HomeMy WebLinkAbout10-1159
FOUR LEMOYNE DRIVE ASSOCIATES, IN THE COURT OF COMMON PLEAS OF
LLC, Assignee-in-Fact to PA CORPORATE CUMBERLAND COUNTY, PENNSYLVANIA
PLAZA ASSOCIATES,
Plaintiff
V.
PENICA, PRICE AND ASSOCIATES,
LLC,
Defendant
Docket No
jD --115 1 ctv. I
Civil Action - Law
CONFESSION OF JUDGMENT WHERE ACTION
COMMENCED BY COMPLAINT
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Pursuant to the authority contained in the warrant of attorney, the copy of which is
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attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in
favor of the Plaintiff and against Defendant as follows:
a. Unpaid rent due from January 2010 through December 2010 $ 26,256.00
b. Unpaid rent due from January 2011 through December 2011 $ 27,036.00
c. Unpaid rent due from January 2012 through December 2012 $ 27,852.00
d. Unpaid rent due from January 2013 through December 2013 $ 28,692.00
e. Unpaid rent due from January 2014 through December 2014 $ 29,556.00
Attorney's Fees (in the amount of 10% of all money $ 13,939.20
f. owed pursuant to the lease)
Total Amount Due $ 153,331.20
Date:
i ann, Esquire --,2/4//0
Attorn o.: 87441
2933 N. Front S eet
Harrisburg, PA 17110
(717) 233-4101
Attorney for Defendant
FOUR LEMOYNE DRIVE ASSOCIATES,
LLC, Successor-in-Interest to
4 ASSOCIATES,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.: -'17 e-r*-
PENICA, PRICE AND ASSOCIATES,
LLC,
Defendant
: Confession of Judgment for Money
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
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NOW COMES, Four Lemoyne Drive Associates, LLC, successor-in-inter6k- ?- 4 rT1
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Associates, Plaintiff, by its attorneys, Capozzi & Associates, P.C., and files this C rn[}ilaint in
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Confession of Judgment for Money against the Defendant Penica, Price and AssoC a!#s, LLC, fob
the following reasons:
1. Plaintiff, Four Lemoyne Drive Associates, LLC, is a Pennsylvania limited liability
corporation with 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, Penica, Price and Associates, LLC, is a Pennsylvania limited liability
corporation with its registered principal office address located at Four Lemoyne Drive, Suite 103,
Lemoyne, Cumberland County, Pennsylvania 17043 ("Lessee" or "Defendant").
The Lease
3. On or about September 20, 2006, Defendant entered into a Commercial Lease
Agreement (the "Lease") with regard to premises known as Suite 103 in the building situated at
Four Lemoyne Drive, Lemoyne, PA to be used for general office purposes (the "Premises"). A
true and correct copy of the Commercial Lease is attached hereto and incorporated herein as
Exhibit "A."
4. The Lease was assigned by 4 Associates to Four Lemoyne Drive when Four Lemoyne
Drive Associates purchased the commercial real property.
5. Paragraph 13(A)(ii) (Default) defines "default" as the Lessee's failure "to perform any
other provision of this Lease and such failure is not cured within thirty (30) days after notice
from Lessor."
6. 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 71" day of the month shall be subject
to a 5% late charge."
7. Paragraph 13 (H) (Attorney's Fees) of the Lease provides that "Lessee shall be liable
to Lessor for all costs and expenses, including reasonable attorney's fees of not less than ten
percent (10%) of the amount owed ...incurred by Lessor in protecting or enforcing its rights
under the Lease upon any default by Lessee...."
The Addendum to Lease
8. In April 209, Defendant requested additional office space to rent, and Lessor
complied by offering Suite 200 to Defendant at a 50% discount rate.
9. On May 1, 2009, the parties entered into an Addendum to Lease Agreement
("Addendum") to add Suite 200 and extend the expiration of the Lease from January 1, 2012
through December 31, 2014 ("Term Expiration Date") and incorporated the terms of the original
Lease. A copy of the Addendum is attached hereto and incorporated herein as Exhibit "B."
10. Paragraph 4 (Addition of Suite 200) of the Addendum provides that:
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TERM. The Lease shall be extended to include Suite 200 with an additional
1432 sq. ft. The term shall be from May first (1), 2009 to the thirty-first (31) day
of December, 2009. The rent will be at a 50% discount for this period. By the
thirtieth (30) day of November Lessee must inform the Lessor, in writing, of his
intentions to continue renting the space known as Suite 200 and, unless Lessee
intends to remain at Suite 200 must vacate the space as of the thirty-first (31) day
of December, 2009. In the event the Lessee does not continue to lease Suite 200
after the thirty-first day of December, 2009, the Lessee must pay an additional
$4,248.00 in rent by the thirty-first day (31) of December, 2009. (This additional
rent payment reflects paying 75% of the original rent in lieu of 50% as quoted
below.) If Lessee continues to rent the space at Suite 200 after the thirty-first day
of December 2009 the rent will be as shown below. [emphasis added]
11. Paragraph 4 (Addition of Suite 200) of the Addendum also provides the monthly rent
amounts in subparagraphs b, c, d, e, and f for the years 2010 through 2014 respectively.
12. Defendant defaulted on its obligation under the Addendum by failing to provide
written notice to Lessor regarding his intent to vacate Suite 200.
13. Defendant also defaulted on its obligation under the Addendum by failing to pay the
additional rent of $4,248.00 before December 31, 2009 as required under Paragraph 4 of the
Addendum.
14. Defendant unilaterally abandoned and vacated Suite 200 in February 2010.
Confession of Judgment
15. Paragraph 15 (Confession of Judgment) of the Lease authorizes the Confession of
Judgment against the Defendant for money due and owing Four Lemoyne Drive Associates upon
Defendant's default under the terms of the Lease and upon Defendant's failure to cure such
default after fifteen (15) days written notice from Four Lemoyne Drive Associates.
