HomeMy WebLinkAbout12-1358f
!J is
''r TtiE PROTHOhO fAtr'i
2012 FEB 29 PM 3: 12
CUMBERLAND COUNTY
PENNSYLVANIA
Richard P. Mislitsky, Esquire
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6363
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
VITO IANNUZZI
PLAINTIFF
Vs.
STRATO MARCO DELLA RAGIONE
a/k/a STRATO MARCO DELLA
RAGIONE t/d/b/a MESINO'S PIZZA
a/k/a STRATO MARCO DELLE
RAGIONE and ROSALBA DELLE
RAGIONE a/k/a ROSALBA DELLA
RAGIONE
DEFENDANT(S)
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.:
: CIVIL ACTION -LAW
EJECTMENT
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(s) and confess judgment in ejectment in favor of the plaintiff(s) and against the
defendant(s) for possession of the real property described as follows:
Mesino's Pizza, 1225 Ritner Highway, Carlisle, PA 17013, and identified
as "Space 1" on the plan of the Food Lion shopping center attached to the Agreement
referred to in the Complaint filed in this action and hereto as Exhibit "A" and made
part hereof consisting of approximately 1500 square feet within the said shopping S
center together with common areas as more particularly set forth and described in the
Lease and the Agreement referred to in the Complaint filed in this action. //6 00 Po/
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Respectfully submitted,
Date
Richard P. Mistlistky, Esq.
Supreme Court ID 28123
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6 ,363
Attorney la' tiff
l
arl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
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Richard P. Mislitsky, Esquire
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6363
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
VITO IANNUZZI
PLAINTIFF
Vs.
STRATO MARCO DELLA RAGIONE
a/k/a STRATO MARCO DELLA
RAGIONE t/d/b/a MESINO' S PIZZA
a/k/a STRATO MARCO DELLS
RAGIONE and ROSALBA DELLE
RAGIONE a/k/a ROSALBA DELLA
RAGIONE
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: /;- - /315-1
CIVIL ACTION - LAW
EJECTMENT
COMPLAINT FOR CONFESSION OF JUDGMENT FOR POSSESSION OF
REAL PROPERTY UNDER RULE 2971
1. The name and address of the Plaintiff is Vito Iannuzzi, 3 Rockwell Court,
Carlisle, PA 17015.
2. The name and last known addresses of the Defendant, Strato Marco Della
Ragione, a/k/a Strato Marco Della Ragione t/d/b/a Mesino's Pizza, a/k/a
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Strato Marco Delle Ragione is 1225 Ritner Highway, Carlisle, PA 17013
and 7 Carolyn Street, Apartment 1-B, Harrisburg, PA 17112.
The name and last known addresses of the Defendant Rosalba Delle
Ragione a/k/a Rosalba Della Ragione, is 1225 Ritner Highway, Carlisle, PA
17013. Strato Marco Della Ragione, a/k/a Strato Marco Della Ragione
t/d/b/a Mesino's Pizza, a/k/a Strato Marco Delle Ragione and Rosalba Delle
Ragione a/k/a Rosalba Della Ragione are collectively referred to hereinafter
as "Defendants."
4. Defendants executed and delivered to Plaintiff an Installment - Asset Sale
Agreement dated April 19, 2005 (the "Agreement"). A true and correct
photostatic reproduction of the original Agreement is attached hereto as
Exhibit "A" and made a part hereof.
Defendants are in default of Defendants' obligations to make payment to
Plaintiff as required in the Agreement and by letter dated January 13, 2012,
Plaintiff accelerated all amounts due to Plaintiff under the Agreement and
demanded the immediate payment of all amounts due to Plaintiff under the
Agreement. A true and correct copy of Plaintiff's demand is attached hereto
as Exhibit "B" and made part hereof.
6. Judgment is not being entered by confession against a natural person in
connection with a residential lease.
The property (the "Property") for which judgment for possession is being
confessed is known and numbered as Mesino's Pizza, 1225 Ritner Highway,
Carlisle, PA 17013, and is identified as "Space 1" on the plan of the Food
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Lion shopping center attached to the Agreement as Exhibit "A" and made
part hereof consisting of approximately 1500 square feet within the said
shopping center together with common areas as more particularly set forth
and described in the Lease attached to the Agreement as Exhibit "B" (the
"Lease") and made part hereof.
8. There has been no assignment of the Agreement.
9. Judgment has not been entered on the Agreement in any jurisdiction.
10. An itemized computation of the amount due to Plaintiff by Defendant as a
result of Defendant's default is as follows:
A. Principal $70,345.38
B. Interest to 2/29/2012 5,386.96
C. Attorney's fees 4,480.00
TOTAL $80,212.34
11. Interest continues to accrue at the rate of $11.56 per day.
WHEREFORE, Plaintiff demands judgment as authorized by the warrant of
attorney contained in the Agreement against Defendants, Strato Marco Della Ragione,
a/k/a Strato Marco Della Ragione t/d/b/a Mesino's Pizza, a/k/a Strato Marco Delle
Ragione and Rosalba Delle Ragione a/k/a Rosalba Della Ragione for possession of
the Property known and numbered as Mesino's Pizza, 1225 Ritner Highway, Carlisle, PA
17013, and identified as "Space 1" on the plan of the Food Lion shopping center
attached to the Agreement consisting of approximately 1500 square feet within the said
shopping center together with common areas as more particularly set forth and described
in the Lease and the Agreement.
submitted,
Date:
? ?j
J?-
Richard P. Mistlistky, Esq.
Attorney for Plaintiff
Supreme Court ID 28123
One West High Street
P.O. Box 1290
Carlislv!PA 17013 r
Z7''X-?
,Karl NCI. Ledebohm, Esq.
Attorney for Plaintiff
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
4
INSTALLMENT - ASSET SALE AGREEMENT
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THIS AGREEMENT is entered into this t `' day of April, 2005, by and between Vito
Iannuzzi t/d/b/a Miseno's Pizza ("Seller") and Strato ;Marco Delle Ragione and Rosalba Delle
Ragione (collectively "Buyer").
BACKGROUND
A. Seller is enaaaed in a pizza restaurant business known as Nliseno's Pizza (the
"Business") located at 1225 Ritner Highway, Carlisle, Pennsylvania 17013, being space 1 consisting of
approximately 1500 square feet as more particularly set forth and described on Exhibit "A" attached
hereto and made part hereof by reference (the "Premises").
B. Seller leases the Premises from HPT Carlisle, L.P. ("Landlord") under that certain lease
dated Nfarch, 1994, a copy of which is attached hereto as Exhibit "B" and made part hereof (the "Initial
Lease").
C. The Initial Lease has been extended and modified as set forth in the letter agreements
dated July 18, 2000 ("2000 Amendment"), December 6, 2001 ("2001 Amendment") and July 23, 2003
("2003 Amendment'). Copies of the 2000 Amendment, 2001 Amendment and 2003 Amendment referred
to herein collectively as the "Amendments" are attached hereto as Exhibits "C", "D" and "E" respectively
and made part hereof. The Initial Lease as amended by the Amendments is referred to herein collectively
as the "Lease".
D. Seller desires to sell and Buyer desires to purchase certain of the assets of or pertaining to
the Business upon the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the above Background which is incorporated herein
by reference as if set forth in full and the mutual Covenants and agreements contained herein, the parties,
intending to be legally bound, agree as follows:
1. ACQUIRED ASSETS. In exchange for the consideration set forth below,
subject to and upon the terms and conditions contained herein, Seller shall, upon payment of the
Purchase Price identified in paragraph 4 below, sell, assign, transfer and convey to Buyer by bill
EXHIBIT A
of sale, endorsement, assignment or other appropriate instrument, free and clear of all liens,
claims or encumbrances, except those specifically agreed to be assumed by Buyer herein, and
Buyer shall purchase and accept all the equipment set forth on Exhibit "F" attached hereto and
made part hereof (the " Equipment"), together with the following items found on the Premises as
of April 19, 2005: all inventory - food, inventory - supplies (collectively the "Inventory") and
leasehold improvements on the Premises as of April 19, 2005 (the "Leasehold Improvements")
and good will of the business, including, without limitation, the right to use the name of the
Business being "Miseno's Pizza" under the terms and conditions set forth in this Agreement and
all recipes (the "Recipes") for the preparation of the food items on the menu for the Business as
of April 19, 2005, a copy of which is attached hereto as Exhibit "G" (collectively referred to
herein as the "Purchased Assets"). It is understood and agreed between the parties that all of the
Purchased Assets and any and all duties and obligations to be undertaken by Buyer as part of the
transactions contemplated by the parties hereto relate primarily to Miseno's Pizza located on the
Premises which Seller currently operates. Buyer acknowledges and agrees that Seller is the
principal share holder of Miseno Pizza, Inc., which currently owns and operates a restaurant
situate at 598 West High Street, Carlisle, PA 17013 known as Miseno Pizza II Ristorante
("Miseno Pizza II") which is not included in the sale under this agreement and, anything to the
contrary set forth in this Agreement not withstanding, Seller shall continue to operate said
restaurant under the name "Miseno Pizza II Ristorante" or some other name as Seller may
determine from time to time in Seller's sole and absolute discretion.
2. ACCEPTANCE OF PURCHASED ASSETS AND RISK OF LOSS: Buyer is
thoroughly familiar with the financial condition of the Business and has inspected the
Equipment, the Inventory and Leasehold Improvements on the Premises and hereby accepts the
Equipment, the Inventory and Leasehold Improvements "As-Is" "Where Is" subject to any and
all defects. Buyer hereby assumes the risk of loss as to any of the Purchased Assets as of the date
of this Agreement.
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3. LIABILITY" LIMITATION. Nothing herein contained will operate as an
assumption by Buyer of any liabilities of Seller known or unknown except those liabilities and
obligations expressly assumed by Buyer under the terms of this Agreement.
4. PURCHASE PRICE. The Purchase price for the Purchased Assets shall be in the
amount of TWO HUNDRED TWENTY THOUSAND AND NO/100 ($220,000.00) Dollars (the
"Purchase Price") payable as follows:
a. Buyer has paid to Seller contemporaneously herewith or prior hereto the sum of
$3,000.00, the receipt of which is hereby acknowledged by Seller.
b. The balance of the purchase price in the amount of TWO HUNDRED SEVENTEEN
THOUSAND AND N01100 ($217,000.00) DOLLARS shall be paid to Seller by Buyer
together with interest thereon at the rate of 6.0% per annum by way of eighty-nine (89)
equal monthly installments in the amount of 53,000.00 each commencing on May 1, 2005
and continuing on or before the first day of each month thereafter with a ninetieth and
final payment of any and all outstanding principal and interest and any and all other
amounts due to Seller under this agreement due and payable on October 1, 2012 in the
form of a Balloon Payment (the "Maturity Date"). An amortization schedule regarding
the above payments is attached hereto as Exhibit "H" and made part hereof. The monthly
payments due to Seller hereunder shall be made without demand and without set-off,
counter claim or deduction of any kind. All payments must be made payable and
delivered to Seller at 598 West High Street, Carlisle, PA 17013 or some other address
provided by Seller to Buyer from time to time.
5. ALLOCATION OF PURCHASE PRICE. The Purchase Price shall be
allocated as follows:
a. Equipment 548,000.00
b. Inventory -food 2,000.00
c. Inventory - Supplies 600.00
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d. Leasehold Improvements 9,000.00
e. Goodwill 124,400.00
f. Covenant not to compete 36.000.00
d. Total Purchase Price 5220,000.00
6. POSSESSION: Seller has hereby granted possession of the Premises and the Purchased
Assets to Buyer under the terms and conditions set forth in this Agreement as of the date of this
Agreement.
7. SELLER'S WARPUNTY: Seller is the sole and unconditional owner of, with good and
absolute legal and equitable title to all the Purchased Assets and the Purchased Assets are free and clear of
all liens, security interests, pledges, charges and other encumbrances except as otherwise specifically
provided for in this Agreement. Seller shall not sell, dispose of, transfer or encumber any of the
Purchased Assets after the execution of this Agreement.
8. PRORATIONS. Rent, Operating Costs and any other amounts due to Landlord under
the Lease for the Premises shall be prorated as of April 19, 2005. Thereafter any and all such charges
shall be the responsibility of Buyer.
9. LEASE FOR THE PREMISES. Buyer and Seller have executed and shall immediately
deliver to Landlord the Fourth Amendment to Lease, (the "Fourth Amendment") a copy of which is
attached hereto as Exhibit "I" and made part hereof by reference. As set forth in the Fourth Amendment,
Buyer hereby assumes any and all responsibility of Seller under the Lease, as of April 19, 2005,
including, without limitation, the payment of any and all Rent, Additional Rent and other charges due to
Landlord under the Lease. In the event that Buyer defaults in the payment of rent or other charges due to
Landlord under the Lease, at Seller's option, Seller may pay any such amount directly to Landlord. In
such event, any such amount advanced by Seller shall, at Seller's option, be due and payable by Buyer to
Seller immediately upon Seller's demand or added to the outstanding principal due under this agreement
and repaid to Seller together with interest thereon as set forth in paragraph 4(b) above. Buyer shall
maintain at all times during the Lease term general liability insurance acceptable to Seller in connection
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with Buyer's operation of the Business on the Premises in the amount of at least S 1,000,000.00 or some
other amount as Seller may determine from time to time so that Seller receives at least the same
protection adjusted for inflation. Such policies shall provide that the policy cannot be altered or cancelled
without at least thirty (30) days prior written notice to Seller and shall insure Seller not withstanding the
act or neglect of Buyer. Upon Seller's demand, Buyer shall provide Seller with original policies of
insurance or such other evidence of insurance as Seller may require. In the event of failure to provide
insurance as herein provided, Seller may, at Seller's option, obtain such insurance insuring Seller and
Buyer shall pay the cost of same to Seller, on demand. In the event Landlord fails or refuses to sign the
Fourth Amendment for any reason, Seller or Buyer may terminate this Agreement. In such event, Buyer
shall receive reimbursement of any amounts paid on account of purchase price and return possession of
the Purchased Assets and the Premises to Seller in at least as good condition as of the date of this
Agreement, upon which neither Buyer nor Seller shall have any further rights or obligations under this
Agreement.
10. PREPAYMENT: Buyer may prepay this Agreement in whole or part at any time
without penalty, provided that Buyer shall pay accrued interest on the principal amount prepaid
to the date of payment. In the event of a full or partial pre-payment, there will be no changes in
the due date or the amounts due hereunder unless Seller agrees to same in writing. A Prepayment
will not be a substitute for any regularly scheduled payment.
11. EVENTS OF DEFAULT: If Buyer fails to pay the entire principal and other
amounts due to Seller under this Agreement on or before the Maturity Date, or if any and all
representations and warranties made by Buyer in this Agreement are later determined to be inaccurate in
any respect, or if any action or proceeding is commenced which materially affects the interest of
Seller hereunder or Buyer shall become "insolvent" as that term is defined under the Federal
Bankruptcy Code or Buyer shall cause to be filed a Petition in Bankruptcy to declare Buyer a
bankrupt or a Petition in involuntary Bankruptcy is filed against Buyer before any Bankruptcy
Court, or if a beneficial interest in Buyer is sold or transferred where Buyer is not a natural
person, or if any default is made in any payment on the date on which it shall fall due, or Buyer
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fails to operate the Business on the Premises to at least the standards now maintained by Seller
for the Business on the Premises, or Buyer fails to observe and perform each and every
obligation of Buyer under the Lease at such time that such observance or performance is due, or
Buyer fails to observe or perform each and every obligation of Buyer set forth in this Agreement
at such time that such observance of performance is due, then Seller, at Seller's option, may:
(a) without declaring the unpaid principal balance to be due, collect all
installments of principal or interest, or both, and all other sums due under this Agreement
from time to time, by any action provided in this Agreement or provided at law or in
equity;
(b) declare immediately due and payable the entire unpaid balance of
principal together with interest accrued thereon as set forth above, together with all other
sums due by Buyer under this Agreement, all cost of suit and other expenses in
connection therewith, and reasonable attorneys' fees;
(c) terminate this agreement and immediately re-enter the Premises and retake
possession of the Premises and the Purchased Assets and/or assume the operation of the
Business on the Premises whereupon Buyer shall have no further rights under this
Agreement, the Lease or the Assumption Agreement;
(d) exercise any other right or remedy as may be provided in this Agreement
or provided at law or in equity.
Payment of all or any part of such amounts may be recovered at any time or from
time to time by any one or more of the foregoing remedies.
12. PAYMENT OF COSTS AND ATTORNEY'S FEES: Buyer shall be liable, and
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shall reimburse Seller ON DEMAND for all reasonable attorney's fees and expenses incurred by
Seller in the event that Seller engages an attorney to represent Seller in connection with (1) any
alleged default by Buyer under this Agreement or any other agreement issued in connection with
or arising out of this Agreement; (2) the enforcement of any of the Seller's rights and remedies
under this Agreement or any other agreement issued in connection with or arising out of this
Agreement; (3) any potential and/or actual Bankruptcy or other insolvency proceedings
commenced by or against Buyer; and/or (4) any potential and/or actual litigation arising out of or
related to any of the foregoing.
13. POST DEFAULT INTEREST: The greater of the legal rate of interest or the rate
of interest set forth in this Agreement shall continue to accrue on and after any default of Buyer
hereunder and shall continue to accrue on and after the date of entry of judgment against Buyer.
14. REMEDIES CUMULATIVE AND SUCCESSIVE: The remedies of Seller as
provided in this Agreement and the warrants contained therein shall be cumulative and
concurrent, and may be pursued single, successively or together at the sole discretion of Seller,
and may be exercised as often as occasion therefore shall occur; and the failure to exercise any
such right or remedy shall in no event be construed as a waiver or release thereof.
15. WAIVERS: Buyer hereby waives and releases all errors, defects and
imperfections in any proceedings instituted by Seller under the terms of this Agreement, as well
as all benefit that might accrue to Buyer by virtue of any present or future laws, exempting any
property, real or personal of Buyer, or any part of the proceeds arising from any sale of any such
property, from attachment, levy or sale under execution, or providing for any stay of execution,
exemption from civil process, or extension of time for payment; and Buyer agrees that any real
estate and/or personal property that may be levied upon pursuant to a judgment obtained by
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virtue hereof, on any writ of execution issued thereon, may be sold upon any such writ in whole
or in part in any order desired by Seller.
16. TIME OF THE ESSENCE: Time is considered to be of the essence in all
respects with regards to Buyer's performance of Buyer's obligations set forth in this Agreement,
or any other agreement issued in connection with or arising out of this Agreement.
17. INSPECTION: Buyer shall:
a. from time to time and at all reasonable times, allow Seller, by or
through any of its officers, agents, attorneys, or accountants, to examine or inspect the Premises
and any and all of the Equipment and Leasehold Improvements and Buyer's operation of the
Business on the Premises. Buyer shall do, obtain, make, execute and deliver all such additional
and further acts, things, deeds, assurances and instruments as Seller may require to vest in and
assure to Seller its rights hereunder and in or to any and all of the Equipment and Leasehold
Improvements, and the proceeds thereof,
b. keep, at Buyer's expense, the Equipment and Leasehold Improvements in
good order and repair at all times and immediately notify Seller of any event causing a material
loss or decline in value of the Equipment or Leasehold Improvements whether or not covered by
insurance and the amount of such loss or depreciation;
c. only use or permit the Premises, Equipment and Leasehold Improvements to
be used in accordance with all applicable federal, state, county and municipal Laws and
regulations;
d. at Buyer's expense, have and maintain insurance at all times with respect to
all of the Equipment and Leasehold Improvements against risk of fire (including so-called
extended coverage), theft, sprinkler leakage, and other risks (including risk of flood if any of the
above is maintained at a location in a flood hazard zone) as Seller may require, in such form, in
such amount, for such period and written by such companies as may be satisfactory to Seller in
Seller's sole discretion. Such policies shall provide that the policy cannot be altered or cancelled
without at least thirty (30) days prior written notice to Seller and shall insure Seller not
withstandinu the act or neglect of Buyer. Upon Seller's demand, Buyer shall provide Seller with
original policies of insurance or such other evidence of insurance as Seller may require. In the
event of failure to provide insurance as herein provided, Seller may, at its option, obtain such
insurance and Buyer shall pay the cost of same to Seller, on demand. Proceeds of insurance may
be applied by Seller to reduce the amounts due to Seller under this Agreement or to repair or
replace the Equipment or Leasehold Improvements, all in Seller's sole and absolute discretion.
18. CONFIDENTIALITY OF RECIPES: Seller acknowledges and agrees that the
Recipes constitute trade secrets of Seller, and Buyer, in consideration of Seller's agreements set
forth in this agreement and otherwise intending to be legally bound, shall keep the recipes
confidential at all times and shall not provide or make known to any other persons the Recipes
except to such employees of Buyer who have executed confidentiality agreements with Buyer in
form and content acceptable to Seller and who are necessary for the preparation of food in
connection with the Business on the Premises. Buyer shall not use or cause to be used the
Recipes in connection with the preparation of food at any location other than the Premises and
then only for the preparation of food to be served on the Premises or in connection with delivery
of food prepared on the Premises to non-residential customers. Seller agrees that in the event of a
breach or a threatened breach by the Buyer or Buyer's employees or agents of the provisions of
this paragraph, Seller shall be entitled to an injunction restraining Seller or such Seller's
employees or agents from disclosing, in whole or in part, the Recipes. Anything to the contrary
set forth in this Agreement not withstanding, Buyer shall, at Buyer's expense, affirmatively
enforce the confidentiality agreements against its employees and agents. In the event Buyer fails
to enforce the said confidentiality agreements against its employees or agents, Seller may, in
addition to any other remedies reserved to Seller under this Agreement and without waiving
Buyer's default of the terms and condition of this Agreement as they relate to Buyer's failure to
so enforce the confidentiality agreements or otherwise, take any and all action necessary to
enforce the confidentiality agreements against Buyer's employees or agents. In such event,
Buyer shall indemnify and save harmless Seller of and from any and all costs and expense
incurred by Seller in connection with such enforcement including, without limitation, Seller's
reasonable attorney's fees and shall pay to Seller any and all such costs and expenses
immediately upon Seller's demand. In addition, nothing shall prohibit Seller from pursuing any
other remedies available to Seller for such breach or threatened breach, including the recovery of
damages from Buyer or Buyer's employees or agents. Buyer's agreements set forth in this
paragraph shall survive and continue to be enforceable by Seller even after payment of all
amounts due to Seller under this Agreement or earlier termination of this Agreement for any
reason.
19. NON-COMPETITION OF SELLER: In exchange for Buyer's agreements and
payments set forth herein and in full consideration thereof, Seller agrees not to open or operate as
a principal or equity owner any restaurant within a three (3) mile radius of the Premises until the
earlier of Buyer's payment of all amounts due to Seller under this Agreement or termination of
this Agreement for any reason. Anything to the contrary set forth in this paragraph or Agreement
not withstanding, nothing herein shall prohibit Seller from the ownership or operation of the
restaurant situate at 598 West High Street, Carlisle, PA 17013 known as Miseno Pizza II Ristorante
("Miseno Pizza II").
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20. NO RESIDENTIAL DELIVERY: Buyer shall not engage in the delivery of pizza
or other prepared food to residences until all amounts have been paid to Seller under this
Agreement.
21. CO IPLLA.NCE WITH LAW: Buyer, at Buyer's expense, shall at all times
throughout the term of this Agreement, maintain any and all licenses, if any, required by any
state, federal or local governmental agency necessary to operate the Business on the Premises.
Buyer shall also be responsible and pay timely any and all taxes fees and other charges due to the
Commonwealth, any political subdivision and the United States in connection with the operation
of the Business on the Premises.
22. HOURS OF OPERATION: Buyer shall keep the Business open to the public at
least Monday through Thursday and Sunday every week from the hours of 10:00 A.M. to 11:00
P.M. and 10:00 A.M. to 12:00 midnight on Friday and Saturday every week until all amounts
due to Seller under this agreement have been paid in full.
23. BUYER'S USE OF NAME: Buyer shall use the name "Miseno's Pizza" for the
Business at all times during the term of this Agreement unless otherwise agreed by Buyer and
Seller in writing or unless it is later determined that the name "Miseno's Pizza" is not available
to Buyer or Seller for use for any reason. Upon payment of the full Purchase Price and any and
all other amounts due to Seller under this Agreement, Buyer shall have a license to use the name
"Miseno's Pizza" for the Business on the Premises so long as Buyer is engaged in the restaurant
business on the Premises. Buyer shall not assign or transfer the right to use the name "Miseno's
Pizza" to any other party without Seller's prior written consent, which consent may be withheld
for any reason whatsoever without regard to reasonableness. Anything to the contrary set forth in
this Agreement not withstanding, nothing herein shall be construed as a warranty or
representation on the part of Seller of the availability of the name "Miseno's Pizza" and Buyer
acknowledges and agrees that Seller has never filed a fictitious name or taken any steps to assure
that the said name is available for use and that Buyer shall not have any recourse against Seller
for breach of this Agreement or for any damages or expense which Buyer may suffer in the event
that it is later determined that the said name is, in fact, unavailable or in the event a third party
claims an interest in the name, "Nliseno's Pizza." Seller is free but under no obligation to file a
fictitious name for "Miseno's Pizza" and to take any other steps to secure rights to the name
"Miseno's Pizza" at any time or from time to time in the future. The agreements of Buyer and Seller
set forth in this paragraph shall survive and continue in full force and effect even after payment of all
amounts due to Seller under this Agreement.
24. SELLER'S PAYMENT OF TAXES. Except for sales tax imposed by the
Commonwealth of Pennsylvania for the transfer of the Purchased Assets which shall be paid by Buyer,
Seller shall be responsible for the payment of all federal, state and local taxes which relate to the transfer
of the Purchased Assets hereunder, and which are attributable to time periods up to and including April
19, 2005, after which, any and all such taxes shall be the responsibility of and paid by Buyer.
25. BUYER'S INDEivINITY. Buyer hereby indemnifies, defends and holds Seller
harmless from and against all claims, liabilities, losses, costs, damages and expenses, (including attorneys'
fees), asserted against Seller which arise in any manner out of Buyer's operation of the Business on the
Premises after April 19, 2005 and including, without limitation, sales taxes imposed on the sale of the
Purchased Assets and in connection with or in any manner arising out of Buyer's failure to observe or
perform each and every obligation under the Lease at such time that such observance or performance is
due.
The indemnification set forth in this paragraph shall survive and continue in full force and effect
even after payment of all amounts due to Seller under this Agreement for so long as Seller continues to be
obligated as a Tenant under the Lease as amended.
12
26. EXECUTION OF OTHER DOCUMENTS. Buyer and Seller shall execute from time
to time any and all further documents, instruments or agreements and do all other things and deliver all
items, which may be reasonably necessary to effectuate and carry out any and all of the provisions of this
Agreement and the transactions provided for herein.
27. NOTICES. All notices, requests, demands and other communications hereunder shall
be in writing and shall be deemed to have been duly given if delivered personally or mailed, postage
prepaid, by registered or certified mail, return receipt requested, to the addresses set forth below, or to
such other address as any party hereto may properly designate in writing received by the other party:
Seller: Vito Iannuzzi
552 Crossroad School Road
Carlisle, PA 17013
Buyer: Strato Marco Della Ragione
1225 Ritner Highway
Carlisle, PA 17013
28. MISCELLANEOUS
a. All of the terms of this Agreement shall be binding upon and inure to the benefit
of, and shall be enforceable by the heirs, executors, administrators, successors, legal
representatives and assigns of Buyer and Seller.
b. This Agreement may not be revised, modified or waived except in writing signed
by all the parties hereto.
C. There are no oral agreements by and among the parties hereto. This Agreement
constitutes the complete agreement of the parties respecting the subject mater hereof.
13
d. This Agreement has been negotiated and executed in Pennsylvania and shall be
governed by the substantive law applicable to contracts made and to be performed in
Pennsylvania.
e. If any portion of this Agreement is adjudged invalid, unenforceable or void, the
remainder shall remain in full force and effect.
f. No failure of Buyer or Seller to exercise and no delay by Buyer or Seller in
exercising any right or remedy hereunder shall operate as a waiver thereof. A waiver on one
occasion shall not be construed as a waiver or as a bar to any right or remedy on any future
occasion for that breach or default or any subsequent breach or default.
g. Any headings preceding the text of the paragraphs hereof are inserted solely for
the convenience of reference and shall not constitute a part of the agreement, nor shall they affect
its meanings, construction or effect.
h. This Agreement may be executed in counterpart, copies each of which shall be
deemed an original, and all of which when taken together, shall be deemed a fully executed
original.
i. The parties represent and warrant that there are no brokers or sales agents
involved in this transaction. Each party indemnifies the other party from any additional claims
made as a result of the others breach of this representation and warranty.
j. Buyer shall not assign Buyer's rights or obligations under this Agreement without
the prior written consent of Seller which consent may be withheld by Seller for any reason
whatsoever and without regards to the reasonableness thereof.
k. BUYER AND SELLER HEREBY WAIVE THE RIGHT TO A TRIAL BY
JURY IN CONNECTION WITH ANY LITIGATION WHICH MAY ARISE BETWEEN THE
14
PARTIES UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT ISSUED IN
CONNECTION WITH THIS AGREEMENT. BUYER AGREES TO THE JURISDICTION OF
THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
AND THE BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
AS THE COURTS OF PROPER JURISDICAITON WITH REGARDS TO ANY LEGAL
MATTERS ARISING OUT OF THIS AGREEMENT AND ANY AGREEMENT ISSUED IN
CONNECTION WITH THIS AGREEMENT.
29. WARRANT OF ATTORNEY TO CONFESS JUDGMENT.
(A) BUYER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS THE
PROTHONOTARY, ANY ATTORNEY OR ANY CLERK OF ANY COURT OF
RECORD, WITH OR WITHOUT DEFAULT, TO APPEAR FOR AND CONFESS
JUDGMENT AGAINST BUYER FOR SUCH SUMS AS ARE DUE AND/OR MAY
BECOME DUE UNDER THIS AGREEMENT, TOGETHER WITH ANY AND ALL
CHARGES, TAXES AND LIENS PAID BY SELLER, HIS SUCCESSORS OR
ASSIGNS, AND IN ANY MANNER AFFECTING OR CHARGEABLE AGAINST THE
PURCHASED ASSETS, WITH OR WITHOUT DECLARATION, WITH COSTS OF
SUIT, WITHOUT STAY OF EXECUTION AND WITH AN AMOUNT FOR LIEN
PRIORITY PURPOSES, EQUAL TO FIFTEEN PERCENT (15%) OF THE AMOUNT
OF SUCH JUDGMENT, BUT NOT LESS THAN TWO THOUSAND DOLLARS
(52,000.00), ADDED FOR ATTORNEYS' COLLECTION FEES, WITH THE ACTUAL
AMOUNT OF ATTORNEYS' FEES AND COSTS TO BE DETERMINED IN
ACCORDANCE WITH THE SECTION OF THIS AGREEMENT ENTITLED
15
"PAYMENT OF COSTS AND ATTORNEYS' FEES." TO THE EXTENT PERMITTED
BY LAW. BUYER RELEASES ALL ERRORS IN SUCH PROCEEDINGS. IF A COPY
OF THIS AGREEMENT, VERIFIED BY AFFIDAVIT BY OR ON BEHALF OF
SELLER SHALL HAVE BEEN FILED IN SUCH ACTION, IT SHALL NOT BE
NECESSARY TO FILE THE ORIGINAL AGREEMENT AS A WARRANT OF
ATTORNEY. THE AUTHORITY AND POWER TO APPEAR FOR AND CONFESS
JUDGMENT AGAINST BUYER SHALL NOT BE EXHAUSTED BY THE INITIAL
EXERCISE THEREOF AND MAY BE EXERCISED AS OFTEN AS SELLER SHALL
FIND IT NECESSARY AND DESIRABLE AND THIS AGREEMENT SHALL BE A
SUFFICIENT WARRANT THEREFORE. SELLER MAY CONFESS ONE OR MORE
JUDGMENTS IN THE SAME OR DIFFERENT JURISDICTIONS FOR ALL OR ANY
PART OF THE AMOUNT OWING HEREUNDER, WITHOUT REGARD TO
WHETHER JUDGMENT HAS THERETOFORE BEEN CONFESSED ON MORE
THAN ONE OCCASION FOR THE SAME AMOUNT. IN THE EVENT ANY
JUDGMENT CONFESSED AGAINST BUYER HEREUNDER IS STRICKEN OR
OPENED UPON APPLICATION BY OR ON BUYER'S BEHALF FOR ANY REASON,
SELLER IS HEREBY AUTHORIZED AND EMPOWERED TO AGAIN APPEAR FOR
AND CONFESS JUDGMENT AGAINST BUYER FOR ANY PART OR ALL OF THE
AMOUNTS OWING HEREUNDER, AS PROVIDED FOR HEREIN, IF DOING SO
WILL CURE ANY ERRORS OR DEFECTS IN SUCH PRIOR PROCEEDINGS.
(B) UPON DEFAULT BY BUYER OF ANY OF BUYER'S OBLIGATIONS UNDER
THIS AGREEMENT, IN ADDITION TO THE ABOVE, IT SHALL BE LAWFULL FOR
ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR AS ATTORNEY FOR
16
BUYER AS WELL AS FOR ALL PERSONS CLAIMING BY, THROUGH OR UNDER
BUYER, AND TO SIGN AN AGREEMENT FOR ENTERING IN ANY COMPETENT
COURT AN AMICABLE ACTION IN EJECT'NIENT AGAINST BUYER AND ALL
PERSONS CLAIMING BY THROUGH OR UNDER BUYER AND THEREIN
CONFESS JUDGMENT FOR THE RECOVERY BY SELLER OF POSSESSION OF
THE PREMISES, FOR WHICH THIS AGREEMENT SHALL BE SUFFICIENT
WARRANT; THEREUPON, IF SELLER SO DESIRES, AN APPROPRIATE WRIT OF
POSSESSION MAY ISSUE FORTHWITH, WITHOUT ANY PRIOR NOTICE OR
PROCEEDING WHATSOEVER, AND PROVIDED THAT IF FOR ANY REASON
AFTER SUCH ACTION SHALL HAVE BEEN COMMENCED IT SHALL BE
DETERMINED THAT POSSESSION OF THE PREMISES REMAIN IN OR BE
RESTORED TO BUYER, SELLER SHALL HAVE THE RIGHT FOR THE SAME
DEFAULT AND UPON ANY SUBSEQUENT DEFAULT OR DEFAULTS, OR UPON
THE TERMINATION OF THIS AGREEMENT OR BUYER'S RIGHT OF POSSESSION
OF THE PREMISES AS SET FORTH ABOVE, TO BRING ONE OR MORE FURTHER
ACTIONS AS SET FORTH IN THIS PARAGRAPH TO RECOVER POSSESSION OF
THE PREMISES AND CONFESS JUDMENT FOR THE RECOVERY OF POSSESSION
OF THE PREMISES AS SET FORTH IN THIS PARAGRAPH.
BUYER ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT
CONTAINS PROVISIONS UNDER WHICH SELLER MAY ENTER JUDGMENT
BY CONFESSION AGAINST BUYER. BEING FULLY AWARE OF ITS RIGHTS
TO PRIOR NOTICE AND A HEARING BEFORE JUDGMENT IS ENTERED ON
THE VALIDITY OF ANY CLAMS THAT MAY BE ASSERTED AGAINST IT BY
17
30.
SELLER HEREUNDER, BUYER FREELY, KNOWINGLY AND
INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND
CONSENTS TO SELLER'S ENTERING JUDGMENT AGAINST BUYER BY
CONFESSION PURSUANT TO THE TERMS HEREOF.
THE BUYER ALSO ACKNOWLEDGES AND AGREES THAT THIS
DOCUMENT CONTAINS PROVISIONS UNDER WHICH SELLER MAY, AFTER
ENTRY OF JUDGMENT AND WITHOUT NOTICE AND A HEARING,
FORECLOSE UPON, ATTACH, LEVY ON OR OTHERWISE SEIZE PROPERTY
OF THE BUYER IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT.
BEING FULLY AWARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED,
BUYER HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES
THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO SELLER'S
TAKING SUCH ACTIONS AS MAY BE PERMITTED UNDER APPLICABLE
LAW WITHOUT PRIOR NOTICE TO BUYER.
Buyer hereby certifies that Buyer's annual income is in excess of S 10,000.00.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date
first above mentioned.
WITNESS:
. .//
4
Strato Marco Della Ragione yer")
ter- _,
Rosalba Della Ragio "Buyer")
Vito Iannuzzi ("Seller")
18
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3'1'ANDARD 110ILM Ltp.ASI!
TIIiS IXASL AGIUMMP.Ml' (file "!.case') is Meade and entered info this _ day DIMaa rpio94, hcttvicen HPT Carl is 1 e
L. P. x af5>Iasa MU (tile 'Landlord'), and $iagi0 Iannu3Z1___ (tire"Tenanl').
W 1 11, N I! S S R T-I l:
T'OR 0001) AND VAI.UAni.Ii CONSIDERATION, he receipt, adequacy, and sufficiency of which is hereby
acknowledged, Landlord and'rcuant, inicndiug to be legally bound, hereby agree as follows:
Awrici.Ii 1
D1!1rINI'I'll)NS AND UUNDA1611!NTA1. PROVISIONS
1.1 Addresses:
f.Anttlnrel: 9enattt 920 Armstrong Road
4515 Harding Rd. # ?- g
Nashville, TN 37205 Carlisle, PA 17013
1.2 Common Areas: Those areas, rACtli?Ies. Improvements, equipment, and Inslalintions, in the St,opPing Ctnlcr wlilclt
are front lints to time dexignnted by I.andiurd for the nonexclusive lose or benefit nr Landlord land Tcnanls of file Shopping
Ccnler, their employees o en?t, cu nters, licensees and Invitees.
Years commencing an the itental Commencement Date n
on 01 .3 1 / "0`9.-I tie rtrst - • t:lUTl'
caused h ummeaccotcn? Dust falling on other thou the first Jay of a ca
or a period of twelve (12) full calendar months.
1.4 Minimum itcnf;
i aa t 1
Sidi Mullah, if ai month, if any,
cc fngleasa-year
--fer,otn ?- OpFt'o N 41 z.
KIL& be y et> r Aiswvai WN . ReP.f
Lease Year Annual Minimum Item Monthly Minimum Rent -7- 8-9 1 1 U 0
1-4b 10,875 906.25. Mo >rt? ?;? ?
a-3 12,000 1000.00
_TMM4 j_ 4-5-ks .L27,-3-7.51213oo 3 8??-r-?5 tba,S' 10'75
LS Permlited Use: Tenant shall lose the Premiscs solely for the following permitted use and for no other purpose
whotaaever. . Wt 1h re- arcs, -to -lent US a c_ge M rota poAj jera,-ck
a1ta?? t,o?e c JtxCalJinaN.n NO Se-"t'r Pik s, Sv? l Sc*",d"_jONLW O.tj.
2.( !'crmlUed '1'rndc Nnmcc S-?,?)„t;t?.t'v Q\8?fLQ$? Y-V
1.7 Premiscs: That certain space commonly know as Space of the Shopping Center, consisting of approximate y 00
_. square feet, as more particularly dcseribcd on 11xhibit 'A' attached hcrcto.
1.8 Prewild Minimum 11mpt:l06250 to be applied to the monthly Minimum Rent first due and Payatalc by Tenant
hereunder,
1.9 iicntni Commencement Milt: September 1, 1994
1.10 Seedily Denosil: NA
1.11 5hnprpinc Center: Thai certain shopping center located inCumberlalmlunty, PA , and more particularly
depicted on 11shlblt 'A" attached hereto, as same cony be uttered, cxponded or reduced from lime to time at the discretion of
landlord,
AiLTtCfX It
DPMISI! OP 1111,14MiSRS
2.1 i.easc: Landlord hereby [cases and demises to Tenant lilt Premises together with file nonexclusive right to use ilia
Common Areas suhjcct to the Rules and Regulation.
2.2 Acccniance rf Premises hX Tenant: Tenant agrees to accept the Premises in an 'AS-IS, WIIPIII!-IS' condition ss
tendered by Landlord"I'enanl agrees ihal no represenlations with respect to like conditions of the Premises and no prontisca
Us decornie, after, repair, or improve, the Premises have been inside by Landlord. Promptly upon the Icnder of possession of
[lie Premises by Londlnrd In Tcnaol, Tenant shall commence and thereafter diligently pursue to cootpiclion all of Tcnont'a
Work in the Premiscs In strict accordance with plans and spccificalions api?rovul b Landlord.
*according to items exhibited under Exhibit B as Landlords work.
2.3 Early Actress; Tenant shall he perntilled access to the Premiscs prior to the Rental Commencement bloat for the
purpose of installing fixfures or for any other pterpose pcreniftcd by landlord. Such curly entry will be at Tenanl's sole risk
and subject in all flat tentts and provisions of this lease as (hough late Itentnl Commencement Data land occurred, except for
the payuteol or Mlnlutumt Rent which ahnll commence on the Italia( Commencement pale; it being specifically agreed and
undersinhd that Tenant shall pay nil charges for temporary water, heating, cooling And liglnin6 fron? the uute upon which
Tennnl is notified the Premises are available forTenaul's work (or from file dale when Tenant commences to perform its work,
if ea(lier) in ilia Premises un11) the licolnl Cornmeneemenl Date. Landlord shall have the right to Impose such additional
condllians nn'I'etpunt's early entry as landlord, in Its sole discretion, deems Appropriate, unit Landlord shall have file further
right to require glint Tenanl eseculc an curly entry agreement containing such conditions prior to Tcnant's curly entry into
Itle Premises,
*and Tenants oro-rata share of the common area maintenance, propert;
2.•t Surrender of Premises: At the expiration.-or earlier tcrmiauaian, of she Lenee Terri, 't'enant shall surrender the IKS . &
Premises to Landlord In a good and broom-clenn condition, rcasonabic wear and tear excepted. 'rcaani :!tall promptly repair taxe
any damage to Ilse Pranises caused by ilia removal of any furniture, trade rixtures, or other pcrsoloni farnperly, permitted to
ho removed by Tcnaul from the Premixes. from
July
. naTicl.r! In '
MINT ANi) o,rill-M CIiARG S
3.2 Utilities: 'T'enant shall promptly pay all charges for utilities and other services furnished to the Premises whether by
Landlord or the applicable utility company. Landlord shall not be liable for Play interruptions or curtailment in utility services
Nether for alteration, repair, or improvement, of the Premises Of the Shopping Center, or otherwise.
J.3 Onerolina Costs: Tenant shall pay to Landlord along Vrlth Its monthly Installment of Tvlinimum Rent, as Additional
eal. 'Tenant's monthly share of all costs Incurred by Landlord in maintaining, lighting, repairing, replacing, operaling,
eaning, painting, securing, managing, and insuring the portions of the Shopping Center which are the responsibility of
'
andlord hereunder, including wilhout limitation, payment of all insurance pren?iurns
bOlnd d) and taxes and assessments associated with Ilic Shopping Center, Iliad
y }?. Pcnnnt's annurd share of Operating Costs shall be computed by multiplying Opcrating Coats by a fraction , the
ah ieh sha 11 numerator of which shall be the number of square feel of the Premises and (he denominator of which shall be the number of
'lot exceed square rector gross leasable wren of tie Shopping Center. Adjustments to estimates or'i'cna,irs sharc of Operating Costs shall
1.25 per he made on ail annual basis, anti adjustments shall be made as to underpayment or ovcrpnynucnt or Operating Costs hy'I'cnuni
square foot upon i!ic annual determination of the Actual Operating Costs for the Shopping Center.
annually
3.4 =ac t xisc?eoaxh?xeoxocxeailtxgdo6xhc?c >i?nelloladclshia oo ?dsa?snfi+xycdt7d ?ti'aoEDaecixb176Dt?fdtX
@tl(ACdS74r11bd1c9hDQbiS107CCC?C[}FRuKht)6dD7}I,hF3fDdD?Gd?A-0G4G7Q6C94!9[X?t:D(4Ci[9tA4411g1?47Q6ctj[hLk9llIC:kX?9010icJC t?1tld4¢lt
3.5 Real. As used herein, the lcrm `llcnl' shall include Minimum Real, Additional Real, Tenant's share of Operating
Costs And all other additional charges or sunts payable to Landlord hereunder. All Rent shall be paid withutkt demand,
deduction or setoff whatsoever.
ARTICLE IV
Pf?itWiTrPD USAGR
4.1 Use: 't'enant shall use, occupy and operate in the whole of the Premises solely for the Permitted Usc and for no olhcr
purpose whatsoever. 't'enant covenants to cmilinunusly operate upon the whole of the Premises solely utilizing Ilte Pennilled
't'rade Nnmc during minimum business hours of 10:00 A.M. to 6:00 1'.M., six days per week or such othee hours as Arc from
tinic to time imposed by landlord. '1'cnnnl Shull not, without Landlord's prior written consent, kccp anything within tike
Premises, or use the premises fair Any purpose which increases the insurance premium cost or Invulidales any insurance policy
7(a fried nn Ilia Premises or the Shopping Center, and Tenant shall pay as Real the amount of any such increase prompily upon
mand by Landlord. Tenant shall observe faithfully and comply strictly with All rules and regulAdons which Landlord may
m time to time adopt for the safely, opcralion, care and cleanliness, of the Shopping Cen(cr or the preservation of good order
Ihercin (Ilse "Rules and Itcgulatim is'). Landlord shall not be liable to Tenant for any violation of the Rules and Regulations,
or for the breach of any eovenarri or condition in any Ieasc, by any other Icnant in the Shopping Center.
Conlrol by Landlord Landlord shall have the right at all times, in Its sole diserelinn, to change the sine, locatlo
eleva n or an orlioo or all of ilia Common Areas, the Shopping Center, or any part thereof; us La may
from time to lima dctcrnttnc, inc a to Pnge the size thereof, to erect buildings tihercon case part or
karts oicrenr, to change the loca on amd sine of the Ian
ali
in s, and l n tons to, sumractions front, or
Tenrrangements a, said buildings. During file tern hereof, Land a right to relocate ilia Premises to a
reasonable location in the Shopping Ccntcr eompnral to the Prcntiaes and on tie terms and conditions as
contained herein. Tenant shall be allow ve all of its leasehold improvements from tic r mrsuunl to such
relocation provided (bat pairs any damage caused by such removal. Landlord shall tender the n cation to
'T'enant in At y the same condition as the 1'remises were in when tendered to Tenant. Landlord may al its fiery,
c Ilils Lease if'1'cnaAl refuses to accept said new lucnlion.
4.3 Ilaznrdona Subsinures. 'I'ukant shall not generate, store, treat, dispose or, install or otherwise use any hazardous
substances on, in, under, air in any way related to, Iltc Premises or any other portion of the Shopping Center, or cause or permit
any such gencrntiun, storage, treatment, disposal, installation or other use with respect thereto. 't'enant shall fully indemnify
and hold Landlord harmless from any liability, damage, cost or expense that Landlord might otherwise suffer from Tenant's
failure to fully comply with the terms and provisions of this Section. 'tlar.srdous Subsiancei ntcnns nail includes any of the
substances, mnlcrials, elculenls, or compounds affected by any other fcderul, state or local slatulc, law, ordinance, code, rule,
I regulation, order, or decree, now or at tiny lime hereafter in effect, regulating, relating to, or imposing liability or standards
of conduct concerning, tiny hazartiuus, toxic, dangerous, restricted or otherwise regulated waste, suhslance, or rualerial.
AlITIC1.r/ V
ALTERATION, IMPAIR AND MAINT11NANC11
5.1 Allcrnllons by Tenant: 'rcauni shall not make any alterations (including, but not lintiled to, allcrallons to the
exterior, the storefront, signs and/or utility lines or systems within or serving the Premises), nor secure any fixture or
apparalus, to the Prcndscs without Landlord's prior written approval, said Tenant shall promptly remove upon order from
Landlord any decoration or alteraliou made air installed upon the Premises wilhout Landlord's writlcn consent. Landlord shall
have the rigid in run utility lines, pipes, couiltill, wire, duclwofk, or sprlakler systems, where necessary, through. In, or beneath,
the 1'renrlses, and malntuin same in a manner which does not unduly interfere with Tenant's use thereof. All alterations,
fixtures, hettermcnls, and improvcnictUs, i nude to, or installed upon, the Premises shall remain upon lhu Premises, and shall
become Landlord's properly upon lite expirallon or earlier turnihtution of this Lease, unless Landlord shull require Tenant to
restore Ilia 1'rcmisca to its original condilion.
5.2 Rcnitlrz by Tenant: Tenant shalt kccp by routine rnaititenanee, repair, And replacement, at its sole cost and expetlsc,
the interior of the Premises, together wlth the storefront and all doors and windows of the Premises, and all electrical,
plumbing, healing, ventilating, air conditioning, sprinkler systems, and any other mechanical installations serving the Premises
or located therein, whether or not in or under the rloor slob or on the roof of the Premises, is good condition and working
order. 'T'enant agrees to employ a suitable cnulractor appruved by Landlord to perform Tetaat's ohligatiuns for ntAinlcnance
of the hauling, cooling and ventilating units of the Premises, including ut least semiannual inspections and cleaning of the
system iogctlacr with such xervieing as cacti such inspection shall disclose, or as shall otherwise be reasonably required by
Landlord. lit the event Tenant falls to pciforn its mahtlcnance, repair, or replacement obligations as provided herein, landlord
may, at its option, perform such remedial action on behalf of Tenant, And'i cnalt: Agrccs to IM :0 I.a;:d!ord, A. Additional
]tent, the cost lbercof plus fifteen (15.0'1•) percent overhead promptly upon demand lay i.aadlord.
5.3 Licns: Tenant hereby Indemnifies Iandlord against, and shall keep the Premixes And the Shopping renter free from
(lens for any work performed, material furuished, or obligations incurred, by or on behalf of Tcnanl and shall discharge or bond
any lien riled within ten (10) days after filing.
L '
Alt'I'ICI'V yl
CASUAI:1'Y ANO C-ONDYWINIATION
6.1 C_rsunlty. Landlord shall have the right, upon thirty (30) days prior written notice lo'l'cttnnt, to Icruinatc this (,case
in the event (i) the premises is drnsuged by fire or other casually to lire rxtenl of more Ilrun left (110.CM) perecat of the
replacement cost thercor, (it) lite Shopping; Center is damaged by fire or nihcr casualty to file extent of then (10.0'Yo) peres;nt
or more of the replaeancnt cost thereof, (iii) any damage to lase premises cannot, in Landlord's sole discretion, be repaired
within rtlncly (70) days of the date of such dansnge, or (iv) Lite Treatises is damaged or destroyed during the last Ihirty
(300/o)pcrceni or the Lease tern, or during any renewal or exlension term of l his beast, If Landlord should elect to repair or
rebuild the premises because of any damage or destruction, Tenant shall replace all work and improvements originally installed
or pcrlormcd by Tenant at Tenant's cspcnse.
C.2 Condemnation: If the whole of the Treatises, or so much thereof as to render the balance unusable by Tenant, shall
be taken under power of eminent domain, or otherwise transferred in lieu Ihcrcof, or it any part of the Shopping Center is taken
and its continued operation is not in Landlord's sole opinion, economical, ibis Lcase shall automatically terminate as of the
date possession is taken by the condemning artthnrily. No award for ally lolal or partial taking shall be apportioned, anti
Tenant hereby unconditionally assigns to landlord lttly award which may be made in such taking or condemnation. In the
1 cvenl of a partial inking which dots not result in the termination of thls Lease, Mtnlnuun Rem shall he upportioncd according
to lite part of ilia premises rcmuining usable by Tenant.
Alt"ri(:ld: ytl
INSUItANCI! AND INDVIVINIPICATION
7.1 Insistence: 'rcnunt shall tuaintain at its sole expense, commencing upon the date 'f ennnt talecs possession of ilia
Treatises and continuing throughout the l.easercrin, eonunereial liability Insurance covering the Premises in a crsnrhined single
limit umounl or not less than sl,nno,o0(1.00 naming Landlord and any rtsorlgagce(s) of the Shopping Center ns additional
insureds thereunder. 't'enant shall also keep in force, at its sole expense, fire and cxlcndcd coverage isssurunce for the fult
replacement value of,Tenant's improvcmctus anti Tenant's propcrty, Including, but not Ilmilcd to, inventory, trade fixtures,
furnishings and other personal properly, naming landlord and mortgatec(s) of the, shopping Center as additional insureds
thereunder. The fire wild extended coveraptc insurance maintained by Tenanl sltull be written sn as to provide that the insurer
waives all right of recovery Isy way of subrogation against Landiord in connection with any loss or damage covered by Ilse
policy ('1'entssst for itself, Its successors and assigns, hcrchy waives any righl of recovery against Landlord, its succcssors or
assigns, by virtue of any casualty to late Treatises or list Shopping Center). In ndditinn, Tenant shall keep in force Workman's
Compcnsallon at similar insurancc to the extent required try law. "Tenant shall deliver suid insurance policies nr ccrlificales
thercof to Landlord wilbin ten (10) days or list commencement of late Lease Term; Landlord havinL the right, tit its snit
discretion, to approve the insura nee carrier utittsetl by Tenant zit connection with the Premises. Should Tenant tali its effect
the insurance called for herein, tatiOlurd may, at Its sole option, procure suid inssuraorc and pay ilia requisilt premiums, in
which evcm,'Tcssant shall pay all sums so expended pins fifteen (15.0%) percent as overhead in Landlord, as Addiliodal Item,
immedialely upon demand. Each insurer under the policies required hereunder shall agree by endorsement of the policy, or
by indcpcndel?t inslrttncnl furnished tolandiord, that it will give Landlord at least riftccn (15) days prior written notice before
any policy or policies affecting 11te Premises sltull be altered or cancelled.
7.2 Indemniflomtow Tenant !tetchy agrees to indemnify and hold Landlord, and 'any morlgagce(s) of the shopping
(:enter, harmless from any and silttclaims, damages, liabilities or expenses arising out or (a) 'Tenant's use of the Premises or
the Stopping Ccntcr, (b) any and nil clninns arisingfrom any breach ter dcfault in the performance of any obligation or'1•cnanl,
(c) any act, omission or negligence of'1'cnanl, its agents, employees, Invilccs or contractors. Tenatll further, releases Landlord
Unm liability for arty damages sustained by Tenant or any olhcr.person claiming by, through, or under, Tenant due to Ilse
Premises, file Shopping Center, or any part thereof, or ally-appurh:nances thereto. Iteeomtng out of rcplair, or due lit the
happening or any accident, including, without limilatlon, ally damage caused by water, snow, windstorm, lortrndo, gas, steam,
electrical wiring, sprinkler system, plumbing, healing and air conditioning apparatus, and from any -sets or omissions of co-
tenants sir other occupants of late Shopping Center. Landlord shall not be liable for any damage to or loss or'I'enanl's personal
property, inventory, fixtures or improvements, from any Cause whatsoever, except the affirutrtivc acts of proven negligence
of Landlord, and Ilicn only lit Ilse extent not covered by insutanec to be obtained by'1'ennnt in accordance with Section 7.1.
Awr1Cf.ft yll
nls.IrAt)1:1' AND lli?Mfrl)Ifiti
11.1 nvenls or Dcfaull: ht the event 'Tenant (I) falls to pay all or any portion of any sum dot from'Tennnt hereunder or
pursuant to any exhibit Irerelo within five (5) days folluwlnt the giving of written notice; (ii) fails to cease all conduct
prullhiled hereby Irnntcdlately upon receipt of written notice from landlord; (iii) rhlls to like nctinns in accordance with the
provisions of written notice front Landlord to remedy'rcnani's failure to perform any of the terms, covcnanls anti conditions
of this Lease; (iv) fails to conduct business in late Premises as herein required; (v) commits an act in Ablation of This Lease
which Landlord has previously notified Tenant to cease mare than once in any Lease ear; (vi) becomes bnnkrupt, insolvent or
files any debtor proceeding, takes or has taken agalusl Tenant any petition of bankruptcy; takes action at line action taken
against Tenanl for Lite appoitalntlenl of a receiver for all or a portion of 'Tenant's assets, files a petition for a corporate
reorganization; makes an assignment for the benefit of creditors, or in any other manner "t'cnnnt's interesl hcrcundcr shall pass
to another nperaUon of law (any sir till of the occurrences in this subsection being deemed u dcfault on account of bankruptcy
of the purposes hereof and such default on account of bankruptcy shall apply to and include any guarantor of this Lcase); (vii)
consndts waste to (lie Premises; or (viii) is otherwise In breach of Tcnanl's obligations hereunder and shall nol have cured such
defurtlt within fail (10) days following written notlec from Landlord; than Tenant shall he in dcfault hcrcundcr and landlord
tray, tit its option and without further notice to Tenanl, terminate Tenanl's right to possession of the Treatises and without
Icrtssinating Illis Leasc re-cnler and resume possession of ilia Premises, with or without resort to process of ,•tay court, cilhcr
by force or otherwise. Notwithstanding such rc-entry by Landlord. Tenanl hereby indemnifies and holds Landlord harmless
from any and nil loss or damage which Tenant may incur by reason of ilia termination of this Lcasc aullur Tcnanl's right to
possession of the Premises abrogale Tcuant's agreement to pay Rcpt for Ilse full Lcase 't'erm. 11ollowins rc-entry of the
Prunlscs by Landlord, Tcnant shall continue to pay all Beal as it becomes due under ilia terms of this Lease, or at Landlord's
option, all item far file belittler n( ilia Lease Term shall be deemed inuncdialcly due and payable by 'Tcnaw to Landlord,
together with all other expenses incurred by Landlord lit rcgoining possession; it being understood that Landlord shall have
no obligations to miligate'I'enant's damages by retailing ilia premises.
8.2 Rights and Itcntcdics: The various ril;hls and rcmcdlcx herein granted in Landlord shall be cuundalivc slid In
addition to any other rights sir rcmedics which Landlord may be entitled to nl law or In equity. Tile exercise of one or more
rights or rensodics of Landiacu shuli our impair laadlcrd's right to cxercist cny olhc! right or rcmctly. In all evcols, Landlortl
%limit have the riglsl, upon notice loTcntult, to core any breach by"I'cnanl, at Tcnnnl's sole cost and cxpcnsc, raid Tcnrrstt shftli
rcinsburse Landlord for such casts and uxpcuscs plus fifteen (15.0'Yo) percent as ovtnctatl, btsuscdialcly upon demand.
ARTICIM IX
ASSIONMI!N'I' AND SUlli.f ITINCI
n t A..,........., -_.t c..,.t_..i.. _. -- ---. _,. ,, - - _,.,. -
r
1 ARTIC1.r: X
A'1'1'0I1NMf?N'1' AND SUIlo11DINATTON
10.1 Atlornmeni: Tenant shall allorn and be bound to any of Landlord's successors under Of the terms , covenants and
conditions of this Lease for the balance of the I.ens : Term, as renewed or extended.
10,2 Subordination: This Lease is, and %111111 tic, subordittalc to tile lien of any mortgage, security decd, decd of trust, or
the lien resulting from nosy other method tit financing or refinancing now or hereafter In force in connection with the Shopping
Center (collectively, 'Mortgages ), and to any and all advances to be etude under such Mortgages and all renewals,
mndifications, extensions, consolidations, And replacements thereof. The aforesaid provisions shall be self-operative, and no
further instrument of subordination shall be required to evidence such subordination. 't'enant covcnuuts acid agrees it) execute
and deliver, upon demand, such further instrument or instruments subordinating this i.casc on the foregoing basis to the lien
of any such Mortgagcs as shall he rcqucslcd by Iandlord and any mortgagee(s) of the Shopping Ccnlcr, "rcnant hereby
irrevocably appninis Landlord the attorney-in-fact of ircnant to execute and deliver such instrument or instruments within
tell (10) days after written nolice.
AlITIC1,11 );T
MiSCRI,LANf.OUS
11.1 Altorney's rtees: 'rcnant silicas pay rcnsonable allorney's Pecs Incurred by Iandlord in the enfurecount of any or the
terms, covenants, or provisions of this I,cnsc.
11.2 I.alc Chames: All pent not iioid when due shall bear interest at the highest Icgat rate not to exceed eighteen percent
(18.075) per annum calculated from lice clue date of such Rau. Tenant shall, In addition, pay as Additional Itent a fee of
smo0 roe processing of tale payments.
11.3 Accord And Snllsfaclion: No payment by Tenant or receipt by Landlord of a lesser amount than the charges herein
stipulated shall he decmed to be other than on account of the earliest stipulated charges, nor shall any endorsement or
slutemenl on ¦ny check or letter accompanying any check or paymcnt he deemed nn aecurd and satisfnetion, and Iandlord
may accept such check or payment without prcjudlcc to I.andlurd's right to recover the balance of any amounts due hereunder
or to pursue any other remedy provided herein.
11.4 Time of lissence: 'nmu is ot, i'lll; riSSUNCi: oP TIIIS LIiASC.
11.5 Ilnidlnc over. If 'rcnant holds over at the end of Ilse Least: Term without the wrlIt en cotlscnt of Landiord,'fcnant
shall be deemed a tenant-al-sufferance And Tenant shall pny to Landlord, during each month of such holdover period, as
liquidated damages, a skills equal to double the highest autount of (lent paid by Tcnant to l indlord during oily month of the
[.case'Term, provided, however. Acceptance of Refit by Landlord shall not be interpreted as a grant of permission for "Tenant
to continue in possession of (lie Premises.
11.6 SCVe1`2bili1Y! In the event any provision of this Lease to ally extent shall be decmcd invalid or unenforceable, the
remainder of this I.cnso shall nol lie affccled thereby, and the I.caxc and the remaining provisions thereof shall be valid And
enforccahle to the full extent pennflled by law.
11,7 lawaeacx?c?ftxyoal??x??.ci?taex?a>a?>ISaoaa>?sdct?ox?q>:a?o4toi?xxoatcaaad?a?aicuaaaa cotacocxx fxixltoocoo t
MNOC)1fIXWXDfX%K1X CM*KDV"I14KVQXXXXXXXX](' ?( q(k,?(y ? 1X r??(f k•,,?{x} a2 ,?.
D6DEDj! xlrQegUnx1aK01;octftQCVClaxea?a4?li?exxitydntnsxasoda tit;icxaoaaaDod?ocs#mtowosc?r.?w:yxxnmc,;dOdxsr?,rseSaic'li?yC
x x Pt?sCV stag lEQax vtl .
11.9 Waiver. No waiver by Landlord of tiny provision of this I.easc shall be decmcd to be it waiver of any other provision
Itcrcnf or cif any subsequent breach liy'1'cnant of Tile same provision. Landlord's consent to, or approval of, any act by Tenant
shall not be deemed to render utnicccssary the obtaining of Landlord's consent lo, or approval of, any subscgucol act, No
agrcemcul by landlord to accept "!'chant's surrender of the Prelllises Shall be valid unless in writing from Landlord.
11.9 Right of Policy: Lundlord shall have free access to the Premises at all rcasonabtc limes to inspect the Premises and
to make such repairs, additions, Improvements, changes or alterations to the Premises or the shopping Center, as Landlord
cony elect.
11.10 Successors and Assil;ns: l9xcepl ns otherwise provided hcrcin, this Lease shall he binding upon And inutc to the
benefit of the parties hereto and their respective heirs, personal representatives, executors, successors and assigns.
11.11 lieadines, Cnolions and Rcrerences: 'rlic Article and Section Captions contained is This Lease are for 'eouvenienec
only and du not in ally way Iimil or amplify tiny terms or provisions hereof. 'rise use of the terms 'Itcrcof and 'hcrcin' shall
refer to this I.case as a whole, except where noted otherwise.
11.12 Survival of OhliliAlinns: The provisions of tills I.ease with respect to any obligation of Tcnant, including, without
llntilnilou, any indemnities of Tcnam eoutained in Luis I.ease, acid Tcnant's covenant to hay real, shall specifically survive the
expiration or earlier termination of this I.casc,
11.13 I.nitmord nnd'renano Itclnlimtship: Nalhing herein contained shall be deemed or construed by the parties hereto,
nor by any other party, as creating the relationship of principal and agent or of partnership or of joint venture bclwcan like
parties herclo. No estate shall pass from landlord to'fcnanl, slid tills l,case shall not be subject to levy or sale.
11.14 Cmtnlerclaim and Jury '!'Flat: In the event that the Landlord commences any summary proceedings or action for
nn ipaymenl of Itcal or other charges provided for in this i.atsc, Tenant shall not interpose any counterclaim of any nature
or description in any such proceeding or action. 'fcnant and Iandlord bout waive a trial by jury of any or all issues arising
in any action or proceeding bcIwccn the parties hcrctu or their successors, under or connected with thin Lc:uc. or any of its
provisions.
11.15 Notices: Any notice required or permitted to be given hereunder shall be in writing and may tic given by personal
delivery (including, without limiuttion, any nationally or regionally recognized overnight delivery service such as Federal
l;xpress), or by U.S. Certified Mail, passage prepaid, return receipt requested. If notice is to be sent to l.audlord, such notice
shall be uddresscs to Landlord, at the arltiress sct.forth In Seetiou 1.1 or this I.ense. If notice is to he sent to 'tenant, such
notice shall be addressed to Tenant at like address set forth in Section 1.1 of this Lease, or by posting .such notice to the
Premises. Notices and demands shall be dt:cnled to have been given (i) upon the date of depositing in the U.S. Mail, if sent
by Certified Mail, (ii) upon delivery if personally delivered, and (iii) upon posting, if posted to the Premises.
11.16 Itcpresentntlons: Tenant acknowledges that neither l.AUdlord nor 1.andlord'x Agents, employees, or contractors linve
r
"lade any represcnlations or promises with respect to the I'mmlacs, tits Shopping Caucr, or this l.cusc, csccpt As expressly
I- . u
or the date or'reninvs eiaim against landlord, or (it) Landlord's equily Interest In the Shopping Center. Landlord as used
herein, shall include any assignee or other successor of the original landlord or its successors or assigns.
11.18 Jurisdiction: The laws of lite Stale in which the Shopping Center Is localcd shall govern the interpretation, validity,
performance, and enforcement or this i.ease.
11.1'1 Estoppel Certificates: Within ten (10) days after written request by Landlord, Tcuani shall execute, acknowicdsc,
and dciivcr to landlord, or to such other party as cony be designated by Landlord, a certificate stating that this Lease is in
full force and effect and has not bccn modifieti, supplemcnicti or--anundett in tiny way, except as indicated in such certificate;
that all conditions and ngrecmcnis hereunder to be performed by Landlord have been satisfied or performed, except as set
forth in said certificate, that 't'enant is not in default in the payment of Rcnt or any of the other oblig: lions required of Tenant
hereunder, and that'renant has paid pent as of the date set forth in the certificate.
11.20 Pntire Aareement: This Lease constitutes the entire agreement hctween the parties hcrcto with respect to the subject
matter hereof and no subsequent amendment or agreement shall be hinding upon clthcr party unless it is signed by each party.
The submission or this I.ense shall not constitute an offer to [.case by landlord and this I.CaSe 311.111 not be binding unless and
until it is signed by Landlord and'rcitatit.
11.21 Exhibits anti Addenda: All exhibits And addenda Attached to this I.case are by this reference incorporated into this
Lensc. Insofar as such exhibits or addenda conflict with any or tltc terms or provisions contained in the text of this Lease, We
terms and provisions.-OT such exhibit or Addenda shall govern And control.
11.22 Initial 1?stimnte of n Gratin Costs: Landlord and Tenant Itcreby agree that Tcnanl's pro rata share oroperaling
Costs are initially estimated to Im per square fool of the Premises per annum.
IN WITNLtSS WL IMPOR, the purtics hcrcto have executed this Lease under seal file day and year first above
writlcn.
Witness
1
i Hess
I
LANDLORD ,
HPT Carlisle, L.P.
nY: Its General Partner
HP In
TENANT
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Biagio nu,zi
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EXHIBIT B
Tenant Build-Out
I. Landlords work shall consist of:
1) Drywall or exposed masonry at demising walls (drywail, taped, sanded, and
ready to-receive paint)
2) 2x 4' lay-in ceiling with exposed metal spline,
3) 3 tons of heating, ventilation and air conditioning system, Including powor
and control wiring, rigid ductwork, flexible ductwork, ceiling diffusers and
ceiling return air grilles and sprinkler system.
4) Electrical panel for 100 amp service, three phase wall outlets spaced at 20'
on center exit and emergency lights to meet codes. Telephone conduit
sleeve stubbed into space 2'x 4' recessed fluorescent light fixtures at
ceiling.
5) Two (2) restrdoms to meet code including plumbing fixtures, plumbing
vent, toilet exhaust, walls, one door, vinyl tile.
6) Vinyl tile floor covering throughout entire space.
7) Other items agreed to by both landlord and Tenant upon the approval of
Tenants plans.
All items of work required for completion of the tenant space not provided in the article
herein shall be done by the Tenant at Ten 's-expense,
Mar 3r ?75 o1.! p,, Dp Ocke napierr,
615-591 -•y473
T
JUL-L,12" Al NO L.
lU Y-1 d"l H:iS AV rr;? NU, 1 al" 4i' X415
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1', U1
HPT & Associates, Inc.
779 f01'1r7 .,.avtt+,'%btv313,N-4-.61k,TN 3T'CJ ph"Iv; (!,!5)742.6;Mt ? s •F3%: (6!5)741-6415
JjjlV ' 8, 2000
Mr, Ronny lannuzzi
Miseno Pizza
1225 Ritner Highway, Suite- B
Carlisle, PA 17013
Dear Benny:
Pursuanf to our review of your lease agreement, the owner, HPT (Carlisle), L.P. would As
to pr3seni lie opportunity for you to renew your lease agreement for three (3) years at the
following monthly amount:
9101/00 .... , _ . $1,231.25 per month
ar,d the option to extend an additional three years at 51,231.25 per month.
it i; widerstood that ;ill terrns and cvnditians applicable to the lease agreement executed
briwean HPT (Carlisle), L.P. and Biaglo lannuzzi writ remain the sarne.
F'io,?sa acknowledge your acceptance of these terms by your signature below.
Thank you for your interest.
Kindest Regards,
_ u
Brad Thomasor
IiTls
Reco, ea-'- n-t4 A014
l/
Acknowiedged and Accepted this 18th day of July, 2000,
r r ,
r?
//11 ?
,fit
Ma~ ?^ L'= 1':??'c Brocke Mapipr 615-531-947:1
p.2
MOT ,& ASSOCIATES, INC.
1124 Central Pike s Hermirjge, TN. 37076 • Phoue 615.399.S893 - rax 615.874.8005
Uecetnbc r 6, 2001
Misetio Pi:?rzz
.Mira: Vito & Suzanne 'Laimuzzi
1225 Ritncr Huey
C'arlisle, }'A. 17013
Re; Lease Renewal
Dear Vito & SLIZd le,
Pursuant to our review of your lease agrcerrwrit, the owner, 1-11'T Carlisle, LP would like
to change the tenant Paine to reflect deleting Biagio lanruzzi and adding Vito IaMU77i
per your ru, lucst.
As of December 1, 2001 the tenant name on the said lease agreement will change to Vito
lannuzzi.
I'leasa sign below and return the original to our office. Feel frec to call me
615.399.8893 if you have any questions or concerns.
'N'igh Kindest Regards,
.icartne Vanover-Wright
Acknowledged and accepted this _&?. day of , 2401.
Vito lanmvzi. Mliseno Pizza
]Enclosure; Copy of original least dated September 30, X101
K? ?
rar 1.7 05 02:17p
Brocke Napier
HPT Carlisle
4124 Centra) Pike
Hermitage, TN 37076
(615)399-8100
July 23, 2003
Vito Iannuzzi
Miseno Pizza
1225 Rimer Highway
Carlisle, PA 17013
Dear Vito:
615 -591 -94-2
Pursuant to our review of your lease agreement, the owner, HPT Carlisle is pleased to
present the opportunity far you to renew the lease agreement for ten years; at the
following monthly amounts.
Monthiv Rent Additional Rerrt Total Rent
9/1/03 - 8/31104 1,150.00 218.75 1,368.75
9/ 1 /04 - 8131/05 1,150.00 250.00 1,400.00
9/10'05 - 8/31/06 1,225.00 281.25 1,506.25
9/1/06 - 8/31!07 1,225.00 281.25 1,506.25
9/1107 - 8,131/08 1,300.00 312.50 1,612.50
9/108 - 8/31109 1,300.00 312.50 1,612.50
9r 1,09 - 8;'31/ 10 1,375.00 343.75 1,718.75
9%1110 - 8131111 1,375.00 343.75 1,719.75
9/1111 - 8,131/12 1,450.00 375.00 1,825.00
9/1112 - 8/31/13 1,450.00 375.00 1,825.00
It is also bereby understood that all terms and conditioes applicable to the lease
agreement executed March 1994 between HPT (Carlisle), L.P. and Biaglo Iannuzzi
(subsequently assigned to Vito Iannuzzi on December 1, 2001) will remain the same,
with the exception of Section 3.3 Operating Costs which should read as follows:
3.3 Qag atingCosls: Tenant shall pay to Landlord along with its
monthly installment of Minimum Rent, as Additiora1 Rent, Tenant's monthly
share of all costs incurred by Landlord in maintaining, lighting, repairing,
replacing, operating, cleaning, painting, securing, managing, and insuring
the portions of the Shopping Center which are the responsibilir, of .landlord
hereunder, including without limitation, pRpncnt of all in-wirance premiums
p.2
Vi
Oar 17 C5 Q2:18p Brooke Napier 615-551-84?3 p,3
HPT Carlisle
4114 Central Pike
Hermitage, TN 37076
(615)399-8100
and taxes and assessments associated with the hopping Center. Tenant's
annual share of Operating Costs shall be computed by multiplying
Operating Costs by a fraction, the numerator of which shall be the number
of square feet of the Premises and the denominator of which shalt' be the
number of square feet of gross leasable area of the Shopping Center.
Adjustments to estimates of Tenant's share of Operating Costs shall be
made on an annual basis, and adjustments shall be made as to
underpayment or overpayment of Operating Costs by Tenant upon the
annual determination of the actual Operating Costs for the Shopping
Center, which shall not exceed 53.50 annually
Please acknowledge your acceptance of these terms by yoir signature below.
Please call me at 615-399-8100 should you have any questions or concerns.
Thank you,
??? llJ
Brooke Napier
5? .87
Acknowledged and accepted this day of 0r .2003-
Vito Iannuzzii
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=? < - - - -- - ------ -- -- --- - ----- - --
C' t cx -- -- -- -
Pizza Round
u? Large r'izza - 16- ........... $8.50
j Medium Pizza - plain i 14"I ..................... $7.50
II Small Pizza - pl,-iin ! 12") .......................... 56.50
Pizza Special
Large Pizza (16" ............................ S 15.00
Medium Pizza ( l 4"? ............................. S13.50
Small Pizza (1 Z') ................................ $ 12.00
Stuffed Pizza
Ham ¦ Salami ¦ Ricotta & Mozzarella Cheese
Large Pizza ......................................... S15-00
Medium Pizza ..................................... S 13.50
Small Pizza .......................................... $12.00
Stromboli
Large .................................................... $9.80
Medium ............................................... $5.65
Stealc-boll
Large ......................................... ........ $10.55
Medium .................................... ........... 56.25
Large Veggie Boli ........................ ........ S10.60
Medium Veggie Boli ................... ........... S5.50
Large Chicken Steak Boli ............ ......... $10.55
Medium Chicken Steak Boli ........ ........... $6.25
Calzone
Large .................................................... $ 9.80
Medium ................................................ 55.65
Large Veggie Calzone ......................... S10.60
Small Veggie Calzone ............................ 55.65
Sicilian Pizza
Plain (16") .............................................
Special (16") ........................................
White Pizza
Ricotta Cheese ¦ B-occoli
Fresh Garlic ¦ Fresh Tomatoes
Large (16") .................. _ .......... S 1 1.50
Medium ( 4") ............... .............. S10.50
Small (12 ........................... ............. 59.50
Extras
Extra Cheese ¦ Pepperoni ¦ Mushrooms¦ Ham
Sausage ¦ Peppers ¦ Ground Beef ¦ Salami
Onions ¦ Anchovies ¦ Meatballs ¦ Black Olives
Large (16"" : ............................................ 51.60
Medium (14") ....................................... S 1 .40
Small (12") ............................................ S 1 .30
Slice
Any 1 topping add S .20
Round ................................................. S I.50
Sicilian ................................................. $1.65
Veggie ................................................ 52.40
Mini Boli ............................................... 54.20
Stuffed Pizza ......................................... $2.50
White Pizza ........................................... $1.85
Pan Pizza Slice w/ Pepperoni & Sausage .... S2.50
Italian Roll ............................................. 53.25
Steak Roll .............................................. 53,25
Hamburgers
Hamburger ........................................... 52.10
Cheeseburger ....................................... S2.20
Hamburger Deluxe ............................... 52.70
Cheeseburger Deluxe ........................... $2.90
Party Subs
6 Foot Sub. - .... ................................... $ 52.00
$9.50 4 Foot Sub .......................................... $33.00
15.50 2 Foot Sub ......................................... $22.00
Please place order 24 hours in advance.
Side Orders
French Fries .......................................... $1.65
Onion Rings ........................................ $1.70
Mozzarella Cheese Sticks (6 piece) ......... S4.25
Chicken Breast Deluxe w/ Fries, LTMO... $4.50
Shrimp Basket w/ Fries .......................... 55.50
Pizza Fries ..... .......................... $2.40
Breaded Mushrooms ............. ................ $3.25
Chicken Fingers w/ Fries ....... ................ S5.00
Buffalo Wings (12 piece) ....... ................ $ 5.80
Buffalo Wings (6 piece) ......... ................ $3.00
Cheese Fries ......................... ................ 52.50
Every Day Special - Two Large Pizza's with one topping of your choice! - $14.99
Exh, olt " C--,,
10
Law Office of
Richard P. Mislitsky
One West High Street
P.O. Box 1290
Carlisle, Pennsylvania 17013
Telephone (717) 241-6363 Fax (717) 249-7073
Richard P. Mislitsky
Daniel J. Menniti, Esquire'
January 13, 2012
(Via Certified and regular mail)
Strato Marco Della Ragione
Rosalba Delle Ragione
1225 Ritner Highway
Carlisle, PA 17013
RE: Miseno's Pizza
Dear Mr. Ragione:
Dear Mrs. Ragione:
Karl M. Ledebohm, Esquire2
Mark W. Allshouse, Esquire3
I represent Vito Iannuzzi in connection with the agreement of sale dated April 19, 2005
by which Mr. Iannuzzi agreed to sell and you agreed to purchase the assets of the business
known as Miseno's Pizza (the "Agreement") located at 1225 Ritner Highway, Carlisle, PA
17013 (the "Property").
As you know, you are in default of your obligations under the Agreement due to your
failure to make payment of the installment due to Mr. Iannuzzi under the Agreement.
Specifically, no payments have been made since September 2010.
As a result of your default under the Agreement, Vito Iannuzzi hereby accelerates all
amounts due under the agreement and demands the immediate payment of all such amounts
which, as of the date hereof, is in the amount of $77,108.40, calculated as follows:
1. Outstanding principal $70,345.38
2. Interest as of 1/11/2012 4,820.52
3. Legal fees 1,942.50
4. Total due as of 1/11/2012 $77,108.40
Interest continues to accrue on the above obligation at the rate of $11.56 per day.
Unless payment in the amount of $77,108.40, together with additional interest to the date
of delivery, is delivered to Mr. Iannuzzi within fifteen (15) days of the date hereof, Mr. lannuzzi
has authorized my office to pursue any and all remedies available to Mr, lannuzzi under the
Agreement and at law or in equity without further notice.
1 Of Counsel - Practices independently as Daniel J. Menniti, Esquire
2 Of Counsel - Practices independently as Karl M. Ledebohm, Esquire
a Of Counsel - Practices independently as Christian Lawyers Solutions, LLC
EXHIBIT B
?r Y
If Mr. Iannuzzi is forced to resort to legal action to enforce the Agreement, among other
things, a judgment may be entered against you granting to Mr. Iannuzzi possession of the
Property and the restaurant at 1225 Ritner Highway, Carlisle, PA 17013. In such event,
you may be forcibly evicted from the Property.
A judgment for all amounts due under the Agreement together with attorney fees, costs
and additional interest may also be entered against you.
Nothing herein shall constitute or be construed as an agreement on behalf of Mr. Iannuzzi
to accept any terms and conditions in exchange for payment of the amounts due under the
Agreement except for the immediate payment of all amounts due to Mr. Iannuzzi. Nothing
herein shall constitute a waiver of any rights or remedies which Mr. Iannuzzi may have under the
Agreement or at law or in equity to collect the balance of the indebtedness due under the
Agreement without further notice, including, without limitation, the right to accept and apply any
partial payments made on the Agreement without waiver of any demand for payment in full of
all amounts due under the Agreement. Nothing herein shall constitute an agreement on behalf of
Mr. Iannuzzi to postpone or extend the maturity date under the Agreement.
Mr. Iannuzzi's looks forward to the receipt of payment in the amount of $77,108.40 on
or before January 28, 2012.
Very tpfi1 yours,
Richard P. Mislitsky
CC: Vito Iannuzzi
Karl M. Ledebohm, Esquire
VITO IANNUZZI IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs. : NO.:
STRATO MARCO DELLA RAGIONE
A/K/A STRATO MARCO DELLA
RAGIONE t/d/b/a MISENO' S PIZZA
A/K/A STRATO MARCO DELLE
RAGIONE and :
ROSALBA DELLE RAGIONE aWa
ROSALBA DELLA RAGIONE
DEFENDANT CIVIL ACTION -LAW
EJECTMENT
VERIFICATION
I, Vito Iannuzzi, hereby verify that the statements made in the foregoing pleading
are true and correct to the best of my information knowledge and belief. I understand that
false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating
to unsworn falsification to authorities.
?-i
Date: 2-
Vito Iannuzzi
4
?~ !'LED-DF f= ICS
THE PRCTHDNDTAR'f
Richard P. Mislitsky, Esquire
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6363
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
V ITO IANNUZZI
PLAINTIFF
Vs.
STRATO MARCO DELLA RAGIONE
a/k/a STRATO MARCO DELLA
RAGIONE t/d/b/a MESINO'S PIZZA
a/k/a STRATO MARCO DELLE
RAGIONE and ROSALBA DELLE
RAGIONE a/k/a ROSALBA DELLA
RAGIONE
DEFENDANT(S)
2012 FEB 29 PM 3: 19
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
:NO.. tZ- 1358
CIVIL ACTION -LAW
: EJECTMENT
Notice Under Rule 2973.2
Of Judgment and Execution
NOTICE OF DEFENDANT'S RIGHTS
To: Strato Marco Della Ragione, a/k/a
Strato Marco Della Ragione t/d/b/a
Mesino's Pizza, a/k/a
Strato Marco Delle Ragione
1225 Ritner Highway, Carlisle, PA 17013
To: Strato Marco Della Ragione a/k/a
Strato Marco Delle Ragione
7 Carolyn Street, Apt. 1-B
Harrisburg, PA 17112
To: Rosalba Delle Ragione a/k/a
Rosalba Della Ragione
1225 Ritner Highway, Carlisle, PA 17013
A judgment for possession of real property has been entered against you and in
favor of the plaintiff without prior notice and hearing based on a confession of judgment
contained in a promissory note or other document allegedly executed by you. The sheriff
may remove you from the property at any time after thirty (30) days after the date on
which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your being
removed from the property. ANY PETITION SEEKING RELIEF FROM THE
JUDGMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON
WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
Respectfully submitted,
Date: d
Richard P. Mistlis ky, Esq.
Supreme Court ID 28123
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6363
Karl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Richard P. Mislitsky, Esquire
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6363
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1" FEDERAL
CREDIT UNION
?F T F;LE0-QF FlC
HE PROTHON01T- P,?,
2012 FEB 29 PM 3: 12
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs.
STRATO MARCO DELLA RAGIONE
a/k/a STRATO MARCO DELLA
RAGIONE t/d/b/a MESINO'S PIZZA
a/k/a STRATO MARCO DELLE
RAGIONE and ROSALBA DELLE
RAGIONE a/k/a ROSALBA DELLA
RAGIONE
DEFENDANT(S)
NO.. I z - ?J J 6
: CIVIL ACTION - LAW
EJECTMENT
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned hereby swears and affirms on behalf of Vito Iannuzzi, the
Plaintiff in the above captioned matter, that to the best of Plaintiff's knowledge, Strato
Marco Della Ragione a/k/a Strato Marco Delle Ragione is not currently on active military
service.
Date: February 28, 2012
pectfully submitted,
Richard P. M slitsky, Esq.
Supreme Court ID #: 28123
One West High St., P.O Box 1290
Carlisle, PA 17013
(717)241-6363
A
arl Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
`IL Q-OFFIC"'
OF T H E PRO THONOTAr',',`
Richard P. Mislitsky, Esquire
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6363
2012 FEB 29 PM 3: 12
CUMBERLAND COUNT'S
PENNSYLVANIA
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1" FEDERAL
CREDIT UNION
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Vs.
STRATO MARCO DELLA RAGIONE
a/k/a STRATO MARCO DELLA
RAGIONE t/d/b/a MESINO'S PIZZA
a/k/a STRATO MARCO DELLE
RAGIONE and ROSALBA DELLE
RAGIONE a/k/a ROSALBA DELLA
RAGIONE
DEFENDANT(S)
NO.. 12 - /-?,!f R-
: CIVIL ACTION - LAW
EJECTMENT
AFFIDAVIT OF NON-MILITARY SERVICE
?Iill'z 7e-11141
The undersigned hereby swears and affirms on behalf of Vito Iannuzzi, the
Plaintiff in the above captioned matter, that to the best of Plaintiff's knowledge, Rosalba
Delle Ragione a/k/a Rosalba Della Ragione is not currently on active military service.
Date: February 28, 2012
R s ectfully submitted&Esq.
Richard P. Misl skSupreme Court ID #: 28123
One West High St., P.O Box 1290
Carlisle, PA 17013
(717)241-6363
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Richard P. Mislitsky, Esquire
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6363
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
VITO IANNUZZI
PLAINTIFF
Vs.
STRATO MARCO DELLA RAGIONE
a/k/a STRATO MARCO DELLA
RAGIONE t/d/b/a MESINO' S PIZZA
a/k/a STRATO MARCO DELLE
RAGIONE and ROSALBA DELLE
RAGIONE a/k/a ROSALBA DELLA
RAGIONE
DEFENDANT(S)
To: Strato Marco Della Ragione, a/k/a
Strato Marco Della Ragione t/d/b/a
Mesino's Pizza, a/k/a
Strato Marco Delle Ragione
1225 Ritner Highway, Carlisle, PA 17013
To: Strato Marco Della Ragione a/k/a
Strato Marco Delle Ragione
7 Carolyn Street, Apt. 1-13
Harrisburg, PA 17112
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.. /2 13. 8
CIVIL ACTION -LAW
: EJECTMENT
To: Rosalba Delle Ragione a/k/a
Rosalba Della Ragione
1225 Ritner Highway, Carlisle, PA 17013
You are hereby notified that on 2012, judgment by
confession in ejectment was entered against you for possession of the real property
described as follows:
Mesino's Pizza, 1225 Ritner Highway, Carlisle, PA 17013, and identified as
"Space 1" on the plan of the Food Lion shopping center attached to the Agreement
referred to in the Complaint filed in this action and hereto as Exhibit "A" and made
part hereof consisting of approximately 1500 square feet within the said shopping
center together with common areas as more particularly set forth and described in the
Lease and the Agreement referred to in the Complaint filed in this action.
Date: r2 02 / /o? 3,44'.?
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 BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
I hereby certify that the following are the addresses of the defendant stated in the
certificate of residence:
Strato Marco Della Ragione, a/k/a
Strato Marco Della Ragione t/d/b/a
Mesino's Pizza, a/k/a
Strato Marco Delle Ragione
1225 Ritner Highway, Carlisle, PA 17013
Strato Marco Della Ragione a/k/a
Strato Marco Delle Ragione
7 Carolyn Street, Apt. 1-B
Harrisburg, PA 17112
Rosalba Delle Ragione a/k/a
Rosalba Della Ragione
1225 Ritner Highway, Carlisle, PA 17013
:v
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Richard P. Mislitsky, Esquire
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6363
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1" FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
STRATO MARCO DELLA RAGIONE
a/k/a STRATO MARCO DELLA
RAGIONE t/d/b/a MESINO'S PIZZA
a/k/a STRATO MARCO DELLE
RAGIONE and ROSALBA DELLE
RAGIONE a/k/a ROSALBA DELLA
RAGIONE
DEFENDANT(S)
UF THE FILED-OFFICE OTH£1 0 Ai.:,.
2012 FEB 29 PM 3: 12
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: Z - 13-4
CIVIL ACTION -LAW
opl L
EJECTMENT
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter our appearance on behalf of the plaintiff, Vito Iannuzzi,.
Date: February 28, 2012
Z4tectfully submitted,
L'4 P. I
Richard P. Mis itsky, Esq.
Supreme Court ID #: 28123
One West High St., P.O Box 1290
Carlisle, PA 17013
(717)241-6363
?/ 11 v
yl __' 11?e'
,Karl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
L: f2 AR 28 At 8:
Richard W Stewart
Solicitor
OFF . 'r4 o- ?7
Pit-,aYLVAV4I
Vito lannuzzi
Case Number
vs.
Strato Marco Della Ragione (et al.) 2012-1358
SHERIFF'S RETURN OF SERVICE
03/01/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Strato Marco Della Ragione a/k/a Strato Marco Delle
Ragione, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin
County, Pennsylvania to serve the within Notice Under Rule 2973.2 according to law.
03/06/2012 08:15 AM - Dauphin County Return: And now March 6, 2012 at 0815 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint in Ejectment, upon the within named defendant, to wit: Strato Marco Della Ragione a/k/a Stratc
Marco delle Ragione by making known unto Aldo Pugliese, adult in charge at 7 Carolyn Street, Apartment
1 B, Harrisburg, Pennsylvania 17112 its contents and at the same time handing to him personally the said
true and correct copy of the same.
03/19/2012 09:45 AM - William Cline, Corporal, who being duly sworn according to law, states that on March 19, 2012
at 0945 hours, he served a true copy of the within Notice Under Rule 2973.2, upon the within named
defendant, to wit: Rosalba Della Ragione, by making known unto herself personally, at 1225 Ritner
Highway, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at theme time handing to
her personally the said true and correct copy of the same.
?f 7
/ i
W LLIAM CLINE, DEPUTY
03/19/2012 09:45 AM - William Cline, Corporal, who being duly sworn according to law, states that on March 19, 2012
at 0945 hours, he served a true copy of the within Notice Under Rule 2973.2, upon the within named
defendant, to wit: Strato Marco Della Ragione, by making known unto Rosalba Della Ragione, Sister of
Defendant at 1225 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 170 3 its contents and at
the same time handing to her personally the said true and correct copy of tsa
r°y
LLIAM CLINE, DEPUTY
SHERIFF COST: $75.45
March 21, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
!,c! Coup?y?:aitr: Shr-?f. Te,ao::.oti. h?;;.
( '0 tfirip, of th e ?$hvrrfff
William T. Tully
Solicitor
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
VS
STRATO MARCO DELLA RAGIONE, ET
AL.
Sheriff s Return
No. 2012-T-0726
OTHER COUNTY NO. 2012-1358
And now: MARCH 6, 2012 at 8:15:00 AM served the within COMPLAINT IN EJECTMENT upon
STRATO MARCO DELLA RAGIONE, ET AL. by personally handing to ALDO PUGLIESE 1 true
attested copy of the original COMPLAINT IN EJECTMENT and making known to him/her the
contents thereof at 7 CAROLYN ST, APT. 1B HARRISBURG PA 17112
ROOMMATE OF DEFENDANT
Sworn and subscribed to
before me this 6TH day of March, 2012
-)P*02
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17, 2014
VITO IANNUZZI
So Answers,
Sheriff of DwagiD4
By
Deputy Sheriff
Deputy: W CONWAY
Sheriffs Costs: $49.25 3/5/2012
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff yt??' ?zunt?i'r? ?i
Jody S Smith
Chief Deputy JBE1??-?Q C??
Richard W Stewart
Solicitor
Amended
Vito lannuzzi Case Number
vs. 2012-1358
Strato Marco Della Ragione (et al.)
SHERIFF'S RETURN OF SERVICE
03/01/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Strato Marco Della Ragione a/k/a Strato Marco Delle
Ragione, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin
County, Pennsylvania to serve the within Notice Under Rule 2973.2 according to law.
03/06/2012 08:15 AM - Dauphin County Return: And now March 6, 2012 at 0815 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Notice
Under Rule 2973.2 of Judgement and Execution, upon the within named defendant, to wit: Strato Marco
Della Ragione a/k/a Strato Marco delle Ragione by making known unto Aldo Pugliese, adult in charge at 7
Carolyn Street, Apartment 1 B, Harrisburg, Pennsylvania 17112 its contents and at the same time handing
to him personally the said true and correct copy of the same.
03/19/2012 09:45 AM - William Cline, Corporal, who being duly sworn according to law, states that on March 19, 2012
at 0945 hours, he served a true copy of the within Notice Under Rule 2973.2, upon the within named
defendant, to wit: Rosalba Della Ragione, by making known unto herself personally, at 1225 Ritner
Highway, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to
her personally the said true and correct copy of the same.
L DEPUTY
03/19/2012 09:45 AM - William Cline, Corporal, who being duly sworn according to law, states that on March 19, 2012
at 0945 hours, he served a true copy of the within Notice Under Rule 2973.2, upon the within named
defendant, to wit: Strato Marco Della Ragione, by making known unto Rosalba Della Ragione, Sister of
Defendant at 1225 Ritner Highway, Carlisle, Cumberland County, Pennsylvani 17013 its contents and at
the same time handing to her personally the said true and correct copy o h ame.
I LIAM CLINE, DEPUTY
SHERIFF COST: $75.45
March 21, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
m fir of the 'Sher-
iff
T. Tully
Solicitor
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
VS
STRATO MARCO DELLA RAGIONE, ET
AL.
Sheriff s Return
No. 2012-T-0726
OTHER COUNTY NO. 2012-1358
And now: MARCH 6, 2012 at 8:15:00 AM served the within NOTICE UNDER RULE 2973.2 OF
JUDGEMENT & EXECUTION upon STRATO MARCO DELLA RAGIONE, ET AL. by personally
handing to ALDO PUGLIESE 1 true attested copy of the original NOTICE UNDER RULE 2973.2 OF
JUDGEMENT & EXECUTION and making known to him/her the contents thereof at 7 CAROLYN
ST, APT. 1B HARRISBURG PA 17112
ROOMMATE OF DEFENDANT
Sworn and subscribed to
before me this 2ND day of April, 2012
-)P1 Z
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17, 2014
VITO IANNUZZI
So Answers,
4 -
Sheriff of DwAin,(
By
Deputy Sheriff
Deputy: W CONWAY
Sheriffs Costs: $49.25 3/5/2012
F!LF.D-OFFICF
OF THE PROTHONOTARY
11112 OCT 24 PM 12: 15
Richard P. Mislitsky, Esquire
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6363
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
CUMBERLAND COUNTY
PENNSYLVANIA 5-0 / AL &Wy
i
Ck Fi SYQ"6
r`JG.o u Cash aG
r 7V1S ' 4?` lS w e- CD .
.I.L5.`b pA-
VITO IANNUZZI
PLAINTIFF
Vs.
STRATO MARCO DELLA RAGIONE
a/k/a STRATO MARCO DELLA
RAGIONE t/d/b/a MESINO'S PIZZA
a/k/a STRATO MARCO DELLE
RAGIONE and ROSALBA DELLE
RAGIONE &Wa ROSALBA DELLA
RAGIONE
DEFENDANT(S)
C ?I,s l? Pk 17013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.: 12-1358 Civil Term
CIVIL ACTION -LAW
: EJECTMENT
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.
I certify that this praecipe is based upon a judgment entered by confession, and
Notice pursuant to Rule 2973.2 has been served at least thirty (30) days prior to
the filing of this praecipe as evidenced by a return of service filed of record.
Date: October 18, 2012
Wa 1 4;p.
chard P. Mis tsky, Esq.
Attorney for Plaintiff
Supreme Court ID #: 28123
One West High St., P.O Box 1290
Carlisle, PA 17013
(717)241-6363
submitted,
Karl M. L,edebohm, Esq.
Attorney for Plaintiff
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Richard P. Mislitsky, Esquire
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6363
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Counsel for Plaintiff
VITO IANNUZZI
PLAINTIFF
Vs.
STRATO MARCO DELLA RAGIONE
a/k/a STRATO MARCO DELLA
RAGIONE t/d/b/a MESINO'S PIZZA
a/k/a STRATO MARCO DELLE
RAGIONE and ROSALBA DELLE
RAGIONE a/k/a ROSALBA DELLA
RAGIONE
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 12-1358 Civil Term
CIVIL ACTION -LAW
EJECTMENT
Certificate of Service
AND NOW, this 24th day of October, 2012 I, Jean Smith, hereby certify that a
true and correct copy of this Plaintiff's PRAECIPE FOR WRIT OF POSSESSION
UPON A CONFESSED JUDGMENT was served via first-class US mail, addressed as
follows:
Hilary Vessel, Esquire,
Kope and Associates, LLC
395 St. Johns Church Road - Suite 101
Camp Hill, PA 17011
October 24, 2012 v?
Jean Smith, Legal Assistant
iar z
WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
V ITO IANUZZI
VS.
No. 12-1358 Civil Term
STRATO MARCO DELLA RAGIONE
A/K/A STRATO MARCO DELLA RAGIONE
T/D/B/A MESINO'S PIZZA A/K/A
STRATO MARCO DELLE RAGIONE
AND ROSALBA DELLE RAGIONE
A/K/A ROSALBA DELLA RAGIONE
1225 RITNER HIGHWAY
CARLISLE, PA 17013
Costs
Attorney's
Plaintiff s $
Prothonotary $ 2.25
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))
V ITO IANUZZI
being: (Premises as follows):
1225 RITNER HIGHWAY, CARLISLE, PA 17013
(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.
Date OCTOBER 24,2012
(Seal)
David D. Buell, Prothonotary,
ommon Pleas Court of Cumberland County, PA
,L&A&4. 6&?. hp?
2 of 2
No 12-1358 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VITO IANUZZI
VS.
STRATO MARCO DELLA RAGIONE A/K/A
STRATO MARCO DELLA RAGIONE T/DB/A
MESINO'S PIZZA A/K/A STRATO MARCO DELLE RAGIONE
AND ROSALBA DELLE RAGIONE A/K/A ROSALBA DELLA RAGIONE
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y $ 014g0
Plff (s) $
Prothy $ 2.25
Sheriff $
Plaintiff (s) attorney name and address:
RICHARD P. MISLITSKY, ESQUIRE - ID #28123
LAW OFFICE OF RICHARD P. MISLITSKY
ONE WEST HIGH STREET
PO BOX 1290
CARLISLE, PA 17013
717-241-6363
Attorney for Plaintiff (s)
Where papers may be served
By virtue of this writ, on the day of , . I caused the within
named , to have possession of the premises described with the
appurtenances, and
So Answers,
Sworn and subscribed to before me this
Day of ,
By
Sheriff
Prothonotary Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSLVANIA
Vito lannuzzi,
Plaintiff
v.
Strato Marco Della Ragione, aka
Strato Marco Della Ragione,
t/d/b/a Miseno's Pizza, aka Strato :
Marco Della Ragione and Rosalba :
Della Ragione aka Rosalba Della .
Ragione,
Defendants
To the Prothonotary:
:No. 12-1358 Civil Action, Law
PRAECIPE TO ENTER APPEARANCE
Please enter my appearance on my own behalf in No. 12-1358, Civil.
Date:
Respectf , su • itted,
VITO IANNUZZI
Plaintiff, Pro Se
598 West High Street
Carlisle, PA 17013
717-240-0133
VITO IANNUZZI
PLAINTIFF
v.
STRATO MARCO DELLA RAGIONE
aka STRATO MARCO DELLA
RAGIONE tdba MISENO'S PIZZA :
aka STRATO MARCO DELLE
RAGIONE and ROSALBA DELLA
RAGIONE aka ROSALBA DELLE
RAGIONE
DEFENDANT(S)
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 12-1358 CIVIL
: 12 -1358 -CIVIL ACTION — EJECTMENT
PRAECIPE TO WITHDRAW APPEARANCES AT THE REQUEST AND WITH THE
CONSENT OF PLAINTIFF
To the Prothonotary:
Please withdraw our appearances as attorneys of record in the above -captioned case at the
request and consent of Plaintiff, Vito Iannuzzi who has also signed this document.
id Richard P. Mislitsky
Attorney for Plaintiff
S. Ct. # 28123
One W. High Street, P.O. Box 1290
Carlisle, PA 17013
717-2416363
Respectfully submitted,
arl M. Ledebohm,
Attorney for Plaintiff
S. Ct. # 59012
P.O. Box 173
New Cumberland, PA 17070-0173
717-938-6929
Vii"o Iannu77i, Plaintiff
3 Rockwell Court
Carlisle, PA 17015
717-241-2924
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSLVANIA
Vito lannuzzi,
Plaintiff
:No. 12-1358 Civil Action, Law
- t
V. .1-- ..--- --
ril r
173
Z r•-- C.) '
Strato Marco Della Ragione, aka cn
Strato Marco Della Ragione, r---= ----11
....-
t/d/b/a Miseno's Pizza, aka Strato :
— --
1...0 _ii
Marco Della Ragione and Rosalba :
Della Ragione aka Rosalba Della
Ragione,
Defendants
AFFIDAVIT OF NON-MILITARY SERVICE
--4
The undersigned Plaintiff, appearing pro se, hereby swears and affirms that to
the best of Plaintiff's knowledge, neither Strato Marco Della Ragione nor Rosalba Della
Ragione is currently on active military service.
Date: /
Respectf submitted,
VITO IANNUZZI
Plaintiff, Pro Se
598 West High Street
Carlisle, PA 17013
717-240-0133