HomeMy WebLinkAbout10-2392
David J. Lanza
I.D. No. 55782
2132 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
LEMOYNE SQUARE PLAZA PROPERTIES,
Plaintiff
V.
KIM KELLER, individually and trading as K & K
HEARING ASSOCIATES and K & K HEARING
ASSOCIATES, LLC
CIVIL ACTION - LAW
Defendants
CONFESSION OF JUDGMENT
FOR MONEY DAMAGES
Pursuant to the Authority contained in the Warrant of Attorney, a copy of which is attached to the
Complaint filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff and
against the Defendant as follows:
Unpaid rent from March 2010 through May 2015
Late Fees
10% Attorney fees
TOTAL
$ 90,075.00
$ 132.50
$ 9,020.75
$ 99, 228.25
Respectfully submitted,
1'5?A zwG
13216-141 /&/? * x' L/v '
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David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. /L//' m73?? 66//?
Vavid J. Lanza
I.D. No. 55782
2132 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
LEMOYNE SQUARE PLAZA PROPERTIES,
Plaintiff
V.
KIM KELLER, individually and trading as K & K
HEARING ASSOCIATES and K & K HEARING
ASSOCIATES, LLC
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 16- .13 9 d- c t-i , r' f ?ls1
CIVIL ACTION - LAW
COMPLAINT PURSUANT TO Pa.R.C.P. 2951(b)
FOR CONFESSION OF JUDGMENT FOR
MONEY DAMAGES
AND NOW, this 12 ?lay of April 2010, comes the Plaintiff, Lemoyne Square Plaza Associates, by and
through its undersigned attorney, David J. Lanza, and files this Complaint, and in support thereof avers as
follows:
1. The Plaintiff, Lemoyne Square Plaza Associates, is a Pennsylvania limited liability company
with offices and a principal place of business at 1300 Market Street, Lemoyne, PA 17043, and is the owner
of the premises at issue.
2. The Defendant, Kim Keller, is an adult individual trading and doing business as K & K Hearing
Associates, LLC and K & K Hearing Associates with an address at One Lemoyne Square, Suite 102,
Lemoyne, Pennsylvania, 17043.
3. The Defendant, K & K Hearing Associates, LLC, is a business entity of undetermined nature
with a place of business at One Lemoyne Square, Suite 102, Lemoyne, Pennsylvania, 17043.
4. On April 17th, 2008, Plaintiff and Defendants entered into a Commercial Lease ("Lease") for
the premises consisting of 1,220 square feet of office space located at One Lemoyne Square, Suite 102,
Lemoyne, Pennsylvania, 17043, a true and correct copy of which is attached hereto as Exhibit "A."
Attorney for Plaintiff
5. Said Lease has not been assigned by Plaintiff.
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6. No judgment on the Lease has been entered in any jurisdiction.
7. The aforesaid Lease requires Defendants to pay unto Plaintiff (in monthly installments) the
sum of $ 15,900.00 per year from June 1, 2008 through May 31, 2011, $17,100.00 per year from June 1,
2011 through May 31, 2013 and $18,000.00 per year from June 1, 2013 through May 31, 2015.
8. Defendants have failed to make the monthly payments from and after March 2010.
9. Defendants have abandoned the leased property as of March 2010.
10. As a result of Defendant's failure to make the monthly rental payments and abandonment of
the leased premises, the remaining payments (through May 31, 2015) have become immediately due and
payable.
11. The unpaid rent through the remainder of the term equals $ 90,075.00.
12. Defendants have incurred late fees in the amount of $ 132.50.
13. Pursuant to the aforesaid Lease, Defendants are required to reimburse Plaintiff for Plaintiff's
attorneys fees in the minimum amount of 10% of the balance due.
14. There is justly due and owing to the Plaintiff from the Defendants on account of the aforesaid
breach the sum of $99,228.25, calculated as follows:
Unpaid rent from March 2010 through May 2015 $ 90,075.00
Late Fees $ 132.50
10% Attorney fees $ 9,020.75
TOTAL $ 99,228.25
15. Plaintiff has demanded payment from the Defendants, but Defendants have neglected and
refused, and continue to neglect and refuse, to pay the same or any part thereof.
WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $99,228.25, plus
such additional sums as the Court determines are due and owing, including additional attorney fees and
costs
Respectfully submitted,
By:
David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
13216-141
VERIFICATION
I, ROBERT HENDRICKS, Property Manager, verify that the statements made in this Complaint are true
and correct to the best of my knowledge, information and belief. I understand that false statements made
herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities.
Date: `'i I y I By:
Ro ert Hendricks
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A
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COMMERCIAL LEASE
PARTIES
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THIS AGREEMENT OF LEASE, is made this 174 day of r , 100F
between LEMOYNE SQUARE PLAZA PROPERTIES, a Pennsylvania General
Partnership (for the purpose of this Lease to be known as "Lessor") and K & K HEARING
ASSOCIATES (for the purpose of this Lease to be known as "Lessee").
PREMISES
WITNESSETH, that Lessor in consideration of the rents and covenants hereinafter mentioned,
does demise and lease unto Lessee, all that certain space "as is", to be used for office purposes,
hereinafter referred to as "the Space", and more specifically described as follows:
BUILDING: Lemoyne Square Plaza
ADDRESS: One Lemoyne Square, Lemoyne, Pennsylvania 17043
SQUARE
FOOTAGE SUITE FLOOR
1,220 102 First
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TERM
TO HAVE AND TO HOLD, unto Lessee, subject to the conditions of this Lease, for the term
beginning June 1, 2008 and ending May 31, 2015.
BASE RENT - June 1, 2008 to May 31, 2011.
IN CONSIDERATION of which, Lessee agrees to pay to Lessor for the use of the Space, the
sum of Fifteen Thousand Nine Hundred Dollars ($15,900.00), to be payable in monthly
installments of One Thousand Three Hundred Twenty Five Dollars ($1,325.00), in advance, on
the first day of each calendar month during the period beginning June 1, 2008 and ending May
31, 2011.
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BASE RENT - June 1, 2011 to May 31, 2013.
IN CONSIDERATION of which, Lessee agrees to pay to Lessor for the use of the Space, the
sum of Seventeen Thousand One Hundred Dollars ($17,100.00), to be payable in monthly
installments of One Thousand Four Hundred Twenty Five Dollars ($1,425.00), in advance, on
the first day of each calendar month during the period beginning June 1, 2011 and ending May
31, 2013.
BASE RENT - June 1, 2013 to May 31, 2015.
IN CONSIDERATION of which, Lessee agrees to pay to Lessor for the use of the Space, the
sum of Eighteen Thousand Dollars ($18,000.00), to be payable in monthly installments of One
Thousand Five Hundred Dollars ($1,500.00), in advance, on the first day of each calendar month
during the period beginning June 1, 2013 and ending May 31, 2015.
LATE CHARGE
Any rent not paid within ten (10) days of its due date shall be subject to a'den percent (10%) late
charge. Payments, when received by Lessor, shall be applied first to delinquent rents and late
charges, if any.
SECURITY DEPOSIT
A "security deposit" in the amount of One Thousand Three Hundred Twenty Five Dollars
($1,325.00), paid upon the execution of this Lease, shall be held by Lessor as security for the
performance by Lessee of all the terms, covenants, and conditions of :this Lease and/or the
correction of damage in excess of normal wear and tear; otherwise, the "se1curity deposit", or any
balance thereof, shall be returned without interest after the Lessee has vacated- and left the
premises in acceptable condition and surrendered all keys to Lessor. It is understood and agreed
that the said "security deposit" is not to be considered as the last payment under the Lease_
RENEWAL OPTION
Lessee shall have the right and option of renewing this Lease uponi the same terms and
conditions as herein contained for one (1) period of seven (7) years, provided that:
1. Lessee is not in default hereunder.
2. Lessee gives advance written notice of its exercise of thi' option
not less than ninety (90) days prior to the expiration of the original
term.
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3. Exercise of the option shall not act as a renewal also of this option,
so that the maximum term of this Lease and all renewals s,hall be
14 years.
4. During the renewal period, Base Rent shall be payable as slt forth
below:
Period
June 1, 2015 to May 31, 2019
June 1. 2019 to Mav 31. 2022
EARLY TERMINATION
PMT
Period Rent Monthly Rent
$18,300-00 $1,525.00
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Lessee shall have the right to terminate the Lease on the completion of? the thirty-sixth (36 h)
month of the Term by giving Lessor no less than one hundred eighty (180) days advance written
notice of the intent to exercise such right. Upon the termination, Tenalnt shall no longer be
bound by any obligations and/or covenants of the Lease, except Tenant shall pay to Landlord any
costs of unamortized TI allowance and Leasing Commissions.
