HomeMy WebLinkAbout12-1600. V.
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RDJAM, LP IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
r-? r.. ,
CIVIL ACTION
HERRE BROS, INC. NO. pal a' U E
Defendant
BREACH OF CONTRACT
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Court Administrator, Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
0,1,, % 10 3,? St1
_44,_ 14 3Vtf
ior
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
Email: pru,tiuu.pjllat-ti.coii?
Paul D. Edger, Esquire
Email: pcdLer'u-.pjrlatiN.com
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
RDJAM, LP IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
HERRE BROS, INC. NO.
Defendant
BREACH OF CONTRACT
NOTICE TO PLEAD
TO: Herre Brothers, Inc.
4417 Valley Road
Enola, PA 17025
You are hereby notified to file a written response to the enclosed Complaint within
twenty (20) days from service hereof or a judgment may be entered against you.
espectful y ubmitted
a ices of lfeter J. Russo, P.C.
5006 E. Trindle Rd, Suite 100
Mechanicsburg, PA 17050
Peter J. Russo, Esquire
I.D. No. 72897
Paul D. Edger, Esquire
I.D. No. 312713
Date: Monday, March 12, 2012
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
Email: pru;?> u.pirLa??.com
Paul D. Edger, Esquire
Email: pcd?f_r?t;pjrlt?t.?om
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
RDJAM, LP
Plaintiff
HERRE BROS, INC.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO.
BREACH OF CONTRACT
COMPLAINT IN BREACH OF CONTRACT
AND NOW COMES, the Plaintiff, RDJAM Limited Partnership, by and through its counsel,
Law Offices of Peter J. Russo, P.C. and avers the following in support of its claims:
PARTIES
1. Plaintiff, RDJAM Limited Partnership (hereinafter "RDJAM") is a Pennsylvania
limited partnership with a principal place of business at P.O. Box 272, Enola, PA
17025.
2. Defendant, Herre Bros, Inc. (hereinafter "Herre") is a Pennsylvania Corporation
whose principal place of business is 4417 Valley Road, Enola, PA 17025.
OPERATIVE FACTS
3. This is an action for breach of contract and damages arising out of a commercial lease
executed by Herre dated October 17, 2001.
4. Herre is the owner of the real property located at 4417 Valley Road Valley Road,
Enola, PA 17025.
5. RDJAM is also the owner of the real property adjacent to 4417 Valley Road, Enola,
PA 17025 (hereinafter "Lot").
6. On October 17, 2001, RDJAM and Herre executed a lease agreement whereby Herre
would be renting:
a. The Lot adjacent to 4417 Valley Road, Enola, PA 17025 for the purpose of
storage and uses accessory to its business of mechanical contractor.
7. A true and correct copy of said Lease is attached hereto an Exhibit A (hereinafter
"Lease").
8. Pursuant to Section Five of the Lease, the monthly lease beginning November 1, 2001
was in the amount of $1,600.00 per month. The rent was due on the first day of each
month for that month's rental.
9. Pursuant to Section Five of the Lease, the monthly rent would increase three and five-
tenths percent (3.5%) annually.
10. The term of the Lease was to begin on November 1, 2001 and expire on October 31,
2026.
11. Herre took possession of the Lot on or about November 1, 2001.
12. Herre remitted the required monthly rent until January 1, 2012.
13. Beginning on or about February 1, 2012, Herre failed to make the requisite rent
payment due under the terms of the Lease.
14. Herre has failed to pay RDJAM the monthly rent since February 1, 2012 and has
failed to pay to RDJAM any part of the rent owing on or becoming due since that
date.
15. Pursuant to Section Fifteen of the Lease, Herre's failure to pay rent as required is a
material breach of the Lease.
16. RDJAM has continued to perform all obligations and covenants RDJAM is obligated
to perform under the Lease.
17. On February 2, 2012, RDJAM sent Herre a notice of default and demand notice
bringing the unpaid rent to Herre's attention. Herre received the demand on February
3, 2012. Attached as Exhibit B is a true and correct copy of the notice sent to Herre.
18. On February 23, 2012, RDJAM sent Herre another default notice and demand notice
to Herre's. This letter notified Herre that if payment was not received by Wednesday
February 29, 2012 legal action would be sought. Herre received the notice on
February 24, 2012. Attached as Exhibit C is a true and correct copy of the notice sent
to Herre.
19. More than the thirty (30) days have passed since the first Herre's last payment of rent,
and to date, Herre has not cured the default.
20. Since February 1, 2012, Herre has failed to pay rent due and owing under the terms of
the lease. As a proximate result of Herre's failure to pay rent Plaintiff has been
damaged in the amount of $4,905.50 which represents rent due and owing for the
period February 1, 2012 to March 31, 2012 plus interest on that amount at five
percent (5%) calculated pursuant to Section Six of the Lease.