16. Paragraph 15 (Confession of Judgment) 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 rent for the entire unexpired balance of the term of this Lease, and/or other
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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."
17. The Lease or Addendum have not been released, transferred, or assigned by Four
Lemoyne Drive Associates.
18. Judgment has not been entered against the Defendant in any jurisdiction.
19. 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.
20. The amounts due under the Lease as to Suite 200, including late charges and
attorney's fees as authorized by the Lease, are as follows:
a. Unpaid rent due from January 2010 through December 2010
b. Unpaid rent due from January 2011 through December 2011
c. Unpaid rent due from January 2012 through December 2012
d. Unpaid rent due from January 2013 through December 2013
e. Unpaid rent due from January 2014 through December 2014
Attorney's Fees (in the amount of 10% of all money
f. owed pursuant to the lease)
Total Amount Due
$ 26,256.00
$ 27,036.00
$ 27,852.00
$ 28,692.00
$ 29,556.00
$ 13,939.20
$153,331.20
WHEREFORE, Plaintiff, Four Lemoyne Drive Associates, LLC confesses judgment
against Defendant, Penica, Price and Associates, LLC, in the total sum of $153,331.20, plus post
judgment costs of suit and interest at the legal rate of 6% per annum.
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Date:
Respectfully submitted,
Capozzi & Associates, P.C.
mew R ise ann, Esquire
Attorney o.: 7441
2933 N. Front Street
Harrisburg, PA 17110
(717) 233-4101
Attorney 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: - ) - 0 Qottn r11 . d
Jo oke
Fou Lemoyne Drive Associates, LLC
1. PARTIES
This Agreement of Lease, made this twentieth (20) day of September, 2006, between 4
ASSOCIATES, 110 Sunset Avenue, Harrisburg, PA 17112, to be known as "Lessor", and
PENICA, PRICE & ASSOCIATES, LLC., 3500 Market Street, Suite 200, Camp Hill,
PA 17011, to be known as "Lessee."
2. PREMISES
Witnesseth, that Lessor, in consideration of the rents and covenants hereinafter mentioned,
does demise and lease unto Lessee, all that certain space located at 4 Lemoyne Drive, Suite
103, Lemoyne, PA 17043, to be used for general office purposes (the "Premises"). The
rentable square footage of the Premises is deemed to be 1,483 square feet.
3. TERM
To have and to hold, unto Lessee, subject to the conditions of this Agreement for an
approximate five (5) year term beginning on the earlier of (a) the fifteenth (15) day of
December, 2006 (the "Commencement Date") and ending on the thirty-first (31) day of
December, 2011. 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 fifteenth (15) day of December, 2006, and ending
on the thirty-first (31) day of December, 2006, the monthly rent payment amount
shall be $1,098.00.
(B) 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
$2,002.00.
(C) 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
$2,062.00.
(D) For the period beginning on the first (1) day of January, 2009, and ending on the
thirty-first (31) day of December, 2009, the monthly rent payment amount shall be
$2,124.00.
(E) For the period beginning on the first (1) day of January, 2010, and ending on the
thirty-first (31) day of December, 2010, the monthly rent payment amount shall be
$2,188.00.
(F) For the period beginning on the first (1) day of January, 2011, and ending on the
thirty-first (31) day of December, 2011, the monthly rent payment amount shall be
$2,253.00.
(G) 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
Exhibit A
Any rent not received at Lessor's principal office before the close of business on the seventh
(7) day of the month shall be subject to a five percent (5%) late charge. Payments, when
received by Lessor, shall be applied first to delinquent rents, utility and operating expense
charges and late charges.
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.
In the alternative, 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
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Exhibit A
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
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 understood 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 reject and bar providers to Lessee of certain routine
office products and services if Lessor's rejection is based on commercially
reasonable and articulatable grounds. Such services may include, without limitation,
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.
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) WLAWFUL EIGHTS POSSESSION; FIRE PRECAUTIONS; MACHINERY
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
Exhibit A
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. Lessee shall be responsible for all costs
associated with 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 party 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. Absolutely no actual wiring for tenant telephone
and computer system shall be performed by Lessor. All costs associated with such
installation shall be the sole responsibility of Lessee.
(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
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Exhibit A
fiberoptic communication services, and all costs associated with the utilization of
such service.
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.
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Exhibit A
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
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
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Exhibit A
be, subject to the availability of insurance proceeds. Lessor's obligation to restore
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 eighty (180) 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
7
Exhibit A
case, Lessor shall use reasonable efforts to relet the Premises on such terms as
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: (i) 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 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
Exhibit A
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.
(J) BANKRUPTCY
If Lessee becomes bankrupt, the bankruptcy trustee shall not have the right to
assume and assign this Lease unless the trustee complies will all requirements of the
United States Bankruptcy Code; and Lessor expressly reserves all of its rights,
claims and remedies thereunder.
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.
9
Exhibit A
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
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. Tf 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
10
Exhibit A
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
$2,002.00 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
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 (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 five (5) 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.
(C) 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. RIGHT TO TERMINATE
Provided Lessee is not in default under any provision of this Lease after notice and
expiration of the applicable cure period, Lessee shall have the one-time right to terminate
this Lease effective as of December 31, 2009 (the "Right to Terminate").
The Right to Terminate shall be exercised by Lessee only by delivering to Lessor not less
than one hundred, eighty (180) days prior to the effective date of the termination, Lessee's
written election of termination, time being of essence of giving such notice (the
"Termination Notice"). As a condition to Lessee's exercise of the Right to Terminate,
Lessee shall pay to Lessor, concurrently with its Termination Notice, a separate termination
fee in the amount of $4,000.00 (the "Termination Fee").
