HomeMy WebLinkAbout10-0081FOUR LEMOYNE DRIVE ASSOCIATES,
LLC, Successor-in-Interest to
4 ASSOCIATES,
Plaintiff
V.
CRAIG W. BACHIK and
RENEE M. REGAL, d/b/a
KAIROS DESIGN GROUP,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.: (p - p$ ( 0,AW (&)-m
r.?
Confession of Judgment for Money
CONFESSION OF JUDGMENT WHERE ACTION
COMMENCED BY COMPLAINT
Pursuant to the authority contained in the warrant of attorney, the copy of which is
f _ -
attached to the Complaint filed in this action, I appear for the Defendants and confess judgment
in favor of the Plaintiff and against Defendants as follows:
a. Unpaid rent due for September 2009 - November 2009 $12,840.00
b. Late charges for September 2009 - November 2009 $642.00
c. Future Scheduled rents from December 1, 2009 -February 28, 2011 $53,058.00
d. Attorney's fees in the amount of 10% of all monies owed $6,654.00
Total Amount Due $73,194.00*
*Plus interest from date of judgment until Defendants' obligation is satisfied, plus costs of suit.
Respectfully submitted,
Date: / By:
Capozzi & Associates,-P.C.
A, ,d em! Esquire
Attorn I.D. 87441
2933 N. ront Street
Harrisburg, PA 17110
(717) 233-4101
Attorneys for Defendants
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FOUR LEMOYNE DRIVE ASSOCIATES,
LLC, Successor-in-Interest to
4 ASSOCIATES,
Plaintiff
V.
CRAIG W. BACHIK and
RENEE M. REGAL, d/b/a
KAIROS DESIGN GROUP,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.: ,Q C N:
Confession of Judgment for Money
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
NOW COMES, Four Lemoyne Drive Associates, LLC, successor-in-interest to 4
Associates, Plaintiff, by its attorneys, Capozzi & Associates, P.C., and files this Complaint in
Confession of Judgment for Money against the Defendants, Craig W. Bachik and Renee M.
Regal, for the following reasons:
1. Plaintiff, Four Lemoyne Drive Associates, LLC, is a Pennsylvania limited liability
corporation having its principal place of business located at 2933 North Front Street, Harrisburg,
Dauphin County, Pennsylvania, 17110, and is the Lessor and Successor-in-interest to 4
Associates ("Four Lemoyne Drive Associates").
2. Defendant, Craig W. Bachik, is an adult individual and Lessee doing business as
Kairos Design Group with a last known principal place of business at 4 Lemoyne Drive, Suite
201, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Defendant, Renee M. Regal, is an adult individual and Lessee doing business as
Kairos Design Group with a last known principal place of business at 4 Lemoyne Drive, Suite
201, Camp Hill, Cumberland County, Pennsylvania 17011.
4. On or about November 21, 2003, Defendants entered into a commercial lease
agreement (the "Lease") with 4 Associates with regard to premises known as Suite 201 in the
building situated at 4 Lemoyne Drive, Camp Hill, PA 17011 to be used for general office
purposes (the "Leased Premises"). A true and correct copy of the Lease is attached hereto and
incorporated herein as Exhibit "A."
5. On or about February 15, 2008, Defendants entered into a Fourth Amendment to
the Lease Agreement with Four Lemoyne Drive Associates, as the successor-in-interest to 4
Associates for the same purposes as referenced in Paragraph 4 above and to extend the Lease
term to February 28, 2011 ("Lease Extension Period"). A true and correct copy of the Fourth
Amendment to Lease Agreement is attached hereto and incorporated herein as Exhibit "B."
6. On or about December 8, 2008, the Parties agreed to a re-payment plan to allow
the Defendants to cure previous defaults in rent payments to allow them to stay current.
("Repayment Plan"). A true and correct copy of the Repayment Plan is attached hereto and
incorporated herein as Exhibit "C."
7. Paragraph 5 (Rent) of the Fourth Amendment to Lease Agreement provides that
the Defendants are obligated to make certain monthly payments to Four Lemoyne Drive
Associates through the end of the Lease Extension Period.
Paragraph 15 (Confession of Judgment) of the Lease authorizes the Confession of
Judgment against the Defendants for money due and owing to upon Defendants' default under
the terms of the Lease and upon Defendants' failure to cure such default after fifteen (15) days
written notice from Lessor.
9. Paragraph 15 of the Lease authorizes Lessor to confess judgment against
Defendants "for all or any part of the rent specified in this Lease and then unpaid including the
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rent for the entire unexpired balance of the term of this Lease, and/or other charges, payments,
costs, and expenses reserved as rent or agreed to be paid by Lessee, and for interest and costs
together with all attorney's fees and expenses incurred by Lessor."
10. Paragraph 5 (Late Charge) of the Lease provides that "[a]ny rent not received at
Lessor's principal office before the close of business of the 7t' day of the month shall be subject
to a 5% late charge."
11. Paragraph 13 (H) (Attorney's Fees) of the Lease authorizes Lessor to collect
reasonable attorney's fees of not less than 10% of all amounts owed and protected advances
under the Lease.
12. The Lease has not been released, transferred, or assigned by Four Lemoyne Drive
Associates or by the Defendants.
13. Judgment has not been entered against the Defendants in any jurisdiction.
14. This judgment is being entered in connection with a commercial transaction and is
not being entered by confession against a natural person in connection with a consumer credit
transaction.
15. Defendants defaulted on their obligation under the Lease by failing to make
payment when due since September 2009. A true and correct copy of the Account Summary
maintained by Four Lemoyne Drive Associates on the Lease is attached hereto and incorporated
herein as Exhibit "D."
16. On November 17, 2009, counsel for Four Lemoyne Drive Associates mailed to
Defendants a Default Notice as required under Paragraph 13(A) (Default) of the Lease. A true
and correct copy of the Default Notice is attached hereto and incorporated herein as Exhibit "E."
17. To date, Defendants have not cured the default.
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18. The amounts due under the Lease, including late charges and attorney's fees as
authorized by the Lease and the Addendum to Lease Agreement, are as follows:
a. Unpaid rent due for September 2009 - November 2009 $12,840.00
b. Late charges for September 2009 - November 2009 $642.00
c. Future Scheduled rents from December 1, 2009 -February 28, 2011 $53,058.00
d. Attorney's fees in the amount of 10% of all monies owed $6,654.00
Total Amount Due $73,194.00*
*Plus interest from date of judgment until Defendants' obligation is satisfied, plus costs of suit.
