HomeMy WebLinkAbout10-5275
JOHNSON, DUFFIE, STEWART & WEIDNER
By: John R. Ninosky
I. D. No. 78000
Elizabeth D. Snover
I.D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
aOro AUG tl PM 3:01
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Ct.?{ _ Attorney,l<gcPlaintiff
JOHN M. KOSTECKY, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 10- 5a?5 CIVIL TERM
VITETTA GROUP INCORPORATED, ARBITRATION
Defendants
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
Telephone: 717-249-3166
C=am
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AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted'desea defenderse de las
demandas que se presentan mcis adelante en las siguientes p6ginas, debe tomar accibn dentro
de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una.comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui.en contra suya.
Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso
puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o
cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros
derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
Telephone: 717-249-3166
JOHNSON, DUFFIE, STEWART & WEIDNER
By: John R. Ninosky
I.D. No. 78000
Elizabeth D. Snover
I.D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
JOHN M. KOSTECKY, JR.,
Plaintiff
V.
VITETTA GROUP INCORPORATED,
Defendants
COMPLAINT
ARBITRATION
1. The Plaintiff, John R. Kostecky, Jr., (hereinafter "Kostecky"), is an adult
individual with a principal place of business at 214 North Front Street, Wormleysburg,
Cumberland County, Pennsylvania 17043.
2. The Defendant, Vitetta Group Incorporated (hereinafter "Vitetta"), is a
Pennsylvania corporation with a principal place of business and registered office address of
4747 S. Broad Street, Philadelphia, PA 19112. It is believed and averred that Alan P. Hoffman
is the President of Vitetta.
3. This action arises out of a lease that was entered into between Kostecky
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CIVIL TERM
("Landlord") and Vitetta ("Tenant") on June 15, 1998, for the property located at 224 North Front
k
Street, Wormleysburg, Cumberland County, Pennsylvania 17043 (hereinafter "1998 Lease"). A
true and correct copy of the 1998 Lease is attached and incorporated herein as Exhibit "A".
4. The 1998 Lease provides that Vitetta was obligated to pay an annual base rent
of Eleven Thousand Four Hundred Twenty Dollars ($11,420.00) monthly throughout the seven
(7) year term of the 1998 Lease. See, Exhibit A ¶¶ C-D).
5. Base rent was to be paid in advance on or before the first day of each month.
See, Exhibit A ¶ D).
6. The 1998 Lease further provided that additional rent of all real estate taxes and
assessments, insurance premiums, repairs and maintenance, and utility services for the
Premises would be paid by Vitetta thirty (30) days after receipt of a statement of the same from
Kostecky. See, Exhibit A ¶¶ E, H, K, N).
7. Tenant was also obligated, pursuant to the 1998 Lease, to pay a late charge of
five percent (5%) on all payments due to the Landlord (Kostecky) not paid within ten (10)
calendar days of when due. See, Exhibit A ¶ F).
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8. Pursuant to the 1998 Lease, if the parties had a dispute which could not be
resolved within ten (10) days of written notice of Landlord exercising its rights to arbitrate, the
parties agreed to submit to the arbitration process of the Court of Common Pleas of
Cumberland County with the losing party paying all costs or as the arbitrator shall decide. See,
Exhibit A ¶ U).
9. At the end of the original term of the 1998 Lease, the parties entered into an
addendum (hereinafter "2005 Addendum") wherein the parties agreed to an additional five (5)
year term commencing on June 16, 2005 and ending on June 16, 2010. A true and correct
copy of the Addendum is attached hereto as Exhibit B.
10. The 2005 Addendum changed the base rent to Ten Thousand Four Hundred
and Forty-one Dollars ($10,441.00) per month to be paid in advance beginning on June 16,
2005, and payable on the same day each and every month thereafter during the term plus any
additional rent and charges applicable under the terms of the 1998 Lease. See, Exhibit B).
11. All other terms of the 1998 Lease remained in effect for the additional term.
See, Exhibit B).
12. On April 23, 2010, Kostecky became aware that Vitetta did not intend to seek
another term under the 1998 Lease and 2005 Addendum.
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(. ,
13. On that date, Kostecky sent a letter to Vitetta advising it that the rental payment
for the month of May 2010 shall still include the triple net requirements to pay additional rent,
however, the payment for sixteen (16) calendar days under the Lease and Addendum for June
2010 should be for pro- rated base rent plus utility expenses incurred for June 1, 2010 to June
16, 2010. A true and correct copy of the April 23, 2010 letter (though unsigned) is attached
hereto as Exhibit C.
14. Vitetta failed to make the rental payment (which included base rent and
additional rent) required for the month of May 2010.
15. Vitetta also failed to make the pro-rated base rent and utilities payment for the
sixteen (16) calendar days in the month of June 2010.
16. Kostecky sent a letter dated June 17, 2010, wherein he set forth the amount due
under the 1998 Lease and 2005 Addendum by Vitetta including a demand for additional rent
due which totaled $19,749.62 in arrears. That June 17, 2010 letter is attached hereto as Exhibit
D.
17. Despite demand for payment by Kostecky, Vitetta continued to fail to make these
payments.
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18. By letter dated July 8, 2010, counsel for Kostecky sent a demand and notice of
intent to exercise arbitration rights under paragraph U of the 1998 Lease to Vitetta's President,
Alan Hoffman. A true and correct copy of the letter, with green card evidencing receipt, is
attached hereto as Exhibit E.
19. The July 8, 2010 letter also set forth the late charges required to be paid under
the terms of the 1998 Lease and 2005 Addendum.
20. According to the 1998 Lease and 2005 Addendum, Vitetta has failed to pay
Kostecky the following:
a. May 2010 Rent with Late Charge $10,963.05
b. June 2010 Rent (16 days) $ 5,568.53
C. Late Charge for June Rent $ 278.43
d. Additional Rent
i. Sun Service System Companies $ 600.00
ii. Napoli Landscaping $ 801.40
Napoli Landscaping $ 598.90
iv. PA American Water Bill $ 70.11
V. Napoli Landscaping $ 869.20
TOTAL: $19,749.62
21. Vitetta is obligated to pay these delinquent sums plus court costs and attorneys'
fees pursuant to the 1998 Lease and 2005 Addendum.
