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HomeMy WebLinkAbout12-7011 c-ti ti MCD = ? T > C) i FIFILES\Clients\14467Vakil\14467.2Lease\I4467.2.com.conf2.wpd Christopher E. Rice Esquire ?Q ---i , Attorney I.D. No. 90916 00 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COLISEUM MEGAPLEX GROUP, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA V. R&B ENTERTAINMENT, LLC, Defendant NO.2012 - -7611 CIVIL TERM CONFESSION OF JUDGMENT Pursuant to the authority contained in the Lease attached as Exhibit "A" to the Complaint filed in the above-captioned case, we appear for Defendant R&B Entertainment, LLC, and confess judgment in favor of Coliseum Megaplex Group, LLC, against R&B Entertainment, LLC, as of October 30, 2012, as follows: Monthly Rent Payments Costs of Suit (estimated) Attorney Fees Total $ 92,000.00 $ 500.00 $ 10,000.00 $102,500.00 Respectfully submitted: MARTSON LAW OFFICES By: 2'0? _-? ?- t-?_ Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Jr yd of c?-byob 44 u3.x.? 1 NAe ,t a)1114 F.\FILES\0ents\14467 Vakil\14467.2 Lease\14467.2.com,conf2.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff C rn C Cn r -- ti C:) Q , Ca CD CD c? C? u rs `' v -{ =+ COLISEUM MEGAPLEX GROUP, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012 - CIVIL TERM R&B ENTERTAINMENT, LLC, Defendant COMPLAINT FOR CONFESSION OF JUDGMENT Coliseum Megaplex Group, LLC, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa. R.C.P. Rule 2951 et seq., and in support thereof, avers the following: 1. Plaintiff, Coliseum Megaplex Group, LLC ("Plaintiff'), is a Pennsylvania limited liability company with an address of 1150 Duryea Drive, Hummelstown, Pennsylvania 17036. 2. Defendant R&B Entertainment, LLC, is a Pennsylvania limited liability company with an address of 3716 Falkstone Drive, Mechanicsburg, Pennsylvania 17050. 3. On September 21, 2011, Plaintiff and Defendant entered into a Commercial Lease (the "Lease"). A true and correct copy of the Lease is attached hereto as Exhibit "A" and is incorporated herein by reference. 4. Pursuant to the terms of the Lease, Defendant R&B Entertainment, LLC, agreed to lease from Plaintiff certain premises with improvements located at 410 St. John's Church Road, Camp Hill, Pennsylvania, and 4610 East Trindle Road, Camp Hill, Pennsylvania (collectively, the "Premises"). A true and correct copy of the Deed for the Premises is attached hereto and incorporated herein as Exhibit "B". 5. As set forth more fully in the Lease, Defendant R&B Entertainment, LLC, agreed to, among other things, make monthly rent payments to Plaintiff, provide a security deposit to Plaintiff, and make deposits to be held in escrow by Plaintiff. 6. The initial term of the Lease commenced on September 21, 2011, and was scheduled to expire on September 30, 2016. 7. Defendant R&B Entertainment, LLC, has defaulted under the Lease, by and including, but not limited to, failing to make rent and escrow payments as required under the Lease (the "Events of Default"). The Lease provides that Plaintiff, after any of the Events of Default have occurred, may confess judgment against Defendant for all amounts due under the terms of the Lease. 9. The total sum due and owing under the Lease as of November 1, 2012, is itemized as follows: Monthly Rent Payments $ 92,000.00 Costs of Suit (estimated) $ 500.00 Attorney Fees $ 10,000.00 Total $102,500.00 10. All conditions precedent have been satisfied to allow Plaintiff to confess judgment against Defendant under the Lease. 11. Plaintiff is the holder of the Lease. 12. The Lease was executed and delivered in connection with a commercial transaction, and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 13. The Lease has not been assigned. WHEREFORE, Coliseum Megaplex Group, LLC, requests that this Court enter judgment by confession in its favor and against R&B Entertainment, LLC, in the amount of $102,500.00, along with additional fees and costs as prayed for in the Complaint. Respectfully submitted, MARTSON LAW OFFICES By: 0"17 A 5- "z-, Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff EXHIBIT "A" COMMERCIAL LEASE This LEASE is made this 2-1 day September, 2011, by and between, COLISEUM MEGAPLEX GROUP, LLC, a Pennsylvania limited liability company with an address of 1150 Duryea Drive, Hummelstown, Pennsylvania 17036 (herein, "Lessor"), and R & B ENTERTAINMENT, LLC, a Pennsylvania limited liability company with an address of 3716 Falkstone Drive, Mechanicsburg, Pennsylvania 17050 (herein, "Lessee"), and IRFAN A. BUTT, an adult individual with an address of 3716 Falkstone Drive, Mechanicsburg, Pennsylvania 17050 (herein, "Guarantor"), and the parties agree to be bound by the following terms and conditions: i , Premises: Lessor leases to Lessee and Lessee leases from Lessor those certain premises with improvements located at 410 St. John's Church Road, Camp Hill, Hampden Township, Pennsylvania, and 4610 East Trindle Road, Camp Hill, Hampden Township, Pennsylvania, described as follows: As used herein, the term "Premises" shall mean the real property described above. Attached as Exhibit "A" is the deed(s) for the Premises and is incorporated herein by reference. 2. Term: A. The initial term of this Lease shall be for approximately five (5) years, commencing on September 21, 2011, and ending on September 30, 2016 (the "Initial Term"). B. If Lessee is not in default under the Lease, Lessee shall have the right and option to extend the Initial Term for one (1) successive renewal term of five (5) years ("Extended Term"), provided that Lessee gives Lessor 120 days advance written notice of such intent. For purposes of this Agreement, the Initial Term or any Extended Term properly exercised by the Lessee shall be referred to as a "Term" in this Lease. If Lessee elects to extend the Initial Term, the terms and conditions of this Lease shall be fully binding on the parties through each or any Extended Term. 3. Rent & Deposit: A. Rent for the Initial Term shall be as follows: i. No rental payment is due from September 21, 2011, through and including September 30, 2011. ii. First Year: Beginning October 1, 2011, through September 30, 2012, Lessee shall pay Lessor a payment of $240,000.00 in twelve (12) Iv consecutive equal installments of $20,000.00 in advance on the first day of each month for that month's rental. iii. Second Year: Beginning the second year of the Initial Tenn (being October 1, 2012), Lessee shall pay Lessor a payment of $252,000.00 in twelve (12) consecutive equal installments of $21,000.00 in advance on the first day of each month for that month's rental. iv. Third Year: Beginning the third year of the Initial Tenn (being October 1, 2013), Lessee shall pay Lessor a payment of $264,600.00 in twelve (12) consecutive equal installments of 522,050.00 in advance on the first day of each month for that month's rental. v, Fourth Year: Beginning the fourth year of the Initial Term (being October 1, 2014), Lessee shall pay Lessor a payment of $277,830.00 in twelve (12) consecutive equal installments of 523,152.50 in advance on the first day of each month for that month's rental. vi. Fifth Year: Beginning the fifth year of the Initial Term (being October 1, 2015), Lessee shall pay Lessor a payment of $291,721.50 in twelve (12) consecutive equal installments of $24,310.12 in advance on the first day of