PARKING
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Lessee shall have the use of the parking area adjacent to the rear of Lemoyne Square Plaza for
the use of employee parking. Parking for Lessee's customers and visitors shall be as available in
the parking area in front of Lemoyne Square Plaza.
PLACE OF PAYMENT
The rent reserved shall be promptly paid on the several days and times specified herein without
deduction or abatement, unless hereinafter provided to the contrary, at the principal office of
Lessor or such other address as Lessor may from time to time designate in writing.
INABILITY TO GIVE POSSESSION
Lessor shall not be liable to Lessee for any damage which may be caused tl? Lessee by the failure
of Lessor to give possession of the Space by June 1, 2008, if the failure is 'not due to any fault on
the part of Lessor, unless hereinafter provided to the contrary.
HOLDING OVER AS RENEWAL
A hold over by Lessee beyond the terms of this Lease or any hereinbIOfore duly authorized
additional term, or failure of Lessee to give notice of its intention to vacs the Space at the end
of such term at least 120 days prior to such end of term, shall, at the optioO of Lessor, be deemed
a renewal of this Lease on a month-to-month basis, with the renewal being under and subject to
all provisions contained in this Lease, with the exception of any provision or the base rental rate.
Monthly rent owed to Lessor during any hold over period shall be two h*dred percent (200%)
of the monthly rate upon expiration of the original term.
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UTILITIES & SERVICES, ETC.
The cost of the following utilities and services shall be the responsibility of the party as so
indicated below:
Utility / Service paid for by Lessor:
• Landscape & Lawn Care
• Snow Removal
• Parking Lot Maintenance
• Real Estate Taxes
• Structural & Roof Repairs
• Building Insurance
• Dumpster Service
• HVAC repairs for the Space more than a cumulative total of $1,000 in any given
Lease Year in Lease Years I through 3
• HVAC repairs for the Space more than a cumulative tota? $2,000 in any given
Lease Year after Lease Year 3
• HVAC Replacement for the Space
Utility / Service paid for by Lessee:
• Air Conditioning for the Space
• Heat for the Space
• Plumbing Repairs within the Space and for service exclusive to the Space
• Electricity for the Space
• Interior Repairs for the Space
• Janitorial Service for the Space
• Repairs less than $100 for the Space
• HVAC Maintenance for the Space
• HVAC repairs for the Space up to a cumulative total of $1 X600 per Lease Year in
Lease Years 1 through 3
• HVAC repairs for the Space up to a cumulative total of 2,000 per Lease Year
after Lease Year 3.
• Water - as billed by Lessor
• Sewer - as billed by Lessor
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Lessee, at Lessee's sole expense shall contract a professional HVAC specialist to evaluate and
certify the HVAC equipment serving the Space. Lessor, at Lessor's sol? expense, shall cause
any identified deficiencies to be resolved or necessary repairs to be made so that the HVAC
serving the Space is delivered to Lessee in good working order.
If Lessee desires to introduce computer or telephone wires and instruments, the Lessor will place
or direct the placing of same as to where, and how, and to what extent the are to be placed, and
without such direction, no boring or cutting for wires will be permitted. The attaching of wires
to the outside of the Building is absolutely prohibited. No attachment; shall be made to the
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electrical system of the Building for the running of electric fans or i
electricity, or for any other purpose without the written consent of the
electricity supplied to the demised premises shall not be used for any othe
fluorescent and incandescent lamps, typewriters, calculators, electric
dictating equipment, personal computers, and other office equipment th
unusual amount of electricity, without the written consent of Lessor. TI
reserves and retains the right to require the placing and using of electrica
prevent the transmission of excessive currents of electricity in, to, or throu;
require the changing of wires and their placing and arrangement as 1
necessary; and further, to require compliance on the part of all using or
wires with such rules as the Lessor may establish relating thereto,
noncompliance with the requirements and rules, the Lessor shall have th
cut and prevent the use of such wires.
