HomeMy WebLinkAbout01-3166 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CROWN AMERICAN PROPERTIES, L.P., :
by Crown American Realty Trust, its Sole :
:
General Partner
Plaintiff, :
V.
_.
cyberXpo.com, Inc.,
Defendant. : Civil Action - Law
CONFESSION OF JUDGMENT UNDER RULE 2974
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 Plaintiff and against Defendant
for the possession of the real property described as follows: a specified location (kiosk)
in the Capital City Mail, 3506 Capital City Mall Drive, Camp Hill, Cumberland
County, Pennsylvania. (See attached map).
CGA Law Firm
Countess Gilbert Andrews P.C.
Attorneys for DeO~ndant
Date: May 17, 2001
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CROWN AMERICAN PROPERTIES, L.P., :
by Crown American Realty Trust, its :
General Partner :
Plaintiff, :
v. : no. et-
..
cyberXpo.eom, Inc., :
Defendant. : Confession of Judgment - Ejectment
COMPLAINT IN CONFg..g.~ED JUDGMENT IN EJECTMENT
AND NOW, TO WIT, this 18~h day of May, 2001, comes the Plaimiff, Crown American
Properties, L.P., by its General Partner Crown American Realty Trust, by its attorneys, CGA
Law Firm, (Countess Gilbert Andrews, P.C.), and files the following Complaint:
1. Plaintiff, Crown American Properties, L.P., by its General Partner Crown
American Realty Trust, is a business trust organized and licensed to conduct business in the
Commonwealth of Pennsylvania, having a business address of Pasquerilla PlaTa~ Johnstown, PA
15907-0879 (hereinafter "Plaintiff").
2. Defendant, cyberXpo.com Inc., is a corporation having a last known business
address of 102 Decker Court, Suite 203, Irving, Texas 75062 (hereinafter "Defendanf').
3. Plaintiff is the owner of real property here described on Exhibit "A" ("Property"),
which is incoporated herein by reference.
4. Plaintiff acquired title to the Property through a deed dated August 17, 1993, said
deed recorded in the Cumberland County Recorder's Office in Deed Book Volume L-36. Page
1141. A tree and correct copy of the deed is attached hereto as Exhibit "B" and incorporated
herein by reference.
5. The Property being the same premises which Gulf Oil Corporation by deed dated
November 5, 1974 and recorded in the Cumberland County Recorder's Office in Deed Book
Volume 25, Page 792 granted and conveyed onto Crown American Corporation.
6. The Property is further identified as 3506 Capital City Mall Drive, Camp Hill,
Pennsylvania.
7. On or about June 29, 2000, Plaintiff contracted with Defendant to provide
Defendant with a license permitting Defendant to install and operate an Internet kiosk m a
specified location on the Property within the Capital City Mall ("Defendant's Location"). A tree
and correct copy of the License Agreement is attached hereto and incorporated herein by
reference as Exhibit "C" {"License Agreement ").
8. Defendant's Location is specifically identified on a map of the Capital City Mall.
A tree and correct copy of said map is attached hereto as Exhibit "D" and incorporated herein by
reference.
9. In consideration of the license provided to Defendant by Plaintiff pursuant to the
License Agreement, Defendant agreed to pay Plaintiff a fixed minimum license fee of Three
Thousand Three Hundred Thirty-Three and 00/100 ($3,333.00) Dollars per month.
10. Defendant has failed to make its minimum license fee payment of Three
Thousand Thee Hundred Thirty-Three and 00/100 ($3,333.00) Dollars to Plaintiff for the
months of January, February, March, April, and May 2001.
I 1. Plaintiff notified Defendant of its default under the License Agreement by a
notice of defanlt letter dated February 21, 2001. A true and correct copy of said notice of default
letter is attached hereto and incorporated herein by reference as Exhibit '~E".
12. Defendant failed to cure its default under the License Agreement.
13. The License Agreement provides that upon Defendant's failure to timely cure the
default, the Plaintiffmay terminate the License Agreement by providing a termination notice to
Defendant stating the effective date of the termination.
14. Plaintiff notified Defendant of the termination of the License Agreement by
Notice of Termination dated May 2, 2001. A true and correct copy of said Notice of
Termination is attached hereto and incorporated herein by reference as Exhibit '~F". 15. The License Agreement has been terminated.
16. The License Agreement authorizes a confession of judgment in ejectment if the
License Agreement is terminated.