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COUNT I - Breach of Contract
JOHN M. KOSTECKY. JR. V. VITETTA GROUP INCORPORATED
22. Plaintiff incorporates the averments of Paragraphs 1 through 21 above as if fully
set forth herein.
23. Pursuant to the 1998 Lease and 2005 Addendum, Vitetta is obligated to make
prompt and timely payments of all amounts due to the Landlord and to make prompt and timely
performance of all obligations of the Tenant pursuant to the Lease.
24. Currently, Vitetta is in default pursuant to the 1998 Lease and the 2005
Addendum for failing to pay a total of Nineteen Thousand Seven Hundred Forty-nine Dollars
and Sixty-two Cents ($19,749.62) due and owing to Kostecky.
25. Kostecky has demanded the aforesaid sums from Vitetta, and gave Vitetta 10
days notice of his intention to bring this matter to arbitration as required under the 1998 Lease,
but Vitetta has refused and neglected and continues to refuse and neglect to pay the same or
any part thereof.
26. There is no security deposit required under the 1998 Lease or 2005 Addendum
to provide Vitetta with any credit towards this amount due and owing.
WHEREFORE, Plaintiff, John M. Kostecky, Jr., demands judgment against Defendant,
Vitetta Group Incorporated, in the amount of Thousand Seven Hundred Forty-nine Dollars and
6
Sixty-two Cents ($19,749.62) together with all attorneys' fees spent in connection with this
collection matter which will be determined at the time of arbitration, plus costs pursuant to the
1998 Lease and 2005 Addendum and interest awarded pursuant to law and any other relief that
the Arbitrators in this matter find appropriate.
Respectfully submitted,
JOHNSON UFFIE, STEWART & WEIDNER
Awl
By:
Jon R. Ni os y, Esquire
A orney I.D. No. 78000
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Date: August 9, 2010 Attorneys for Defendant
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1i
1,
VERIFICATION
I, John M. Kostecky, Jr.., verify that the statements made in the foregoing Complaint are true
and correct to the best of my knowledge, information and belief. I understand that false statements
made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
authorities.
ohn M. Kbstecky, Jr.
Dated:
?.[?' 3 ???
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,i
INDEX
Paae
Parties and Introduction . . . . . . . . . . . . . . . . . . . 1
A. Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
B. Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
C. Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D. Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
E. Additional Rent . . . . . . . . . . . . . . . . . . . . . . 2, 3
F. Late Charges . . . . . . . . . . . . . . . . . . . . . . . . . 3
G. Right of First Refusal . . . . . . . . . . . . . . . . . . . . 3
H. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . 3, 4
I. Tenant's Care . . . . . . . . . . . . . . . . . . . . . . . . 4
J. Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . 4
K. Maintenance and Repairs . . . . . . . . . . . . . . . . . . 4, 5
L. Alterations and New Construction . . . . . . . . . . . . . . . 5
M. Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
N. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . 6
0. Indemnification of Landlord . . . . . . . . . . . . . . . . . 6
P. Damage to and Destruction of the Leased Property . . . . . . 6, 7
Q. Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . 7
R. Fixtures and Personal Property . . . . . . . . . . . . . . . . 7
S. Default . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 8
T. Remedies Cumulative . . . . . . . . . . . . . . . . . . . . . 8
U. Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . 9
V. Landlord's Right to Access the Leased Property . . . . . . . . 9
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,+
Pane
W. Tenant's Compliance with Laws and Regulations . . . . . . . . 9
X. Assignment, Sublease and Mortgage . . . . . . . . . . . . . . 9
Y. Quiet Enjoyment . . . . . . . . . . . . . . . . . . . . . . . 9
Z. Subordination . . . . . . . . . . . . . . . . . . . . . . . . 10
AA. Estoppel . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
A. B. Attornment . . . . . . . . . . . . . . . . . . . . . . . . . . 10
AC. Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . 11
AD. Rules and Regulations . . . . . . . . . . . . . . . . . . . . 11
AE. Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
AF. Bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . 11, 12
AG. Surrender . . . . . . . . . . . . . . . . . . . . . . . . . . 12
AH. Holding Over . . . . . . . . . . . . . . . . . . . . . . . . . 12
AI. Notices . . . . . . . . . . . . . . . . . . . . . . . . . 12, 13
AJ. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 13
AK. Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . 13
AL. Governing Law . . . . . . . . . . . . . . . . . . . . . . . . 13
AM. Successors . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Sign ature Page . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Attachment - Exhibit A . . . . . . . . . . . . . (reference ¶K, pg.4)
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i'4102-14-2/COMMERCIAL LEASE/EMM/vlf 06/18/98 6:24pm
?
COMMERCIAL LEASE
THIS LEASE, made this 15th day of JUNE, 1998, by and between
JOHN M. KOSTECKY, JR., an individual, of 214 North Front Street,
Wormleysburg, PA, 17043, hereinafter called "Landlord"
A N D -
VITETTA GROUP-INCORPORATED, a Pennsylvania corporation, of
642 North Broad Street, Philadelphia, PA, 19130, hereinafter called
"Tenant".
W I T N E S S E T H:
WHEREAS, Landlord is the owner of certain real estate and the
improvements thereon, located at 224 North Front Street, Wormleysburg,
Pennsylvania, hereinafter called the "Leased Property"; and
WHEREAS, Landlord desires to lease and Tenant desires to rent
the Leased Property, the premises.
NOW, THEREFORE, Landlord, in consideration of the rents and
covenants set forth herein, leases unto Tenant and Tenant rents from
Landlord the Leased Property as defined above, and the parties agree
as follows:
A. Premises.
The Leased Premises is a building which the Landlord hereby
represents consists of 7,831 useable gross square feet on land known
and numbered as 224 North Front Street, Wormleysburg, Pennsylvania.
Tenant shall have the right to use the main parking area, as well as
the parking area on the West side of River Street. All parking areas
shall be maintained along with the surrounding grounds, including
lawn, shrubbery and tree maintenance and snow removal.
