitary i.? condition and adequately lighted at all times the Demised Premises (i are open for business and for one-half hour after the conclusion * provided however that Landlord reserves the right to alter the parking areas and the o r common facilities provided that the access and/or visability of the demised it premises are not affected and provided that there is no material change in the _ number of car parking servicing the demises premises as shown on Exhibit A hereof. -6- y ..'r r y.:,. of the last motion picture exhibition each day ("Common Area Maintenance"). The Landlord shall also provide liability insurance and maintain the utilities, fixtures, and equipment serving the Common Areas, provide security--*.- - (c) After the Commencement Date-,- Tenant shall-:.pay, as additional rent, a proportionate share of the current Common Expenses aforementioned Area/-M$-' based upon the ratio that the square foot _area of the theatre building bears to the square foot area of all leasable commercial buildings (or buildings used by the -Landlord)_ located in the Shopping Center Premises (as such areas may change from time -to- time) but in no - - ,its proportionate share event to exceed -----Qof - all such net direct out-of.-pocket -- - - expenditures-actually incurred, within 30 days-aftefr receipt of.._ - statements from Landlord for such expenditures ,___accompanied by a detailed.breakdown of such charges suffici-dnt to permit- _ --- Tenant to verify same, which invoice shall--be 6andered quarterly.** (d) Landlord hereby relieves Tenant.-from any-and all liability for all injury, loss, claims, or damage 'to-any person or property while on or about the Parking Area and` the roads,-- walks,-ways and approaches about same, unless caused by the negligence of Tenant, its agents, servants or employees. Land- lord will at all times during the term of this Lease with respect to the Parking Area maintain public liability insurance in the sum of $5,000,000.00 combined single limit, insuring Tenant as well as Landlord. (e) Landlord represents that it is Owner of the Shopping Center Premises shown on Exhibit A. If Landlord develops any of such property, Landlord shall grant to Tenant and the other tenants of the Shopping Center, their successors, assigns, tenants, * therefor and maintain thq landscaping thereon. Common Areas being all areas within the Shopping Center except the building areas. -7- '.n.. )-N.. #, v/ •.-a ?'•• - .a ? YH?S?+I.?.y?`?'?.??°.k,'_'.-.tntuuiiR?51.??.?, ....?... l ? 'il-J f)t.!'il?111t`i (lyf' 1'1}1 del iverylllen, Conce`.i`.i lona l res, einpioyc(,-s and invitees P"rk, i11y rights and privileges for their common use and benefit. in the Parking Area and in the parking areas and rights of acc-ess,_ ngress, egress and passage in, from and over driveways, passageways,_ entrances and exits as now or hereafter laid out and provided in-, to, over, through and from all or any portion of adjoining properties; provided, however, that the rights and privileges created hereby shall not in any manner affect or alter Landlord's obligation to maintain sufficient Parking Areas in the Shopping, Center which shall contain not less than 800 -- rkin --- P.a g spaces shown on Exhibit "A" attached hereto. - (f-) The foregoing covenants shall constitute covenants _ runnin g.with the land and shall be binding upon Ua ndlord, its assigns, including mortgagees and all successors. -1 5. 1m rovement of the Demised Premises; Construction of eui- ldinq• (a) Landlord agrees to construct at Landlord's sole cost, a fully heated and air conditioned detached theatre .building, including theatre attraction, roof, and direction signs*, described in Section 1 above and marquee attached to the theatre building, containing approximately Thirty Two Thousand (32,000) square feet on that portion of the Demised Premises described in Exhibit "A", on which Landlord will construct eight auditoriums with sound proof walls for exhibition of feature motion pictures, including but not limited to lobby, restrooms and storage areas, said theatre building to be guilt substantially in accordance with the current plans and speciIications designed and prepared * -8- all =j(plino not affix(_.(] to premise- but located r-lsowhor(, in ths., `.ih(,ppln(j Cellt(?l- i`1[l.l..l., 1.t 1 urilllttl'O fly local ord1nallce`i, ()„ lll-- ,l;al li?rl ,aL ,VnII [It's ( x1)0lis , .. u.?4Sl?'3rd.'?F,+t%.?..?,.v:...•,c?..,tr. by Tenant or its architect and to include vinyl wall covering in the lobby. It is the intent of the parties that construction-of the theatre building and improvements will be "turn-ke _ Y" con- struction by the Landlord, and the building, as-constructed-by..-_ the Landlord, shall be complete and ready-for the opening-for will business but _ -Rg?} not contain seats screens,-.sound equipment and similar theatrical - paraphernalia, as-same will be -supplied.- and installed by Tenant ("Tenant's Work"). Said building shall- contain, however, all-storm and sanitary sewer .connections and- `; =- all electrical , plumbing, heating,- and .-air conditioning --systems.. The building shall be constructed in a good--.and-workmanlike - manner,-utilizing new materials-and generally bebogn-ized=-con- struction methods. b) Landlord agrees to _ proceed-with- the construction of said Building and Improvements including-- the :Parking Area with reasonable-promptness and to prosecute the sane diligently to completion within six months after approval of the plot plan as set forth in Section 1(b) above and submission of Tenant's plans and specifications as set forth in section 5(a) above, which Tenant shall submit within 45 days after approval of Plat Plan. Time is of the essence of this Lease Agreement. The term of said lease shall be extended for such additional time as may be equal to the time lost by the Landlord by reason of strikes, govenmental restrictions and limitations, war or other national emergency, fire or other casualty, or any other cause beyond the reasonable control of Landlord. (c) The completion date of work to be performed by Landlord's - pursuant to paragraph Landlord shall be established by ?s- architect /aFle--sha1?-ee-- 2(a) hereof. -9- ,,... R-4tte a r e e?i.i-fie + L L l i y C L Z71 L , L the 1 V ?- `-ST{QZ t. L l.. 1 t-e--tie--pew€o'?mFad b'y=--t-he-Laz,a-;.-or-d--#?a-s---'bee-n-eera•p?e?ed'-?---aesn Cd) .Tenant shall have the right to contract with con- tractors of Tenant's selection for the installation of the items being furnished by Tenant, but shall not unduly interfere with - the progress-of-the Landlord or its builders in the construction of the building.- During said period when Tenant's contractors -- are--working irf_the building, Tenant shall maintain a policy or policies of public liability and property damage insurance which will also include Landlord as an insured party U n amounts deemed - sufficient by Tenant, but in any event not less than $5,000,000.00 combined sin-gie limit as to bodily injury and $100,000.00 as to property damage, with the Tenant to give Landlord certificates of all insurance policies provided for herein. (e) Upon Landlord's request, Tenant shall reasonably cooperate with Landlord in obtaining all necessary building permits and architectural approvals. (f) (1) If for any reason the Demised Premises are not ready for Tenant's Work on or before June 1 1987, then for a period of ninety (90) days Tenant shall have the option of cancelling and terminating this Lease by written notice to Landlord, and this Lease shall terminate with neither party being liable to the other in damages or other- wise. -10- I .a ,L,.r. _ _: ._.:4r x..:r.,.Y+z'?'i' iC mot' t .,,•a (%) If fc?t' tally I' - and Parking Areas-are not completed I_)y Landlord oll ol_' fa,.l.(WC1 August 1,-1987, then for a period of ninety (90) days Tenant havethe option of cancelling and terminating this Lease by written,__notice-to Landlord and Landlord shall be liable to -Tenantfor_all actual costs and direct expenses incurred by Tenant in connection with this Lease. (3) If Tenant does not elect to terminate this - L-ase,'__then this Lease shall be considered to continue in full force and effect. 6• (a)~-Minimum Rent. Tenant agrees and covenants to -Pay to-=Landlord; -or to such other persons or entities at such _ place -or places as Landlord may from time to tim"'., e designate in wri tin 9, an annual minimum f ixed rent in the surn of 't'hree Hundred - - Four Thousand Dollars ($304,000.00 * ) payable in advance in _equal monthly installments of $25,333.33 on the first day of each and every calendar month during the term of this Lease and -- any extension thereof. The first monthly rental payment shall . be-due and payable on the first day of the month following the Commencement Date. If the Commencement Date occurs during a calendar month, the rent from the Commencement Date to the first day of the following month shall be calculated on a daily rate and shall be due and payable with the first full monthly paymt2nt. The annual minimum fixed rent shall be increased at the c.rtd of the A -11- rental is based on $9.50 r,ct: sc?urtr'?r E?,t ad j tj ted jt r t?nti t.',?nt•.3 to f in?rl - t {? 1 tn•c .rntl .._.• a.x.?: - c? ti?.tt..w,??i,?`-,`.. .:w tai S'? t ?,, u{ ° r';! y^ -;+ TOW.- l?,t}t;,lt l t: j. in j?•.r ;• fi ,tt rn?( tl?? r'i .t(ti r att. -yi:;rr i11t_i?r V.A I ??I )I LhlIeilso (m t.lr?• .r .1.11111, nt?ty br, extended) by an amount - (??1u111 to 1_ i f: ty cant:; ($.50) per square foot -of = the [Demised Premises Her year over the annual minimum fixed rent payable during=the - SYe'ar period immediately preceding the interval for.which they increase is being established, such increased rent-to-be payable in equal monthly installments at the same time an-d >n theesame manner as herein provided for the payment of rent. (b) Additional Rent. I T n addition to the payment: oT the minimum rent, Tenant shall - ? -- pay to Landlord annually in_=t=he _ manner, uupon the conditions- --- - _..,. .. and at the. time"s hee.elna-f t er:. set ? -` forth, during the lease "term and any extensions hereof -` (a.n(luding.. -- an y period during which `tenant shall hold over of Eer t'ernritrataon_ of the lease term), additional rent in the amount. - r i - any by - which ten porcent (10%) of `T'enant's annual gross-admission_.receiis = exceeds tho annual minimum rent payable for- the c?er>od of t11e Lease term for which the annual sales are be .inq,reported . The term "annual" as used in this subsection shall be synonymous with 'T'enant's fiscal year. Additional rent shall be due and payable within 90 days following the end of each suclr fiscal year of Tenant. If Tenant's fiscal year does not coincide -1.2- . .,!Y: .