HomeMy WebLinkAbout13-0653IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
Plaintiffs,
v.
ABDERRA:HIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
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PRAECIPE FOR ASSESSMENT OF DAMAGES AND JUDGMENT BY
CONFESSION FOR MONEY PURSUANT TO PA.R.C.P. 2951 ET. SEQ.
TO THE PROTHONOTARY:
Pursuant to Pa.R.C.P. 2971 et.seq., please assess damages and enter judgment
against Defendant, Abderrahim Taghi, in the amount of $12,129.02, as follows:
Principal Sum
Other Authorized Items:
(Attorney's Commission of not less than
$5,000.00)
By:
Dated: February .~ , 2013
$4,673.30
5 000.00
$9,673.30
DEEB, BLUM, MURPHY, FRISHBERG 8v
MARKOVICH, P.C.
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Fran G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
{1296.052 00132050}{1296.052 00132050}
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
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PRAECIPE FOR JUDGMENT BY
CONFESSION FOR POSSESSION PURSUANT TO PA.R.C.P. 2971 ET. SEQ.
TO THE PROTHONOTARY:
Pursuant to Pa.R.C.P. 2971 et.seq., please enter judgment against Defendant,
Abderrahim Taghi, for possession of the following premises:
Approximately 1,600 square feet of commercial space located at 5205
Simpson Ferry Road, Suite 14, at the East Gate Shopping Center,
Mechanicsburg, Cumberland County, Pennsylvania, 17055, allegedly being
utilized as a Moroccan restaurant known as Sahara.
DEEB, BLUM, MURPHY, FRISHBERG 8s
MARKOVICH, P.C.
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By:
Frank G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
Dated: February ~ 2013
{1296.052 00132050}
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
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CONFESSION OF JUDGMENT FOR POSSESSION
Pursuant to the authority contained in the warrant of attorney, the original or a
copy of which is attached to the Complaint filed in this action, we appear for the
Defendant and confess judgment in ejectment in favor of the Plaintiffs and against the
Defendant for the possession of the real property described as follows:
Approximately 1,600 square feet of commercial space located at 5205
Simpson Ferry Road, Suite 14, at the East Gate Shopping Center,
Mechanicsburg, Cumberland County, Pennsylvania, 17055, allegedly being
utilized as a Moroccan restaurant known as Sahara.
By:
Judgment ntere s A e
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Prot otary
DEEB, BLUM, MURPHY, FRISHBERG &
MARKOVICH, P.C.
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ran G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
{1296.052 00132050}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and COURT OF COMMON PLEAS
HOME ELITE, LTD., CUMBERLAND COUNTY
491 Old York Rd., Suite 200
Jenkintown, PA 19046 .-
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CONFESSION OF JUDGMENT FOR MONEY
Pursuant to the authority contained in the warrant of attorney, the original or a
copy of which is attached to the Complaint filed in this action, we appear for the
Defendant and confess judgment in favor of the Plaintiffs and against the Defendant as
follows:
Principal Sum
Other Authorized Items:
(Atto:rney's Commission of not less than.
$5,000.00)
By:
Judgmen me As ve
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Prot onotary
$4,673.30
5 000.00
$9,673.30
DEEB, BLUM, MURPHY, FRISHBERG &
MARKOVICH, P.C.
Frank G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
{1296.052 00132050}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
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COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER PENNSYLVANIA RULES OF CIVIL PROCEDURE 2950, ET SEQ.
Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd., as tenants in common, by and
through their undersigned attorneys, file this Complaint for judgment by confession
pursuant to Rules 2950 et seq., of the Pennsylvania Rules of Civil Procedure and, in
support hereof, state as follows:
THE PARTIES
1. Plaintiff, PR Real Estate, LLC is a Pennsylvania limited liability company with
a principal place of business located at 491 Old York Rd., Suite 200, Jenkintown,
Pennsylvania.
2. Plaintiff, Home Elite Ltd. is a Pennsylvania corporation with a principal place
of business located at 491 Old York Rd., Suite 200, Jenkintown, Pennsylvania.
3. Defendant, Abderrahim Taghi, is an adult individual with a last known
address of 814 N. Arch Street, Mechanicsburg, Pennsylvania, 17055.
{1296.052 00132050}
4. Plaintiffs, PR Real Estate, LLC and Home Elite Ltd. (hereinafter collectively
"Plaintiffs/Landlords"), as tenants in common are the record owners of a retail shopping
center known as East Gate Shopping Center, located in Cumberland County at 5205
Simpson Ferry Road, Mechanicsburg, PA 17055.
5. Defendant, Abderrahim Taghi (hereinafter "Defendant/Tenant"), is in
occupancy and possession of approximately 1600 square feet of Plaintiffs/Landlords'
commercial space located in Suite 14 of the East Shopping Center, located in Cumberland
County at 5205 Simpson Ferry Road, Mechanicsburg, PA 17055, which is allegedly being
utilized as a Moroccan restaurant known as Sahara (the "Property").
COUNT I
FOR JUDGMENT OF MONEY (PAST RENT OWED)
Pa.R.C.P. 2950 et seq.
6. Plaintiffs/Landlords incorporate by reference the foregoing paragraphs as if
fully set forth herein at length.
7. The owners of the Property are Plaintiffs/Landlords. The Defendant/Tenant
leases the Property from Plaintiffs/Landlords for commercial use pursuant to a written
agreement (as the same has been amended, assigned, restated, or otherwise modified
through the date hereof, "Lease"). (A copy representing a true and correct reproduction of
the original Lease is attached hereto, incorporated herein and marked as Exhibit A).
8. Defendant/Tenant entered into the Lease with Plaintiffs/Landlords on or
about June 15, 2005 and is subject to the terms of Lease, including confessions of
judgment clause/warrants of attorney personally initialed and signed by the
Defendant/Tenant. (See Exhibit A, Lease, ¶ 68).
{1296.052 00132050}
9. Pursuant to the terms of the Lease, during the relevant time period, the
Defendant/Tenant is required to pay to the Plaintiffs/Landlords a monthly fixed Minimum
Rent. (See. Exhibit A, Basic Lease Provisions, ~ 6).
10. Defendant/Tenant has defaulted on his obligations under the Lease by virtue
of his failure to pay Plaintiffs/Landlords Minimum Rent and other sums owing in the
amount of X4,673.30 (as of February 1, 2013).
11. Plaintiffs/Landlords have made formal written demand for payment of this
sum.
12. By letter dated December 12, 2012 (the "Default Letter"), Plaintiffs/Landlords
notified Defendant/Tenant of his failure to comply with rental obligations owed under the
Lease. By the Default Letter, Plaintiffs/Landlords further advised Defendant/Tenant that,
unless payment in full of the amounts owing under the Lease was made,
Plaintiffs/Landlords would exercise any and all rights and remedies available to
Plaintiffs/Landlords for non-payment of rent, including confession of judgment.
13. As of the date hereof, the Defendant/Tenant. has not cured his default.
14. Under the Lease, the Plaintiffs/Landlords are empowered to confess
judgment against Defendant/Tenant for all back rent owed. (See Exhibit A, Lease ~ 68(B)).
15. Under the Lease, Plaintiffs/Landlords are also entitled to recover from the
Defendant,/Tenant an attorney's commission of not less than X5,000.00. (See Exhibit A,
Lease ~ 68(B)).
{1296.052 00132050}
16. Thus, as of this date, the amounts due and owing by the Defendant/Tenant
to Plaintiffs/Landlords under the Lease are as follows:
Unpaid Rent $4,673.30
(including Minimum Rent and Additional Rent)
Attorney's Commission 5 000.00
$9,673.30
17. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
18. No judgment has been entered on the Lease in any jurisdiction.
19. The Warrant of Attorney is less than twenty (20) years old.
WHEREFORE, Plaintiffs/Landlords, hereby demand judgment by confession in the
amount of X9,673.30 against Defendant/Tenant, as authorized by the warrant of attorney
appearing in the attached Lease, together with such other and further relief as the Court
may deem proper.
COUNT II
FOR POSSESSION
Pa.R.C.P. 2970 et seq.
20. Plaintiffs/Landlords incorporates by reference the foregoing paragraphs as if
fully set forth herein at length.
21. A Warrant of Attorney to confess judgment for possession is also contained
in the Lease and was signed by Defendant/Tenant. (See Exhibit A, Lease, ~ 68(A)).
22. Pursuant to the terms of the Lease, Plaintiffs/Landlords may confess
judgment for possession against Defendant/Tenant upon default under the Lease. (See
Exhibit A, Lease, ~ 68(A)). Defendant/Tenant is in default, as set forth supra, and has
failed to cure said default.