In the event Landlord erects an additional structure on the land
for rental purposes, either free standing or an addition to the
premises, Tenant shall have the first right to lease the additional
space under terms and conditions to be mutually agreed upon by the
parties.
B. Use.
Tenant agrees that the Leased Property shall be occupied by no
other person or entity except upon and with the written consent of
Landlord. Tenant agrees that the Leased Property shall be used for
the sole purpose of a professional architectural and engineering
design services facility.
C. Term.
The term of this Lease shall be for a period of seven (7) years
and shall commence on June 15, 1998, and end at midnight June 15,
2005, unless sooner terminated as herein provided.
D. Rent.
Tenant agrees to pay Landlord for the use of the Leased Property,
without demand, deduction or set-off, total rent in the amount of
Seventeen and 50/100 Dollars ($17.50) per square foot triple net for
Seven Thousand Eight Hundred Thirty-One (7,831) gross square feet.
Rent is payable in equal monthly installments of Eleven Thousand Four
Hundred Twenty Dollars ($11,420.00). Each monthly installment is
payable in advance beginning July 1, 1998, and on the same day of each
and every month thereafter during the term hereof, plus any additional
rents and charges applicable under the terms of this Lease.
E. Additional Rent.
1. In addition to the Rent set forth in Paragraph D,
Tenant shall pay directly to the providers as Additional Rent
during the term of this Lease the following charges:
a. All real estate taxes, assessments and other
governmental charges and levies of any kind or nature
whatsoever, foreseen and unforeseen, which may be levied,
assessed or imposed or become liens upon the Leased Property
during the term of this Lease.
b. All premiums for policies of fire, casualty,
extended coverage or liability insurance maintained by
Landlord for the Leased Property.
C. All repairs and maintenance expenses to the Leased
Property, including the main building, the parking lot and
adjacent curtilage, the walkways and driveways, snow-
removal, parking lot maintenance, mowing and landscaping.
d. Utility services such as trash removal, janitorial
services, electricity, heat, water and sewer services.
2. The Additional Rent shall be due and payable within
thirty (30) days after receipt by Tenant of a statement from
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Landlord for all or any portion of the Additional Rent charges,
provided Landlord attaches to such statement, copies of the
invoices for which payment is due.
3. At the conclusion of the original term, and at any time
thereafter, whether at the termination of the Lease or otherwise,
Landlord may reconcile the actual costs incurred with the
payments of Additional Rent received, and submit a demand for
payment in the event Tenant has underpaid the actual Additional
Rent charges. Tenant shall then pay the Additional Rent due
within Ten (10) days of demand therefor. In the event of an
overpayment, Landlord shall refund the excess payment to Tenant
within Twenty (20) days of verification of overpayment.
4. In determining the amount of any Additional Rent, the
expenses of Landlord incurred during the calendar year shall be
considered base year amounts.
F. Late Charges.
If Tenant fails to pay Minimum
other charge due under the terms of
the due date, a late charge equal to
of the payment due shall be assessed
collectible as Additional Rent.
Rent, Additional Rent, or any
this Lease within Ten (10) days of
five percent (5%) of the amount
and shall be immediately due and
G. Right of First Refusal.
Landlord hereby grants to Tenant the right of first refusal to
lease the premises known and numbered as 214 and 220 North Front
Street, Wormleysburg, Pennsylvania. Regardless of whether or not
Tenant exercises the right of first refusal, Landlord hereby agrees
that he shall not lease the premises.to either an architecture or
engineering business for the period of time during which the existing
Lease, including any extensions, is in effect.
H. Utilities.
Tenant shall pay for all utility services furnished to or used by
it in connection with Tenant's occupancy of the property. Should
Tenant fail to pay for any such utility or service when due, Landlord
shall have the right to pay the same, and the amount as paid shall be
chargeable to Tenant as Additional Rent. Landlord shall not be
responsible in any way in the event that the supply of any utility
service to the Leased Property is cut off by any reason of any cause
beyond the control of Landlord. Tenant hereby releases Landlord from
any damage which may result to it by reason of the failure of the
supply of electricity, telephone or any other utility service.
In further consideration of securing this Lease at the above
stated rental, Tenant hereby releases and discharges Landlord, its
successor or assigns, from any and all liability for damage that may
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result from the bursting, stoppage and leaking of water pipe,
sprinkler system, gas pipe, sewer basin, water closet, steam pipe and
drain or from any damage occasioned by wind, water, snow or ice being
upon or coming through the roof, skylights, doors or otherwise and
from all liability for any and all damage caused by the above or any
utility service or water, gas, steam, waste and contents of any said
water pipes, gas pipes, steam pipes, sewers, basins, water closets and
drains.
1. Tenant's Care.
Tenant shall use the Leased Property in a good and orderly manner
and shall maintain the Leased Property in a clean and safe condition
and in compliance with all applicable ordinances and governmental
regulations.
Tenant shall not do or permit to be done any act or thing in or
upon the Leased Property which will invalidate or be in conflict with
the certificate of occupancy or the terms of the Commonwealth of
Pennsylvania standard form of fire, boiler, sprinkler, water damage or
other insurance policies covering the building and the fixtures and
property therein; and Tenant shall, at Tenant's own expense, comply
with all rules, orders, regulations or requirements of the
Pennsylvania Board of Fire Underwriters or any other similar body
having jurisdiction, and shall not knowingly do or permit anything to
be done in or upon the Leased Property or bring or keep anything
therein or use the Leased Property in a manner which increases the
rate of fire insurance upon the building or on any property or
equipment located therein over the rate in effect at the commencement
of the term of this Lease, including, but not limited to, the storage
of explosive or flammable materials in or on the Leased Property.
J. Inspection.
Tenant acknowledges that Tenant has examined the Leased Property
prior to the making of this Lease, knows the condition thereof, and
that the Leased Property is in such condition as to enable Tenant to
carry on and maintain Tenant's business operations. Tenant hereby
accepts the Leased Property in its present condition at the date of
the execution of this Lease. Tenant shall have the opportunity to
engage a building inspector to conduct an inspection within thirty
(30) days following the execution of the Lease. Tenant shall have the
right to discuss any discrepancies with the Landlord.