}.fF'.l?r'.itln.'Y'?K?tqG.'!Y.'i1V.'C:SGISi•Mi?MMt.---___aa...?w. ?..??.?..._-_.. _? with the annual anniversary dates of the lease term, the amount of additional rent for the initial and terminal fractional years of the lease term shall be determined by prorating for said fractional year the additional rent for the fiscal year following _ the initial fractional year, in the first instance, and the last full year preceding the terminal fractional year in the last instance.- Such additional rents for the initial or terminal fractional years shall be payable within ninety (90) days of the _Close of the first or last full year of the lease term. Tenant - shall furnish-to Landlord within 45 days of the first three-month - period after-the Commencement Date, and likewise every three months thereafter during the term of this Lease, a statement of -gross receipts made on or from the Demised Premises during the preceding three months and shall submit an annual statement of gross admission receipts and additional rent at the time of payment of percentage rent. { Any information furnished to Landlord by Tenant pursuant to this Section shall be held in strict confidence by Landlord, except Landlord may disclose such information in connection with any litigation between the parties, as required by law or to the holder of any mortgage of the Demised Premises. The term "gross admission receipts" as used herein shall ! (subject to the exceptions and authorized deductions hereinafter set forth) mean the gross amount received only for all admissions '3• s- sold upon or from the Demised Premises, less any (i) federal, Wd s h county or municipal amusement taxes that maybe levied on--the -13- ._ ii d r_: - 'i.sry,.? ,? i .1 3 "! ?'Y ,._`4 .1' -ery al r? __ ,?. admission of patrons on sale of entry tickets, and less (ii) admission receipts for so called "four-wall pictures" - i.e., where tenant receives a fixed or flat rental fee for exhibiting - a motion picutre (but including the rent fee received by Tenant by reason of--such "four-wall" exhibition). In no event shall any other receipts of Tenant or its concesionaires or licensees, including but not limited to food and non-food sales, be included in gross admission receipts. Landlord may inspect Tenant's records of gross admission - ---receipts annually, provided such inspection shall be made at - Tenant's principal office during normal business hours within six-months.-after receipt of the annual statement of gross admission - - receipts and additional rent by Landlord, and further provided -that Landlord shall give not less than five business da s . - y prior - notice of such inspection and shall use all reasonable efforts to prevent its inspection from interfering with the conduct of Tenant's business. If the inspection shall disclose that the amount of gross -- admission receipts for the period covered by the annual statement -exceeds the amount of gross admission receipts reported for such period, Tenant shall promptly pay to Landlord any deficiency in additional rent, or if an overpayment is disclosed, Landlord shall promptly refund to Tenant the amount of such overpayment. Landlord shall provide Tenant with a copy of any report of any such inspection. If Landlord does not commence and complete an inspection within six months after receipt of the annual statement of gross admission receipts and additional rent, such statement -shall be conclusive for all purposes on the parties hereto, and -14- tome! . !•?..t.3fr}`.. _ f?.:? ::?t'r`S- 'tea.. `? x"1,2'' y- .f y r. ._.,_. ` there shall be no further right to inspect with respect to the period for which the statement complies. ` 7. Use. Tenant may use the Demised Premises for the ex- hib:ition of motion pictures, vaudeville, "legitimate", dramatic, operatic-,and-other theatrical and non-theatrical performances and -, exhibitions,-,closed-circuit television exhibitions including but _ not limited to those broadcast or televised to or from the theatres, or other similar use, or for any other lawful purpose. ? As aciincident to such primary use, tenant may use the Demised Premises for-vending of food and non-food items, alchoholic and p? pon-aichoholic beverages, confections, ice cream, soft drinks, juices, tobacco products, video-casettes, video-discs, products I associated with motion pictures then or to be eithibited, novelties or other items sold in theatres and places of amusement. 8. Real Estate Taxes. (a) Building and Improvements. After Commencement Date Tenant will pay all real estate taxes assessed on the building, im- taxes provements and the land thereunder of the Demised Premises/w hen on the same become due, said pa if such is obtainable, yment to be based/on a separate tax bill issued for that portion of the Shopping Center or a separate assessment being applicable solely to the building, improvements and land thereunder of the•Demised premises.- Landlord shall use its best efforts tak- to have the building, improvements and,land thereunder of the Demised Premises separately If the demised premises are not separately assessed, Tenant shall assessed? for real estate taxes/ share (as hereinafter defined) yoftthertaxeslona? the land and buildings included in such tax bill. Balance of Parkin Areas of Shoppinq Center.' After Commencement Date, Tenant agrees to pay a proportionate -15- * rental income therefrom, taxes which by law or ordinance are levied in . of real estate taxes or taxes levied on the use and occupancy of the premises, such taxes shall not include Landlord's income, inheritance or real estate taxes. :, s "b .tr's Gw'. ,' . ?'i ..'- ?•'. ?s .r NZS?ceBdl? share of current real. estate taxes on the Parking Area, base upon the ratio that the square foot area of the theatre buildin i bears to _the square footage of g gross leasable area _ ' G LA") "GL-A" shall mean that area of the -Sho j -- PPing Center on which -:Land- lord-constructs on i' buildings ,_?,-ne uding . buildi-ngs used b - Y the Landlord and Landlord `wi11 Pa y .or cause to be paid the balance of all taxes assessed on-the Parkin Areas, said g payment to be based on a separate tax bill--issued for the Parkina Area.. If Parking Areas are not separately-assessed, (c) Pro-Ration. - Real-estate takes €or_any_ ta year shall--.-be-pro-rated on a ;Partial x - Per-diem -basis. f (d) survival. Tenant's - nd Landlord's rights under this section shall survive the expiratio or earlier ter i of this Lease. urination _(e)_ Payment. Tenant shall Pay such real estate taxes as it is obligated to - - pay by the terms of this Lease within thirty - (30) days after notification of such taxes and due by the amounts by Tenant; the obligation to pay such taxes shall be terms of this governed by the Lease relating to the obligation to pay rent here- under, and Landlord may exercise any rights relating to the pay- ment of real estate taxes otherwise herein provided with relation to payment to rent. Tenant shall have the right contest any tax bill or to object to or assessment upon the Demised Premises or any portion thereof either in its own name, in the name of =a Land- lord, or jointly with Landlord, and Landlord shall cooperate with Tenant in such contest. Tenant shall in demnify and hold Landlord harmless from all costs and expenses arising-out of _ -- ij 4 * Tenant shall pay its pro rata share of. the real estate taxes thereon that are includ( ; 1.4 in the tax bill upon which Tenant shall be billed under subparagraph Tenant shall not be required to pay twice any component of real estate tax b reason of this•paragraph., La) hereof. - Y -16- .i' MO ?, ? ,..•- i ..i•a z'ip' ..-?:?.,a .. 11 •?.??-E'?i?d?'?.'?? '.rs7"/zRasrwineee?,re?ra? .+w..,.o " such objection or contest. 9. Utilities. Tenant shall pay directly to the appropriate public utility furnishing same all charges for water--gas and- electricity actually used or-consumed by Tenant-:in or upon the - Demised Premises, and all sewer charges for the--Demised Premises, as and when the charges therefor shall become due A d payable: All charges for water and sewer shall be a- pportione?l_to the date= - __- on which the term of this Lease commences,-=and :fo` the--date on which the term of this Lease terminates, - L"dl ord shall at: --- Landlord's expense install-or cause to_be inst6l'1ed_Separate meters at -the Demised Premises for all such- sesi?es 10. Assignments - Sublettin q ,.Tenant shall-have the right - to assign, mortgage, pledge or encumber this-Lease, or sublet the- - Demised Premises, subject-to first obtaining t#ie written consent- o Landlord, which will not be unreasonably withheld-b?y Landlord. In the event of any such assignment of-this Lease, or subletting, made with the written consent of Landlord as.aforesaid, Tenant will nevertheless remain primarily liable for the performance of all the terms, conditions and covenants of this Lease. Not- withstanding the foregoing, Tenant shall have-the-right, without any further consent of Landlord, to transfer this Lease, or cause the same to be transferred from time to time, together with all options herein contained, to parent, subsidiary--or affiliated corporations, without any further consent of Landlord, provided Tenant shall not be released from the obligations of this Lease hereby. The provisions of this Section 10 shall in no event be construed to limit Tenant's right to grant to-concessionaires or -17- its. licensees the right to operate upon the Demised Premises provided.-.-.,- that such operations are for uses permitted hereunder to Tenant. The merger of Tenant into, or the consolidation--of Tenant with, another corporation shall not be deemed to constitute an assignment prohibited by this Section 10, nor shall the assignment of th-is. Lease as part of the sale of all or substantially of the theatre circuit of which the Demised Premises is then a- Part_be prohibited == by this Section. * - No conveyance or assignment by Landlord of`its-lnterestJ-n = the Demised Premises shall be =deemed to release Land-1-ord _feo_m an of its obligations hereunder incurred :prior---to such- tonveyance.