WHEREFORE, Four Lemoyne Drive Associates, LLC confesses judgment against
Defendants in the total sum of $73,194.00, plus post judgment interest and cost of suit.
Respectfully submitted,
Capozzi & Associate,% P.C.
Date:
By:
=:?= squire 2933 N. Front Street
Harrisburg, PA 17110
(717) 233-4101
Attorneys for Plaintiff
Four Lemoyne Drive Associates, LLC
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VERIFICATION
I, Joan Hoke, Business Office Manager for Four Lemoyne Drive Associates,
LLC, Successor-in-Interest to 4 Associates, do hereby verify that the facts made in the
foregoing Complaint in Confession of Judgment are true and correct to the best of my
knowledge, information and belief and that I am authorized to make this verification on
behalf of the Plaintiff. I understand that any false statements therein are subject to the
penalties contained in 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
Date: 1a-30.0 g qZktn "
Joan Hok
Four Lemoyne Drive Associates, LLC
1. PARTIES
This Agreement of Lease, made this fifth (5) day of November, 2003, between 4 J /
ASSOCIATES, 110 Sunset Avenue, Harrisburg, PA 17112, to be known as "Lessor",aid
CRAIG W. BACHIK and RENEE M. REGAL, 4 Lemoyne Drive, Suite 20L Camp'
Hill, PA 17011, to be known as "Lessee."
2. PREMISES
Witnesseth, that Lessor, in consideration of the rents and covenants hereinafte mentioned,
does demise and lease unto Lessee, all that certain space located at 4 Lemoyneve, Suite
201, Camp Hill, PA 17011, to be used for general office purposes (the "Premises"). The
rentable square footage of the Premises is deemed to be 2,515 square feet.
3. TERM
To have and to hold, unto Lessee, subject to the conditions of this Agreement for a five (5)
year term beginning on the earlier of: (a) the first (1) day of January, 2004 or (b) upon the
substantial completion of Lessor's space finishing work (the "Commencement Date") and
ending on the thirty-first (31) day of December, 2008. If the Lease commences on a day
other than the first day of a calendar month, the Rent for the month in which the Lease
begins shall be prorated and the monthly payment adjusted accordingly.
4. RENT
In consideration of which, Lessee agrees to pay to Lessor for the use of the Premises, the
sum as follows:
(A) For the period beginning on the first (1) day of January, 2004 and ending on the
thirty-first (31) day of December, 2004, the monthly rent payment amount shall be
$3,249.00.
(B) For the period beginning on the first (1) day of January, 2005, and ending on the
thirty-first (31) day of December, 2005, the monthly rent payment amount shall be
$3,346.00.
(C) For the period beginning on the first (1) day of January, 2006, and ending on the
thirty-first (31) day of December, 2006, the monthly rent payment amount shall be
$3,447.00.
(D) For the period beginning on the first (1) day of January, 2007, and ending on the
thirty-first (31) day of December, 2007, the monthly rent payment amount shall be
$3,550.00.
(E) For the period beginning on the first (1) day of January, 2008, and ending on the
thirty-first (31) day of December, 2008, the monthly rent payment amount shall be
$3,657.00.
(F) All payments payable in advance, on the first day of each calendar month during
the term. The first month's rent and security deposit is payable at the execution of
this Agreement. Payments should be made payable to "4 Associates".
5. LATE CHARGE
Any rent not received at Lessor's principal office before the close of business on the seventh m
(7) day of the month shall be subject to a five percent (5%) late charge. Payments, when c
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received by Lessor, shall be applied first to delinquent rents, utility and operating expense w
charges and late charges..
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6. PLACE OF PAYMENT
The rent reserved shall be promptly paid on the several times specified herein without
deduction or abatement, unless hereinafter provided to the contrary, at the principal office of
Lessor, located at 110 Sunset Avenue, Harrisburg, PA 17112, or such other address as
Lessor may from time to time designate in writing.
7. HOLDING OVER AS RENEWAL
A hold over by Lessee beyond the term of this Lease or any hereinafter duly authorized
additional term, or failure of Lessee to give written notice by certified mail of its intention to
vacate the Premises at the end of such term at least one-hundred and twenty (120) days
prior to such end of term or any hereinafter duly authorized term, shall, at the option of
Lessor, be deemed a renewal of this Lease on a year-to-year basis, with the renewal being
under and subject to all provisions contained in this Lease, time being of the essence of
giving of such notice; Such renewal shall be at the rental rate level prevailing at the end of
the term plus five percent (5.0%). Such renewal of this Lease caused by Lessee's holding
over can only be effectuated through written notice by Lessor to Lessee. Lessee
acknowledges that it shall not rely on any oral representation regarding the renewal of the
Lease term.
If Lessee retains possession of the Premises after the expiration or termination of the Lease
Term or termination of Lessee's right to possession of the Premises without the written
consent of Lessor, Lessee shall pay rent during such holding over at double the rate in effect
immediately preceding such holding over computed on a monthly basis for each month or
partial month that Lessee remains in possession of the Premises. Lessee shall also pay,
indemnify and defend Lessor from and against all claims and damages sustained by Lessor
by reason of Lessee's holding over, including reasonable attorney's fees.
The provisions of this Paragraph do not waive Lessor's right of re-entry or right to regain
possession by actions at law or in equity, or any other rights hereunder, and any receipt of
payment by Lessor shall not be deemed a consent by Lessor to Lessee's remaining in
possession or be construed as creating or renewing any lease or right of tenancy between
Lessor and Lessee.
8. SERVICES
(A) BUILDING SERVICES
Lessor agrees to provide the following services: standard electric, heating, air-
conditioning, water, sewer rental, real estate taxes, building insurance, building
maintenance, HVAC equipment maintenance, refuse collection, common area
maintenance, landscape maintenance and snow removal.
(B) HOURS OF OPERATION; EQUIPMENT USAGE
Multiple shifts of operation, extended operating hours, excessive equipment usage
or any other activity in the Premises which results in operating expenses above the
standard amount shall require a reimbursement by Lessee to Lessor for this
additional operating cost.