NEGATIVE COVENANTS OF LESSEE
(a) Waste, Damage, or Injury to Premises; Restoration
Z009/016
rotors, for storing of
Lessor. Further, the
purpose than lighting
;locks, letter folders,
it will not require an
Lessor, in all cases,
protecting devices to
;h the Building, and to
ie Lessor may deem
eeking access to such
and in the event of
right to immediately
No waste, damage, or injury to the Space shall be committed, and at the end of the term, the
Space shall be restored, at the option of the 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 Le4se. This paragraph is
subject to the exceptions of ordinary wear and tear and unavoidable damjage by fire, elements,
casualty, or other cause or happening not due to Lessee's negligence.
(b) Lawful Possession, Fire Precautions, Machinery, Weights
Lessee shall not carry on any unlawful or immoral business in or about the Space, and shall not
carry on any business which will endanger the Building from fire or cause 6 forfeiture of any fire
insurance that Lessor has or may hereinafter have on the Building. LIessee shall use every
precaution against fire or activities which would cause a forfeiture of any 're insurance. Lessee
shall not operate any machinery or equipment that may be harmful to the Ouilding or disturbing
to other occupants of the Building, nor place weights in any portion of the !Space beyond the safe
carrying capacity of the structure.
(c) Sim
Lessee shall not place any signs upon the exterior of the Building nor cau§e any lettering of any
kind whatsoever to be placed upon the outside windows of the Bui1lding, except for the
designated exterior signage for the Space. Lessee may, however, place a sign upon the door of
the Space as well as professionally produced trade posters and advertisement in the windows of
the Space.
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(d) Alterations and Improvements
Lessee shall cause the improvements to the Premises, which meet all applicable codes and laws,
and include: j
1. Construction of interior walls and
illustrated per Exhibit A.
2. Hardwood flooring in the reception
drywall and paint the Premises.
removal of extra teception window as
area, new carpet in the offices, patch the
Lessor to provide a Tenant Improvement allowance of $2.00 per square foot per year of the
Lease. Reimbursement is only for renovations and build-outs and expenses directly associated
with the performance thereof, including but not limited to, architectural fees, permit fees, and
inspection fees.
Lessee shall make no alterations, additions, or improvements in or about the Space without
Lessor's prior written consent. All such work shall be done at such time and in such manner as
shall minimize any inconvenience to other occupants of the Building. As a condition precedent
to Lessor's consent, Lessee shall deliver to Lessor written plans and specifications for all work
and written plans and specifications for all heating, ventilating, and air conditioning alterations
and/or improvements. Lessor shall have the right to approve any contractor to be used by Lessee
in connection with any approved alterations and/or improvements to the Space. Lessee shall
comply with all governmental rules and regulations in connection with such work and shall
prevent any lien or obligation from being created against or imposed upon the Building and will
discharge all liens and charges for services rendered or materials furnished immediately after
said liens occur or such charge becomes due and payable. Any alterations, additions, or
improvements made by Lessee and any fixtures installed as part thereof, shall at Lessor's option
become the property of Lessor upon the expiration or sooner termination off this Lease; provided,
however, that Lessor shall have the right to require Lessee to remove such fixtures or
improvements and restore the Space to the same condition in which it was!!at the commencement
of the term, at Lessee's cost upon the expiration or sooner termination of this Lease.
(e) Vacation
Lessee shall neither vacate nor desert the Space during the term of this Luse nor permit same to
be empty and unoccupied.
(f) Assigning, etc. by Lessee
Lessee shall not have the privilege of assigning or subletting the Space, or mortgaging any
interest it may have by virtue of this Lease, unless the written consent of Lessor is first obtained,
such consent to be reasonable and shall not be arbitrarily withheld.
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LESSOR'S RIGHTS
(a) Right of Inspection
It is agreed and understood that Lessor, Lessor's duly authorized ag?nts, contractors, and
employees may enter the Space at reasonable times during the term for the (purpose of inspecting.
(b) Rules and Regulations
Lessor may from time to time establish reasonable rules and regulations for the safety, care, and
cleanliness of the Space and the Building, and for the preservation of good order therein. Such
rules and regulations shall, when notice thereof is given to Lessee, form a part of this Lease.