{1296.052 00132050}
23. Plaintiffs/Landlords duly served Defendant/Tenant with a proper 10-day
Default Letter, which included a notice to the Defendant/Tenant of Plaintiffs/Landlords'
intent to file a confession of judgment, pursuant to § 68 of the Lease.
24. By virtue of the foregoing default, Plaintiffs/Landlords are entitled to
possession of the Property as follows:
Approximately 1,600 square feet of commercial space located at 5205
Simpson Ferry Road, Suite 14, at the East Gate Shopping Center,
Mechanicsburg, Cumberland County, Pennsylvania, 17055, allegedly being
utilized as a Moroccan restaurant known as Sahara.
25. The judgment is not being entered against a natural person in connection
with a residential lease.
WHEREFORE, Plaintiffs/Landlords hereby demand a judgment by confession in
ejectment against Defendant/Tenant for recovery of possession of the Property, as
authorized by the warrant of attorney appearing in the attached Lease, together with such
other and further relief as the Court may deem proper.
DEEB, BLUM, MURPHY, FRISHBERG 8s
MARKOVICH, P.C.
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By: C., ~ ~--
rank G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
Dated: February ~, 2013
{1296.052 00132050}
VERIFICATION
I, Scott Homel, state that I am authorized to make this Verification on behalf of the
Plaintiffs/Landlords, and that the facts set forth in the preceding Complaint are true and
correct to the best of my information and belief. This Verification is made with knowledge
of the penalties contained in 18 PaCSA § 4904, relating to unsworn verification to
authorities.
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Scott Homel; on l?ehalf of "`
Plaintiffs, PR Real Estate, -hLC.._~nd_ _
Home Elite, Ltd.
Dated: February b , 2013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
{1296.052 00132050}
EXHIBIT A
BASIC LEASE PROVISIONS
The following Basic Lease Provisions embody the agreement of the parties hereto, subject to further
terms and conditions set forth elsewhere in this Lease. Should the terms set forth below differ from any
term or condition in the Lease, then the Lease shall be deemed controlling.
Parties: Landlord: PR REAL ESTATE, LLC & HOME ELITE,
LTD, AS TENANTS 1N COMMON
Tenant: Abderrahim Taghi
185 WOODS DRIVE
MECHANICSBURG, PA 17055
Leased Premises or Premises: EAST GATE SHOPPING CENTER
MECHANICSBURG, PA
SUITE 14
(1)
(2)
(3)
(4)
(5)
(6)
Term:
Date for Delivery of Possession:
Rent (:ommencement Date:
Five (5) Years, Two (2) Months
June 15, 2005
August I5, 2005
(7)
(8)
(9)
(10)
(11)
~ (12)
Beginning of Term: June 15, 2005
Lease Expiration Date: August 31, 2010
Lease Year & Base Rent:
Lease Year 1 $18,400.00 per year ($1,533.33/mo.)
Lease Year Z $19,200.00 per year ($1,600.00/mo.)
Lease Year 3 $20,000.00 per year ($1,666.67/mo.)
Lease Year 4 $20,800.00 per year ($1,733.33/mo.)
Lease Year 5 $21,600.00 per year ($1,800.00/mo.)
Option Term:
Optior.~ Term Base Rent:
Gross Square Feet of
the Leased Premises:
Gross Square Feet of
Building(s) in the Center
(the "Rentable Area"):
Tenant's Proportionate Share:
Additional Rent:
None
None
1,600 f square feet
36,000 square feet
4.444%
Included In Base Rent
Lease Template PA
(13) Tenant's Trade Name: SAHARA
(14) Security Deposit: $3,000.00
(15) Use: Moroccan Restaurant
(16) Execution Deadline: June 5, 2005
(17) Delivery Condition: As-Is, Where-Is. Tenant shall have the use of any fixtures
found in the premises subject to Section 58 herein.
(18) Rent: The Base Rent plus any and all Additional Rent charges
under the Lease.
(19) Trash Removal: Tenant responsible to supply dumpster for Tenants Trash.
(20) Percentage Rent: N/A
(21) Notices: If To Landlord:
PR Realty, LLC & Home Elite, Ltd
C/O Pintzuk Brown Realty Group, Inc.
491 Old York Rd, Suite 200
Jenkintown, PA 19046
If to Tenant:
Mr. Abderrahim Taghi
185 Woods Drive
Mechanicsburg, PA 17055
And
Stephen D. Tiley, Esquire
5 South Hanover Street
Carlisle, PA 17013
(22) Lease Exhibits: A, A-1, B, C, D, E, F, G, H, I, J
2
This Ageement is made on JUNE , 2005
BETWEEN
PR REAL ESTATE, LLC & HOME ELITE, LTD, AS TENANTS IN COMMON
residing or located at
c/o Pintzuk Brown Realty Group, Inc, 491 Old York Rd, Suite 200, Jenkintown, PA 19046
herein designated as the "Landlord,"
AND
ABDERRAHIM TAGHI
residing or located at
1 SS WOODS IDRIVE
MECHANICSBURG, PA 17055
herein designated as the "Tenant."
1. Leased Premises. The Landlord does hereby lease to the Tenant and the Tenant does hereby rent from the
Landlord, the Leased Premises (also know n as the "Premises") as described in the Basic Lease Provisions, supra.
2. Term. The Landlord does hereby lease to the Tenant and the Tenant does hereby rent from the Landlord, the
Leased Premises for the Term as described in the Basic Lease Provisions, supra.
3. Use of Premises and Common Areas. Tenant shall in good faith continuously throughout the
Term of this Lease conduct and carry on in the entire Premises the type of business described in Article
15 of the Basic Lease Provisions using Tenant's trade name, and the Premises shall not be used for any
other purpose. Tenant specifically agrees that its use of the Premises shall never violate any of the
restrictions set forth on Exhibit "D" attached hereto. Tenant shall not sell, display or solicit sales in the
Common Areas. Tenant shall not use or permit the use of any vending machines or public telephones on,
at, or about thf; Premises without the prior written consent of Landlord. Tenant shall not commit waste,
perform any acts or carry on any practices which may injure the Shopping Center or be a nuisance or
menace to other tenants in the Shopping Center. Tenant shall operate its business in a dignified manner
and in accordance with high standards of store operation so as to maintain a character in keeping with the
rest of the Shopping Center, and so as to maximize Tenant's gross sales and shall, at all times when the
Premises are open for business with the public, keep the Premises properly equipped with fixtures,
stocked with an adequate supply of merchandise and attended by adequate personnel. In the use and
occupancy of the Premises and with respect to conditions created at Tenant's request, or as a result of
Tenant's performance or breach of any of its obligations hereunder or any fault of Tenant, Tenant shall, at
Tenant's expense, comply with all laws and ordinances and all valid rules and regulations and all
directives, orders and citations of federal, state, county and municipal authorities having jurisdiction over
the Premises, including without limitation the Americans with Disabilities Act and all requirements of
any insurance company and any public or private agency having authority over insurance rates.
4. Rent The Tenant agrees to pay Rent and Additional Rent to Landlord per the schedule shown in Article 6
and 12 of the Basic Lease Provisions, supra. Rent is due on the fast day of each month. The fast payment of Base
Rent, Additional Rent, and Security Deposit are due upon the signing of the Lease by the Tenant The Tenant must
pay a late charge often percent as additional rent for each payment that is more than 10 days late. This late charge is
due with the monthly rent payment The Tenant must also pay a fee of $50.00 as additional rent for any dishonored
check.
5. Late Charge: Other remedies for non-payment of Rent notwithstanding, if any monthly
installment of Rent or percentage rent or Additional Rent is not received by Landlord on or before the
date due, or if any payment due Landlord by Tenant which does not have a scheduled due date is not
received by Landlord on or before the tenth (10th) day following the date Tenant's rent was due therefore,
a late charge often percent (10%) of such past due amount shall be immediately due and payable as
Additional Rent hereunder and interest shall accrue on all delinquent amounts from the date past due until
paid at the lower of a rate of one and one-half percent (1-1/2%) per month or fraction thereof from the
date such payment is due until paid (Annual Percentage Rate = 18%), or the highest rate permitted by
applicable law.
6. Partial Payment. No payment by Tenant or acceptance by Landlord of an amount less than the
Rent herein stipulated shall be deemed a waiver of any other Rent due. No partial payment or
endorsement on any check or any letter accompanying such payment of Rent shall be deemed an accord
and satisfaction, but Landlord may accept such payment without prejudice to Landlord's right to collect
the balance of any Rent due under the terms of this Lease or any late charge assessed against Tenant
hereunder.
7. Repairs/Alterations.The Tenant has examined the Leased Premises and has entered into this Lease
without any representation on the part of the Landlord as to the condition then~f.