(C) REFUSE COLLECTION
Lessee is strictly prohibited from utilizing the refuse containers for any type of
refuse generated from the Premises except for normal day-to-day typical office
related refuse. This prohibition specifically includes refuse generated from moving
in or out of the Premises (i.e., large quantities of cardboard boxes and/or containers,
packing materials, wooden crates, unwanted furniture or office equipment, etc.) and
refuse generated from the cleaning and/or purging of files from the Premises
("Non-Standard Refuse Removal"). In the event Lessee requires a refuse container
for its Non Standard Refuse Removal, Lessee shall make arrangements with Lessor
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for the placement of an additional container to be placed at the Building for Lessee's
use. All costs associated with Lessee's Non Standard Refuse Removal shall be at
the sole cost and expense of Lessee. It is understand that such placement of an
additional container shall be on a short-term basis only and the location and
placement of an additional container shall be directed by Lessor at it's sole
discretion.
(D) INTERIOR SUITE JANITORIAL
Janitorial service inside the Premises is the responsibility of the Lessee. The
janitorial service shall conform to guidelines established by Lessor, which shall be
reasonable and shall reflect the manner and intensity of the use of the Premises and
shall conform to reasonable and generally accepted commercial practices. For care
of the floorcovering, this specifically requires the use of chair pads/mats and
following the carpet maintenance / VCT maintenance / cleaning procedures
established by Lessor. Lessee shall maintain the Premises at its own expense in a
clean, orderly and sanitary condition, free of insects, rodents and other pests and
shall not permit undue accumulation of garbage, trash, rubbish and other refuse, but
shall remove from the Premises the same at its own expense and shall keep such
refuse in proper containers as set forth in Paragraph 8 (C) of this Lease.
(E) SERVICE PROVIDERS
Lessor reserves the right to select pre-approved service providers ("Providers") for
any or all of the following: Bottled water delivery, janitorial service,
telecommunications wiring, satellite dish installation and wiring, and/or any other
service or product routinely supplied to/delivered to commercial office tenants.
Lessor shall notify Lessee of the Providers from time to time, and Lessee shall use
only the Providers for any goods or services for which a Provider has been selected.
The quality and cost of the Provider's service shall be in keeping with the usual and
customary charges of other businesses offering equivalent goods and/or services in
the area.
9. NEGATIVE COVENANTS OF LESSEE
(A) WASTE, DAMAGE, OR INJURY TO PREMISES; RESTORATION
No waste, damage or injury to the Premises shall be committed, and at the end of the
term the Premises shall be restored, at the option of Lessor, to the same condition in
which it was at the commencement of the term, and the cost of said restoration shall
be paid by Lessee, which cost shall be treated as additional rent due and owing
under the terms of this lease. This paragraph is subject to the exceptions of ordinary
wear and tear, and unavoidable damage by fire, elements, casualty, or other cause or
happening not due to Lessee's negligence.
(B) LAWFUL POSSESSION; FIRE PRECAUTIONS; MACHINERY
WEIGHTS
Lessee shall not carry on any unlawful or immoral business in or about the
Premises, and shall not carry on any business which will endanger the building from
fire or cause a forfeiture of any fire insurance that Lessor has or may hereafter have
on the Building. Lessee shall not conduct activities which would cause a forfeiture
of any fire insurance. Lessee shall not operate any machinery or equipment that
may be harmful to the building, or disturbing to other occupants of the building, nor
place weights in any portion of the Premises beyond the safe carrying capacity of
the structure.
(C) SIGNS
Lessee shall not place any signs upon the exterior of the Premises nor cause any
lettering of any kind whatsoever to be placed upon the outside windows of the
Premises. Lessee will be identified by name and business on any sign or directory
to be placed outside or inside the building by Lessor for the purpose of identifying
tenants, at the expense of the tenant. It is understood that the Lessee shall then
become responsible for the purchase, erection, maintenance and liability of such
signs.
(D) ALTERATIONS AND IMPROVEMENTS
Lessee shall not have the privilege of improving or altering the Premises for Lessee's
own purposes, unless Lessor approves any proposed improvement(s) in writing, and
improvements are made at Lessee's expense, other than as provided prior to
occupancy.
(E) ASSIGNING, ETC., BY LESSEE
Lessee shall not, without first obtaining the prior written consent of Lessor: (i)
assign, convey or otherwise transfer this Lease or any interest hereunder, or sublease
the Premises, or any part hereof, whether voluntarily or by operation of law; or (ii)
permit the use of the Premises by any person other than Lessee and its employees.
Any such transfer, sublease or use described in the preceding sentence (a
"Transfer") occurring without the prior written consent of Lessor shall be void and
of no effect. Lessor's consent to any Transfer shall not constitute a waiver of
Lessor's right to withhold its consent to any future Transfer. Lessor's consent to
any Transfer or acceptance of rent from any parry other than Lessee shall not release
Lessee from any covenant or obligation under this Lease. Lessor's consent to any
Transfer shall not relieve Lessee's liability to Lessor for the payment of rent and
other sums and for the performance of all obligations of Lessee under this Lease.
Lessor shall require, as a condition to its consent to any Transfer, that the Lessee
and assignee execute an instrument which sets forth that Lessee shall not be released
from its obligations under the Lease and that assignee shall assume and agree to
fulfill, observe and perform each and every covenant and obligation under the Lease
from and after the effective date of such assignment.
In the event of a subletting of the Premises, Lessor shall, at its sole discretion,
designate the real estate broker which will market the Premises.
(F) TELEPHONE & COMPUTER WIRING
If the Lessee desires to introduce telephone wires and computer wires, the Lessor
will direct the manner of placing of same and without such direction, no installation
of any such wiring will be permitted. The attaching of wires to the outside of the
building is absolutely prohibited.
(G) FIBEROPTIC COMMUNICATIONS
If the Lessee desires to introduce certain fiberoptic communication services into the
Premises and/or Building, the Lessor will direct the manner of placing of same and
without such direction, no installation of any such cabling will be permitted.
In the event the Building is equipped with fiberoptic communication capabilities,
Lessee shall utilize the service provider which is currently in place at the Building.
Lessee shall be solely responsible for all costs associated with such installation and
utilization of such communication services.
In the event the Building is not equipped with fiberoptic communication capabilities,
Lessor shall, at its sole discretion, designate which communication service provider
is to be utilized at the Building. Lessee shall be solely responsible for all costs
associated with such installation charges incurred to equip the Building with
fiberoptic communication services, and all costs associated with the utilization of
such service.
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Lessee further agrees that it shall be solely responsible for any and all damages
which are incurred at the Building and/or Premises due to the installation of such
service.