All rental and other costs due under this Lease shall be due and payable by Lessee to Lessor
through the effective date of such termination. Such termination shall not abrogate any
obligation or liability under this Lease that by its nature survives the termination or
expiration of the Term, that may have accrued up to and including the date of termination or
that is otherwise attributable to Lessee's period of occupancy of the Premises.
28. 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 United States certified or registered mail, postage prepaid, return
receipt requested, or by a nationally recognized overnight air courier.
11
Exhibit A
29. BROKER
Lessee represents to Lessor that Lessee has dealt only with Landmark Commercial Realty
(the "Broker") in connection with this Lease and that no other broker procured this Lease
or is entitled to any commission in connection herewith. Lessee agrees to indemnify,
defend and hold Lessor, its property manager and its respective employees harmless from
and against any claims for a fee or commission made by any broker, other than the Broker,
claiming to have acted by or on behalf of Lessee in connection with this Lease. Lessor
agrees to pay the Broker a commission in accordance with a separate agreement between
Lessor and Broker.
Notwithstanding anything to the contrary contained herein, Lessor shall not be responsible
for any fees or commissions in connection with the extension, renewal, expansion, early
termination or any other modification made to this Lease (the "Modification"). In the
event Lessee procures a broker ("Lessee's Broker") to assist Lessee in its negotiations of
a Modification, Lessee shall be solely responsible for the direct payment of any such fees or
commissions due to Lessee's Broker. Lessee agrees to indemnify, defend and hold Lessor
harmless, its property manager and its respective employees harmless from and against any
claims for a fee or commission made by Lessee's Broker or any other broker claiming to
have acted by or on behalf of Lessee in connection with any Modification.
30. 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).
31. HEIRS, ETC.
This Lease shall be binding upon the parties hereto and their respective successors and/or
assigns.
32. EXECUTION AND DELIVERY
Submission of this Lease for examination or signature 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 Lease, and no party shall rely upon this Lease unless and
until full execution of this Lease. Lessor shall never be obligated to execute this Lease 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.
33. 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.
12
Exhibit A
IN WITNESS WHEREOF, 4 ASSOCIATES, as Lessor, has caused this instrument to be
signed on the date and year first below written.
DATE: %Lo/.?2X0
WITNESS :
ggAt-'-
BY:
NORMAN K. A. HOFFER, PARTNER
TAX ID #: -/ J'10 W
IN WITNESS WHEREOF, PENICA, PRICE & ASSOCIATES, LLC., as Lessee, has
caused this instrument to be signed on the date and year first below written.
DATE: t o Il-I l q,
WITNESS : --?_
ro - ? a -,??oG
WITNESS: ?J U /?
/;I -.1o e) 4
dl +,V c,/ ,2 . -51io fns
BY:
AL2-==:2-
yAtr LAND PENICA, MEMBER
CHAD D. PRICE, MEMBER
TAX ID #:,,I) - 41s ZZ 3 ! a
13
Exhibit A
ADDENDUM TO LEASE AG MENI
THIS FIRST ADDENDUM TO LEASE AGREEMENT (THE "Addendum") is made a s of this
First (1) day of May, 2009 by and between Four Lemoyne Drive Associates, LLC, 2933 North Front Street,
Harrisburg, PA 17110 (the "Lessor") and Penica, Price and Associates, LLC (hereinafter referred to as
"Lessee")
WITNESSETH:
Whereas, Lessor and Lessee have entered into a Commercial Lease dated twentieth (20) day of
September 2006, as amended by an Addendum to Lease Agreement dated the First (1) day of May 2009
(together, as amended to be referred to as the "Lease") for premises known as Four Lemoyne Drive. Suite 103.
Lemoyne, PA 17043 (the Premises"). The total rentable area of the Premises is deemed to be 148 3 square feet.
WHEREAS, Lessor and Lessee desire to amend the Lease to provide for the extension of the term of the
Lease, upon the terms and conditions set forth below. Also the Lessor and Lessee agree to add an additional
space known as Suite 200.
NOW THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants
hereinafter contained, the parties hereto, intending to be legally bound hereby agree as follows:
1. INCORORATIONOF PREMISES. The foregoing recitals are incorporated herein by reference.
2. T The Lease shall be extended for an additional three (3) years beginning on the first day of
January 2012 and ending on the thirty-first(31) day of December, 2014 (the "Lease Extension Period").
3. RENT. Lessee shall pay its monthly rent for Suite 103 during the Lease Extension Period in the
following amounts:
a) For the period beginning on the first (1) day of January 2012 and ending on the thirty-first (31) day
of December 2012, the monthly rent payment amount shall be $2,321.00.
b) For the period beginning on the first (1) day of January 2013 and ending on the thirty-first (31) day
of December 2013, the monthly rent payment amount shall be $2,391.00.
c) For the period beginning on the first (1) day of January 2014 and ending on the thirty-first (31) day
of December 2014, the monthly rent payment amount shall be $2,463.00
4. ADDITION OF SUITE 200
TERM. The Lease shall be extended to include Suite 200 with an additional 1432 sq. ft. The
term shall be from May first (1), 2009 to the thirty-first (31) day of December, 2009. The rent will be at a 50%
discount for this period. By the thirtieth (30) day of November Lessee must inform the Lessor, in writing, of his
intentions to continue renting the space known as Suite 200 and, unless Lessee intends to remain at Suite 200
must vacate the space as of the thirty-first (31) day of December, 2009. In the event the Lessee does not
continue to lease Suite 200 after the thirty-first day of December, 2009, the Lessee must pay an additional
$4,248.00 in rent by the thirty-first day (31) oTDecember, 2009. (This additional rent payment reflects paying
75% of the original rent in lieu of 50% as quoted below.) If Lessee continues to rent the space at Suite 200 after
the thirty-first day of December 2009 the rent will be as shown below.
a) For the period beginning on the first (1) day of May 2009 and ending on the thirty-first (31)
day of December 2009, the monthly rent payment for amount shall be $1062.00. This is a 50% discount.