17. Plaintiff is authorized to confess judgment in ejectment against Defendant for
possession of the Defendant's Location by warrant of attorney contained in Paragraph 15 of the
License Agreement.
I 8. Plaintiff has not previously confessed judgment in ejectment against Defendant in
any jurisdiction permitted to adjudicate same.
19. All conditions precedent have been satisfied prior to the entry of the confessed
judgment.
20. The License Agreement has not been assigned.
21. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
WHEREFORE, Plaintiff demands judgmem in ejectment against Defendant and the
immediate possession of Defendant's Location as authorized by the warrant of attorney
appearing in Paragraph 15 of the License Agreement and for such other and further relief as this
Honorable Court deems proper.
CGA Law Firm
Countess Gilbert Andrews, P.C.
By:
Craig S. S~arnetz , Esquire
Supreme Court I.D. 83863
29 North Duke Street
York, PA 17401
(717) 848-4900
Attorneys for Plaintiff
W~Y-16-01 I1 :O? FROV,-CROTIN kJ~RiC~ 6146366343 T-?T9 P.O?/OT F-42Z
VERI1TCATION
I, Rm undersi~t~d, Martin Nadorlik, Peal I~state Counsel and Director of Lease
Administration of Crown American Realty Trust, sole General Partner of Crown American
Properties, L. P., hereby at=Etms that the fncts contained in the foregoin~ Complaint arc uu¢ and
correct ~o The best of my knowledge, i~onnation and belief. This stalem(mt is made subject to
the penalties provided under 18 Pa. C. S. § 4904 relat;-g to ~,-_nwom ~aLsificalio~s ~.o au~horkies.
CROWN AMERICAN PROPF.,R.TI~S, L, P.
by CROWN AMERICAN REALTY
TRUST, its Sole C~u~ral Panner
Martin Nadorlik
~ E.~ate Counsel
Director of Lease p. dmi~i.~alion
Dated: ~
k~Y-16-01 II:07 FROkt-CflO~l A~RICAN 9146366343 T-??O P.06/O? F-422
~ 32 ~ 55 mLuuC~ ~ I~ ~C. a dts~ d ~.~ ~C. a =~L~ oE
dt~c8~ o~ 166.79 ~Hc.
~aac. a r~t~ nE 564.96
C~1~ 3~c~ 30 ~e~ ~7 ~C~ ~ Se~ ~C, a ~s~ o~ 337.46 ~noC ~ a
~Y-'IG-Ol 11:07' FiOif"CRO~ kl~RICkN 6146159343 T-TT9 P.06/O? F-422
ktAY-16-01 I1:06 FROIA-CI~OWI .4J~RI~N 8145359S43 T-??Q, P.02~? F-422
THZS DEED, ~ade and entered ~1:o als,o£ August
fr~ ~ ~I~ CO~TZON, a P~s~Z~La =o~ora~on ~v~
~ a~s a~ Pas~erilla Pla~a~ Jo~ ~syl~a~a 15907
("Gr,=or") ~ ~o ~ ~~ ~I~, L.P., a Delaware
limited ~ership ~vi~ ~ a~dr~s ~/o ~ ~eri~
T~s~, PasSer,lis Plaza, =~o~, P~eylv~a 1~907
(UGr~tee") ·
~SS~: ~at for ~ ~n ~$dera~ion of
~lla~ ($10.00), ~sh ~ b~ ~, a~ o~er good ~ ~1~1e
consecration, ~ ~eipt ~ suffici~ of all o~ ~i~ are
hazy a~l~d, and ~e~i~ ~o ~ 1~11y bo~ her~y,
~o~i~ and does her~y basin, sell, ~, alien, ~unvey and
conf~ ~to Gr~tee ~at ~ain r~l es~e 1y~g ~d
wi~in ~e Co~y of ~1~, C~1~ of Pe~ylvania,
de~cr~ed in ~t "A" hereto, ~a~ wl~'~'"
~ figures looat~ ~on ~ all rlgh~, title ~d interest of
~n~or in ~ to all eas~en~, c~en~ ~ o~er
o~ ~ s~et~ ~d~ aven~e or alleF~ ~ or closed, in ~ont of
toge~er wi~ all le~e~, li~es ~d ~er a~s
use ~ o~p~y of ~e ~ (colle~ively, ~e "~al
eas~ ~ rese~a~ions ee~ fo~ ~n S~ule B of
i~ poli~ ~s~ea by C~~ ~ Title
~ ~ ~D TO ~ ~e ~al Pr~y ~to Grant~e,
~cc~so~ ~ ass~s~ in ~ S~ fo~.