(H) SATELLITE DISH / ROOF TOP ANTENNAS
In no event shall any installation of satellite dishes or roof top antennas be installed
at the Building in which the Premises are located without obtaining in each instance
Lessor's prior written consent. All such installations shall be performed at Lessee's
expense by Lessor or Lessor's contractors, or, with prior written consent of Lessor,
may be performed by Lessee, at its expense, with contractors approved by Lessor
and under such rules and procedures as Lessor may prescribe. Upon obtaining
Lessor's consent to such installation, Lessor shall provide to Lessee a separate
agreement ("License Agreement") which will grant Lessee the right to utilize the
additional area under the terms and conditions as contained in the License
Agreement. Lessee shall pay to Lessor in addition to its monthly rent payment as
defined in Paragraph 4 of this Lease, a monthly usage fee which shall be determined
at the time of Lessor's approval of the installation.
(1) LOCKS
It is agreed and understood that Lessor shall maintain, at all times, the Premises and
the Building (including exterior and interior door locks) on its master keying
system. Lessee shall not have the privilege of placing or causing to be placed any
additional locks or bolts of any kind upon any of the doors or windows, nor shall
any changes be made to any locks or the locking mechanisms therein, without
Lessor's approval. Lessee shall not place or cause to be placed any interior locking
and/or custom locking without Lessor's approval. Any interior or other custom
locking desired by Lessee shall be performed by Lessor and/or its subcontractor.
Lessee shall reimburse Lessor for all costs incurred by Lessor associated with such
installation. Any changes or re-keying of the locks will be at the sole expense of the
Lessee.
The doors leading to the corridors or main halls shall be kept closed during
business hours except as they may be used for ingress or egress. Each Lessee shall,
upon the termination of its tenancy, restore to Lessor all keys of offices, storage and
toilet rooms either furnished to, or otherwise procured by, such Lessee, and in the
event of the loss of any keys so furnished, such Lessee shall pay to Lessor the
replacement cost thereof.
10. LESSOR'S RIGHTS
(A) RIGHT OF INSPECTION
It is agreed and understood that Lessor, Lessor's duly authorized agents, contractors,
and employees may enter the Premises at reasonable times during the term, for the
purposes of inspection, maintenance work, and to show the premises to prospective
tenants.
(B) RULES AND REGULATIONS
Lessee shall observe and comply and shall cause its subtenants, assignees, invitees,
employees, contractors and agents to observe and comply, with the rules and
regulations listed on Exhibit A attached hereto and with such reasonable
modifications and additions thereto as Lessor may make from time to time. Lessor
shall not be liable for failure of any person to obey such rules and regulations
against any person, and the failure of any person to obey such rules and regulations
shall not constitute a waiver thereof or relieve Lessee from compliance therewith.
No rule or regulation shall be arbitrary, but shall be reasonable in every respect.
Strict adherence to these rules and regulations is necessary to guarantee that each
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and every tenant will enjoy a safe and undisturbed occupancy of its premises in the
Building.
Smoking is prohibited inside both the Premises and in the Building. Parking
quantity and location shall be regulated by Lessor.
11. RESPONSIBILITY OF LESSEE
(A) DAMAGES OR INJURY TO PROPERTY
All damages or injuries done to the Premises by Lessee and/or Lessee's customers,
clerks, servants, agents, employees, visitors of Lessee, and individuals for whom
Lessee is responsible, other than those caused by ordinary wear and tear, shall be
repaired by Lessee under the direction of Lessor at the expense of Lessee. Lessee
covenants and agrees to make such repairs upon twenty (20) days written notice
given to Lessee by Lessor, and if Lessee shall neglect to make said repairs or
commence to make the same promptly or complete the same within twenty (20) days
after receiving such notice, Lessor shall have the right to make such repairs at the
expense and cost of Lessee, and the amount thereof may be collected as additional
rent accruing for the month following the date of the said repairs, and if said
expense is made at the expiration of the term, then the cost so made may be collected
by the Lessor as an additional rent for the use of the Premises during the entire
term.
(B) PAYMENT OF JUDGMENTS, ETC.
Lessee shall bear, pay and discharge when and as the same become due and payable
all judgments and lawful claims for damages or otherwise against Lessor, arising
from Lessee's use or occupancy of the Premises, and will assume the burden and
expense of defending all such suits, whether brought before or after the expiration
of this Lease, and will protect, indemnify and save harmless Lessor, or Lessor's
agents, servants and employees by reason of or on account of the use or misuse of
the Premises, or any part thereof, due to the negligence of Lessee and/or Lessee's
agents, clerks, servants, employees, visitors, customers, and individuals for whom
Lessee is responsible.
(C) DISCHARGE OF LIABILITY
In consideration of securing this Lease at the above-stated rent, Lessee does hereby
release and discharge the Lessor, its agents, servants and/or employees, and said
Lessor's successors and/or assigns, from any and all liability by reason of any
injury, loss and/or damage to any person and/or property in the demised premises,
whether belonging to Lessee or any other person, caused by any fire, the breaking,
bursting, stoppage and/or leakage of any water pipe, gas pipe, sewer, basin, water
closet, steam pipe and drain in any part or portion of the Premises and/or any part or
portion of the building, of which the Premises is a part, and from all liability for any
and all injury, loss and/or damage caused by the water, gas, steam, waste and
contents of said water pipes, gas pipes, steam pipes, sewers, basins, water closets and
drains, or from any kind of injury, loss and/or damage which may arise from any
other cause on the premises or in the building, unless directly attributable to Lessor's
negligence.
12. RESPONSIBILITY OF LESSOR
(A) PARTIAL OR TOTAL DESTRUCTION OF PROPERTY
In the event that the Building or the Premises shall be totally or substantially
damaged by fire or other casualty or happening, this Lease shall not terminate, but in
such event Lessor agrees to repair, restore or rebuild the Premises, as the case may
be, subject to the availability of insurance proceeds. Lessor's obligation to restore
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the Premises shall be limited to restoring those improvements in the Premises as of
the date of such fire or other casualty which were made at Lessor's expense and
shall exclude any furniture, fixtures, equipment, additions, alterations or
improvements in the Premises which were made at Lessee's expense. The rent
payable hereunder shall entirely abate in the case where the Premises is substantially
destroyed or so damaged as to be rendered untenantable until the Premises shall
have been restored, repaired, or rebuilt, as the case may be, and put in proper
condition for use and occupancy. The rent payable hereunder shall abate for that
part of the Premises which is untenantable, or if it is not substantially destroyed but
rendered partially untenantable, on a per diem basis from the date of such fire or
other casualty until Lessor has substantially completed its repair and restoration
work, provided Lessee does not occupy such part of the Premises during said
period. Partial destruction shall be restored within ninety (90) days from the date of
destruction and complete destruction shall be completely rebuilt within one-hundred
and twenty (120) days from the date of destruction to the extent feasible. In the
event the Building or the Premises cannot be repaired, restored or rebuilt as
aforesaid, and Lessor is not diligently pursuing such repair and restoration work,
Lessee's sole remedy shall be the right to cancel and terminate this Lease without
further liability on the part of either party.