21. Pursuant to Section Twelve of the Lease, as a result of the breach of contract by
Herre, rent is due for the unexpired portion of the then current term of the Lease, at
the rate which is then due and collectible under the terms of the Lease.
22. As the date of the breach of contract by Herre, thirteen (13) years, and nine (9)
months remain on the unexpired portion of the Lease.
23. Herre owes RDJAM the amount of $488,503.26 as rent for the unexpired portion of
the Lease, calculated from February 1, 2012 through the natural expiration of the
Lease on October 31, 2026, including the three and five-tenths percent (3.5%)
annually annually pursuant to Section Five of the Lease.
24. RDJAM is entitled to recover of reasonable attorney's fees and costs towit, RDJAM
seeks $1,500.00 in attorney's fees and $203.75 in costs.
WHEREFORE, Plaintiff, RDJAM Limited Partnership demands judgment
against Defendant, Herre Bros, Inc. the following sums:
a. $4671.90 in past due rent;
b. Interest of 5% which continues to accrue in the amount of $116.80 per month
from February 1, 2012 forward, as authorized by the Lease Agreement;
c. $488,503.26 as rent for the unexpired portion of the Lease;
d. $1,500.00 in attorneys fees;
e. $203.75 in costs of suit to date; and
f. Interest from the date of Judgment.
/kespectfu Iy-S:-lubnr tted
Law Offices o sso, P.C.
5006 E. Trindle Rd, Suite 100
Mechanicsburg, Pik 17050
Peter J. Russo, Esquire
I.D. No. 72897
Paul D. Edger, Esquire
Date: a t r a I.D. No. 312713
4--
EXHIBIT A
l &IM DY 14D.1
COMMERCIAL LEASE
1. PARTIES
1004
THIS AGREEMENT OF LEASE, is made this 1; day of o c'7"o.a•?.t , 2001, between
RDJAM LIMITED PARTNERSHIP, a Pennsylvania limited partnership, whose principal place
of business is at 4425 Valley Road, Suite 200, Enola, Cumberland County, PA 17025 (for the
purpose of this Lease to be known as "Lessor") and HERRE BROS., INC a Pennsylvania
corporation, whose principal place of business is at4417 Valley Road, Enola, :Pennsylvania,
17025 (for the purpose of this Lease to be known as "Lessee").
2. PREMISES'
WITNESSEITL that Lessor in consideration of the rents and covenants hereinafter mentioned,
does demise and lease unto Lessee, all that certain tract of land to be used for storage purposes,
hereinafter referred to as "the Premises", and more specifically described as fbllows:
ADDRESS: Lot adjacent to 4425 Valley Road, Hampden Township (Mail: Enola),
Cumberland County, Pennsylvania 17025
consisting of 0.979 acres. The specific location of the Premises is delineated on the Subdivision
Plan attached as Exhibit "A".
3. USE
The Lessee may use the Premises only for the storage and uses accessory to its business of
mechanical contractor and for no other use.
4. TERM
TO HAVE AND TO HOLD, unto Lessee, subject to the conditions of this Lease, for the initial
term ("Initial Term") of twenty-five (25) years beginning November 1, 2001 and ending October
31, 2026.
5. BASE RENT
IN CONSIDERATION of which, Lessor leases the land and Lessee agrees to pay rent in equal
installments advance on the first day of each month for that month's rental, which rent shall
increase Three and Five-tenths percent (3.5%) annually, all as set forth' below:
GKS #52833.2
Year
of
Lease
Annual Rent Monthly
Rent
?- $19,200.00 $1,600.00
$19,872.00 $1,656.00
$20,567.52 $1,713.96
$21,287.38 $1,773.95
$22,032.44 $1,836.04
$22,803.58 $1,900.30
,.Y $23,601.71 $1,966.81
$24,427.77 $2,035.65
$25,282.74 $2,106.90
$26,167.64 $2,180.64
Lk' $27,083.51 $2,256.96
12 $28,031.43 $2,335.95
13 $29,012.53 $2,417.71
14 $30,027.97 $2,502.33
15 $31,078.95 $2,589.91
16 $32,166.71 $2,680.56
17 $33,292.54 $2,774.38
18 $34,457.78 $2,871.48
19 $35,663.80 $2,971.98
20 $36,912.03 $3,076.00
21 $38,203.95 $3,183.66
22 $39,541.09 $3,295.09
23 $40,925.03 $3,410.42
24 $42,357.41 $3,529.78
25 $43,839.92 $3,653.33
Total $747,837.43
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(A q. 'S 5 J\. \'A
All rental payments shall be made to Lessor, at the address Sspecified above.