(a) Repairs By Landlord. Landlord shall keep the foundation, the roof and the exterior
walls of the Premises (except plate glass, doors, door closures, door frames, store fronts, windows and
window frames located in exterior building walls) and the parking lot (keeping the parking lot free of
snow and ice in a typical, first class manner) in good repair, and Tenant shall pay, as additional rent, the
cost of any such repairs occasioned by the act or neglect of Tenant, its assignees, sublessees, servants,
agents, employees, invitees, licensees, or concessionaires, or the servants, agents, employees, invitees,
licensees, or concessionaires of Tenant's assignees or sublessees, and the cost to repair any damage
caused by or as a result of Tenant's occupancy of Premises, or any damage caused by break-in, burglary,
or other similar acts in or to the Premises, within ten (10) days after demand for payment by Landlord. In
the event that the Premises should become in need of repairs required to be made by Landlord hereunder,
Tenant shall give immediate written notice thereof to Landlord, and Landlord shall not be responsible in
any way for failure to make any such. repairs until a reasonable time shall have elapsed after the giving of
such written notice. Landlord may elect by giving notice thereof to Tenant, to require Tenant within a
reasonable time and at Tenant's expense, to make any repairs that Landlord is required to make at
Tenant's expense under this Section, and in such event Tenant shall not be required to pay the cost thereof
to Landlord as additional rent.
(b) Repairs By Tenant_ Tenant shall, at its sole cost and expense, keep the Premises in a
safe, sightly, and serviceable condition; Tenant shall at its sole cost and expense supply a dumpster for
Tenants Trash ;Tenant shall keep the premises free from any infestation by insects, rodents, or other
pests, and, except as provided in this Section ,make all needed maintenance, repairs, and replacements
for the proper operation of Tenant's business within the Premises, including all maintenance, repairs, and
replacements to: (i) the heating, ventilating, and air conditioning systems serving the Premises; (ii) the
exterior and interior portion of all doors, windows, window frames, plate glass, door closures, door
frames and store fronts including exterior signage; (iii) all plumbing and sewage facilities within the
Premises, including free flow up to the connection to the main sewer line, grease traps, sprinkler systems;
(iv) all fixtures within the Premises; (v) all electrical systems serving the Premises (whether or not located
within the Premises); (vi) all sprinkler systems serving the Premises; (vii) all interior walls, floors, and
ceilings; (viii) any of the Tenant's Work; (ix) all repairs, replacements, or alterations required by any
governmental authority; and (x) all necessary repairs and replacements of Tenant's trade fixtures required
for the proper conduct and operation of Tenant's business. If at any time and from time to time during the
Term, and any extensions and renewals thereof, Tenant shall fail to make any maintenance, repairs, or
replacements in and to the Premises as required in this Lease, Landlord shall have the right, but not the
obligation, to enter the Premises and to make such maintenance, repairs, and replacements for and on
behalf of Tenant, and all sums expended by Landlord for such maintenance, repairs, and replacements
shall be deemed to be additional rent hereunder and shall be payable to Landlord upon demand. At the
termination of this Lease, Tenant shall surrender the Premises in good condition, reasonable wear and tear
and loss by fire or other casualty alone excepted. Tenant shall keep in force a standard maintenance
agreement on all heating, ventilating, and air conditioning systems serving the Premises with a reputable
heating and air conditioning service organization which shall be subject to Landlord's approval and shall
provide a copy of said maintenance agreement to Landlord for its approval.
8. Compliance with Laws etc. The Tenant shall promptly comply with all laws, ordinances, rules,
regulations, requirements and directives of the Federal, State and Municipal Governments or Public Authorities and of
all their departments, bureaus and subdivisions, applicable to and affecting the said premises, their use and occupancy,
(including, without limitation, the Americans with Disabilities Act) for the correction, prevention and
abatement of nuisances, violations or other grievances in, upon or connected with the said premises, during the teen
hereof, and shall promptly comply with all orders, regulations, requirements and directives of the Board of Fire
Underwriters or similar authority and of any insurance companies which have issued or are about to issue policies of
insurance covering the said premises and its contents, for the prevention of fire or other casualty, damage or injury, at
the Tenant's own cost and expense.
9. Assignment. The Tenant shall not assign, mortgage or hypothecate this Lease, nor sublet or sublease the
Leased Premises or any part thereof except that Tenant may assign the Lease to an entity which it controlls which
shall not release Tenant of any obligations whatsoever; nor occupy or use the Leased Premises or any part thereof, nor
permit or suffer the same to be occupied or used for any purposes other than as herein limited, nor for any purpose
deemed unlawful, disreputable, or extra hazardous, on account of fire or other casualty.
10. Destruction or Damage by Casualty. (a) Tenant shall give immediate written notice
to Landlord of any damage to the Premises caused by fire or other casualty, and if Landlord does not elect
to terminate this Lease as hereinafter provided, Landlord shall proceed with reasonable diligence and at
its sole cost and expense to rebuild and repair the Premises. Notwithstanding the foregoing, in the event
that: (i) the insurance proceeds payable in connection with such damage and destruction shall be
insufficient to make such restoration; (ii) the building in which the Premises are located shall be destroyed
or substantially damaged by casualty not covered by standard fire or extended coverage insurance; (iii)
such building shall be destroyed or rendered untenantable by any casualty to the extent of at least fifty
percent (50%) of the Rentable Area of such building; (iv) Landlord shall not have actual and
unconditional receipt of the insurance proceeds payable in connection with such damage and destruction;
(v) the holder of any mortgage, deed to secure debt, deed of trust, or other instrument in the nature thereof
which encumbers Landlord's interest hereunder or in the Premises shall require that such proceeds shall
be applied against any indebtedness owed to such holder; or (vi) there shall be less than two (2) years
remaining in the Term, or any extension or renewal thereof, then, in any of such events, Landlord may
elect either to terminate this Lease or to proceed to rebuild and repair the Premises. Landlord shall give
written notice to Tenant of such election within ninety (90) days after the occurrence of such casualty.
(b) Landlord's obligation to rebuild and repair the Premises under this Section shall in any event be
limited to restoring Landlord's work to substantially the condition in which the same existed prior to the
casualty, and Tenant agrees that promptly after the completion of such work by Landlord, Tenant will
proceed with reasonable diligence and at Tenant's sole cost and expense to restore Tenant's work and all
alterations, additions and improvements done by Tenant within the Premises to substantially the condition
in which the same existed prior to the casualty.
(c) Tenant agrees that during any period of reconstruction or repair of the Premises, it will continue
the operation of its business within the Premises to the extent practicable. During the period from the
occurrence of a casualty until Landlord's repairs are completed, the Minimum Rent (but not Percentage
Rent) shall be reduced and abated in proportion to the amount of Rentable Area of the Premises which is
rendered untenantable as a result of such casualty; provided, however, that if such damage or destruction
is caused by the intentional or negligent acts or omissions of Tenant, its assignees, sublessees, servants,
agents, employees, invitees, licensees, or concessionaires, or the servants, agents, employees, invitees,
licensees, or concessionaires of Tenant's assignees or sublessees, then, and in that event, the Minimum
Rent shall not abate. Tenant shall not be entitled to and hereby waives, releases, and relinquishes any and
all claims against Landlord for any compensation or damage for loss of use of all or any part of the
Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, repair, or
restoration of the Premises.
(d) Tenant agrees at all times at its expense to keep its merchandise, fixtures, Tenant's Work, all
alterations, additions and improvements done by Tenant within the Premises and Tenant's other property
situated within its Premises insured by "All Risk" insurance in an amount equal to its full replacement
value. Such insurance shall be carried with companies reasonably satisfactory to Landlord. Such
insurance shall be non-cancelable and non-amendable except after ten (10) days written notice to
Landlord. Such policies or duly executed certificates of insurance with respect thereto shall be delivered
to Landlord, together with evidence of payment of the premium therefore, prior to the Rent
Commencement Date and renewals thereof as required shall be delivered to Landlord at least thirty (30)
days prior to the expiration of the respective policy teens. The proceeds of such insurance shall be
payable to Landlord and Tenant, jointly, for use by Tenant only, except with the consent of Landlord, for
the repair or replacement of merchandise, fixtures, Tenant's Work, or other property which was situated
within the Premises.
(e) In the event that fifty percent (50%) or more of the Rentable Area of the Shopping Center shall be
destroyed or substantially damaged by any casualty, notwithstanding that the Premises may be unaffected
by such casualty, Landlord may terminate this Lease by giving the Tenant thirty (30) days prior written
notice of Landlord's election to do so, which notice shall be given, if at all, within ninety (90) days
following the date of such occurrence. Rent shall be adjusted as of the date of such termination.