(B) DAMAGE FOR INTERRUPTION OF USE
Lessor shall not be liable for any damage, compensation or claim by reason of
inconvenience or annoyance arising from the necessity of making repairs, alterations
and/or additions to any portion of Premises, the interruption in the use of the
Premises, or the termination of this Lease by reason of the destruction of the
Premises.
13. LESSEE'S DEFAULTS AND REMEDIES OF LESSOR
(A) DEFAULT
The occurrence of any of the following shall constitute a default (a "Default") by
Lessee under this Lease: (i) Lessee fails to pay any Rent when due and such failure
is not cured within fifteen (15) days from the date of the notice from Lessor; (ii)
Lessee fails to perform any other provision of this Lease and such failure is not
cured within thirty (30) days (or immediately if the failure involves a hazardous
condition) after notice from Lessor; (iii) the leasehold interest of Lessee is levied
upon or attached under process of law; (iv) Lessee or any guarantor of this Lease
dies or dissolves; (v) Lessee abandons or vacates the Premises; or (vi) any voluntary
or involuntary proceedings are filed by or against Lessee or any guarantor of this
Lease under any bankruptcy, insolvency or similar laws and, in the case of any
involuntary proceedings, are not dismissed within sixty (60) days after filing.
(B) RIGHT OF RE-ENTRY
Upon the occurrence of a Default, Lessor may elect to terminate this Lease, or,
without terminating this Lease, terminate Lessee's right to possession of the
Premises. Upon any such termination, Lessee shall immediately surrender and
vacate the Premises and deliver possession thereof to Lessor. Lessee grants to
Lessor the right to enter and repossess the Premises and to expel Lessee and any
others who may be occupying the Premises and to remove any and all property
therefrom, without being deemed in any manner guilty of trespass and without
relinquishing Lessor's rights to Rent or any other right given to Lessor hereunder or
by operation of law.
(C) RELETTING
If Lessor terminates Lessee's right to possession of the Premises without
terminating this Lease, Lessor may relet the Premises or any part thereof. In such
case, Lessor shall use reasonable efforts to relet the Premises on such terms as
7
Lessor shall reasonably deem appropriate; provided, however, Lessor may first lease
Lessor's other available Premises and shall not be required to accept any Lessee
offered by Lessee or to observe any instructions given by Lessee about such
reletting. Lessee shall reimburse Lessor for the costs and expenses of reletting the
Premises including, but not limited to, all brokerage, advertising, legal, alteration and
other expenses incurred to secure a new Lessee for the Premises. In addition, if the
consideration collected by Lessor upon any such reletting, after payment of the
expenses of reletting the Premises which have not been reimbursed by Lessee, is
insufficient to pay monthly the full amount of the Rent, Lessee shall pay to Lessor
the amount of each monthly deficiency as it becomes due. If such consideration is
greater than the amount necessary to pay the full amount of the Rent, the full amount
of such excess shall be retained by Lessor and shall in no event be payable to
Lessee.
(D) NON-WAIVER
No waiver by Lessor of any breach by Lessee or any of Lessee's obligations,
agreements or covenants herein shall be a waiver of any subsequent breach or of any
obligation, agreement or covenant, nor shall any forbearance by Lessor to seek a
remedy for any breach by Lessee be a waiver by Lessor of any rights and remedies
with respect to such or any subsequent breach.
(E) TERMINATION OF LEASE
If Lessor terminates this Lease, Lessor may recover from Lessee and Lessee shall
pay to Lessor, on demand, as and for liquidated and final damages, an accelerated
lump sum amount equal to the amount by which Lessor's estimate of the aggregate
amount of Rent owing from the date of such termination through the Expiration
Date plus Lessor's estimate of the aggregate expenses of reletting the Premises,
exceeds Lessor's estimate of the fair rental value of the Premises for the same period
(after deducting from such fair rental value the time needed to relet the Premises and
the amount of concessions which would normally be given to a new Lessee), both
discounted to present value at the rate of six percent (6%) per annum.
(F) RIGHTS AND REMEDIES CUMULATIVE
No right or remedy herein conferred upon or reserved to Lessor is intended to be
exclusive of any other right or remedy provided herein or by law, but each shall be
cumulative and in addition to every other right or remedy given herein or now or
hereafter existing at law or in equity or by statue.
(G) OTHER REMEDIES
Lessor may but shall not be obligated to perform any obligation of Lessee under
this Lease; and, if Lessor so elects, all costs and expenses paid by Lessor in
performing such obligation, together with interest at the Default Rate, shall be
reimbursed by Lessee to Lessor on demand. Any and all remedies set forth in this
Lease: (1) shall be in addition to any and all other remedies Lessor may have at law
or in equity, (ii) shall be cumulative, and (iii) may be pursued successively or
concurrently as Lessor may elect. The exercise of any remedy by Lessor shall not
be deemed an election of remedies or preclude Lessor from exercising any other
remedies in the future.
(H) ATTORNEY'S FEES
Lessee shall be liable to Lessor for all costs and expenses, including reasonable
attorney's fees of not less than ten percent (10%) of all amounts owed and
protective advances, incurred by Lessor in protecting or enforcing its rights under
the Lease upon any default by Lessee with regard to any of Lessee's obligations
under the Lease.
(1) SURRENDER
Upon the default of this Lease by Lessee or termination of this Lease prior to the
expiration of the Term or Lessee's right to possession of the Premises, Lessee shall
return the Premises to Lessor in good order and condition, ordinary wear and
damage by fire or other casualty excepted. Lessor, at its option, may require Lessee
to remove any alterations which were made by Lessor on behalf of Lessee, such
removal shall be done in a good and workmanlike manner; and upon such removal
Lessee shall restore the Premises to its condition prior to the installation of such
alterations. If Lessee does not remove such alterations after being requested to do
so by Lessor, Lessor may remove the same and restore the Premises; and Lessee
shall pay the cost of such removal and restoration to Lessor upon demand. Lessee
shall also remove its furniture, equipment, trade fixtures and all other items of
personal property from the Premises prior to the termination of the Term or
Lessee's right to possession of the Premises. If Lessee does not remove such
items, Lessee shall be conclusively presumed to have conveyed the same to Landlord
without further payment or credit by Lessor to Lessee; or at Lessor's sole option
such items shall be deemed abandoned, in which event Lessor may cause such items
to be removed and dispensed of at Lessee's expense, without notice to Lessee and
without obligation to compensate Lessee.