each month for that month's rental. Extended Term: Beginning on the first day of the Extended Tenn and annually thereafter, the then current annual rent shall increase by 3% over the prior year, each and every year. All rental payments shall be made to Lessor at the address specified herein. A late charge of five percent (5%) shall be paid by Lessee for each month's installment not paid within five (5) days of the due date of such payment. Lessee's liability for rent and additional rent for the entire Tenn hereof shall be absolute, regardless of any termination and subsequent reletting of the Premises by Lessor as a result of Lessee's default. B. Lessee shall also pay to Lessor on the first day of each month for six (6) consecutive months beginning November 1, 2011, equal monthly installments of $20,000.00, for a total sum of $120,000.00 to be held by Lessor as a Security Deposit, and all interest thereon shall be payable to Lessor. In addition to the Security Deposit, Lessee has agreed to execute a security agreement in a form and substance as presented by Lessor to encumber, among other things, a liquor license owned by Lessee and used on the Premises. In the event of default, the Security Deposit shall be forfeited in its entirety and Lessor may take all action as permitted under the Security Agreement. After 2 p ? the expiration of the Initial Term or, if extended, the Extended Term, of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee without interest. C. In addition to the rental payments due each month during the Term, Lessee shall pay to Lessor a payment of $2,000.00 that shall be placed in escrow by Lessor. Lessor may, but shall not be obligated to, place the monies in an interest bearing account. Lessor shall provide a statement and balance to Lessee at the end of each year. Lessee may have access to the monies within the escrow by purchasing a new arcade game or television, and submitting an invoice from the relevant vendor for such game or television directly to Lessor. If the Lessor determines the purchase to be valid, Lessor shall pay the vendor directly from the escrow. Should the escrow balance not be sufficient to cover the purchase, Lessee shall be solely responsible to pay any balance owed to the vendor. If an event of default shall occur herein, the monies within the escrow shall immediately be applied, at Lessor's sole discretion, towards rent or additional rent. 4. Financial Information. Lessee shall provide to Lessor on a quarterly basis and upon request, certified copies of Lessee's financial statements and any other financial information as deemed reasonably necessary for Lessor to review in order to determine the status and profitability of the business. Lessor shall provide its yearly income tax statements to the Lessor no later than May I of the following year. 5. Additional Rent: All charges, costs and expenses that Lessee assumes or agrees to pay hereunder, together with all interest and penalties that may accrue thereon in the event of the failure of Lessee to pay those items, and all other damages, costs, expenses, and sums that Lessor may incur or that may become due by reason of any default of Lessee or failure by Lessee to comply with the terms and conditions of this Lease shall be deemed to be additional rent, and, in the event of nonpayment when due, Lessor shall have all the rights and remedies and Lessee all the obligations as herein provided for failure to pay rent. 6. Repairs and Maintenance, Possession: A. Lessee shall make all necessary repairs, in, on and about the Premises at its own expense. Lessee shall fiirther use all reasonable precaution to prevent waste, damage or injury to the Premises and shall maintain the Premises in the same manner as prior to the execution of the Lease. Lessor shall have no responsibility for the care and maintenance of the Premises while this Lease remains in effect or while Lessee is in possession or control of the Premises. Lessee's responsibilities for care and maintenance (which includes repairing and replacing) include, but are not limited to, at its sole expense, the following: i. All interior and exterior light bulbs; ii. All carpeting and floor coverings of any sort; (?p z. iii. All painted or covered wall and interior surfaces of any nature or material including ceiling tiles in any manner in which Lessee shall decide, it being understood that the condition and appearance of the foregoing shall at no time be the responsibility of Lessor; iv. Removal of trash and debris from the Premises; V. All plumbing and fixtures, in and outside the Premises to the point of connection to water or sewer service mains or junctions; vi. All electrical fixtures, wires and service in and on the Premises; vii. The HVAC system and all components thereof. This shall include paying for and continuing with the existing maintenance contract; viii. All snow removal-in the parking lot and sidewalks of the Premises, including the application of salt and/or anti-skid material as necessary; ix. Maintain, mow and trim all landscaping, grass and vegetation, apply mulch annually and remove weeds from the Premises; X. Patch, repair, seal and line paint the parking lot of the Premises; and xi. The sprinkler system, elevators, fire and security detection/alarm systems. B. Except as otherwise provided herein, by taking possession of the Premises, Lessee accepts the Premises as being in good sanitary order, condition and repair. No representations respecting the conditions of the Premises have been made by Lessor to Lessee except as specifically stated in this Lease. Lessee shall use all reasonable precaution to prevent waste, damage or injury to the Premises and shall maintain the Premises in the same condition as the Premises existed prior to the execution of the Lease. All damage or injury done by Lessee, its agents, employees and/or invitees to the Premises, and/or the structural or mechanical systems or grounds or parking areas or areas surrounding the building, (other than those caused by ordinary wear and tear or the acts or omissions of Lessor) shall be repaired by Lessee. Lessee shall be responsible for obtaining any Certificate of Occupancy or other document, permit or certificate required by any regulatory authority for the use or continued use of the Premises. 7. Taxes: Lessee shall be responsible for all taxes assessed and levied against the Premises by any taxing authority on or before any penalties are incurred. Lessee shall pay the real estate taxes upon receipt of the tax invoice or, at the option of Lessor, monthly equal installments to Lessor in the amount of $4,100.00, which Lessor shall use to pay during face period. The estimated monthly additional rent for real estate taxes will be determined by Lessor at any time and at is sole discretion. Lessee shall have the ability to appeal the tax assessment value on the Premises as determined by the taxing authorities at no costs to Lessor. Lessee shall also reimburse Lessor for all unpaid taxes that Lessor paid on behalf of Lessee by making four (4) equal monthly payments of $7,648.91 beginning December 1, 2011, and continuing on the first day of each month thereafter, so that the total balance paid by March 1, 2012, is equal to $30,595.64. 