REMEDIES OF LESSOR
If Lessee should remove or prepare to remove, or attempt to remove from' the Space before the
expiration of the term or at any time during the continuance of this Lease, br if Lessee shall be in
default of any installment of rent for the period of twenty (20) days, or should there be a default
in any of the covenants or conditions as herein contained, and should Lessee fail to remedy such
default within twenty (20) days of receipt of written notice, or if Ussee should become
insolvent, or make an assignment for the benefit of creditors, or if a petition in bankruptcy is
filed by or against Lessee or a Bill of Equity or other proceeding for! the appointment of a
receiver for Lessee is filed, or if proceedings for reorganization or for composition with creditors
under any state or federal law be instituted by or against Lessee, or if the real or personal
property of Lessee shall be sold after levy by any Sheriff, Marshal, or constable, then in that
event, rent for the unexpired portion of the then current term of this LeMe, at the rate which is
then due and collectible under the terms of this Lease, shall immediately become due and
payable and shall be collectible by distraint or otherwise, and Lessor shall have the further right
in said event, to forfeit and terminate this Lease; the said forfeiture to Ibe effected by giving
notice in writing to Lessee herein or to the person then in charge of the Spaice.
RESPONSIBILITY OF LESSEE
(a) Damages or Injury to Property
All damages or injuries done to the Space 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 at its expense. 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 commerice 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, afid 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 r+nade may be collected
by the Lessor as additional rent for the use of the Space during the entire te?m.
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(b) Payment of Judgment, etc.
Lessee shall bear, pay, and discharge when and as the same becomei due and payable all
judgments and lawful claims for damages or otherwise against Lessor, arming from Lessee's use
or occupancy of the Space and will assume the burden and expense of defending all such suits,
whether brought before or after the expiration of this Lease, and will piotect, indemnify, and
save harmless Lessor, or Lessor's agents, servants, employees, and the public at large.
(c) Discharge of Liabili
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 Space and/or any
hart or portion of the Building of which the Space is a part, and from all liability for any and all
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(b) Payment of Judgment, etc.
Lessee shall bear, pay, and discharge when and as the same becomes due and payable all
judgments and lawful claims for damages or otherwise against Lessor, ariLing from Lessee's use
or occupancy of the Space and will assume the burden and expense of defending all such suits,
whether brought before or after the expiration of this Lease, and will piotect, indemnify, and
save harmless Lessor, or Lessor's agents, servants, employees, and the public at large.
(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 anwater pipe, gas pipe,
sewer, basin, water closet, steam pipe, and drain in any part or portion of the Space and/or any
part or portion of the Building of which the Space is a part, and from all liability for any and all
injury, loss and/or damage caused by the water, gas, steam, waste, and ?ontents 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.
RESPONSIBILITY OF LESSOR
(a) Partial or Total Destruction of Property
In the event that the Building or the Space shall be totally or substantially damaged by fire or
other casualty or happening, this Lease shall not terminate, but in such Ovent Lessor agrees to
repair, restore, or rebuild the Space as the case may be, subject to the availability of insurance
proceeds, to its condition immediately prior to such damage or destruction with due diligence
and within four (4) months after such damage; and in the event that the demised premises cannot
be repaired, restored, or rebuilt as aforesaid, within such four (4) months' period, Lessor's sole
remedy shall be the right to cancel and terminate this Lease without furtHer liability on the part
of either party. The rent payable hereunder shall entirely abate in case the demised premises are
substantially destroyed or so damaged as to be rendered untenantable, of abate proportionately
according to the extent of the injury or damage sustained by the Space, i? it is not substantially
destroyed but is rendered partially untenantable, until the Space shall have been restored,
repaired, or rebuilt, as the case may be, and put in proper condition 6,r use and occupancy.
Lessor agrees to institute such repairs immediately after such damage anto complete the same
with due diligence and within a reasonable time. Partial destruction shall be restored within
ninety (90) days from the date of destruction, and complete destruction shall be completely
rebuilt within 120 days from the date of destruction to the extent feasible.
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(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 the Space, the interruption in the use of the Space, or the termination of this Lease by
reason of the destruction of the Space.