Exhibit B
b) For the period beginning on the first (1) day of January 2010 and ending on the thirty-first
(31) day of December 2010 the monthly rent payment amount shall be $2,188.00.
c) For the period beginning on the first (1) day of January 2011 and ending on the thirty-first (31)
day of December 2011 the monthly rent payment amount shall be $$2,253.00.
d) For the period beginning on the first (1) day of January 2012 and ending on the thirty-first
(31) day of December 2012 the monthly rent payment amount shall be $2,321.00.
d) For the period beginning on the fist (1) day of January 2013 and ending on the thirty-first (31)
day of December 2013 the monthly rent payment amount shall be $2,391.00.
f) For the period beginning on the first (1) day of January 2014 and ending on the thirty-first (31)
day of December 2014 the monthly rent payment shall be $2,463.00.
5. RATIFICATION OF LEASE. This Addendum shall be construed in conjunction with the Lease
and, except as amended hereby, all of the terms, covenants and conditions of the Lease shall remain in full force
and effect and are hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have set their hands
and seals the day and year first above written.
LESSOR;
FOUR LEMOYNE DRIVE ASSOCIATES, LLC
Y: f ate e, 10J 00'
Loui J Capozzi, J . O
LESS
S/0 Ltoo(
By: Date
Peni 'ce Associates, LLC
Exhibit B
FOUR LEMOYNE DRIVE ASSOCIATES,
LLC, Assignee-in-Fact to PA CORPORATE
PLAZA ASSOCIATES,
Plaintiff
V.
PENICA, PRICE AND ASSOCIATES,
LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.: / Q _ // 7
Civil Action - Law
C o
r
CC'
.. -a -,
dy yCj
o
CERTIFICATE OF RESIDENCE UNDER RULE 2951
I do hereby certify that the precise and complete post office address of the Plaintiff, Four
Lemoyne Drive Associates, LLC is 2933 N. Front Street, Harrisburg, PA 17110.
I do hereby certify that the precise and complete post office address of the Defendant,
Penica, Price and Associates, LLC is 4 Lemoyne Drive, Suite 103, Lemoyne, PA 17043.
Date: /14//j
Andrew R. is , Esquire
Attorney I.D. o.: 87441
2933 N. Front Street
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff,
Four Lemoyne Drive Associates, LLC
FOUR LEMOYNE DRIVE ASSOCIATES,
LLC, Assignee-in-Fact to PA CORPORATE
PLAZA ASSOCIATES,
Plaintiff
V.
PENICA, PRICE AND ASSOCIATES,
LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.:
: Civil Action - Law
cz
rri
NOTICE UNDER PA.R.C.P RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Penica, Price and Associates, LLC, Defendant
A judgment in the amount of $153,331.20, plus post judgment interest and costs of suit
has been entered against you and in favor of the Plaintiff without any prior notice or hearing
based on a Confession of Judgment contained in a written agreement or other paper allegedly
signed by you. The Sheriff may take your money or other property to pay the judgment at
any time after thirty (30) days after the date on which this notice is served on you.
YOU MAY HAVE LEGAL RIGHTS TO DEFEAT THE JUDGMENT OR TO PREVENT
YOUR MONEY OR PROPERTY FROM BEING TAKEN. YOU MUST FILE A PETITION
SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY
(30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY
LOSE YOUR RIGHTS.
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 S. Bedford Street
Carlisle, PA 17013
1-800-990-9108
Date: v o
Andrew' e , Esquire
Attorney I) D. .: 87441
2933 N. Front Street
Harrisburg, PA 17110
(717) 233-4101
Attorneys for Plaintiff,
Four Lemoyne Drive Associates, LLC
FOUR LEMOYNE DRIVE ASSOCIATES, IN THE COURT OF COMMON PLEAS OF
LLC, Assignee-in-Fact to PA CORPORATE CUMBERLAND COUNTY, PENNSYLVANIA
PLAZA ASSOCIATES, ;
Plaintiff
V.
Docket No.:
PENICA, PRICE AND ASSOCIATES,
LLC,
Defendant
: Civil Action - Law
RULE 236 NOTICE OF ENTRY OF JUDGMENT
NOTICE OF DEBTOR'S RIGHTS
TO: Penica, Price and Associates, LLC, Defendant
You are hereby notified that on ,?? 6. / ?- 070 / , judgment by confession
was entered against you in the sum of $153,331.20, plus post judgment interest and costs of suit.
DATE: ,-2-'/ r " J-0/0 _ LS/
Prothonotary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OF 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 S. Bedford Street
Carlisle, PA 17013
1-800-990-9108
I hereby certify that the following is the address of the Defendant
Residence: Penica, Price and Associates, LLC, 4 Lemoyne Drive
17043.
Date:
in the Certificate of
103, Lemoyne, PA
-n&evl ann, Esquire
Attorney . o.: 87441
2933 N. Front Street
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff,
Four Lemoyne Drive Associates, LLC
FOUR LEMOYNE DRIVE ASSOCIATES,
LLC, Assignee-in-Fact to PA CORPORATE
PLAZA ASSOCIATES,
Plaintiff
V.
PENICA, PRICE AND ASSOCIATES,
LLC,
Defendant
AVISO IMPORTANTE
A: Penica, Price and Associates, LLC, Defendido
Usted esta siendo notificado que el de del 2010,
se anoto en contra suya un fallo por confesion en la suma de $153,331.20 en el caso mencionado
en el epigrafe.
FECHA:
Protonotario
USTED DEBE LLEVAR INMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED
NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUIENTE
OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
1-800-990-9108
Certifico que la siguiente direccion es la del defendido/a Begun indicada en el certificado
de residencia: Penica, Price and Associates, LLC, 4 Lemoyne Drive, Suite 103, Lemoyne, PA
17043.