R. Maintenance and Repairs.
The Leased Property is leased to Tenant "as-is" as of
September 1, 1998, in accordance with Exhibit A. Tenant shall, at its
own cost and expense, maintain the property including any glass,
doors, fixtures, machinery and equipment in good condition and repair.
Tenant shall also be responsible for all general interior repairs
including those to lighting fixtures, electrical wiring, plumbing,
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heating and air conditioning systems, redecorating, repainting and
cleaning. Tenant shall be responsible to maintain the exterior
grounds of the Leased Property including snow removal, lawn, shrubbery
and tree maintenance. Landlord shall not have any responsibility to
maintain the Leased Property except for the structural walls and roof
of the building. Upon expiration or termination of this Lease, Tenant
shall deliver the Leased Property to Landlord in as good condition and
repair as existed at the commencement of the term, ordinary wear and
tear excepted. Tenant shall also immediately repair any damage to the
Leased Property during the term of this Lease.
L. Alterations and New Construction.
Tenant shall make no alterations, additions, or improvements in
or about the Leased Property without Landlord'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 Landlord's consent, Tenant shall deliver to
Landlord written plans and specifications for all work and written
plans and specifications for all heating, ventilating and air
conditioning. Landlord shall have the right to approve any contractor
to be used by Tenant in connection with any approved alterations and
improvements to the Leased Property. Tenant 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 property 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 Tenant and any fixtures installed
as part thereof, shall at Landlord's option become the property of
Landlord upon the expiration or sooner termination of this Lease;
provided, however, that Landlord shall have the right to require
Tenant to remove such fixtures or improvements and restore the Leased
Property to its original condition at Tenant's cost upon the
expiration or sooner termination of this Lease.
M. Waste.
Tenant shall use the Leased Property in a good and orderly manner
and shall maintain the Leased Property in a clean and safe condition
and in compliance with all applicable ordinances and governmental
regulations. Tenant shall not permit or cause any hazardous or
dangerous condition to exist upon the Leased Property or in any manner
be in violation of Landlord's insurance requirements which exist from
time to time. Landlord has the right to enter and to inspect the
condition of the Leased Property from time to time in order to
determine Tenant's compliance with the provisions of this paragraph.
Tenant shall maintain its business solely within the Leased Property
and shall not be permitted to maintain or store any items outside or
on any other part of Landlord's property. Tenant shall comply with
such reasonable rules and regulations as Landlord may from time to
time adopt.
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N. Insurance.
Tenant shall keep in full force and effect comprehensive, general
and contractual liability insurance against claims for bodily injury
or death, personal injury including claims brought by employees, and
property damage in or about the Leased Property. The company writing
such insurance shall be one approved by the Commonwealth of
Pennsylvania, and the amount of insurance shall be not less than one
Million ($1,000,000.00) Dollars per occurrence in respect of bodily
injury or personal injury or death, and not less than One Million
Dollars ($1,000,000.00) for property damage. Such insurance shall
include Landlord's interest and name Landlord as additional insured
and shall provide for at least thirty (30) days notice to Landlord
before cancellation. Tenant shall carry fire and extended coverage on
all Tenant's improvements and betterments, and any glass, equipment,
furniture, fixtures, inventory and supplies or other property of
Tenant's in the space in the amount of at least 80% of the full
replacement cost thereof. Tenant shall deliver to Landlord the
policies or certificates evidencing the aforesaid insurance coverage
at the commencement of the term of this Lease and a new policy or
certificate at least ten days prior to the expiration of each such
policy.
0. Indemnification of Landlord.
Tenant agrees to indemnify, defend and save harmless Landlord
from and for any and all claims, causes of action, liabilities,
demands or judgments including any costs, expenses and reasonable
attorney's fees arising out of injuries to persons or damages to
property arising from the negligence or willful act or omission of
Tenant or its invitees, licensees, servants, agents, employees,
contractors or any other person, firm or entity claiming against
Landlord for any reason whatsoever, through or by reason of Tenant's
operation of the Leased Property. Landlord shall indemnify Tenant
from any claims arising from his negligence with respect to Premises.
P. Damage to and Destruction of the Leased Property.
In the event of damage to or destruction of the Leased Property
rendering it untenantable for whatever reason, Landlord shall have no
obligation to rebuild the Leased Property and this Lease shall
thereupon terminate. In the event that the Leased Property is
partially damaged by fire or other casualty, the Landlord covenants to
repair the same as promptly as is reasonably possible. However, said
repairs need not be made before settlement has been reached with the
insurance carrier or carriers. Repairs shall be undertaken within ten
(10) days following the receipt of insurance proceeds. The Tenant
shall have the obligation to pay a monthly rental prorated based upon
the remaining useable square footage while the repairs are being made,
provided Tenant continues to occupy the Leased Property.
- 6 -
?i
All damages or injuries done to the Leased Property by Tenant,
Tenant's employees, agents, customers, invitees or licensees, and
other persons for whom Tenant is responsible, other than those caused
by ordinary wear and tear, shall be repaired by Tenant at Tenant's
expense. Tenant covenants and agrees to make such repairs upon twenty
(20) days written notice given to Tenant by Landlord, and if Tenant
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, Landlord shall have the right to make such repairs at the
expense and cost of Tenant, and the amount thereof may be collected as
additional rent.
Q. Condemnation.
In the event that the Leased Property or any part thereof is
taken or condemned for 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 Leased
Property be so taken. If a part taken substantially and unreasonably
interferes with the function and efficiency of Tenant's business,
Tenant may terminate this Lease on the remaining portion of the Leased
Property by delivering a twenty (20) day written notice to Landlord.
In any event, Tenant waives all claims against Landlord and the
condemning authority by reason of the complete or partial taking of
the Leased Property.