__= --- 11. Alterations. Tenant covenants and agrees that it-will= not make any alterations, improvements- or additions _to the euteefdr. - _ _ o the Demised Premises or of a structural - nature, -3c uri.n g- the -- term of this Lease or any extension thereof, without the.-written - consent of the Landlord first had and obtained, --which.-Landlord - - agrees will not be unreasonably withheld. Tenant.shall-have the right, without Landlord's consent, to make alterations and improvements to the interior of the Demised Premises which are not of a structural nature. All alterations, improvements and additions made by Tenant, as aforesaid, excepting trade fixtures as hereinafter referred to", shall remain upon- the Demised Pre- mises at the expiration or sooner termination of this Lease and shall become the property of Landlord or with respect to alterations made by Tenant for non-theatre purposes, at Landlord's option be removed by Tenant and ** 12. Repairs to Building and Im rovements. -- (a) Landlord shall, at Landlord's own cost and expense, * If any subletting or assigning of this lease would involve a use other than for theatre purposes, the Landlord shall reserve the right to terminate the lease within 30 days after receiving notice from the Tenant requesting consent to do so and if so exercised, Tenant shall be released from any further liability hereunder. ** premises restored to condition prior to alteration. -18- 4.; c. . MM"WMMW maintain and keep in good repair the exterior of the Building and i Improvements, roof structures and supports, foundations and strue- tural supports, and outer walls, and to make replacements thereof - when necessary, and also to make and pay for all repairs and replacements to the interior of the Building and Improvements which are of a structural nature. Landlord further agrees to - keep all-water, waste and drains, pipes and lines outside of the Building and Improvements and connecting thereto open and in - good condition and to replace same when necessary. Landlord also agrees to keep in good repair all sidewalks on or abutting .the Building.. and Improvements. (b) Landlord shall assign and turn over to Tenant, at the opening of said theatre for business, all guarantees and warranties from the heating, air-conditioning manufacturers and such other warranties and guarantees that it has received with respect to any portion of the Demised Premises. (c) Tenant shall make and pay for all necessary non- structural interior repairs and replacements and for all necessary repairs and replacements for the heating plant, air-conditioning equipment and hot water system, and Tenant shall keep such non- structural interior, heating plant, air-conditioning equipment and hot water system in good order and repair, and generally keep the Building and Improvements clean, orderly, sanitary and reason- ably free from dirt and refuse matter. Tenant shall replace all broken glass windows and doors and shall keep all waste and drain pipes located within the building open and in good condition and replace same when necessary excepting, however, from the -19- W 7 y ?t?y ?,. }pry .a}...r','df?4r r, r?3? _. Agra 1'.. 1? r. #, ; .y r ta?,;?r rK:Ti!S! -y •;.? k 2N:`:? 4 'S ,".:,: .o"f.'L?li?2kr. j 1; I foregoing obligations of Tenant, repair or replacements-which may be made necessary as a result of damage or destruction by fire or any other casualty-,.. the elements,- acts- of-God, structural-_ ault, or Landlord's failure to make repairs-as provided- hereunder.--"--13. Certain Covenants. Tenant agrees that it, will.,comply-. with any requirements of any of the constituted public authorities, including but not limited to all such re-qui-rments relating to-the-_- maintenance and location of signs and marquees as permitted hereunder, and with the terms of an state or federal statute-or -y-- local ordinance or regulation-applicable. to_Tenant or-its -use-of the Demised Premises so long -as Tenant's operation of Demised -- Premises is not restricted,-and- to save Landlord "harmless from -= penalties, fines, costs or damages resulting fro- failure so- to do; excepting, however, that Tenant shall have no obligation-to make and Landlord hereby agrees to make any_structural'repairs, alterations, additions or changes to the Demised' Premises required - thereby or thereunder. Nothing herein contained shall pertain to the content or subject matter of any motion picture exhibited at said theatre or to any advertising material relating thereto. 14. Signs and Placards. Tenant is hereby granted the right to maintain and replace direction and attraction and/or marquee signs and placards on the exterior of the Building upon the Demised Premises and on the signs described in Section 1 above, all as shown on Exhibit A attached hereto, advertising theatre performances therein; provided, however, that all of said signs shall comply with all laws or ordinances of the State, County and/or Municipality and be subject to Landlord's approval, not to be unreasonably withheld. 1 -20- _ sf 15. Damage by Fire, etc. Tenant will carry and maintain at all times during the term (including any extension or renewal thereof), at Tenant's own cost or expense, fire insurance with extended coverage endorsement including. but not limited to rent insurance for 6 months rent and additional rent, - - vandalism, malicious mischief, sprinkler leakage, and covering the Demised Premises and all of Tenant's contents- in. the Demised Premises. With respect to the Demised Premises or any renewals or replacements of, or additions or alterations to,-.said .Demised- Premises, the amount of such insurance to b'e maintained by._Tenant - shall at all times be in an amount equal- to- ..-the- replacement - value of the Demised Premises, excluding foundation and.site work. All policies shall be written by companies of recognized stature and good repute, licensed to do business in Pennsylvania and shall name as the insured parties Landlord-and-Tenant as their respective interests may appear, and any first-mortgagee of the Demised Premises who agrees to make the proceeds of such insurance available for repair, rebuilding and restoration as herein provided, and the said policies shall provide that they shall not be cancellable without at least ten (10) days' written notice to Landlord. If the Demised Premises, or any portion thereof, are damaged or destroyed by fire or other casualty, however or by whomever to the extent of insurance monies available to it caused, Landlord agrees/to repair, rebuild and restore the same with due diligence and dispatch, so that said Demised Premises together with all necessary installations and equipment (other than Tenant's trade fixtures and equipment) will be restored -21- a ? f to at least the same good order and condition as existed prior to such damage or destruction. If such damage (irrespective of the fact that only a part of the Demised Premises has been damaged) renders the entire. Demised Premises unfit in Tenant's bona fide judg- ment for Tenant's normal business purposes, and Tenant by reason - thereof discontinues business in the entire Demised Premises, rent shall be abated for the period during which the same are not fit for such business purposes or during which Tenant discontinues busi- ness; if such damage renders only part of the Demised Premises un- fit for Tenant's normal business purposes and Tenant elects to operate its business upon the remaining part, rent shall be appor- tioned--:on a square foot basis, and the proportion thereof applicable to each part of the building upon which Tenant discontinues its business operations shall be abated for the period during which such part is not fit for Tenant's normal business purposes and during which Tenant discontinues business operations. If the Demised Premises are totally destroyed by fire or other casualty, so as to require complete replacement of all other than the foundations, and there remains less than three (3) years of the term or any renewal term of this Lease between Landlord and Tenant, Landlord has the option not to rebuild the premises unless Tenant exercises its next applicable option to extend the Lease. The purpose of this clause is to provide for a minimum term of three (3) years to run after the completion of the restoration of the premises. Anything to the contrary notwithtanding, Landlord will carry all insurance including fire, extended coverage and liability, prior to the Commencement Date. -22- R' C 4 ffYY ,S' .. s+ .fit i t > - fr'w's` :• '? 1 Apr '^"-' - 16. Responsibility of Tenant. Tenant will indemnity Landlord against and hold Landlord harmless from all claims, demands, ?, - _._causes of--action or liability, including reasonable attorney's fees of Landlord incident thereto, for injury to or death of any person or-damage or destruction of any property in the Demised Premises not caused by Landlord or its agents, servants or employees. Tenant shall at all times during the term.hereof maintain a policy or policies of public liability and property damage in- --surance which_.shall also include Landlord and any first Mortgagee of.the Demised Premises as insured - -- parties (in addition to Tenant), in amounts-deemed sufficient by Tenant, but in any event, not -less than $5,000,000.00 as to bodily injury and 5100,000.00 as to property damage. All policies shall be written by companies of recognized.stature and good repute licensed to do business in Pennsylvania and shall provide that they shall not be cancellable - without at least ten (10) days' written notice to Landlord. At the commencement of the term, Tenant shall deliver to Landlord a certificate or certificates of the insurance polices evidencing the insurance coverage as aforesaid. 17. Required Insurance Provisions and Evidence of Insurance. (a) Each party hereto shall deposit with the other certificates of insurance 'required under this Lease or copies thereof certified by the insurer. At least fifteen (15) days prior to the expiration of any such policy, the party obligated to maintain such insurance shall deposit with the other a certificate evidencing such renewal. (b) Either party hereto may, at its option, place all -23- .'