Date:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.:
: Civil Action - Law
2933 N. Front Street
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff,
Four Lemoyne Drive Associates, LLC
REAGER & ADLER, P.C.
BY: WAYNE S. MARTIN, ESQUIRE
Attorney I.D. No. 208078
Email: Wmartin@ReagerAdlerPC.com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
Email: Twilhams@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for Defendant Penica, Price and Associates, LLC
PLED-t?tWE
OF THE PROTHMOTARY
2010 MAR -3 PM 3: 11
CuMJ,_ -BOUNTY
PL_ 41A
FOUR LEMOYNE DRIVE ASSOCIATES, : IN THE COURT OF COMMON PLEAS OF
LLC, Assignee-in-Fact to PA CORPORATE: CUMBERLAND COUNTY, PENNSYLVANIA
PLAZA ASSOCIATES,
Plaintiff
V. : Docket No. 10-1159 civil
PENICA, PRICE AND ASSOCIATES CIVIL ACTION - LAW
LLC,
Respondent
PETITION TO STRIKE/OPEN JUDGMENT ENTERED BY CONFESSION
Defendant, Penica, Price and Associates, LLC, by and through its attorneys, Reager &
Adler, PC, petitions this Court to strike the Judgment entered by Confession against it, and in
support thereof avers the following:
Defendant, Penica, Price and Associates, LLC (hereafter "Defendant" or
"Lessee") is the Petitioner in the above-captioned action.
2. Plaintiff confessed judgment by Complaint against Defendant on or about
February 18, 2010.
The Judgment by Confession was entered based upon a purported lease
Addendum (hereafter "Addendum"). The lease and Addendum which are the subject of the
Confessed Judgment are identified in the Plaintiff's Complaint for Confession of Judgment and
are incorporated herein by reference at Exhibit "A".
4. Immediately upon notice of the entry of the Judgment, the Defendant has
petitioned this Honorable Court to strike or in the alternative open the Judgment.
5. Defendant has meritorious defenses to the pending action as follows:
a. First Defense - Defendant did not default on its obligation under the
Addendum.
1. Plaintiff alleges that Defendant "defaulted on its obligation
under the Addendum by failing to provide written notice to
Lessor regarding his intent to vacate Suite 200." See Paragraph
12 of Complaint in Confession of Judgment for Money.
2. However, Paragraph 4 of the Addendum clearly provides that
"Lessee must inform the Lessor, in writing, of his intentions to
continue renting the space known as Suite 200..." [emphasis
added]
3. Since the Defendant (Lessee) did not intend to continue renting
the space known as Suite 200, Petitioner was not required to
provide written notice under the terms of the agreement, and
there was no default and as such, the Confessed Judgment must
be stricken or in the alternative opened.
4. The Lease and the Addendum were drafted by the Plaintiff or
its attorney.
b. Second Defense - The body of the Addendum does not contain a warrant
of attorney to confession of judgment, and as such, the Judgment by
Confession must be stricken or opened.
2
C. Third Defense - The documents which form the basis of the Plaintiff's
Confession of Judgment against Defendant contains a clause that any and
all lawsuits be brought in the Courts in Dauphin County, Commonwealth
of Pennsylvania. Therefore, this Honorable Court lacks jurisdiction to
enter judgment on this matter, and the Judgment by Confession must be
stricken or opened.
d. Fourth Defense - The Plaintiff has breached the Quiet Enjoyment clause
of the Addendum prior to the alleged default by Defendant by evicting or
threatening to evict Don Weaver, member of Defendant and signatory to
the Addendum, without cause, and as such, the Judgment by Confession
must be stricken or opened.
e. Fifth Defense - The Plaintiff s claims are barred due to waiver and
estoppel,
f. Sixth Defense - The Judgment by Confession is void and invalid.
WHEREFORE, Defendant requests this Honorable Court to strike the Judgment by
Confession and that the Defendant be permitted to enter a defense, or in the alternative, to open
the Judgment by Confession.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: March 2010
Wayne S. artin, Esquire
Attorney I.D. No. 208078
Thomas O. Williams, Esquire
Attorney I.D. No. 16987
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
1. PARTIES
This Agreement of Lease, made this twentieth (20) day of September, 2006, between 4
ASSOCIATES, 110 Sunset Avenue, Harrisburg, PA 17112, to be known as 'Lessor", and
PENICA, PRICE & ASSOCIATES, LLC., 3500 Market Street, Suite 200, Camp Hill,
PA 17011, to be known as "Lessee."
2. PREMISES
Witnesseth, that Lessor, in consideration of the rents and covenants hereinafter mentioned,
does demise and lease unto Lessee, all that certain space located at 4 Lemoyne Drive, Suite
103, Lemoyne, PA 17043, to be used for general office purposes (the "Premises"). The
rentable square footage of the Premises is deemed to be 1,483 square feet.
3. TERM
To have and to hold, unto Lessee, subject to the conditions of this Agreement for an
approximate five (5) year term beginning on the earlier of (a) the fifteenth (15) day of
December, 2006 (the "Commencement Date") and ending on the thirty-first (31) day of
December, 2011. 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 fifteenth (15) day of December, 2006, and ending
on the thirty-fast (31) day of December, 2006, the monthly rent payment amount
shall be $1,098.00.
(B) 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
$2,002.00.
(C) 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
$2,062.00.
(D) For the period beginning on the first (1) day of January, 2009, and ending on the
thirty-first (31) day of December, 2009, the monthly rent payment amount shall be
$2,124.00.
(E) For the period beginning on the first. (1) day of January, 2010, and ending on the
thirty-first (31) day of December, 2010, the monthly rent payment amount shall be
$2,188.00.
(F) For the period beginning on the fast (1) day of January, 2011, and ending on the
thirty-first (31) day of December, 2011, the monthly rent payment amount shall be
$2,253.00.