R. Fixtures and Personal Property.
All fixtures installed by the Tenant in the Leased Property shall
be removed by Tenant, and if not so removed, shall within thirty (30)
days, at the Landlord's option, become the property of the Landlord
upon the expiration or sooner termination of this Lease. Any such
fixtures remaining on the Leased Property after the expiration of the
term of this Lease shall be deemed abandoned by the Tenant and shall
become the property of the Landlord.
The Landlord agrees that the term "fixtures" as used in this
paragraph specifically shall include any machinery or equipment leased
or borrowed by the Tenant, and the Landlord agrees that the legal
owner of said machinery or equipment shall have the right to remove
said machinery or equipment from the Leased Property notwithstanding
the manner or mode of attachment. In the event any removal of
machinery, equipment or fixtures shall injure or damage the Leased
Property, the Tenant agrees to repair such damage at its own expense.
S. Default.
If default by Tenant in the payment of rent or additional rent or
any other charge herein reserved remains unpaid for ten (10) days
after written notice from Landlord, or if Tenant repeatedly violates
the terms of this Lease, or if Tenant abandons or vacates the property
- 7 -
for a period of ten (10) consecutive days, or if any other default by
the Tenant remains uncorrected for ten (10) days after written notice,
Landlord may, in addition to its other rights or remedies, change the
locks on the doors to the Leased Property without terminating this
Lease and exclude Tenant therefrom until all defaults shall have been
cured, without any liability to Tenant or others therefor. No such
action by Landlord shall be deemed to terminate this Lease unless
Landlord elects to do so in a written notice to Tenant.
No right or remedy herein conferred or reserved to Landlord is
intended to be exclusive of any other right or remedy herein or
provided by law. All such rights and remedies shall be deemed
cumulative and in addition to any right or remedy provided by law or
equity.
In the event of any breach of this Lease by Tenant, which shall
not have been cured within Ten (10) days after written notice of such
breach, then Landlord, in addition to any other rights or remedies
Landlord may have, shall have the immediate right of re-entry. Should
Landlord elect to re-enter, as herein provided, or should Landlord
take possession pursuant to legal proceedings or pursuant to any
notice provided for by law, Landlord may either terminate this Lease
or Landlord may from time to time, without terminating the Lease,
relet said Property or any part hereof for the account of Tenant for
such term or terms and at such rental or rentals and upon such terms
and conditions as Landlord in Landlord's own discretion may deem
advisable. Rentals received from such letting shall be applied:
first, to the payment of any indebtedness, other than rent, due
hereunder from Tenant to Landlord; second, to the payment of rent due
and unpaid hereunder; and third, to the payment of any cost of such
re-letting. Should such rentals received from such re-letting during
any month be less than that agreed to be paid during that month by
Tenant hereunder, the Tenant shall pay such deficiency to Landlord.
Such deficiency shall be calculated and paid monthly. However, if any
default shall occur, other than in the payment of rent, which cannot
with due diligence be cured within a period of Ten (10) days, and
Tenant prior to the expiration of Ten (10) days from and after the
receiving of notice from Landlord, commences to eliminate the cause of
such default and proceeds diligently and with reasonable dispatch to
take all steps and to do all work required to cure such default, then
Landlord shall not have the right to declare the said term ended by
reason of such default.
T. Remedies Cumulative.
The rights and remedies provided by this Lease are cumulative and
the use of any one right or remedy by either party shall not preclude
or waive its right to use any or all other remedies. Said rights and
remedies are given in addition to any other rights the parties may
have by law, statute, ordinance or otherwise.
- 8 -
,a
U. Arbitration.
At the option of either party, matters of irreconcilable dispute
may be resolved by an Arbitrator. The single Arbitrator shall be
selected from the Panel of Arbitrators as designated by the Cumberland
County Court. Such Arbitrator shall be selected from the panel of
Arbitrators by mutual agreement between the Landlord and Tenant within
ten (10) days after written notice from the Landlord to the Tenant of
the Landlord's exercising its option to arbitrate. If mutual
agreement is not reached within said ten (10) day period, the
Landlord's designee shall be the Arbitrator.
The rules of Arbitration shall be the same insofar as possible as
the rules pertaining to arbitration by the current Cumberland County
Court rules. Deviations from such rules may be made by mutual consent
of the parties or as imposed or superimposed by the Arbitrator.
The matters in issue shall be decided by the Arbitrator in
writing, which decision shall be binding on the parties.
The Arbitrator's fee and costs of litigation (exclusive of
attorney's fees) shall be paid by the losing party or as the
Arbitrator shall determine.
V. Landlord's Right to Access the Leased Property.
Landlord may enter the Leased Property, at any reasonable time,
for the purpose of inspecting the Leased Property, performing any
work, repairs, improvements, or alterations required of it under this
Lease, or as Landlord may deem necessary, to exhibit the Leased
Property for sale, lease or mortgage financing.
W. Tenant's Compliance with Laws and Regulations.
Tenant hereby agrees to comply with the conditions of all
governmental approvals and any recorded covenants and restrictions
affecting the Leased Property.
X. Assignment, Sublease and Mortgage.
Tenant shall not during the term of this Lease, except to an
affiliate of Vitetta Group Incorporated, assign, sublet, mortgage or
pledge this Lease, or any part thereof, or permit any other person,
firm or corporation to occupy the Leased Property or any part thereof
without the written consent of Landlord, and no such action by Tenant
shall be valid without such written consent.
Y. Quiet Enjoyment.
So long as Tenant is not in default of its obligations hereunder,
Landlord warrants that Tenant shall have the right to peaceful and
quiet possession and enjoyment of the Leased Property.
- 9 -
iv
Z. Subordination.
This Lease is expressly subject to all present and future
mortgages or other security instruments encumbering the Leased
Property. Tenant agrees to execute such documents as requested by
Landlord to confirm and substantiate such subordination, and upon
failure to do so, Tenant hereby irrevocably appoints Landlord, its
agent and attorney-in-fact to execute the same on its behalf.
Notwithstanding the foregoing, any present or future mortgages shall
warrant as long as Tenant does not wrongfully withhold the payment of
rent or fail in the performance of any of the terms, covenants and
conditions of this Lease that said present or future mortgagee will
not disturb Tenant's possession of the Leased Property and that Tenant
shall and may peacefully and quietly have, hold and enjoy the Leased
Property for the term of this Lease or any renewal thereof.