~h~_t, ex~ep~ as ~t fo~ ~ ~ P~t~ Excep~o~ has
no~ done ~ suffer~ an~ ~r~ ~ ~al ~pe~y has been
~e~ in ~y ~y and ~at ~e ~e ~ ~et possession
~e~ i~ w~ll war~ a~ for~er hf~ a~st ~ law~l
~la~ o~ a11 pe~o~ ola~ing by, ~o~h or ~ Gr~r, bu2
~ ~r or o~ise.
~Y-16-01 11:06 FR0kl..(:R0lgl AI~RICHI 8146360343 T-?T9, P.03/0T F-42Z
NOTICE ' '
THE UNDERSIGNED, AS EVIDENCED BY THE SIGNATURE(S) TO Ti-ifS NOTICE AND THE
A(:JCEPTANCE AND RECORDING OF THIS DEED, (IS, ARE) FULLY COGNIZANT OF THE FACT THAT THE
UNDERSIGNED MAY NOT BE OBTAINING THE RIGHT OF PROTECTION AGAINST SUBSIDENCE, AS TO
THE PROPERTY HEREIN CDNVEYED, RESULTING FROM COAL MINING OPEI:}ATIONS AND THAT THE
PURCHASED PROPERTY, HEREIN CONVEYED. MAY BE PROTECTED FROM DAMAGE DUE TO MINE
SUBSIDENCE BY A PRIVATE CONTRACT WITH THE OWNERS OF THE ECONOMIC INTEREST IN THE
COAL. THIS NOTICE IS INSERTED HEREIN TO COMPLY WiTH THE BITUMINOU$..MJhLE..~I.~.I~.NCE AND
LAND CONSERVATION ACT OF 1966. ~
Signed B~=
Witness Signed By= _ /t . .
IN V~TN~SS ~n=a~OF, Grantor has oause~ ~his ins~rumen~
to be exm=uted ~y an~ ~hrough 4~.s duly authorized of£icer as of
ATTESTED TO: C~oWN
V~Y-16-01 II:0T FROV~CItOgl ~k[RIC~fl 6146369343 T-?TO , P.04/O~ F-422
S~ATE OF NEW YORK )
COUNTY OF NEW' YoRE )
.4~
On T/lis, the i~~ ~ of.A~s~, 1993, before ~, a
~ . , WhO ac~t~ge~ n~e~r =o
~ of ~ ~~ CO~=ION~ a Pe~sylv~la
~orat~on, ~d ~ he as such offioer, be~ au~orized to do
so, exe~ ~e fo~oi~ ~s~en= for ~ pu~oses ~ere~
con~in~ ~ si~ ~e ~ o~ ~e oo~o=ation by h~el~ as
su~ office.
~ ~SS ~OF, I~~ se~ ~y hand a~ o~f~c~al
seal.
~ =~ission ~ires:
PREPARED BY:
Reed SmiTh shaw & Mcclay
43S S4x~h AvenUe
pi~:~:shurgh, PA 3.5219
American Ti~ls Insurance
YOL~At NY 10017-3303
-3-
C M
CROWN AMERICAN PROPERTIES, L.P.,
Partner, with its p~noipal offims Ioceml at Posqce~lh PIm~ loluumm~ Pmmylvani~ IJ907 (hemiantt~ ~ to as
'Licensor") and ~.'--..":::."-".~, :.'-'_., ::L.~ as e~borXpe.com, with an Mdr~s of 733 Winter $1mct, No~h Andmm', MA
01845, (hereinniter referred to as 'Li~ which said im~iee- in coualdmaion of the unde~i,~gs ami commitments
perry to th~ oth~ ptu~y as m forth h~cin, berry mutually ~ren as follows:
I. Licenm. Pumucnt to the tonm. Movisioas and conditions hc~in contained, Licenser hereby ~nmts to
Liucnsen for thc tsfln lieminnit*~r set forfu n Licmmc to iasteil and operate an imeenct kiod~ at fuc lucafion dosi.om~-,t below
(hereinafter rafmed to as thc #Pmniscs" or "Demised Pmmisas~) at the Capital City Mall, 3506 Capital City Mall Drive,
Camp Hill, Pennsylvania, ("ShoppingCente~#),to~ctherwiththcjointaseofthecomnmn ~fuallitiesthercin.