2 '?
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6. LATE CHARGE
Any rent not paid within ten (10) days of its due date shall be subject to a five: percent (5%) late
charge. Payments, when received by Lessor, shall be applied first to delinquent rents and late
charges, if any.
7. PLACE OF PAYMENT
The rent reserved shall be promptly paid on the several days and times specified herein without
deduction or abatement, unless hereinafter provided to the contrary, at the principal office of
Lessor or such other address as Lessor may from time to time designate in writing.
8. HOLDING OVER AS RENEWAL
A hold over by Lessee beyond the terms of this Lease or any herein before duly authorized
additional term, or failure of Lessee to give notice of its intention to vacate 6-e Premises at the
end of such term at least 180 days prior to such end of term, shall, at the option of Lessor, be
deemed a renewal of this Lease on a month-to-month basis, with the renewal being under and
subject to all provisions contained in this Lease, with the exception of any provision for the base
rental rate which shall be increased as provided in paragraph 5.
9. COSTS AND EXPENSES
This is a triple net lease; so the Lessee shall pay all of the costs and expenses related to the
Premises including, but not limited to real estate taxes, insurance, maintenance, governmental
assessments, paving, fencing and all other costs and expenses in connection with the Premises.
10. NEGATIVE COVENANTS OF LESSEE
A. Waste, Damaze, or Injury to Premises: Restoration
No waste, damage, or injury to the Premises shall be committed, nor should any hazardous
materials be placed on the premises; and at the end of the term, the Premises shall be restored, at
the option of the Lessor, to the same condition in which it was at the commencement of the term,
and the cost of said restoration shall be paid by Lessee, which cost shall be treated as additional
rent due and owing under the terms of this Lease. This paragraph is subject to the exceptions of
ordinary wear and tear and unavoidable damage by fire, elements, casualty, or other cause or
happening not due to Lessee's negligence.
B. Lawful Possession, Fire Precautions, Machinery, WeiLyhts
Lessee shall not carry on any unlawful or immoral business in or about the Premises, and shall
not carry on any business which will endanger the Premises or any building from fire or cause a
forfeiture of any fire insurance that Lessor has or may hereinafter have on the Premises. Lessee
shall use every precaution against fire, or activities which would cause a forfeiture of any fire
insurance. Lessee shall not operate any machinery or equipment that may be harmful to the
Premises or disturbing to other occupants in the vicinity of the Premises, nor place weights in
any portion of the Premises beyond the safe carrying capacity of the structure.
C. 5k m
Lessee may place any signs upon the exterior of the Premises as approved by Lessor.
D. Alterations and Improvements
Lessee shall make no alterations, additions, or improvements in or about the Premises without
Lessor's prior written consent. All such work shall be done at such time and in such manner as
shall minimize any inconvenience to other occupants of adjacent Premises owned by the Lessor.
As a condition precedent to Lessor's consent, Lessee shall deliver to Lessor written plans and
specifications for all work and written plans and specifications for all alterations and/or
improvements. Lessor shall have the right to approve any contractor to be used by Lessee in
connection with any, approved alterations and/or improvements to the Premises. Lessee shall
comply with all governmental rules and regulations in connection with such work and shall
prevent any lien or obligation from being created against or imposed upon the., Premises and will
discharge all liens and charges for services rendered or materials furnished immediately after
said liens occur or such charge becomes due and payable. Any alterations, additions, or
improvements made by Lessee and any fixtures installed as part thereof, shall at Lessor's option
become the property of Lessor upon the expiration or sooner termination of this Lease; provided,
however, that Lessor shall have the right to require Lessee to remove such fixtures or
improvements and restore the Premises to its original condition at Lessee's cost upon the
expiration or sooner termination of this Lease.
E. Assigning, Etc. by Lessee
Lessee shall not have the privilege of assigning or subletting the Premises, or mortgaging any
interest it may have by virtue of this Lease, unless the written consent of Lessor is first obtained,
which consent is at the sole discretion of Lessor.
11. LESSOR'S RIGHTS
A. Right of Inspection; Other Access
It is agreed and understood that Lessor, Lessor's duly authorized agents, contractors, and
employees may enter the Premises at reasonable times during the term for the purpose of
inspecting and to make repairs, and at any time to address an emergency condition, without
charge, liability or abatement of Rent.
B. Rules and Regulations
Lessor may from 'time to time establish reasonable rules and regulations for the safety, care, and
cleanliness of the Premises and any building erected thereon, and for the preservation of good
GKS #52833.2
order therein. Such rules and regulations shall, when notice thereof is given to Lessee, form a
part of this Lease.