14. ACCEPTANCE OF NOTICE TO QUIT; DISPOSSESSION; WAIVER OF
REMEDIES BY LESSEE; WAIVER OF DEMAND
Lessee hereby accepts notice to quit, remove from, and surrender up possession of, the
Premises to Lessor at the expiration of the term hereof, whenever it may be determined. On
failure to pay rent due for fifteen (15) days, or upon breach of any other condition of this
Lease, as possibly modified by Section thirteen (13) hereof, despite the distraint, Lessee
shall be a nontenant, subject to dispossession by Lessor, without further notice or process
of law, with release of error and of damages, and Lessor may re-enter the premises and
dispossess Lessee without thereby becoming a trespasser. Lessee hereby waives the
benefit(s) of all exemption laws of this Commonwealth that now are in force or may
hereinafter be in force, or in any action or actions that may accrue on this Lease, and in any
distress or distresses that may be made for collection of the whole of said rent, or any part
thereof. Lessee does also hereby waive any and all demand for payment of the rent herein
provided for, either on the day due or on any other day, either on the land itself or in any
other place, and agrees that such demand shall not be a condition of re-entry or of recovery
of possession without legal process or by means of any action or proceeding whatsoever.
15. CONFESSION OF JUDGMENT
If rent and/or charges hereby reserved as rent shall remain unpaid for fifteen (15) days
beyond any day when the same ought to be paid, and after fifteen (15) days written notice
from Lessor, Lessee hereby empowers any Prothonotary or Attorney of any Court of
Record to appear for Lessee; in any and all actions which may be brought for rent and/or
the charges, payments, costs and expenses reserved as rent, or agreed to be paid by Lessee
and/or to sign for Lessee an agreement for entering in any competent court an amicable
action or actions for the recovery of rent or other charges or expenses, and in said suit(s) or
in said amicable action or actions to confess judgment against Lessee for all or any part of
the rent specified in this Lease and then unpaid including the rent for the entire unexpired
balance of the term of this Lease, and/or other charges, payments, costs and expenses
reserved as rent or agreed to be paid by Lessee, and for interest and costs together with all
attorney's fees and expenses incurred by Lessor. Judgment in ejectment as herein provided
may be entered concurrently therewith. Judgment may be confessed repeatedly until any
deficiency is collected.
16. EJECTMENT
If rent and/or charges hereby reserved as rent shall remain unpaid for fifteen (15) days
beyond any day when the same is due, and after fifteen (15) days written notice from
Lessor, it is agreed that an amicable action of ejectment may be entered in the Court of
Common Pleas, in which Lessor shall be Plaintiff and Lessee, and all who come into
9
possession during the term or continuance of this Lease or under this Lease shall be
Defendants, and Lessee hereby authorizes and empowers any attorney of any court of
record to appear for Lessee in such amicable action of ejectment and to confess judgment
therein in favor of Lessor for possession of the leased premises, and Lessee further
authorizes the immediate issuance of a writ of possession to Lessor without leave of court.
Lessor shall have the right to concurrently confess judgment for money and for possession.
17. CONSENT TO JURISDICTION
Lessee hereby consents to the jurisdiction and venue of the Courts of Common Pleas of
Dauphin County, Pennsylvania and/or the United States District Court for the Middle
District of Pennsylvania in any and all actions or proceedings arising from this Lease and
irrevocably agrees to service of process by personal service upon Lessee, wherever Lessee
may be located or by certified or registered mail, return receipt requested, directed to Lessee
at its last known address.
18. REMEDIES CUMULATIVE
All remedies of Lessor herein shall be cumulative and concurrent.
19. POSSESSION DEFINED
Possession of the Premises includes the exclusive use of the same, together with the use, in
common with any other occupants of the Building, of the hallways, stairs, toilet rooms,
water, and parking area.
20. CONDEMNATION
In the event that the Premises or any part thereof is taken or condemned for a public or
quasi-public use, this Lease, shall, as to the part so taken, terminate as of the date title shall
vest in the condemnor, and rent shall abate in proportion to the square feet of lease Premises
taken or condemned, or shall cease if the entire Premises be so taken. If a part taken
substantially and unreasonably interferes with the function and efficiency of Lessee's
business, Lessee may terminate this Lease on the remaining portion of the Premises, by
delivering thirty (30) days written notice to Lessor. In any event, Lessee waives all claims
against Lessor by reason of the complete or partial taking of the Premises.
21. SUBORDINATION
The rights and interests of Lessee under this Lease shall be subject and subordinate to any
mortgage(s) that may be placed upon the Premises and to any and all advances to be made
thereunder, and to the interest thereon, and all renewals, replacements and extensions
thereof.
22. ASSIGNMENT BY LESSOR
Lessor may assign its interest in this Lease, or any part thereof, and such assignee shall
thereupon be deemed Lessor hereunder.
23. QUIET ENJOYMENT
Lessee, upon paying the said rent and performing the covenants of this Lease, on its part to
be performed, shall and may peaceably and quietly have, hold and enjoy the Premises for
the term aforesaid and any herein duly authorized additional term, subject, however, to the
exceptions, reservations and conditions of this Lease. Lessor hereby reserves the right to
prescribe, at its sole discretion, reasonable rules and regulations governing the use and
enjoyment of the Premises and the remainder of the Property. Lessee shall adhere to the
rules and regulations and shall cause its agents, employees, invitees, visitors and guests to
do so.
24. SECURITY DEPOSIT
Upon the execution of this Lease, Lessee shall deposit with Lessor a security deposit of
$3,249.00 for the performance of all terms, covenants and conditions of this Lease. Lessee
agrees to forfeit said security deposit to Lessor upon failure to completely satisfy any
10
and/or all terms and covenants of this Lease Agreement. This deposit shall be non-interest
bearing and will be retained in its entirety for the full term of this Lease.
25. SUBSTITUTION OF OTHER PREMISES
At any time hereafter, Lessor may upon thirty (30) days' prior notice to Lessee, substitute
for the Premises other Premises in the Building or into any other building which is owned
and/or managed by Lessor or any other entity owned by Lessor (the "New Premises"),
provided that the New Premises shall be reasonably usable for Lessee's business
hereunder; and, if Lessee is already in occupancy of the Premises, then in addition Lessor
shall pay the expenses of moving Lessee from the Premises to the New Premises and for
improving the New Premises so that they are substantially similar to the Premises.