.P s or any insurance required to be placed hereunder in blank- insurance policies. { (c) Policies'of insurance required to be carried by 3 Tenant and by Landlord respectively under the terms of this Lease s shall provide that such policies shall not be subject to cancellation, termination or change except upon at least ten (10) days of prior written notice to Landlord and Tenant and shall name Landlord and Tenant as insureds. 1 18. Trade Fixtures. (a) wherever in this Lease the phrase trade fixtures, trade furnishings, trade equipment or like expressions are used, it shall be taken to mean any fixtures, machinery, equipment, apparatus, appliances, facilites, decorations, Eurniture and -- accessories, at any time placed or installed in the Demised Premises or any renewals, replacements and additions thereof, irrespective of whether any of the same are attached or unattached i and the degree of attachment in said Demised Premises, or are apparently a part thereof, which are used or useful in the conduct or operation of the Tenant's business in the Demised Premises including, without limiting the generality of the foregoing, curtains (including fire curtains), stage and scenery equipment, sets, carpets, mats and other floor coverings, seats, chairs, projection and sound and lighting apparatus, display stands, concession equipment, cashier's equipment, booth and ticket machines and choppers, office equipment, fans, pumps, motors, travellers and advertising signs and boards. -24- ,?:: (b) All the trade fixtures, equipment, attachments and furnishings installed by Tenant for its business purposes., whether attached to the Demised Premises and apparently a part thereof,- or not-, shall- remain .-.the- pro-perty Q_€=Tenant.- Provided Tenant--.is_ not in default, Tenant shall have th-.right to.-detach and remove any or all of said property, at, any time and from.time --to-time during the term. of this-Lease or.any.renewal or-extension-thereof or at its expiration-or - -prior termination;-: but, on removing such- __---. trade fixtures or equipment, Tenant shall repair the damage, if any, done to the Demised Premises, other, than repairs in--the- .nature of repainting or-repairs to-holes in-the floor caused by- ,removal or-maintenance of the seats- or- holes in the-walls, caused by removal of other trade fixtures. ..Air=conditioning and heating -- apparatus and equipment-shall.-.not be removed (except for replace= ment) and shall remain a part-of the Demised Premises. ..-_ 19. Remedies. Tenant covenants and agrees that if it- shall neglect or fail to perform or observe any-of the covenants, terms, provisions or conditions contained in this Lease and on its part to be performed or observed within thirty (30) days after written notice of default, or such additional time as is reasonably required to correct any such fault (except for payment of rent and other charges, in which case said period of notice shall be ten (10) days); or "; (a) If the estate hereby created shall be taken on is execution or by other process of law, or if the Tenant shall be judicially declared bankrupt or insolvent according to law, or if any assignment shall be-made of the property-of Tenant for -25- - j M M the benefit of creditors, or if a receiver, guardian, -conserva.tor-, trustee or involuntary bankruptcy or other similar -officer shad . e appointed to take.-charge of all or any --s-ubstantiaL_part_ of the j Tenant's property by a court of competent jurisdiction, or a i. petition shall be filed for the reorganization-or lquidatitin - of the Tenant under any provisions of the-Bank ruptc _Cod e now-ory hereafter enacted, and such _ proceeding= is n-ot dsmissedLith- nr sixty (60) days after it is begun, or if the Tenant shall file a n petition for such reorganization, liquidation,-or for arrangements .i under any provisions of the Bankruptcy Code now or hereafter - enacted and providing a plan for a debtor-to settle,=satis€ - y or - extend the time for the - _- payment of debts; then, -*and - -in-any--of-the said cases (notwithstanding any waiver:of any former--reach of covenant or waiver of the benefit hereof or consent-in a -- i former instance), Landlord may enter into and upon--the said- premises or any part thereof in the name-of the- wh6f `and 6e-- possess the same as his former estate, and expel the -Tenant,-. and those claiming through or under it and remove its or their effects, without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant, and upon entry, as aforesaid, nothwithstanding any entry or re--entry by the Landlord whether by summary proceedings, termination or - otherwiseto - pay and be liable for on the days originally fixed herein for the payment thereof, amounts equal to the several installments of rent and other charges reserved as they would, l under the terms of this Lease, become due if this- Lease. had not of 9 ? -26- t (;Y FAMb e T .f _ ?• _ ?t , = been terminated or if the Landlord had not entered or re-entered, as.a?oresai-d, but if the Demised Premises are relet b - -__ - y--the. Land- lord,.-the Tenant shall be entitled to a credit in the net amount of rent received by the Landlord in reletting after deduction of i _.all_ reasonable expenses incurred in reletting the premises and - in collecting the rent in connection therewith. 0. Confession of M ectment. Subject to the conditions of paragraph 19 cif this.Lease, the Tenant does hereby upon breach of any of the conditions - or covenants of. this Lease during the original term or. any renewal, and also - when and as soon as the term hereby created or any extension or renewal thereof __ ,shall.have_expired agrees that an amicable action of ejectment may be entered by the Prothonotary of the Court of Common Pleas of Cumberland County as if a complaint in ejectment had been filed by the Landlord as Plaintiff against the Tenant as Defendant for all and singular the property herein described and as if said complaint in ejectment had been dul served Y personally upon the Tenant by the Sheriff of said County within said County and had been duly returned by said Sheriff served personally upon said Tenant, and the said Tenant hereby authorize and empowers any attorney of any court of record to appear for the Tenant in said amicable action of ejectment and confess judgment therein in favor of the Landlord and against the Tenant for said premises, and said Tenant further authorizes the immediate issuance of a writ of possession upon a praecipe therefore by the Plaintiff's attorney and Tenant hereby waives any and a.ll right to stay of execution and releases to the Landlord all errors and defects whatsoever in entering said action or judgment -27- ?_ 7 -'"?i': .- ?,r?. ?4??;.' ??d5'y?,'..F"fk? 4 z ?x -,, ;?rx.{y''?. ,?''i..-.:'?. ?a .r:,C ..+ ?...??+, W .. , tea: ,`? i..r ? ,. r. >sr. ti -s. :. ?;pj",+;n t:?t?"+5??'.'??+':f!Y?i;?°??f?' ... _„ _ r? R . z f? ty?.. or in causing said writ to issue or in an the same and if any proceeding thereon' after execution and or concerning return -- re-enter into.. -- of..the,writ the- possession defendant the prothono,tar = shall forth the y upon --- "- ,` facts Prae.ci e - - filed within P and affidavit three.years setting which execution after the- retu_r_n of the was completed shall-i writ Upon 21. ssue a ne.w writ-of Right of Ins Possession. - ,con ion. have the right to ins Landlord and -its.agen=ts snal Pect the Demised 1 upon 21 hours Prem_ises.at prior notice reasonable have • and Landl times the right ord and to its a enter the Demis gents shall also =- the maki re ed-Premises- - Pairs for`the thereto or in order - to Pur owe --of. of any public romPly-,with - authority, as may be _ requirements.._ terms of required-of Landl- - - this Lease. ord Land pursuant work as lord a exPeditiousl Y as reaso grass to pei'farm._all such _ Of interference nably possible and rence with with the _ a m -inimum 22. conduct Theatre of Tenant s bu e _ A ness - arance s1 outside. __. _ theatre i - Tenant shall neat - and clean conditio maintain its joining the Buildin9 n, shall keeP sidew clean and free alk ad- __,`;._ i•-. arra from sh nge for the rabbi - regular pickup of and shall shall not trash and burn any trash of garbage. Tenant an nor shall Tenant permit rubbish, y kind in or about t or a fi he bbish, refuse or building re hazard to exist a garba bout•the buildi ng, 9e to accumulate 23• Restrictive C ovenant. the term of Landlord cove this Lease pants that including an during as herein Y renel provi wa ded, no or extension - Properties thereof any trust, owned by Land partnershi lord or owned p or corporation by have an interest in which Landlord . located within shall three (3) miles from the Demised Z -28- _ -- - y ' 4 7 4 . Premises will be used, leased, occupied or operated or permitted to be used, leased, occupied or operated, directly or indirectly-, in whole or in part, by any person, persons, firm--or pgr-poration - - whether as owner, tenant, occupant or otherwise-, as or-for a" motion picture or legitimate or live entertainment theatre, _- establishment for the exhibition of close-circuit television, or entertainment business similar or dissimilar-to the foregoing - It is agreed that the foregoing shall constitute covenants running with the land and shall be binding-upon Landlord and-its assigns, mortgagees, and all successors. in title to -_all.ora ny lands so owned by Landlord. At the request ?f Tenant ?. La.ndlord shall execute or cause the specific legal entitytto execute-and acknowledge in recordable form an agreement containing or referring to the aforesaid covenants. This paragraph shall not be- binding--on any mortgagee of the Demised Premises and/or the Shopping-Center or any successor In-*-- 24. Holdinq Over. Should Tenant hold-ovet--after_ the'ex-- piration of the original, or of the extended--`terms, withoutthe option for extension provided by this Lease having been exercised, such holding over shall continue upon the terms and conditions of this Lease and at the monthly rental in effect during the last month of the term, until terminated by either party by notice given to the other party at least sixty (60) days prior to the date of termination designated by the notice, and no further holdover will be acknowledged by Landlord thereafter. 25. Condemnation. If the Demised Premises or any part there- of is taken or condemned for a public or quasi-public use, this Lease shall, as to the part so taken, terminate as of-the date title shall vest in the condemnor, and the rent and all other sums payable hereunder shall abate proportionately to the square * interest-of Mortgagee. -29- .! ?.: :: ?. J.