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HomeMy WebLinkAbout11-0710LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID 449803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., Plaintiff V. JANIE ANDERSON, individually and t/d/b/a PUPPY DAWGS, Defendant 20« g1l 2 ?i? t0? J CV13ERl. "L?? tA? IN THE COURT O?MMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. aOtl-`7 1D 3vi CIVIL ACTION - LAW CONFESSION OF JUDGMENT FOR MONEY AND POSSESSION CONFESSION OF JUDGMENT FOR MONEY Pursuant to the authority contained in the Warrant of Attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for Defendant, JANIE ANDERSON, and confess judgment in favor of Plaintiff and against Defendant as follows: Amount Past Due $ 16,197.20 Unpaid Balance of Instrument through 12/31/11 $ 61,443.83 Attorneys Fees $ 2,500.00 Less Security Deposit ($ 4,083.33) TOTAL $ 76,057.70 LAW OFFICES STEPHEN C. NUDEL, PC Date: ephen udel, Esquire #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff ? oil . SD ?d aN? C,?# asp 97 LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., Plaintiff OF T IrE ppOTHONOTAR"i 2011 JAN 24 M10- cumBERLAND ANIUA T, IN THE COURT OF COMM?I? 'S CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. a? I (-`j) C-(Vl T?JYiM JANIE ANDERSON, individually and t/d/b/a PUPPY DAWGS, CIVIL ACTION - LAW Defendant CONFESSION OF JUDGMENT FOR MONEY AND POSSESSION CONFESSION OF JUDGMENT FOR POSSESSION Pursuant to the authority contained in the Warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in ejectment in favor of the Plaintiff and against the Defendant for possession of the real property described as follows: 4910 Carlisle Pike, Mechanicsburg, PA 17050. Date: t12.? rig LAW OFFICES STEPHEN C. NUDEL, PC phen C. del, Esquire A mey ID 1703 Josep cci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff CL#t 1?it to 40 a't?- aS14 017 LAW OFFICES ST1~PHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., Plaintiff _V L r; n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. (y; Vj ( Te-VNA JANIE ANDERSON, individually and I t/d/b/a PUPPY DAWGS, CIVIL ACTION -LAW Defendant CONFESSION OF JUDGMENT FOR MONEY AND POSSESSION COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW, comes Plaintiff, Hampden Center, Inc., by and through its attorneys, Law Offices Stephen C. Nudel, PC, and respectfully files this Complaint for Judgment by Confession as follows: 1. Plaintiff, Hampden Center, Inc. is a Pennsylvania corporation, with a business address of 444 Park Avenue South, Suite 302, New York, New York 10016 ("HAMPDEN CENTER, INC."). 2. Plaintiff is the owner of real property known as Hampden Center Shopping Center, located at 4830 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania ("SHOPPING CENTER"). 3. Defendant, JANIE ANDERSON, is an adult individual with an address of 31 Wolf Bridge Road, Carlisle, Pennsylvania 17013. 4. On or about September 27, 2010, JANIE ANDERSON, as Tenant and Hampden Center, Inc., as Landlord, executed an Agreement of Lease ("LEASE") for 4900 square feet of commercial space known as 4910 Carlisle Pike (Units B5 and 133) located in the Shopping Center ("PREMISES"). A copy of the Lease is attached hereto and made part hereof as Exhibit "A„ 1 5. Defendant trades individually and as Puppy Dawgs. 6. The term of the Lease was to expire naturally five (5) years from the Rent Commencement Date or about October 31, 2015. 7. Defendant is in default under the terms of the Lease as hereinafter set forth. 8. Notice of default is not required by the terms of the Lease. However, Defendant was afforded notice as set forth by letters dated December 9, 2010, and January 6, 2011, respectively. True and correct copies of the letters addressed to JANIE ANDERSON are attached hereto as Exhibit "B". 9. No judgment has been entered on the Lease in any jurisdiction prior to this action. 10. Judgment is not being entered by confession against a natural person in connection with a residential lease. 11. Judgment in this matter is not being entered against a natural person in connection with a consumer credit transaction. COUNT I: CONFESSION OF JUDGMENT FOR MONEY 12. The averments set forth in paragraphs 1 through 11 are incorporated herein by reference as if set forth at length. 13. The Lease provides, inter alia, the request for Defendant to open for business at the Premises and for the payment of base rent ("RENT"), promotional fund contributions, common area costs, maintenance expenses, utilities, insurance and taxes (collectively "ADDITIONAL RENT") and, in the event of a default, interest, costs of suit and attorneys fees. 14. Defendant is in default under the terms and conditions of the Lease in that Defendant as Tenant failed to open for business at the Premises and failed to pay Rent and Additional Rent when due and owing from the months of December, 2010, through the present. 2 15. As of this date, Defendant owes $16,197.20 in Rent and Additional Rent. 16. The Lease provides, inter alia, that in the event of a default by Defendant Plaintiff may accelerate the Rent and Additional Rent through the end of the Lease Term but for purposes herein, Plaintiff accelerates Rent and Additional Rent through December 31, 2011. 17. The Lease provides, inter alia, that all amounts unpaid by Defendant shall be assessed a late fee of the greater of $50.00 or 5% of the unpaid amount due and owing. 18. The Lease provides, inter alia, that, in the event of a default by Defendant, Plaintiff may confess judgment against Defendant including reasonable attorney's fees. 19. Defendant has paid to Plaintiff a security deposit in the amount of $4,083.33. 20. Based upon the foregoing, Defendant is liable to Plaintiff for at least the following: Amount Past Due $ 16,197.20 Unpaid Balance of Instrument through 12/31/11 $ 61,443.83 Attorneys Fees $ 2,500.00 Less Security Deposit ($ 4,083.33) TOTAL $ 76,057.70 WHEREFORE, Plaintiff demands judgment in the amount of $76,057.70 in accordance with the terms of the Lease as authorized by the Warrant appearing in the attached Lease plus interest, costs of suit and attorneys fees. COUNT II: CONFESSION OF JUDGMENT FOR POSSESSION 21. The averments set forth in paragraphs 1 through 20 are incorporated herein by reference as if set forth at length. 22. Defendant is in default under the terms of the Lease as herein before set forth. 23. The Lease provides inter alia, that in the event of a default by Defendant, Plaintiff may confess judgment against Defendant for possession of the Premises. 24. Defendant, ANDERSON, individually and t/d/b/a PUPPY DAWGS, currently maintains possession of the Premises in violation of the Lease. 25. Plaintiff hereby requests an ejectment of Defendant from the Premises. 26. The Lease provides, inter alia, that in the event of a default by Defendant, Defendant is liable for Plaintiffs attorney's fees, costs and expenses incurred by Plaintiff as a result of a default by Defendant. WHEREFORE, Plaintiff demands judgment for possession of the Premises and ejectment of the Defendant in accordance with the terms of the Lease authorized by the Warrant appearing in the attached Lease plus late fees, costs of suit and attorney's fees. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC Date: I 12-1 /)/ p en C. udel, Esquire ttomey ID 703 Jose Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff 4 LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. JANIE ANDERSON, individually and t/d/b/a PUPPY DAWGS, Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT FOR MONEY : AND POSSESSION PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently, and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in the Request for hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at: Street Address City, State Telephone Number Dated: JANIE ANDERSON, Defendant VERIFICATION I, David F. Lavipour, Vice President for Hampden Center, Inc., being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. HAMPDEN CENTER, C. Date: ! ?? I By : Vice President EXHIBIT "A" AGREEMENT OF LEASE LANDLORD: HAMPDEN CENTER, INC. TENANT: JANIE M. ANDERSON Ver.03.09.10 Prep./Rev: 09/27/10 REFERENCE PAGES prepared/dated September 27, 201.0 HAMPDEN CENTRE LANDLORD: HAMPDEN CENTER, INC. LANDLORD'S ADDRESS: 444 Park Avenue South Suite 302 New York, NY 10016 TENANT: JANIE M. ANDERSON TENANT'S ADDRESS: 31 Wolf Bridge Road Carlisle, PA 17013 TENANT'S TRADE NAME: Puppy Dawgs PREMISES: 4,900 square feet (Unit: B5 & Unit B3) (see Exhibit "B" for outline of Premises) aka 4910 Carlisle Pike, Mechanicsburg, PA 17050 USE: Subject to existing leases and rights of existing tenants, Tenant may operate a pet store. LEASE COMMENCEMENT DATE: September , 2010 RENT COMMENCEMENT DATE: Thirty (30) days from the date Landlord delivers possession of Premises to Tenant. TERMINATION DATE: Five (5) years from Rent Commencement Date. TERM OF LEASE: Five (5) years, beginning on the Rent Commencement Date and ending on the Termination Date (unless sooner terminated pursuant to this Lease). ANNUAL FIXED RENT: Lease Year 1.....$ 49,000.00 Lease Year 2.....$ 50,4170.00 Lease Year 3.....$ 51,984.10 Lease Year 4.....$ 53,543.62 Lease Year 5.....$ 55,149.93 MONTHLY INSTALLMENTS OF FIXED RENT: Lease Year 1 .....$ 4,083.33 Lease Year 2 .....$ 4,205.83 Lease Year 3 .....$ 4,332.01 Lease Year 4 .....$ 4,461.97 Lease Year 5 .....$ 4,595.83 PERCENTAGE RENT: None. INITIAL ANNUAL PROMOTIONAL FUND COST: $0.30/SF annually payable at the beginning of each lease year. TENANT'S PROPORTIONATE SHARE: 2.20% (Premises/228,192 SF). Notwithstanding any other provision herein, Tenant's Proportionate Share shall not be less than 2.0%. SECURITY DEPOSIT: $4,083.33 i REAL ESTATE BROKER DUE COMMISSION: None. RENEWAL OPTIONS: Provided that Tenant has not defaulted under the terms or conditions hereof, Tenant is granted one five (5)-year option to renew. ANNUAL OPTION RENT: Lease Year 6.....$ 56,804.43 Lease Year 7.....$ 58,508.56 Lease Year 8.....$ 60,263.82 Lease Year 9.....$ 62,071.73 Lease Year 10....$ 63,933.89 MONTHLY INSTALLMENTS OF OPTION RENT: Lease Year 6.....$ 4,733.70 Lease Year 7.....$ 4,875.71 Lease Year 8.....$ 5,021.99 Lease Year 9.....$ 5,172.64 Lease Year 10....$ 5,327.82 LANDLORD WORK: Landlord shall substantially complete the following: 1. Combine Units B5 & B3 by opening portions of the demising walls in areas as directed by Tenant within five (5) days after execution hereof. 2. Repair as needed and deliver drywall smooth and ready to paint. 3. Install new vinyl tile throughout the Premises. 4. Install a hot water heater in Unit B5. In all other aspects, Landlord shall deliver the Premises in "AS IS" "WHERE IS" condition. TENANT WORK: Tenant, at its expense, shall complete all necessary improvements required for its successful operation of a pet store. The information contained within the Reference Pages is incorporated into and made a part of that certain Lease (the "Lease") made and entered into by and between HAMPDEN CENTER, INC., as Landlord, and JANIE M. ANDERSON, as Tenant. In the event of any conflict between any information contained within the Reference Pages and the Lease, these Reference Pages shall control. The Lease includes Exhibits "A" through "F", all of which are made a part hereof. Unless otherwise provided herein, all capitalized terms contained in these Reference Pages shall have the meaning ascribed to them in the Lease. LANDLORD: HAMPDE CENTER, INC. By: Title: V' ident Dated: 2010 TENANT: J IE ANDERSON D 2010 ii LEASE D41D'iiG THIS LEASE made and entered into between HAMPDEN CENTER, INC., as Landlord, and JANIE M. ANDERSON, as Tenant, evidences the following understandings and agreements. The Reference Pages attached hereto, including all terms defined thereon, are incorporated as part of this Lease. WITNESSETH, that for good and valuable consideration, each to the other in hand paid, the receipt whereof is hereby acknowledged, the parties agree as follows: PREMISES Section 1.(a) Landlord leases to Tenant and Tenant rents from Landlord the Premises having the frontage and depth indicated on the Reference Pages (all dimensions herein are measured from center of the wall to center'of the wall for all party walls and from the outside face of all exterior walls and :store fronts), located in the building (the "Building") commonly known as HAMPDEN CENTRE ("Shopping Center"). The Shopping Center is more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof by reference. Notwithstanding any other provision herein, by Tenant executing this Lease, Tenant confirms that the square footage of the Premises is as outlined on the Reference Pages and Tenant's square footage shall be deemed to be not less than the amount set forth on the Reference Pages. (b) The Premises are outlined in red on Exhibit "B" attached hereto and made a part hereof by reference. "Tenant's Proportionate Share" or "Tenant's Prorata Share" as used in this Lease shall mean a fraction, the numerator of which is the gross leasable area of the Premises and the denominator of which is the gross leasable area of the Shopping Center. Premises are cross-hatched on Exhibit "B" attached hereto. Landlord's calculation of Tenant's Proportionate Share is as indicated on the Reference Pages. Gross leasable area of the Shopping Center means all ground floor area contained in the Shopping Center designated for tenants' exclusive occupancy. (c) Landlord expressly reserves (i) the use of the exterior, rear and side walls and roof of the Premises and the exclusive use of any space between the ceiling of the Premises and the floor above or the roof of the Building, (ii) the right to install, maintain, use, repair, and replace the pipes, ducts, conduits, and wires leading into or running through the Premises (in locations which will not materially interfere with Tenant's use thereof), (iii) the right in its sole and absolute discretion to expand, reduce, enlarge, make alterations or additions to, and to build additional stories on, the Shopping Center and to build other buildings or improvements on, or reduce or modify, the Common Areas (as hereinafter defined), and (iv) he right, upon sixty (60) days prior written notice to Tenant, °o (1) transfer and remove Tenant from the Premises to other available tenant space of substantially similar size and rent in the Shopping Center (Landlord shall bear the expense of said transfer or removal as well as the expense of any renovations or alterations necessary to make the new space conform substantially with the Premises), or (2) terminate the Lease. The within reservations in favor of Landlord are in addition to the rights granted *_o Landlord under Section 23 hereof. TERM Section 2.(a) The Lease Term shall be as indicated on the Reference Pages. (b) If Landlord is required to perform work pursuant to Section 8 hereof, when the actual Commencement Date is established, the parties will promptly enter into a Supplement to Lease, prepared by Landlord, stipulating the Commencement Date and the Expiration Date of the Term. (c) The term "Lease Year" as used herein shall mean the twelve (12) calendar months from Rent Commencement Date and each twelve (12) month period thereafter. (d) Landlord hereby grants to Tenant the right and option to extend the Term of this Lease for the option periods indicated in the Renewal Option section of the Reference Pages (each a "Renewal Term"). Tenant shall notify Landlord in writing of its election to extend this Lease for each Renewal Term not less than six (6) months nor more than twelve (12) months prior to the expiration date of the then existing term. Each Renewal Term shall be upon all of the terms, covenants, and conditions of this Lease except that the Annual Fixed Rent and Percentage Rent payable during such Renewal Term shall be as set forth in Sections 3(d) and 9(a) hereof, respectively. Tenant shall have no right to extend or renew this Lease if it is in default hereunder at the time of giving its notice of renewal, nor shall any renewal notice be effective if Tenant is in default hereunder as of the first day of the extended term which was the subject of such notice. FIXED RENT Section 3.(a) Tenant agrees, without notice or demand and without any deduction or setoff, to pay to Landlord, at Landlord's Address shown on the Reference Pages, or at such other p' Lace as Landlord may designate, as a fixed minimum rent for the Premises per Lease Year, the Annual Fixed Rent indicated on the Reference Pages for such Lease Year in fixed equal monthly installments during each Lease Year equal to the Monthly Installments of Fixed Rent indicated on the Reference Pages for such Lease Year, each Monthly Installment of Fixed Rent to be payable in advance on the first day of each month during the Term. Tenant agrees to pay to Landlord, if assessed by the jurisdiction in which the Shopping Center is located, any sales or excise tax imposed, assessed or levied in connection with Tenant's payment of the Annual Fixed Rent. (b) Upon execution of this Lease, Tenant shall deposit with Landlord (i) the Security Deposit as indicated on the Reference Pages to be held by Landlord during the Term pursuant to the provisions of Section 39 hereof; and (ii) the first Monthly Installment of Fixed Rent, and one month's worth of Additional Rent (as hereinafter defined). The funds so deposited pursuant to Item (ii) of this Subparagraph (b) shall be applied to the Monthly Installment of Fixed Rent and the Additional Rent due for the first full month of the Term. (c) Tenant's obligation to pay rent (as defined in Subparagraph 6(c)) shall begin on the date set forth on the Reference Pages. Rent due for any period which is less than a calendar month, whether prior to the Rent Commencement Date or after the expiration date, shall be prorated on a daily basis and shall be computed on the basis of Tenant's monthly rental payments (utilizing a thirty (30) day month for purposes of such computation). Tenant shall pay to Landlord the rent for each such day (i) concurrently with the first Monthly Installment of Fixed Rent due hereunder; (ii) upon vacating the Premises as herein provided; or (iii) upon demand from Landlord, as the case may be. (d) In the event Tenant exercises its right to extend the Term for a Renewal Term, the Annual Fixed Rent payable during the Renewal Term shall be equal to the amount indicated in the Renewal Option section of the Reference Pages for such Renewal Term in fixed equal monthly installments equal to the Monthly Installment of Fixed Rent indicated in the Renewal Option section of the Reference Pages for such Renewal Term each to be payable in advance on the first day of each month during such Renewal Term. (e) Tenant recognizes that late payment of any rent or other sum due hereunder will result in administrative expense to Landlord, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if rent or any other sum is due and unpaid fifteen (15) days after said amount is due, such amount shall be increased by a late charge in an amount equal to the greater of: (a) Fifty Dollars ($50.00) or (b) a sum equal to five percent (53) of the unpaid amount. The amount of the late charge, which shall be deemed to be Additional Rent hereunder, shall be reassessed and added to Tenant's obligation for each successive monthly period until paid. The provisions of this Section shall not in any way effect Landlord's remedies pursuant to Section 20 of this Lease. PERCENTAGE RENT Section 4.