2. ~. Thc size of the ~,~,.ises is five feet (~') in width, twalve lent and one-half inohas (I 2'
I/2") in length and eight feet five inches (8* Y') in height.
3. Location. The location of thc Demised Premises is os depicted os being simded in red on Exhibit
atmcbed hereto and made n part heronf.
4. Term. This License is granted to Licensee by the Licensor for five CS*J veto3, cornmencing on the earlier to
occur of: (i) when Licensee opens for besiucss in the Premises; or (ii) ]uiy I:~, 2000, whether or not Licensee is open for
business ("Te~Tn Conuucucement Date").
$. Fixed Minimum Rent. Licensee shall pay to Licensor n sucrafi_*___,~_ annual minimum rent (*Fixed Minimum
mn
Rent") os follows: The Fixed Minimum Rent for canh of thc following perinds during the term of this License sitall be:
Time Period Annual Amount ~
Each such installment shall be duc and payable on or before the first day of asch celendar month in th~?teflli"of this
License- in advance, at the office of Liormor or at such other place os mey be desisnatod by Licensor from time to time. without
any prior demand thct~cfor mid without any deduction or setoffwbetsucver, the fu3t iastsllment to be paid on the commencement
date wbether or not the commencement date is the first day of a calendar month. In thc event that the commencement date of the
term of this License shall be n day other than the first day of a calendar month, Licensee's first payment of Fixed Minimum Rent
shall be prorated for the fiantional month bat3veen the commencement date and thc first day of the fu3t full calGndar month in the
te~n herenf, on n per diem basis (calculated on n thirty [30] day month).
SEE RIDER
6. P~e R~t. In addition to the Fixed Minimum Rent os aforesaid, Licensee, in accordance with this
paragraph six (6) of this Licom~ shall pay to Licensor, os additional umt ~ 0tc~ineiter mfet~d to ns "Percentsgc
Rent"), and os part of the consideration of the aforesaid demise, for the term of this License a sum equal to ten percent (10%) of
all Gross Sales gemnttod through the efforts of Liceasen end Licensen shall pay to licensor n sum equal to fif~/pe~cm ($0%) of
the Gross Sales lmeratcd through thc cffom of. '.bu~(os defined on Exhibit "C'0 attached he,to) during the term of this
Licmse.
(n) The Pemea~ge Rent shall be paysble without prior demand and without any setoff or deduction
whatsoever at the times set fmlh he~alnatter at the place then fined for the payment of Fixed Minlmnm Real.
(b) No later than thirty (30) days alter the expiration of each qua,'tsr of the tsrm hereof, Licensee shall
pay to Licensor thc PoT. enrage Rent due.
(c) No inter than thc thirtieth (30d') day at, er thc end of each calendar quarter in the term herenf,
Licensce shall submit to Licen. sor an itemized end accurate writlen stu~mant signed by Licensee- its duly authorized officer or
duly anthoficed reprmentMive, reflecting the full amount of Groos Seias made dm4ng the _pz*~___~n$ calendar quarter. If thc
commencement date bemof shall not be the fisat day of n calendar month, thc period between thc commencement date and the
first day of the flint futi calendar month in the teml and Licansce*s Grins Sales durin$ such period shall be ~a__,~_ to the fit3t
calender month for both the pmpos~ of the computation of Pcmentngc Rent mid the pa~puse of l~orting of Cwoss Sales.
D:g.~t~a~JohnNJRNlit'tnn a~rtemnctl~Cybt~tpo ~-I~-00 (Cap) des I
(d) Not Is~' than the date set forth in subparagraph (b) hm, saf, Liceussa slmil submit to Licensor u
complete writtcfl stetatoc~t of Licm'.sna's Gross Sales in such reasonable dctsil as requested by Licensor, c~tificd by Licensee, its
duly nathoficed officer or reprcsantstive stating that thc Gross Sales i*cpofled by Liccossa arc in accord with the amount thcrooF
set t'oflh on Lican~*s rngulerty maintained hooks sad records. Simultaneously with the dciivtsT of'the sts/gmcot t~Fum:d to in
the preceding sentcoce, Licauce shall pay to Licensor thc Full unpaid halenco of' thc smtemcot fLag.cd TO in thc prcecding
seotencc, Licensee shall pay TO Licensar thc full unpaid balance of the Percentsgg ITcot dna and payable.
(e) Thc accapmnco by Licensor of payments of Parceota~ Rent or repofls thorcof shall be without
· · - audit
prejudice, and shall in no event constitute a waiver of Licensor's fights to clam a defic~cany of such Percentage P, got or to
L~gnseds hooks ami records.