-1. , .?. F.. ?, :. r "•'"? :T 5'y`?? f... C . '..fir +c''107FF'' nir -- 4 feet of leased space taken or condemned, as to the part so taken, or shall cease if the entire Demised Premises be so taken. If more more than 20% of the buildings on the Demised Premises or the Shopping Center Tenant,.-in-its best judgment exercised in good faith, determines that the.portion of the Demised Premises remaining is insufficient -for its proper business purposes, Tenant shall have the right, within sixty (60_) days after Tenant received written notice that title 'to the part taken has vested in the condemnor, to terminate this entire Lease. If the-taking or condemnation does not result in termination of this Lease, or Tenant does not exercise its option to terminate this Lease-'as above provided, Landlord agrees diligently to proceed to restore the Dem'ised Premises, at Landlord's cost, to a.condition as nearly as possible to that in wh4ch the Demised Premises were prior to such taking or condemnation, in the light - of any reduced area thereof, such restoration to be made under the supervision of an architect to be selected by Landlord and Tenant and in accordance with the plans and specifications caused to be prepared by Landlord and approved by Tenant. If all or part of the Parking Areas, as set forth in Exhibit "A" shall be taken or condemned for a public or quasi-public use, so that the areas remaining shall not meet the requirements of Section 4, Tenant shallhave the right, within sixty (60) days after Tenant receives written notice that title has vested in the condemnor, to terminate this entire Lease. Notwithstanding the termination of this Lease by reason of any total or partial condemnation, Tenant shall have the right to (a) claim against the condemning authority for removal and dislocation * are taken and -30- ?. =510# k ? i r I expenses and any other claims to which it may be-entitled under-the condemnation laws of Pennsylvania provided the "real estate award-to-Lanc}Ytd €or=Che -land`-_ Log- n. - and improvements is not diminished thereby; and (b) in the event-that Tenant shall =- have made any leasehold improvements. to the Demised P - -- ri . term hereof, it may, y, in addition to the above award for expenses', make a claim - - for the unamortized value of said leasehold improvements which value shalLl?e determined according to the following formula: the-original---cost of said. improvement(s) (labor-and material only)-multiplied by a fra?tioMi the numerator_ of which-shall be the number of lease years. -that-_-shall-have expired from the _= - date such improvements were made and the denomijii,ator of which shall be the '_ number of lease years in the amortization period=established-by_ Tenant_in its -AW tax records at the time of making said leasehold improvements, provided, _ however, that in no event shall such claim for leasehold improvements exceed-.'-. _ 5% of the Landlord's real estate award. -31- _f" n4r t .zt 6! k 26. Mortgage. Tenant agrees, upon Landlord's written a request, to execute for recording an agreement of-which- shall be given to Tenant, whereby Tenant 'will subordinate..-` the estate hereby demised to an t y first mortgage placed-by Land 1 lord upon the Demised Premises . x; provided and-:on .condition that- - the mortgagee shall jo-in in such agreement and the same shall - F: - contain the following provisions: a) So long as Tenant continues to pay the-.rent as-in- said Lease reserved and otherwise complies with-the -term and ti provisions of the said Lease,--(subject: to the appl i-cabl.e grace . -- periods and right to notice of default-a-s th-ere-irr_=-provided) the right of -- -_-- possession of Tenant of the. Demised -Premises, the - rights to the use of the Parking. Areas---and roadways- there-in -.-- described and the terms and provisions of said Lease othe-rwise ;3 - e -- r shall not be affected or disturbed by__Mortgagee.:in the-e*-erc-ise 'i of any of its rights under the said mortgage, or inthe bond or debt secured thereby, or otherwise by law--provided. (b) If Demised Premises or said Parking Areas are sold or otherwise disposed of pursuant to any right or an y power contained in the said mortgage or the said bond, or as a result 1 of proceedings thereon, the••purchaser of said Demised Premises or said Parking Areas at such sale, or any person acquiring title through or by virtue of such sale, shall take title subject to said Lease and all rights of Tenant thereunder. (c) If the Building upon the Demised Premises is damaged by fire or other casualty, for which under any of the 1 -32- f a a insurance policies the loss is payable to the Mortgagee, Mort- .gagee agrees that such insurance funds, when payable to it, will _ be made -available for_ the purpose of repair or rebuilding of the --Demised Premises, as . __provided in said Lease. (d) The Mortgage shall not be construed as subject= ing In any manner to-the lien thereof any fixtures, machinery, equipment, -apparatus - _. appliances, facilities, decorations, furni- C ture and accessories, at any time placed or installed in the De- m3sed.:Premises=by Tenant or any renewals, replacements and additions __.thereof, irrespective-.of whether any of the same are attached or _.-unat,tached and the degree of attachment in said Demised Premises, or are apparently apart thereof, which are used br useful in the conduct-or--operation of the Tenant's businese in the Demised __Premises including, without limiting the 9 generality of the fore- going, curtains, (including fire curtains - - ), stage and scenery equipment, sets, carpets, mats and other floor coverings, seats, chairs, projection and sound and lighting apparatus, display stands, cashier's equipment, booth and ticket machines and choppers, office equipment, fans, pumps, motors, travellers and advertising signs and boards. (e) Mortgagee shall agree to give to Tenant notice of any default by Landlord in its mortgage, and further agrees not to take any steps to foreclose upon said mortgage without giving Tenant thirty (30) days in which to cure said default, if any. Tenant shall. have the right to cure said default, and if it chooses, to make its rent payments directly to the Mortgagee. (f) This agreement shall be binding upon and inure to -33- the benefit of Mortgagee, Mortgagor and Tenant, and their respec- tive successors and assigns. 27. Quiet Enjoyment. Landlord hereby covenants with Tenant that, subject to the performance by Tenant of the terms,-.covenants T and conditions of this Lease on the part of Tenant to be kept -and- performed, Tenant shall have the quiet and peaceable=possession and enjoyment of the Demised Premises and the afores aid-l-Parking p- Areas and Sign Areas, includin pl? gall necessary rights to ingress and egress to Parking Areas and every part thereof,-.without-let _ hindrance or disturbance whatsoever throughout-the-entire-term- of z this Lease or the extension thereof. Lsandlord shall not = - - or in the area outlined on erect any building adjoining the Demised Premises/ * or permit any Exhibit A such building to be used without the prior writVn approval'-of Tenant, which approval shall not be unreasonably withheld. 28. Landlord's Default. Landlord agrees that--in-the event of Landlord's failure to pay any sum or.sums which Landlord is obligated to pay and/or the nonpayment of which may result in a charge or encumbrance upon the Demised Premises, or in the event of Landlord's failure to perform any of Landlord's obligations hereunder, Tenant, in addition to any other rights it may have in law or in equity,/shall have the right to make payment of such sums or to perform such obligations. Landlord agrees to reimburse Tenant for such sums and Tenant shall have the right to receive an assignment of the claim of any payee against Landlord and shall have the further right to set off against accruing under Articles c) rents or other sums payable to Landlord/such payment4(or' ex 6(b-) or 8(a)&(b) penditure made by it, holding Landlord liable for any excess of -34- * provided Tenant gives 20 days prior written notice to Landlord requesting Landlord discharge its obligation - no notice being required in an emergency situation. rtnA 4?; r1f45 R.,r a?,u' r.+Ix+ ?? 47A?3T 1 1 t i anY such payments or expenditures over any amounts set off against such awe rents and other sums. __29.. Waiver of Subrogation. Landlord and Tenant agree that at all times prior to, during and after Tenant's occupancy of E the Demised Premises, neither party will make a claim against the other party for loss or damage to the Demised Premises, the build- ing or its contents, arising directly or j indirectly from those perils insured against or covered by a standard fire and extended coverage insurance policy for the State of Pennsylvania carried by the damaged party or by any other policy of insurance carried by the damaged party and covering against any perils for all or damage or any kind to its property or property id which it has or may have an interest. Landlord and Tenant farther agree that prior to, during or after the period of Tenant's occupancy of the Demised Premises, each party will hold the other party harmless from any claim against the other party by way of subrogation of the damaged party's fire or extended coverage insurance carrier or carriers of any other insurance covering against any perils for loss or damage of any kind to its property, real or personal, s or property in which it may have an interest, and each.party 1 agrees to secure specific waivers of such subrogation rights, in favor of the other party, from its fire or other insurance carriers, I r secure policies of insurance providing expressly for such wivers of subrogation. 30. Landlord's Waiver. Irrespective of any provision of thi;Lease, Landlord hereby waives Landlord's right of distraint with respect to any property purchased by or rented to Tenant -35- era,.:;, . .. k,M?: C"'k i?A "y.J + . J..... ?E Y} , T r ?t e d n -e .7 c:?4.. r .. . _ . ... ? fir;, t. .. , . :..?.. - - - and any property purchased by or rented to Tenant's concessionaires or subtenants whereby the terms of such purchase or rental the Seller or Lessor has retained a security interest in such property, and Landlord agrees from time to time at the request of Tenant, its concessionaires or subtenants to execute the customary Land- lord's waiver in confirmation of the waiver contained in this Section 30. 