(a) In addition to Annual Fixed Rent, and as a material inducement for Landlord to lease the Premises to Tenant, Tenant agrees to pay to Landlord during each Lease Year the Percentage Rent indicated on the Reference Pages for such Lease Year. During each Renewal Term, Percentage Rent shall be equal. to the Percentage Rent indicated in the Renewal Option :section of the Reference Pages for such Renewal Term. (b) In any Lease Year in which (i) Tenant shall cease conducting business in the Premises, (ii) the Term is terminated, or (iii) there shall be an abatement of Annual Fixed Rent, so that the Lease Year is less than twelve (12) calendar months, Tenant shall pay to Landlord prorated Percentage Rent equal to the amount by which the percentage of Tenant's Gross Sales set forth on the Reference Pages for such lesser period exceeds the Annual Fixed Rent paid during the prior or subsequent Lease Year multiplied by the number of months in the shortened Lease Year divided by twelve (12). (c) On or before the twentieth (20th) day of each calendar month during the Term, Tenant shall deliver to Landlord a complete and accurate statement, signed and certified by Tenant, showing in detail Gross Sales (as hereinafter defined) for the previous month and Gross Sales for each prior month during the current Lease Year. (d) (i) During the first Lease Year, Percentage Rent shall be payable in one lump sum no later than thirty (30) days after the end of the first Lease Year. (ii) Commencing with the second Lease Year and continuing throughout the germ of this Lease, Percentage Rent shall be payable on a monthly basis as follows: No later than thirty (30) days before the first day of each Lease Year, Landlord shall send Tenant an estimate of annual Percentage Rent due for said Lease Year based on the amount of Percentage Rent paid by Tenant in the prior consecutive twelve (12) months. The estimate shall be adjusted to equal twelve (12) times the average monthly Percentage Rent due if the Tenant has not been in possession of the premises for twelve (12) months. On or before the first of each month of said Lease Year, Tenant shall pay to Landlord one-twelfth (1/12) of the estimated annual Percentage Rent due for the said Lease Year. (iii.) Within (30) days after the end of each Lease Year, Tenant shall deliver to Landlord a complete and accurate statement, signed and certified by Tenant, showing (a) Gross Sales for such Lease Year; and (b) the computation of Percentage Rent for such Lease Year. In the event_ such statement reflects that Tenant owes Landlord Percentage Rent in addition to the sum of monthly Percentage Rent payments previously made during such Lease Year, Tenant shall pay the amount of such additional Percentage Rent to Landlord at the time such statement is delivered to Landlord. In the event such statement reflects that the sum of monthly Percentage Rent payments previously made during such Lease Year exceeds the Percentage Rent actually due*for such Lease Year., the amount of such excess shall be credited against the next due monthly payments of Percentage Rent hereunder. If such excess should occur in the last Lease Year of the Term, Landlord shall pay the amount of such excess to Tenant within thirty (30) days after receipt of such statement. (e) During the Term, Tenant shall not. directly or indirectly engage in any similar or competing business within three (3) miles of the Shopping Center. This restriction shall not apply to Tenant's stores, if any, presently open and in operation within such area. As used in this Section 4, the word "Tenant" shall include: (i) if Tenant is a corporation, all of Tenant's officers, directors, employees, or shareholders, jointly and severally, and all entities in which Tenant or its officers, directors, employees, or shareholders, jointly and severally, shall have any interest; and (ii) if Tenant consists of one (1) or more partners, individuals, and/or unincorporated entities, each partner, the respective spouses and children of such partners and individuals, jointly and severally, and all corporations and/or other entities in which such partners, individuals, entities, or any member of such unincorporated entities, jointly and severally, shall have any interest. (f) If Tenant shall engage in any similar or competing business in violation of Section 4 (e) hereof, in addition to any and all other remedies available to Landlord at :Law and in equity, the amount of Gross Sales, made by such competing or similar business shall be included in Gross Sales for the Premises in the computation of Percentage Rent. GROSS SALES DEFINED Section 5.(a) The term "Gross Sales" as used herein shall be construed to include the entire amount of the actual sales price of all goods and services provided at, in, on, or from the Premises, including, without limitation, mail or telephone orders received or filled at the Premises, all deposits not refunded to purchasers, orders taken at or from the Premises (although said orders may be filled elsewhere), and sales and receipts by any sublessee, concessionaire, licensee or other party in the Premises. Each installment or credit sale shall be treated as a sale for the full price in the month during which such installment or credit sale shall be made, irrespective of the time when Tenant shall receive payment (whether full or partial) from its customer. Layaway sales, so-called, shall be included in the Gross Sales to the extent of the down payment and any further payments thereupon during each calendar month. Gross Sales shall not include the following: (i) sums collected and paid out by Tenant for any sales or excise tax imposed by any duly constituted governmental authority; (ii) the exchange of merchandise between the stores of Tenant, if any, where such exchanges of goods or merchandise are made solely for the convenient operation of the business of Tenant and not for the purpose of consummating a sale which has theretofore been made at, in, on, or from the Premises, and/or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be made at, in, on, from, or upon the Premises; (iii) the amount of returns to shippers or manufacturers; (iv) the amount of any cash or credit refund made upon any sale where the merchandise sold, or some part thereof, is thereafter returned by the purchaser and accepted by Tenant; (v) sales of fixtures; or (vi) all sums and credits received in settlement of claims for loss or damage to merchandise. (b) Ali sales shall be recorded by means of cash registers or computers ("Registers") which display to the customer the amount of the transaction. All registers shall be equipped with sales totalizer counters for all sales categories and a sequential transaction totalizer counter, which counters are locked in, constantly accumulating, and which cannot be reset. Said registers shall further contain tapes upon which sales details and sequential transaction numbers are imprinted. Beginning and ending sales totalizer readings shall be made a matter of daily record. Landlord may require Tenant to provide Landlord with gross sales generated from the Premises. Failure to make available a proper receipt to each customer upon his request of the same upon payment shall constitute a breach of this Lease. Tenant shall keep on the Premises, or at its principal office, true and complete records and accounts of all Gross Sales, including daily bank deposits, in, at, and from the Premises. Such books and records shall include such sale records as would normally be examined by an accountant pursuant to generally accepted auditing standards in performing an audit of Tenant's sales or the sales of its subtenants or concessionaires. On or before the twentieth (20th) day of each month, Tenant shall furnish to Landlord a true and accurate statement for each preceding month of all Gross Sales during said preceding month (showing the refunds and returns deducted in computing the amount of such Gross Sales), which statement shall be certified by an authorized representative of Tenant to be correct. Tenant agrees to give Landlord access during business hours to such books and records. Tenant agrees that it will keep and preserve for at least thirty-six (36) months after the end of each Lease Year all sales slips, cash register tape readings, sales books, bank books, or duplicate deposit slips, and other evidence of Gross Sales for such year. Landlord shall have the right at any time and from time to time to audit all of the books of account, bank statements, documents, records returns, papers, and files of Tenant relating to Gross Sales and Tenant on request by Landlord shall make all such matters available for such examination at the premises or at its principal office. If Landlord should have such an audit made for any year and the Gross Sales shown by Tenant's statement for such year shall be found to be understated by more than three percent (3%), then, in addition to immediately paying Landlord the full amount of the understated Percentage Rent, Tenant shall pay to Landlord the cost of such audit. Landlord's right to have such an audit made with respect to any year shall expire thirty-six (36) months after Tenant's statement for such year shall have been delivered to Landlord. Landlord shall have the right to terminate this Lease upon notice to Tenant if there should be more than two (2) audits during the Lease Term which reveal understatements of gross sales by Tenant by more than three percent (3%). Notwithstanding any other provision Tenant shall provide Landlord with Tenant's gross sales related to the Premises and otherwise to the extent requested by Landlord related to a transaction or financing related to the Shopping Center. (c) All statements of Gross Sales shall be delivered to Landlord's Address or to such other place as Landlord may from time to time direct by written notice to Tenant. (d) Computation of the Percentage Rent specified herein shall be made separately with regard to each calendar month and each Lease Year of the Term hereof, it being understood and agreed that the Gross Sales of any Lease Year and the Percentage Rent due thereon shall have no bearing on or connection with the Gross Sales of any other Lease Year. (e) It is understood and agreed that Landlord shall in no event be construed or held to be a partner, co-venturer or associate of Tenant in the conduct of Tenant's business, nor shall Landlord be liable for any debts incurred by Tenant in the conduct of Tenant's business. It is understood and agreed that the relationship is and at all times shall remain that of Landlord and Tenant. Landlord and Tenant acknowledge and agree that neither shall be subject to any implied obligations to the other, by reason of the fact that this Lease provides for the payment of Percentage Rent. ADDITIONAL RENT Section 6.(a) Tenant agrees to pay to Landlord, as additional rent ("Additional Rent") for the Premises, throuchout the Term, the following amounts: (i) Tenant's Proportionate Share of the cost of operating and maintaining the Common Areas, which areas are defined in Section 7, (the "Common Area Cost"), including, without limitation, the cost of the following: lighting, utilities, cleaning, snow and trash removal, line painting, security (if provided), management fees not to exceed 5% of all rent and additional rent charged for the Shopping Center, maintenance, materials, labor costs, equipment, (including, without limitation, the cost of service agreements on equipment), tools, general repairs, employee benefits and payroll taxes, accounting fees, legal fees, permits, license and inspection fees, sales, use and service taxes, and the repair and/or replacement of signage, paving, curbs, roofs, gutters and spouts, first aid stations, comfort stations, stairways, truck ways, loading docks, package pick-up stations, sidewalks, ramps, the parking lot, driveways, garage, landscaping, drainage facilities, and lighting facilities, including traffic lights, as may be necessary from time to time, and any other cost of operation of the Shopping Center, including without limitation, the Common Areas. The Common Area Costs shall include depreciation of equipment acquired for use in Common Area maintenance if the original cost thereof is not included. (ii) Tenant's Proportionate Share of any real estate and ad valorem taxes and assessments (1) which shall or may become a lien upon, or be assessed, imposed, or levied by lawful taxing authorities against the land upon which the Shopping Center is located, the Building, and other improvements on the Shopping Center for the tax years (the years for which a lien is imposed) falling wholly or partially within the Term of this Lease; (2) which arise in connection with the use, occupancy, or possession of the Shopping Center or any part thereof or any land, buildings, or other improvements thereon; (3) which become due and payable out of or for the Shopping Center, any part thereof, or any land, buildings, or other improvements thereon; or (4) which are imposed, assessed, or levied in lieu of, in substitution for, or in addition to any or all of the foregoing (collectively the "Tax Cost"). The Tax Cost shall include any fees, expenses or costs (including attorneys' fees, expert fees and appraisal fees) incurred by Landlord in protesting any assessments, levies or the tax rate, but shall not include any charge (such as a water meter charge) which is measured by actual user consumption. A real estate tax bill or copy thereof submitted by Landlord to Tenant shall be conclusive evidence of the amount of any real estate taxes, assessments, or installment thereof. In addition, Tenant shall pay all taxes levied against personal property, fixtures and Tenant's improvements in the Premises. If such taxes for which Tenant is liable are levied against Landlord or Landlord's property and if Landlord elects to pay the same or if the assessed value of Landlord's property is increased by inclusion of any such items and Landlord elects to pay the taxes based upon such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is liable hereunder. (iii) Tenant's Proportionate Share of all premiums for public liability, fire and extended coverage or all risk, business interruption, and/or rent loss, and/or any other insurance policy which may reasonably be carried by Landlord insuring the Premises, the Building, the Common Areas, the Shopping Center, or any improvements therein (the "Insurance Cost"). (iv) A proportionate share of all utilities services not measured by a separate meter for the Premises and provided to Tenant and other tenants of the Shopping Center (the "Utility Cost"). Tenant's share of the Utility Cost shall be determined on the basis of the total square feet of floor area of the Premises as a percentage of the total square feet of floor area leased by all tenants provided such services. Tenant shall pay its share of such cost, together with an amount equal to fifteen percent (15%) thereof as payment of administrative costs of Landlord, within ten (10) days after demand therefor. Landlord shall not bill Tenant for such cost more often than monthly. In the event Landlord determines that it is not appropriate to base the utility bills on Tenant's Proportionate Share due to the nature of Tenant's business activities, Landlord may use its discretion in allocating such bills. (v) Tenant shall pay to Landlord prior to the Commencement Date the Annual Promotional Fund cost indicated on the Reference Pages, as Tenant's initial annual payment for Tenant's share of the costs ("Promotional Fund Costs") of a promotional fund ("Promotional Fund") to be used to pay all costs and expenses incurred in connection with the formulation and execution of publicity for the promotion of the Shopping Center or general advertising of Landlord or Landlord's manager. Such programs, which shall be determined by Landlord, may include, without limitation, special events, shows, displays, advertisements, seasonal decorations, seasonal events, and promotional literature of the Shopping Center, Landlord or Landlord's manager; provided, however, that Landlord or an outside advertising agency approved by Landlord shall have the right to review and approve such publicity programs, the items on the Promotional Fund budget for each year, and any amendments to said budget. A portion of the Promotional Fund may be applied to pay costs of administering the Promotional Fund. Tenant's initial payment to the Promotional Fund shall be increased in such Lease Years, if any, that the Annual Fixed Rent is increased pursuant to Section 3 hereof by the percentage increase in the Annual Fixed Rent. Tenant agrees to advertise in any and all special Promotional Fund newspaper sections, tabloids or other advertisements, (including audio and/or visual media) and agrees to cooperate and participate fully in all special sales and promotions sponsored by the Promotional Fund. (b) Tenant's Proportionate Share of the Common Area Cost, the Tax Cost, and the Insurance Cost shall be estimated by Landlord no later than thirty (30) days prior to the first day of each Lease Year. Landlord shall notify Tenant of such estimates which shall be paid, together with an amount equal to fifteen percent (150) thereof as payment of administrative costs of Landlord, by Tenant in advance, on the first day of each and every calendar month throughout such Lease Year. At the end of the Lease Year, when Landlord has calculated the exact amount of Tenant's Proportionate Share of such costs, Landlord shall notify Tenant of such exact amount. Any deficiencies in the payments theretofore (including said administrative costs) made by Tenant shall be paid by Tenant to Landlord within ten (10) days of receipt of said notice. Any surplus paid by Tenant during the preceding Lease Year shall be applied against the next due monthly installments of such costs due from Tenant. During any part of the Term which shall be less than a full calendar year, any and all such costs shall be prorated on a daily basis so that Tenant shall only pay Tenant's Proportionate Share of such Costs attributable to the portion of the calendar year occurring within the Term. (c) The term "rent" as herein used shall include Fixed Rent, Percentage Rent and Additional Rent. COMMON AREAS Section 7. Subject to the Rules and Regulations specified in Section 11 hereof and Landlord's rights under Section 1(c) hereof, Landlord hereby grants to Tenant and Tenant's employees, agents, customers, and invitees the nonexclusive right, during the Term, to use, subject to the rights of governmental authorities, easements, public highways and other restrictions of record, in common with others granted the use thereof, the Common Areas located within the Shopping Center. The term "Common Areas" as used in this Lease shall mean the entire Shopping Center less the gross leasable area of the buildings within the Shopping Center and shall include, without limitation, the parking areas which may be identified by Landlord from time to time, roadways, pedestrian sidewalks, loading docks, delivery areas, landscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of the Building and the Shopping Center and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and the expenditures therefor shall be at the reasonable discretion of Landlord. Landlord may regulate and designate areas for parking by Tenant and its employees and customers. Landlord may temporarily close parts of the Common Areas for such periods of time as may be necessary for (i) temporary use as a work area in connection with the construction of buildings or other improvements within the Shopping Center or contiguous property; (ii) repairs or alterations in or to the Common Areas or to any utility-type facilities; (iii) preventing the public from obtaining prescriptive rights in or to the Common Areas; (iv) emergency or added safety reasons; or (v) doing and performing such other acts as in the use of good business judgment Landlord shall determine to be appropriate for the Shopping Center; provided, however, that Landlord shall use reasonable efforts not to unduly interfere with or disrupt Tenant's business. CONSTRUCTION OF PREMISES Section 8.