11. Damage or Theft of Personal Property. All personal property brought into the Premises shall
be at the risk of the Tenant only and Landlord shall not be liable for theft thereof or any damage thereto
occasioned by any acts of co-tenants, or other occupants of the Building, or any other person, except, with
respect to damage to the Premises, as may be occasioned by the negligent or willful act of the Landlord,
its employees and agents.
12. "As Is." The Tenant has inspected the Leased Premises and agrees that the Leased Premises is in satisfactory
condition. The Tenant accepts the Leased Premises "as is." Landlord shall deliver the space with the HVAC system in
good working condition.
13. Alterations and/or Improvements. No alterations, additions or improvements shall be made, and no
climate regulating, air conditioning, cooling, heating or sprinkler systems, television or radio antennas, heavy
equipment, apparatus and fixtures, shall be installed in or attached to the Leased Premises, without the written consent
of the Landlord. Unless otherwise provided herein, all such alterations, additions or improvements and systems, when
made, installed in or attached to the said premises, shall belong to and become the properly of the Landlord and shall be
surrendered with the Leased Pr+ernises and as part thereof upon the expiration or sooner termination of this lease,
without hindrance, molestation or injury. If Landlord gives its written consent to any such alterations, additions or
improv~rrents and systems, all work and improvements shall be performed by Tenant in accordance with applicable
local, state and federal laws, including obtaining pemuts and a certificate of occupancy for the work and improvements.
14. Inspection and Repair. The Tenant agrees that the Landlord and the Landlord's agents, employees or
other representatives, shall have the right to enter into and upon the said premises or any part thereof, at all reasonable
hours, for the pi.rrpose of examining the same or making such repairs or alterations therein as may be necessary for the
safety and preservation thereof. This clause shall not be deemed to be a covenant by the Landlord nor be construed to
create an obligation on the part of the Landlord to make such inspection or repairs.
15. Right to Exhibit The Tenant agrees to pemut the Landlord and the Landlord's agents, employees or
other representatives to show the Leased Premises to persons wishing to rent or purchase the same, and Tenant agrees
that on and after 180 days next preceding the expiration of the terra hereof; the Landlord or the Landlord's agents,
employees or other representatives shall have the right to place notices on the front of said premises or any part
thereof, offering the Leased Premises for r~errt or for sale; and the Tenant hereby agrees to pemrit the same to remain
thereon without hindrance or molestation.
16. Glass, etc. Damage, Repairs. In case of the desfrudion of or any damage to the glass in the Leased
Premises, or the destruction of or damage of any kind whatsoever to the said premises, caused by the carelessness,
negligence or improper conduct on the part of the Tenant or the Tenant's agents, employees, guests, licensees, invitees,
subtenants, assignees or successors, the Tenant shall repair the said damage or replace or restore any destroyed parts of
the Leased Premises, as speedily as possible, at the Tenant's own cost and expense.
17. Signs. The Tenant shall not place nor allow to be placed any signs of any kind whatsoever, upon, in or
about ire said premises or any part thereof except of a design and structure and in or at such places as may be indicated
and consented to by the Landlord in writing. In case the Landlord or the Landlord's agents, employees or
representatives shall deem it necessary to remove any such signs in order to paint or make any repairs, alterations or
improvements in or upon said premises or any part thereof; they may be so removed, but shall be replaced at the
Landlord's expense when the said repairs, alterations or improvements shall have been completed. Any signs
pemutted by the Landlord shall at all times conform with all municipal ordinances or other laws and regulations
applicable thereto.
18. Non-Liability of Landlord. The Landlord shall not be liable for any damages or injury which may be
sustained by the Tenant or any other person, as a consequence of the failure, breakage, leakage or obstruction of the
water, plumbing, steam, sewer, waste or soil pipes, room drains, leaders, gutters, valleys, down-spouts or the like or of
the electrical, gas, power, conveyor, refrigeration, sprinkler, air-conditioning or heating systems, elevators or hoisting
equipment; or by reason of the elements; or resulting from the carelessness, negligence or improper conduct on the part
of any other Tenant or this or any other Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or
successors; or attributable to any interference with, interruption of or failure, beyond the control of the Landlord, of
any services to be famished or supplied by the Landlord.
19. Mortgage Priority. (a) Tenant agrees that this Lease shall be subject and subordinate:
(i) to any mortgage, deed of trust or other security interest now encumbering the Shopping Center and to
all advances which may be hereafter made, to the full extent of all debts and charges secured thereby and
to all renewals or extensions of any part thereof, and to any mortgage, deed of trust or other security
interest which any owner of the Shopping Center may hereafter, at any time, elect to place on the
Shopping Center; (ii) to any assignment of Landlord's interest in the leases and rents from the Shopping
Center which includes the Lease which now exists or which any owner of the Shopping Center may
hereafter, at any time, elect to place on the Shopping Center; and (iii) to any iJniform Commercial Code
Financing Statement covering the personal property rights of Landlord or any owner of the Shopping
Center which now exists or any owner of the Shopping Center may hereafter, at any time, elect to place
on the foregoing personal property (all of the foregoing instruments set forth in (i), (ii) and (iii) above
being hereafter collectively referred to as "Security Documents"). Tenant agrees upon request of the
holder of any Security Documents ("Holder") to hereafter execute any documents which the counsel for
Landlord or Holder may reasonably deem necessary to evidence the subordination of the Lease to the
Security Documents. Within ten (l0) days after request therefore, if Tenant fails to execute any such
requested documents, Landlord or Holder is hereby empowered to execute such documents in the name of
Tenant evidencing such subordination, as the act and deed of Tenant, and this authority is hereby declared
to be coupled with an interest and not revocable.
(b) In the event of a foreclosure pursuant to any Security Documents, Tenant shall at the election of
the Landlord, thereafter remain bound pursuant to the terms of this Lease as if a new and identical Lease
between the purchaser at such foreclosure ("Purchaser"), as landlord, and Tenant, as tenant, had been
entered into for the remainder of the Term hereof and Tenant shall attorn to the Purchaser upon such
foreclosure sale and shall recognize such Purchaser as the Landlord under the Lease. Such attornment
shall be effective and self-operative without the execution of any further instrument on the part of any of
the parties hereto. Tenant agrees, however, to execute and deliver at any time and from time to time, upon
the request of Landlord or of Holder, any instrument or certificate that may be necessary or appropriate in
any such foreclosure proceeding or otherwise to evidence such attornment.
(c) If the Holder of any Security Document or the Purchaser upon the foreclosure of any of the
Security Documents shall succeed to the interest of Landlord under the Lease, such Holder or Purchaser
shall have the same remedies, by entry, action or otherwise for the non-performance of any agreement
contained in the Lease, for the recovery of Rent or for any other default or event of default hereunder that
Landlord had or would have had if any such Holder or Purchaser had not succeeded to the interest of
Landlord. Any such Holder or Purchaser which succeeds to the interest of Landlord hereunder, shall not
be: (a) liable for any act or omission of any prior Landlord (including Landlord) unless such act or
omission is of a continuing nature; or (b) subject to any offsets or defenses which Tenant might have
against any prior Landlord (including Landlord); or (c) bound by any Rent which Tenant might have paid
for more than the current month to any prior Landlord (including Landlord); or (d) bound by any
amendment or modification of the Lease made without its consent.
(d) Notwithstanding anything to the contrary set forth in this Section, the Holder of any Security
Documents shall have the right, at any time, to elect to make this Lease superior and prior to its Security
Document. No documentation, other than written notice to Tenant, shall be required to evidence that the
Lease has been made superior and prior to such Security Documents, but Tenant hereby agrees to execute
any document`s reasonably requested by Landlord or Holder to acknowledge that the Lease has been made
superior and prior to the Security Documents.