31. A enc . Each party represents and warrants that no brokers, agents or any persons or entities entitled to a com- mission or finder's fee have been involved on its behalf in connection with this transaction,/and each party will indemnify and hold the other harmless from and against any and all claims made for commissions by any person purporting to.act on behalf of the other party. 32. Notices. Wherever in this Lease it shall be required or permitted that notice or demand be given or served by either party to this Lease on or to the other, such notice or demand shall not be deemed to have been duly given or served unless in writing and either personally delivered to or forwarded by federal express or similiar commercial delivery service or by registered or certified mail, postage prepaid, addressed as follows: To Landlord: Sporting Hill Properties 510 South Burnt Mill Road Voorhees, New Jersey 08043 To Tenant: Budco Theatres, Inc. P.O. Box 389 Doylestown, PA 18901 Attn: H. Donald Busch, President * other than , whose commission will be paid by Landlord, -36- Aet '.1:?lwti,k n R ! ", tr ix.taait y v ST Iwrl With a Copy to Busch, Grafman & von Dreusche Tenant's Attorney: 555 E. City Line Avenue Bala Cynwyd, PA 19004 Such addresses may be changed from time to time by the re- spectiveTaddressees by appropriate notice as above provided. 33. Performance or Pa yment Without Prejudice. Notwithstand- ing anything--to the contrary herein contained, it is understood and agreed that if a dispute arises between the Landlord and } :; - Tenant as-to-the obligation of one or the other to perform any 'act -or_to.pay any sum of money to the other or to a third party, the perf©rmance of such act or the _ making of such payment shall be without prejudice to the right of the party sb performing or making payment to seek reimbursement from the other therefor. 34. Noises - Odors. Landlord agrees that throughout the a _. term of this Lease or any renewal or extension thereof, no build- ing adjoining the Demised Premises or Parking Areas will be used, leased, occupied or operated or permitted to be used, leased, occupied, or operated by any person, firm or corporation for any business or activity which unreasonably interferes with the ability of the patrons of the Demised Premises to use the Parking Areas for parking purposes and to view and hear the performance given therein, provided that the theatre in the Demised Premises is operated with the normal precautions taken in theatres to minimize and suppress noises, odors and other objectionable interferences w' ith the performance being shown therein. -37- : l•}-- .'.. fe•7L?i`S? lv LtA .?l?R: Y .j.?.. .3i? U .3i6ri+f * d 1 lye°F2..?'v ik .' ?? '$"M V p' _. ? r 35._-Short E'orm. .Landlord agrees, upon Tenant' s request, - to execute and acknowledge a Memorandum of Lease, in recordable - -_ -, formcontai?ning or referring to such provisions of this Lease = as-Tenant may specify. €- - -_ 36 No Partnershi . Any intention to create a joint L _ _venture -orpartnership relation between Landlord and Tenant is hereby ex-pre.sly-disclaimed by both Landlord and Tena nt; it being - understood that no business relationship other than that of - ]andl-ord and tenant is intended between the parties. 33 Caption and Terms. The captions incorporated in this 'Lease are for convenience only and are not a part of this Lease and-do-not=--in any way limit or amplify the terms and provisions A. of this Lease. - 38..Sbope of the Lease. This Lease represents the entire agreement between the parties hereto, and there are no collateral or oral agreements or understandings. All additions, variations or modifications to this Lease shall be void and ineffective unless in writing, signed by the parties. 39. Binding Effect. It is agreed by and between the parties hereto that all covenants, conditions and agreements herein contained shall extend to and be binding upon the parties hereto and their respective successors, and as far as this Lease and the term hereby created is assignable by the terms hereof, to the assigns of such parties. IN THE WITNESS WHEREOF the parties hereto have set their -38- .?F?.'?<?7??"°''a`.,???.. 4'.?if"`4n? lli:?R.R??j y G ?w? 3 :?.,.r%e??•+ow?i(gs.?: r respective hands and seals that date and year first written above. LANDLORD: ATTEST: SPORTING HILL PROPERTIES 1) 70 B .: , TENANT: Ml ATTEST: - - BUDCO THEATRES -IN . _ % umr. J ), d -All f l -39- .s - V, 41 ltt 1_ I ?'i1Jl.J 1tLJ1)i'U-'1'i I1:A'I'IC1•;:. , I IJC . ? I',,1„1 t ( 11 , 111 ? 111 1 -----? 1(.Jn.rntll 1 = No vi tlrstanrliny anythin(1 to th( conL-vary contained in th( no rent,_or additional rent shall be due or ?a able 1 Y by '1' -nanZ= for;= rel-ating to, or measured b _ y the first five (5) --rrrt?ntils zlnmcrl=rat?I- -ol-lowing the commencement Date and no receipts by 'I`?nanl_: dur.in(3 such period shall be included in an calculation of rent -H=r: t?liic3i1a1--rent. fIn a_ll other, respects, the Lease shall remain unchanged. -??iliLREOF, tl)r, parties hereto _ , intending to be - 1:sja}J.f 11-)11110 II c.ri,1)V, I V(? 11111 this Adrlen(JUr, th?i ; f JuTy,; clay of - ]rANDLORD: - St)owrING HILL 1?kU!'f l?'I'Il :i --- By. T1':NAN`t' r? BUDCU THEATRES, INC. BY: - .. t.. 6l3fdP f_ r: i• -: v f3 4: x1r , ?3 3" n r>",'r?.'(.s.. t.,.e ?:r.' '° i r? a X37 a . - -- - March 17, 1987 VIA FEMRAL=-EXPAESS-- M Mr. Walter L Ritter, III -- _-Director = .Real Estate Budco T•t,eatres, Inc. -- -- .111 Chestnut --Street -Philadel.ph-ia, Pennsylvania 19106 - Re: Harrisburg, -Pennsylvania - Sporting 11311-Pro erties 1Je n - ' ? Ic'a 1 t e- Fer our -discussion, this will serve to confirm that the date for cor,Pletion of the theatre buildings as set forth in Arti4le S (f)(1) of Lease dated July 31, 1986 is herebN extended to Noveml:er 30, 1987. _eesE sigr. and return the enclosed copy hereof confirming the above. - ?,. .... roc. Very truly yours, DEVELOPMENT EAST - - i - jul-in J. Hagan ,.,: s e 1 ?c . a S;y11 biusir;c'SS is ? )od SF'FY 3 lyfy„y i ?1? y??7. + • ''fig ?p ? . .";?y ?? '??f117?'?-..?? ??1???dfY.?.`.'?.=.AE'!fiZ ti1rt t•JS.?g.VJ F. _Sii?N?%'a 1' :f _.. ? t r r - ? tr A IM4 71 ti- . , h. I Lo :PC r -? - _ 01 17 --- _ __ J G A N.- M I It - J E r- -I ? t , i 0 z t' f r n n J k C '?nn d X: , f) 3 ?? o _I p r I ? ? r r l r ,• . ...??!tiL :rn «."Yi,'3r: ,I"4.4? ( ?. '.yrc .F:r yT'l i..Fi:w at k'yl V i+Hr ,?. EXHIBIT "B" k s LAW OFFICES STEPHEN C. NUDEL, PC 219 Pine Street Harrisburg, Pennsylvania 17101 STEPHEN C. NUDEL (717) 236-5000 BRET KEISLING PAX (717) 236-5080 VIA OVERNIGHT COURIER November 26, 2008 Mr. Ron Herman American Multi-Cinema, Inc. 920 Main Street Kansas City, MO 64105 RE: Hampden Center, Inc. American Multi-Cinema, Inc. Hampden Center Mechanicsburg, PA Dear Mr. Herman: This letter serves as formal notice that American Multi- Cinema, Inc. ("AMC") is in default of the above referenced Lease for failing to keep the heating plant and air conditioning equipment ("HVAC system")in good order and repair. Subsequent to my last correspondence the HVAC system was inspected by a Carrier authorized dealer. That report is enclosed. Under the Lease, it is your company's responsibility to maintain the HVAC system in good order and repair. This must be accomplished by either repairs or replacements, whichever is. necessary to meet the terms and conditions of the Lease. Pursuant to the Lease, AMC has thirty (30) days from the date of this letter to bring the HVAC system to good order and repair. If AMC fails to comply or fails to commence and diligently proceed with the repair, the Landlord intends to enforce its rights and collect the costs of repair/replacement from AMC. 1 4 W W Nothing in this letter shall be construed as a waiver of any right or remedy available to my client at law or under the Lease. Very truly yours4 'Stephen Nudel SCN/spa CC: Mr. David F. Lavipour 4? X I W. 1989 Hummel Ave., Camp Hill, PA 17011 (717) 737-4562 a (717) 213-HVAC • Fax: (71 1 www.leggettinc.com • e-mail: info@leggettinc.com November 25, 2008 t-&V Attorney Stephen C. Neudel Turn to the F_Wn& 219 Pine Street Harrisburg, Pa. 17101 Dear Attorney Neudel: ) 737-8807 H - R(.01?1.10 A El[C[i1CU. . 9 s _ w qb x ?l S Gti1 "`o. `gig"` 1'ICE COMPANY S On 10/30/08 Ernie Leggett inspected the HVAC units at Hampden Centre and on 10/31/08 submitted this report. There is evidence that the units did have regular air filter changes from June 27s', 1989 until November 12'h, 1993. The units are currently 20 years old and have reached their life expectancy. Based on the fact that these units probably have not been professionally serviced on a regular basis results in equipment that presents a safety and reliability concern. These are the most obvious observations: The condenser and evaporator coils need a good cleaning. ? The economizer air intake filters are dirty and appear not to have been cleaned in a longtime. 4.- The air filter m.edias are in poor condition and ready for replacement. •3 The fan belts should all be replaced as most of diem have cracks in them. ? The gas inducers are rusted and in very poor condition and could fail at any time. ,ev The exhaust boods are missing on most of the inducers. Several of the heat exchangers were checked and they are not in good shape and could fail at any time due to their age. There is a good chance that some of the heat exchangers may be leaking or will leak soon due to their age. ? Most of the unit access doors are held on by only a few screws. Many extra access door screws were found on the rubber roof. Some access doors need to be rigged to close properly. 0 The gas piping on the roof needs to be professionally repaired as the cover that was applied to it is gone. The line should be cleaned and re-coated: There is evidence that they have had gas line leaks as a gas leak detector is stored at the roof hatch. Many of the 4"x4" wood blocks under the gas line on the roof for support are rotted out and need to be replaced. r• The Air Conditioning on several units and the compressors did run. The refrigeration sides of these units are worn out due to their age. The following equipment is in need of extensive repairs and professional service: ? East Side to the South - Unit #2 1. M#48DD511072 S#X794477 2. One stage of heat is shot and the inducer is totally rusted out. 3. The fan limit control was jumped out with jumper wires. I removed the jumper wires and the unit still ran. 4. I turned the unit off at the disconnect because it needs repairs. East Side to the North - Unit #1 1. #1 M#48DF028 2. Only one stage of heat works. It is my professional opinion, as a Carrier Factory Authorized Dealer; reliability and safety are the prime concern due to the age and condition.. of this equipment. Simply replacing the obviously rusted out components will not keep these units running reliably. The only way to give you heating and cooling systems that are in "good order and repair" is to replace all but one of these units. A good ballpark investment to replace the eight rooftop units, the split system and the unit for the manager's office would be $25%000.00 to $300,000.00. If you have any questions, please do not hesitate to contact us. Thanks for your patronage! Ernie Leggett FAIV? President Leggett Inc. N_ 0 -n `a CN? LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. AMERICAN MULTI-CINEMA, INC., Defendant :NO. 09-335 : CIVIL ACTION - LAW PROOF OF SERVICE A copy of the Complaint, dated January 23, 2009, was served on Defendant by certified first class mail as evidenced by the attached documents. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC r 1-11 Date: c ' . 11 i Z00rA Stepheaky Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff LAW OFFICES STEPHEN C. NUDEL, PC 219 Pine Street Harrisburg, Pennsylvania 17101 STEPHEN C. NUDEL (717) 236-5000 BRET KEISLING FAX (717) 236-5080 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED American Multi-Cinema, Inc. 920 Main Street Kansas City, MO 64105 January 26, 2009 Re: Hampden Center, Inc. v. American Multi-Cinema, Inc. No. 09-335 To Whom It May Concern: Enclosed please find a time-stamped copy of a Complaint filed in the above- referenced matter, constituting original service of process pursuant to the Pennsylvania Rules of Civil Procedure. Very truly yours, M r- ir 0" ru r- 0 C3 W4=m R= M C3 ER D= ru C3 Total Postage & Few M N SW# TO ---AMerrcan Muil.-CIntm-01 Z?...= C3 NWW or PO Box f. 9 20 M Q t n S+ree+ ansgs C 0 VylOS 1 ? . Kei ling LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. o9 '33S b'VI'l -prm AMERICAN MULTI-CINEMA, INC., : Defendant : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 TRUE C!NPY EROS, RECORD In Testimony vvh:r::of, I here unto set my hand and the seal of said Court at Carlisle, Pa. This .... ...... day . of....... .. ., / 0 "`^' Owe 1. 2, and 3. Also OWvlote Itern ¦ Print your name and address on the reV6B9 so that bAgent 0 Addresses we can n ttrm the card to you. ¦ Attach this card to the back of the malipiece, or on the front if space pemdts. . B. Nan1e) O C. Of Z 1. Amble Addressed to: D. Is delivery address dufe m, from Item 11 if YES, enter delivery address bebvr ? es ? No AMERICAN MULTI-CINEMA, INC 920 MAIN STREET KANSAS CITY, MO 64105 aSeybe Type Orcerow Mal ? Express Mau ? Ro tared wp.& n Receipt4 mereltendw . ? insured Mau ? C.O.D. 4. Restrbted Deiiveryt Mft Fes) ? Yes 2. Article Nwtw .(>wWwfm iasrvloekt*o ! 7007 3020 0002 0729 9730 PS Form 3811, February M Domestic Return Receipt 102596-024A-1540 UNITED STATES POSTAL SERVICE I First-Class Mail I Postage $ Fees Paid USPS Permit No. G-10 Sender.. Please print your name, address, and ZIP+4 in this box • BRET KEISLING, ESQUIRE LAW OFFICES STEPHEN C. NUDEL, PC 219 PINE STREET HARRISBURG, PA 17101 ¦ Complete Items 1, 2, and 3. Also oomplete A. Signatue Item 4 M ResWcW Delivery is desired. ¦ ? AgaM x Print your name and address on the reverse ? Addreesee so that we can return the card to you. ¦ Attach #6 card to the beck of the maiipiece, B. Received by (Pr6nGSd Nam) C. Date of D*,wy or on the front If space permits. 1. Article Addressed to: D. Is ddkmy dlees dMre am fmm ltsm l? ? Yea If YES, ender delivery address below: ? No AMERICAN MULTI-CINEMA; INC. 920 MAIN STREET KANSAS CITY, MO 64105 a type [H'CC W 0 W Ad Met Frrp,e MaN O Ragbtewd Ream RecelptftA%mhemelsa ? Ineued Map O C.O.D. 4. Restricted D*-V #Dos Fee) ? yes 2. Article 7007 (fiamAar som awMos kbeq 3020 0002 0729 9730 PS Forth 3811, February 2oo4 Dom W Return Reoeipt 10251 02-*1610 6 Ca oB y ? ? ?• ?? x b ? ? C11 !2z T J M?.1 b rppppri 1 0 0 W o ti o 0 0 ru 0 ru ,_D r W W 0 ,,'?) + :;K • V (D r,. 1`3 + C4t Ian' v y fi' Sit .?M1 , Ir J b I?« LJ I 1 1'.,1 4W b q:7 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: American Multi-Cinema, Inc. 920 Main Street Kansas City, MO 64105 Date: r ?v? Bre isling, Esquire w 1 1 . x^ ty F:\FILES\CGents\13330 AMC\13330.1.ans1.wpd Created: 9/20/04 0:06PM Revised: 3/9/09 10:04AM 13330.1 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant HAMPDEN CENTER, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 09-335 : Civil Action - Law AMERICAN MULTI-CINEMA, INC., Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: HAMPDEN CENTER, INC., Plaintiff, and its attorney, STEPHEN C. NUDEL, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes Defendant American Multi-Cinema, Inc. ("Defendant"), by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and answers the Complaint of Plaintiff Hampden Center, Inc. ("Plaintiff') as follows: 1. Admitted. 2. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. The Lease Agreement is a document which speaks for itself. 8. Admitted, as the premises were surrendered to Plaintiff. COUNT I: BREACH OF CONTRACT 9. Paragraphs 1 through 8 are incorporated herein by reference as if fully set forth. 10. With the exception of an omitted comma, it is admitted that this paragraph contains an accurate quotation of Paragraph 12(c) of the Lease Agreement. Any inference attributed to this quotation by Plaintiff is denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 11. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 12. Admitted in part and denied in part. It is admitted that eight of the nine HVAC units were the original equipment from the date when Defendant commenced the Lease. Any inference that Defendant breached its obligation under the Lease by failing to replace or repair the units is denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further response, Plaintiff, despite its rights to inspect under paragraph 21 of the Lease, never asserted that Defendant had a duty to replace the units. 13. The averments contained in Paragraphs 13(a) through 13(g) are denied as conclusions of law to which no responses are required under the Pennsylvania Rules of Civil Procedure. By way of further response, it is specifically denied that Defendant AMC: a. allowed components to rust and thereby either causing these components to fail or causing their imminent failure; b. permitted components to become missing; C. failed to properly repair gas piping despite evidence of prior gas leaks; d. allowed refrigeration units to wear out without replacement or proper maintenance; e. failed to maintain levels of freon required to keep units properly operating; f. bypassed system controls which allowed units to "function" in an unsafe manner; and g. allowed the units to fall in such disrepair that replacement may be the only means by which the system can be restored to good order and repair as required under the Lease. 14. Denied. The correspondence dated November 26, 2008, is a document which speaks for itself. It is further denied that Defendant AMC was obligated to do anything additional with the HVAC system after surrendering the premises to the Plaintiff. 15. Denied. The correspondence dated November 26, 2008, is a document which speaks for itself. It is further denied that Defendant AMC was obligated to do anything additional with the HVAC system after surrendering the premises to the Plaintiff. 16. Denied. The HVAC system was not in a condition which required restoration when Defendant vacated the premises. It is further denied that Defendant AMC was obligated to do anything additional with the HVAC system after surrendering the premises to the Plaintiff. 17. Denied. The HVAC system was not in a condition which required restoration as of the date that Defendant vacated the premises. It is further denied that Defendant AMC was obligated to do anything additional with the HVAC system after surrendering the premises to the Plaintiff. 18. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. It is further denied that Defendant AMC was obligated to do anything additional with the HVAC system after surrendering the premises to the Plaintiff. 19. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. It is further denied that Defendant AMC was obligated to do anything additional with the HVAC system after surrendering the premises to the Plaintiff. WHEREFORE, Defendant American Multi-Cinema, Inc., respectfully requests that this Court enter judgment in its favor and dismiss Plaintiff's Complaint with prejudice. NEW MATTER 20. Defendant incorporates Paragraphs 1 through 19 of its Answer by reference as though fully set forth. 21. On May 7, 2008, TecMar Service Company ("TecMar") inspected the HVAC units at the property leased by Defendant. 22. Based on its inspection of the HVAC units, TecMar found that all of the HVAC units were working satisfactorily. 23. Defendant closed its movie theater and surrendered the premises to Plaintiff on July 31, 2008. 24. Defendant operated its movie theater through July 26, 2008. 25. Defendant never received any complaints from its patrons regarding the HVAC units. 26. On the date that Defendant c„rnwntA A +I,- -o -- &U- uA 1 A r properly. 27. On the date that Defendant surrendered the premises, the HVAC units were in good order and repair. 28. On the date that Defendant surrendered the premises, the HVAC units did not require any repairs or replacements. 29. The Lease does not require that the Defendant maintain the HVAC systems in good order and repair at any time after surrender of the premises. 30. If the Plaintiff wanted to require that the Defendant pay for or be responsible for keeping the HVAC units in good order and repair for any period of time after surrender of the premises, they could have negotiated that into the Lease. 31. Plaintiff's Complaint is barred by the doctrine of accord and satisfaction. 32. Plaintiff s Complaint is barred by the doctrine of estoppel. 