AA. Estoppel.
At any time and from time to time upon the written request of
Landlord or any mortgagee, Tenant within Fifteen (15) days of the date
of such written request, agrees to execute and deliver to the Landlord
and/or such mortgagee, without charge and in a form satisfactory to
Landlord and/or such mortgagee, a written statement: (a) ratifying
this Lease; (b) confirming the commencement and expiration dates of
the term of the Lease; (c) certifying that Tenant is in occupancy of
the Leased Property, and that this Lease is in full force and effect
and has not been modified, assigned, supplemented, or amended except
by such writings as shall be stated; (d) certifying that all
conditions and agreements under this Lease to be satisfied or
performed by Landlord have been satisfied or performed except as shall
be stated; (e) certifying that Landlord is not in default under the
Lease and there are no defenses or offsets against the enforcement of
this Lease by Landlord, or stating the defaults and/or defenses
claimed by Tenant; (f) reciting the amounts of advance rent, if any,
paid by Tenant and the amount of security deposited with Landlord, if
any; and (h) any other information which Landlord or the mortgagee
shall require.
AB. Attornment.
If Landlord at any time mortgages the land and building,
including the Leased Property, Tenant shall if requested by the
mortgagee at any time, or in the event of any foreclosure or exercise
of the power of sale under any such mortgage covering the Leased
Property, or in the event of any sale by Landlord of the said land and
building, including the Leased Property and assignment of Landlord's
interest herein, attorn to the purchaser upon any foreclosure or sale
and recognize such purchaser as Landlord under this Lease.
- 10 -
AC. Restrictions.
Tenant shall take no action which would violate any of Landlord's
contracts affecting the Leased Property, or which would create or
contribute to any work stoppage, strike, picketing, labor disruption
or dispute, or which would interfere, in any way, with the business of
Landlord or with the rights and privileges of any invitees, licensees,
employees, or any other persons lawfully in and upon the Leased
Property, or which would cause any impairment or reduction of the
goodwill and reputation of the Leased Property.
AD. Rules and Regulations.
Landlord may from time to time establish reasonable rules and
regulations for the safety, care and cleanliness of the Leased
Property, and for the preservation of good order therein. Such rules
and regulations shall, when notice thereof is given to Tenant, form a
part of this Lease. No rule or regulation shall be arbitrary, but
shall be reasonable in every respect.
AE. S icrns .
Tenant shall not erect any signs on the Leased Property without
the prior approval of Landlord. The cost and maintenance of any sign
shall be at Tenant's expense. Tenant assumes the risk that Tenant's
signs are in conformance with municipal regulations and ordinances.
AF. Bankruptcy.
If there shall be filed against Tenant, in any court, pursuant to
any statute either of the United States or of any state, a petition in
bankruptcy or insolvency or for the reorganization or for the
appointment of a receiver or trustee of all or any portion of Tenant's
property and Tenant fails to secure a discharge thereof within thirty
(30) days from the date of such filing, or if Tenant shall voluntarily
file any such petition or make an assignment for the benefit of
creditors or petition for or enter into an arrangement, then, in any
of such events, this Lease shall thereupon terminate without any
requirement of notice by Landlord to Tenant.
Furthermore, if there shall be filed against Tenant's guarantor
or surety of this Lease a petition in bankruptcy or insolvency or for
reorganization or for the appointment of a receiver or trustee of all
or any portion of the property of any such guarantor or surety and
such guarantor or surety fails to secure a discharge thereof within
thirty (30) days from the date of such filing, or if such guarantor or
surety shall voluntarily file any such petition or make an assignment
for the benefit of creditors or petition for or enter into an
arrangement, this Lease, at the option of Landlord, may be cancelled
and terminated.
- 11 -
In the event of a termination of this Lease pursuant to this
paragraph, neither Tenant nor any person claiming through or under
Tenant (whether by virtue of any statute or any order of any court or
otherwise) shall be entitled to acquire or remain in possession of the
Property, as the case may be, and Landlord shall have no further
liability hereunder to Tenant or any other person and Tenant and any
such person shall forthwith quit and surrender the Leased Property.
If this Lease shall be so cancelled or terminated, Landlord, in
addition to the other rights and remedies of Landlord continued
elsewhere in this Lease, or under any statute or rule of law, may
retain as liquidated damages any rent, security deposit and any other
money received by Landlord from Tenant or other on behalf of Tenant.
AG. Surrender.
Tenant shall repair or pay the costs of repairing any damage to
the Leased Property resulting from not returning the Leased Property
in the same condition as it was at the commencement of this Lease as
additional rent.
AH. Holding Over.
If Tenant, with Landlord's consent, remains in possession after
the termination or expiration of the term of this Lease or any renewal
term, the tenancy shall be deemed to be month-to-month, terminable on
ten (10) days written notice, and all other provisions of this Lease
shall continue to apply to such tenancy. If Tenant remains in
possession without the Landlord's consent, the rent shall be one
hundred fifteen percent (115%) of the amount of the rent payable in
the last month of the permitted term.
AI. Notices.
All notices,
("Notices") shall
given on the date
mailed, certified
postage prepaid:
A. if
requests and other communications hereunder
be in writing and shall be deemed to have been duly
delivered by hand, or on the second day after
or registered mail, return receipt requested, with
to the Landlord:
John M. Kostecky, Jr.
214 North Front Street
Wormleysburg, PA 17043
- 12 -
I )
B. with a copy to:
LeRoy Smigel, Esquire
Smigel, Anderson & Sacks
2917 North Front Street
Harrisburg, PA 17110-1223
C. if to the Tenant:
Vitetta Group Incorporated
Attn: Alan P. Hoffmann, Pres./CEO
The Wallace Bldg.
642 North Broad Street
Philadelphia, PA 19130
D. with a copy to:
William R. Sasso, Esquire
Stradley, Ronon, Stevens & Young, LLP
2600 One Commerce Square
Philadelphia, PA 19103
AJ. Amendments.