12. REMEDIES OF LESSOR
If Lessee should remove or prepare to remove, or attempt to remove from the Premises before
the expiration of the term or at any time during the continuance of this Lease, or if Lessee shall
be in default of any installment of rent for the period of twenty (20) days, or should there be a
default in any of the covenants or conditions as herein contained, and should Lessee fail to
remedy such default within twenty (20) days of notice, or if Lessee should become insolvent, or
make an assignment for the benefit of creditors, or if a petition in bankruptcy is filed by or
against Lessee or a Bill of Equity or other proceeding for the appointment of a receiver for
Lessee is filed, or if proceedings for reorganization or for composition with creditors under any
state or federal law be instituted by or against Lessee, or if the real or personal property of
Lessee shall be sold after levy by any Sheriff, Marshal, or Constable, then in that event, rent for
the unexpired portion of the then current term of this Lease, at the rate which is then due and
collectible under the terms of this Lease, shall immediately become due and payable and shall be
collectible by distraint or otherwise, and Lessor shall have the further right in said event, to
forfeit and terminate this Lease; the said forfeiture to be effected by giving notice in writing to
Lessee herein or to the person then in charge of the Premises.
13. RESPONSIBILITY OF LESSEE
A. Damages or Injury to Property
All damages or injuries done to the Premises by Lessee and/or Lessee's customers, clerks,
servants, agents, employees, visitors of Lessee, and individuals for whom Lessee is responsible,
other than those caused by ordinary wear and tear, shall be repaired by Lessee at its expense.
Lessee covenants and agrees to make such repairs upon twenty (20) days written notice given to
Lessee by Lessor, and if Lessee shall neglect to make said repairs or commence to make the
same promptly or complete the same within twenty (20) days after receiving such notice, Lessor
shall have the right to make such repairs at the expense and cost of Lessee, and the amount
thereof may be collected as additional rent accruing for the month following the date of the said
repairs, and if said expense is made at the expiration of the term, then the cost so made may be
collected by the Lessor as additional rent for the use of the Premises during the entire term.
B. Payment of Judement. Etc.
Lessee shall bear, pay, and discharge when and as the same become due and payab 1 e all
judgments and lawful claims for damages or otherwise against Lessor, arising from Lessee's use
or occupancy of the Premises and will assume the burden and expense of defending all such
suits, whether brought before or after the expiration of this Lease, and will protect, indemnify,
and save harmless Lessor, or Lessor's agents, servants, employees, and the public at large.
C. Discharge of Liability
U&b ii>LMJS.L
In consideration of securing this Lease at the above-stated rent, Lessee does hereby release and
discharge the Lessor, its agents,: servants, and/or employees, and said Lessor's successors and/or
assigns, from any and all liability by reason of any injury, loss, and/or damage to any person
and/or property in the demised Premises, whether belonging to Lessee or any other person,
caused by any fire; the breaking, bursting, stoppage and/or leakage of any water pipe, gas pipe,
sewer, basin, water closet, steam pipe, and drain in any part or portion of the Premises and/or any
part or portion of any building constructed on the Premises; and from all liability for any and all
injury, loss and/or damage caused by the water, gas, steam, waste, and contents of said water
pipes, gas pipes, steam pipes, sewers, basins, water closets, and drains, or from any kind of
injury, loss and/or damage which may arise from any other cause on the Premises.
14. RESPONSIIBIL= OF LESSOR
rty
A. Partial or Total Destruction of Prove
in the event that any building that is erected on the Premises shall be totally or substantially
damaged by fire or other casualty or happening, this Lease shall not terminate, but in such event
Lessee agrees to repair, restore, or rebuild the Premises as the case may be, subject to the
availability of insurance proceeds, to its condition immediately prior to such damage or
destruction with due diligence and within four (4) months after such damage; and in the event
that the demised Premises or a building erected thereon cannot be repaired, restored, or rebuilt as
aforesaid, within such four (4) month period, Lessor's sole remedy shall be the right to cancel
and terminate this Lease without further liability on the part of either party. The rent payable
hereunder shall entirely abate in case the demised Premises are substantially destroyed or so
damaged as to be rendered untenantable, or abate proportionately according to the extent of the
injury or damage sustained by the Premises, if it is not substantially destroyed but is rendered
partially untenantable, until the Premises shall have been restored, repaired, or rebuilt, as the case
may be, and put in proper condition for use and occupancy. Lessee agrees to ;institute such
repairs immediately after such damage and to complete the same with due diligence and within a
reasonable time. Partial destruction shall be restored within ninety (90) days from the date of
destruction, and complete destruction shall be completely rebuilt within 120 days from the date
of destruction to the extent feasible.