20. Security. The Tenant has this day deposited with the Landlord the sum as shown in Article 14 of the
Basic Lease Provisions as security for the payment of the rent hereunder and the full and faithful performance by the
Tenant of the a~venants and conditions on the part of the Tenant to be performed. Said sum shall be returned to the
Tenant, without interest, after the expiration of the term hereof, provided that the Tenant has fully and faithfully
performed all such covenants and conditions and is not in arrears in rent. During the team hereof the Landlord may, if
the Landlord so elects, have recourse to such security, to make good any default by the Tenant, in which event the
Tenant shall, on demand, promptly restore said security to its original amount. Liability to repay said security to the
Tenant shall run with the reversion and ttfle to said premises, whether any change in ownership thereof be by voluntary
alienation or as the result of judicial sale, foreclosure or other proceedings, or the exercise of a right of taking or entry
by any mortgagee. The Landlord shall assign or transfer said security, for the benefit of the Tenant, to any subsequent
owner or holder of the reversion or title to said premises, in which case the assignee shall become liable for the
repayment thereof as herein provided; and the assignor shall be deemed to be released by the Tenant from all liability to
return such security. This provision shall be applicable to every alienation or change in title and shall in no wise be
deemed to permit the Landlord to retain the security after termination of the Landlord's ownership of the reversion or
title. The Tenant shall not mortgage, encumber or assign said security without the written consent of the Landlord
21. Increase of Insurance Rates. If for any reason it shall be impossible to obtain fire and other hazard
insurance on the buildings and improvements on the Leased Premises, at standard rates and in the form and in
insurance companies reasonably acceptable to the Landlord, the Landlord may, if the Landlord so elects at any time
thereafter, tenninate this lease and the term hereof, upon giving to the Tenant fifteen days notice in writing of the
Landlord's intention so to do, and upon the giving of such notice, this lease and the term thereof shall temunate. Lf by
any reason of the use to which the Leased Premises are put by the Tenant or character of or the manner in which
the Tenant's business is carried on, the insurance rates for fire and other hazards shall be increased, the Tenant shall
upon demand, pay to the landlord, as rent, the amounts by which the premiums for such insurance are increased.
Such payment shall be paid with the next installment of rent but in no case later than one month after such demand,
whichever occurs sooner. Notwithstanding the above, if Tenant operates in accordance with the operations of a typical
restaurant, an increase in insurance rates due to the sole fact that the Tenant is a restaurant shall not be considered an
increase which Tenant is responsible for.
22.. Utilities. The Tenant shall pay when due all the rents or charges for water, sewer, gas and electricity used by
the Tenant, which are or may be assessed or imposed upon the Leased Premises or which are or may be charged to the
Landlord by the suppliers thereof during the term hereof, and if not paid, such rents or charges shall be added to
and become payable as additional rent with the installment of rent next due or within 30 days of demand therefor,
whichever occurs sooner. Tenant shall contract Directly with the electrical and gas supplier for these utililities.
Tenant shall arrange and pay for all utilities and services required in the Leased Premises,
including but not limited to, (a) electric, (b) heat, (c) gas, (d) water and (e) sewer services. Landlord shall
not be responsible for interruption or impairment of service or utility.
23. Condemnation & Eminent Domain. If the land and premises leased herein, or of which the Leased
Premises are a part, or any portion thereon shall be taken under eminent domain or condemnation proceedings, or if
suit or other action shall be instituted for the taking or condemnation thenaoi; or if in lieu of arty formal condemnation
proceedings or actions, the Landlord shall grant an option to purchase and or shall sell and convey the said premises or
any portion thereof to the governmental or other public authority, agency, body or public utility, seeking to take said
land and Leased. Premises or any portion thereof, then this lease, at the option of the Landlord, shall terminate, and the
term hereof shall end as of such date as the Landlord shall fix by notice in writing; and the Tenant shall have no claim
or right to claim or be entitled to any portion of any amount which may be awarded as damages or paid as the result of
such condemnation proceedings or paid as the purchase price for such option, sale or conveyance in lieu of formal
condemnation proceedings; and all rights of the Tenant to damages, if any, are hereby assigned to the Landlord. The
Tenant agrees to execute and deliver any instnurments, at the expense of the Landlord, as may be deemed necessary or
required to expedite any condemnation proceedings or to effectuate a proper transfer of tide to such governmental or
other public authority, agency, body or public utility seeking to take or acquire the said lands and Leased Premises or
any portion thereof. The Tenant covenants and agrees to vacate the said premises, remove all the Tenant's personal
property therefrom and deliver up peaceable possession thereof to the Landlord or to such other party designated by the
Landlord in the aforementioned notice. Failure by the Tenant to comply with any provisions in this clause shall subject
the Tenant to such costs, expenses, damages and losses as the Landlord may incur by reason of the Tenant's breach
hereof. Provided, however that Landlord's Right to Temlirmate shall only arise in the event of a taking that materially
impairs the ability to operate Tenant's restaurant at the Leased Premises, or materially impairs the ability to operate the
shopping center as a whole.
24. Abandonment of Premises_ Tenant agrees not to abandon or vacate the Premises during the
Term of this Lease. If Tenant does abandon or vacate the Premises for more than ninety (90) days,
Landlord may terminate this Lease, by written notice to Tenant at any time prior to Tenant reoccupying
the Premises, but such termination shall not entitle Landlord to pursue any other remedies unless an
uncured Default then exists, in which case Landlord may pursue any and all remedies provided by this
Lease, at law or in equity.
25. Default. If Tenant shall default in the payment of Rent, Additional Rent, Percentage Rent or any
Sum due; herein reserved when due and fails to cure such default within ten (10) days after written notice
of such default is given to Tenant by Landlord; or if Tenant shall be in default in performing any of the
terms or provisions of this Lease other than the provisions requiring the payment of Rent, and fails to cure
such non-monetary default within thirty (30) days after written notice of such default is given to Tenant
by Landlord, provided however that if such non-monetary default is of such a nature that it cannot
through the exercise of diligent and reasonable efforts be cured within thirty (30) days, then Tenant shall
not be in default in such instance if Tenant promptly commences and diligently pursues the cure of such
non-monetary default to completion as soon as possible and in all events within ninety (90) days after
such initial notice; or if Tenant is adjudicated a bankrupt; or if a permanent receiver is appointed for
Tenant's property and such receiver is not removed within sixty (60) days after appointment thereof; or if,
whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief proceedings under any
present or future laws, whereby the Rent or any part thereof, is, or is proposed to be, reduced or payment
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thereof deferred; or if Tenant's effects should be levied upon or attached and such levy or attachment is
not satisfied or dissolved within thirty (30) days after such levy or attachment; or, if Tenant is an
individual, in the event of the death of the individual and the failure of the executor, administrator or
personal representative of the estate of the deceased individual to have assigned the Lease within three (3)
months after such death to an assignee approved by Landlord; then, and in any of such events, Landlord,
at its option, may exercise any or all of the remedies set forth in this Lease.
26. Remedies Upon Tenant's Default If there should occur any default on the part of the Tenant in the
performance of any conditions and covenants herein contained, or if during the term hereof the Leased Premises or any
part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary
proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or as may be pemmitted by
law, may either by force or otherwise, without being liable for prosecution therefor, or for damages, re-enter the said
premises and the same have and again possess and enjoy; and as agent for the Tenant or otherwise, re-let the Leased
Premises and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorney
fees and costs, as the Landlord may have been put to in re-entering and repossessing the same and in making such
repairs and alterations as may be necessary; and second to the payment of the rents due hereunder. The Tenant shall
remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the
Landlor>j, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the
Landlord during the remainder of the unexpired term hereof; after deducting the aforementioned expenses, fees and
costs; the same to be paid as such deficiencies arise and are ascertained each month.
27. Termination on Default Upon the occurrence of any of the contingencies set forth in the preceding clause,
or should the Tenant be adjudicated as bankrupt, insolvent or placed in receivership, or should proceedings be
instituted by or against the Tenant for bankruptcy, insolvency, receivership, agreement or composition or assignment
for the benefit of creditors, or if this lease or the estate of the Tenant hereunder shall pass to another by virtue of any
court proceedings, writ of execution, levy, sale, or by opeaation of law, the Landlord may, if the Landlord so elects, at any
time thereafter, terminate this lease and the term hereof, upon giving to the Tenant or to any trustee, receiver, assignee.
or other person in charge of or acting as custodian of the assets or property of the Tenant, five days notice in
writing, of the Landlord's intention so to do. Upon the giving of such notice, this lease and the term hereof shall end
on the date fixed in such notice as if the said date was the date originally fixed in this lease for the expiration hereof, and
the Landlord shall have the right to remove all persons, goods, fixtures and chattels therefrom, by force or otherwise,
without liability for damages.
28. Removal of Tenant's Property. Any equipment, fixtures, goods or other property of the Tenant, not
removed by the Tenant upon the termination of this lease, or upon any quitting, vacating or abandonment of the Leased
Premises by the Tenant, or upon the Tenant's eviction, shall be considered as abandoned and the Landlord shall have
the right, without any notice to the Tenant, to sell or otherwise dispose of the same, at the expense of the Tenant, and
shall not be accorumtable to the Tenant for any part ofthe proceeds of such sale, if any.
29. Reimbursement of Landlord. If the Tenant shall fail or refuse to comply with and perform any
conditions and covenants of the within lease, the Landlord may, if the Landlord so elects, carry out and per; omm such
conditions and covenants, at the cost and expense of the Tenant, and the said cost and expense shall be payable on
demand, or at the option of the Landlord shall be added to the installment of rent due immediately thereafter but in no
case later than one month after such demand, whichever occurs sooner, and shall be due and payable as such. This
remedy shall be in addition to such other remedies as the Landlord may have hereunder by reason of the breach by the
Tenant of any of the covenants and conditions in this lease contained.