4 8. Utilities and Services: Lessee shall contract in its own name and be solely liable for all utility and service charges as the same become due, which includes, but is not limited to, water, sewer, trash, electric, gas, cable, satellite and telephone. Lessor shall have no liability whatever to Lessee should any utility become unavailable from any public utility company, authority or any other source, or for any interruption in service of the same, unless such interruption or unavailability was due to the negligence or willful misconduct of Lessor. Lessor may, at any time, demand monthly payments equal to the estimated monthly water and sewer charges (as determined by Lessor) be made directly to Lessor, and Lessor shall release said monies each month or quarter (as applicable) to the municipal authority or billing department upon presentation of a invoice from Lessee for the same. 9. Insurance: A. Lessee shall carry fire and extended coverage insurance on the Premises in an amount sufficient to cover the improvements on the Premises as Lessor deems necessary in its sole discretion, and Lessor shall be named as required by Lessor, being "Additional Insured", "Additional Named Insured, and/or "Loss Payee" on all insurance policies. Lessee shall provide to Lessor certificates of such insurance by the insurer upon the execution of this Lease. The insurance policies must also provide a thirty (30) day notice of cancellation provision to Lessor. B. Lessee shall carry liability insurance, at its own expense, in at least the sum of Five Million Dollars ($5,000,000.00) in case of injury or damage in the same accident or occurrence. Proof of insurance must be provided to Lessor upon execution of this Lease and at any other time at Lessor's request, and any changes to said policy must be provided to Lessor immediately thereafter. Lessor shall be named as an "Additional Insured," "Additional Named Insured," and/or "Loss Payee" as required by Lessor on all insurance policies. The insurance policies must also provide a thirty (30) day notice of cancellation provision to Lessor. C. If Lessee serves alcohol on the Premises or allows alcohol to be served by any other entity or person as permitted herein, Lessee shall carry the appropriate dram shop liability insurance in an amount and form as required by Lessor. Lessor shall be named as an "Additional Insured," "Additional Named Insured," and/or "Loss Payee" as required by Lessor on all insurance policies. The insurance policies must also provide a thirty (30) day notice of cancellation provision to Lessor. D. Lessee shall obtain, keep and maintain at all times during the continuance of this Lease workers' compensation insurance coverage with a minimum equivalent to the statutory limits of the state having jurisdiction, and Lessee shall provide to Lessor certificates of such insurance by the insurer upon the execution of this Lease. E. Lessor shall have no responsibility to provide or maintain any fire or other casualty insurance for the protection of Lessee's individually owned property or the property of third parties on the Premises. 5 11?. (S. F. Should Lessee not carry the required insurance as set forth above, Lessor may, at its option, purchase said insurance and demand reimbursement for such costs from Lessee. Upon receipt of such demand from Lessor, Lessee shall inunediately reimburse Lessor for any costs incurred in obtaining the required insurance. 10. Use of Premises: Access: Unlawful or Dangerous Activity, Signs, A. Lessee shall be permitted to use the Premises only for an entertainment center (as currently used) for families of all ages and backgrounds, which will include, but be not limited to, an amusement center, bowling alley, and dining area, and for no other use or purpose without the prior written consent of the Lessor, which shall not be unreasonably withheld. . B. Lessee may serve alcoholic beverages on the Premises provided Lessee obtains a liquor license and complies with all federal, state and local laws and ordinances relating to the liquor license. Should Lessee sublease the Premises to a third party as permitted herein, said third party shall also agree, prior to use of the liquor license, to indemnify and hold Lessor harmless for any acts or omissions that may occur as a result of the service, possession, or control of alcoholic beverages under the liquor license and shall agree to be bound under this Lease in the same manner as if it were the Lessee. C. Lessee shall not do or permit to be done in or about the Premises anything which is contrary to federal, state, or local laws. D. Lessor shall have access to the Premises at all reasonable times, with prior notice, except in the event of emergencies or material breaches of this Lease by Lessee when no notices shall be required, for the purpose of inspecting the same, marking any repairs or replacements, and showing the Premises to prospective tenants or purchasers. E. All signs shall be at Lessee's sole expense and risk, and must be approved in advance and in writing by both Lessor and any applicable municipal authority, for which said approval shall not be unreasonably withheld. F. Lessee has the right at all times to erect or install shelves, bins, machinery, equipment, or other trade fixtures in, on, or about the leased Premises, provided that Lessee obtains Lessor's consent and complies with all applicable governmental laws, ordinances, and regulations regarding such fixtures including, without limitation, the American with Disabilities Act. 11. Environmental Compliance: A. Lessee shall not cause or permit any "Hazardous Substance" (as defined in 42 U.S.C.A. Section 9601(14) (Supp. 1990) (as amended) to be used, stored, or generated on the Premises. 6 Q. (1a 77 B. Lessee shall not cause or permit the Release (as defined in 42 U.S.C.A. Section 9601(22) (as amended)) of any Hazardous Substance, contaminant, pollutant, or petroleum in, on, or under the Premises or into any ditch, conduit, stream, storm sewer, or sanitary sewer connected thereto or located thereon. C. Lessee shall fully and timely comply with all applicable federal, state, and local statutes and regulations relating to protection of the environment, including, without limitation, 42 U.S.C.A. Sections 6991-6991i and 35 P.S. Section 6021.101, et seq. On or before the anniversary date of the execution hereof each year, Lessee shall provide evidence that all financial responsibility requirements relating to underground storage tanks on the Premises have been complied with. The provisions herein shall not act as permission for Lessee to install or replace underground storage tanks on the Premises. D. Upon the termination of this Lease or vacation of the Premises, Lessee shall, at its sole expense, remove or permanently close all underground storage tanks and associated piping, if any, in compliance with all applicable federal, state, and local statutes and regulations, including the conduct of a site assessment and performance of any necessary cleanup or remedial action. Lessee shall provide Lessor with copies of all records relating to any underground storage tanks that are required to be maintained by any applicable federal, state, or local statutes or regulations. E. Promptly after termination of this Lease or when required by any applicable federal, state, or local regulatory authority, Lessee shall perform, at its sole expense, an environmental site