(f) Licausce's obligations uudcf this Paragraph Six (6) shall survive thc expiration or sarlior termination of
7. Use of Promises. Licensee shall use the leased premises solely for the purpose of conducting the
business of: un internal kiosk with computer terminals, plasma based television mouitere and plasma baaed advertising
signage designed to provide access to the interoet for the primely purpose wbleh sholl include mod be limited to the
following: (1) ~nmes ('2) e-anal (3) video conFurenainll (4) digital phote~apbe for electronic trocemltthl and (S) the sub of
plasma based electronic advertising and dynamic video nad multi-media udvertiainll through its terminals, televbiion
monitors and signnge (provided, in no event abull advertising or signnge ho displayed in t saetia mode or p!~-~~ on roiling
· ' ' ho limited in
screens of uny kind) and the incidental sale of internal services, web access nad e-commorce (all of which will
content end tiese for non-competitive uses to be pro4pprovud by Landlord), nad for no other purpose whotever.
Liceflsce represents and warrants that it shall contmuously operate thc intc4net kiosk so thut it ts nvmlable for thc usc of
mcmbents and pumas of Mail during ail regular business hours of thc Mall as detm3nincd by LicenM~ from time to time or such
additional hours as agrocd ulxm between Licensor sad Licensee. Without limiting thc forngoinL License agrees that thc
intcmet kiosk will tx: fully operational not lese than 95% of ali rc~uler business hours of the Cantors, with ail core service
features having a resItonsa time of five ($) sceonds or less, except during periuds of mumticipatsd intermpdom of utility servico,
or other circumstances hoyood Licensec*s rsasooablu control, in which avant, Licenace shall use its be~ colntoc~ciaily ressonablc
effofls to minimize thc impact of such lapse or intsrropfion of service.
Licenasa represents sad warrants that it will indemnif% dcfand and hold Licensor (including its landor, properly
manner and ~orai portnaf3) harmless from any claim, suit or pracceding brought against Licnasur, its affiiletes, subsidimies,
ascot.% or the cmployses, omcess or costumers of cech of them FUr alleged patant, cepyright or trademark inffin~'ntant and
feinted claims, including, but not limited TO, trade secret appropriation, unfair competition and/or intes~uence with prospective
advantage, resulting from thc sorvices Fumishud by Licensee be~uuder. Licensor shall give Licensee notice in writing of' nay
such claim, suit or proceeding brought m~inst Licensor. The indemnification, defense sad hold hecmiess provided itorain
includes cout~ costs and attofltey~ fees arising out of or resulting ll*ce.g sech claim, suit, or
8. Cost of Sceuriw. Licensor may cleat, but shall not be required, to provide security for thc Shopping Ccnt~.
9. ]D~J~G~~. Liceusce agrees to indemnify and hold Licensor lumnless from any nad ali loss,
damage., claims, suits sad expense resulting from acts or omissions of Licensce's employses while acting within thc courS~ nad
scope of their cmpinymant or othorwisc reuniting directly from the ol~ation of Llecosec's hosincas in thu Premises. Liceussa
further agrsas to mainmin Jn eff~c't public liability inauranca cove~ing its liability FUr death of or injury to persons, or damage to
property, arising out of or connected with the operation of its business, with limits for bodily injury liability of Sl,000,000 for
cech OCCTOTCnca, and limits for properly dema~ liability of $i,000,000 for each accoffenco and $1,000,000 in thc aggropte.
Licenaor shall be named es an additional insured under such policies, sad Licensee slmil furnish Licensor with a ceflificetc from
the insuror evidencing thc naistonce of such insurance.
10. ~. Each of.the parties hereto assumes ail risk of lass, damage or dcstmctioo of or to its
property located in thc Shopping Canter in which thc Premises arc located by say cause whatsnaver, unless the same shall ho
caused by the willful act. omission or nnglect of tbe other party or its agents or employees while acting within thc course sad
scope of their ~mployment.
I I. AssignmsnUSubleL Licensec*s privileges hcrsunder shall not be assignable by L,icensee in whole or in part
and Licensee shall not sublet thc whole or any part of thc Prcmlscs, and/or the right to operstn its kiosks.
i2. Utilities. Licensce shall ho responsible for paying all costs of installation of thc internal kiosk, thc hook-up
sad installation of electric s~vice, phone service if necded, the installation of e T-I iina, sad ceil rapcotc~ in the shopping ceotor
ifnor~-*~*'y for Licensce's operation.