26. RENEWAL OPTION
Lessee shall have the right and option of renewing this Lease upon the same terms and
conditions as herein contained, for one (1) additional three (3) year period, Provided that:
(A) The rental paid during the renewal term shall be the rental paid at the end of the
original term, in addition to an annual adjustment to be negotiated with the Lessor.
(B) Lessee is not in default hereunder.
(D) Lessee gives written notice by certified mail or nationally recognized overnight
courier of its exercise of this option not less than one-hundred, twenty (120) days
prior to the expiration of the original term or any hereinbefore duly authorized
additional term, time being of the essence of giving of such notice.
27. NOTICES
All notices and demands to be given one party to the other party under this Lease shall be
given in writing, mailed or delivered to Lessee or Lessor, as the case may be, at the address
set forth above or at such address as either party may hereafter designate. Notices shall be
delivered by hand, or by Unites States certified or registered mail, postage prepaid, return
receipt requested, or by a nationally recognized overnight air courier.
28. LEASE CONTAINS ALL AGREEMENTS
It is expressly understood by the parties that the whole agreement between them is
embodied in this Lease (executed in duplicate), and that no part or items are omitted, unless
the same be hereinafter modified by written agreement(s).
29. HEIRS, ETC.
This Lease shall be binding upon the parties hereto and their respective successors and/or
assigns.
30. HEADINGS NO PART OF LEASE
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Lease, nor
shall they affect its meaning, construction or effect.
11
IN WITNESS WHEREOF, 4 ASSOCIATES, as Lessor, has caused this instrument to be
signed on the date and year first below written.
DATE: // I -)-4 t3
WITNESS: BY:
e?Y-
NORMAN K. A. HOFFER, PARTNER
TAX ID #:
IN WITNESS WHEREOF, CRAIG W. BACHIK and RENEE M. REGAL, as Lessee, has
caused this instrument to be signed on the date and year first below written.
r
DATE:
WITNESS:
BY: -&6, U
R E M. REGAL, ESSEE
SSN #: (68- b2 -548
12
SSN #:_? ?Z
03 d WED 15:18 FAX 717 920 5902 Kairos Design Group 2002/003
104!2009 11:10 N0.780 9002
FOU.?? AMEN?aMENT TO LEASE AGTtEEMEN'i`
THIS FOURTH AMENDMENT TO LEASE AGREEMENT (the "Amendment") is
made as of this fifteenth (15) day of Febriiaty, 2008 by and between FOUR LEMOYNE
DRIVE ASSOCIATES, LLC, successor in interest to 4 ASSOCIATES, 2933 N. Front Street,
Harrisburg, PA 17110 (the. "Lessor") and CRAIZT W. RACWK and RENEE M. REGAL, 4
Lemoyne Drive, Suite, 201, .Lemoyne, PA 17043 (the "Lessee").
'JVIT:INWSETH:
WHEREAS, Lessor and Lessee have entered into a Commercial Lease dated November
5, 2003, as amended by a Fast Amendment to Lease Agreement dated November 5, 2003, a
Second Amendment to Lease Agreement dated March 3, 2004 and a Third Amendment to Lease
Agreement dated August 2, 2005 (together as amended to be known as the "Lease") for premises
known as 4 Lemoyne Drive, Suite 201, Lemoyne, PA-.-J7043 (the "Premises"). The total
rentable area of the Premises is deemed to be 3,947 square feet; and
Wf W1 FAS, all terms defined in the f asQ (?all aav-e `he Duna meanings whezt referred
to herein; and,
WHEREAS, esser and Lessee desire to amend the Lease to provide for the expansion of
Lessee's office space in the Building; upon the tears and conditions set forth below,
NOW, THEk-EFORE, in r:ordsidelation of the foregoing premises and the mutual
promises and covenants hereiuafter contained, the par#ies hereto, intending to be legally bound
hereby agree as follows:
1. INC(1ItMRAnONE'
herein by reference, ?' t?E_MISE5. Tf??: foregoing reciiits acre u?.comzated
.
1 $ . 71we rase shall be extended for an additional term of two (2) years
begiaWng on. the first (1 day ,or March, 2009 and ending on the twenty-eighth (28) day (-if
February, 2011 (the `Lease: Extension P"erzod").
3. DUC1II Rr 0F p'RENIISES. Beginni g o-,a the ;first (f) day of Match, 1,008
(the "Commencement Date'"), the pease shall be amended ti) reflect Lessee's return of all that
certain space formerly known as 4 .Lemoyne Drive, Suite 21Y0 , Lemoyne, PA 17043 (the
"Reduced Area"). The tote, :€eutable area of the Reduced Area is deemed to be 1,432 square feet.
Prior to the Commencement Date, Lessee shall return the Reduced Area to Lessor-
Lessee shall be solely responsible for all costs a.ud expenses associated with its return of the
Reduced Area, including spF.c ally, but not limited to, the removal of Lessee's personal.
property, equipnerit; ibimit9.ure, sigmige and the removal of telephone and computer :system
equipment.
4. ME. Beginning on the Catnmenc;emer't Date, Paragraph 2 of the ease
shall be deleted in its en:tircty and replaced with the .to1lowi3a; F:
"Witnesse-th, th,lt `1 ssor,, in consideration of the rent; ,nd covenants herei ne?r
m0utloned, does demise and lease unto 1..,_;,see, all *hat cextaiA
Pace located at 4 Lemoyne Drive,
Suite 201, 7 en?oyne, Z'A :1704 , to be used fox geretal officF;parposes (the "Premises"). "Me
total rentable area of the pr n=' es is deeme,:1 to 2. 15 square feet.
5. . Tiegi APing on the CmJnen(-.:tnent Date:,. Pwagraph 4 of the Lea$-- shall be
amended_ as follows:
H
a) For the period begin"ing on the fast (1) ciey of march, 2008 and ending on. the m
twenty-eighth (28) day of February, 2009, the monthly rent payment shalt. be K m
$3,353.(3(1.
W
.*swaa
0.`. !D8 WED 15:18 PAX 7.17 920 5902 Kairos Design Group Z003/003
031041'2008 11:10 NO. 780 D003
b) For the period beginning on the first (1) day of March, 2009 and ending on the
twenty-eighth (29) day of February, 2010, the monthly rent payment skull be
$3,454.00.
c) For the period begin niug on the fast l,) day of March, 2010 and ending on the
twenty-eighth (28) day of February, 2011, the monthly rent payment shall be
$3,558.00.