assessment reasonably acceptable to Lessor to determine the extent, if any, of contamination of the Premises and shall, at its sole expense, clean up, remove, and remediate (i) all Hazardous Substances in, on, or under the Premises, (ii) any petroleum in, on, or under the Premises in excess of allowable levels, and (iii) all contaminants and pollutants in, on, or under the Premises that create or threaten to create a substantial threat to human health or the environment and that are required to be removed, cleaned up, or remediated by any applicable federal, state, or local statute, regulation, standard, or order. This obligation does not apply to a Release of Hazardous Substances, pollutants, contaminants, or petroleum caused solely by the act or omission of a third party other than an employee or agent of Lessee or a person having a contractual relationship to Lessee, provided that Lessee can establish that it exercised due care to prevent such act or omission of a third party and to minimize the damages therefrom, as provided in 42 U.S.C. Section 9607(b)(3) (1988). F. Lessee shall indemnify and save harmless Lessor from and against any and all liabilities, damages, suits, penalties, judgments, and environmental cleanup, removal, response, assessment, or remediation cost arising from contamination of the Premises or Release of any Hazardous Substance, pollutant, contaminant or petroleum in, on, or under the Premises. Lessee shall indemnify and save Lessor harmless from and against any and all loss of rentals or decrease in property values arising from Lessee's breach of Paragraph A of this Section, provided 7 tZ. 0 that no liability shall arise under this sentence if Lessee completes all required cleanup, removal, and remedial action within two months after the termination of this Lease. 12. Indemnity: Lessee shall indemnify Lessor against all expenses, violations, liabilities, damages, and claims of every kind, including reasonable counsel fees, by or on behalf of any person or entity arising out of either (1) a failure by Lessee to perform any of the terms or conditions of this Lease, and (2) any injury or damage happening on or about the Premises, or as a result of acts or omissions of Lessee, its agents, employees, invitees or any other person or entity while on the Premises or arising from any use made or thing done or occurring on the Premises no matter where the injury, violation, or damage occurred. The releases and indemnifications given within this Lease shall survive the termination of this Lease. 13. Default or Breach: Each of the following events shall constitute a default or breach of this Lease by Lessee: A. If Lessee shall fail to pay Lessor any rent or additional rent when the same shall become due and shall not make the payment within five (5) days of such due.. B. If Lessee shall fail to perform or comply with any of the non-monetary conditions of this Lease and if the nonperformance shall continue for a period of five (5) days after written notice thereof by Lessor to Lessee. C. If Lessee shall vacate or abandon the Premises. D. If this Lease or the estate of Lessee hereunder shall be transferred to or shall pass to or devolve on any other person or party, except in the manner herein permitted. 14. Effect of Default: In the event of any default hereunder, as set forth in Paragraph 13, the rights of Lessor shall be as follows: A. Lessor shall have the right to cancel and terminate this Lease, as well as all of the right, title and interest of Lessee hereunder. On termination Lessor may recover from Lessee all damages proximately resulting from the breach, including the cost of recovering the Premises and the rent and additional rent for the balance due underthis Lease for the remainder of the applicable term (either Initial Tenn or Extended Term) as if the same had not been terminated by reason of such default, which sum shall be immediately due Lessor from Lessee. B. Lessor may elect, but shall not be obligated, to make any payment required of Lessee herein or comply with any term or condition required hereby to be performed by Lessee, and Lessor shall have the right to enter the Premises for the purpose of correcting or remedying any such default and to remain until the default has been corrected or remedied, but any expenditure for the correction by Lessor shall not be deemed to waive or release the default 8 of Lessee or the right of Lessor to take any action as may be otherwise permissible hereunder in the case of any default. C. Lessor may reenter the Premises immediately and remove the property and personnel of Lessee and store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. After reentry, Lessor may terminate the Lease on giving ten (10) days' written notice of termination of Lessee. Without the notice, re-entry will not terminate the Lease. On termination Lessor may recover from Lessee all damages proximately resulting from the breach, including the cost of recovering the Premises and the rent and additional rent for the balance of this Lease for the remainder of the applicable term (either Initial Term or Extended Term) as if the same had not been terminated by reason of such default, which sum shall be immediately due Lessor from Lessee. D. After reentry, Lessor may relet the Premises or any part thereof for any term at the rent and on the terms as Lessor may choose. Lessor may make alterations and repairs to the Premises. The duties and liabilities of the parties if the Premises are relet as provided herein shall be as follows: In addition to Lessee's liability to Lessor for breach of the Lease, Lessee shall be liable for all expenses of the reletting, for the alterations and repairs made, and for the rent and additional rent for the applicable term (either Initial Term or Extended Term) under this Lease as if the same had not been terminated by reason of Lessee's default. E. Confession of Judgments for Money and Possession. THE FOLLOWING PARAGRAPHS SET FORTH WARRANTS OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST MAKER IN GRANTING THIS RIGHT TO CONFESS JUDGMENT AGAINST LESSEE AND GUARANTOR, LESSEE AND GUARANTOR HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY AND ON THE ADVICE OF THE SEPARATE COUNSEL OF LESSEE AND GUARANTOR, UNCONDITIONALLY WAIVE ANY AND ALL RIGHTS LESSEE AND GUARANTOR HAD OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. LESSEE AND GUARANTOR HEREBY EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER TO APPEAR FOR LESSEE AND GUARANTOR IN ANY AND ALL ACTIONS WHICH MAY BE BROUGHT FOR RENT AND/OR THE REASONABLE CHARGES, PAYMENTS, COSTS AND EXPENSES HEREIN RESERVED AS RENT, OR HEREIN AGREED TO BE PAID BY LESSEE AND GUARANTOR AND/OR TO SIGN FOR LESSEE AND GUARANTOR AN AGREEMENT FOR ENTERING IN ANY COMPETENT COURT AN AMICABLE ACTION OR ACTIONS FOR THE RECOVERY OF SUCH RENT OR OTHER REASONABLE CHARGES OR EXPENSES, AND IN SAID SUITS OR IN SAID AMICABLE ACTION OR ACTIONS TO CONFESS 9 ?fl ? JUDGMENT AGAINST LESSEE AND GUARANTOR FOR ALL OR ANY PART OF THE RENT SPECIFIED IN THIS LEASE AND THEN DUE AND UNPAID, AND OTHER REASONABLE CHARGES, PAYMENTS, COSTS AND EXPENSES RESERVED AS RENT OR AGREED TO BE PAID BY LESSEE AND GUARANTOR AND THEN DUE AND UNPAID, AND FOR INTEREST AND REASONABLE COSTS TOGETHER WITH A REASONABLE ATTORNEY'S COMMISSION. SUCH AUTHORITY SHALL NOT BE