(a) Prior to the Commencement Date, Landlord shall complete the improvements to the Premises described in Exhibit "C" attached hereto and made a part hereof by reference. Tenant hereby approves Exhibit "C" and all of the improvements, plans and specifications described therein. It is understood and agreed by Tenant that changes in such improvements, plans and specifications which will not materially interfere with Tenant's use of the Premises and which may be necessary during construction of the Premises shall not affect, invalidate, or change this Lease or any of its terms and provisions. (b) Landlord's work in accordance with Exhibit "C" shall be deemed approved by Tenant in all respects thirty (30) days after the Commencement Date, unless prior thereto Landlord receives written notice from Tenant of any defect. in such work. Any disagreement which may arise between Landlord and Tenant concerning the work to be performed by Landlord shall be resolved by the decisions of Landlord's architect. (c) Tenant shall complete the improvements to the Premises described in Exhibit "D" attached hereto and made a part hereof by reference. Landlord and Tenant hereby approve Exhibit "D" and all of the improvements, plans and specifications described therein, provided that Tenant's work described in Exhibit "D" shall be performed in accordance with the provisions of Section 12(a)(i) hereof; and provided further that any change in the improvements, plans and specifications described in Exhibit "D" shall be approved by Landlord in writing in accordance with the provisions of Section 12(a)(ii) hereof. USE Section 9.(a) The Premises shall be occupied and used only for the Use described on the Reference Pages and for no other use, unless Tenant has obtained Landlord's prior written consent, which consent may be withheld in Landlord's sole discretion for any reason or no reason whatsoever. Tenant shall commence business in the Premises on or before sixty (60) days after the Commencement Date, shall operate continuously one hundred percent (1000 of the Premises during the entire Term, and shall keep the Premises fully stocked with merchandise and staffed with personnel so as to maximize Gross Sales at the Premises at all times. Tenant shall conduct its business in the Premises on all business days during all hours as from time to time may be reasonably determined by Landlord to be consistent with the hours of operation of the Shopping Center, but in no event less than eight (8) hours in a business day and seven (7) days per week. Tenant may close the Premises during reasonable periods for repairing, cleaning or decorating the Premises, with the prior written consent of Landlord. Without limiting any other right hereunder by Landlord, in the event Tenant violates this Section, then the Minimum Annual Rent prorated on a daily basis shall be increased by the greater of $25.00 or twenty percent (20%) for any day in which a violation of this Section occurs. (b) Tenant agrees to conduct its business in the Premises under Tenant's Trade Name as indicated on the Reference Pages. (c) Tenant shall use and occupy the Premises in accordance with all governmental laws, ordinance;, rules, and regulations and shall keep the Premises in a clean, careful, safe, and proper manner. Tenant shall not use, or allow the Premises to be used, for any purpose other than as specified herein and shall not use or permit the Premises to be used for any unlawful, disreputable, or immoral purpose or in any way that will injure the reputation of the Shopping Center. Tenant shall not permit any activities in the Premises which may create or cause noise levels which are audible outside the Premises and disturbing to neighboring residences, other tenants or their customers or employees. Tenant shall not permit the Premises to be occupied in whole or in part by any other person or entity. Tenant shall not cause or permit the use or occupancy of the Premises to be or remain a nuisance or disturbance, as determined by Landlord in its sole discretion, to neighboring residences, other tenants, occupants, or users of the Shopping Center. UTILITIES Section 10.(a) (i) Landlord shall provide, up to the lease line cf the Premises, the necessary mains and conduits to provide water, sewer, gas (if available by public utilities) and electric service to the Premises. Tenant shall duly and promptly pay to the supplier thereof all bills for utilities consumed in the Premises measured by a separate meter for the Premises. (ii) If Tenant shall use any utility service for any purpose in the Premises which is or can be measured by a separate meter for the Premises and Landlord. shall elect to supply such service, Tenant shall accept and. use the same as tendered by Landlord and pay Landlord therefor at the applicable rates charged by Landlord. In no event shall Tenant pay to Landlord for any such service more than would be chargeable to Tenant by the utility company providing such service. Payment for any and all water, gas, sewer, and electricity service used by Tenant, if furnished by Landlord, shall be made monthly as Additional Rent within thirty (30) days of the presentation by Landlord to Tenant of bills therefor. (iii) Notwithstanding anything to the contrary provided in this Section 10 or in Subsection 6(a)(iv), Tenant acknowledges that water service to the Shopping Center shall be supplied by Landlord, and Tenant agrees to purchase same from Landlord and to pay the charges therefor when bills are rendered at the applicable rates. Such water service shall be measured by a master meter and Tenant's share of the charges for such service shall be allocated by Landlord, at Landlord's option, either (a) on the basis of the total square feet of floor area at the Premises as a percentage of the total square feet of floor area leased by all tenants in the Shopping Center provided such water service; or (b) based upon readings taken from a water sub-meter for the Premises, if Landlord elects to install such a sub-meter. All such charges shall be paid monthly to Landlord as Additional Rent within thirty (30) days of the presentation by Landlord to Tenant of bills therefor. (b) In the event Landlord supplies any sanitary sewer facilities to the Premises, Tenant shall pay as Additional Rent Tenant's Proportionate Share of the cost of operating and maintaining such facilities, -including, without limitation, the rental cost and/or amortization of such facilities. (c) Landlord shall have the right to cut off and discontinue, without notice to Tenant, any utility or other service whenever and during any period for which bills for the same, rent, or other obligations hereunder are not promptly paid or performed by Tenant. (d) The obligations of Tenant to pay for utility service as herein provided shall commence on the Commencement Date. Landlord shall not be liable in damages or otherwise should the furnishing of such services to the Premises be interrupted by fire, accident, riot, strike,- act of God, the making of necessary repairs or improvements, or other causes beyond the control of Landlord. (e) Landlord shall not be liable in the event of any interruption in the supply of any utilities. Tenant agrees that it will not install any equipment which will exceed or overload the capacity of any utility facilities serving the Premises and that if any equipment installed by Tenant shall require additional utility facilities, installation of the same should be at Tenant's expense, but only after Landlord's written approval of same. RULES AND REGULATIONS Section 11. Tenant agrees that Landlord has the right, at any time and from time to time, for the general welfare of the Shopping Center and its occupants, to impose reasonable rules and regulations of general application governing the conduct of occupants of the Shopping Center and their use of the Common Areas. Tenant agrees to comply with any and all such rules and regulations imposed by Landlord, including, without limitation, those rules and regulations set forth in Exhibit "E". CHANGE OF IMPROVEMENTS BY TENANT Section 12.(a) (i) Upon prior written approval of Landlord, Tenant shall have the right during the Term to make such interior alterations, changes and improvements to the Premises (except structural alterations, changes, or improvements), as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises, provided Tenant shall (A) pay all costs and expenses thereof; (B) make such alterations, changes, and improvements in a good and workmanlike manner, with new materials of first-class quality, and in accordance with all applicable laws and building regulations; and (C) provide Landlord reasonable assurances, prior to commencing such alterations, changes, and improvements, tha= payment for the same will be made by Tenant. Tenant shall not make any structural alterations, changes or improvements to the Premises. (ii) In order to obtain Landlord's approval for such alterations, changes, and improvements, Tenant shall submit to Landlord plans and specifications describing the design, materials, style, and appearance of such alterations, changes, and improvements with reasonable particularity. Within thirty (30) days after receipt of such plans and specifications, Landlord shall notify Tenan- of any objections of Landlord. Tenant shall cure the cause for such objection within thirty (30) days after receipt of such notice and shall resubmit such plans and spE=cifications for Landlord's review and approval. Landlord maj charge Tenant a reasonable charge to cover Landlord's overhead as it relates 10 to such proposed work. Prior to construction, Tenant shall provide such financial assurances as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanic's, materialmen's, or other liens. Tenant shall not be permitted to enter upon the roof of any building without the prior consent of Landlord. (b) Except as otherwise provided below, all signs, equipment, furnishings, and nonpermanent improvements within the Premises, installed in the Premises by Tenant, and paid for by Tenant, except as set forth herein may remain the property of Tenant and, except as set forth herein, shall be removed by Tenant upon the termination of this Lease, provided that any of such as are affixed or attached to the Premises shall be removed by Tenant and Tenant shall repair any damage caused by such removal. Notwithstanding any other provision, by written notice to Tenant prior to or after expiration or termination of the Term, Landlord shall have the right to require Tenant to leave in the Premises equipment, furnishings, improvements, and/or fixtures (including but not limited to trade fixtures) attached to the Premises or the Building. Anything contained herein to the contrary notwithstanding, the HVAC Facilities, and related systems shall at all times remain the property of Landlord and shall not be removed by Tenant. REPAIRS AND MAINTENANCE Section 13.(a) Landlord shall maintain the foundation, the exterior structural walls, and the roof of the Building in good repair, except that Tenant shall reimburse Landlord Tenant's Proportionate Share of the foregoing as a Common Area Cost and shall reimburse for the cost of any repair occasioned by the act or negligence of Tenant, its agents, employees, invitees or licensees. Landlord shall not be required to make any other improvements or repairs of any kind upon the Premises and appurtenances thereto, except as otherwise provided in this Lease. If the Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord, and Landlord shall not be responsible in any way for failure to make any such repairs until a reasonable time shall have elapsed after the giving of such written notice. Landlord's sole liability shall be limited to the cost of the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement in the Premises, any other work therein or in the Shopping Center pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without gross negligence or gross disregard for Tenant's business operations. Unless otherwise provided herein, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Shopping Center or the Premises or in or to fixtures, appurtenances and equipment- therein. (b) At the sole cost and expense of Tenant and throughout the Term, Tenant shall keep and maintain the Premises in good order, condition, and repair, in a clean, sanitary, and safe condition in accordance.with the laws of the State in which the Premises are located, and in accordance with all directions, rules, and regulations of the health officer, fire marshal, building inspector, or any other proper officer of the governmental agencies having jurisdiction over the Premises. Without limiting the foregoing, Tenant shall be responsible for maintenance, repair, and, with Landlord's consent-, replacement as needed of all electrical, plumbing, heating, ventilating, air conditioning, and utility systems located on the Premises, all 11 plate glass and windows, window fittings and sashes, and interior and exterior doors, all fixtures within the Premises, all interior walls, floors and ceilings, water heaters, termite and pest extermination, all of Tenant's improvements and trade fixtures. Tenant shall keep and maintain the Premises in accordance with all requirements of law concerning the manner, usage, and condition of the Premises and appurtenances thereto, as the same shall be in effect from time to time. Tenant shall permit no waste, damage, or injury to the Premises. If at any time and from time to time during the Term, and any renewal thereof, Tenant shall fail to make any maintenance, repairs or replacements in and to the Premises as required in this Lease, Landlord shall have the right, but not the obligation, to enter the Premises and to make the same for and on behalf of Tenant, and all sums so expended by Landlord shall be deemed to be Additional Rent hereunder and payable to Landlord upon demand. Tenant shall keep in force throughout the Lease Term maintenance contracts for the heating, ventilating and air conditioning systems reasonably satisfactory to Landlord. WAIVER OF LIABILITY BY TENANT Section 14. Landlord and Landlord's agents and employees shall not be liable for, and Tenant unconditionally and absolutely waives any and all causes of action, rights, and claims against Landlord and its agents and employees arising from, any damage or injury to person or property, regardless of cause, sustained by Tenant or any person claiming through or under Tenant, resulting from any accident or occurrence in or upon the Premises or any other part of the Building or the Shopping Center, unless the same shall be due to the gross negligence of Landlord and/or Landlord's agents and employees. This provision shall survive the termination or expiration of this Lease. INDEMNIFICATION AND INSURANCE Section 15.(a) Tenant will defend, indemnify, and save Landlord harmless from and against any and all claims, actions, lawsuits, damages, liability, and expense (including, withcut limitation, attorneys' fees) arising from loss, damage, or injury to persons or property occurring in, on, or about the Premises, arising out of the Premises, or occasioned wholly or in part by any act or omission of Tenant, Tenant's agents, contractors, customers or employees. (b) At all times from the Commencement Date and during the Term or any Renewal Term, Tenant shall, at its expense, keep in full force and effect the following insurance policies insuring Tenant, Landlord, and Landlord's mortgagee: (i) public liability insurance in companies acceptable to Landlord with minimum limits of (a) One Million Dollars ($1,000,000) on account of bodily injuries to or death of one (1) person, and One Million Dollars ($1,000,000) on account of bodily injuries to or death of more than one (1) person as the result of any one (1) accident or disaster, and One Million Dollars ($1,000,000) on account of damage to property; or (b) One Million Dollars ($1,000,000) Bodily Injury Liability and Property Damage Liability Combined Single Limit Coverage; and (ii) all-risk hazard insurance covering Tenant's improvements to the Premises and all equipment and contents within the Premises for the full replacement value and business interruption insurance for a minimum of twelve (12) months. Prior to the Commencement Date and upon each renewal, Tenant shall deposit with Landlord the policies of such insurance, or certificates thereof, showing Landlord and its mortgagee as additional insureds, and shall update the same prior to expiration thereof. Tenant's insurance shall not be cancelable without thirty (30) days prior written notice to Landlord. (c) Tenant shall not carry any stock of goods or do anything in or about the Premises which will in any way increase the insurance rates on the Premises, the Building_ and/or the Shopping Center. Any such increase shall be paid by Tenant to Landlord within thirty (30) days after written demand therefor. 12 (d) All casualty coverage insurance carried by Landlord or Tenant shall provide for waiver of subrogation against Landlord, Tenant and other tenants in the Shopping Center on the part of the insurance carrier. Evidence of the existence of such waiver shall be furnished by either party to the other party on request. SIGNS Section 16. Prior to opening for business, Tenant: shall install an identification sign for the Premises at its cost and expense, which sign shall comply with Exhibit "F". Tenant shall not erect or install any other signs except as expressly permitted by Landlord. All permitted signs shall comply with the terms and provisions of Exhibit "F" and all requirements of` appropriate governmental authorities. All necessary permits or licenses shall be obtained by Tenant. Tenant shall maintain all permitted signs in good condition and repair at all times and shall save Landlord harmless from any injury to person or property arising from the erection and maintenance of said signs. Upon vacating the Premises, Tenant shall remove all signs and repair all damage caused by such removal. ASSIGNMENT AND SUBLETTING Section 17.