30. Non-Performance by Landlord. This lease and the obligation of the Tenant to pay the rent hereunder and to
comply with the covenants and conditions hereof, shall not be affected, curtailed, impaired or excused because of the
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Landlon'i's inability to supply any service or material called for herein, by reason of any rule, order, regulation or
preemption by any governmental entity, authority, department, agency or subdivision or for any delay which may arise
by reason of negotiations for the adjustment of any fire or other casualty loss or because of strikes or other labor trouble
or for any cause. beyond the control of the Landlord.
31. Validity of Lease.The terns, conditions, covenants and provisions ofthis lease shall be deemed to be severable.
If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent
jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision herein,
but such other clauses or provision shall remain in full force and effect
32. Non-Waiver by Landlord. The various rights, remedies, options and elections of the Landlord,
expressed herein, are cumulative, and the failure of the Landlord to enforce strict perfom~ance by the Tenant of the
conditions and covenants of this lease or to exercise any election or option or to resort or have recourse to any remedy
herein conferred or the acceptance by the Landlord of any installment of rent after any breach by the Tenant, in any one
or more instances, shall not be construed or deemed to be a waiver or a relinquishment for the future by the Landlord of
any such conditions and covenants, options, elections or remedies, but he same shall continue in full force and effect.
33. Notices. All notices required under the temLS of this lease shall be given and shall be complete by mailing
such notices by certified or registered mail, return receipt requested, to the address of the parties as shown at the head
of this lease, or to such other address as may be designated in writing, which notice of change of address shall be given
in the same manner.
34. Title and Quiet Enjoyment. The Landlord covenants and represents that the Landlord is the owner of
the Leased Premises herein leased and has the right and authority to enter into, execute and deliver this lease; and does
further covenant that the Tenant on paying the rent and perfornvng the conditions and covenants herein contained, shall
and may peaceably and quietly have, hold and enjoy the Leased Premises for the term aforementioned. Landlord
shall not be responsible for the acts or omissions of any other tenant or third party that may interfere with
Tenant's use and enjoyment of the Premises, so long as such other tenant or third party is not acting under
authority of Landlord.
35. Force Majeure. In the event of a strike, lockout, labor trouble, civil commotion, an act of God,
or any other e:vent beyond Landlord's control (a "force majeure event") which results in the Landlord
being unable to timely perform its obligations hereunder to repair the Premises, provide services, or
complete Work (as provided in Exhibit "B"), so long as Landlord diligently proceeds to perform such
obligations after the end of such force majeure event, Landlord shall not be in breach hereunder, this
Lease shall not terminate, and Tenant's obligation to pay any Minimum Rent, additional rent, or any other
charges and sums due and payable shall not be excused.
36. Entire Contrac~t.This lease contains the entire contract between the parties. No representative, agent or
employee of the Landlord has been authorized to make any representations or promises with reference to the within
letting or to vary, alter or modify the temps hereof. No additions, changes or modifications, renewals or extensions
hereof, shall be binding unless reduced to writing and signed by the Landlord and the Tenant
37. Conformity with Lava and Regulations. The Landlord may pursue the relief or remedy sought in any
invalid clause, by confomung the said clause with the provisions of the statutes or the regulations of any governmental
agency in such case made and provided as if the particular provisions of the applicable statutes or regulations were set
forth herein at length.
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38. Number and Gender. In all references herein to any parties, persons, entities or corporations the
use of any particular gender or the plural or singular number is intended to include the appropriate gender or number
as the text of the within instrument may require. All the terms, covenants and conditions herein contained shall be for
and shall inure to the benefit of and shall bind the respective parties hereto, and their heirs, executors, administrators,
personal or legal representatives, successors and assigns.
39. Brokers. Tenant warrants that it has had no dealings with any real estate broker or agents
other than The Pintzuk Brown Realty Group and Bennett Williams in connection with the negotiation of
this Lease, and it knows of no real estate broker or agent who is entitled to a commission in connection
with this Lease. Tenant shall indemnify and defend Landlord against any costs, claims and expenses,
including reasonable attorneys' fees, arising out of Tenant's breach of any representation or agreement
contained in this paragraph.
40. Additional Rent. Intentionally Deleted
41. Insurance. (a) Tenant shall keep in force throughout the Term: (a) a Commercial General
Liability insurance policy or policies to protect Landlord against any liability to the public or to any
invitee of Tenant incidental to the use of or resulting from any accident occurring in or upon the Leased
Premises with a limit of not less than $1,000,000.00 per occurrence and not less than $2,000,000.00 in the
annual aggregate, or such larger amount as Landlord may prudently require from time to time, covering
bodily injury and property damage liability and $1,000,000.00 products/completed operations aggregate;
(b) Business Auto Liability covering owned, non-owned and hired vehicles with a limit of not less than
$1,000,000.00 per accident; (c) insurance protecting against liability under Worker's Compensation Laws
with limits at least as required by statute; (d) Employers Liability with limits of $500,000.00 each
accident, $500,000.00 disease policy limit, $500,000.00 disease -each employee; (e) All Risk or Special
Form coverage protecting Tenant against loss of or damage to Tenant's alterations, additions,
improvements, carpeting, floor coverings, panelings, decorations, fixtures, inventory and other business
personal property situated in or about the Leased Premises to the full replacement value of the property so
insured; and, (f) Business Interruption Insurance with limit of liability representing loss of at least
approximately six months of income.
(b) Each of the aforesaid policies shall (i) be provided at Tenant's expense; (ii) name the Landlord
and Landlord's mortgagee as additional insureds; (iii) be issued by an insurance company with a
minimum Best's rating of "A+"; (iv) be with companies authorized to do business in the state where the
property is located and (v) provide that said insurance shall not be cancelled unless thirty (30) days prior
written notice (ten days for non-payment of premium) shall have been given to Landlord, and said policy
or policies or certificates thereof, together with proof of payment, shall be delivered to Landlord by
Tenant not less than fifteen (15) days prior to the commencement of the term hereof or the date when
Tenant shall enter into possession, whichever is sooner and at least thirty (30) days prior to each renewal
of said insurance.
(c) So long as their respective insurers so permit, Tenant and Landlord hereby mutually waive their
respective rights of recovery against each other for any loss insured by fire, extended coverage, All Risks
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or other insurance now or hereafter existing for the benefit of the respective party but only to the extent of
the net insurance proceeds payable under such policies. Each party shall obtain any special endorsements
required by their insurer to evidence compliance with the aforementioned waiver.
42. Indemnification. Landlord shall not be liable and Tenant hereby waives all claims against
Landlord for any damage to any property or any injury to any person in or about the Leased Premises or
the Shopping Center by or from any cause whatsoever, except to the extent caused by or arising from the
negligence or willful misconduct of Landlord or its agents, employees or contractors. Tenant shall protect,
indemnify and hold the Landlord entities harmless from and against any and all loss, claims, liability or
costs (including court costs and attorney's fees) incurred by reason of (a) any damage to any property or
any injury to any person occurring in, on or about the Leased Premises or the Shopping Center to the
extent that such injury or damage shall be caused by or arise from any actual or alleged act, neglect, fault,
or omission b:y or of Tenant, its agents, servants, employees, invitees, or visitors to meet any standards
imposed by any duty with respect to the injury or damage; (b) the conduct or management of any work or
thing whatsoever done by the Tenant in or about the Leased Premises or from transactions of the Tenant
concerning the Leased Premises; (c) Tenant's failure to comply with any and all governmental laws,
ordinances anti regulations applicable to the condition or use of the Leased Premises or its occupancy; (d)
any breach or default on the part of Tenant in the performance of any covenant or agreement on the part
of the Tenant to be performed pursuant to this Lease, or (e) or for any cause or reason whatsoever arising
out of or by reason of the occupancy or business of Tenant. The provisions of this Article shall survive
the termination of this Lease with respect to any claim or liability accruing prior to such termination.
43. Construction and Acceptance of Premises. (a) Landlord agrees that Landlord will complete
Landlord's Work as defined in Exhibit "B", with such minor variations as Landlord may deem advisable.