EXHAUSTED BY ONE EXERCISE THEREOF, BUT JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AS OFTEN AS ANY OF SAID RENT AND/OR OTHER REASONABLE CHARGES RESERVED AS RENT OR AGREED TO BE PAID BY LESSEE AND GUARANTOR SHALL FALL DUE OR BE IN ARREARS. FOR THE PURPOSE OF OBTAINING POSSESSION OF THE PREMISES UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT, LESSEE HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE, AS ATTORNEY FOR LESSEE, AS WELL AS FOR THE PERSONS CLAIMING UNDER, BY, OR THROUGH LESSEE, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST LESSEE AND ALL PERSONS CLAIMING UNDER, BY, OR THROUGH LESSEE, IN FAVOR OF THE LESSOR FOR THE RECOVERY BY THE LESSOR OF POSSESSION OF THE PREMISES, FOR WHICH THIS LEASE (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE A SUFFICIENT WARRANT; WHEREUPON A WRIT OF POSSESSION OF THE PREMISES MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER AND WITHOUT STAY OF EXECUTION, LESSEE HEREBY RELEASING AND AGREEING TO RELEASE THE LESSOR AND ANY SUCH ATTORNEY FROM ALL PROCEDURAL ERRORS AND DEFECTS WHATSOEVER IN ENTERING SUCH ACTION OR JUDGMENT OR IN CAUSING SUCH WRIT OR PROCESS TO BE ISSUED OR IN ANY PROCEEDING THEREON OR CONCERNING THE SAME, PROVIDED THAT THE LESSOR SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT MADE ON THE LESSOR'S BEHALF SETTING FORTH THE FACTS NECESSARY TO AUTHORIZE THE ENTRY OF SUCH JUDGMENT ACCORDING TO THE TERMS OF THIS INSTRUMENT, OF WHICH FACTS SUCH AFFIDAVIT SHALL BE PRIMA FACIE EVIDENCE. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER ANY SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR BE TERMINATED, OR POSSESSION OF THE PREMISES REMAIN IN OR BE RESTORED TO LESSEE OR ANYONE CLAIMING UNDER, BY, OR THROUGH LESSEE, THE LESSOR MAY, WHENEVER AND AS OFTEN AS THE LESSOR SHALL HAVE THE RIGHT TO TAKE POSSESSION AGAIN OF THE PREMISES, BRING ONE OR MORE FURTHER ACTIONS IN THE MANNER HEREINBEFORE SET FORTH TO RECOVER POSSESSION OF THE PREMISES AND TO CONFESS JUDGMENT THEREIN AS HEREINABOVE PROVIDED, AND THE AUTHORITY AND POWER ABOVE GIVEN 10 TO ANY SUCH ATTORNEY SHALL EXTEND TO ALL SUCH FURTHER ACTIONS IN EJECTMENT AND CONFESSION OF JUDGMENT THEREIN AS HEREINABOVE PROVIDED. 15. No Liens or Encumbrances: Improvements. Lessee shall not permit any mechanics' lien or similar lien to be filed against the Premises or against the leasehold interest of Lessee for any reason, nor will Lessee mortgage or assign its interest in this Lease as collateral security for any such loan. Lessee shall not be permitted to make any improvement on or about the Premises without Lessor approving the same in advance and in writing. In addition, if any penetration or structural adjustment is to be performed by Lessee, its agents or employees, on the Premises for any reason, Lessee shall first obtain written approval from Lessor and provide Lessor with detailed plans of the work to be performed. 16. Easements. Agreements or Encumbrances: The parties shall be bound by all existing easements, agreements, and encumbrances of record relating to the Premises, and Lessor shall not be liable to Lessee for any damages resulting from any action taken by a holder of an interest pursuant to the rights of that holder thereunder. 17. Quiet Enjoyment: Lessor warrants that Lessee shall be granted peaceful and quiet enjoyment of the Premises free from any eviction or interference by Lessor if Lessee pays the rent and other charges provided herein, and otherwise fully and punctually performs the terms and conditions imposed on Lessee. 18. Liability of Lessor: Lessee shall be in exclusive control and possession of the Premises, and Lessor shall not be liable for any injury or damages to any property or to any person on or about the Premises nor for any injury or damage to any property of Lessee, unless otherwise provided in this Lease. The provisions herein permit Lessor, upon reasonable notice, to enter and inspect the Premises to insure that Lessee is in compliance with the terms and conditions hereof and make repairs that Lessee has failed to make. Except for Lessor's gross negligence or willful misconduct, Lessor shall not be liable to Lessee for any entry on the Premises for inspection purposes. 19. Rent Abatement: Except for a taking pursuant to Eminent Domain or damage or destruction to the Premises, no abatement, diminution, or reduction in rent shall be claimed or allowed to Lessee or any person claiming under him under any circumstances, whether for inconvenience, discomfort, interruption of business or otherwise, arising from the making of alterations, improvements, or repairs to the Premises. In the case of fire or damage, the rent shall be abated proportionately as set forth in Paragraph 22. 20. Representations by Lessor: At the commencement of the Initial Term, Lessee shall accept the Premises in its existing condition and state of repair, and Lessee agrees that no representations, statements, or warranties, express or implied, have been made by or on behalf of Q ??- Lessor in respect thereto except as contained in the provisions of this Lease, and Lessor shall in no event be liable for any latent defects. 21. Waivers: The failure of Lessor to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that Lessor may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. As to any loss or damage that may occur to the property of Lessee, Lessee hereby releases Lessor from any and all liability for such loss or damage even if such loss or damage is caused by the negligence of Lessor of its agents or employees. 22. Damage or Destruction. In the event of the total or partial destruction of the leased Premises by fire, other casualty, the elements or other cause, or of such damage thereto as shall render the same unfit for occupancy by the Lessee for a period in excess of thirty (30) days, this Lease, upon surrender and delivery to Lessor of the leased Premises, together with the payment of rent to the date of such occurrence and a proportionate part thereof to the date of surrender, and together with payment of such other sums as may be due hereunder, shall terminate and be at an end. If the leased Premises is rendered partially untenable by any cause mentioned in the preceding sentence, for a period of less than thirty (30) days, Lessor may, at its option and at its own expense, proceed to restore said leased Premises with reasonable diligence, and the rent shall be abated proportionally for the period of said partial untenability and until the leased Premises shall have been restored by Lessor. 