(a) Neither this Lease nor any or all interest herein shall be sold, mortgaged, pledged, encumbered, assigned, transferred, or otherwise disposed of in any manner by Tenant, voluntarily or involuntarily, by operation of law, or otherwise, nor shall the Premises or any part thereof be sublet, used, or occupied for the conduct of any business by any third person, firm, or corporation or for any purpose other than herein authorized, except with the prior written consent. of Landlord, which consent Landlord may grant or withhold in its sole discretion. A sale or sales of fifty percent (50?.) or more of the capital stock of Tenant (if Tenant is a corporation) or of the interest in capital, profits, or losses of Tenant. (if Tenant is a partnership) shall be deemed to be a prohibited assignment of this Lease within the meaning of this Section 17. In the event Tenant desires to sublet the Premises, or any portion thereof, or assign this lease, Tenant shall give written notice thereof to Landlord at least ninety (90) days but not more than one hundred eighty (180) days prior to the proposed commencement date of such subletting or assignment, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of financial reports and other relevant financial information on the proposed subtenant or assignee. Notwithstanding any permitted assignment or subletting, Tenant shall at all times remain directly and primarily liable for the payment of the rent herein specified and for compliance with all of its other obligations under this Lease. Upon the occurrence of a default under Section 20 of this Lease, which is not cured within the applicable grace period, if the Premises or any part thereof are then sublet, Landlord, in addition to any other remedies provided herein or by law, may collect directly from such subtenant all rents due and becoming due to Tenant under such sublease and apply such rent-against any sums due to Landlord from Tenant hereunder. No such collection directly from an assignee or subtenant shall be construed to constitute a novation or a release of Tenant from the further performance of Tenant's obligations hereunder nor shall it constitute consent of the sublease or assignment. Any guaranty of Tenant's performance executed as consideration for this Lease shall remain in full. force and effect before and after any such assignment or subletting. Landlord may require Tenant, and Tenant hereby agrees, to execute a guaranty of this Lease before Landlord consents to any such assignment or sublease and to cause the guarantor of Tenant's Lease to execute an acknowledgment of the assignment or sublease. (b) In addition to Landlord's right to consent to any subtenant or assignee, Landlord shall have the option, in its sole 13 discretion, in the event of any proposed subletting or assignment, to terminate this Lease, or in the case of a proposed subletting of less than the entire Premises, to recapture the portion of the Premises to be sublet, as of the date the subletting or assignment is to be effective. The option shall be exercised by Landlord's giving Tenant written notice thereof within thirty (30) days following Landlord's receipt of Tenant's written notice as required above. If this Lease shall be terminated with respect to the entire Premises, the Term shall end on the date stated in Tenant's notice as the effective date of the sublease or assignment as if that date had been originally fixed in this lease for the expiration of the Term. If Landlord recaptures only a portion of the Premises, the Annual Fixed Rent and Additional Rent during the unexpired Term shall abate, proportionately, based on the Annual Fixed Rent and Additional Rent due as of the date immediately prior to such recapture and Percentage Rent shall be calculated using the adjusted Annual Fixed Rent. Tenant shall, at Tenant's own cost and expense, discharge in full any outstanding commission obligation with respect to this Lease and any commissions which may be owing as a result of and, proposed assignment or subletting, whether or not the Premises are rented by Landlord to the proposed tenant or any other tenant. (c) Consent by Landlord to any assignment or subletting shall not include consent on a subsequent assignment or subletting of the Premises by Tenant or its assignee or sublessee or the consent to the assignment or transferring of any Lease renewal option rights, space option rights or other special privileges granted to Tenant hereunder (and such options, rights or privileges shall terminate upon such assignment or subletting), unless Landlord specifically grants in writing such options, rights or privileges to assignee or subtenant. Any sale assignment, mortgage, transfer of this Lease or subletting which does not comply with the provisions of this Section shall be void. (d) Notwithstanding Landlord's consent, in the event that Tenant sells, sublets, assigns, or transfers. this Lease and at any time receives periodic rent and/or other consideration which exceeds that which Tenant would at that time be obligated to pay to Landlord, Tenant shall pay to Landlord 100$ of the gross increase in such rent as such rent is received by Tenant and 100% of any other consideration received by Tenant from such subtenant or such assignee. (e) Should Landlord consent to an assignment or sublease of this Lease, Tenant, its proposed assignee or subtenant and Landlord shall execute an agreement prepared by or acceptable to Landlord wherein the proposed assignee or subtenant agrees to be bound by the terms and conditions of this Lease, and Tenant will pay to Landlord on demand a sum equal to all of Landlord's costs, including reasonable attorneys' fees, incurred in connection with such assignment, sublease or transfer. REPAIR AFTER CASUALTY Section 18.(a) (i) Tenant shall immediately give written notice to Landlord of any damages caused to the Premises by fire or other casualty. If the Premises shall be destroyed or so injured, due to any cause, as to be unfit, in whole or in part, for occupancy, and such destruction or injury could reasonably be repaired within nine (9) months from the receipt of insurance proceeds covering such destruction or injury, then Tenant shall not be entitled to surrender possession of the Premises, nor, except as hereinafter provided, shall Tenant's liability to pay rent under this Lease cease without the mutual consent of the parties hereto. In the case of anv such destruction or injury, Landlord shall repair all structural portions of the Premises with all reasonable speed and shall complete such repairs within nine (9) months from the receipt of such insurance proceeds. Notwithstanding the foregoing, Landlord shall not be required to expend any amount in excess of the net insurance proceeds 14 for such repairs. Unless such damage is the result of the negligence or willful misconduct of Tenant or its agents, employees or invitees, if during such period Tenant shall be deprived of the use of all or any portion of the Premises, a proportionate adjustment in the Annual Fixed Rent and Additional Rent shall be made corresponding to the time during which, and the portion of the Premises of which, Tenant shall be so deprived and Percentage Rent shall be calculated using the adjusted Annual Fixed Rent. Tenant shall, within sixty (60) days after completion of Landlord's work, complete all work to the Premises (without any allowance from Landlord) necessary to restore the Premises to their condition on the date Tenant opened for business to the public. (ii) If such destruction or injury to the Premises cannot reasonably be repaired within nine (9) months from the receipt of insurance proceeds covering such destruction or injury, or if the net insurance proceeds available for such repairs are not sufficient in Landlord's reasonable determination, Landlord shall notify Tenant within ninety (90) days after the occurrence of such destruction or injury whether or not Landlord will repair or rebuild. If Landlord elects not to repair or rebuild, this Lease shall be terminated. If Landlord shall elect to repair or rebuild, Landlord shall notify Tenant of the time within which such repairs or reconstruction will be completed, and 'tenant shall have the option, within thirty (30) days after the receipt of such notice, to elect by written notice to Landlord to either terminate this Lease and any further liability hereunder, or to extend the Term by a period of time equivalent to the time from the occurrence of such destruction or injury until the Premises are restored to their former condition. In the event Tenant elects to extend the Term, Landlord shall restore the structural portions of the Premises to their former condition within the time specified in said notice, Tenant shall complete the work required of Tenant pursuant to paragraph M above within sixty (60) days after completion of Landlord's work, and Tenant shall not be liable to pay the Annual Fixed Rent and Additional Rent for the period from the occurrence of such destruction or injury until the structural portions of the Premises are so restored by Landlord and Percentage Rent shall be calculated using the adjusted Annual Fixed Rent. (b) In addition to all rights to cancel or terminate this Lease given to the parties in Section 18(a) hereof, (aa) if fifty percent (50%) or more of the gross leasable area of the Shopping Center is destroyed or damaged, regardless of whether or not the Premises shall be affected by such damage or destruction, Landlord shall have the right-to cancel and terminate this Lease as of the date of such damage or destruction by giving notice thereof to Tenant within ninety (90) days after the date of such damage or destruction and (bb) if the Premises are destroyed or damaged during the last two (2) years of the Term to the extent of fifty percent (50%) or more of the total square feet of floor area of the Premises, then either Landlord or Tenant shall have the right to cancel and terminate this Lease as of the date of such damage or destruction by giving notice thereof within thirty (30) days after the date of said damage or destruction. However, if subsection (aa) above does not apply and Tenant shall, within thirty (30) days following receipt of Landlord's notice of cancellation pursuant to (bb) above, give Landlord notice of its intention to renew the Lease for any additional option periods then available to it under the terms of this Lease, then the notice of Landlord to terminate the Lease shall be of no force and effect and Section 18(a)(i) or 18(a_)(_Ti) hereof, as the case may be, shall apply. If no additional option periods are then available to Tenant, this Lease shall terminate on the date recited in such notice from Landlord. (c) Notwithstanding anything to the contrary contained 15 in Sections 18(a)(i), 18(a)(ii), and 18(b) hereof, Landlord may cancel this Lease with no further liability to Tenant whatsoever in the event that following any damage, destruction, or injury to the Premises or the Building, Landlord's mortgagee elects to require Landlord to make advance payments upon or for any indebtedness secured by a mortgage on the Shopping Center or any portion thereof. (d) In the event of any insurance claim against any of Landlord's insurance policies, Landlord shall have the right to recover from Tenant Tenant's Proportionate Share of the amount of any deductible or other loss not reimbursed to Landlord by proceeds of insurance. CONDEMNATION Section 19.(a) In the event the entire Premises shall be taken by condemnation or right of eminent domain, this Lease shall terminate as of the day possession shall be taken by the taking authority and Landlord and Tenant shall be released from any further liability hereunder. In the event only a portion of the Premises shall be taken by condemnation or right of eminent domain and the portion so taken renders the balance unsuitable for the purpose of this Lease, either Landlord or Tenant shall be entitled to terminate this Lease, such termination to become effective as of the day possession of the Premises shall be taken, provided notice of such termination is given within thirty (30) days after the date of notice of such taking. If, in such case, this Lease is not terminated, Landlord agrees to restore the Premises with reasonable speed to an architectural unit as nearly like its condition prior to such taking as shall be practicable. If during and/or after the work of restoration, Tenant shall be deprived of the use of all or any portion of the Premises, a proportionate adjustment in the Annual Fixed Rent and Additional Rent shall be made corresponding to the time during which and the portion of the Premises of which Tenant is so deprived and Percentage Rent shall be calculated using the adjusted Annual Fixed Rent in the formula specified in Section 4 hereof. (b) Ail damages awarded in connection with the taking of the Premises, whether allowed as compensation for diminution in value to the leasehold, to the reversion and fee of the Premises, to Tenant's leasehold improvements or otherwise, shall belong to Landlord. Notwithstanding the foregoing, Tenant shall be entitled to make a separate claim to the condemning authority for damage to merchandise and fixtures, removal and reinstallation costs, and moving expenses. (c) Notwithstanding anything to the contrary contained in Sections 19(a) and 19(b) hereof, Landlord may cancel this Lease with no further liability to Tenant whatsoever in the event that (a) fifty percent (50%) or more of the gross leasable area of the Shopping Center is taken by condemnation or right of eminent domain, or (b) following any taking of the Premises or the Building by condemnation or right of eminent domain, Landlord's mortgagee elects to require Landlord to make advance payments upon or for any indebtedness secured by a mortgage on the Shopping Center or any portion thereof. LANDLORD'S REMEDIES UPON DEFAULT Section 20.(a) If, at any time after the Commencement Date: (i) Tenant shall be in default in the payment of rent or other sums of money required to be paid by Tenant, or in the performance of any of the covenants, terms, conditions, provisions, rules and regulations of this Lease, and Tenant shall fail to remedy such default within ten (10) days of the date when due in the event the default is as to payment of any sums of money, or, except as provided in subsection (ii) below, within twenty (20) days after written notice thereof if the default relates to matters other than 16 the payment of money; or (ii) Landlord shall have an audit made for any year in accordance with Section 5(b) above and the Gross Sales shown by Tenant's statement of Gross Sales for such year shall be found to be understated by more than three percent (3%); or (iii) Tenant becomes insolvent or makes an assignment for the benefit of creditors, or if any guarantor of Tenant shall become insolvent or make an assignment for the benefit of creditors, or if a receiver shall be appointed, or if proceedings under the Bankruptcy Code shall be instituted by or against Tenant or any guarantor of this Lease and the same shall not be dismissed by the Court within ninety (90) days after being filed, or if any event shall happen which, aside from this provision, would cause any assignment or devolution of Tenant's interest or occupancy hereunder by operation of law; then if any of the circumstances described in (i), (ii) or (ii:.) above should occur, Landlord may, in addition to all other remedies given to Landlord in law or in equity, by written notice to Tenant, terminate this Lease or without terminating this Lease reenter the Premises by summary proceedings or otherwise and, in any event, dispossess the Tenant, it being the understanding and agreement of the parties that under no circumstances is this Lease to be an asset for Tenant's creditors by operation of law or otherwise. In the event of such reentry Landlord may, but need not, relet the Premises or any part thereof for such rent and upon such terms as Landlord, in its sole discretion, shall determine (including the right to relet the Premises for a greater or lesser term than that remaining under this Lease, the right to relet the Premises as a part of a larger area, and the right to charge the character or use made of the Premises). If Landlord decides to relet the Premises or a duty to relet is imposed upon Landlord by law, Landlord and Tenant agree that Landlord shall only be required to use the same efforts Landlord then uses to lease other properties Landlord owns or manages (or if the Premises is then managed for Landlord, then Landlord will instruct such manager to use the same efforts such manager then uses to lease other space or properties which it owns or manages); provided, however, that Landlord (or its manager) shall not be required to give any preference or priority to the showing or leasing of the Premises over any other space that Landlord (or its manager) may be leasing or have available and may place a suitable prospective tenant in any such available space regardless of when such alternative space becomes available; provided, further, that Landlord shall not be required to observe any instruction given by Tenant about such reletting or accept any tenant offered by Tenant unless such offered tenant has a creditworthiness acceptable to Landlord, leases the entire Premises, agrees to use the Premises in a manner consistent with this Lease and leases the Premises at the same rent, for no more than the Term and on the same other terms and conditions as in this Lease without the expenditure by Landlord for tenant improvements or broker's commissions. In any such case, Landlord may, but shall not be required to, make repairs, alterations and additions in or to the Premises and redecorate the same to the extent Landlord deems necessary or desirable, and Tenant shall, upon demand, pay the cost thereof, together with Landlord's expenses of reletting, including, without limitation, any broker's commission incurred by Landlord. In the event of a reletting, Landlord may apply the rent therefrom first to the payment of Landlord's expenses, including attorneys' fE?es incurred by reason of Tenant's default and the expense of reletting (including, without limitation, repairs, renovation or alteration of the Premises) and then to the amount of rent and all other sums due from Tenant hereunder, Tenant remaining liable for any deficiency. Any and all deficiencies 17 shall be payable by Tenant monthly on the date herein provided for the payment of Monthly Installments of Fixed Rent. In determining the deficiencies and rent which would be payable by Tenant hereunder subsequent to default, the annual rent for each Lease Year of the unexpired portion of the Term shall be equal to the average Annual Fixed Rent and Percentage Rent paid by Tenant from the commencement of the Term to the time of default, or during the preceding three (3) full calendar years, whichever is shorter. (b) No termination of this Lease or any taking or recovery of possession of the Premises shall deprive Landlord of any of its remedies or rights of action against Tenant, and Tenant shall remain liable for all past or future rent, including all Additional Rent, taxes, insurance premiums, and other charges and rent payable by Tenant under this Lease, during the Term. In no event shall the bringing of any action for rent or other default be construed as a waiver of the right to obtain possession of the Premises. (c) In the event of default by Tenant or in the event Landlord commences an action for the recovery of rent, or for any other