6. EXECUTION &ND_DELTVERY. Submission of this Amendment for
examination or signatum by Lessee is neither an offer, an option for lease, a reservation of space
nor a contract No party shall have any legal rights or obligations on account of this
Amendment, and no parry shall rely upon this Amendment unless and until fill execution of this
Amendment Lessor shall never be obligated to execute this Amendment or liable for its failure
or refusal for any reason or no reason to do so, even after extended negotiations and/or
agreement in principle and, or execution or acceptance of proposals, terms sheets or letters of
intent.
7. RAT?'I. N- F LEASE. This Amendment shall be construed in
conjunction with the Lease and, except as amended hereby, all of the terms, covenants acid
conditions of the Lease shall remain in. full force and effect and are. hereby ratified and
confirmed.
IN WrINBSSS VV 1iF OF, Lessor and Lessee have caused this First Amendment to
Lease to be executed by their duly authorized representatives on the clay and year above written-
WITNESS:
LESSOR:
FOUR LIE
-IT'S, LLC
By, ?' #WZC, "
WITNESS:
WITNESS:
y' icy: _ lu H don,
Renee M, Regal, essee
RENEE fVL RL( r*-L
FOUR LEMOYNE DRIVE ASSOCIATES, LLC
2933 NORTH FRONT STREET
HARRISBURG, PA 17110
717-233-4101
November 19, 2008
Craig Bachik & Renee Regal
Kairos Design Group
Suite 201
Four Lemoyne Drive
Lemoyne, PA 17011
Re: Revised Delinquent Rent
Suite 201 at Four Lemoyne Drive
Dear Craig and Renee:
I spoke with Mr. Capozzi and he agreed to the change in the monthly rent payment from
$5280 to $4280. Before November 30, 2008 we will need $4,280 as your payment for
November 2008.
Each month thereafter you will need to pay us $4280 per month until your rent is caught
up to date. The amount of $4280 needs to be in our office before the end of each month. As
previously stated the amount of rent and late fees due as of November 2008 is $17,893.
If we do not receive the $4280 per month you will need to vacate the property in
accordance with the terms of your lease. Moreover, we will take action to collect the past due
rent. Please sign below as your acceptance of this agreement.
Sincerely,
aa•1?-,, HA
an M. Hoke, Office Manager
jh ?(.... ,..
Craig W. B
Date 12
/
Witness
plan.
--
-La
Renee M. Regal
Dz
W
EXHIBIT
I
FOUR LEMOYNE DRIVE ASSOCIATES, LLC
2933 North Front Street
Harrisburg, PA 17110
Bill To
Craig Bachik
Renee Regal
Suite 201
Four Lemoyne Drive
Lemoyne, PA 17011
Invoice
Date invoice #
11/20/2009 218
P.O. No. Terms Project
Due on receipt Craig W. Bachik & Renee R...
Quantity Description Rate Amount
September 1, 2009
October 1, 2009
November 1, 2009 4,280.00
4,280.00
4,280.00 4,280.00
4,280.00
4,280.00
Total $12,840.00
C1f;1'11CS1 I
D
Louis J. Capozzi, Jr., Esquire*
Daniel K. Natirboil~ Esquire
Donald R. Reavev. Esouire
Bruce G. Baron, Esquire
Andrew R. Eisemann, Esquire
David C. Dggle. Esquire
Timothy Ziegler, Reimb. Analyst
Karen L. Fisher, Paralegal
Jennifer Kain, Paralegal
Keyoung Gill, Paralegal
?(Iic.md in PA, NJ and MD)
Craig W. Bachik
Renee M. Regal
Kairos Design Group
4 Lemoyne Drive, Suite 201
Camp Hill, PA 17011
2933 North Front Street
Harrisburg, PA 17110
Telephone: (717) 233-4101
Fax: (717) 233-4103
www.capozziassociates.com
Craig I. Adler, Esq.
Of Counsel
Re: Notice of Default
Lease Agreement between 4 Lemoyne Drive Associates, LLC and
Craig W. Bachik and Renee M. Regal
Dear Mr. Bachik and Ms. Regal:
Please be advised that our law firm represents 4 Lemoyne Drive Associates, LLC
regarding the default of the above referenced Settlement Agreement. Our client has advised us
that you have failed to make rent payments since September 2009. At this time, your lease
arrearages total $12,840.00.
Pursuant to paragraph 13(A) of the Commercial Lease, you are provided a total of 15
days from the date of this Notice to cure the default. You are hereby notified that if you fail to
cure the default, our client shall declare that the Lease is in default. If you wish to resolve this
matter without a lawsuit, you must, within 15 days of the date of this letter, mail a check or
money order payable to 4 Lemoyne Drive Associates, LLC in the amount of $12,840.00 to my
office at the address indicated above.
If I do not receive payment before the deadline expires, we intend to declare the Lease in
default and file a lawsuit against you in the Court of Common Pleas of Cumberland County, PA.
You should be aware that a lawsuit will increase your total balance with court costs and
attorney's fees as authorized under the Lease.
ARE/kj g
cc: Louis J. Capozzi, Jr., Esquire
THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A
DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
E-
m
K C4
W
a
?wan
November 17, 2009
FOUR LEMOYNE DRIVE ASSOCIATES,
LLC, Successor-in-Interest to
4 ASSOCIATES,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
CRAIG W. BACHIK and
RENEE M. REGAL, d/b/a
KAIROS DESIGN GROUP,
Defendants
Docket No.: 10- 081 aivi(Te'rm
Confession of Judgment for MAey
r<.
I
CERTIFICATE OF RESIDENCE UNDER RULE 2951
I do hereby certify that the complete post office address of the Plaintiff, Four Lemoyne
Drive Associates, LLC is 2933 North Front Street, Harrisburg, PA 17110.
I do hereby certify that the last known and complete post office address of the
J
• -f
1 r
Defendants, Craig W. Bachik and Renee M. Regal d/b/a Kairos Design Group, 4 Lemoyne Drive,
Suite 201, Camp Hill, PA 17011.
Date: Zy -* By:
A is& , Esquire
Attorney W -N"7441
Capozzi & Associates, P.C.
2933 N. Front Street
Harrisburg, PA 17110
(717) 233-4101
Attorneys for Plaintiff