23. Notice: All notices to be given with respect to this Lease shall be in writing. Each notice shall be sent by registered, certified mail, or overnight (UPS or Federal Express), postage prepaid and return receipt requested, to Lessor and Lessee at the addresses set forth after within this Paragraph. Every notice shall be deemed to have been given at the time it shall be deposited in the United States mails in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process, and nothing contained herein shall be construed to preclude Lessor from providing notice to Lessee of a default under Paragraph 13 or the effect of a default under Paragraph 14 of this Lease by personally handing such notice to a member or manager of Lessee or by posting such notice at the Premises. If to Lessor: Coliseum Megaplex Group, LLC 1150 Duryea Drive Hummelstown, PA 17036 With a copy to: Manson Law Offices Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 12 If to Lessee: R & B Entertainment, LLC 3716 Falkstone Drive Mechanicsburg, Pennsylvania 17050 Or 410 St. Johns Church Road Camp Hill, PA 17011 24. Assignment. Mortg_aee. or Sublease: Lessee shall not assign, mortgage, pledge, or encumber this Lease or sublet the Premises in whole or in part, or permit the Premises to be used or occupied by others, nor shall this Lease be assigned or transferred by operation of law, without the prior consent in writing of Lessor in each instance. If this Lease is assigned or transferred, or if all or any part of the Premises is sublet or occupied by anybody other than Lessee, Lessor may, after default by Lessee, collect rent from the assignee, transferee, subtenant, or occupant, and apply the net amount collected to the rent reserved herein, but no such assignment, subletting, occupancy, or collection shall be deemed a waiver of any agreement or condition hereof, or the acceptance of the assignee, transferee, subtenant, or occupant as Lessee. Lessee shall continue to be liable hereunder in accordance with the terms and conditions of this Lease and shall not be released from the performance of the terms and conditions hereof. The consent by Lessor to an assignment, mortgage, pledge, or transfer shall not be construed to relieve Lessee from obtaining the express written consent of Lessor to any future transfer of interest. Nothing herein shall be construed to prohibit Lessor from assigning its rights under this Lease. 25. Surrender of Posseslion: Lessee shall, on the last day of the applicable term (either Initial Term or Extended Term), or on earlier termination of the Lease, peaceably and quietly surrender and deliver the Premises to Lessor frbe of subtenancies, including all buildings, additions, and improvements constructed or placed thereon by Lessee, except moveable trade fixtures (including but not limited to all arcade games, bowling alley and equipment, etc), all in good condition and repair. Any trade fixtures or personal property not used in connection with the operation of the Premises and belonging to Lessee, if not removed at the termination or default, and if Lessor shall so elect, shall be deemed abandoned and become the property of Lessor without any payment or offset therefor. Lessor may remove such fixtures or property from the Premises and store them at the risk and expense of Lessee if Lessor shall not so elect. Lessee shall repair and restore all damage to the Premises caused by the removal of equipment, trade fixtures, and personal property. 26. Remedies of Lessor: A. In the event of a breach or a threatened breach by Lessee of any of the terms or conditions hereof, Lessor shall have the right of injunction to restrain Lessee and the right to 13 p o?? invoke any remedy allowed by law or in equity, as if the specific remedies of indemnity or reimbursement were not provided herein. B. The rights and remedies given to Lessor in this Lease are distinct, separate and cumulative, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others herein, by law, or by equity provided. C. No receipt of money by Lessor from Lessee after default or cancellation of this Lease in any lawful manner shall (1) reinstate, continue, or extend the term of or affect any notice given to Lessee, (2) operate as a waiver of the right of Lessor to enforce the payment of rent and additional rent then due or falling due, or (3) operate as a waiver of the right of Lessor to recover possession of the Premises by proper suit, action, proceeding, or other remedy. After (1) service of notice of termination and forfeiture as herein provided and the expiration of the time specified therein, (2) the commencement of any suit, action, proceeding, or other remedy, or (3) final order or judgment for possession of the Premises, Lessor may demand, receive, collect any monies due, without in any manner affecting such notice, order or judgment. Any and all such monies so collected shall be deemed to be payment on account of the use and occupation of the Premises or at the election of Lessor, on account of the liability of Lessee hereunder. 27. Subordination. Attornment. A. This Lease, and all rights of Lessee hereunder, are and shall be subject and subordinate in all respects to all present and future mortgages and building loan agreements, which may now or hereafter affect the Premises, whether or not such mortgages shall also cover other lands, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and consolidations and correlations of such mortgages. This Paragraph shall be self-operative and no further instruments of subordination shall be required. The mortgages to which this Lease is, at the time referred to, subject and subordinate are herein sometimes called "Superior Mortgages". Lessee agrees that it will not perform any act which may constitute a default under any Superior Mortgage and in the event that there shall be a discrepancy between the obligations created under this Lease and the obligations created under any Superior Mortgage, the obligations of such Superior Mortgage shall control, but nothing herein contained shall obligate Lessee to make any payment of interest and/or amortization due under any Superior Mortgage, nor shall the terms of any Superior Mortgage be deemed to in any manner increase the rental payable by the Lessee hereunder or reduce or increase the Term of this Lease or otherwise unreasonably vary the rights or obligations of the Lessee hereunder. B. Upon request of the holder of a Superior Mortgage to which this Lease becomes subordinate, Lessee shall execute, acknowledge and deliver to such holder an agreement to attom to such holder as Lessor if such holder becomes Lessor hereunder and/or execute, acknowledge and deliver to such holder an agreement not to pay rent for a period of more than one (1) month in advance. Upon such attornment this Lease shall continue in full force and effect as, and as if 14 'i:?. (::RL it were, a direct Lease between the Successor Lessor and Lessee upon all of the terms, conditions and covenants as set forth in this Lease and shall be applicable after such attornment except that the Successor Lessor shall: (1) not be liable for any previous act or omission of Lessor (2) not be subject to any offset, not expressly provided for in this Lease, which shall have theretofore accrued or which may thereafter accrue to Lessee against Lessor. (3) not be bound by any previous modification of this Lease, not expressly provided for in this Lease other than a modification of this Lease executed by Lessee and Lessor prior to the execution of any superior leasehold or superior mortgage or by any previous prepayment of more than one (1) month's Rent, unless such modification or prepayment shall have been expressly approved in writing by the holder of the Superior Mortgage. C. Lessee agrees that it will, upon request, make reasonable modification in this Lease to comply with the requirements of a holder of a Superior Mortgage, but nothing in this Subparagraph shall obligate Lessee to make any modification which would increase the amount of Rent or Additional Rent due hereunder or interest and amortization due under a Superior Mortgage, or reduce or increase