B. Damage for Interruption of Use
Lessor shall not be liable for any damage, compensation, or claim by reason of inconvenience or
annoyance arising from the necessity of making repairs, alterations, and/or additions to any
portion of the Premises, the interruption in the use of the Premises, or the termination of this
Lease by reason of the. destruction of the Premises.
15. ACCEPTANCE OF NOTICE TO QUIT; DISPOSSESSION: WAIVER OF
Lessee hereby accepts notice to quit, remove from, and surrender up possession of the Premises
to Lessor at the expiration of the term hereof, whenever it may be determined. On failure to pay
rent due for twenty (20) days, or upon breach of any other condition of this Lease, as possibly
modified by Paragraph 16 entitled "Remedies of Lessor" hereof, despite the distraint, Lessee
6
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shall be a nontenant, subject to dispossession by Lessor, without further notice or process of law,
with release of error and of damages, and Lessor may reenter the Premises and dispossess Lessee
without thereby becoming a trespasser. Lessee hereby waives the benefit(s) of all exemption
laws of this Commonwealth that are now in force or may hereinafter be in force, or in any action
or actions that may occur on this Lease, and in any distress or distresses that may be made for
collection of the whole of said rent, or any part thereof. Lessee also waives the benefit of stay of
execution, inquisition, extension, right of appeal, certiorari, and all errors in all proceedings
arising out of this Lease. Lessee does also hereby waive any and all demand fbr payment of the
rent herein provided for, either on the day due or on any other day, either on the land itself or in
any other place, and agrees that such demand shall not be a condition of reentry or of recovery of
possession without legal' process or by means of any action or proceeding whatsoever.
16. LIABII:,TTY RELIEF
Lessee hereby relieves Lessor from all liability by reason of any injury, loss, and/or damage to
any person or property in the Premises which may arise from or be due to the use, misuse, or
abuse of the elevator(s), if any, hatches, openings, stairways, or hallways, that may be (or have
been) constructed in any building or erected on the Premises, or from any kind of injury, loss,
and/or damage which may arise from any other cause on the Premises or in such building.
17. POSSESSION DEFINED
Possession of the Premises includes the exclusive use of the same, together with the use, in
common with any other occupants of land owned by Lessor, common driveways, if any.
18. REMEDIES CUMULATIVE
All remedies of Lessor shall be cumulative and concurrent.
19. CONDEMNATION
In the event that the Premises or any part thereof is taken or condemned for a public or
quasi-public use, this Lease shall, as to the part so taken, terminate as of the date title shall vest
in the condemnor, and rent shall abate in proportion to the square feet of leased space taken or
condemned or shall cease if the entire Premises be so taken. If a part taken substantially and
unreasonably interferes with the function and efficiency of Lessee's business, Lessee may
terminate this Lease on the remaining portion of the Premises by delivering a fifteen (15) day
written notice to Lessor. In any event, Lessee waives all claims against Lessor and the
condemning authority by reason of the complete or partial taking of the Premises.
20. SUBORDINATION OR SUPERIORITY: ASSIGNMENT BY LESSOR
WISP by PD, I
The rights and interests of Lessee under this Lease shall be subject and subordinate to any first
mortgage that may be placed upon the Premises and to any and all advances to be made
thereunder, and to the interest thereon, and all renewals, replacements, and extensions thereof
Any mortgagee may elect to give the rights and interest of Lessee under this Lease priority over
the lien of its mortgage. In the event of such election and upon notification by such mortgagee to
Lessee to that effect, the rights and interests of Lessee under this Lease shall be deemed to have
priority over the lien of said mortgage, whether this Lease is dated prior to or subsequent to the
date of said mortgage. Lessee shall execute and deliver whatever instruments may be required
for such purposes and in the event Lessee fails to do so within ten (10) days after demand in
writing, Lessee does hereby make, constitute, and irrevocably appoint Lessor as its attorney-in-
fact and in its name, place and stead so to do. Lessor may assign its interest in this Lease or any
part thereof, and such assignee shall thereupon be deemed Lessor hereunder.
21. OUIET ENJOYMENT
Lessee, upon paying the said rent and performing the covenants of this Lease., on its part to be
performed, shall and may peaceably and quietly have, hold, and enjoy the Premises for the term
aforesaid and any herein duly authorized additional term.
22. NOTICE OF TERMINATION
Anything heretofore notwithstanding, a written notice that Lessee intends to germinate this Lease
shall be delivered to Lessor at least 180 days prior to the end of the term of this Lease or
Lessee's inaction shall, at the option of Lessor, result in the renewal of this Lease for a further
term of thirty (30) days, and so on from month to month and the renewal(s) shall be under and
subject to all the provisions as contained in this Lease; provided, however, that such renewal(s)
shall be at the market rate then in effect for the Premises.