D:~Le~tKJohnNJR~liceuse t,,~Feem ecls~Cy bars pe 7-3-00 (FSK*).dec '2
,A~mneat ~ u a ~ovenant b~ ~.
(aipateru appnr on next pap)
(Corporate Seal) CROWN AMERICAN PROPglt-t-ur~, L,P.,
A DEL&WAR]r, LIMITED PAR'rlq~qSHIP,
BY: CROWN AMF. A~CAN.~.,ALTY
P.(mald P. ~ *J~m St~gll~mtson
Execuffve Vice P~esident
(Corporate Seal) ~
IMg~'cyberzpo.com ~",,~z c..
D:~J.,e~t~Jobmlqb ijreemuet~po S-19-00 (Cap).doc 7
D.M,eprdoknlMJR~lietmt ~[T. vt~n~po S-1940 ~SK).dm: 9
place; or (2) pur~umt to mil. telq)boGe, tel~ closed TV Cinmit, Dial-A-Buy, electronic, video, couq2uter, or
nfl~ refunded uurchssen ~ role upon installment or c~eatt ,l~ntq I)e ~ is ' sma m~ uic nm I~.n,~ m. ·
mouth durin8 which such sale sludl be made, hTeSpe~w o(~e time when Liceus~ slmll recetve paymen~ lhe~oF.
(b) The Foilowin~ shall be deduL'~l From Gross Sales iF orishally included ~-rein, or excluded
nmncl~. (I) 8uy excbnge of ~lise between stotu of Licensee where such exchn~ is nude solely for the
convenient operation of Licensee's busipm and not for the purpose of consm~,,,,~,~o_ a sale made in, at or from the
demised pt~mises, (2) returns to shippers or manufncmrenl, (3) cash or credit refunds to customers on transactions
othenvise included in Gross Sales, (4) sales of t'nctures, machinery and equipment a~r use thereof in the conduct of
Licensee's business in the demised ix~mises, (5) amounts collected and ~ out by Licensee for any sales lax
imposed by ~ duly constituted govenunental authority provided such tax is bmh homed to the sellinl price as a
separate and distinct amount in addition to the regular price of Licensee's merchandise w.d ~id to the taxin~
authority by Licensee (out not by any vendor of Licensee), (6) the amount of my discount on sales to employees, and
· No value added lax, and no fnmchise or capital
(7) receipts bom the permitted pay t~lephone and vendin~ nmchmes.
stock tax and no income, gross receipts or similar tax b3zse, d upon income, profits or gross receipts as such shall be
deducted from Gross Sales.
D,-~L~t~JohnHJl~lceme uireem~bersP° S-19-OO (FSK).doc 8
CROWN AMERICAN
Febnm~y 21,200 !
SENT VIA OVERNIGHT DF, LIVERY
CyberXpo.com
733 Win~r Street
No~h Andover, MA 01845
RE: License Agreement anted June 29, 2000, by and betv~en Crown American Financing Pannerehip, L.P., ns
Licensor, and cTberXpo.mm, ns Licensee, for promises at Capital City Mall, Camp Hill, ~P?nsylvanin.
NOTICE OF DEFAULT
Dea~ Licensee:
violations of Paragraph $ of the Agreement for failure to pay Fixed Minimum Pent when due.
You are further notified to cum the abeve-referenced Defanlt within mn (10) days ns provided under the License
AgresmenL The following charges are now due:
Date Descriminn Amount D~
12/01/00 Fixed Minimum Rent $ 3333.33
01/01/O1 Fixed Minimum Rent 3333.33
02/01/01, Fixed Minimum Rent 3333.33
$~999.99
Any questions concerning this oatstnnalng amount should be directed Io Ms. Tim Paul, Corporate Credit ~nnnser
at 81,4-$36-9586.
Nothin~ ~o~lailled ~1~ thi~e ~ ehnll be deell~d m ~o[} of preclude Licennst
Default ns defined under the License Ag~ement
Your failure to timely cure said Defimlt or the conlinued violation of ~ame ehnll result in Licensor pursuing ail
tights and remedies available to it under the License Agreement, at law ot in equity.
Sincerely yoms.