the Term of this Lease or otherwise unreasonably vary the rights or obligations of the Lessee hereunder. D. Lessee hereby agrees not to look to the mortgagee, mortgagee in possession, or successor in title to the property, for accountability for any security deposit required by the Lessor hereunder, unless said sums have actually been received by said mortgagee as security for the Lessee's performance of this Lease. F. Lessee shall, upon request by Lessor, execute and deliver to Lessor a written declaration in recordable form: (1) ratifying this Lease; (2) expressing the commencement and termination dates thereof; (3) certifying that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated); 15 (4) that all conditions under this Lease to be performed by Lessor have been satisfied; (5) that there are no defenses or offsets against the enforcement of this Lease by the Lessee, or, in the event Lessee claims such defenses or offsets against the enforcement of this Lease, stating those claimed by Lessee; Lessee; (6) the amount of advance rental, if any, paid by (7) the date to which rental has been paid; and (8) the amount of security deposited with Lessor. Such declaration shall be executed and delivered by Lessee from time to time within ten (10) days after written request by Lessor. Lessor's mortgage lenders and/or purchasers shall be entitled to rely upon same. G. Lessee shall within five (5) days after written request from Lessor, execute and deliver to Lessor such instruments to evidence the intent of this Subparagraph. Lessee hereby irrevocably appoints Lessor as attorney-in-fact for Lessee with full power and authority to execute and deliver such instruments for and in the name of Lessee. If Lessee shall not have executed and delivered such instruments as aforesaid, and Lessee's actual execution is required by the party requesting the instrument(s), the same shall constitute a Default by Lessee. 28. Authorization: Lessee and Guarantor represent and warrant that Lessee is a limited liability company in good standing under the laws of the Commonwealth of Pennsylvania, that it is permitted to enter into this Lease, that it is owned and operated by its sole member and manager, being Guarantor, and that Guarantor is authorized to bind Lessee under this Lease. No other person or entity has any interest in and control of Lessee. 29. Total Agreement: Applicable to Successors: This Lease contains the entire agreement between the parties and cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. This Lease and the terms and conditions hereof apply to and are binding on the heirs, legal representatives, successors, and assigns of both parties. 30. Applicable Law: This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 31. Counsel Fees. If Lessor shall obtain legal counsel or bring an action against Lessee or Guarantor by reason of the breach of any covenant, warranty or condition of this Lease 16 p V-1 or otherwise arising out of this Lease, Lessee and Guarantor shall pay to Lessor reasonable attorney's fees, which shall be payable whether or not such action is prosecuted to judgment. 32. Time of the Essence: Time is of the essence in all provisions of this Lease. 33. LESSOR, LESSEE, and GUARANTOR HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY LESSOR ON ANY MATTERS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE. 34. Recording. This Lease shall not be recorded. IN WITNESS WHEREOF, the parties set their respective hands and seals hereto, intending to be legally bound hereby. A T: r Lessor: Coliseum Megaplex Group, LLC By: l "t4 I Kalpesh A. Vakil, Managing Member Lessee: R & Entertainment, LLC By; Irfan tt, Sole Member/Manager Guarantor is a party to this Lease to guarantee performance of the terms and conditions of this Lease and payment of the rent and additional rent owed by the Lessee to Lessor. Further, Guarantor acknowledges that this Lease contains Confessions of Judgment clauses in Paragraph 14 of this Lease that are applicable to Guarantor. Guarantor: 74?ffButt 17 EXHIBIT "B" r•C ?'j r?C....? W'0 J Parcel Nos.: 10-22-0529-015 10-22-0529-002 DEED MADE THE 21 S` day of September, 2011. BETWEEN MEMBERS 1ST FEDERAL CREDIT UNION, a federally chartered credit union, having an address of 5000 Louise Drive, Mechanicsburg, PA 17055 of Cumberland County, Pennsylvania, hereinafter referred to as: Grantor, AND COLISEUM MEGAPLEX GROUP, LLC, a Pennsylvania limited liability company, with a registered office address of 1150 Duryea Drive, Hummelstown, PA 17036, hereinafter referred to as: Grantee, In consideration of NINE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($950,000.00), the receipt whereof is hereby acknowledged, the Grantor does hereby grant and convey to the Grantee, its successors and/or assigns: TRACT NO. 1: ALL that certain parcel of land, situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Hoover Engineering Services, Inc., dated January 21, 2002, File No. 202005, as follows: BEGINNING at a point located along the Western Legal Right-of-Way Line of St. John's Church Road (S.R. 2029), at land now or late of Atlantic Refining and Marketing Corp.; thence along St. John's Church Road, South 40 degrees 43 minutes 04 seconds East, a distance of 245.72 feet to a point; thence along lands now or late of James Yaple, South 49 degrees 16 minutes 56 seconds West, a distance of 3 51.05 feet to a steel pin; thence along lands now or late of Realm, on a curve, curving to the left, having a radius of 320.00 feet and an arc length of 366.58 feet (a chord bearing of North 65 degrees 10 minutes 58 seconds West, and a chord distance of 346.86 feet) to a steel pin; thence along lands now or late of Barone Enterprises and Frontier Partners L.P., North 60 degrees 13 minutes 56 seconds East, a distance of 219.29 feet to a point; thence along lands previously referenced North 30 degrees 13 minutes 04 seconds West, a distance of 49.34 feet to a point; thence along lands now or late of Atlantic Refining and Marketing Corp., North 65 degrees 08 minutes 56 seconds East, a distance of 281.12 feet to a point, the place of Beginning. CONTAINING 108,319.51 square feet or 2.4867 acres. TRACT NO. 2: ALL that certain tract of land with improvements thereon erected, situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with Plan #500532 prepared by D.P. Raffensberger Associates, Engineers & Surveyors dated November 30, 1977, as follows: BEGINNING at a point on the southern right-of-way line of Trindle Road at line of lands now or late of Sibarco Corporation and lands now or late of Spera Industrial Co.; thence along said line of lands now or late of Sibarco Corporation and lands now or late of Spera Industrial Co., South twenty-nine degrees forty-four minutes East a distance of two hundred feet (South 29 ° 44' East 200') to a point; thence continuing along lands now or late of Spera Industrial Co., South sixty degrees forty-three minutes West, a distance of one hundred twenty-two and twenty-nine hundredths feet (South 60 ° 43' West 122.29') to a point in line of lands now or late of Roy E. Prescott et ux; thence along lands now or late of Roy E. Prescott et ux., North twenty-six degrees fourteen minutes thirty-eight seconds West, a distance of two hundred nine and fifty hundredths feet (North 26° 14' 38" West 209.50') to a point on the said