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 Space to
Lessor at the expiration of the term hereof, whenever it may be determinled. On failure to pay
rent due for twenty (20) days, or upon breach of any other condition of t?is Lease, as possibly
modified by the Paragraph entitled "Remedies of Lessor" 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 reenter the premises ;and dispossess Lessee
without thereby becoming a trespasser. Lessee hereby waives the benefit(s) of all exemption
laws of this Commonwealth that are now 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 also waive the benefit of stay of
execution, inquisition, extension, right of appeal, certiorari, and all errors in all proceedings
arising out of this Lease. Lessee does also hereby waive any and all dem?nnd for payment of the
rent herein provided for, either on the day due or on any other day, either ?n the land itself or in
any other place, and agrees that such demand shall not be a condition of re, ntry or of recovery of
possession without legal process or by means of any action or proceeding vlrhatsoever.
CONFESSION OF JUDGMENT
If rent and/or charges hereby reserved as rent shall remain unpaid for twenty (20) days beyond
any day when the same should be paid, 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 lagreed to be paid by
Lessee and/or to sign for Lessee an agreement for entering into any compe ent court an amicable
action or actions for the recovery of rent or other charges or expenses, ;d 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 un?xpired 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 an attorney's commission of
ten percent (10%); and judgment in ejectment as herein provided may be entered concurrently
therewith. Judgment may be confessed repeatedly until any deficiency is collected.
EJECTMENT
At the end of said term, whether the same shall be determined by forfeituie or expiration of the
term, or upon the breach of any of the conditions of this Lease, as possibly modified by the
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Paragraph entitled "Remedies of Lessor" hereof, Lessee authorizes any attorney of a court of
record in Pennsylvania to appear for Lessee in an amicable action of ??' jec?tment and confess
judgment against Lessee in such action and Lessee in such event ifurther authorizes the
immediate issuance of a Writ of Possession for the same, with Writ of E'ecution for the costs,
and with reasonable attorney's fees for prosecution of such action.
LIABILITY RELIEF
Lessee hereby relieves Lessor from all liability by reason of any injury, less, and/or damage to
any person or property in the Space which may arise from or be due to the use, misuse, or abuse
of the elevator(s), if any, hatches, openings, stairways, or hallways, that may be (or have been)
constructed in the Building, or from any kind of injury, loss, and/or damage which may arise
from any other cause on the premises or in the Building.
POSSESSION DEFINED
Possession of the Space includes the exclusive use of the same, together wrath the use, in common
with any other occupants of the Building, of the hallways, stairs, elevator; toilet rooms, parking
area, heat, air conditioning, electricity, lighting, and water.
REMEDIES CUMULATIVE
All remedies of Lessor shall be cumulative and concurrent.
CONDEMNATION
In the event that the Space 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 leased space taken or
condemned or shall cease if the entire Space 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 Space by delivering a fifteen (15) day
written notice to Lessor. In any event, Lessee waives all claims a ainst Lessor and the
condemning authority by reason of the complete or partial taking of the Sp?e.
SUBORDINATION OR SUPERIORITY; ASSIGNMENT BY LESSOR
The rights and interests of Lessee under this Lease shall be subject and subordinate to any first
mortgage that may be placed upon the Space and to any and all advances t be made thereunder,
and to the interest thereon, and all renewals, replacements, and extensions thereof Any
mortgagee may elect to give the rights and interest of Lessee under this I;ease priority over the
lien of its mortgage. In the event of such election and upon notification by such mortgagee to
Lessee to that effect, the rights and interests of Lessee under this Lease shjall be deemed to have
priority over the lien of said mortgage, whether this Lease is dated prior tb or subsequent to the
date of said mortgage. Lessee shall execute and deliver whatever instruments may be required
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for such purposes and in the event Lessee fails to do so within ten (10) days after demand in
writing, Lessee does hereby make, constitute, and irrevocably appoint Lessor as its attorney-in-
fact and in its name, place and stead so to do. Lessor may assign its interest in this Lease or any
part thereof, and such assignee shall thereupon be deemed Lessor hereunder.
QUIET ENJOYMENT
Lessee, upon paying the said rent and performing the covenants of this Llease, on its part to be
performed, shall and may peaceably and quietly have, hold, and enjoy the Space for the term
aforesaid and any herein duly authorized additional term.