amount due under the terms and provisions of this Lease, or because of the breach of any other covenant herein contained on the part of Tenant, Landlord may accelerate all amounts due hereunder including but not limited to rent for the balance of the term and in addition, Tenant shall pay to Landlord all expenses incurred therefor, including Landlord's reasonable attorneys' fees. (THE FOLLOWING SUBSECTIONS (d) THROUGH (e) ARE ONLY APPLICABLE FOR LEASES INVOLVING PROPERTIES IN PENNSYLVANIA) (d) IN THE EVENT OF DEFAULT HEREUNDER OR WHEN THIS LEASE AND ITS TERM SHALL HAVE BEEN TERMINATED ON ACCOUNT OF ANY DEFAULT HEREUNDER OR WHEN THE TERM HEREBY CREATED SHALL HAVE EXPIRED, IT SHALL BE LAWFUL FOR ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR AS ATTORNEY FOR TENANT AS WELL AS FOR ALL PERSONS CLAIMING BY, THROUGH OR UNDER TENANT AND TO CONFESS JUDGMENT FOR THE POSSESSION AND RECOVERY BY LANDLORD OF POSSESSION OF THE DEMISED PREMISES TOGETHER WITH COSTS OF SUIT AND REASONABLE ATTORNEYS FEES OF NOT LESS THAN ONE THOUSAND DOLLARS, FOR WHICH THIS LEASE SHALL BE SUFFICIENT WARRANT. THEREUPON, IF LANDLORD SO DESIRES, AN APPROPRIATE WRIT OF POSSESSION MAY ISSUE FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER, PROVIDED THAT IF FOR ANY REASON AFTER SUCH ACTION SHALL HAVE BEEN COMMENCED IT SHALL BE DETERMINED THAT POSSESSION OF THE DEMISED PREMISES SHOULD REMAIN IN OR BE RESTORED TO TENANT, LANDLORD SHALL HAVE THE RIGHT FOR THE SAME DEFAULT AND UPON ANY SUBSEQUENT DEFAULT OR DEFAULTS, OR UPON THE TERMINATION OF THIS LEASE OR OF TENANT'S RIGHT OF POSSESSION AS HEREINBEFORE SET FORTH, TO BRING ONE OR MORE FURTHER ACTION OR ACTIONS AS HEREINBEFORE SET FORTH, TO RECOVER POSSESSION OF THE DEMISED PREMISES AND TO CONFESS JUDGMENT FOR THE RECOVERY OF POSSESSION OF THE DEMISED PREMISES AS HEREINBEFORE PROVIDED. NOTWITHSTANDING ANYTHING CONTAINED IN THIS LEASE TO THE CONTRARY, THE RIGHT OF LANDLORD TO CONFESS JUDGMENT FOR EJECTMENT AS SPECIFIED ABOVE SHALL NOT PRECLUDE OR LIMIT LANDLORD'S RIGHT TO INITIATE ANY OTHER ACTION. IN THE EVENT OF DEFAULT HEREUNDER OR WHEN THE TERM HEREBY CREATED SHALL HAVE EXPIRED, IT SHALL BE LAWFUL FOR ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR AS ATTORNEY FOR TENANT AS WELL AS FOR ALL PERSONS CLAIMING BY, THROUGH OR UNDER TENANT AND TO THEREIN CONFESS JUDGMENT FOR DAMAGES FOR AMOUNTS DUE HEREUNDER TOGETHER WITH COSTS OF SUIT AND ATTORNEYS FEES OF NOT LESS THAN FIVE PERCENT OF THE AMOUNT CLAIMED, FOR WHICH THIS LEASE SHALL BE SUFFICIENT WARRANT. THEREUPON, IF LANDLORD SO DESIRES, AN APPROPRIATE WRIT OF EXECUTION MAY ISSUE FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER, PROVIDED THAT IF FOR ANY REASON AFTER SUCH ACTION SHALL HAVE BEEN COMMENCED LANDLORD SHALL HAVE THE RIGHT FOR THE SAME DEFAULT AND UPON ANY SUBSEQUENT DEFAULT OR DEFAULTS, OR UPON THE TERMINATION OF THIS LEASE OR OF 18 TENANT'S RIGHTS AS HEREINBEFORE SET FORTH, TO BRING ONE OR MORE FURTHER ACTION OR ACTIONS AS HEREINBEFORE SET FORTH, AND TO CONFESS JUDGMENT AS HEREINBEFORE PROVIDED. NOTWITHSTANDING ANYTHING CONTAINED IN THIS LEASE TO THE CONTRARY, THE RIGHT OF LANDLORD TO CONFESS JUDGMENT AS SPECIFIED ABOVE SHALL NOT PRECLUDE OR LIMIT LANDLORD'S RIGHT TO INITIATE ANY OTHER ACTION. (e) Tenant expressly waives: (i) The right to delay execution on any real estate that may be levied upon to collect any amount which may become due under the terms and conditions of this Lease and any right to have the same appraised. Tenant authorizes the Prothonotary or Clerk to enter a writ of execution or other process upon Tenant's voluntary waiver and further agrees that said real estate may be sold on a writ of execution or other process. (ii) All rights under the Pennsylvania Landlord and Tenant Act of 1951 and all supplements and amendments thereto. (iii) The right to ten (10), fifteen (15) and/or thirty (30) days' notice, and notices to quit, required under certain circumstances by the Pennsylvania Landlord and Tenant Act of 1951, Tenant hereby agreeing that the respective notice periods provided for in this Lease shall be sufficient in either or any such case (f) Tenant expressly waives: (i) The right to delay execution on any real estate that may be levied upon to collect any amount which may become due under the terms and conditions of this Lease and any right to have the same appraised. Tenant authorizes the Prothonotary or Clerk to enter a writ of execution or other process upon Tenant's voluntary waiver and further agrees that said real estate may be sold on a writ of execution or other process. (ii) All rights under applicable law and all supplements and amendments thereto. (iii) The right to ten (10), fifteen (15) and/or thirty (30) days' notice, and notices to quit, required under law, Tenant hereby agreeing that the respective notice periods provided for in this Lease shall be sufficient in either or any such case. (g) The parties hereto shall, and they hereby do, waive trial by jury in any action, proceeding, or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of, or in any way connected with, this Lease, the relationship of Landlord and Tenant, "'enant's use or occupancy of the Premises, and/or any claim of injury or damage arising out of the Premises, the Building, or the Shopping Center. (h) All rights and remedies provided herein or otherwise existing at law or in equity are cumulative, and the exercise of one or more rights or remedies by either party shall not preclude or waive its right to the exercise of any or all of the others. DISCHARGE OF LIENS Section 21.(a) The Tenant shall not cause, suffer, or permit the Premises, Building, or the Shopping Center to be encumbered by any liens of mechanic's, laborers, or materialmen, any security interests, or any other liens. Tenant shall, whenever and as often as any such liens are filed against the Premises, the Building, or the Shopping Center and are purported to be for labor or material furnished or to be furnished to Tenant, discharge without demand 19 by Landlord the same of record within ten (10) days after the date of filing by payment, bonding or otherwise, as provided by law. Tenant shall, upon reasonable notice and request in writing from Landlord, also defend against Landlord, at Tenant's sole cost and expense, any action, suit, or proceeding which may be brought on or for the enforcement of any such lien and shall pay any damages and satisfy and discharge any judgments entered in such action, suit, or proceeding and shall save harmless Landlord from any liability, claim, or damages resulting therefrom. In default of Tenant procuring the discharge of any such lien, Landlord may, without further notice, procure the discharge thereof by bonding or payment or otherwise, and all costs and expenses which Landlord may incur in obtaining such discharge shall be paid by Tenant as Additional Rent within ten (10) days of any demand therefor. (b) Nothing in this Lease, nor any approval by Landlord of any of Tenant's alterations or contractors, shall be deemed or construed in any way as constituting consent by Landlord for the making of any alterations or additions by Tenant, or constituting a request by Landlord, expressed or implied, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord. LIABILITY OF LANDLORD Section 22. If Landlord shall fail to perform any covenant, term, or condition of this Lease, and if Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title, and interest of Landlord in the Shopping Center as the same may then be encumbered and neither Landlord nor any of its partners shall be liable for any deficiency. It is understood that in no event shall Tenant have any right to levy execution against any property of Landlord other than its interest in the Shopping Center. Such right of execution shall be subordinate and subject to any mortgage or other encumbrance upon the Shopping Center. RIGHTS OF LANDLORD Section 23.(a) Landlord shall have the right, but not the duty, at all reasonable times, by itself or through its duly authorized agents, to go upon and inspect all or any part of the Premises and, at Landlord's option, to make repairs, alterations, and additions to the Premises, the Building, or any part thereof, or to show the Premises or the Building to lenders or to prospective purchasers or tenants. (b) If Tenant shall fail to fulfill any of its obligations hereunder, Landlord shall have the right to fulfill such obligation and any amounts so paid by Landlord are agreed and declared to be "Additional Rent" due and payable to Landlord from Tenant with the next installment of Monthly Installment of Fixed Rent due thereafter under this Lease. Any such amounts which shall be paid by Landlord on behalf of Tenant shall bear interest from the date so paid by Landlord at the rate of eighteen percent (18%) per annum or at the prime rate of interest then being charged by Chase Manhattan Bank N.A., a national banking association, whichever is higher provided that in no event shall such rate to be charged Tenant exceed the rate otherwise permitted by law. (c) All rights of Landlord hereunder shall be deemed to accrue to the benefit of Landlord's mortgagee, if any. SUBORDINATION TO MORTGAGE Section 24.(a) Tenant understands, acknowledges and agrees that this Lease is and shall be subordinate to any mortgage, ground lease or other lien or restriction of record now existing or hereafter placed on or affecting the Premises, the Building, or the Shopping Center, or any part thereof, and to any renewals, 20 refinancing or extensions thereof and to all advances made or hereafter to be made upon the security thereof. This subordination provision shall be self-operative and no further instrument of subordination shall be required by any mortgagee or lender. However, Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage or other lien now existing or hereafter placed upon the Premises, the Building, or the Shopping Center as a whole. Further, Tenant agrees, upon the demand or request of any party in interest, to execute promptly such further instruments or certificate; as may be necessary to carry out the intent of this Section. (b) Notwithstanding the provisions of Section 29(a) hereof, any mortgagee may at any time subordinate the lien of its mortgage to the operation and effect of this Lease without obtaining Tenant's consent thereto, by giving the Tenant written notice thereof, in which event this Lease shall he deemed to be senior to such mortgage without regard to their respective dates of execution, delivery, and/or recordation among the land records of the county in which the Shopping Center is located, and thereafter such mortgagee shall have the same rights as to this Lease as it would have had, were this Lease executed and delivered before the execution of such mortgage. (c) Tenant shall, within ten (10) days from written request by Landlord, execute and deliver to such persons as Landlord shall specify a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or, if Tenant alleges a default, stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) or proposed purchaser(s) shall reasonably require. (d) In the event any proceedings are brought for foreclosure or in the event of the exercise of the power of sale under any mortgage or deed of trust, Tenant shall attorn to the purchaser in any such foreclosure or sale and recognize such purchaser as landlord under this Lease. NO WAIVER BY LANDLORD Section 25. No waiver of any of the terms, covenants, provisions, conditions, rules, and regulations imposed by this Lease, and no waiver of any legal or equitable relief or remedy„ shall be implied by the failure of Landlord to assert any :sights, declare any forfeiture, or for any other reason. No waiver of any of said terms, provisions, covenants, conditions, rules, and regulations shall be valid unless it shall be in writing signed by Landlord. No waiver by Landlord or forgiveness of performance by Landlord in respect to one or more tenants of the Building shall constitute a waiver or forgiveness of performance in respect to Tenant. VACATION OF PREMISES Section 26. Tenant shall deliver and surrender to Landlord possession of the Premises (including all of Tenant's work upon and to the Premises, all replacements thereof, and at Landlord's option all fixtures attached to the Premises) immediately upon the expiration of the Term or the termination of this Lease in any other way in as good condition and repair as the same were on the Rent Commencement Date (loss by any insured casualty and ordinary wear and tear only excepted) and deliver the keys at the office of Landlord or Landlord's agent; provided, however, that upon Landlord's request made at any time prior to or subsequent to the end of the Term, or the date Tenant is otherwise required to vacate the Premises, Tenant shall remove all fixtures and equipment attached to the Premises by Tenant, and restore the Premises to a condition acceptable to Landlord but. at least as good a condition as existing on the Rent Commencement Date (loss 21 by any insured casualty and ordinary wear and tear only excepted), at Tenant's sole expense. Such removal shall be performed prior to the earlier of the end of the Term or the date Tenant is required to vacate the Premises. MEMORANDUM OF LEASE Section 27. Upon request by Landlord, Tenant hereby agrees to execute for recordation a memorandum of this Lease. RENT DEMAND Section 28. Every demand for rent wherever and whenever made shall have the same effect as if made at the time it falls due and at the place of payment. After the service of any notice or commencement of any suit, or final judgment therein, Landlord may receive and collect any rent due, and such collection or receipt shall neither operate as a waiver of nor affect such notice, suit, or judgment. NOTICES Section 29. Any notices, requests, or consents required to be given by or on behalf of Landlord or Tenant shall be in writing and shall be sent by overnight courier or by registered or certified United States mail, return receipt requested, postage prepaid, addressed to the parties hereto at the respective addresses set forth on the Reference Pages, or at such other address as may be specified from time to time, in writing. Such notice shall be deemed given when it is deposited. in overnight courier or deposited United States mail, postage prepaid. Copies of all notices to Landlord shall be sent to: Lavipour & Company, LLC 444 Park Avenue South Suite 302 New York, NY 10016 APPLICABLE LAW AND CONSTRUCTION Section 30. The laws of the state in which the Premises is located shall govern the validity, performance, interpretation, and enforcement of this Lease. Tenant consents to the jurisdiction of the state in which the Premises is located. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations, and understandings between the parties are incorporated herein. This Lease may be modified or altered only by agreement in writing between the parties. Tenant shall have no right to quit the Premises or cancel or rescind this Lease except as expressly granted herein. This Lease has been :negotiated by Landlord and Tenant and this Lease, together with all of the terms and provisions hereof, shall not be deemed to have been prepared by either Landlord or Tenant,. but by both equally. If any provision of this Lease is held to be invalid or unenforceable, the validity and enforceability of the remainder of this Lease shall not be affected thereby. FORCE MAJEURE Section 31. In the,event that either party hereto shall be delayed, hindered in, or prevented from performing any act required hereunder by reason of strikes, lockouts„ inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or any other reason of a like nature not the fault of the party delayed in performing such act, then performance of such act shall be excused for the period of the delay and the period allowed for the performance of such act shall be extended for a period equivalent to the period of such delay. Notwithstanding anything contained herein to the contrary, Tenant shall not be excused from the payment of rent or other sums of money which may become due under the terms of this 22 Lease. LANDLORD'S LIEN Section 32.(a) Tenant hereby grants to Landlord a lien and security-interest ty interest on all property of Tenant now or hereafter placed in or upon the Premises, and such property shall be and remain subject to such lien and security interest of Landlord for payment of all rent and other sums agreed to be paid by Tenant herein. Landlord's lien, however, shall not be superior to a lien from a lending institution, supplier or leasing company, if such lending institution, supplier or leasing company has a perfected security interest in the equipment, furniture or other tangible personal property which originated in a transaction whereby Tenant acquired same. (b) The provisions of this Section relating to such lien and security interest shall constitute a security agreement under and subject to the Uniform Commercial Code of the state wherein the Shopping Center is located, so that Landlord shall have and may enforce a security interest on all property of Tenant now or hereafter placed in or on the Premises, in addition to and cumulative of Landlord's liens and rights provided by law or by the other terms and provisions of this Lease. (c) Tenant agrees to execute as debtor such financing statement or statements and such other documents as Landlord may now or hereafter request in order to protect or further perfect Landlord's security interest. Notwithstanding the above, Landlord shall neither sell nor withhold from Tenant Tenant's business records. QUIET ENJOYMENT Section 33. Landlord hereby covenants and agrees that if Tenant shall perform all of the covenants and agreements herein stipulated to be performed by Tenant, Tenant shall at all times during the continuance hereof have peaceable and quiet enjoyment and possession of the Premises without any manner of let or hindrance from Landlord or any person or persons claiming by, through, or under Landlord, subject, always, to the terms and provisions of this Lease. HOLDING OVER Section 34. If at the expiration of the Term or any renewal thereof Tenant continues to occupy the Premises, such holding over shall not constitute a renewal of this Lease, but Tenant shall be a tenant from month to month upon all of the terms, provisions, covenants, and agreements hereof, except that Landlord may, in its sole discretion, increase the amount of the Annual Fixed Rent thereafter due hereunder to an amount equal to 200% of the Annual Fixed Rent being paid immediately prior to such expirations. BROKERS Section 35. Tenant represents and warrants that it has not dealt with any real estate broker other than the Broker(s) listed on the Reference Pages in connection with this Lease. Landlord shall pay any commission or fee due such Broker(s) as a result of this Lease. Tenant agrees to indemnify Landlord against, and hold it harmless from, all liabilities arising from any claim resulting from its having dealt with any other broker in connection with this Lease. CAPTIONS Section 36. All paragraph titles or captions contained in this Lease are for convenience only and shall not be deemed part of the context of this Lease. VARIATION IN PRONOUNS 23 Section 37. All of the terms and words used in this Lease, regardless of the number and gender in which they are used, shall be deemed and construed to include any other number or gender, as the context or sense of this Lease or any paragraph or clause herein may require, as if such terms and words had been fully and properly written in the appropriate number and gender. LENDERS' APPROVAL Section 38. Notwithstanding anything contained herein to the contrary, Landlord's obligations and Tenant's rights under this Lease are conditioned upon its approval by Landlord's construction lender and permanent lender. In the event Landlord is unable to obtain such approvals, Landlord shall notify Tenant of the basis therefor and Tenant shall have thirty (30) days in which to agree to any changes requested by such lender in order to make the within Lease acceptable to it. In the event Tenant fails to agree to any such changes within said thirty (30) day period, Landlord may terminate this Lease within thirty (30) days thereafter. In such event, both parties shall be released from any further liability under this Lease. SECURITY DEPOSIT Section 39. The Security Deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Tenant's damages in case of default by Tenant. The Security Deposit shall be paid to Landlord upon execution of this Lease. Landlord may, in its sole discretion, from time to time without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any default under this Lease or to satisfy any other covenant or obligation of Tenant hereunder; provided, however, that no portion of the Security Deposit shall be applied towards payment of the last month's rent hereunder without the prior written consent of the Landlord's mortgagee. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in,order to restore the Security Deposit to its original amount. If Tenant is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be retarned by Landlord to Tenant after deduction therefrom any unpaid obligation of the Tenant to the Landlord as may arise under this Lease, including, without limitation, the obligation to restore the Premises pursuant to Section 26 hereof. If Landlord transfers its interest in the Premises during the term of this Lease, Landlord may assign the Security Deposit to the transferee and thereafter Landlord shall have no further liability to Tenant for the return of such Security Deposit, and Tenant shall look solely to the transferee for return of such Security Deposit. NO INCOME PARTICIPATION Section 40. Neither Tenant nor any other person having an interest in the possession, use, occupancy or utilization of the Premises shall enter into any lease, sublease, license, concession or other agreement for use, occupancy pr utilization of the Premises which provides for rental or other payment for such use, occupancy or utilization based in whole or in part on the net income or profits derived by any person from the Premises or portion thereof leased, used, occupied or utilized (other than an amount based on a fixed percentage or percentages of receipts or sales), and that any such purported lease, sublease, license, concession or other agreement shall be absolutely void and ineffective as a conveyance of any right or interest in the possession, use, occupancy or utilization of any part of the mortgaged Premises. HAZARDOUS SUBSTANCES 24 Section 41. In addition to, and not in limitation of any other provision of this Lease, Tenant agrees not to generate, store, use, treat or dispose of, nor to allow, suffer or permit the generation, storage, use, treatment or disposal of, any "hazardous waste" or "hazardous substance" (as those terms are defined in the Resource Conversation and Recovery Act, 42 U.S.C Sections 6901 et se q., as amended ("RCRA") or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sections 9601 et seq., as amended ("CERCLA"), and any rules and regulations now or hereafter promulgated under either of such acts) or any pollutant or other contaminant on, in from or abcut the Premises or the Shopping Center, which hazardous material is prohibited or controlled by any federal, state or local law, ordinance, rule or regulation now or hereafter in effect. Tenant shall and hereby does indemnify and hold Landlord harmless from and against any and all loss, damages, expenses, fees, claims, costs and liabilities (including, but not limited to, attorneys' fees and costs of litigation) arising out of or in any manner related to the "release" or "threatened release" of, and for any clean-up responsibility imposed upon Landlord under any federal, state or local law, ordinance, rule or regulation now or hereafter in effect, with respect to any "hazardous waste" or "hazardous substance" (as those terms are defined in RCRA and CERCLA, and any rules and regulations now or hereafter promulgated thereunder), or any pollutant, or other contaminant on, in, from or about the Premises or the Shopping Center or any portion or portions thereof, which release or threatened release arises out of or is in any manner related to Tenant's use or occupancy of the Premises. BINDING EFFECT Section.42. The provisions of this Lease shall b:_nd and inure to the benefit of Landlord and Tenant, and their respective successors, legal representatives and permitted assigns, subject to the provisions of Section 17 hereinabove. Tenant shall be bound by any succeeding party of Landlord for all the terms, covenants and conditions hereof, provided that such succeeding party complies with its obligations as Landlord hereunder. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands this ,T'da,/ of September, 2010, as to Landlord, and this day of September, 2010, as to Tenant. LANDLORD: Attest: By: Ao 0 Witness HAMPD N CENTER, I By: Its: Vice President TENANT: l JAN NL. ANDERSON 25 DISCLOSURE FOR CONFESSION OF JUDGMENT I am executing, this d day of September, 2010, an Agreement of Lease ("Agreement") obligating me to pay amounts under the Agreement. I understand that the Agreement contains a Confession of Judgment provision that would permit Landlord to enter judgment against me in Court, after a default on the Agreement, without advance notice to me and without offering me an opportunity to defend against the entry of judgment. In executing the Agreement, being fully aware of my right to advance notice and to a hearing to contest the validity of any judgment or other claims that Landlord may assert against me under the Agreement, I am knowingly, intelligently, and voluntarily waiving these rights, including any right to advance notice of the entry of judgment, and I expressly agree and consent to Landlord's entering judgment against me by confession as provided for in the Confession of Judgment provision. I further understand that in addition to giving Landlord the right to enter judgment against me without advance notice or a hearing, the Confession of Judgment provision in the Agreement also contains language that would permit Landlord, after entry of judgment, again without either advance notice or a hearing, to execute on the judgment by foreclosing upon, attaching, levying on, taking possession of or otherwise seizing my property, in full or partial payment of judgment. In executing the Agreement, being fully aware of my rights to advance notice and a hearing after judgment is entered and before executing on the judgment, I am knowingly, intelligently and voluntarily waiving these rights, and I expressly agree and consent to Landlord's immediately executing on the judgment in any manner permitted by applicable state and federal law, without giving me any advance notice. After having read and determined which of the following statements are applicable, I represent that: I was represented by my own independent legal counsel in connection with the Agreement; and/or A representative of Landlord specifically called the Confession of Judgment provision in the Agreement to my attention. I certify that my annual income exceeds $10,000; that the blanks in this Disclosure were filled in when I signed it; and that I received a copy at the time of signing. This disclosure is given under seal and it is intended that this Disclosure is and shall constitute and have the effect of a sealed instrument according to law. TENANT: Witness JANI??/ NDERSON (-/ 26 EXHIBIT "A" ALL that certain lot or tract of land situate in Hampden Township, Cumberland County, Pennsylvania more fully bounded and described as follows, to wit: BEGINNING at an iron pin (found) on the southern right-of-way line of the Carlisle Pike (S.R. 1010, 50 R.O.W.) and the line of lands N/F of William C. Rowland, Jr. thence proceeding in a generally southern direction South 05 .degrees, 45 minutes, 59 seconds East 1173.92 feet to a point on the northern right-of-way line of S.R. 0011 (120 R.O.W.); thence along said right-of-way line North 83 degrees, 59 minutes, 24 seconds West 546.43 to an iron pin (found); thence by same on a curve to the right having a radius of 3079.36 feet and an arc length of 1237.06 feet to a point on the western right-of-way line of Sporting Hill Road (S.R. 1013, 40 R.O.W.); thence along said right-of-way line North 05 degrees, 30 minutes, 45 seconds West 221.48 feet to a point; thence by lands N/F of David R. Miller North 83 degrees, 04 minutes, 02 seconds East 121.68 feet to an iron pin (found) ; thence by lands N/F of D.E.S. Associates and Universal Restaurants, Inc. North 86 degrees, 33 minutes, 17 seconds East 441.20 feet to an iron pin (found); thence by lands of.Universal Restaurants, Inc. North 03 degrees, 14 minutes, 44 seconds West 415.86 feet to a point on the southern right-of-way line of the Carlisle Pike (S.R. 1010, 50 R.O.W.); thence by said right-of-way line North 86 degrees, 36 minutes, 37 seconds East 1082.77 feet to an iron pin (found) being the point and place of BEGINNING. Containing 31.963 Acres A-1 EXHIBIT "B" - DESCRIPTION OF PREMISES Tltie boundaries and location of the Premises, utilities, paved ingress, egress, etc., as shown on this site plan sets forth the general layout of the shopping center and shall not be a warranty or representation or agreement on the part of Landlord that said shopping center will be exactly as indicated on this site plan. (VIOL I as) Oa lull `JNlluoil5 rr¢ ft- Z Z H•.' n I ? i b In p ? O • ? o quM 8 TTTTr W y ga Qllllllllfl 011111 ?. ?TNIIHIIIIo olll,l nTrnrrnTn 1 1 0111111111111111111110 = ___ `'? ???? ` IT17-11 11-11110 "in _ _ __ 1111111111 Illlillll? ?? j1 T(TTT1tnTIMTIITmnTTrfTn] 0titiltilti? _ f-I 0451Stltilttittiltl`N`11111ti11111t1}ti11L11111tPtrtO 011111110 ;;, Dilltlltiltitill?Illi411111?111'11110 lWlllliL - Sy = QIlllluuuuWjLJULUUwu9 T1rnr ?----- _ Ollll?l?'i?ll?lll'?Itititi?1'?titi'?0 0111111 , rltr I I I OIIIIINIINIiIIIlNIIIIIIIIIIIIQ DIIIIII-? DIIIIIIIIMIIIIillllllllllllNllO 0111111 1 ROSS R-m c O'WI?Ill ?O JllW RTrTrI'? I;? 11111111111.I.I1111111 I I LLI UJl I I It 1111.11111111 t {1 n a n sla U R - z _ Lll11 u a B-1 EXHIBIT "C" LANDLORD'S WORK PREMISES WILL BE DELIVERED IN AN "AS IS" CONDITION. C-1 EXHIBIT "D" TENANT'S WORK WORK BY TENANT A. GENERAL REQUIREMENTS: APPROVALS: The Tenant shall submit to the Landlord and obtain full approval of all plans, specifications and work including all roof openings, signs, etc. Any damage done by Tenant shall be paid for by the Tenant. Landlord must approve any and all materials, equipment and fixtures which become a permanent part of the structure. Tenant shall -furnish Landlord with a list of all contractors Tenant intends to use to work in his premises. Landlord reserves the right to approve or disapprove of any and all of Tenant's contractors. All contractors engaged by Tenant as permitted by Landlord shall be bondable, license contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord's and other tenants' contractors on the job. All work shall be coordinated with the general project work. The design of all work and installation undertaken by Tenant shall be approved by the Landlord. All work undertaken shall be at the Tenant's expense and shall not damage or weaken the structural strength of the building or any part thereof, and shall be done in a first-class workmanlike manner and in accord with all applicable Federal, State, County and local municipal statutes, ordinances, regulations, laws and codes. All tenant construction shall be non-combustible, and no combustible materials of any nature will be permitted above the finished ceiling. PLANS: The Tenant shall deliver to the Landlord within twenty'(20) days after the execution of this Lease, its plans and specifications for work within the leased space. PERMITS, INSPECTIONS, FEES, ET'C All work installed by Tenant shall be coordinated with and completed so as not to interfere with Landlord's construction schedule nor any other tenant's activities. Tenant shall secure and pay for any necessary building permits, inspections and fees. Prior to start of work, Tenant shall forward a copy of all required permits to the Landlord. STOREFRONTS: ' Should Tenant desire an individualized storefront other than Landlord's standard, the additional cost of designing and constructing same shall be done at the Tenant's expense. The following criteria shall apply for same. a. Materials, designs and color selections shall be subject to the prior approval of Landlord and Landlord's architect. b. No portion of the storefront may protrude beyond the front line of the leased premises nor encroach in any manner into the covered sidewalk. D-1 c. No unfinished wall area will be permitted on the storefront. d. Storefront material shall be selected for durability and freedom from maintenance. e. Temporary storefront: If a Tenant's work is not completed within the time required by this Lease (or, in any event, is not completed on the grand opening date), Landlord may, at Tenant's expense, instal=_ a temporary storefront or barricade. 3. INSURANCES: Tenant shall secure, pay for and maintain, or cause its contractors) to secure, pay for and maintain, as the case may be, during the continuance of construction and fixturing work within the leased premises, Workman Compensation Employers Liability Insurance; Comprehensive General Liability Insurance (including Contractors Protective Liability); Owner's Protective Liability Insurance, insuring Tenant against any and all liability to third parties for damage due to bodily injury and property damage liability; and Tenant's Builder's Risk Insurance; and statutory Automobile Insurance. All of the foregoing insurance policies shall be with an insurance company approved by Landlord and the insurance limits contained therein shall be acceptable to Landlord. In addition, the aforesaid Tenant's insurance policies shall name Landlord, its Lender, its Architect and its General Contractor as an additional insured and Tenant's contractor shall deliver necessary evidence of all of the foregoing policies to Landlord. NO WORK SHALL BEGIN UNTIL ALL INSURANCE CERTIFICATES ARE IN POSSESSION OF LANDLORD. DELIVERIES: Each tenant shall be responsible for the cost of delivery and arranging all receipt and unloading of all materials and equipment pertaining to his work. 5. CLEANING OF PREMISES: The Tenant shall, at all times, keep the premises free from accumulations of waste materials and/or rubbish caused by his employees, workers, or contractors. Tenant shall maintain the premises in a clean and orderly condition during construction and merchandising. Tenant shall promptly remove all unused construction materials, equipment, shipping containers, packaging, debris, and flammable waste from the Shopping Center. Tenant shall contain all construction materials, equipment, fixtures, merchandise, shipping containers and debris within the premises. The common exterior areas of the Shopping Center shall be clear of Tenant's equipment, merchandise, fixtures, refuse and debris at all times. Trash storage within the premises shall be confined to covered metal contains. Tenant is responsible for the removal of all trash and debris from Tenant's premises. 6. CERTIFICATE OF OCCUPANCY: The Tenant shall secure a Certificate of Occupancy from the jurisdictional authorities in sufficient time to allow Tenant to open the premises in accordance with the opening requirements of this Lease. A copy of the Certificate of occupancy shall be forwarded D-2 to the Landlord VIOLATIONS: In the event the Tenant is notified of any violations of codes, ordinance regulations, requirements or guidelines either by the jurisdictional authorities or by the Landlord, Tenant shall, at its expense, correct such violations within seven (7) calendar days after such notification. ROOF OPENINGS: Any roof opening required by the Tenant will be performed by Landlord's roofing contractor at the Tenant's expense. Such openings will include supporting structures, angles, curbs, flashings, ducts, vents and grilles. Landlord may refuse to approve any openings which, in Landlord's judgement, exceed the capability of the structural system. LIENS: Tenant shall not permit any mechanic's liens to attach to the leased premises or the Shopping Center development in which the premises are located on account of any labor or materials furnished or supplied to the demised premises in connection with Tenant's Work. In the event that such a lien is attached, Tenant shall forthwith cause the same to be discharged or in lieu thereof furnish a bond for the benefit of Landlord issued by a duly licensed surety company authorized to do business in the state the project is located, which by its terms indemnifies and holds the Landlord harmless from the effects of such lien. In addition, Tenant shall provide Landlord with final waivers of lien, materialman certificates, affidavits and sworn statements Erom all tenant's contractors and suppliers within thirty days of completion of work. 10. LANDLORD'S RIGHT OF ACCESS TO PREMISES: Landlord, Landlord's agent, an independent contractor, or an authorized utility company, as the case may be, shall have the right, subject to Landlord's written approval, to run utility lines, conduits or duct work, where necessary or desirable, through ceiling space, column space or other parts of the demised premises and to repair, alter, replace or remove the same, all in a manner which does not interfere unnecessarily with Tenant's use thereof. GENERAL WORK: The Tenant will furnish and install the following items of work at its sole cost and expense: 1. Interior partitions within the leased areas, except for the toilet room walls. 2. Floor coverings. 3. Interior finishing of wall surfaces including priming, painting, staining and wall coverings. 4. Display window backs, display window floor, display window ceilings, and display window lighting fixtures and power for the same. 5. Install ceiling tiles. 