(G) All payments payable in advance, on the fast 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
Exhibit A
Any rent not received at Lessor's principal office before the close of business on the seventh
(7) day of the month shall be subject to a five percent (5%) late charge. Payments, when
received by Lessor, shall be applied first to delinquent rents, utility and operating expense
charges and late charges.
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 (5.09x). 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.
In the alternative, if Lessee retains possession of the Premises after the expiration or
temlination 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
Exhibit A
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
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 understood 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 / VCr 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 reject and bar providers to Lessee of certain routine
office products and services if Lessor's rejection is based on commercially
reasonable and articulatable grounds. Such services may include, without limitation,
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.
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) WLAWFUL EIGHTS POSSESSION; FIRE PRECAUTIONS; MACHINERY
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
Exhibit A
Lessee shall not place any signs upon the exterior of the Premises nor cause any
lettering of any land 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. Lessee shall be responsible for all costs
associated with 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 party other than Lessee shall not release
Lessee from any covenant or obligation under this Lease. Lessor's consent to any
Transfer shall not relieve Lessoe'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. Absolutely no actual wiring for tenant telephone
and computer system shall be performed by Lessor. All costs associated with such
installation shall be the sole responsibility of Lessee.
(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
Exhibit A
fiberoptic communication services, and all costs associated with the utilization of
such service.
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'j 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.
(I) 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.
Exhibit A
No rule or regulation shall be arbitrary, but shall be reasonable in every respect.
Strict adherence to time rules and regulations is necessary to guarantee that each
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 teraeinate, but in
such event Lessor agrees to repair, restore or rebuild the Premises, as the case may
Exhibit A
be, subject to the availability of insurance proceeds. Lessor's obligation to restore
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 eighty (180) 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
Exhibit A
case, Lessor shall use reasonable efforts to relet the Premises on such terms as
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 temiinates 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: (i) 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 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
Exhibit A
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.
(J) BANKRUPTCY
If Lessee becomes bankrupt, the bankruptcy trustee shall not have the right to
assume and assign this Lease unless the trustee complies will all requirements of the
United States Bankruptcy Code; and Lessor expressly reserves all of its rights,
claims and remedies thereunder.
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.
Exhibit A
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
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 marl, 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
10
Exhibit A
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
$2,002.00 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
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 (the "New Premises"), provided that the
New Premises shall be reasonably usable for Lessee's business hereunder; and, if Lessee
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 five (5) 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.
(C) 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. RIGHT TO TERMINATE
Provided Lessee is not in default under any provision of this Lease after notice and
expiration of the applicable cure period, Lessee shall have the one-time right to terminate
this Lease effective as of December 31, 2009 (the "Right to Terminate").
The Right to Terminate shall be exercised by Lessee only by delivering to Lessor not less
than one hundred, eighty (180) days prior to the effective date of the termination, Lessee's
written election of termination, time being of essence of giving such notice (the
"Termination Notice"). As a condition to Lessee's exercise of the Right to Terminate,
Lessee shall pay to Lessor, concurrently with its Termination Notice, a separate termination
fee in the amount of $4,000.00 (the "Termination Fee").
All rental and other costs due under this Lease shall be due and payable by Lessee to Lessor
through the effective date of such termination. Such termination shall not abrogate any
obligation or liability under this Lease that by its nature survives the termination or
expiration of the Term, that may have accrued up to and including the date of termination or
that is otherwise attributable to Lessee's period of occupancy of the Premises.
28. 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 United States certified or registered mail, postage prepaid, return
receipt requested, or by a nationally recognized overnight air courier.
11
Exhibit A
29. BROKER
Lessee represents to Lessor that Lessee has dealt only with Landmark Commercial Realty
(the "Broker") in connection with this Lease and that no other broker procured this Lease
or is entitled to any commission in connection herewith. Lessee agrees to indemnify,
defend and hold Lessor, its property manager and its respective employees harmless from
and against any claims for a fee or commission made by any broker, other than the Broker,
claiming to have acted by or on behalf of Lessee in connection with this Lease. Lessor
agrees to pay the Broker a commission in accordance with a separate agreement between
Lessor and Broker.
Notwithstanding anything to the contrary contained herein, Lessor shall not be responsible
for any fees or commissions in connection with the extension, renewal, expansion, early
termination or any other modification made to this Lease (the "Modification"). In the
event Lessee procures a broker ("Lessee's Broker") to assist Lessee in its negotiations of
a Modification, Lessee shall be solely responsible for the direct payment of any such fees or
commissions due to Lessee's Broker. Lessee agrees to indemnify, defend and hold Lessor
harmless, its property manager and its respective employees harmless from and against any
claims for a fee or commission made by Lessee's Broker or any other broker claiming to
have acted by or on behalf of Lessee in connection with any Modification.
30. LEASE CONTAINS ALL AGREEMENTS
It is expressly understood by the des 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).
31. HEIRS, ETC.
This Lease shall be binding upon the parties hereto and their respective successors and/or
assigns.
32. EXECUTION AND DELIVERY
Submission of this Lease for examination or signature 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 Lease, and no party shall rely upon this Lease unless and
until full execution of this Lease. Lessor shall never be obligated to execute this Lease 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.
33. 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.
12
Exhibit A
IN wITNEss WHEREOF, 4 ASSOCIATES, as Lessor, has caused this instrument to be
signed on the date and year first below written.
DATE:
WITNESS : BY:
NORMAN K. A. HOFFER, PARTNER
TAX ID #: P/O /O
IN WITNESS WHEREOF, PENICA, PRICE & ASSOCIATES, LLC., as Lessee, has
caused this instrument to be signed on the date and year first below written.
DATE: / ba
WITNESS: BY
ro -.a-?aoG
WITNESS:
/0 - /.I .Lod fo
-A, 2 .
JA LAND PENICA, MEMBER
CHAD D. PRICE, MEMBER
Ab+AJcy ,2 • Soft&R.