23. SUBROGATION
Notwithstanding anything to the contrary contained in this Lease, Lessee and Lessor hereby
release each other from any and all liability or responsibility (to the other or anyone claiming
through or under them by way of subrogation or otherwise) for any casualty or other loss or
claim that is or reasonably could have been covered by insurance by the party to this Lease
suffering the loss or claim.
24. LEASE CONTAINS ALL AGREEMENTS
It is expressly understood by the parties that the whole agreement between them is embodied in
this Lease (executed in duplicate or triplicate as the case may be) and that no part or items are
omitted, unless the same be hereinafter modified by written agreement(s).
25. LEGAL NOTICES
Any requirement in this Lease as to notices shall be satisfied by actual notice in writing
if to Lessor at:
Richard A. McBride
Managing General Partner
RDJAM Limited Partnership
4425 Valley Road, Suite 200
Enola, PA 17025
and if to Lessee to:
Richard A. McBride
Chief Executive. Officer
Herre Bros, Inc.
4417 Valley Road
Enola, PA 17025
26. HEIRS. SUCCESSORS AND ASSIGNS, ETC.
This Lease shall be binding upon the parties hereto and their respective successors and/or
assigns.
IN WITNESS WHEREOF the parties have hereunto set their hands as individuals or the
hands and seals, of their respective corporation or partnership, hereunto duly authorized,
intending fully to be bound thereby.
WITNESS:
RDJAM LIMITED PARTNERSHIP
Lessor
Attest:
Brenda Davis"
Secretary
By: -- ' ?_ --??
Richard A. McBride
Managing General Partner
HERRE BROS., INC.
Lessee
By:'? -- -- ?- `----?
Richard A. McBride
Chief Executive Officer
#69745 vl - RDJAM : Lease for property
EDIT "A"
PLOT PLAN OF PREMISES
(Extract of Subdivision showing Lot 2)
10
#69745 vl - RDJAMI-. Lease for property
EXHIBIT "B"
PAPROVEMENTS TO BE MADE BY LESSOR TO PREMISEES_
11
,'? 13
EXHIBIT B
• T. d-• • UU. LIMITED PARTNERSHIP
4421 Valley Road • Enola, PA 17025-1477
Phone (717) 732-5920 • Fax (717) 732-5943
February 2, 2012
Herre Bros., Incorporated
4417 Valley Road
Enola, Pennsylvania 17025
To Whom It May Concern:
Please be advised R.D.J.A.M. Limited Partnership has not received the rent due, in the
amount of $2,335.95, for the month of February 2012.
Please remit payment immediately
Sincerely,
n
lane McBride
Partner
c
EXHIBIT C
1P• V • • t.A• A . LIMITED PARTNERSHIP
4421 Valley Road • Enola, PA 17025-1477
Phone (717) 732-5920 0 Fax (717) 732-5943
February 23, 2012
Herre Bros., Incorporated
4417 Valley Road
Enola, Pennsylvania 17025
To Whom It May Concern:
Please be advised R.D.J.A.M. Limited Partnership has still not received for its February
2012 rent, in the amount of $2,335.95.
This is formal notification that you are now in default of this Commercial Lease and if
payment is not received by Wednesday, February 29, 2012, legal action will be taken in
order to-protect our rights.
Sincerely,
Diane McBride
Partner
s
?'Z
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
Email: prussoapirlaw.com
Paul D. Edger, Esquire
Email: pedgergpirlaw.com
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
RDJAM, LP IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
HERRE BROS, INC. NO.
Defendant
BREACH OF CONTRACT
VERIFICATION
I, Diane E. McBride, General Partner of RDJAM Limited Partnership, verify that the statements
made in the foregoing document(s) are true and correct. I understand that false statements made
herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to
authorities.
Date:
L?
Dif6;e E. cBride
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ,, ?tiurtr,? r
Jody S Smith
Chief Deputy
`f 12 MA.1? 28 Ali 8: i
Richard W Stewart
Solicitor UMBERL N J w
PENNSYLVANIA
RDJAM, LP
Case Number
vs.
Herre Bros., Inc. 2012-1600
SHERIFF'S RETURN OF SERVICE
03/19/2012 11:14 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 19,
2012 at 1114 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Herre Bros., Inc., by making known unto Rick McBride, Owner of Herre Bros., Inc. at
4417 Valley Road, Enola, Cumberland County, Pennsylvania 17025 its contents d at the same time
handing to him personally the said true and correct copy of the same.
WK11AM CLINE, DEPUTY
SHERIFF COST: $43.45
March 21, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
Cou 5,.;a Sh t. TeWo-,,o?t. I--
.
Q
r
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
-
Email: prusso(a,pirlaw.com rte:...
??; r;-
,'
Paul D. Edger, Esquire ,
Email: pedger-apjrlaw.com =??