No amendment, modification or alteration of the terms hereof
shall be binding unless the same be in writing, dated subsequent to
the date hereof and duly executed by all the parties hereto.
AK. Entire Agreement.
This Lease contains the whole Agreement between the Landlord and
the Tenant with respect to the Leased Property and there are no other
terms, obligations, covenants, representations, statements or
conditions, oral or otherwise, of any kind whatsoever concerning this
Lease. Furthermore, this Lease shall not be altered, amended, changed
or modified except in writing, executed by the parties hereto.
AL. Governina Law.
This instrument shall be construed according to, be subject to
and be governed by the laws of Pennsylvania.
AM. Successors.
This Lease shall bind the parties hereto, their respective heirs,
executors, administrators and successors, as well as their assigns,
insofar as this Lease shall be assignable under the conditions hereof.
- 13 -
-4 <
IN WITNESS WHEREOF, the parties hereto, intending to legally
bind themselves and their successors and assigns, do hereby set their
hands and seals hereunto as of the day and year first above written.
WITNESS:
f
ATTEST:
/) ? j ab - /4'- k,-
1/1 x
LANDLORD:
JOHN M. KOSTECKY, JR.
M. Mstecky, Jr.
TENANT:
VITETTA GROUP, INCORPORATED
By: C&(9- V"4t4,
Alan P. mann, President
- 14 -
ADDENDUM NO I
to tl?e
COMA1ERCIAL LEASE
. -by and between
JOIN M. KOSTECKV' JR. AIM VITEI`TA GROUP INCORPORATED
Dated June 15, 1998
'Ms addenduva-dated4une=i3,1065, w -e4he eve4ease,-it&rs4een&Wms pi eeedaaee-over,
clarifies, revues and/or adds to those paragraphs of the commercial lease referred to:
PARAGRAPH C
Belete this paragraph in its entirety and add the following:
The term of thislease shall be-for a period of five (5). years commencing_at 12:01 a.m. on June_ 16,2005 ..
and ending at 12:00 p.m. on June -16, -2010, unless sooner terminated as herein provided.
PARAGRAPH D Rent:
Delete this p9ragraph in its entirety and add the following:
Tenant agrees ,p VW4 erdterifie use el`-the 1 - perty, v?eut?em8ad, ?ue?arset
total tent in the amount of Sixteen and 001100 Dollars ($16.00) per square foot triple net for Seven
Thousand Eig1*.4I °Thh#.y I3ne- ;T,991) gposs ire feet. t is pa ear y
installments W Ten Thousand Four Hundred. Forty One Dollars ($10,441.00). Each monthly installment. is
payable in advpw be? Ame 14, 2005-and-on4he:sameti-- -Bash-and-evM moo& der
during the tern hereof, plus any additional rent and charges applicable under the terms of this lease.
PARAGWR O Right of First Refusal:
Add the following sentence to this paragraph:
Landlordfurther fe-Tenant4heT4&-offirst-rethsaltoTuFohm4he4eme&p mism. etwihstaadirtg
this granting the Landlord reserves the right to package any sale of the leased premises with other
contiguous or adjacent properties owned by the landlord.
PARAGRAPHS Ddaulr-
Add the following sentence as the second sentence to the first paragraph:
-Landlord agrees however, that this right to change locks on the doors fie exercised unless default
by Tenant in the4myment.ofreni; additinnalxent, ar any other char not1xan_coz=cted_v&hin
thirty (10) days after initial date of payments due.
1-2
PLAINTIFF'S
EXHIBIT
PARAGRAPH Al Notices:
Oeiete article B in its entirety and add the fbiiowing:
B. with a copy to:
Wililam C. Koflas, Eswm
Kollas and Keay
1104 fernwood Avenue
CamP Hill, PA 17011
??g*q?? .?eeg?'y?ees ?-snceeasois?md
assigns, do hereby set their hands and seals hereunto as of the day and year first above written
iii Sg
i,AMC-01%
JOHN M KOSTECKY, JR
Jo M KJAWecky, r.
TENANT,
VffPWA Cwt" fN
Michael D. Minton
Executive Vice President
2-2
f, 1? - 16
April 23, 2010
Mr. Alan P. Hoffman, President
Vitetta
4747 South Broad Street
Philadelphia, PA 19112
Dear Alan:
I have previously been advised that Vitetta will not be renewing the lease for the
Wormleysburg property and will be relocating May 1 to a new location in Harrisburg.
Regarding this issue, I would be remiss if I did not thank you and express my deepest
gratitude for the twelve years Vitetta has leased the property. A slight twinge of regret is
that the building will in all probability no longer house a design firm of the highest
caliber.
Regarding the lease, which ends on June 16, 2010, rent for the month of May shall still
include all triple net requirements. These triple net requirements, however, exclusive of
utility services, will be waived in their entirety from the rent due for the final period June
1 through June 16, 2010.
In closing, Alan, thank you once again. Please advise if there are questions.
Best regards.
John M. Kostecky Jr.
PLAINTIFF'S
EXHIBIT
*? q s t
June 17, 2010
Mr. Roland T. Meinhardt
Vitetta
Philadelphia Naval Business Center
4747 South Broad Street
Philadelphia, PA 19112
Re: Commercial Lease by and between John M. Kostecky, Jr. and Vitetta Group Incorporated, Dated
June 15, 1998 and Addendum No. 1, Dated June 15, 2005
Dear Roland:
The above-referenced lease ended at 12:00 p.m. yesterday, June 16, 2010. In addition, Vitetta remains in
default in the payment of rent due.
The accounting as of this date of rent due under the terms of the lease is summarized as follows:
May rent, late payment
June rent (16 days)
June rent late payment (16 days)
Additional rent
Sun Service System Companies, Invoice No. 0410
Napoli Professional Landscaping, Invoice No. 4048
Napoli Professional Landscaping, Invoice No. 4073
Pennsylvania American Water Bill, Dated May 17, 2010
Napoli Professional Landscaping, Invoice No. 4113
$10,963.05
5,568.53
278.43
600.00
801.40
598.90
70.11
869.20
Total $19,749.62
In summation, the lease has ended and the locks have been changed. Upon request after payment of all rent
due, access to the premises may be gained to remove any remaining Vitetta property.