33. Plaintiffs Complaint is barred by the failure of any consideration for subsequent repairs or liability of the Defendant for the HVAC system. 34. Plaintiff s Complaint is barred by the doctrine of laches. WHEREFORE, Defendant American Multi-Cinema, Inc., respectfully requests that this Court enter judgment in its favor and dismiss Plaintiffs Complaint with prejudice. MARTSON LAW OFFICES By: George B. Fa , Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 9, 2009 Attorneys for Defendant ll// VERIFICATION I, APO aa /? L. MQe VCC ?reJi%„ d of American Multi-Cinema, Inc., acknowledge I have the authority to execute this Verification on behalf of American Multi-Cinema, Inc., and certify the foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Answer with New Matter is that of counsel and not my own. I have read the document and to the extent the Answer with New Matter is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Answer with New Matter is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. American Multi-Cinema, Inc. FARLES1CIieMS\13330 AMQ13330.1."1.wpd CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stephen C. Nudel, Esquire LAW OFFICES OF STEPHEN C. NUDEL, P.C. 219 Pine Street Harrisburg, PA 17101 MARTSON LAW OFFICES Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 9, 2009 C> N c°? <,, ?c, - j ; ? ? s ,,: F +=- ? C? ,, ^tj ? .'?? + ?-- ? ?'t"?l . ? ?` N -•J LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA V. AMERICAN MULTI-CINEMA, INC., Defendant : NO. 09-335 : CIVIL ACTION -LAW PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER 20. This is a paragraph of incorporation to which no response is required. By way of further response, Plaintiff incorporates Paragraphs 1-19 of its Complaint as if set forth at length. 21. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and such averment is denied pursuant to Pa.R.C.P. 1029 (c). 22. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and such averment is denied pursuant to Pa.R.C.P. 1029 (c). By way of further response, "working satisfactorily" is not the standard required under the Lease. 23. Denied. It is specifically denied that Defendant "surrendered" the Premises as defined by Pennsylvania case law. By way of further response, Defendant did, in fact, vacate A . .4L the premises on July 31, 2008. However, it is the condition of the HVAC system during the time Defendant was in possession of the Premises, and as set forth more fully in Plaintiff s Complaint, which forms the gravamen of the cause of action against Defendant. 24. Admitted upon belief. 25. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and such averment is denied pursuant to Pa.R.C.P. 1029 (c). 26. Denied. It is specifically denied that the HVAC units were operating properly as of July 31, 2008. 27. Denied. It is specifically denied that the HVAC units were in good order and repair as of July 31, 2008. 28. Denied. It is specifically denied that the HVAC units did not require any repairs or replacements as of July 31, 2008. 29. Denied as a legal conclusion to which no response is required. By way of further response, it is the condition in which Defendant maintained the HVAC system while in possession of the premises that forms the gravamen of Plaintiff s cause of action against Defendant. 30. The statement in Paragraph 30 of Defendant's New Matter is not an averment of fact, but rather a self-serving and rhetorical statement. To the extent that a response is deemed required, Defendant's statement is denied, because it is the condition in which Defendant maintained the HVAC system while in possession of the premises that forms 2 ..{ the gravamen of Plaintiff's cause of action against Defendant. 31. Denied as a legal conclusion to which no response is required. 32. Denied as a legal conclusion to which no response is required. 33. Denied as a legal conclusion to which no response is required. By way of further response, it is the condition in which Defendant maintained the HVAC system while in possession of the premises that forms the gravamen of Plaintiff's cause of action against Defendant. 34. Denied as a legal conclusion to which no response is required. WHEREFORE, Plaintiff, Hampden Center, Inc., respectfully requests this Honorable Court enter judgment on its behalf and award damages in excess of $250,000 together with costs, fees, attorney's fees, and interest, and whatever other such remedy the Court deems just. DateVVU-J, `Ri 2oo? Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC Step . Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff .K VERIFICATION I, David F. Lavipour, Vice President for Hampden Center, Inc., being authorized to do so, verify that.the statements 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 the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. HAMPDEN CENTER, C. Date : 03 - /8 - 09 By Vice resident • 44 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: George B. Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 Date: N)c c.?, \ ? 2ctDC\ r, " . r1l Q Fri J ?.L? ? r - =! C - ? -al ,? GJ 'x7 " F:\FILES\Cli.U\13330 AM013330.1.pral Created: 9/20/04 0:06PM Revised: 3124/09 8:51AM 13330.1 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant HAMPDEN CENTER, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 09-335 : Civil Action - Law AMERICAN MULTI-CINEMA, INC., Defendant PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please substitute the attached original verification page for the verification page that was attached to Defendant's Answer with New Matter to Plaintiff's Complaint which was filed on March 9, 2009. MART N LAW OFFICES By: M 4 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 24, 2009 Attorneys for Defendant VERIFICATION I, Rena / L. 4rn , I/, cc of American Multi-Cinema, Inc., acknowledge I have the authority to execute this Verification on behalf of American Multi-Cinema, Inc., and certify the foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Answer with New Matter is that of counsel and not my own. I have read the document and to the extent the Answer with New Matter is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Answer with New Matter is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. American Multi-Cinema, Inc. -4rw // F:\FILES\C3ieMa\13330 AMM13330.1.ans1.wpd CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stephen C. Nudel, Esquire LAW OFFICES OF STEPHEN C. NUDEL, P.C. 219 Pine Street Harrisburg, PA 17101 MARTSON LAW OFFICES By. - a - I )-?( Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 24, 2009 N C' -, : ? `r' --? - -5 z - :?? ?, ..; tv , c?' ,., ? ?--?, - ?-? _ -- c, . LAW OFFICES STEPHEN C. NUDEL, PC Stepher. L. Nudel, Esquire Attorney IIJ #41703 Joseph ~~. Ricci. Esquire Attorney (D ~~19803 19 Pine Strcct Harrisburg. PA 17101 (? 17) 3 ~ti-500i~) IIAMPDEN t.'ENTER, INC., Plaintiff ~. AMF,RICAN MULTI-CINEMA, INC., Defendant f,` i ~ ~,, 1. _ ~ 1 ~~,, a ,~ , i , ~. .~ ~1~~,Jt6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSI'LVANIA NO. 09-33~ CIVIL ACTION -LAW WITHDRAWAL /ENTRY OF APPEARANCE "l~o the Prothonotary: Kindly withdraw the appearance of Bret Keisling, Esq. on behalf of Hampden Center, Inc. and enter the appearance of Joseph A. Ricci, Esq. on behalf of Hampden Center. Ins . Respectfully submitted, LAW OFFICE STEPHEN C. NUDEL_ PC ~- Date: r -~- '~, r. _ ' . , _ ~ ~ =_ --- Steph~l"C. e1, Esq. Pa. I~ # 41703 ~ Joseph A: -l~ee~-1~"sq. Pa. ID #49803 Law Office Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Counsel for Hamden Center, Inc. CERTIFICATE OF SERVICE .And now this 17`h day of October , 2012 I hereby certify that a copy of the foregoing Withdrawal /Entry of Appearance has been duly served upon the followin~~, by depositing a cope of the wine in the United States Mail, first-class, postage prepaid. at H,.irrishurg, Nennsylvania, as follows: George B. Faller, Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Joseph A. `~cci, Esquire ____ Lf\~~ OFFICES STEPHE1v G NUDEL, PC Stephe~~ C. Nadel, Esquire Attorney ID ~-1703 Joseph ~,. Ricci, Esquire Attorney ID #-19803 2l9 Pine Street H~3~risbur~~, Pit 17101 (7171236-000 HAMPDEN CENTER, INC., Plaintiff ~. AMERICAN MULTI-CINEMA, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PF,NNSYLVANIA NO. 09-~35 CIVIL ACTION - LA~JV STATEMENT OF INTENTION TO PROCEED To the. Court: Hampden Center, Inc intends to proceed with the above captioned matter. _._ Print Name: Joseph A.. Ricci Sign Name .-'~~-`~__ ~ J ~~"`""'`~~ J.---- ------- Date: C-ctober 17. 2012 Attorney for: Ha~~~Center. Inc. _ CERTIFICATE OF SERVICE And now this 17th day of October , 2012 I hereby certify that a copy of'the foregoing Statement of Intention to Proceed has been duly served upon the following:, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisb~irg, Pennsvlvar~ia, as follows: George B. Faller, Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 ,, ,, _ , ~, __.. , _.._ ~.. i, -._._-___- Joseph~~,. Ricci, Esquire ,~ LAW OFFICES STEPHEN C.NUDEL,PC ` '� "ft,. '` Stephen C.Nudel,Esquire P Attorney ID#41703 2u/3 / Utz f Joseph A.Ricci, Esquire 'Is ,4 P Attorney ID#49803 51 219 Pine Street Harrisburg,PA 17101 (717)236-5000 HAMPDEN CENTER, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-335 AMERICAN MULTI-CINEMA, INC., Defendant : CIVIL ACTION—LAW CERTIFICATE OF SERVICE And now this 3rd day of April, 2013, I hereby certify that a copy of the foregoing Answer of Plaintiff, Hampden Center, Inc. to Defendant, American Multi-Cinema, Inc. 's Interrogatories—Set I has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: George B. Faller, Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Or J. eph A. 11 ci vi y ' j it LAW OFFICES STEPHEN C.NUDEL,PC Stephen C.Nudel,Esquire Attorney ID#41703 2013 APR -Li PM 1: 57 Joseph A.Ricci,Esquire Attorney ID#49803 219 Pine Street Harrisburg,PA 17101 (717)236-5000 HAMPDEN CENTER, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-335 AMERICAN MULTI-CINEMA, INC., Defendant : CIVIL ACTION—LAW CERTIFICATE OF SERVICE And now this 3`d day of April, 2013, I hereby certify that a copy of the foregoing Answer of Plaintiff Hampden Center, Inc. to Defendant's Request for Production of Documents has been duly served upon the following,by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: George B. Faller, Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 seph A. '. ci