TAX ID #: - ?SZZ 3 r d
13
Exhibit A
THIS FIRST ADDENDUM TO LEASE AGREEMENT (THE "Addendum") is made a s of this
First (1) day of May, 2009 by and between Four Lemoyne Drive Associates, LLC, 2933 North Front Street,
Harrisburg, PA 17110 (the "Lessor'l and Penica, Price and Associates, LLC (hereinafter referred to as
9•Lessee )
WITNMETH:
Whereas, Lessor and Lessee have entered into a Commercial Lease dated twentieth (20) day of
September 2006, as amended by an Addendum to Lease Agreement dated the First (1) day of May 2009
(together, as amended to be referred to as the "Lease") for promises known as Four Lemoyne Drive. Suite
Lemoyne, PA 17043 (the Premises"). The total rentable area of the Premises is deemed to be
103.
1483 square feet.
WHEREAS, Lessor and Lessee desire to amend the Lease to provide for the extension of the term of the
Lease, upon the terms and conditions set forth below. Also the Lessor and Lessee agree to add an additional
space known as Suite 200.
NOW THEREFORE, in considerationof the foregoingpremises and the mutual promises and covenants
hereinafter contained, the parties hereto, intending to be legally bound hereby agree as follows:
1. INCORORaM OF PREMISES. The foregoing recitals are incorporated herein by reference.
2. ,_The Lease shall be extended for an additional three (3) years beginning on the fast day of
January 2012 and ending on the thirty-first (31) day of December, 2014 (the "Lease Extension Period").
3. $gn Lessee shall pay its monthly rent for Suite 103 during the Lease Extension Period in the
following amounts:
a) For the period beginning on the first (1) day of January 2012 and ending on the thirty-first (31) day
of December 2012, the monthly rent payment amount shall be $2,321.00,
b) For the period beginning on the first (1) day of January 2013 and ending on the thirty-first (31) day
of December 2013, the monthly rent payment amount shall be $2,391.00.
c) For the period beginning on the first (1) day of January 2014 and ending on the thirty-first (31) day
of December 2014, the monthly rent payment amount shall be $2,463.00
,F1MMla$' r lice
TERK The Lease shall be extended to include Suite 200 with an additional 1432 sq. ft. The
term shall be from May first (1), 2009 to the thirty-first (31) day of December, 2009. The rent will be at a 500/9
discount for this period. By the thirtieth (30) day of November Lessee must inform the Lessor, in writing, of his
intentions to continue renting the space known as Suite 200 and, unless Lessee intends to remain at Suite 200
must vacate the space as of the thirty-fast (31) day of December, 2009. In the event the Lessee does not
continue to lease Suite 200 after the thirty-first day of December, 2009, the Lessee must pay an additional
$4,248.00 in rent by the thirty-first day (31) dfDomber, 2009. (This additional rent payment reflects paying
75% of the original rent in lieu of 501o as quoted below.) If Lessee continues to rent the space at Suite 200 after
the thirty-first day of December 2009 the rent will be as shown below.
a) For the period beginning on the first (1) day of May 2009 and ending on the thirty-first (31)
day of December 2009, the monthly rent payment for amount shall be S 1062.00. This is a 50% discount.
6L 6 of A
b) For the period beginning on the first (1) day of January2010 and ending on the thirty-first
(31) day of December 2010 the monthly rent payment amount shall be $2,188.00.
c) For the period beginning on the first (1) day of January 2011 and ending on the thirty-first (31)
day of December 2011 the monthly rent payment amount shall be $$2,253.00.
d) For the period beginning on the first (1) day of January 2012 and ending on the thirty-first
(31) day of December 2012 the monthly rent payment amount shall be $2,321.00.
d) For the period beginning on the fist (1) day of January 2013 and ending on the thirty-first (31)
clay of December 2013 the monthly rent payment amount shall be $2,391.00.
f j For the period beginning on the first (1) day of January 2014 and ending on the thirty-first (31)
day of December 2014 the monthly rent payment shall be $2,463.00.
5. RATIFICATION OF ELF. This Addendum shall be construed in conjunction with the Lease
and, except as amended hereby, all of the terms, covenants and conditions of the Lease shall remain in full force
and effect and are hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have set their hands
and seals the day and year first above written.
LESSOR;
FOUR LEMO"E DRIVE ASSOCIATES, LLC
o t l o °t
s1o ?
By. Date to °t
P Associates, LLC
EX C ,, t A
VERIFICATION
I, Jay G. Penica, hereby verify that I am a member of Penica, Price and
Associates, LLC and as such I am authorized to verify the averments of the
foregoing document are true and correct to my personal knowledge, information
and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
Date: ( 3 ? (--,
B.
G. Penica
4
CERTIFICATE OF SERVICE
AND NOW, this 3rd day of March, 2010, I hereby verify that I have caused a
true and correct copy of the foregoing document to be placed in the U.S. mail, first
class, postage prepaid and addressed as follows:
Andrew R. Eisemann, Esquire
Capozzi & Associates, P.C.
2933 North Front Street
Harrisburg, PA 17110
Wayne ,9. Martin, Esquire
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
4F:u F ; 1 'IF SrERIFF
OF Th PROTHONOTARY
2010 MAR -3 AM 11= 22
CUM t , 0XNTY
P NNIS1'i.,VANA
Four Lemoyne Drive Associates, LLC
Case Number
vs. 2010-1159
Penica Price and Associates, LLC
SHERIFF'S RETURN OF SERVICE
02/23/2010 12:17 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February
23, 2010 at 1217 hours, she served a true copy of the within Confession of Judgment Where Action
Commenced by Complaint, upon the within named defendant, to wit: Penica Price and Associates, LLC,
by making known unto Jay Garland Penica, Senior Financial Advisor for Penica Price and Associates, LLC
at 4 Lemoyne Drive, Suite 103, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at
the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $42.84
February 25, 2010
SO ANSW S,
RO N R ANDERSON, SHERIFF
By f/ Z- i
Deputy Sheriff
;c) CountySuito Sheriff Teleosoft. L?c.