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
RDJAM, LP IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
HERRE BROS, INC. NO. 12-1600
Defendant
BREACH OF CONTRACT
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO 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
1-800-990-9108
THE LAW OFFICE OF PETER J. RUSSO, P.C.
35CA
Peter . usso,
Attorney I.D. No. 72897
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
r
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
Email: prusso(j?pirlaw.com
Paul D. Edger, Esquire
Email: pedgerc)
,pjrlaw.com
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
RDJAM, LP IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
HERRE BROS, INC. NO. 12-1600
Defendant
BREACH OF CONTRACT
CERTIFICATE OF SERVICE
I hereby certify that I have on this day served a true and correct copy of the
foregoing document, upon the following person, in the manner indicated:
Service by CERTIFIED MAIL AND US FIRST CLASS MAIL:
Herre Bros, Inc.
4417 Valley Road
Enola, PA 17025.
DATE: 2) 1 ?D\ \?--
GZ?Q? aL&Qc-n
Ashley R. 1 lm-, Paralegal
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
Email: prusso(c&pirlaw.com
Paul D. Edger, Esquire
Email: pedger(?
,pirlaw.com
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
"UPILIERLAND
PLNNSYLVAfjlfi,
RDJAM, LP IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
HERRE BROS, INC. NO. 12-1600
Defendant
BREACH OF CONTRACT
ACCEPTANCE OF SERVICE
I, !e; c llg.Ke, A. M C-,d t -:nC y?r-?-s % of Herre Bros, Inc.,
accept service of the Complaint which was filed on March 12, 2012. I certify that I am
authorized to accept service as I am the defendant in the above action.
HERRE BROS, INC.
-------------------------
ate Name: ?----
Title:
i ?.
LAW OFFICES OF PETER J. RUSSO, P.Ci' r Y' ! F '°
BY: Peter J. Russo, Esquire 6, E PA Supreme Court ID: 72897 `?-'")OUt 4r
Email: prussogpjrlaw.com f SY(-4tANIA
Paul D. Edger, Esquire
Email: pedgergpirlaw.com
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
RDJAM, LP IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
HERRE BROS, INC. NO. 12-1600
Defendant
BREACH OF CONTRACT
ACCEPTANCE OF SERVICE
I, ,i c.ld?r?J A of Herre Bros, Inc.,
accept service of the Ten (10) day Notice which was filed on April 2, 2012. I certify that
I am authorized to accept service as I am the defendant in the above action.
HERRE BROS, INC.
q /2,
Date Name: a---c_--
Title: ?-i?w?
RDJAM, L.P., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
HERRE BROS., INC.,
Defendant NO. 12-1600 CIVIL TERM
MOTION FOR DEFAULT JUDGMENT AND
ENTRY OF JUDGMENT
ORDER OF COURT
AND NOW, this 24 h day of April, 2012, upon consideration of Plaintiff s Motion
for Default Judgment and Entry of Judgment, a Rule is hereby issued upon Defendant to
show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Christylee . Peck, J.
? Peter J. Russo, Esq.
5006 E. Trindle Road c-
Suite 100 0 ,
Mechanicsburg, PA 17050 rn
p m
w z
rzt
Attorney for Plaintiff c?r:?o` 1-n
01 C)
Herre Bros., Inc.
= nr K:,-;
4417 Valley Road 3:'= o 'z'
Enola, PA 17025 = N)
Defendant, pro Se
:rc eoppes ma .? ? lllarla
wl
Defendant
BREACH OF CONTRACT
CIVIL ACTION
HERRE BROS, INC. NO. 12-1600
RDJAM, LP IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
LAW OFFICES OF PETER J. RUSSO, P.C.
By: Peter J. Russo, Esquire
Attorney I.D. No. 72897
Paul D. Edger, Esquire
PA Supreme Court ID: 312713
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Plaintiff
MOTION TO MAKE RULE ABSOLUTE
AND NOW, COMES The Law Offices of Peter J. Russo, P.C., and sets forth the
following:
1. On April 18, 2012 Plaintiff filed a Motion for Default Judgment and Entry of Judgment due
to Defendant's failure to respond to the Complaint or Praecipe for Entry of Default
Judgment.
2. On April 24, 2012 the Honorable Christylee L. Peck issued a Rule upon Defendant to show
cause why the Default Judgment should not be granted, rule returnable within twenty (20)
days of service.
3. Defendant was hand delivered the Order on April 27, 2012. Attached is a true and correct
copy of the Acceptance of Service executed by the President of Herre, Bros. Inc. as Exhibit
A.
4. The twentieth (20th) returnable date for Defendant to respond to the Court's order was May
17, 2012.