6. PLUMBING WORK: Any plumbing facilities in excess of that provided by the Landlord, such as increase in size of service, drinking fountains, additional toilet facilities, janitor's sink, hose D-3 bibbs, lab sinks, special fixturing and outlets, will be provided, installed and connected at Tenant's expense. Tenant will also pay for any increases in water and sewer capital charges or any other related charges imposed by the municipality or Landlord above the municipality's or Landlord's standard charge for a retail store due to the Tenant's use of the premises, :i.e. restaurants, beauty salon, etc. Tenant will provide fire extinguishers as required by building code and insurance underwriters. HEATING, VENTILATING AND AIR CONDITIONING: Added capacities to roof top HVAC units, if necessary, shall be furnished and installed by the Tenant. SPRINKLER WORK: Cost of additional pipe and heads required as a result of interior store partitions, mezzanine areas, unusual use of premises or tenant fixtures will be charged to Tenant. ELECTRICAL WORK: Tenant shall furnish, install and pay for all electrical work other than items furnished by Landlord, including but not limited to: a. Increased size of incoming electrical service and panel. b. Telephone and communication system. C. Burglar alarms and/or warning systems. d. Emergency generator. e. Tenant's store signs and controlling time clocks. f. High voltage outlets. g. Floor outlets. h. Music systems. i. Additional exit signs and emergency lighting units necessitated by Tenant's fixtures and interior partitions. 10. MISCELLANEOUS WORK: a. All trade fixtures, cabinets, shelving, counters, appliances, furniture, furnishings, etc., signs (interior and exterior) and other personal property shall be new and of first quality and shall be furnished. and installed by Tenant. b. Toilet paper holders, soap dispensers, mirrors, shelves, towel dispensers, etc. shall be provided by the Tenant. C. Tenant at his expense shall sound insulate, to extent required by the nature of its business, the demising walls so as not to permit sound to emanate outside the premises. 11. SIGNS: The Tenant shall furnish, install and connect identification signs at locations provided at canopy fascia at Tenant's expense. Canopy fascia sign design, lighting and sign copy color shall be subject to Landlord's approval. Canopy signs shall be in conformance with the detailed sign criteria, as prepared by Landlord's Architect. Prior to fabrication, sign plans and specifications must be submitted for Landlord's approval. D-4 EXHIBIT "E" RULES AND REGULATIONS Landlord reserves the right to change from time to time the format of the signs or lettering on the signs, and to require replacement of any signs previously approved pursuant to Section 16 to conform to Landlord's new standard sign criteria established pursuant to any remodeling of the Shopping Center. Tenant shall not, without the prior written consent of Landlord (i) paint, decorate or make any changes to the store front of the Premises; or (ii) install any exterior lighting, awning or protrusions, signs, advertising matter, decoration or painting visible from the exterior of the Premises or any coverings on exterior windows and doors, excepting only dignified displays of customary type in store windows. If Landlord objects in writing to any of the foregoing, Tenant shall immediately discontinue such use. Tenant shall not (i) conduct or permit any fire, bankruptcy or auction sale (whether real or fictitious) unless directed by order of a court of competent jurisdiction, or conduct or permit any legitimate or fictitious "Going Out of Business" sale nor represent or advertise that it regularly or customarily sells merchandise at "manufacturer's", "distributor's" or "wholesale" "warehouse", or similar prices or other than at "offprice" or at "retail" prices; (ii) use, or permit to be used, the malls or sidewalks adjacent to such Premises, or any other area outside the Premises for solicitation or for the sale or display of any merchandise or for any other business,, occupation or undertaking, or for outdoor public meetings, circus or other entertainment (except for promotional activities in cooperation with the management of the Shopping Center or an association of merchants within the Shopping Center); (iii) use or permit to be used any sound broadcasting or amplifying device which can be heard outside of the Premises or any flickering lights; (iv) operate or cause to be operated any video games or transportation devices; or (v) use or permit to be used any portion of the Premises for any unlawful purpose or use or permit the use of any portion of the Premises as regular living quarters, sleeping apartments or lodging rooms or for the conduct of any manufacturing business. 4. Tenant shall at all times keep the Premises at a temperature sufficiently high to prevent freezing of water pipes and fixtures. Tenant shall not, nor shall Tenant at any time, permit any occupant of the Premises to: (i) use, operate or maintain the Premises in such manner that any rates for any insurance carried by Landlord, or the occupant of any premises within the Shopping Center, shall thereby be increased; or (ii) commit waste, perform any acts or carry on any practices which may injure the Shopping Center or be a nuisance or menace to other tenants in the S:nopping Center. 5. Tenant shall not obstruct any sidewalks, passages, exits, entrances, truck ways, loading docks, package pick-up stations, pedestrian sidewalk and ramps, first aid and comfort stations, or stairways of the Shopping Center. No tenant and no employee or invitee of any tenant shall go upon the roof of the Shopping Center without notifying the Landlord. 6. Landlord will furnish Tenant free of charge with two keys to each door lock in the Premises. Landlord may make a reasonable charge for any additional keys. Tenant, upon the termination of its tenancy, shall deliver to Landlord the keys of all doors which have been furnished to Tenant, and in the event of loss of any keys so furnished, shall pay Landlord therefor. E-1 If Tenant requires telegraphic, telephonic, burglar alarm or similar services, it shall first obtain and comply with Landlord's instructions in their installation. Tenant shall not place a load upon any floor which exceeds the designed load per square foot or the :load permitted by law. Landlord shall have the right to prescribe the weight, size and position of all equipment, materials, furniture or other property brought into the Premises. Heavy objects shall stand on such platforms as determined by Landlord to be necessary to properly distribute the weight. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of Tenant's store or to any other space to such a degree as to be objectionable to Landlord or to any tenants shall be placed and maintained by Tenant, at Tenant's expense, on vibration eliminators or other similar devices. The persons employed to move equipment in or out of Tenant's store must be acceptable to Landlord. Landlord will not be responsible for loss of, or damage to, any equipment or other property from any cause, and all damage done to the Shopping Center by maintaining or moving such equipment or other property shall be repaired at the expense of Tenant. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed. No foreign substance of any kind whatsoever shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the tenant who, or whose employees or invitees, shall have caused it. 10. Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of Tenant's store. Tenant shall not interfere with radio or television broadcasting or reception from o:, in the Shopping Center or elsewhere. 11. Except as approved by Landlord, Tenant shall riot damage partitions, woodwork or plaster or in any way deface the Premises. Tenant shall not cut or bore holes for wires. Tenant shall not affix any floor covering to the floor of the Premises in any manner except as approved by Landlord. Tenant shall repair any damage resulting from noncompliance with this rule. 12. Tenant shall not install, maintain or operate upon the Premises or in any Common Areas under the exclusive control of Tenant any vending machine or video game without Landlord's prior written consent. 13. Tenant shall store all its trash and garbage in containers within its Premises and/or in the portion of the Common Areas designated by Landlord. Tenant shall not place in any trash box or receptacle any material which cannot be disposed of in the ordinary and customary manner of trash and garbage disposal. All garbage and refuse disposal shall be made in accordance with directions issued from time to time by Landlord. 14. No cooking shall be done or permitted by Tenant on the Premises without Landlord's prior written consent, except for brewing coffee and similar beverages and use of a single microwave oven by employees only and in any event will not permit odors to emanate from the Premises provided that such use is in accordance with all applicable federal, state and city laws, codes, ordinances, rules and regulations. 15. Tenant shall not use in any space any hand trucks except those equipped with rubber tires and side guards or such other material-handling equipment as Landlord may approve. E-2 Tenant shall not bring any other vehicles of any kind into Tenant's store. 16. Employees of Landlord shall not perform any work or do anything outside of their regular duties unless under special instructions from Landlord. 17. All loading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by Landlord. The delivery or shipping of merchandise, supplies and fixtures to and from the leased premises shall be subject to such rules and regulations as in the judgment of the Landlord, are necessary for the proper operation of the leased premises or the Shopping Center. 18. Tenant, Tenant's employees and Tenant's customers shall park their vehicles only in such areas of the parking area designated for those purposes by the Landlord from time to time. Tenant shall furnish Landlord with state automobile license numbers assigned to Tenant's employees within five (5) days after taking possession of the premises and shall thereafter notify the Landlord of any changes within five (5) days after changes occur. In the event that the Tenant or its employees fail to park their cars in designated parking areas as aforesaid, then the landlord, at its option, shall charge the Tenant Ten Dollars ($10.00) per day or partial day per car parked in any area other than that designated. 19. Landlord may waive any one or more of these Rules and Regulations for the benefit of any particular tenant or tenants, but no such waiver by Landlord shall be construed as a waiver of such Rules and Regulations in favor of any other tenant or tenants, nor prevent Landlord from thereafter enforcing any such Rules and Regulations against any or all of the tenants of the Shopping Center. 20. These Rules and Regulations are in addition to, and shall not be construed to in any way modify or amend, in whole or in part, the terms, covenants, agreements and conditions of any lease of premises in the Shopping Center. 21. Tenant shall be responsible for the observance of all of the foregoing rules by Tenant's employees, agents, clients, customers, invitees and guests. 22. Tenant shall use, at Tenant's cost, such pest extermination contractor as Landlord may direct and at such intervals as Landlord may require. 23. Trailers or trucks shall not be permitted to remain parked overnight in any area of the Shopping Center, whether loaded, unloaded or partially loaded. No parking shall be permitted of any trailer, truck or other vehicle in any area of the Shopping Center at any time for purposes of advertising or promotion without Landlord's written permission. Tenant agrees to comply with all additional and supplemental rules and regulations upon notice of same from the Landlord. E-3 EXHIBIT "F" TENANT SIGN CRITERIA GENERAL: This exhibit outlines the tenant sign criteria for the Shopping Center. It is drafted as a guide to provide a consistent graphic technique and may be amended or altered only with the written consent of Landlord. Tenants will be required to submit detailed and dimensioned drawings indicating graphic content, colors, script, construction and fastening details and electrical requirements to Landlord for review and approval prior to fabrication and installation of any signs. A. The advertising content of all signs shall be limited to letters designating the store name, or the type of store. Tenants will not be permitted to indicate specific merchandise sold (i.e. brand names, etc.), specific services rendered (i.e., "free gift wrapping" etc.), or indicate any advertising slogans (i.e., "The We Care People", etc.). B. Crests and corporate shield designs may be permitted, but, must be submitted to the Landlord for approval for compatibility of design intent with the sign criteria. C. The location, character, design, color and layout of all signs shall be subject to the approval of the landlord. Proper consideration will be given to signs used by occupants for the same or similar retail operations elsewhere. D. No sign shall be placed in final position without written approval of the Landlord. E. All signs are to be fabricated and installed by a licensed sign installer and shall be in compliance with all local, state and national codes governing sign installation and shall bear a U.L. label. F. Tenant may install one identity sign on its service door with maximum 2" high letters. Identity sign shall list place of business as indicated on the tenant sign located on the sign band and shall be "Helvetica Medium" all capital letters. G. If any or all of the sign standard limitations as described herein are found to be invalid under local sign and/or zoning ordinances, regulations. or law, to the extent that such limitations and restrictions, or any other ordinances, regulations or law, is invalid as described, then the Landlord may modify said limitations or restrictions to comply with such local ordinance, regulation or law. In no event shall the invalidity of any one of the limitations or restrictions be deemed to invalidate the sign standard scheme as outlined. SIGN REQUIREMENTS: A. All signage shall not exceed 60% of storefront length (see attached Elevation Drawing - Appendix A). B. Maximum sign height is 36". C. No sign shall exceed maximum brightness of 100 foot lamberts. D. No fluorescent tubing, incandescent lamps, ballast boxes, electrical transformers, crossovers, conduit: or sign cabinets shall be permitted. E. No flashing, moving, flickering, or blinking illumination shall be permitted. F. No animation, moving lights, or floodlight illumination shall be permitted. F-I G. The name and/or stamp of the sign contractor or sign company, or both, shall not be exposed to view. H. Signs, symbols, and/or trademarks must have a preliminary approval by Landlord before shop drawings are executed. I. One sign, or other graphic treatment, is allowed per storefront elevation. Stores with two storefront elevations may have a second sign with the written approval of the Landlord. Such second signs should maintain the same sign message, graphic technique and design intent as the first sign. J. Signing is limited to trading name or logo only. K. All signing must occur on the sign band unless otherwise approved. L. Color of raceway must match sign band color. PROHIBITED SIGNS: A. Paper signs, cardboard and hanging signs and/or stickers utilized as signs. B. Signs of a temporary character or purpose, irrespective of the composition of the sign or material used therefor. C. Moving signs. D. Pictures or paintings. E. Box type signs or signs with formed plastic letters. F. Advertising devices, slogans, merchandise or several listings. G. Moving or rotating objects. H. Back illuminated signs, "halo" effect letters. 1. Moving or flashing lights. J. Painted on or luminous letters. K. Cloth, wood, paper or cardboard. L. Free standing signs or sandwich boards. M. Noise making devices. N. Boxes, cabinets, frames, transparent or translucent panels. 0. Rooftop signs or banners, except for those beneath canopy, as approved by the Landlord. P. Names of designer, manufacturer or installer. Q. Any other signs, graphics or components which the Landlord determines to distract from the overall center theme. R. Individual dimensional wood, metal or plastic letters. S. Formed plastic or injected molded plastic signs. T. Projecting signs and banners. U. Exposed neon tubing. ILLUMINATED SIGNS: F-2 A. All sign band identification signs to be internally channeled letters with opaque metal sides and translucent acrylic face. Letters shall be no more than 6" in depth and not less than 6" high, with concealed- ballasts. Letters must be installed on a raceway. The color of the raceway must match the sign band/facade. B. Exposed neon tubes forming letters or logos shall be used only in decorative fashion and shall be allowed at the discretion of the Landlord on an individual basis. SIGN SPECIFICATIONS: These specifications are meant to serve as performance standards for tenant signage at the Shopping Center. Wall mounted, internally illuminated sign: Custom fabricated aluminum plastic face, interior neon illumination, and individual letters. Depth of letters: Overall sign depth is 611. Plastic face: As selected from stock colors connected to letters by continuous aluminum retainer. Retainer ring size to be 3/8" x 1/2". Letter stroke: Minimum 3". Typography: All standard letter styles are permitted per attached sheet (see "Letter Styles" - Appendix "B"). Color: Permitted colors for illuminated signs are as follows: 1. Lettering to be standard colors as approved by Landlord. 