southern right-of-way line of Trindle Road; thence along the said southern right-of- way line of Trindle Road, North sixty-five degrees thirty-eight minutes East, a distance of one hundred ten feet (North 65° 38' East 110') to a point, the place of BEGINNING. BEING the same premises which R. Thomas Kline, Sheriff of the County of Cumberland, in the State of Pennsylvania, by Deed dated September 2, 2009, and recorded September 29, 2009, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 200933423 granted and conveyed unto Members I' Federal Credit Union, Grantor herein. UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions, notations and agreements affecting the property, visible or of record. AND the said Grantor hereby covenants and agrees that it will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE P SENC O Members 1St Federal Credit Union SEAL By: ( ) Fred H. Ryerse III, SVP of Lending COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this, the 21St day of September, 2011, before me, the undersigned officer, personally appeared Fred H. Ryerse III, who acknowledged himself to be the SVP of Lending at Members 1St Federal Credit Union, a federally chartered credit union, and that he as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the credit union by himself as said officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. AL) Not c O YAM Nft ow MW" AM NNk NOWY P, a"* " awawww cow COrtIlflM011 IiNN a m 5 MONK V OF WrM= I hereby certify that the precise residence and complete post office address of the within Grantee is 1150 Duryea Drive, Hummelstown, PA 17036. Attorney for Grantee MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MART S ON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE 717-243-3341 FACSIMILE 717-243-1850 INTERNET www.martsonlaW.COM ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201126237 Recorded On 9/21/2011 At 4:03:11 PM * Instrument Type - DEED Invoice Number - 93666 User ID - ES * Grantor - MEMBERS 1ST FEDERAL CR UN * Grantee - COLISEUM MEGAPLEX GROUP LLC * Customer - MARTSON * FEES STATE TRANSFER TAX $9,500.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $20.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY $4,750.00 SCHOOL DISTRICT HAMPDEN TOWNSHIP $4,750.00 TOTAL PAID $19,072.00 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIIIIIIICIIIIIIINIM VERIFICATION I, Kalpesh A. Vakil, Managing Member for Coliseum Megaplex Group, LX, acknowledge I have the authority to execute this Verification on behalf of Coliseum Megaplex Group, LL.C, and certify that the foregoing Complaint for Confession of Judgment is based upon information which has been gathered by nay counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint for Confession of'Judgment is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint fir Contession of Judgment is that of counsel. I have relied upon counsel in making this Verification. This statement and Verification are trade subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. COLISEUM MEGAPLEX GROUP. LLC ?w. Kalpesh A. Valet! Managing Member E i li 7 ,.C?:+?+in i 7aG-% bole i ?.,r :i 3..: 3.G7 lam r?a,t2 e,)?? l J C tiJ y zm M Christopher E. Rice, Esquire Attorney I.D. No. 90916 '- 77 C' Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES c: co 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COLISEUM MEGAPLEX GROUP, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2012 - `7 611 CIVIL TERM R&B ENTERTAINMENT, LLC, Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendants, R&B Entertainment, LLC, is not in the military service of the United States of America, that he has knowledge that the Defendant has a last known address as set forth in the Certificate of Residence filed contemporaneously with this Affidavit. Christopher E. Rice, Esquire Sworn to and subscribed before me this /? & day of November, 2012. )%,,q) "! ' jakl?) o ublic COMMONWEALTH OF PENNSYLVANIA N=M8l S01 Mary M. Price, Notary Public rA tle Wo, Cumberland County . 18, 2015 ._ y CoftiMINIM b" TWX of HGTAM S l ! ? PJ Q . rncu ?C M_"Yw =M c) r- Christopher E. Rice, Esquire Attorney I.D. No. 90916 ---- { Seth T. Mosebey, Esquire vc =C Attorney I.D. No. 203046 co MARTSON LAW OFFICES 10 Fast High Street rv Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COLISEUM MEGAPLEX GROUP, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012 - 701 CIVIL TERM R&B ENTERTAINMENT, LLC, Defendant CERTIFICATE OF RESIDENCE We hereby certify that the last known addresses of the Defendant is: R&B Entertainment, LLC 3716 Falkstone Drive Mechanicsburg, PA 17050 The address of Plaintiff is: 1150 Duryea Drive, Hummelstown, PA 17036. MARTSON LAW OFFICES Cx' By: Christopher E. Rice, Esquire G _ Seth T. Mosebey, Esquire Date:/-- Attorneys for Plaintiff Christopher E. Rice, Esquire Attorney I.D. No. 90916 ? `- Seth T. Mosebey, Esquire ,,, -+ Attorney I.D. No. 203046 rnrn MARTSON LAW OFFICES 10 East High Street er Carlisle, PA 17013 0 ma - -- (717) 243-3341 = c ) -- Attorneys for Plaintiff c CO COLISEUM MEGAPLEX GROUP, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012 - CIVIL TERM R&B ENTERTAINMENT, LLC, Defendant AFFIDAVIT I, Christopher E. Rice, Esquire, attorney for Plaintiff, hereby certify, that to the best of my knowledge, that the Confession of Judgment for Money attached is not being entered against a natural person in connection with a consumer credit transaction. Christopher E. Rice, Esquire Sworn to and subscribed before me this 91k day of November, 2012. N ublic a"MO yEAL OF PENNSYLVANIA Noted Seel Mary M. pMoe, Notary Public GMt N wo, Cumbertand County . 18, 2015 TION OF NOTARIES Christopher E. Rice, Esquire rn Attorney I.D. No. 90916 =M © r- Seth T. Mosebey, Esquire ter- _ c Attorney I.D. No. 203046 -<> ° C) MARTSON LAW OFFICES <?' m• -,, 10 East High Street Carlisle, PA 17013 c o ,- (717) 243-3341 : Attorneys for Plaintiff COLISEUM MEGAPLEX GROUP, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2012 - -70(1 CIVIL TERM R&B ENTERTAINMENT, LLC, Defendant NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 PA. C.S.A. §2737.1. (Act 105 of 2000) To: Defendant PURSUANT TO 42 PA. C.S.A. SECTION 273 IF YOU HAVE BEEN INCORRECTLY IDENTIFIED AND HAD A CONFESSION OR JUDGMENT ENTERED AGAINST YOU, YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. INSTRUCTIONS REGARDING THE PROCEDURE TO STRIKE THE CONFESSED JUDGMENT ARE SET FORTH BELOW: Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment (a) (1) Relief from a j udgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only: (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. You may have other rights available to you other than as set forth in this notice. 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 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COLISEUM MEGAPLEX GROUP, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012 - CIVIL TERM R&B ENTERTAINMENT, LLC, Defendant NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. R.C.P. NO. 236 To: R&B Entertainment, LLC 3716 Falkstone Drive Mechanicsburg, PA 17050 Q You are hereby notified that on , judgment by confession was entered against you in the above-captioned case in favor of Coliseum Megaplex Group, LLC, as follows: Monthly Rent Payments Costs of Suit (estimated) Attorney Fees Total Date: •?t /?,???? $ 92,000.00 $ 500.00 $ 10,000.00 $102,5 .00 Pr otary