5. As of the date of this Motion, the Plaintiff has not received any response by the Defendant in
response to the Court's April 24, 2012 Order.
6. Plaintiff is entitled to damages in the amount of $514,150.91, including, but not limited to:
Past Due Rent $ 4,671.90
Rent for unexpired portion of Lease $488,503.26
Interest of 5% per month from February
1, 2012 forward $ 19,272.00
Attorney Fees $ 1,500.00
Costs of suit to date $ 203.75
Interest from date of judgment
TOTAL ............................................. $ 514,150.91
WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in favor of
Plaintiffs, RDJAM, LP against Herre Bros, Inc. in the amount of $514,150.91.
Respectfully submitted,
Law Offices of Peter J. Russo, P.C.
Date: May 18, 2012
By:
Peter J. Russo, squire
Supreme Court ID #72897
Paul D. Edger, Esquire
Supreme Court ID #312713
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 591-1755
EXHIBIT A
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
Email: prusso@pirlaw.corn
Paul D. Edger, Esquire
Email: pedger@pirlaw.com
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
RDJAM, LP
Plaintiff
HERRE BROS, INC.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 12-1600
BREACH OF CONTRACT
ACCEPTANCE OF SERVICE
I, ?c,6?1? A --V-- of Herre Bros, Inc.,
accept service of the April 24, 2012 Order from the Honorable Christylee L. Peck which
was filed on April 25, 2012. I certify that I am authorized to accept service as I am the
defendant in the above action.
HERRE BROS, INC.
Date Name:
Title:
.?? t
LAW OFFICES OF PETER J. RUSSO, P.C.
By: Peter J. Russo, Esquire
Attorney I.D. No. 72897
Paul D. Edger, Esquire
PA Supreme Court ID: 312713
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Plaintiff
RDJAM, LP IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
HERRE BROS, INC. NO. 12-1600
Defendant
BREACH OF CONTRACT
CIVIL ACTION
CERTIFICATE OF SERVICE
I, Ashley R. Malcolm, paralegal, hereby certify that I have on this day served a true and
correct copy of the foregoing documents upon the following persons, in the manner indicated:
FIRST CLASS MAIL
Herre Bros, Inc.
4417 Valley Road
Enola, PA 17025
Date: May 18, 2012 BY:
Ashley Malcolm, Paralegal
RDJAM, LP
Plaintiff
HERRE BROS, INC.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 12-1600
BREACH OF CONTRACT
CIVIL ACTION
AND NOW, this day of 2012, upon consideration of the foregoing
Motion, it is hereby ordered that a judgment shall be entered in favor of the Plaintiff, RDJAM, LP
and against Defendant, Herre Bros, Inc. in the amount of $514,150.91.
Distribution List:
? Peter J. Russo, Esquire
Law Offices of Peter J. Russo, P.C.
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Herre Bros, Inc.
4417 Valley Road
Enola, PA 17025
pies Ma,
BY THE COURT,
J.
rn C'
CD,
LAW OFFICES OF PETER J. RUSSO P.C. L Lr `v - ``- • ,.
By: Peter J. Russo, Esquire
Attorney I.D. No. 72897 2€12 JUL _6 AM If: 15
Paul D. Edger, Esquire
PA Supreme Court ID: 312713 CUMIERLHND COUNTY
5006 E. Trindle Road, Suite 100'??-VAN1?
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Plaintiff
RDJAM, LP IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
" I
CIVIL ACTION
HERRE BROS, INC. " NO. 12-1600
Defendant „
BREACH OF CONTRACT
CIVIL ACTION
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
Please enter a Judgment against Defendants, Herre Bros, Inc., and in favor of RDJ
LP in the amount of $514,150.91.
Respectfully submitted,
BY:
??,? Law Offices of e e , PP. C.
Date: 5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Peter J. Russo, Esquire
I.D. No. 72897
Paul D. Edger, Esquire
I.D. No. 312713
(717) 591-1755
?6• so
d
po/
C# 7776
/1/0 qe. i?
LAW OFFICES OF PETER J. RUSSO, P.C.
By: Peter J. Russo, Esquire
Attorney I.D. No. 72897
Paul D. Edger, Esquire
PA Supreme Court ID: 312713
5006 E. 'Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Plaintiff
HERRE BROS, INC. NO. 12-1600
Defendant ,
BREACH OF CONTRACT
CIVIL ACTION
RDJAM, LP IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NOTICE OF ENTRY OF JUDGMENT
In accordance with Rule 236 of the Pennsylvania Rules of Civil Procedure, this is? to
notify you that the following judgment was entered against you in the Cumberland
Prothonotary's office. The date of judgment is ? - 6, - / L , Docket No
Civil Term.
Date: /'-U-i,A,