NOTICE OF TERMINATION
Anything heretofore notwithstanding, a written notice that Lessee intends to terminate this Lease
shall be delivered to Lessor at least 120 days prior to the end of the term of, this Lease or Lessee's
inaction shall, at the option of Lessor, result in the renewal of this Lease for a further term of
thirty (30) days, and so on from month to month and the renewal(s) shall de under and subject to
all the provisions as contained in this Lease; provided, however, that such' renewal(s) shall be at
a rental rate equal to two hundred percent (200%) of the monthly rate upon the expiration of the
original term.
NOTICES
Any notice, demand, request or other instrument which may be or is required to be given
under this Lease shall be delivered in person or sent by United States Certified or Registered
Mail, postage prepaid, and shall be addressed;
(a) if to Landlord, at the following address:
P.O. Box 622
Lemoyne, PA 17043
(b) if to Tenant, at the Premises with a copy to the following address:
1549 Potomac Avenue
Hagerstown, MD 21742
Either party may designate another address by giving written notice.
ADA REQUIREMENTS
Lessee shall comply with all laws, ordinances, regulations, insuran?e requirements, and
requirements of The United States Department of Justice's Americans ;with Disabilities Act
(ADA) concerning Lessee's use of the Premises and any fixtures, madhinery, or equipment
therein. Lessor shall comply with all laws, ordinances, regulations, insur4nce requirements, and
requirements of The United States Department of Justice's Americans with Disabilities Act
(ADA) concerning the Building's and the Premises' overall construction.
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i
USE & OCCUPANCY PERMITS
Lessee shall be responsible to secure and keep current any use and occwpancy permits which
may be required by any state or local governmental authority having jurisdiction over the Space
at any time during the term of this lease agreement or any renewals or extensions thereof.
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 or triplicate as the case may be) and that no part or items are
omitted, unless the same be hereinafter modified by written agreement(s). i
HEIRS, ETC.
This Lease shall be binding upon the parties hereto and their respective successors and/or
assigns.
IN WITNESS WHEREOF the parties have hereunto set their hands as individuals or the hands
and seals of their respective corporation or partnership, hereunto duly authorized, intending fully
to be bound thereby.
LESSOR: Lemoyne Square Plaza Properties, a Pennsylvania Geneial Partnership
Title: OL?._
WITNESS: Date: G b
K & K Hearing
Title:
WITNESS:_ Date: ZI 7
12
?0!Yk0?nc ?? ??? r ?N?
VS.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. /G - 2 3C 2 Civil.'f9.-
c A-
2
-17
t l
aJ rA(?SS
?i
` r e.r iT?
To
Prothonotary
4
Attorney for Plaintiff V 1A,1' U L Ar,"
No. Term, 19
vs.
PRAECIPE
Filed 19
Atty.
David J. Lanza
I.D. No. 55782
2132 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
LEMOYNE SQUARE PLAZA PROPERTIES,
Plaintiff
V.
KIM KELLER, individually and trading as K & K
HEARING ASSOCIATES and K & K HEARING
ASSOCIATES, LLC,
Defendants
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
TO: KIM KELLER, individually and trading as
K & K HEARING ASSOCIATES and K & K HEARING ASSOCIATES, LLC,
1549 Potomac Avenue
Hagerstown, MD 21742
You are hereby notified that on ?Z/ /07/ # , 2010, judgment by confession was
entered against you in the sum of $99,228 25, in the above-captioned case.
DATE: V /v D . Ipm I I ) _/ (J
Y??
Prothonot ry
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A L WYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
1 hereby certify that the following is the address of the Defendants stated in the certificate of residence:
KIM KELLER, individually and trading as
K & K HEARING ASSOCIATES and K & K HEARING ASSOCIATES, LLC,
1549 Potomac Avenue
Hagerstown, MD 21742
Attorney for Plaintiff
13216-141
David J. Lanza
I.D. No. 55782
2132 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
LEMOYNE SQUARE PLAZA PROPERTIES,
Plaintiff
V.
KIM KELLER, individually and trading as K & K
HEARING ASSOCIATES and K & K HEARING
ASSOCIATES, LLC,
Defendants
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. f (6' Ph)_ ?/ U'
CIVIL ACTION - LAW
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
TO: KIM KELLER, individually and trading as
K & K HEARING ASSOCIATES and K & K HEARING ASSOCIATES, LLC,
1549 Potomac Avenue
Hagerstown, MD 21742
A judgment in the amount of $99,228.25 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 YOUR 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.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
1
r ?
BY:
13216-141 David J. Lanza