2. Aluminum frames to match lettering color as approved by Landlord. Illumination: By two (2) neon tubes with standard ratings of 118 volts. F-3 EXHIBIT "B" HAMPDEN CENTER, INC. 444 PARK AVENUE SOUTH, SUITE 302 NEW YORK, NEW YORK 10016 TEL(212)545-1910 FAX (212) 545-1930 December 9, 2010 VIA OVERNIGHT MAIL Ms. Janie M. Anderson 31 Wolf Bridge Road Carlisle, PA17013 RE: Puppy Dawgs 4910 Carlisle Pike, Units B3 - B5 Mechanicsburg, PA 17050 Dear Tenant: In connection with the Agreement of Lease dated September 27, 2010 ("Lease") by and between Hampden Center, Inc., as Landlord, and you as Tenant, this letter serves as formal notice that you are in default of said Lease for failure to submit proof of liability insurance and for the non-payment of the following: TOTAL: This amount consists of November CAM, Insurance, RE Taxes, Annual Promo Fee and utility charges totaling $2,674.17. Additionally, $5,654.26 for December Rent, Insurance, R.E. Taxes and utilities is now past due. Unless full payment is received within ten (10) days of the date of this letter, Landlord may pursue all rights and remedies available to it pursuant to the terms and conditions of the Lease. Without limiting the remedies available to Landlord, you may be evicted; you may be liable for all rent through the balance of the term; and you may be responsible for the Landlord's attorney's fees. Nothing in this letter shall be construed as a waiver of any right or remedy available to the Landlord under the Lease, at law or at equity. Sincerely, ?0-4? K.C. Fisher-Behr Lease Administrator CC: Stephen C. Nudel, Esq. LAW OFFICES STEPHEN C. NUDEL, PC 219 Pine Street Harrisburg, Pennsylvania 17101 (717) 236-5000 FAX (717) 236-5080 STEPHEN C.NUDEL JOSEPH A. RICCI VIA OVERNIGHT COURIER January 6, 2011 Ms. Janie M. Anderson 31 Wolf Bridge Road Carlisle, PA 17013 Re: Hampden Centre Hampden Center, Inc. to Janie M. Anderson Dear Ms. Anderson: This firm represents Hampden Center, Inc. who is the Landlord regarding the above referenced Lease. You are in default of the terms and conditions of the Agreement of Lease dated September 27, 2010, by and between Hampden Center, Inc. as Landlord and you as Tenant. You are in default for failing to remit rent, common area maintenance charges, taxes, insurance, late charges, and electric charges in the amount of $15,538.25. In addition, you are liable for Landlord's attorneys fees and costs of litigation which will include court costs if this matter is not resolved. Despite your assurances to the contrary, you have not taken the appropriate action to transfer the electric utility to your name, have not commenced the construction of tenant's improvements, and have not opened for business. The Landlord has made repeated attempts to reach you and to assist you in construction and to assist to enable you to open for business. Incredibly, you have failed to respond to Landlord's emails and calls. Ignoring them only exacerbates the situation. Unless full payment is received by my client within ten (10) days of the date of this letter, pursuant to the terms and conditions of the Lease, my client will pursue all rights and remedies available to it. Without limiting the remedies available to my client, you will be evicted, you will be liable for all rent through the balance of the term, and you will be responsible for the Landlord's attorneys fees. Nothing in this letter shall be construed as a waiver of any right or remedy available to my client under the Lease, at law or at equity. SCN/jlm cc: Mr. David F. Lavipour Ms. Janie M. Anderson at Puppy Dawgs, Hampden Centre LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. I I - `] 16 C-N :1 JANIE ANDERSON, individually and t/d/b/a PUPPY DAWGS, CIVIL ACTION -LAW Defendant CONFESSION OF JUDGMENT FOR MONEY AND POSSESSION CERTIFICATION OF ADDRESS I hereby certify that the following is the address of Plaintiff, Hampden Center, Inc.: 444 Park Avenue South, Suite 302, New York, New York 10016. I hereby certify that the following is the address of Defendant, JANIE ANDERSON: 31 Wolf Bridge Road, Carlisle, Pennsylvania 17013. LAW OFFICES STEPHEN C. NUDEL, PC Date: I ( 1-1 11 C. Nu 1, Esquire ,ID #41103 Josep1-Pae ,, Esqui Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., Plaintiff V. IN THE COURT OIL COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. //_ -w d C ,\,,-l ANDERSON, individually and t/d/b/a PUPPY DAWGS, CIVIL ACTION -LAW Defendant CONFESSION OF JUDGMENT FOR MONEY AND POSSESSION NOTICE OF JUDGMENT BY CONFESSION PURSUANT TO PA.R.C.P. 236 To: JANIE ANDERSON, Defendant You are hereby notified that on January a) q, 2011, the following judgment was entered against you in the above captioned case. Judgment by Confession in the amount $76,057.70 Date: I -2?q -[I Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: I ILI I J/ LAW OFFICES STEPHEN C. NUDEL, PC Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JANIE ANDERSON, individually and t/d/b/a PUPPY DAWGS, CIVIL ACTION -LAW Defendant CONFESSION OF JUDGMENT FOR MONEY AND POSSESSION NOTICE OF JUDGMENT BY CONFESSION PURSUANT TO PA.R.C.P. 236 To: JANIE ANDERSON, Defendant ?, 2011 the following judgment was entered You are hereby notified that on January against you in the above captioned case. Judgment by Confession for Possession of property located at 4910 Carlisle Pike, Mechanicsburg, PA 17050. Date: ?- Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: ( I `1 > ii LAW OFFICES STEPHEN C. NUDEL, PC A. Ric Esquire ,v ID #4 03 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., Plaintiff V. JANIE ANDERSON, individually and t/d/b/a PUPPY DAWGS, Defendant _i L IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2011- 710 CIVIL ACTION -LAW CONFESSION OF JUDGMENT FOR MONEY AND POSSESSION AFFIDAVIT OF SERVICE AND NOW COMES, Joseph A. Ricci, Esquire, counsel for the Plaintiff, and hereby swears and affirms that service upon the following parties was made in accordance with Pa.R.C.P. 2958. 1, Pa.R.C.P. 2973.2 and Pa.R.C.P. 403 as follows: 1. Janie Anderson was served with the Notices required by Pa.R.C.P. 2964 and Pa.R.C.P. 2974.2 by Certified United States Mail on February 2, 2011. See letter and the attached return receipt signed by J. Anderson attached hereto as Exhibit "A." 2. Service upon Janie Anderson was in conformity with the requirements of Pa.R.C.P. 2958.1 and Pa.R.C.P. 2973.2. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC S ten C. el, Esquire A neyID 703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff VERIFICATION I, hereby verify that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: / seph A. ci l EXHIBIT "A" LAW OFFICES STEPHEN C. NUDEL, PC 219 Pine Street Harrisburg, Pennsylvania 17101 (717) 236-5000 FAX (717) 236-5080 STEPHEN C. NUDEL JOSEPH A. RICCI VIA CERTIFIED MAIL. RETURN RECEIPT REQUESTED. January 31, 2011 Ms. Janie Anderson 31 Wolf Bridge Road Carlisle, PA 17013 Re: Hampden Center, Inc. v. Janie Anderson No. 2011 - 710 Dear Ms. Anderson: Enclosed please find copies of the Notices of Defendant's Rights pursuant to Pa.R.C.P. 2958.1 and Pa.R.C.P. 2973.2 as required by the Pennsylvania Rules of Civil Procedure. Very truly yours, Joseph JAR/jmr Enc. • Complete items 1°2, ends. Aiso compiete item 4 if Restricted DeBvery Is desired: ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiiplece, or on the front If space permits. 1. Article Addressed to: MS. JANIE ANDERSON 31 WOLF BRIDGE ROAD CARLISLE, PA 17013 A Signature X ? Agent 13 Addressee E3. by (,Printed /Yams) C. late of Delivery 66W er"7 D. Is delhrery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Type Cartifled Mail ? Express Mail ? Registered 9(6um Receipt *Wem6aaalt:e ? insured mail ? C.O.D. 4. Restricted Delhrery? (Extra Fee) ? Yes 2. 49 Number 7007 3020 0002 0730 0238 (Tnvrsler >'o??? serWce i PS Form 381 1, February 2004 Domestic Return Receipt 102595-0244-1540 a CERTIRED MAIL REC EIPT CO m (Domestic (U C3 m I`- O Postage $ f11 Certified Fee 2 00 O O C3 Return Receipt Fee (Endorsement Required) 2.30 Postmark Here O O Restricted Delivery Fee (Endorsement Required) "' O Total Postage & Fees $ 5.7/ M [l-- io Tnt o n f i o : Box JJo. 31 . ..(?r d -------- - - - - -- - -------------------- ----------------------- .p 1? q City St a t e , Z l R+4 CQrIisl-e a13 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Ms. Janie Anderson 31 Wolf Bridge Road Carlisle, PA 17013 Date: 3 l? , J seph A. Ric squire LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 HAMPDEN CENTER, INC., Plaintiff V. JANIE ANDERSON, individually and ?71 1 1. t r r- -, ? t 4- q J ? I VT R rT A.6: l.J / tie- U-19 7#0 ' D ;7 R4?4r r} r ? , ,, i? ?h b ?,?. S o cgF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA $ ) ?? Pd 4I NO. 2011 - 710 t/d/b/a PUPPY DAWGS, CIVIL ACTION -LAW Defendant CONFESSION OF JUDGMENT FOR MONEY AND POSSESSION PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT To the Prothonotary: Kindly issue a writ of possession upon the judgment in ejectment entered by confession in the above matter. The Plaintiff is Hampden Center, Inc., a Pennsylvania corporation, with a business address of 444 Park Avenue South, Suite 302, New York, New York 10016. The Defendant is JANIE ANDERSON, an adult individual with an address of 31 Wolf Bridge Road, Carlisle, Pennsylvania 17013 who individually and trading and doing business as Puppy Dawgs leased commercial space located at 4910 Carlisle Pike (Units B5 and 133) located in the Hampden Center Shopping Center, Mechanicsburg, Pennsylvania. Certification I certify that (a) This praecipe is based upon a judgment entered by confession, and (b) Notice pursuant to Rule 2973.2 has been served at least thirty days prior to the 6?. OU lac to. filing of this praecipe as evidenced by a return of service filed of record. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC ,Stephen Nudel, Esquire Attorney ID 1703 o . 'cci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Ms. Janie Anderson 31 Wolf Bridge Road Carlisle, PA 17013 Date: l r ?l 0 o4oseph" A,,Ricci, Esquire W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAMPDEN CENTER, INC. VS. No. 11-710 Civil Term_ JANIE ANDERSON, individually and t/d/b/a PUPPY DAWGS, Costs Attorney's $ 51.50 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) HAMPDEN CENTER, INC., 444 PARK AVENUE SOUTH, SUITE 302, NEW YORK, NEW YORK 10016 being: (Premises as follows): LEASED COMMERCIAL SPACE LOCATED AT 4910 CARLISLE PIKE (UNITS B5 AND 133) LOCATED IN THE HAMPDEN SHOPPING CENTER, MECHANICSBURG, PENNSYLVAINA - DOING BUSINESS AS PUPPY DAWGS (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. D. uell, Prothonotary, Common Pleas Court of Cumberland County, PA Date March 4, 2011 (Seal) 2of2 No 11-710 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAMPDEN CENTER, INC. VS. JANIE ANDERSON, individually and t/d/b/a PUPPY DAWGS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 51.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: STEPHEN C. NUDEL, ESQUIRE, LAW OFFICES STEPHEN C. NUDEL, PC, 219 PINE STREET, HARRISBURG, PA 17101 717-236-5000 Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Where papers may be served day of . I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy w. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA , CIVIL DIVISION t 1-7 PRAECIPE FOR WRIT OF EXECUTION HAMPDEN CENTER, INC., Q? Confessed Judgment :2: Plaintiff 0 Other 77 CO VS. File No. 2011 - 710 JANIE ANDERSON, individually andt/d/b/a PUPPY DAWGS, Amount Due $73,557.70 Defendant Interest $37.65 per day Address: Arty's Comm $2.500.00 31 Wolf Bridge Road Costs $298.00 Carlisle, PA 17013 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs, upon the following described property of the defendant (s) All property located within Commercial Spaces B5 and B3, Hampden Center, 4910 Carlisle Pike, Mechanicsburg, Pennsylvania, a business known as Puppy Dawgs. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). E] (hidicate) Index this writ against the garnishee (s) as a lis pendens amst real estate of the defendant( ) described in the attached exhibit. a- Date _j? Signature: Print Name: "ph A. iCCi, Esquire Address: 219 Pine Street etch e 73q 2? a s? o ? o S? oo pa any g 1, 8d PLLC Co Harrisburg, PA 17101 Attorney for: Plaintiff Telephone: (717) 236-5000 Supreme Court ID No: 49803 5 . SO T U- e ?- L CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Ms. Janie Anderson 31 Wolf Bridge Road Carlisle, PA 17013 Date: J eph A. cci, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N011-710 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HAMPDEN CENTER, INC. Plaintiff (s) From JANIE ANDERSON, INDIVIDUALLY AND T/DB/A PUPPY DAWGS, 31 WOLF BRIDGE ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PROPERTY LOCATED WITHIN COMMERCIAL SPACES B5 AND B3, HAMPDEN CENTER, 4910 CARLISLE PIKE, MECHANICSBURG, PENNSYLVANIA, A BUSINESS KNOWN AS PUPPY DAWGS.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$73,557.70 Interest $37.65 PER DAY Atty's Comm %$2,500.00 Atty Paid $53.75 Plaintiff Paid Date: March 4, 2011 L.L. $.50 Due Prothy $2.00 Other Costs$298.00 David D. Buell, Prot onotary (Sea]) REQUESTING PARTY: By: Deputy Name JOSEPH A. RICCI, ESQ. Address: LAW OFFICES STEPHEN C. NUDEL, PC, 219 PINE STREET, HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-236-5000 Supreme Court ID No. 49803 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY s K 0L , ??r! a ! I r _ 1r Hampden Center, Inc. Case Number vs. 2011-710 Janie Anderson (et al.) SHERIFF'S RETURN OF SERVICE 03/04/2011 By virtue of this writ, on the 4th day of March, 2011, Sheriff Ronny R. Anderson caused the within named Hampden Center, Inc., to have possession of the premises described as 4910 Carlisle Pike, Spaces B3 and B5, Mechanicsburg, PA 17055. March 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 0-0c) Pd '2.4 , COLT' YSJ(t' Sh.en±f. TBi°c5:7ft, ???;;. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson *;4 ~,~_~~,-~ ,~. Sheriff ~,, ~r,`'1~ Jody S Smith Chief Deputy ?~ ~ ~ ~~~~ -- ~ p~ ~: = h Richard W Stewart C~M~ RL%r~) CviJ~aT ~~ Solicitor P E h Pi S v E.',~A ~~ E t; Hampden Center, Inc. Case Number vs. Janie Anderson (et al.) 2011-710 SHERIFF'S RETURN OF SERVICE 03/04/2011 By virtue of this writ, on the 4th day of March, 2011, Sheriff Ronny R. Anderson caused the within named Hampden Center, Inc., to have possession of the premises described as 4910 Carlisle Pike, Spaces 63 and B5, Mechanicsburg, PA 17055. 03/04/2011 02:20 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 4, 2011 at 1420 hours, she served a true copy of the within writ of execution, upon the defendant, to wit: Janie Anderson, by making known unto Janie Anderson, Owner, at 4910 Carlisle Pike, Spaces B3 and 65, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 03-07-2011 03/04/2011 02:20 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 4, 2011 at 1420 hours, she served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Janie Anderson, by making known unto Janie Anderson, personally, at 4910 Carlisle Pike, Spaces B3 and B5, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the sarr~e. 03/04/2011 02:20 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 4, 2011 at 1420 hours, she served a true copy of the within writ of execution, upon the defendant, to wit: Puppy Dawgs, by making known unto Janie Anderson, Owner, at 4910 Carlisle Pike, Spaces B3 and B5. Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 03-07-2011 03/04/2011 02:<?0 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 4, 2011 at 1420 hours, she served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Puppy Dawgs, by making known unto Janie Anderson, owner, at 4910 Carlisle Pike, Spaces B3 and 65, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/25/2011 Sheriffs sale scheduled for Wednesday, April 27, 2011 at 3:00 p.m. 03/28/2011 05:!>6 PM -Sale bill posted on March 28, 2011 at 1756 hiours by Deputy Cobaugh. Sale date set for ~Nednesday, April 27, 2011 at 1500 hours. Copy of sale bill mailed to Attorney Ricci. 04/27/2011 Roriny R Anderson, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Janie Anderson, individually and T/D/B/A Puppy Dawgs, of 4910 Carlisle Pike, Spaces B5 and B3, Mechanicsburg, PA 17050 for the sum of $1.00, to Hampden Center, Inc., it being the highest bid and price quoted for the same. Date and Time of sale: Wednesday, April 27, 2011, 3:00 P.M.E.D.S.T., at 4910 Carlisle Pike, Spaces B5 and B3, Mechanicsburg, Cumberland County Pennsylvania 17050. 10/26!2012 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $173.68 October 26, 2012 SO ANSWERS, °"`.,` RONNY R ANDERSON, SHERIFF a . f~G' ,~d - C'o- . S2~ (~~-. ~, ~ . SHERIFF'S SALE By Virtue of a Writ of Execution No. 2011-710 Issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to me directed, I will expose the following described property at public sale at 4910 Carlisle Pike, Spaces B3 and B5, Hampden Township, on WEDNESDAY, APRIL 27, 2011 AT 3:00 O'CLOCK P.M. Prevailing Time, the following described property, to wit: 1 Uishwasher- Americana Misc. Shelving 5 Display Case 1 Floor Fan 1 Square Metal Table GE Refrigeratcr Pet Dishes Pet Water Bottles Food Dispensers Memorex Jukebox Neon Open Sign Wooden Stool 2 Metal Stools 1 Metal Shelf unit on wheels 1 Metal Table Stand Pet books display case unit 1 20-gallon aquariun-i Spare ceiling the 1 Sentry Safe 2 Wooden desks 1 Oki Printing Machine 1 Metal Chair 1 Shovel 1 Table 1 Plexwriter Machine 1 Magnavox Radio Charcoal Grill 1 Round Table with ~ Chairs 1 Coatrack 1 Stepladder 1 'L-Drawer Filing Cabinet 1 URECK Vacuum 1 Plastic Storage Una 1 Fire Extinguisher 1 Frigidaire Dishwasher 2 Challengair Fans-Dryers Box of Light Bulbs 1 Maytag Neptune V'Jasher Fish stones/pebbles 1 Wire Display Case 1 Stool 1 Uispiay Rack. for Dog Leashes Other Misc. Stuff 5 Fish Tanks 4 Desert 7UVB Light. bulbs 7 Kaytee Feeder Bins Staples Paper Shredder 8 Ft. Ladder 4 Pedestals 1 Terrarium Fish Tank Stand Freezer Bio Pore Hikari t;UMBERLAND COUNTY SHERIFF'S SALE -Case No. 2011-710 3 Boxes'of Office Paperwork J Petz !Jnlirriited Cardboard Box filled with Misc. Stuff 1 Shopping Cart: Filled with Misc. Collection of wood and rocks 1 Shopping Cart: Filled with Misc. Stuff 1 Shopping Cart: Filled with Misc. CordsNVires & Misc. Stuff 4 Ballymore Step Stools 3 Racks 1 Beta Fish Display and Sink 1 Stainless Steel Table 1 Black Basket Display Rack 1 Break Table 1 Clock 1 Ventilation System 2 Wooden Stands 1 White Holding Cage 1 First Aid Kit Misc. Track Pieces for Display Cases/Shelving 2 Office Chairs 1 Black Trash Can 16 Security Cameras Light MK 470 Tile Cutter 2 Canon Fax Machine 1 Portable B!ac;k Sink Display 1 CSPro Universal Copier 1 Petz Unlimited Cardboard Box with Misc. Paint Supplies 3 Extension Cords Fish Tank Hoods 3 Fish Nets Fish Tank Covers (small) 3 Fish Tank Covers (large) 4 f=ish Tank. Lights 1 Door Frame 2 Cat litter Box Holders 1 Fish Tank Lid 1 Grate 1 Screen Poles for Rack 1 Syphoning Pump System 2 GPS Locators 2 Bark Controls Legs for shelving units 3 Mop Handless Box of Bags 2 Crate Trays Piece of Plywood 1 Air pump 2 Large Fish Tank Lights Misc. Shelving Supplies-poles, shelves, cross bars, pegboard 2 Copper Pipes Plastic Shelf 1 Shopping Cart: Rocks, Sand, Cleaners, etc. 1 Shopping Cart: Rocks, plugs.. fish bags, fish bowls, etc. Box with light bulbs. swiffers, logs books for fish, anti-bark collar, & price tag gun 1 Shopping Cart: Rocks, Reptile bedding, etc. Trash Can FillE;d with Misc. Stuff wires, etc. Plexi Glass 6 Fish Tank lights Shopping Cart. Bowls, 3 Air pumps, light, stones, erc. Shopping Cart. Rocks, bucket, cat pan & other misc. stuff Shopping Cart Rocks, Silicone, etc. 8 White Bins Small fish Bovvl with fish food and stones Dog Feeder Cat bed, water bottles, bin Cat Doors Light Grate 2 Shopping Baskets with peg board Price Tag Item holders for shelves Blue Rubbermaid Small Tote Small White Holding cage with peg board price tag holders for shelves Page 2 of 3 `:.CJMBERLAND COUNTY SHERIFF'S SALE -Case No. 2011-710 and all other personal property of defendant(s). Page 3 of 3 Any person claiming any interest in said personal property shall file the same prior to the sale, with the Sheriff Office. A schedule of distribution will be filed in the Sheriffs Office no later than five (5) days after the date of the sale, and distribution made ten (10) days thereafter unless exceptions are filed with the Sheriffs Office prior thereto. Seized and taken into execution to be sold as the property of JANIE ANDERSON, PUPPY DAWGS in suit of HAMPDEN CENTER, INC. and to be sold by me. Attorney for the Plaintiff: Joseph A. Ricci RONNY R ANDERSON, Sheriff Harrisburg. PA CUMBERLAND COUNTY, Pennsylvania 1-Ialnpden Center, Inc. ~~s Janie Anderson, individually and T/D/B/A Puppy Dawgs 2t)1 1-71r) Ronny R. Anderson, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Janie Anderson, individually and T/DB/A Puppy Dawgs, of 4910 Carlisle Pike, Spaces BS and B3, Mechanicsburg, PA 17050 for the sum of $1.010, to Hampden Center, Inc., it being the highest bid and price quoted for the same. Date and Time of sale: Wednesday, April 27, 2'.Ol 1.3:00 P.M.E.D.S.T., at 4910 Carlisle Pike, Spaces BS and B3, Mechanicsburg, Cw~berland County Pennsylvania 17050. So Ans~r,,,;_. Ronn .Anderson, Sheriff ~ f ,!' i ~ , NOTARWL SEAL C, GtAUDIA A. BREWBAKER, NOTA~1~ Carlisle Boro, Cumberland Cq~ ,~ My Commission Expires April 4~; Sworn and Subscribed to before me this ~ .~' '~ ~`'~ ~ day of ~~ l! ~'Y2~~,~j 2012 A.D. ~ ,~ rt r ' ~,, ~ Notaa-y Public