CROW2V ,4M~,ICdIV PROP~.~TI.E~, LP.,
BY: CROW~ ~IMI~RIC~V REALTY TR~J~T~
IT~ $OL~ GENERAL PART~ER
Mamin Nadorlik
Director of Lease A,tmin!stration
/mits
cc: John Venzon
Andy I-I~,~ Credit Dq~mment
L~gal Depamuent Asset lVlann~ement Admininnnion
OEO,C^T~O TO CUSTOMEK SE~V~C~ I~XC~U.~C~
CROW/N AMERICAN PROPERTIES, L.P.
P/LSQUERII. I.A PLAZA o.JOHNSTOWN, PA 1~90'/-On79
8t4o:i36o444I
Cm~n Ametlean Re, dry Trust is the managinll &eneral parmer ol'Cm~vn Ametkna Pmpenie~.
CROWN AMERICAN PROPERTIES, L.P.
May 2, 2001
SENT VIA OVERNIGHT DELIVERY--972-650-1110
Mr. Clayton H. Duncan
Director of Leasing
Big Fat Wow, Inc.
102 Decker Court
Suite 203
Irving, Texas 75062
RE: License Agreement dated as of June 29, 2000, by and between Crown American Properties,
L.P., as Licensor, and cyberXpo.com., as Licensee, for premises at Capital City Mall, Camp
Hill, Pennsylvania
NOTICE OF TERMINATION
Dear Licensee:
You have failed to cure the Default referenced in the Notice of Default sent to you on February 21,
2001, concerning the above License Agreement. Accordingly, we hereby declare pursuant to
Paragraph 14 of the License Agreement, that the said License and any and all rights you or your
Licensee may have to occupy the premises shall terminate upon your receipt of this Notice.
Nothing contained hereinabove shall be deemed to preclude Licensor from exercising any and all
rights under the aforesaid License Agreement, at Law or in equity.
Sincerely yours,
CROWN ,4MERICAN PROPERTIES, L.P.,
,4 DEL,4 ~,E4RE LIMITED P`4RTNERSHIP,
BY: CROWN AMERICAN REALTY TRUST,
ITS SOLE GENER.4L P`4RTNER
Martin Nadorlik
Real Estate Counsel
Director of Lease Administration
/mks
cc: Emie Brennsteiner
Asset Management Administration
Legal Department
Credit Department
Mike Starehville
PASQUERILLA PLAZA,,IOHNSTOWl4, PA 15901
(814) 536-4441
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
CROWN AMERICAN PROPERTIES, L.P., :
by Crown American Realty Trust, its :
General Partner :
Plaintiff, :
:
v. : FileNo. - 3 t,t,
:
cyberXpo.com, Inc., :
Defendant. : Civil Action = Law
CERTIFICATION
The undersigned hereby certifies that the attached Praecipe for Execution/Attachment 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.
Date: May 17, 2001 Signature: ~~
Print Name: Crai S. Sharnetzka Es rare
Attorney for Plaintiff
Supreme Court ID No.: 83863
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CROWN AMERICAN PROPERTIES, L.P., :
by Crown American Realty Trust, its
General Partner :
:
Plaintiff, :
cyberXpo.cem, Inc., :
:
Defendant. : Civil Action - Law
(X) Notice is hereby given that a Judgment in Ejectment in the above-
captioned matter has been entered against you on May ~.~, 2001.
(X) A copy of all documents filed with the Prothonotary in support of the within
judgment is/are enclosed.
If you have any questions regarding this Notice, please contact the filing party:
NAME: Craig S. Sharnetzka, Esquire
ADDRESS: 29 North Duke Sm:et
York, PA 17401
TELEPHONE NO: (717) 848-4900
(This Notice is given in accordance with PA.R.C.P. 236.)
Notice sent to: NAME cyberXpo.com, Inc.
ADDRESS 102 Decker Court, Suite 203
Irving, Texas 75062
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CROWN AMERICAN PROPERTIES, L.P., :
by Crown American Realty Trust, its
General Partner :
:
Plaintiff, :
V.
: No.
:
cyberXpo.com, lac., :
Defendant. : Civil Action - Law
PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT
To the Prothonotary:
Issue writ of possession upon the judgment in ejectment entered by confession in
the above matter.
CERTIFICATION
I certify that:
(1) This Praecipe is based upon a judgment entered by confession, and
(2) Notice pursuant to Rule 2973.3 will be served with the writ ofpoasession.
Respectfully submitted,
CGA Law Firm
Countess Gilbert Andrews P.C.