Thank you.
Sincerely,
John M. Kostecky, Jr.
cc: William R. Sasso, Esq.
PLAINTIFF'S
EXHIBIT
+« r,
JERRY R. DUFFIE
RICHARD W. STEWART
FIL
E 1V11!,L1SSA rhhL kjKhhVY
WADE D. MANLEY
C. ROY WEIDNER, JR. ELIZABETH D. SNOVER
EDMUND G. MYERS ANDREW P. DOLLMAN
DAVID W. DELUCE SARAH E. HOFFMAN
JOHN A. STATLER L A W O F F I C E S
JEFFERSON J.
SHIPMAN OHNSON OF COUNSEL
T
EY B. RETTIG
JEFFR
HORACEA. JOHNSON
KEVIN E. OSBORNE
RALPH H. WRIGHT, JR. DUFFIE F. LEE SHIPMAN
MARK C. DUFFIE (1965-2006)
JOHN R. NINOSKY
MICHAEL J. CASSIDY
CHRISTOPHER S. LUCAS
4ti`RfTF,K'S EXT. NO. 1] r
E=M1LML jrdrjd;;wxom
July 8, 2010
VIA CERTIFIED MAIL (7099 3400 0016 1893 1182) and U.S. MAIL
Alan P. Hoffman, President
Vitetta Group Incorporated
4747 S. Broad Street
Philadelphia, PA 19112
Re: Commercial Lease - John M. Kostecky, Jr. / Vitetta Group Incorporated
Dear Mr. Hoffman:
This firm represents John M. Kostecky, Jr. As you are aware, the Commercial Lease, dated
June 15, 1998, as amended by Addendum No. 1, dated June 15, 2005, provides, among other
things, that the First Renewal Term expired June 16, 2010. The rent for May, 2010 (together with
the late charge), rent for the sixteen (16) calendar days in the month of June, 2010 (together with the
late charge), and the Additional Rent payable pursuant to the terms and conditions of the Lease
have not been paid. The aggregate amount of the May rent (including late charge). June rent
(including late charge) and Additional Rent is $19,749.62.
I am enclosing herewith a copy of a letter, dated June 17, 2010, addressed to Roland T.
Meinhartd, setting forth the details with respect to the rent and Additional Rent currently due and
payable.
In accordance with the provisions of paragraph S of the Commercial Lease, the rent for the
month of May (together with late charge), the month of June (together with late charge) and Additional
Rent are due and payable and this letter constitutes the ten (10) calendar notice required in accordance
with the terms of the Commercial Lease. Mr. Kostecky demands payment of the aggregate sum, as
described above, be paid in full, but not later than July 20, 2010.
If the May rent (together with late charge), June rent (together with late charge) and the
Additional Rent in the aggregate amount of $19,749.62 is not paid by July 20, 2010, Mr. Kostecky will
institute litigation in Cumberland County, Pennsylvania, to collect said rent, Lower Allen Township
charges and Additional Rent, together with interest, costs and expenses.
301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109
WWWJDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM
JOHNSON, DUFFIE, STEWART & WEIDNER, P.C.
PLAINTIFF'S
EXHIBIT
4-d i [ (*
Alan P. Hoffman, President
Vitetta Group Incorporated
July 8, 2010
Page 2
If you have any questions or concerns about this notice or otherwise, please do not hesitate to
contact me.
Very truly yours,
JOHNSON, DUFFIE, STEWART & WEIDNER
JRD:mer406232
Elizabeth D. Snover, Esquire (Bar#:200997)
Law Offices of Johnson Duffle
301 Market Street, P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761--4540
Commonwealth of Pennsylvania
Court of Common Pleas
Cumberland County
;0 At,1G 24 PM 21- 4?
COUN"
John M. Kostecky, Jr.
V.
Vitetta Group Incorporated
Case No.: 10-5275
AFFIDAVIT OF SERVICE
r
r
Commonwealth of Pennsylvania
County of Philadelphia ss.
1, George Phillips, being duly sworn according to law upon my oath, depose and say, that I am not a party
to this action, am over 18 years of age and have no direct personal interest in this litigation.
On 08/17/2010 at 12:05 PM, I served the within Complaint on Vitetta Group Incorporated, Defendant.
Said service was effected at 4747 South Broad St., Philadelphia, PA 19112 in the following manner:
By delivering thereat a true copy to Mr. Meinhardt, Controller of the above named corporation/business
entity and informing him/her of the contents.
Description of person process was left with:
Sex: Male - Skin: Caucasian - Hair: Black - Age: 55 - Height: 5'10" - Weight: 225
I hereby affirm that the information contained in the Affit
affirmation is made subject to the penalties of 18 PA C.S.
authorities.
is true and correct. This
to unsworn falsification to
Signe4 and sworn to fore me op
this ? day of 20/0
C
Regina A. Richman, Notary Public
Falls Twp., Bucks County
My Commission Expires: December 12, 2013.
Dennil-Iiefiman Services for the Professional, Inc.
1500 JW Boulevard, Suite 1706
Philadelphia, PA 19102
215.9779393
IIIIIIIIINIIII
*34627*
Fi~ED-OFFICE
CF SHE S'~tO i HO~OTt~R'(
20 ~ O QCT 19 PM I~ f I
CUh18ERLAPeO %iiU~~T`(
PF~NSYLl~~6~~IA;
JOHNSON, DUFFIE, STEWART 8~ WEIDNER Attorney for Plaintiff
By: John R. Ninosky
LD. No. 78000
Elizabeth D. Snover
I.D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761 X540
JOHN M. KOSTECKY, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 10-5275 CIVIL TERM
VITETTA GROUP INCORPORATED, ARBITRATION
Defendants
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned action as settled and discontinued with prejudice and
with each party to bear their own costs.
Respectfully submitted,
JOHNSO UFFIE, S EW RT & WEI
By:
Date: October 18, 2010
glizab D. Snover
Attor 1. D. No. 200997
301 arket Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff