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12-1369
1..U-0 F dvL. HE PROT1101' 2012 MAR -1 AM I 1:15 2 CUMBERLAND WUN 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 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.: 0- . 136 ? CIVIL ACTION - LAW 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 favor of the plaintiff(s) and against the defendant(s) as follows: Amount due $80,212.34 Interest from 2/29/12 (6% per annum to be added) Attorney's fees (to be added) Costs (to be added) "/I fl` j3?1 4? It J S iJ 1?4J111 ^f ('ti i vIIg'a?? R? 10 C0UH Y 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) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 I . 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 1 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 aWa 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. The Defendants executed and delivered to Plaintiff a 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. 5. 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 consumer credit transaction. 7. There has not been any assignment of the Agreement. Except for the judgment in ejectment for the possession of the real property pursuant to Pa. R. C. P. 2971 known as Mesino's Pizza, 1225 Ritner 2 Highway, Carlisle, PA 17013 entered on the Agreement before the Court of Common Pleas for Cumberland County to Docket No.: 12-1358 on February 29, 2012, no judgment has been entered on the Agreement by confession in any jurisdiction. 9. An itemized computation of the amount due to Plaintiff by Defendants as a result of Defendants' 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 10. Interest continues to accrue on Defendants' obligation under the Agreement at the rate of $11.56 per day. 11. Additional attorney's fees and costs continue to accrue in connection with Defendants' defaults under the Agreement. WHEREFORE, Plaintiff demands judgment against Defendants, Strato Marco Della Ragione a/k/a Strato Marco Delle Ragione and Rosalba Delle Ragione a/k/a Rosalba Della Ragione, as authorized by the warrant of attorney contained in the Agreement in the amount of $80,212.34, plus interest from and including the date of this Complaint at the rate of six (6.0%) per annum as provided in the Agreement, additional attorney's fees and costs of suit. 3 Date: A p (7/ Rectfully submitted, Richaid P. Mistlfstky, Esq. Attorney for Plaintiff Supreme Court ID 28123 One West High Street P.O. Box 1290 Carlisle,YA 17013? (71 1-6?6,; / ) / 'Karl M. Ledebolun, 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 THIS AGREEMENT is entered into this day of April, 2005, by and between Vito Iannuzzi t/d/b/a Nliseno's Pizza ("Seller") and Strato Marco Delle Ragione and Rosalba Delle Ragione (collectively "Buyer") BACKGROUND A. Seller is engaged in a pizza restaurant business known as Miseno's Pizza (the "Business") located at 1225 Ritner Highway, Carlisle, Pennsylvania 17013, being space I 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 March, 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 'T" 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. 2 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 A'D 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 $3,000.00 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 Nest High Street, Carlisle, PA 17013 or some other address provided by Seller to Buyer from time to time. 5. ALLOCATION OF PURCHASE PRICE. allocated as follows: a. Equipment $48,000.00 b. Inventory -food 2,000.00 c. Inventory- Supplies 600.00 The Purchase Price shall be 3 d. Leasehold Improvements 9,000.00 e. Goodwill 124,400.00 f Covenant not to compete 36.000.00 d. Total Purchase Price S220,000.00 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 WARRANTY: 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 4 with Buyer's operation of the Business on the Premises in the amount of at least 5 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 5 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 6 j ? 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; (?) 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 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 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 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 If). 10 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.NIPLIA.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 " ?iiseno'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, "Miseno'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 anv 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 ori ginal. 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 UTNDER THIS AGREEMENT OR AN-V OTHER AGREEMENT ISSUED IN CON-NECTION 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 A`vY COMPETENT COURT AN AMICABLE ACTION IN EJECTMENT 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 DETERIMINED 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 JUDGEMENT 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 CLAIMS THAT MAY BE ASSERTED AGAINST IT BY 17 SELLER HEREUNDER. BUYER FREELY, KNO?N'INGLY 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. 30. Buyer hereby certifies that Buyer's annual income is in excess of $10,000.00. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above mentioned. WITNESS: i ? , }?) / ?. ? r Strato Marco Della Ragione (` uyer") Rosalba Della Ragio "Buyer") Vito Iannuzzi ("Seller") is A-C5 FFF, 106: 16 PM R I CH7RD F M I SL f TSK.Y, r::Q F `X NO. 717%49707 r,? I :v + } ,T yl 1 f' ; F. 05/07 -I v I .? u[ / ZIO .y III % ?; !7 - I . ;-,U *w?' . ?.? • ` ?``'?j .?,? ? R? 1 i/ ? 7 -11 n Ii I' - -{ - - - I 5G' --i- I I I I\ C y II 1 ?'/ '1'.,1* ..?"w? .. I f, I.•zn 1 l r. I Ir ?' ?? ?' ?,f •,, al r ' l C I?. I.I I I fl) I f I =" lI I I:_ I ( r; I ? t/l + 1. I I >.`i . / 1p C I I LI , T's I ? r I r ft Q ? / ni -1 -f ° () In V I- I rT-7 r'-I / / CJ `n r u =1 r r- .Sl'ANDARD VORM LEASH _ tMarpiO, Iscl,vccn HPT Carlisle 'I'IIIS LLIASL AGI(I?L'MI'.N'1' (Ilse is made and entered into this day ° - (the" t'enant' L . P . x _ iiQ dtDiud (ilw 'Landlord'), and $1 aC1 0 13II11112 WI'rNI!SSI'll II: PO GOO'D Acknowledged Landlord aD (Allot` 1.11 lug i' ba legally Nbound, . the I crc pt. adee as followd• sulficicncy of which is hereby Awrlci.ti 1 1)I+.I:INITIf)N5 AND I:UNrlAbil?NTAL PROVISIONS 1.1 AJJresses: l.nntllortl: ?c""" 920 Armstrong Road 4515 Harding Rd. #306 Carlisle, PA 17013 Nashville, TN 37205 1.2 Comunnn Arena: 7'Itose,arens, facilities, Improvements, equlptncnf, and Installntinns, In the Slopping Ccntcr which tiro front lime in live deslgnutcJ by Landlord for file nauexelusive use or bcnefil of Landlord UisJ '1 canals of the Shopping Ccnler, their employees 0.e`f cu nters, licensees and Invilecs. %cTenn: )i?cnscYearscommencing on the Itental Cummencement Date and es iris o1 S: ' r'S 3 le itst t n ns plus Me eariial mo,tth, if any on g n aused It I umntcttcemcol Date failing on other ihun the first day of a ca fen sr nwu?T"'Tiidi xuec`"cf0lsTg leuao-year ??/ c or a pcrlod of twelve (l3) full calcnJar months, __1e;IaAJ- *'0tQ 41 2-- 1.4 Minimum 11cn1: lobe u?tar Anfuu4l IWN• RGJ Least Year Annunl Minimum Itcnl Mnnlldy Minimum Rent -7_ 8-4 1;L1 96 0 1-a 10,875 906.25. MorYthti M;tJ Rer? i - - P- 3 12,000 1000.00 IUa,T 1or75 4-5- 1274-75 1 ;t1300 _A "_?re ?t 1.5 Cennhicd Use: Tenant shall use file Prenslscs soieiy for the following permitted use and for no other purpose whatnocvcr: Wtith re m-r-ck -to -tMc U-S e ckU--5,r Cis Food "ojer-.i,:h- y-0-,e c stxc?"6)A \ o se."?c (? 2T.a t Sv?ras t St> +,dw.y ck?a? O hot 1.G 1'crmllieJ'[ratle Ness c: ??p?ip t? (,\$I(ZQ$. r 1.7 11rendses: 'tf1nl certain space commonly know as Space._ of file Shopping Center, consisting or approximate y 0 _ square feel, as more particularly dcserlbed on nihibii 'A' attached bercto. I.B I'repsild Minimum Itcnt;106250 to be applied to the monthly Minimum Rent first duc and payable by Tcnant hereunder. • 1,9 Itctttnl Commencement Datc: September 1, 1994 1.10 Sceurliv De osll: 1.11 Shoftfdnp. Center. That certain shopping center located InCumbeCldLiDlunfy, PA and more particularly depicted in I!xhUrll 'A' attached hereto, as surna cony be altered, expanded or reduced from lime to time at the discretion of Landlord, AlITICI.11 11 DVIVII 1 OP 1'Itl!AiIsns 2.1 !.ease: I.nt1t11nrJ herelty leases and demises Lo Tenant Ilse 1'renfises together wills Ilse noncxclntsivc right to use floc Common Areas subject to the Itules and Regulation. 2.2 Aeeenlance of Premises by Tenant: 'tenant agrees to accept the Premises in nn 'AS-IS, WI1CFi11-IS' condition at tendered by Iandlord Tenant agrees that no representations with roped to the conditions of life Prensiscs and no promisca to decornIc, Alter, Mpuir, or improve, life Premises have been mnde by Landlord. Promptly upon the lender of possession of file Premises by Landlord lo'I'enant,'rcnant shall consmance and Ihcreufter diligcnlly pursue to compiciion all of Tenant's Work In file Premises In strict accordance wills plans And speciricaIIons approved b Landlord. *according to items exhibited under Exhibit i as Landlord's work. 2.3 I!nrly Acres: Tenant shall he pcrmillcd access to the Prcmiscs prior to the Itcntul Commencement Dale for the purpose of installing fixtures or for any other purpose permitted by landlord. Such early entry will be at 't'enant's sole risk and sultjccl in All file terms and provisions or Ihls Leasc its though file Ilentnt Commencement Dalc lend occurred, except for the payment or Minimum nett which shall commence on file Ilcnlal Couuncncemcnt Dafc; it being specifically agreed And understood thin Tcnant shall pity all chiages for Ientpnrsry water, heating, cooling and lighthiefinnt ilic dust upon which Tcnnnl is notified the Premises are avtnimmic rorTetlaut's work (or from 111C Jule when Tenant cnmmmnccs in perform its work, If earlier) In rite Prcmiscs unill the Ilcnlal Comnneneemenl Dale. Landlord shall have the right to Impose such nildilimtnl conditions o l Tcnunt's early entry as I.nndlord, in Its sale discretion, deems Appropriate, and Lu,dlord shall have file rutihcr right to require flint Tenant execute an early entry aprcernersl eanlaining such conditions prior to Tenant's curly entry into file Premises. *and Tenants Dro-rata share of the common area maintenance, propertxy 2.4 Surrender of Pramixes: At ilia cspiralion,'or earlier tenniautt:;a, of :`e Len_c "'erg,, '•r_nunl slunll surrentlcr the IKS . & 1'rcntlscs to Landlord In a good need broom-clean condition, reasnauble wear and lever excepted. Teunnl shrill promptly repair taXe tiny dmmnge In late 1'remlses caused by list retnovul ur any furniture, indc fixtures, or other personnl praperfy, permitted to from he remover! ley Tcnant frown U,e rremlNcs. J uly AftTICIM III IWNT AND O'rI11iR CIIAnOWS 3.2 litllitics: 'Conant shall promptly pay all charges for utilities and other services furnished to the Premises whclhcr by Landlord or the applieahle utility company. Landlord shall not be liablefor nny interruptions or curlailnnenl In utility services bother for alteration, repair, or impruvennenl, of the Prcmises or the Shopping Centcr, or otherwise. J3.3 Oncrulinl; osts: 't'enant shalt pay to Landlord along grill) lts monthly Inslullmcnl of Minimum Rene, as Additional eat, Tenool's monlhere of all costs Incurred by landlord in maintaining, lighting, repairing, replacing, operallog, eaning, painting, securing, managing, and Insuring Ilia portions of the Shopping Centcr which arc Ilse responsitnllity of andlord hereunder, including wilhout lintilalion, payment of all insurance prciiiiunIF t bond d) and taxes and assessmcnis associated with the Shopping Ccnner, umd pke }). 1'ennnt's annual share of Operating Costs shall he connpulcd by multiplying Operating Costs by it fraction , the which Sha 11 numerator of which almll be the nmuher of aluAre feet of the Premises and the denominator of which shall be ilia number of '10 t exceed srlunrc fact of gross leasuble urea or ilne Shopping Center. Adjustments to cslimaics arTenanl's share or Operating Crisis shall 1.25 per he made on an annual basis, and adjustments shall he made as its underpayment or nvcrpaymcnt or Operating Costs hy'l'cnunl square fOot upon ific uonual determination of the netual Operating Coals for the Shopping Centcr, annually 3.4 ??xBc?eaax4?xeol?xocoe?tx?dxhcxi?a?e1>atclk?ia?x?dpa?as?x+x+scdfxhc?taaoQDex?xbc76ax @Dry)?}NilbchcSbDdb61Q'XVUR?Q?OICtJODd4ff?(4F2f DdDG?4G3Q6C9F 9UC14D000?[T>tR4ttliyloA RbCtki]C 1(9tIG?i7CyCGOIOIKxGGDa tlQDQI+t o>tgneaclx?estt?oxaax>??IxoeticllesKSt:?aocismdklmoxeoxatlcsox>?eab?DO?CIk?cfexbexDa?G4axoallt9taa?alx7dlxtxDr>soapxiac nrya 1'oxx ltoxltfac?coartoq)vxaoyd (x7e+xot+xvnxvxacaasaflNatya>aa?at ?ovrtx9c x x?07Ex?moic;rtnl>'d bt ?csciexncot! p4oasmmcv.oc soxvtaox z tlcvttx x i,__. ?.........r;.,v,.hx br;i4rasr:i s,v,A? ern Y rhroh?hxsxmaM?9(OITAD?rR13C7Ct?}C?X)l?E?F'X'hCT]C}(S4?I9t44 PFk°Jttj(?KJCt1(1XraQ4Q4C 3.5 heal. As used herein, the Will '[tent' shall include Minimum ]tent, Additional Rcnl, Tcnant's share of Opcraling Costs and all olber additional charges or sums payable to Landlord hereunder. All Rent shall be paid withuul demand, deduelion or setoff whatsoever. AlITIC IA' 1V imitivirri lif) USAGR 4.1 Use: 't'enant shall use, occupy and opernle in the whole of the Premises solely far the I'cnnil led Use and for no other purpose whatsoever. '1'eusnl covenants to continuously operate upon the whole or the Premises snlcly utilizing the Perinitled 't'rade Nnne during rnlnlmum business hours of 10:00 A.M. 10 6:00 1',M., six days per week or such ulhel hours as Arc (ratio lime to time imposed by Landlord. Tenant shall not, without Landlord's prior wriltut consent, keep noylhing within the Premises, or use the Premises for any purpose which increases Ilic insurance premium cost or Invulidales tiny insurance policy c tried tm the Premises or Ilia Shopping Center, and'I'cnant shall pay as Rent the Amount of any such incrcasu promptly upon errand by Iandlord, 't'enant shall obxerve faithfully and comply strictly with All rules and regulaliuns which Landlord may tom line to time adopt for the surely, operation, care and cleanliness, of the Shopping Center or the preservation of good order therein (ale "Rules and Itegulatimis'). Landlord shrill not he liable Io Tenant for Any viciialion of the Rules and Regulations, or liar the breach or any eovenadt or condition in any lease, by any other tenant in the Shopping Center. 4-1 Control hY I.aniItnrdI Landlord sIt 11 Iravc the rigldt at all acmes, in Its sate diserctinn, to cltan?c ll,c size, locaitn eleva f of to .;lion or all or the Common Areas. the Shopping Center, or any part thercuf,'us Lu may front lime to time detcrntinc, Inc us tit range the size thereof, to erect Inuildings thcrcon..inrat cuss Park or rants [hereof, to change Iltc location and size of the Ian in s, and t n tans to, aul!traetions front, or Tcarrangemenis of, said buildings. lluring the term hereof, land a right to rclacatc Ilia Premises to n reasonnhle location In the Shopping Center compnrah to Utc Premises and oil a terms and conditions as contained berclm. 'Tenant shall be allow ove all of lu letisehold improvements from the r rttrsuunt I. such relocation provided that " pours any damage caused by such removal. Landlord shall tender then caloan to Tenant in st y the same condition ns the 11-remises were in when Tendered to Tenant. Landlord may a1 its lieu, e this Lease if Tenant refuses to Accept suit new location. 4.3 Ilaznrdorrs Sobstaures. Tenant shall not generate, store, treat, dispose or, install or othcrwisc use any hazardous subsiunccs on, in, under, nrin any way related lo, the Preosiscs or any other portion of Ibc Shopping Ccnlcr, or cause or pcrmil any such generation, storage, Ireatmcol, disposal, installation or other use with respect iberetu. 't'enant shall fully indemnify and hold Landlord harmless from tiny linbility, damage, cost or expense that Landlord might othcrwisc iuffcr from Tcnnnt's failure to fully comply with Ilse Ienna nod provisions of this Section. 'hazardous Substances mcnas and htcludcs any of the substances, materials, elements, or compounds affected by any other rcdcrul, slate or local statute, law, ordinance, code, rule, regulation, order, or decree, now or at tiny time hereafter In cr(cet, regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, dangerous, restricted or otherwise rugulaled waste, substance, or material. AIi'I'IC:1.11 V AlTITRATION, Itla'Allt AND MA1NTI NANCTI 3.1 Alterations Ivy Tenant: 'rariunt shall not make any alterations (Including, but not limited to, alterations to the exterior, the storefront, signs And/or utility lines or systems within or serving the Premises), nor secure any fixture or apparatus, to the Premises without Landlord's prior written approval, and Tenant shall promptly remove upon order from Landlord any decorotlon or alteration mode ur installed upon the Premises wilhout Landlord's written conscnl. Landlord shall hove the tight to run utility lines, pipes, enuiltnll, wire, ductwo(k, or sprinkler systems, where necessary, through, In, nr hcncath, the Premises, And maintain same in a manner which does not unduly interfere with Tenanl's use thereof. All nllcrolions, fixtures, helkcrnttnts, And Improvements, made to, or installed upon, the Premises shall remain upnu tit: Prensiscs, and almll become Landlnrd's property upon the expiration or earlier turntlanlion or this Lease, unless Lundiord altull rcdluirc Tcnnnl to restore file Premises to its original condlllon, 5.2 Rerrnlrs by'1'enant: Tenant shalt keep by routine maintenance, repair, and replacement, at its sole cost and expense, the interior or the ['remises, ingclher with file storefront and all doors and windows of ilia Premises, and all electrical, plumbing, locating, ventiln ling, air conditioning, sprinkler systems, and tiny ollier nteelianical Installatinns serving Ilic Premises or located therein, whether or nol in nor tinder the floor shah or on the roof of the Premises, in good condition and working order. Tenant agrees to employ a suitable cnnlraclor approved by Landlord to perform l'cnanl's uhligationr for nnnlnlcnance of the hauling, cooling and venllhtling units of the Premises, including ut least semiannual inspections and clenning of fire syslun logcther with such servicing as each such inspection shall disclose, or as shall olherwisc he reasonably rcyuired by Landlord. In the event Tenant faits to perform ita maintcnAnce, repair, or replacement ohligatinns as it rnvidcd herein, Landlord inay, at its oplinn, pcrform atich rcmcdial aeliult on liclialf of Tcntaml, aid' gmt;s :r. I.u:10!ord, An Addlfional heal, file cost there.( plus liflcen (15.0'%-) percent overhead promptly upon dunand by Landlord. 5.3 Liens: Tenant hereby indenitiirics I.nndlord ngnlnsl, and shall liccp the Prcmtscs and I he Shopping Center free from Ilens for tiny work performed, malerinl furulslied, or obligations incurred, by or on behalf of'Pcnanl and shall discharge or bond any lien filed wllltin ten (10) days after filing, ARTICI.P, yl CASUAI'lY ANI) C.0Npt!MNATION 6.1 C:asunfl y. Landlord shall have the right, upon thirly (30) days prior written notice In Tcttnnt, to Icruinatc Iluis Lease ill the evenl (i) the }'remises is aLumagctl by fire or ollicr casualty to the extent of more than tell (10.0"/x) Percent of Iltc replacement east Ihercuf, (li) the Shopping Cutler is damaged by fire or nlluer casualty to the extent of Ilan (ID.IIrY) percent or more of the replaccntcm cost thureof, (iii) any damage to the Premixes cannol, in Landlord's sole discretion, be repaired within ttlnety (70) days of the Jute of such damnge, or (iv) the Treatises is damnged or destroyed during tite Insl Ihirly (301/o)pcrcenl of the I.utse tern, ordtiring any renewal or extension term of this Lease. If Landlord spnuld elect to repair or rehuitd Lite Premises 17eeauSe of any Ulimuge no dcstruclion, Tcnant shnll rcpluce all work a ad irnprovenicnis originally instulicd or performed by Tenunt at Tenant's expense, 6,2 Contlemnnllon: If the whole of the rrenlises, or so much thereof as to tender the balance unusahle fly Tenant, shall be Inkcn under power of eminent domain, nr ollicrwise Iransfurred in lieu lhcreof, or if any part of the Shopping Center is taken and its continued operation is not in Landlord's sole opinion, ecanomicnl, this I.casc shall automatically terminate as of the dale possession is Luken by lilt cnudemning auttnrily. No award for any total or partial Inking $hall lie apportioned, anti Tenant hereby unconditionally assigns to Landlord any award which may be made in such lakiug ur condemnation. In the event or a partial taking which clues not result in lice termination of thls Leure, Minimum Item shall be upparliuncd according to the purl of file Premises rcmuiuing usable by Tenant. ARTICI,R vii INSURANCE AND INDEMNIPICATION 7.1 Insurance: 'tenant shall maintain at Its sole expense, commencing upon the date Tenant takes possession of lilt 1'ruuises and continuing throughout lire (.ease rrrin, eonuncrei•al liability Insurance covering llte Prcmiscs in a combined single limit umounl of not less than 31,nna,o0().00 naming Landlord and any mortgagee(s) of the Shopping Center as additional insureds thereunder. Tenant shall also keep in force, at ifs snit expense, fire nod cxlcndcd covcrngc insurance for the full replacefncnl value of,Tenant's imprnvcmcnl3 and 'chant's property, Including, but not Ilnlilcd In, invcolory, trade fixtures, furnishings and other persnnal properly, naming landlord and mortgagce(s) of the shopping Center as additional insureds Iherconder. 'T'he fire slid cxlcndcd coverage insurance mninlained by Tenant shall be wrillen so as in provide that the iusurcr waives all right or recovery by way of subrogation against Landlnrd in connection wilt any fuss or damage covered by tilt policy (Tcroa t for itself, ifs successors and assigns, herchy waives any right of recovery ugainsl Landlord, its successors or assigns, by virlue of any casually to the l'rcmises or the Shopping Center). In addition, Tenant shall keep in force Workman's Cantpensallon or similar insurance lu llte extent required by law. 7cturnt shaft deliver suit) insurnncc policies or certificates thercof to l.andlnrd wilhln ten (10) days ur llte commencement of the Lease Tcrm; Landlord having llte right, lit its We discretion, to approve llte insurance carrier utilized by Tenant in connection with the rrcmists. Should Tttiam fail it) effect the insurunee called for herein. Lundlurd cony, at Its sole option, procure sold insurance and pay lite requisilc premiums, in which cvenl,'1'etant shall pay all sums so expended phis fificcu (15.0%) percent as overhead to Landlord, as Additional Itent, Immediately upon demand. Each insurer under Lhc policies required hereunder shall ngrcc by endurseuent of the policy, or by indcpcndell instr inert furnished tolandlord, that it will give Landlnrd at Tend fifteen (15) days prior writlut notice before any policy or policies affecting file Prcmiscs shall be altered or cancelled. 7,2 Indcmnincalion: Tconni hereby agrees to indemnify and (told Landlord, and any mortgagee(s) of Ilse Shopping (:enter, harmless from any and ull'elaims, damages, Ilabililics or expenses arising out or (a) Tcoanl's use of the }'remises or the Stropping Center, (It) any and all claims arising from any breach or default in the perforninacc of any obligation orTcriant, (c) tiny act, omission or negllccoce of'I'cnam, Its agents, employee, Invilces or contractors, Tenanl furlhcarcleoses Landlord from liability rat any dumtuges sustained toy'rcnani or any olltcr.pcrson claiming by, through, or under,'Tcnaot due to Ibe }'remises, the Shopping Center, or any pnrl thereof, or noy.4ppurturiances Iherelo, bccomlog out of repair, or due lit llte happening or any Accident, including, without. limitation, any damage caused by water, snow, windstorm, Tornado, gns, steam, electrical wiring, sprinkler symem, pluinhing, heating and air conditioning apparatms, and from tiny aels at omissions of cn- Icmnflts orolher occupants of the Shopping Center. Landlord shall not be liable for any damage tour loss of'1'coanl's personal properly, inventory, fixtures or improvements, front tiny cause wltatsocver, except the afriruativc acts of proms negligence of Landlord, and Hier only lit the extent not covered by insutanea to be ohlalacd by Tenant in accordance with Scclion 7.1. A11,'T1CI.f! VII DUFAUIX ANf) !tt!Mf!1)If!S ILI !'.veils or 1)eraup: to the event 'T'enant (i) falls to pay all or any portion of any suit due rrnm Tenant hereunder or pursuant to nay exhibit herelo willtin five (S) days rolluwing the giving of written notice; (ii) fails to cease all ennduct prululhiled herchy Imowdlately upon rccclpl of writer notice from Landlord: (iii) falls to take nctions in accordance with the provisions of writ ten notice from Landlord 10 r medy'1'cnanl's ftdlure 10 perform any of the terms, covenants and cauditions of this Lease, (iv) (ails to conduct business in the 1'rcnnlses as herein required; (v) commits an act in vlhlalion of illis lease Willett Landlord has previously notified Tenant to eerie mare Ihnn met in tiny Leasc car; (vi) becomes bnnltrupl, insolvent or [Ilea city debtor proceeding, [likes or loss taken against Tenant any petitiun of bankruptcy; lakes action no has action Inkcn against Tensnl for the appointrncnl of a receiver for all or a portion of 't'enant's assets, files a petition for a corporate rcorgnnlr,ullon: makes an asshgnmetl for the benefit of creditors, or in any other manner Tcnunt's interest hcrcunder shall pass to anuthcr opcratlan of law (any or all of the occurrences in this subsection being deemed u default on account of bankruptcy of the purposes hereof and such default on account of bnnkrupley shall apply to and include any guarantor of this Lease); (vii) cnmmils waste to (lie Premises; or (viii) is uthurvise in breach of Tcnanl's obligations hcrcunder and shall not have cured such (Icfuull within felt (10) days following written notice front landlord; [licit Tenant shall be in default hcrcunder wad Landlord may, All its option anti without further ratite toTcnanl, terminate Tcnaui's right to possession of the Prcmiscs turd without terminating this Lease re-enler and resume possession of the Prcmiscs, with or without resorl lu process of any court, either by force or otherwise. Nolwilhstrtnding such rc-entry by Landlord. Tenanl herchy indemnifies and holds Landlord harmless from any and all loss or dautnge which -Tenanl may, incur by reason of the termination of this Lcasc and/ur Tenant's rlChl to possession of file ('remises ahrogale Tcoant's •rgrccmenl to ploy Rent for the full Lease 'Perot. Following re-uury of the Prcmiscs by Landlord, Tcnani skull eomlintte to tiny all Item as it becomes due under lice lernis of this Leosc, or at Landlord's opllon, all Iten1 for llte balance or the (.case Term shall be (teemed immedialcly due and payable by 'tcnlntl to Landlord, ingcllicr with all other expenses incurred by Lundlurd lit rcgsiniug possession; it being undersiouct thell Landlord shall Inrve no oblignllons to mitigate Tenant's damages by rclelling the Prcmiscs. 8.2 Rlgfuls and Itentedics: The various rights and rcmcdicx herein granted In Landlord shall be cumulalivc and In addition in any other rlgltts or rcmcdicx Whiett landlord may be entitled to nt haw or in equity. Tice exercixc of one or more rights or rcmcdicx of i,nndinru lilmll nut impair i,a:;dierd : rlgltt to exe:eE:c cny other right or rcmedy. In lilt events, Landlord shall have the right, upour notice toTcnant, in cure any breach by Tenant, at'1'ennnt's sole cost and cxpunsc, mid Teuunr shall rcimhurse Landlord for ?aeh costs unit crpenscs I+fus fifteen (15.0^/) percent :rs overhead, Inuncdiatcly upun demand. ARTICI.ft IX ASSI(INMIM' AND SURLVITINO _ n I A-:--- -...I t.`..1. 1..,,.. _. -I`_..__. -,. .-- -- -- Af(TfC1.R X ,:rrC111NMf!N71' ANll SU1101MINATTON 10.1 Attnrnnwnr. Tenant shall altorn and bo bound to any or Lnndtor(j's successors undcr all life turns , covenants and cmtdilluns of this I.case for file balnnce of file Lcnse'1'crm, as renewed or exlcntlul. 10.2 Subordination: '!'his Leasc is, anti shall lie, subordinate to lite lien of any murfgage, sccurily decd, decd of trust, or the lien resulting from nny Diller method fir financing or refinancing now or hereafter In force in connection Willi the Shopping 1 (collectively ortgages'), and to any and all advances to be mude under such Mortgages and all renewals, ('enter C.ons, consolidations, and rcplaccmcnls ilocrco(. 'I'hc aforesnid provisions shall he scif-operative, and no ificat, rcnsi further instrument of subordination shall he required to evidence such subordination. Tenant covenants and agrees to execute and deliver, upon demand, such further iuslromenr fir insirtimenls suhnrdinoling this I.case on floc foregoing basis in the lien of any such Morigages as shall tic rcquemcd by Landlord and any tnnrigngcc(s) of file Shopping Canter, 'hcnanl hereby irrevocably appoints Landlord file attorney-in-fact of Tcnanl to execute and deliver such instrument or instruments within tell (10) days after writinn notice. ARTICI.11 XT MTScrTt.ANP.t7U5 11.1 Au(ornav'x Tees: 'f utant shall pay reasonable atiorncy's fees incurred by Landlord in the enfureement or any or Ilie Icrms, covenants, or provisions of this ).ease. 11.2 late C:liartes: All Rent not liaid when due shall hear interest at file highest Icgal rate not to exceed eighteen percent (18.07u) per annum calculated from file tiuc date or such Ram. Tenant shall, In addition, pay as Additional Rent a fee of s5o.00 (or processing of late payments. 11.1 Accord ant) Satisfaction: No payment by Tenant or receipt by landlord or a lesser amount than the charges hcrcin xtiputalcd shall be stccmed to be other (ban on aceonnl or file earliest stipulated charges, nor shall any endorsement or stotcmeni on ¦ny cheek or letter uccnntpnnying nny check or payment he cieented fin accord find snlisfaetion', and Landlord may uccepl such check or paynretl willtnut prejudice to I.nndlurd's right 10 recover file bainnce or fifty amounts due hereunder or to pursue city miler remedy provided herein. 11.4 '1•imc of 1'ssscnce: TIML' IS (11''l'M' ESSUNCl1 OF TIIIS LEAS[!, 11.5 llnldlot ever. If Tenn at holds over M the end of the Lease Term without the wilIIcit consent of T.antllord,'rcnan( shall be deemed a tenant-al-sufferance slid 'T'enant shall ploy to landlord, during each mnnilt of such holdover period, as liquidated damages, a sum equal to double life highest amount or Rent paid by 'rcaant to l nndlord during any month of the Leasc Term,. provided, however, acceptance of Real by Landlord shall not be interpreted as a grant of permission for Tenant to continue in possession of the 1remises. 11.6 Severahilily: In the event any provision of this Lease to any extent shall be demaed invalid or uuutforccatbfc, the remainder of this I.enso xhall not he affected thereby, and file Lease and ltrc renunining provisions thereof shall be valid road enforceable to the full extent permitted by law. DQ?W7lAG?ClPct(841C[f6Drr]1ilts7[8iZS1T9Q1i600?C?Ott20)OIQ44900t03?iCk001CJilOl?di610D6]b7Na071JC9COl9(bpiQkXbdKl07C,lpt Y 11.7 MJ(tl1)o?1007t4t7?1C1gDlOll?ilt00)0701141dgc40Xxxxirx> >c?tDbDCkbfik9S?1tK`1290)tllCft9c9hXlF1(7PXffi3l'.1lcX??]4'stdt ?c-XCA`: >aateD{xs?c>aC?0ax0eo[dllxDClaxDa9a4t?k'!e»?Udat9ixxoc?aatkxooOaotDCdcucaa'SCa?otc?tsCaai'yxxn x pax xactit?st?xocvoscto 11.8 Wnlver: No waiver by Landlord of tiny provision of this 1-ease shall be deemed to be rt waiver of any Other provision hereof or or any subsequent breach by Tcnant of life sanoe provision. Landlord's consent to, or approval or, nny act by Tenant shall not he deemed to render unnecessary the obtaining of Landlord's consent to, or approval or, any suhsequcnl act. No agreement by Landlnrd to accept 't'enant's surrender of the Premises shall be valid unicss in writing from Landlord. 11.9 ItiLlit of Rntry: Landlord shall have free access to the Premises at all reasonable times to inspect life Premiscs and to make such repairs, addillons, Imprumncnls, changes or alterations to the 1'rcnriscs or the Stropping ('enter, as Landlord may elect. 11.10 Successors and Asidglis; Excepl its otherwise provided herein, (his Lcnse slfall he binding upon and inure to rile benefit of the parties hereto and their respective heirs, personal reprcscnlalivcs, cxcculors, successors and assigns. 11.11 licuilirors, C.aDliuns and References: 'l'ife Article and Section Captions contained in This I.easc fire for convenience only and do not in arty way limit for amplify tiny Icrms or provisions hereof, The use of the Iciness 'liumof and 'herein' dull re(cr to (Iris Lease its a whole, except where doted otherwise. 11.12 Survival or Qhlipntinnx: The provisions of this Lease with respect to any ubligntion or '1'cnani, including, without Ilnlilnlfol, any Indemnities of Tcnnni coninined in this Leone, acid T.enanr's covenant to ltsy rent, shall spcci(icnlly survive ilia expiration or earlier termination of this Lcosc, 11.13 i.nninrim and'renant ltelarlnnshlit: Nnlhing hcrcin coninined shall be deemed or construed by the parties hereto, nor by any other party, its erealing Ac relationship of principal and agent or of prrincrship or of joint vunrure between flue PuriJes hereto. No eslute shall pass front landlord to'knanl, and Oils Leasc shall not be subject to levy or sale, 11.14 Cmfnierclnim and .fury 'I'OM lit the even( that flue Landlord commences any summary proceedings or fiction for nonpayment of Item or other chaigcs provided for iu this Lciuse, Tenant shall not interpose any counlcrclaim of any nature or description in any such proceeding or fiction. 'l'cit:uut and Landlord 110th waive a trial by jury of any or all issues arising in any action or proceeding hclwecn (Ile parties hcrctu or their successurs, under or connected with this Leasc, or nay of its provisions. 11.15 NOlices: Any notice required or permitted to he given hereundcr shall be in writing and may be given by personal dclivery (including, without limitation, any nationally or regionally rccognlxed overnight delivery service such as Fcdernl tapress), or toy U.S. Cerlificd Mail, puslugc prepaid, return receipt requested. If notice is to lot sent to Landlord, such notice shall be aritimacs to I,rtndlord, at life address set.rorth In Scclion 1.1 of this Lease. If notice is in he scut to *I'ennn(, such notice shall he nddresscd to Tcnunt at rile address set (miff in Section 1.1 or this Leasc, or by pnsiing moult notice to the t Premises. Notices and demands shall be deemed (u hnvc bccu given (i) upon rile dote of depositing in the U.S. Mail, if scat by CcriMell Mail, (ii) upon delivery if persunally delivered, and (iii) upon posting, if posted to life Premises, I I.16 Ilcnrescnlntlufts: 't'enant acknowledges that ncilhcr Landlord nor Landlord's ngerils, employees, or contractors Kaye made tiny representations or promises wIlh respect to file Premiscs, life Shopping Center, or this Lcusc, except as expressly r s of the date of 'renattl's claim against Landlord, or (il) Landlord's cqully Interest In the Shopping Center. Landlord As used herein, shall include any assignee or other suceessor of the original Landlord or its successors or assigns. 11.18 Jurisdiction: The Inwsnf the State in which the Shopping Ccntcr Is located shall govern Utc intcrprctalion, validity, performance, and enforcement of this Lease. 11.17 UstnnPcl Certifientes: Within tcn (10) days after written rerlucst by Landlord, Tcuanl shall execute, Ickuowlcdgc, and deliver to landlord, or to such oilier party As may be designated by Landlord, a ecrlifieale stating that Ellis Lease is in cull force and effect and has not been modified, suppletncntcdpr-tintcnded in tiny way, except its indicated in such certificate; that a11 cnndiliuns and ngrecments hereunder to be performed by Landlord have been satisfied or performed, except as set forth in said certificate; that 't'enant is not In derault in the payment of Rcnt or any of the of her obligations required of Tenant hereunder, and that Tenant has paid l(cat as of the date set forth in the certificate. 11.20 P_nlirc Agreement; This Lcasc constitutes the entire agreement between the parties hereto with respect to tltc subject matter hereof and no subseriucnt antcadntcnt or agreement shall be binding upon either party unless it is signed by each party. The submission or this Lease ahatl no( eonsUtule an offer to Lease by landlord ind this Lease shall not be binding unless and until it is signed by randturd and'r'cttunt. 11.21 Exhiblls and Addenda: All exhibits and addenda Attached to Ellis Lease are by this reference imcorpurafed into this [.cast. Insa(ar as such cxliil) or addcodn conflict whit any of the terms or provisions eontakcd in the test of Ellis Lease, lite terms and provisiont'oJ'suelt exhibit or addenda shall govern and control. 11.22 Initial I?sfimntc ttf O ernlin Crisis: Landlord And Tenant hereby agree that Tenant's pro rata share of•operaling Costs are lailially cslimaled us be per square fuol of lite Premises lice annum. IN WITNESS WIM11HOlr, the parties hereto have execuled Ellis Lease tinder seal lite day and ycnr first alcove written. Witness Wiliness LANDLORD HPT Carlisle, L.P. nY: Its General Partner HP In . TENANT ` J Biagio nui f t, 1.1. N LL: N l? in trn C co ?- O 0 0 O V O _z ao lV Y I?) n- In .Q f l- 0 J Q c Q Q z -I ~^ of ?ZC? L1.! _I J _Z ? Q Q Y L.LI F-- t-- tY OOH t.) n\? r?V"T / / /?' I r r,?4o? A .,I1 - oo f t14 -' . ? .. IL i:l 41 :i/ LL Kl ?_L CV ra- .?.._ _? srr. _ / / W ut rc W ' ? O W / " C° L m o _ / O z ' Y U Q m• I- W VI U -' L) J ' ? I m I 6? 1. N ? ' no, V, bl { O } r 1 J 000s` 1 .. Qoo14( o ^ I; .?-- N 27'00'00" W 244.3' ,lo 0 9 J ; ? T `- 71 I I I I I I I 'sI I oI I a!J I I 11 ;i:l , I 1 11:1 i - l-f lil ? I I -.? Yi 1.11 1 r r LI ? q! 1 T' I O nl w Iw O Ni 1 V''y SKI c; n I ? ,I 1 ICI ,'?;I o° y ti 1 W c? n e ? ?- U x ;fat I1: CJ R- a- EXHIBIT B Tenant Build-Out 1. Landlords work shall consist of: 1) Drywall or exposed masonry at demising walls (drywall, taped, sanded, and ready tareceive paint) 2) 2'x 4' ley-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 stubbod into space 2' x 4' recessed fluorescent light fixtures at coiling- 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 enlire 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, :may - ' ---r- ??Ke napi Pr 615-591 -9473 JU'L-U. - ?U1 f1UN Ui.1U ; "1 HNI H'??'lGl,jIt'O 'ItU. HU, 1 61' h4l5 HPT & Associates, Inc. 15 1.C9 I ki Ao;_.• `.at th. Su tt 31?, N %ky, e4 TN 3 T_'CJ ph-,w; (, ! 5) 74: G l44 • • • Fir: (r• ! S7 7-12-64 8, 2000 (!qtr. Sonfly l3rlnuzzi Miseno Pizza 1225 Ritner Highway, Suite B Carlisle, PA 17013 Dear Beri y: Pursuant to our review of your lease agreement, the owner, HPT (Carlisle), L.P. would like to present the opportunity for you to renew your lease agreement for three (3) years at the following monthly amount: 9.01100.... , _ .. $1,231.25 per month And the option to extend an additional three years at $1,231.25 per month. It is understood that all'terms and conditians applicable to the lease agreement executed br:twr*n HPT (Carlisle), L.P. and Biagio lannuzzl will remain the same. F'ie?igo acknowledge your acceptance of thase germs by your signature below. 11. U I p.3 Thank you for your interest. Kindest Regards, Enid Thomasar RT)so Acknovviedged and Accepted this 18th day of July, 2000. L/I Mr 7 zi i 1 01 - - - --.. ..I • -„r. nrOOKe nap i pr G15-591-947-1 p-2 HPT & ASSOCIATES, INC. ................ 413-1 Ccn trai Nike • Mermajg} , TN. 3'076 . Phone 615.399.5893 • Fj.1 615.874.SU05 December 6, 2001 tiliseno Pi7-71 Min: Vito & Su;mine Lumuzzi 12'25 Ritrtcr Hwy Carlisle, PA, 17013 Re: Lcase Rencwa! Mar Vito & Suzanne, F,T-strant to our r_view of your lease agreement, the owner, 1-11"T Carlisle, LP would like to changz the tenant Paine to rellect deleting Biagio Ianru zi and adding Vito larnu77i per your ncluest. As of December 1. ?001 the tenant name on tine said lease agreement will change to Vito la11nuzzi. Please sign below and return the original to our office. Feel free. to call me (a; 615.399.8893 if you have any questions or concern,. c R`ith Kindest Regards, 1c,arrne Vanovcr-Wright Acknowlculged and accreted this,?? , t __ day of 11 , 2001, l!_' A Vito lannuzzi, Vliseno Pizza Enclosure: Copy of original least dated September 307 2001 ly '" F 17 05 02: 17p Brocke Napier 615-591-9473 HPT Carlisle 4124 Central Pike flermitage, Tai 37075 (615)399-8100 July 23, 2003 Vito lannuzzi Ivliseno Pizza 1225 Ritner Highway Carlisle, PA 17013 Dear Vito: Pursuant to our review of your lease agreement, the owner, HPT Carlisle is pleased to present the opportunity for you to renew the lease agreement for ten years at the following monthly amounts. Monthly Rent Additional Rent Total Rent 9/1/03 - 8/31104 1,150.00 218.75 1,368.75 9/1 /04 - 8/3.1/05 1,150.00 250.00 1,400.00 9/1105 - 8/31106 1,225.00 281.25 1,506.25 9/1/06 - 8/31/07 1,225.00 281.25 1,506.25 9/1107 - 8/31/08 1,300.00 312.50 1,612.50 9/1/08 - 8/31/09 1,300.00 312.50 1,612.50 9/1/09 - 8,11/10 1,375.00 343.75 1,718.75 9'1/i0 - 8/31/ 11 1,375.00 343.75 1,718.75 9/1/11 - 8131/12 1,450.00 375.00 1,825.00 9/1/12 - 8r^ 1,13 1,450.00 375.00 1,825.00 It is also hereby understood that all terms and conditions applicable to the le= agreement executed March 1994 between HPT (Carlisle), I-P. and Biaglo lannuzzi (subsequently assigned to Vito Iannuzzi on December 1, 2001) will retrain the same, with the exception of Section 3.3 Operating Costs which should read as follows: 3.3 Dperating Costs: Tenant shall pay to landlord along with its monthly installment of Minimum Rent, as Additioral Rent, Tenant's monthly snare 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 responsibility of.Landlord hereunder, including without limitation, p4;D,7ncn1 of all insurance premiums p.2 I? T 615-591-94773 p•3 Mar 17 o5 02:18p Brooke hlapier, HPT Carlisle 4124 Central Pike Hermitage, TN 37076 (615)399-8100 and taxes and assessments associated ,4v rh the Shopping 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 shall 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 S3.50 annually. Please acknowledge your acceptance of these terms by your signature below. Please call me at 615-399-8100 should you have any questions or concerns. Thank you, Brooke Napier day of 2003. Acknowledged and accepted this -?-- Vito Iannuzzi VL V Tq? rJr7 kiG f? bi Y _ ce I r G t? Lan I -,9 V Pizza Round Large ?'izz.a - Tin (16") ................. .._.... 58.50 Medium Pizza - plain (14") ..................... $7.50 Small Pizza - plain (12-1 ......................... $6.50 Pizza Special Large Pizza (16") .............................. S15-00 Medium Pizza j 14") ............................. S13.50 Small Pizza (12") .................................. $ 12.00 Stuffed Pizza Ham ¦ Salami ¦ Ricotta & Mozzarella Cheese Large Pizza ....................................... S15.00 Medium Pizza ..................................... S13.50 Small Pizza .......... ............................. S12.00 Stromboli Large .................................................... S9.80 Medium ................................................ $5.65 Steak-boli Large .................................................. S10.55 Medium ................................................ 56.25 Large Veggie Boli ................................ S10-60 Medium Veggie Boli .............................. $5.50 Large Chicken Steak Boli ..................... $10.55 Medium Chicken Steak Boli ................... 56.25 Calzone Large .................................................... S9.80 Medium ................................................ 55.65 Large Veggie Calzone ......................... $10.60 Small Veggie Calzone ............................ S5.65 Sicilian Pizza Plain (16'") ............................................. 59.50 Special (16") ........................................ S15.50 White Pizza Ricotta Cheese ¦ Broccoli Fresh Garlic ¦ Fresh Tomatoes Large (16") ................. ............... S 11.50 Medium (.' 4") ................................... S10.50 Small (I 2" ......................................... 59.50 Extras Extra Cheese ¦ Pepperoni w Mushrooms¦ Ham Sausage ¦ Peppers ¦ Ground Beef ¦ Salami Onions a Anchovies ¦ Meatballs ¦ Black Olives Large (16"1 ............................................ S I.60 Medium (14°) ....................................... S I.40 Small (12") ............................................ S 1.30 Slice Any 1 topping add $ .20 Round .................................................. S I.50 Sicilian .................................................. S 1.651 Veggie .................................................. 52.40 Mini Boli ............................................... $4.20 Stuffed Pizza ......................................... 52.50 White Pizza ........................................... $1.85 Pan Pizza Slice w/ Pepperoni & Sausage .... 52.50 Italian Roll ............................................ S3.25 Steak Roll ............................................. 53,25 Hamburgers Hamburger ........................................... S2.10 Cheeseburger ....................................... $ 2.20 Hamburger Deluxe ............................... $ 2.70 Cheeseburger Deluxe ............."............. $2.90 Party Subs 6 Foot Sub .......................................... 552.00 4 Foot Sub .......................................... $33.00 2 Foot Sub .......................................... $22.00 Please place order 24 hours in advance. Side Orders French Fries .......................................... SI.65 Onion Rings ......................................... S I.70 Mozzarella Cheese Sticks (6 piece) ......... S4.25 Chicken Breast Deluxe w/ Fries, LTMO... S4.50 Shrimp Basket w/ Fries .......................... S5.50 Pizza Fries ............................................. 52.40 Breaded Mushrooms .............. ............... S3.25 Chicken Fingers w/ Fries ........ ............... $5.00 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 0 - M 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 t 1 yours, Richard P. Mislitsky CC: Vito Iannuzzi Karl M. Ledebohm, Esquire VITO IANNUZZI PLAINTIFF Vs. STRATO MARCO DELLA RAGIONE A/K/A STRATO MARCO DELLE RAGIONE and ROSALBA DELLE RAGIONE a/k/a ROSALBA DELLA RAGIONE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: DEFENDANT CIVIL ACTION -LAW 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. Date: 7 Vito Iannuzzi 4 ! cr, F Cif L r,E P6 in 1012 MAIR -1 AM 11:5 7 CUMBERLAND GoUiIT,?, 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 IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA Vs. :NO.: 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) CIVIL ACTION - LAW NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS To: Strato Marco Della Ragione, a/k/a Strato Marco Della Ragione Rosalba Delle Ragione a/k/a Rosalba Della Ragione 1225 Ritner Highway, Carlisle, PA 17013 A judgment in the amount of $80,212.34 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the writ of execution and deliver it to the Sheriff of Cumberland County at the Sheriff's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON 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: Richard P. Mistli tky, Esq. Supreme Court ID 28123 One West High Street P.O. Box 1290 Carlisle, PA 17013 (717)241-6363 arl M. ed bohm,"Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 'LED-Or F 'y, 1?F PR0THON0 , 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 2012 MAR -I AM!(:57 CUMBERLAND COUNTY PENNSYLVANIA 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) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ti NO.: : CIVIL ACTION - LAW PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Notice of hearing should be given to me at : (Address) Defendant Telephone No.: 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 13 ` 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) _ ?..?.i-Ctr, f HE P=1 J l ?i( 3 f V3 e` t'' 2012 MAR -1 AM 11 : S6 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: : CIVIL ACTION - LAW 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 Plaintiffs 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, 'chard P. Mi itsky, Esq. Supreme Court ID #: 28123 One West High St., P.O Box 1290 i 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 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) 2012 MAR - F QM F1.56 CUMBERLAti[j CuU1 ?? PENNSYLV COU ANI,A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA NO.: 13 4, : CIVIL ACTION -LAW 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, Rosalba Delle Ragione a/k/a Rosalba Della Ragione is not currently on a tive military service. Date: February 28, 2012 r spectfully submitted, Richard P. Mislitsky, Esq. /Supreme M. Ledebohm, Esq. Supreme Court ID #: 28123 Court ID #: 59012 One West High St., P.O Box 1290 Box 173 Carlisle, PA 17013 New Cumberland, PA 17070-0173 (717)241-6363 (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 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) 'HE PROTHON07APY 2012 MAR -I AM 11: 56 CUMBERLAND COUNTY PENNSYLVANIA: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter our appearance on behalf of the plaintiff, Vito Iannuzzi. Date: February 28, 2012 R s, ectfully submitted, MIA Richar P. Mislitsky, Esq. Supreme 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 .P f ;i_ L 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 I" 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) 2012 MAR - I AM 11: 57 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: / Ob CIVIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT TO THE PROTHONOTARY: ?q"4'j Issue a writ of execution upon a judgment entered by confession in the above matter, (1) directed to the Sheriff of Cumberland County: (2) against 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, defendant[s] (3) against Rosalba Delle Ragione a/k/a Rosalba Della Ragione, 1225 Ritner Highway, Carlisle, PA 17013, defendant[s] (4) against n/a garnishee[s] -2, ti (5) and enter this writ in the judgment index (a) against 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, defendant (b) against Rosalba Delle Ragione a/k/a Rosalba Della Ragione, 1225 Ritner Highway, Carlisle, PA 17013, defendant[s] (c) [s]against n/a, garnishee, and levy upon any and all equipment of defendants found at the Restaurant known as Mesino's Pizza, 1225 Ritner Highway, Carlisle, PA 17013, including, without limitation, ovens, food mixing and processing equipment, furniture, refrigerators, freezers, computers, printers and registers. (6) Amount due Interest from 2/29/12 Attorney's fees Costs $80,212.34 (6% per annum to be added) (to be added) (to be added) I certify that this praecipe is based upon a judgment entered by confession, and Notice will be served with the writ of execution pursuant to Rule 2958.3. Date: February 28, 2012 s ectfully submitted, Richard P. Mislitsky, Esq. Supreme Court ID #: 28123 One West High St., P.O Box 1290 Carlisle, PA 17013 (717)241-6363 I r arl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 a/ 4s•.SZ? ?l . a? ilk P/ -7 7 e-e-) - y. vas Richard P. Mislitsky, Esquire One West High Street P.O. Box 1290 Carlisle, PA 17013 (717)241-6363 20I2MAR-I AM It: 56 CUMBERLAND C0Uj4Ty PENNSYLVANIA Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1" FEDERAL CREDIT UNION 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 aWa ROSALBA DELLA RAGIONE DEFENDANT(S) NO.: / Ira J ??,?,W CIVIL ACTION -LAW WAIVER OF WATCHMAN Plaintiff, Vito Iannuzzi, through his legal counsel, Karl M. Ledebohm, Esquire and Richard P. Mislitsky, Esquire, waives the necessity of providing a watchman upon service of the Writ of Execution in the above captioned matter. Date: February 28, 2012 spectfully submitted, Richard P. Mislitsky, Esq. Supreme Court ID #: 28123 One West High St., P.O Box 1290 Carlisle, PA 17013 (717)241-6363 Carl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2012-1369 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Members I" Federal Credit Union Plaintiff (s) From 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 (1) You are directed to levy upon the property of the defendant (s)and to sell and levy upon any and all equipment of defendants found at the restaurant known as Mesino's Pizza, 1225 Ritner Highway, Carlisle, PA 17013, including, without limitation, ovens, food mixing and processing equipment, furniture, refrigerators, freezers, computers, printers and registers. (2) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,212.34 L.L.$.50 Interest from 2/29/12 (6% per annum to be added) Atty's Comm % Atty Paid $77.00 Plaintiff Paid Due Prothy $2.25 Other Costs Date: 3/1/2012 (Seal) L David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name Richard P. Mislitsky, Esq. Address: One West High St., P. O. Box 1290 Carlisle, PA 17013 Attorney for: PLAINTIFF Telephone: 717-241-6363 Supreme Court ID No. 28123 Karl M. Ledebohm, Esq. P. O. Box 173 New Cumberland, PA 17070-0173 717-938-6929 59012 14 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 IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO.: 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) CIVIL ACTION -LAW 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 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 You are hereby notified that on 3 2012, a judgment by confession was entered against you in the sum of $80,212.34 in the above captioned matter. wow Date: 3 / '1 JIN 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 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 7! L E' 2,M2 MAP 20 AM I0* 21 iii L'uU t; MBERLA- PENNSYLVANIA COPY 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.: ice- 1 Cep c c"1 : CIVIL ACTION - LAW PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I: verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Notice of hearing should be given to me at : U- ec? &-a) 'S - l e-% ???? (Address) `O(V Defendant ?- g Telephone No..?(?> RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy GO0ty RICHARD W. STEWART Solicitor OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 March 20, 2012 Cumberland County Court Administration 1 Courthouse Square Carlisle, PA 17013 Enclosed please find Petition to Strike Judgment Request for Prompt Hearing, pertaining to Civil Case Number 2012-1369 Civil, Members I" Federal Credit Union vs. Strato Marco Della Ragione et al filed by Rosalba Della Ragione. This form was filled out by Ms. Ragione when she was served with a writ of execution in this case. Also, please forward a copy of the Notice of Hearing to my attention in the Sheriff's office, however it is the Court's responsibility to notify all parties involved. Thank You for your consideration to this matter. n Sharon R. Lantz of CunubPr f '?d VITO IANNU:ZI, 2012 MAR 20 PM 4• t I Plaintiff CUMBERLAND COUNT' PENNSYLVANIA V. 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 DELLE RAGIONE Defendants *000 oft"ftwa *00 x3 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No. 2012-1369 IN RE: PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING ORDER OF COURT AND NOW, this 20'' day of March, 2012, upon consideration of the Defendant's Petition to Strike Judgment and Request for Prompt Hearing, notice of which was given to the court by the Sheriff on March 20, 2012, a hearing is scheduled for 2j 202 at 61= ?0 in Courtroom Number 6, Cumberland County Courthouse, Carlisle, Pennsylvania. The sole issue to be addressed at the hearing is whether Defendant voluntarily, intelligently, and knowingly waived the right to notice and hearing prior to the entry of judgment. The Petition will be disposed of under Pa.R.Civ.P. No. 2958.3. Pursuant to Pennsylvania Rules of Civil Procedure, execution proceedings are hereby STAYED pending the court's Disposition of the Petition to Strike Judgment. By the Court Thoma lacey C.P.J. Distribution List: ? Richard P. Mislitsky, Esq. One West High Street P.O. Box 1290 Carlisle, PA 17013 For Plaintiff Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070 For Plaintiff V Rosalba Delle Ragione 1225 Ritner Highway Carlisle, PA 17013 Rosalba Della Ragione 1225 Ritner Highway Carlisle, PA 17015 I/Strato Marco Delle Ragione 1225 Ritner Highway Carlisle, PA 17013 ? Strato Marco Delle Ragione 7 Carolyn Street Apt 1-B Harrisburg, PA 17112 Miseno's Pizza 1225 Ritner Highway Carlisle, PA 17013 epples ma,W 3/aill;L M-1` 0e 1? RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy G110ty OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 March 20, 2012 Cumberland County Court Administration 1 Courthouse Square Carlisle, PA 17013 RICHARD W. STEWART Solicitor Enclosed please find Petition to Strike Judgment Request for Prompt Hearing, pertaining to Civil Case Number 2012-1369 Civil, Members 1St Federal Credit Union vs. Strato Marco Della Ragione et al filed by Rosalba Della Ragione. This form was filled out by Ms. Ragione when she was served with a writ of execution in this case. Also, please forward a copy of the Notice of Hearing to my attention in the Sheriff's office, however it is the Court's responsibility to notify all parties involved. Thank You for your consideration to this matter. OSSharon R. Lantz of ?urrt?Pr?? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F41 r _ _ F- Sheriff 4?r%tr of ?"?tankr?/r,? Jody S Smith Chief Deputy L II12 MA[1 2 1 AM 9: 22 Richard W Stewart 4- Solicitor OFFICE F THE ERtFF r;'UMSERLAND 6Qltl'g7-, PENNSYLVANIA Members 1st Federal Credit Union vs. Case Number Strato Marco Della Ragione (et al.) 2012-1369 SHERIFF'S RETURN OF SERVICE 03/19/2012 10:15 AM - William Cline, Deputy, being duly sworn according to law, states that on March 19, 2012 at 10:15 AM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Rosalba Delle Ragione at 1225 Ritner Highway, Carlisle Borough, Carlisle, PA 17013, informed Defendarr of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 03-20-12. Also sent copy of Petition to Strike Judgment Request for Prompt Hearing that was filled out and signed by Rosalba Della Ragione. March 20, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shenk Tekaosoft. Inc. ` p t =012 MAR 23 VITO IANNUZZI, +"-UMBERLAN Plaintiff PENNs y v. 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 DELLE RAGION E Defendants Pis 2: r, A 1AW IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No. 2012-1369 IN RE: PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING ORDER OF COURT AND NOW, this 23rd day of March, 2012, upon consideration of Defendants' Petition to Strike Judgment and Request for Prompt Hearing, and following a hearing on Defendants' Petition to Strike, at which Plaintiff was represented by counsel in the persons of Richard P. Mislitsky, Esq. and Karl M Ledebom, Esq., and Defendants were represented by counsel in the person of Hilary Vesell, Esq., the court finds that Plaintiff has shown, by a preponderance of the evidence, that Defendants voluntarily, intelligently, and knowingly waived the right to notice and hearing prior to the entry of a confessed judgment. Accordingly, Defendants' Petition to Strike Judgment is DENIED. Pursuant to Pennsylvania Rule of Civil Procedure 2958.3(c)(1), the stay entered pursuant to Rule 2958.3(d) is automatically terminated. w"Richard P. Mislitsky, Esq. Karl M. Ledebom, Esq. One West High Street P.O. Box 1290 Carlisle, PA 17013 For Plaintiff L/Hilary Vesell, Esq. Kope & Associates, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 For Defendants coft's e.5 ka. %,ecl 3%x31 )eleL By the Court, Thom A. Placey C.P.J. STRATO DELLA RAGIONE and ROSALBA DELLA RAGIONE d/b/a MESSINO'S PIZZA, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT VITO IANNUZZI, Defendant No. 2012-1369 IN RE: EMERGENCY PETITION FOR PRELIMINARY INJUNCTION ORDER OF COURT 'Tor AND NOW, this \3 day of April, 2012, upon consideration of Plaintiffs' Emergency Petition for Preliminary Injunction, and it appearing to the court that Plaintiffs seek: (1) to enjoin Defendant from delivering food to residential customers, in reliance upon Paragraph 20 of the Installment-Asset Agreement, which is attached to their Petition and made part of the record thereby; and (2) to stay the Writ of Execution at docket number 2012-1369 Civil Term, the court is unable to find that Plaintiffs have satisfied their burden in establishing entitlement to the requested relief. Accordingly, Plaintiffs' Emergency Petition for Preliminary Injunction is DENIED. Thomas C.P.J. Distribution Hilary Vesell, Esq. V Kope & Associates, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 For Plaintiffs /Richard P. Mislitsky, Esq. Karl M. Ledebom, Esq. One West High Street P.O. Box 1290 Carlisle, PA 17013 For Defendant C'©?,??s ?,-lam ???3??a ?? c SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Fstixtn oil C1114i,err�,,� IT F'fiftutrj O?,' 1 Jody S Smith Chief Deputy 2013 JUN 10' 010: Richard W Stewart fPub3ER r� t Solicitor OFFICE FTkESHERIFF �Id�'S!}'LVA N I A Vito lannuzzi Case Number vs. Strato Marco Della Ragione(et al.) 2012-1369 SHERIFF'S RETURN OF SERVICE 03/19/2012 10:15 AM-William Cline, Deputy , being duly sworn according to law, states that on March 19, 2012 at 10:15 AM hours, served the requested Writ of Execution and Claim for Exemption Form by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Rosalba Delle Ragione at 1225 Ritner Highway, Carlisle Borough, Carlisle, PA 17013, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 03-20-12. Also sent copy of Petition to Strike Judgment Request for Prompt Hearing that was filled out and signed by Rosalba Della Ragione. 03/20/2012 Defendant Rosalba Delle Ragione did complete Petition to Strike Judgment Request for Prompt Hearing form at the time she was served and levy completed. Sent original form and letter to the Court Administrator's office on March 20, 2012. 03/20/2012 ORDER OF COURT-And now, this 20th day of March, 2012, upon consideration of the Defendant's Petition to Strike Judgment and Request for Prompt Hearing, notice of which was given to the court by the Sheriff on March 20, 2012, a hearing is scheduled for 23 March 2012 at 9:30 AM in Courtroom Number 6, Cumberland County Courthouse, Carlisle, Pennsylvania. The sole issue to be addressed at the hearing is whether Defendant voluntarily, intelligently, and knowingly waived the right to notice and hearing prior to the entry of judgment. The Petition will be disposed of under Pa.R.Civ.P. No. 2958.3. Pursuant to Pennsylvania Rules of Civil Procedure, execution proceedings are hereby STAYED pending the court's Disposition of the Petition to Strike Judgment. By the Court, Thomas A. Placey 03/23/2012 ORDER OF COURT-And now, this 23rd day of March, 2012, upon consideration of Defendants' Petition to Strike Judgment and Request for Prompt Hearing, and following a hearing on Defendants' Petition to Strike, at which Plaintiff was represented by counsel in the persons of Richard P. Mislitsky, Esq. and Karl M. Ledebom, Esq., and Defendants were represented by counsel in the person of Hilary Vesell, Esq.,the court finds that Plaintiff has shown, by a preponderance of the evidence, that Defendants voluntarily, intelligently, and knowingly waived the right to notice and hearing prior to the entry of a confessed judgment. Accordingly, Defendants' Petition to Strike Judgment is DENIED. Pursuant to Pennsylvania Rule of Civil Procedure 2958.3(c)(1),the stay entered pursuant to Rule 2958.3(d) is automatically terminated. By the Court, Thomas A. Placey 03/23/2012 09:39 AM - Bryan Ward, Deputy Sheriff, being duly sworn according to law, states that on March 23, 2012 at 0939 hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Strato Marco Della Ragione at the Cumberland County Courthouse, 1 Courthouse Square,4th Floor, Carlisle, Cumberland County, PA 17013, and informed Defendant of contents of same (NOTE: defendant was served just prior to hearing in re: Petition to Strike Judgment Request for Prompt Hearing; therefore, Petition to Strike Judgment form NOT served upon this defendant as hearing was already scheduled and about to be held). Copy of same paperwork mailed to defendant on 03-26-12. (C)CountySuite Sheriff,Toleosoft.Inc. 03/23/2012 09:39 AM - Bryan Ward, Deputy Sheriff, being duly sworn according to law, states that on March 23, 2012 at 0939 hours, served the requested Wr't of Execution and Claim for Exemption Form by "personally"handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Strato Marco Della Ragione t/d/b/a Mesino's Pizza at the Cumberland County Courthouse, 1 Courthouse Square, 4th Floor, Carlisle, Cumberland County, PA 17013, and informed Defendant of contents of same (NOTE: defendant was served just prior to hearing in re: Petition to Strike Judgment Request for Prompt Hearing; therefore, Petition to Strike Judgment form NOT served upon this defendant as hearing was already scheduled and about to be held). Copy of same paperwork mailed to defendant on 03-26-12. 06/07/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $169.18 SO ANSWERS, June 07, 2013 RON R ANDERSON, SHERIFF -2, (C)CcuntySuite Sheriff,Teleosoft,Inc. VITO I.ANNUZZI PLAIN11kF 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) : 12-1369 CIVIL ACTION — LAW : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 12-1369 CIVIL 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 with the consent of Plaintiff, Vito Iannuzzi who has also signed this document. Richard P. Mislitsky Attorney for Plaintiff S. Ct. # 28123 One W. High Street, P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Respectfully submitted, Karl M. Ledebohm, Attorney for Plaintiff S. Ct. # 59012 P.O. Box 173 New Cumberland, PA 17070-0173 717-938-6929 Vito Tannuz7i, Plaintiff 3 Rockwell Court Carlisle, PA 17015 717-241-2924 CD r`) 7..") 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 Strata Marco Della Ragione and Rosalba Della Ragione aka Rosalba Della Ragione, Defendants :No. 12-1369 Civil Action, Law PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on my own behalf in No. 12-1369. Respectfully submitted, 11) Date: 11 t -2 - VITO IANNUZZI Plaintiff, Pro Se 598 West High Street Carlisle, PA 17013 717-240-0133 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 :No. 12-1369 Civil Action, Law AFFIDAVIT OF NON-MILITARY SERVICE 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. RespecS ull submitted, Date: )// y/?-- VITO IANNUZZI Plaintiff, Pro Se 598 West High Street Carlisle, PA 17013 717-240-0133