Tenant acknowledges that neither Landlord nor any of Landlord's agents, employees, representatives,
legal representatives or brokers has made any representations or warranties whatsoever as to the
suitability of the Premises for the conduct of Tenant's business or for any other purpose, and that neither
Landlord nor any of Landlord's agents, employees, representatives, legal representatives or brokers agreed
to undertake or cause to be undertaken any alterations or to construct any improvements to the Premises
or the Shopping Center except as expressly provided in this Lease. Tenant shall have no right to enter or
occupy the Premises until the Possession Turnover Date identified on Exhibit B attached hereto. If
Landlord shall for any reason fail to complete that part of Landlord's Work which is required in the
Premises prior to Landlord's Work Scheduled Completion Date, Landlord shall not be deemed to be in
default hereunder or otherwise liable in damages to Tenant nor shall the Terra or any provision of this
Lease be affected..
(b) Tenant agrees to submit to Landlord on or before the Plan Delivery Date identified on
Exhibit B attached hereto plans and specifications in such detail as Landlord may reasonably request
covering Tenant's Work as specified in Exhibit "B", and any other work which Tenant proposes to do in
the Premises. Such plans and specifications shall comply with all requirements set forth in Exhibit "B".
Tenant shall not commence any work in the Premises until Landlord has approved the plans and
specifications therefor in writing, which approval shall not be unreasonably withheld or delayed.
(c) Upon the Date for Delivery of Possession, Tenant agrees to accept possession thereof and
to proceed with due diligence to perform the work described in such plans and specifications which have
been approved by Landlord, and to install its fixtures, furniture, and equipment in the Premises. Any work
Tenant does in the Premises causing venting, opening, sealing, waterproofing or any altering of the roof
14
shall be performed by Landlord's roofing contractor at Tenant's expense. By occupying the Premises,
Tenant shall be deemed to have acknowledged that the Landlord has complied with all of its covenants
and obligations with respect to the construction of the Premises, except for defects in Landlord's Work
which are latent at the time the Premises are occupied, which shall in any event be deemed waived by
Tenant upon the expiration of one (1) year after the date the Premises are occupied by Tenant. In the
event of any dispute concerning work performed or required to be performed in the Premises by Landlord
or Tenant, the matter in dispute shall be submitted to Landlord's architect for determination and his
certificate with respect thereto shall be binding on Landlord and Tenant.
(d) Unless delayed in accordance with the provisions of Section 3(a) above, Tenant agrees to
open the Premises to the public for business fully fixtured, stocked and staffed for the Permitted Use
described in Article 15 of the Basic Lease Provisions no later than thirty (30) days after the Date for
Delivery of Possession
44. Mechanic's Liens. If any mechanic's, construction or other liens shall be created or filed
against the Leased Premises by reason of labor performed or materials furnished for Tenant in the
erection, construction, completion, alteration, repair or addition to any building or improvement, Tenant
shall upon demand, at Tenant's own cost and expense, cause such lien or liens to be satisfied and
discharged of record together with any lien claims that may have been filed. Failure to do so shall entitle
Landlord to resort to such remedies as are provided herein in the case of any default of this Lease, in
addition to such as are permitted by law.
45. Remedies. In case of any default, re-entry, expiration and/or dispossess by summary
proceedings or otherwise, (a) all rent and additional rent shall be accelerated and shall become due
thereupon and be paid up to the time of such re-entry, dispossess and/or expiration; (b) Landlord may re-
let the Leased Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a
term or terms, which may at Landlord's option be less than or exceed the period which would otherwise
have constituted the balance of the term of this Lease and may grant concessions or free rent or charge a
higher rental than that in this Lease; and/or (c) Tenant or the legal representatives of Tenant shall also pay
Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant's covenants
herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the
net amount, if any, of the rents collected on account of the subsequent lease or leases of the Leased
Premises for each month of the period which would otherwise have constituted the balance of the term of
this Lease. The failure of Landlord to re-let the Leased Premises or any part or parts thereof shall not
release or affect Tenant's liability for damages. In computing such liquidated damages there shall be
added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as
legal expenses, reasonable attorneys' fees, brokerage, advertising and for keeping the Leased Premises in
good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly
installments by Tenant on the rent day specified in this Lease. Landlord, in putting the Leased Premises
in good order or preparing the same for re-rental may, at Landlord's option, make such alterations,
repairs, replacements, and/or decorations in the Leased Premises as Landlord, in Landlord's sole
judgment, considers advisable and necessary for the purpose of re-letting the Leased Premises, and the
making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to
release Tenant from liability. Landlord shall in no event be liable in any way whatsoever for failure to re-
let the Leased Premises, or in the event that the Leased Premises are re-let, for failure to collect the rent
thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such
net rent collected over the sums payable by Tenant to Landlord hereunder.
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46. Delay in Giving Possession. This Section applies if Landlord cannot give possession
of the Leased Premises on the beginning date because of the retention of possession by any occupant
thereof, or for any other reason except as herein provided. Landlord shall then have 30 days in which to
give possession. If possession is given within that time, Tenant shall accept possession and pay rent and
additional rent from that date. The ending date of the term, and the Lease Year, shall not change. If
possession is not given within that time, this Lease may be cancelled by either party on notice to the
other.
47. Attorney Fees. In the event that Landlord must retain an attorney to collect rent, enforce any
provision of this Lease, defend any action brought by or on behalf of Tenant, or regain possession of the
Leased Premises, Tenant shall be liable to Landlord for all reasonable costs and attorney fees associated
therewith. In the event of any action, suit or proceeding brought by Landlord or Tenant to enforce any of
the covenants and agreements in this Lease, the Landlord or Tenant as the case may be shall be entitled to
recover from the non-prevailing party in the action any costs, expenses and reasonable attorneys' fees
incurred in connection with such action, suit or proceeding.
48. Waiver. Landlord's failure to enforce any provision in this Lease shall not prevent
Landlord from enforcing any provision at a later time.
49. Rules and Regulations. Tenant shall comply with, and cause its employees, agents and invitees
to comply with, all reasonable rules and regulations adopted by Landlord in connection with the use of the
Leased Premises and the common areas of the property.
50. Hours of Operation/Tenant Retail Operating Covenants: (a) Tenant shall not, nor shall
Tenant at any time permit any occupant of the Premises to: (i) conduct or permit any fire, bankruptcy or
auction sale (whether real or fictitious) unless directed by order of a court of bankruptcy or of competent
jurisdiction, or~ conduct or permit any fictitious "Going Out of Business" sale; (ii) use, or permit to be
used, the malls or sidewalks adjacent to such Premises, or any other area outside the Premises for the sale
or display of any merchandise or for any other business, occupation or undertaking, or for outdoor public
meetings, circus or other entertainment (except for promotional activities in cooperation with the
management of the Shopping Center or an association of merchants within the Shopping Center); (iii) use
or permit to be. used, any sound broadcasting or amplifying device which can be heard outside of the
Premises; (iv) use or permit to be used any portion of the Premises for any unlawful purpose or use or
permit the use of any portion of the Premises as regular living quarters, sleeping apartments or lodging
rooms or for the conduct of any manufacturing business; (v) use the Premises for or conduct therein
activities, the purpose for which is not included within the purpose for which the Premises may be used
according to Article 15 of the Basic Provisions of this Lease; or (vi) use, operate or maintain the Premises
in such manner that any of the rates for any insurance carried by Landlord, or the occupant of any
premises within the Shopping Center, shall thereby be increased, unless Tenant shall pay to Landlord or
such occupant within the Shopping Center, as the case may be, an amount equal to any such increase in
rates, such payment to be made promptly on demand as each premium which shall include such increase
shall become due and payable.
(b) Tenant: (i) will not represent or advertise that it regularly or customarily sells
merchandise at "manufacturers", "distributor's", or "wholesale", "warehouse'", "fire sale", "bankruptcy
sale", or similar prices or other than at retail prices; (ii) will keep all mechanical apparatus free of
16
vibration or noise which may be transmitted beyond the confines of the Premises; (iii) will not cause or
permit more than typical restaurant odors to emanate from the Premises; (iv) will not load or unload or
permit the loading or unloading of merchandise, supplies or other property except within the area
designated by Landlord from time to time; and (v) will not permit the parking or standing, outside of such
designated area, of trucks, trailers or other vehicles or equipment engaged in such loading or unloading.
(c) "Tenant: (i) will keep clean the inside and outside of all glass in the doors and windows of
the Premises; (ii) will replace promptly at its own expense with glass of like kind and quality any plate or
window glass; (iii) will replace doors or door hazdwaze of the Premises which may for any reason become
cracked or broken; (iv) will maintain the Premises in a clean, orderly and sanitary condition and free of
insects, rodents, vermin, and other pests; (v) will not permit undue accumulation of garbage, trash,
rubbish or other refuse in the Premises; and (vi) will keep such refuse in proper containers inside the
Premises until such time as same is called for to be removed. Tenant will maintain plate glass insurance
reasonably satisfactory to Landlord if any plate glass is contained in the store front of the Premises.