~raig ~. Shamctzka, Esquire
Supreme Court No. 83863
29 North Duke Street
York, Pennsylvania 17401
Telephone: (717) 848-4900
Attorneys for Plaintiff
Date: May 17, 2001
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CROWN AMERICAN PROPERTIES, L.P., :
by Crown American Realty Trust, its :
General Partner
Plaintiff, :
:
cyberXpo.eom, Inc., :
Defendant. : Civil Action - Law
NOTICE UNDER RULE 2973.3 OF JUDGMENT AND EXECUTION 'I'H F.I~EON
.NOTICE OF DEFENDANT'S RIGHTS
TO: cyberXpo.com, Inc.
102 Decker Court, Suite 203
Irving, Texas 75062
A judgment for possession of real property has been entered against you and in
favor of the plaintiff without any prior notice or hearing based on a confession of
judgment contained in a written agreement or other paper allegedly signed by you. The
Court has issued a writ of possession which directs the Sheriff to remove you from
possession of the real property.
You may have legal rights to defeat the judgment or to prevent your being
removed from the property or to regain possession of the property if you have been
removed, if you did not voluntarily, intelligently and knowingly give up your
constitutional right to notice and hearing prior to the entry ofjudgmant or if you have
defenses or other valid objections to the judgment. ANY PETITION SEEKING
RELIEF FROM THE SUDGMENT AND TO REGAIN POSSESSION MUST BE
FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS
NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
If you have been removed from the property without notice or the opportunity
for a hearing, you have a right to a prompt court hearing if you claim that you did not
voluntarily, intelligently and knowingly give up your rights to notice and hearing prior
to the entry of the judgment. If you wish to exercise this right, you must immediately
fill out and sign the request for hearing which accompanies the writ of execution and
deliver it to the Sheriff of Cumberland County at Carlisle. Pennsylvania.
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.
Lawyer Referral Service of
The Cumberland County Bar Association
The Cumberland County Bar Center
2 Liberty Avenue
Carlisle, PA 17013
Telephone No. (717) 249-3166
(800) 990-9108
CGA Law Firm
Countess Gilbert Andrews P.C.
Craig S. ~Jl~arnetzka, Esquire
Supreme Court No. 83863
29 North Duke Street
York, Pennsylvania 17401
Telephone: (717) 848-4900
Attorneys for Plaintiff
Date: May 17, 2001
By virtue of this writ. on the 30 day of Hair 2001
l caused the within nanled Crown ~ri~n P~rties, L.P., by C~ &r~ean fi~lty T~t°
have possession of the premises described ~ _ 3506 ~ita1 City ~ ~
Drip, ~ Hill, PA 17011
Sheriff's Costs{ 81.91
Refund~ $ 68.09
Sworn and subscribed to before me this -~.~.~ So A~ll~._~' ~'~..
day of (,]~ t.~ " ~-~ ~ '
Prothonotary
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
IN THE COURT OF COMMON PLEAS OF
~ /~IERIC31q PROI:~RTIB-'~, L.P., CUMBERLAND COUNTY, PENNSYLVANIA
by Crown 3a~_ric~ Realty Trust, its
No. 01-3166 Civil Term
General Partner
No. Term
vs. Costs
cyborxpo.clan, Inc. Att'y. $ 29.50
Pl'ff {s) $
Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Ctsnberland County, Pennsylvania
(I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
Crown ~ner~r~n pLoperties, L.P., by Crown 3merican Realty Turst, its
General Pa-r°cner Plaintiff (s)
being: (Premises as follows):
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dam (s) and sell his/her (or their) interest therein.
Prothonotary, Commtm Pleas Court of Cumberl~d County, Pennsylvania
(SEAL) Deputy
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CA~E NO: 2001-03166 p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CROWN AMERICAN PROPERTIES LP
VS.
CYBERXPO.COM INC
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,CYBERXPO.COM INC
by United States Certified Mail postage
prepaid, on the 25th day of May ,2001 at 0008:00 HOURS, at
102 DECKER COURT SUITE 203
IRVING, TX 75062
, a true
and attested copy of the attached WRIT OF POSSESSION Together
with
The returned
receipt card was signed by MICHELE HOWARD
05/31/2001 on
Additional Comments:
Sheriff,s Costs: ~~.: _, /~
Docketing .00 ~ ~~-~
Service .00 R. Thomas Kline
Affidavit .00 Sheriff of Cumberland County
Surcharge .00
.00
.00
Paid by on 00/00/0000
Sworn and subscribed to before me
this /~ day of(~
3~! A.D. ' '
~ ~rothonotary'
item ~' if Restricted O c I flatu ~J