FOUR LEMOYNE DRIVE ASSOCIATES,
LLC, Assignee-in-Fact to PA CORPORATE
PLAZA ASSOCIATES,
Plaintiff
V.
PENICA, PRICE AND ASSOCIATES,
LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.: 2010-1159
C",
Civil Action - Law a
CERTIFICATE OF SERVICE
OF RULE 2958.1 NOTICE OF INTENTION TO EXECUTE
TO: PROTHONOTARY OF CUMBERLAND COUNTY:
I hereby certify that on February 23, 2010, a true and correct copy of the Notice under
Rule 2958.1 of Judgment and Execution was served upon the following by the Cumberland
County Sheriff:
Penica, Price and Associates, LLC
4 Lemoyne Drive, Suite 103
Lemoyne, PA 17043
A true and correct copy of the Sheriff s Return of Service is attached hereto and
incorporated herein as Exhibit "A."
Date: March 5, 2010
1 drev Eis " Esquire
Capozzi & Asso ' es, P.C.
2933 N. Front Street
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
Ronny R Anderson
Sheriff
Jody S Smith
Chief r)cncuty
Edward L Schorpp
Solicitor
??j>,!?ktg of ?i?r!t?br?l?ra
0MCE OF FF c :?P,IFF
Four Lemoyne Drive Associates, LLC
vs.
Penica Price and Associates, LLC
Case Number
2010-1159
SHERIFF'S RETURN OF SERVICE
02/23/2010 12:17 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February
23, 2010 at 1217 hours, she served a true copy of the within Confession of Judgment Where Action
Commenced by Complaint, upon the within named defendant, to wit: Penica Price and Associates, LLC,
by making known unto Jay Garland Penica, Senior Financial Advisor for Penica Price and Associates, LLC
at 4 Lemoyne Drive, Suite 103, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at
the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $42.84
February 25, 2010
SO ANSW S,
RO N R ANDERSON, SHERIFF
By ??L X-?_
Deputy Sheriff
EXHIBIT
I A
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
jc GoLJ!!'VSuite Sher ff Te eo=_o`t. In;.
1 W
FOUR LEMOYNE DRIVE
ASSOCIATES, LLC, ASSIGNEE-
IN-FACT TO PA CORPORATE
PLAZA ASSOCIATES,
PLAINTIFF/RESPONDENT
V.
PENICA, PRICE AND
ASSOCIATES, LLC,
DEFENDANT/PETITIONER
IN THE COURT OF COMMON P,;EA§;OF,-,
CUMBERLAND COUNTY, PENIIIPYLVANFI
10-1159 CIVIL TERM
ORDER OF COURT
AND NOW, this day of March, 2010, upon consideration of the
petition to strike/open judgment, IT IS ORDERED:
(1) A Rule is issued against plaintiff/respondent, Four Lemoyne Drive
Associates, LLC, Assignee-in-Fact to PA Corporate Plaza Associates, to show cause
why the petition should not be granted.
(2) Respondent shall file an answer to the petition within twenty-one (21) days of
service.
(3) The petition shall be decided under Pa. Rule of Civil Procedure 206.7.
(4) Any depositions or discovery shall be completed within forty-five (45) days of
service.
(5) Briefs shall be filed in chambers and argument shall be held on Wednesday,
May 19, 2010, at 8:45 a.m., in Courtroom No. 5 of the Cumberland County Courthouse.
(6) Notice of the entry of this order shall be provided to all parties by petitioner.
(7) All proceedings shall stay pending further order of court.
V./
By the Court,
Albert H. Masland, J.
X,ayne S. Martin, Esquire
Thomas O. Williams, Esquire
For Defendant/Petitioner
drew R. Eisemann, Esquir
For Plaintiff/Respondent
sal 4
FOUR LEMOYNE DRIVE ASSOCIATES, IN THE COURT OF COMMON PLEAS OF
LLC, Successor-in-Interest to CUMBERLAND COUNTY, PENNSYLVANIA
4 ASSOCIATES,
Plaintiff
v. Docket No.: 10-1159
t `',.
PENICA, PRICE AND ASSOCIATES, ~ ~ ,f-
LLC, -- o
Defendant Confession of Judgment ~
. ~.i
PRAECIPE TO SATISFY JUDGMENT AND
MARK LITIGATION SETTLED AND DISCONTINUED
TO THE PROTHONOTARY:
Kindly mark the above-captioned litigation as settled and discontinued with prejudice,
and mark the Judgment as satisfied.
Respectfully submitted,
CAPOZZI & AS
Date: May 5, 2010 By:
~w R. ~ manna
Attorney I # 8
2933 North rout e
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
TES, P.C.
AND NOW, this ~~ day of ~/lay , 2010, the litigation and in the
above-captioned action against the Defendant is hereby marked SETTLED and
DISCONTINUED and the judgment is marked as SATISFIED.
Prot onotary
FOUR LEMOYNE DRIVE ASSOCIATES,
LLC, Successor-in-Interest to
4 ASSOCIATES,
Plaintiff
v.
PENICA, PRICE AND ASSOCIATES,
LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.: 10-1159
Confession of Judgment
CERTIFICATE OF SERVICE
I hereby certify that I caused a copy of the foregoing Praecipe to be served by mailing
the same on this date by regular first class United States mail, postage prepaid addressed as
follows:
Wayne S. Martin, Esquire
Reagler & Adler, P.C.
2331 Market Street
Camp Hill, PA 1 70 1 1-4642
CAPOZZI AND ASSOCIATES, P.C.
Date: May ~ 2010 By:
Attorney 441
2933 North Front tref
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
Esquire