(d) 'Tenant shall keep the Premises open for business with the public during all hours when
the Shopping Center generally is open for business with the public. Unless the hours during which
Shopping Center shall be open for business with the public shall have been otherwise determined by a
merchant's association, if in operation, or Landlord if not, Tenant shall keep the Premises open for
business with the public on each business day at least during the hours indicated below or such extensions
of the minimum as shall be determined by vote of a merchant's association if in operation, or Landlord, if
not. Notwithstanding anything to the contrary in this subsection or any determination by a merchants
association, Tenant need not open prior to 5:00 PM and may operate as early or late as permitted by law
and desired by Tenant. Tenant may operate on Sunday during it's chosen hours.
STORE HOURS
Open Close
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
_ 9
_ 9
_ 9
9
9
Notwithstanding the provisions of this Section, no Tenant shall be required to keep its Premises
open for business at any time prohibited by applicable law, ordinance or governmental regulations, and
Tenant shall be permitted to close the Premises during reasonable periods for repairing, cleaning or
decorating the Premises, with written permission from Landlord.
(e) [n the event that at any time during the Term, or any extension or renewal thereof, Tenant
should vacate, abandon, or desert the Premises or cease operating the store therein fully fixtured, stocked
and staffed for the Permitted Use, then, in any such event, Tenant shall be in default hereunder and
Landlord shall have, in addition to all rights and remedies provided under this Lease regarding default, the
right to collect: not only the Minimum Rent and other rent otherwise provided for herein, but also
17
additional rental at the rate of twice the per diem amount of Minimum Rent otherwise payable hereunder
for each and every day that Tenant shall fail to do business within the Premises in accordance with the
terms of this Lease; provided, however, that such additional rental shall not accrue during any period
when the Premises are rendered untenantable by reason of fire, casualty, or cause beyond Tenant's control
and not resulting from the intentional or negligent acts or omissions of Tenant, its assignees, sublessees,
servants, agents, employees, invitees, licensees, or concessionaires, or the servants, agents, employees,
invitees, licensees, or concessionaires of Tenant's assignees or sublessees, and the failure to operate
Tenant's store during such period shall not be deemed a default hereunder. Said additional rent is intended
to contribute to the expense of monitoring the occupancy of the Premises and shall not be deemed a
penalty or liquidated damages.
51. Nondisclosure of Lease Terms. Tenant acknowledges and agrees to maintain the
confidentiality of the essential business terms of this Lease, and in particular, the financial terms. In no
event will Tenant disclose such terms to other tenants or prospective tenants of the center.
52. Waiver of Jury Trial. Landlord and Tenant hereby mutually waive trial by jury in any
proceeding concerning this Lease or arising therefrom.
53. Full F,xecution. This Lease shall not be binding on either party until it is executed by all parties
and delivered to all parties.
54. Parking. Tenants employees or guests may make use of the parking available for the Shopping
Center.
55. Tenant Estoppel Certificate. Tenant agrees to at any time and from time to time, within ten (10)
days after Lar-dlord's written request, execute, acknowledge and deliver to Landlord a written instrument
certifying the Commencement Date, that Tenant has accepted possession of the Leased Premises and is
open for business, that this Lease is unmodified and in full force and effect (or if there have been
modifications, that it is in full force and effect as modified and stating the modifications), the dates to
which Base Kent, Additional Rent and other charges have been paid in advance, if any, and stating
whether or not to the best knowledge of the signer of such certificate, Landlord is in default in the
performance of any covenant, agreement or condition contained in this Lease and, if so, specifying in
detail each such default of which the signer may or should have knowledge; and certifying such other
matters as may be reasonably requested by Landlord.
56. Right to Relocate. As a material inducement for Landlord to enter into this Lease with Tenant,
Landlord shall, throughout the Term of this Lease and any renewals thereof, have the right at Landlord's
expense to relocate Tenant to other premises (the "New Premises") within the property, which premises
shall be materially similar to the Leased Premises including typical restaurant facilities. In the event
Landlord elects to exercise the right of relocation, Landlord shall deliver written notice ("Landlord's
Notice") to Tenant identifying the location of the New Premises and the date on which the Tenant shall be
moved to the New Premises, which date shall not be less than 30 days from Tenant's receipt of
Landlord's Notice. The square footage and frontage of the New Premises shall not be more than fifteen
percent (15%) larger but in no event smaller than the Leased Premises. In the event that the New
Premises do not consist of the identical number of square feet as the Leased Premises, the parties shall
execute an instrument specifying the new number of square feet in the New Premises, and the new
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number of square feet shall be deemed effective as of the date on which the New Premises is delivered to
Tenant. All rent shall be adjusted accordingly.
57. Cleaning Premises. Upon vacating the Premises, Tenant agrees to return the Premises to
Landlord broom clean and in the same condition when Tenant's possession commenced, natural wear and
tear excepted, regardless of whether any Security Deposit has been forfeited.
58. Removal of Fixtures. If Tenant is not in default hereunder, Tenant may, prior to the expiration
of the Term of this Lease, or any extension thereof, remove any fixtures and equipment which Tenant has
placed in the Premises which can be removed without significant damage to the Premises, provided
Tenant promptly repairs all damages to the Premises caused by such removal. However, if Tenant shall
be found in Monetary default of this Lease more than two times during the Term herein, the Fixtures
present at the time of the execution of this Lease shall be deemed to be the property of Landlord.
59. Holding Over. If Tenant shall be in possession of the Leased Premises after the termination date
of the Lease, and in the absence of any agreement extending the Term hereof or Landlord's demand to
Tenant to sooner vacate the Leased Premises, the tenancy under this Lease shall become one from month
to month terminable by either party on thirty (30) days prior written notice, at a monthly rental equal to
one and one-half times the sum of (i) the monthly installment of Base Rent payable during the last month
of the Term and (ii) the monthly installment of Additional Rent payable during the last month of the
Term. Tenant shall also pay all other charges payable under the terms of the Lease, prorated for the
period during which Tenant remains in possession. Such tenancy shall also be subject to all other
conditions, provisions, and obligations of this Lease. Tenant shall not interpose any counterclaim or
counterclaims in a summary proceeding or other action based on holdover. The provisions of this Section
shall be in addition to any liability Tenant may have to Landlord in respect of its holdover.
60. Demolition. As a material inducement for Landlord to enter into this Lease with Tenant and to
afford Landlord the opportunity to redevelop the Shopping Center in order to maximize its economic
potential throughout the Term of this Lease, should Landlord decide to demolish no less than fifty (50)
percent of the total gross square footage of all buildings in the Shopping Center, exclusive of space
occupied by Anchor Tenants (which term for the purposes if this Paragraph shall mean any tenant(s) in
the Shopping Center leasing 15,000 or greater gross square feet), Landlord shall have the absolute right to
terminate this Lease upon the giving of six (6) months prior written notice ("Demolition Notice") to
Tenant. Should Landlord give the Demolition Notice, the Term of this Lease shall expire and terminate
on the date set forth in said Notice as if said date were the expiration date of the Term of this Lease
originally provided for in this Lease.
61. Liability Of Landlord If Landlord is found to have failed to perform any covenant, term or
condition of this Lease, and if Tenant shall recover a money judgment against Landlord for such failure,
the judgment shall be satisfied only out of the proceeds of sale received upon execution of the judgment
and levy against the right, title and interest of Landlord in the Shopping Center as the same may then be
encumbered, and neither Landlord nor any of its partners shall be liable for any deficiency unless
otherwise determined by a Court Proceeding. It is understood that in no event shall Tenant have the right
to levy execution against any property of Landlord other than its interest in the Shopping Center. The
right of execution shall be subordinate and subject to any mortgage or other encumbrance upon the
Shopping Center. No trustee, shareholder, officer, member, director, employee, parent or subsidiary
company, Landlord affiliate or partner of Landlord shall in any event or at any time be personally liable
19
for the payment of performance of any obligation required or permitted of Landlord under this Lease or
under any document executed in connection herewith. No attachment, execution, writ or other process
shall be sought or obtained, and no judicial proceeding shall be initiated by or on behalf of Tenant, against
Landlord personally or Landlord's assets (other than Landlord's interest in the Shopping Center) as a
result of any such failure, breach or default under this Lease, and neither they, nor Landlord nor any
Landlord affiliate, shall be liable for any deficiency.
62. Hazardous Materials/Indemnification. (a) Tenant shall not cause or permit the receipt,
storage, use, location or handling in the Shopping Center (including the Premises) of any product,
material or merchandise which is explosive, highly inflammable, or a "hazardous or toxic material," as
that term is hereafter defined. "Hazardous or toxic material" shall include all materials or substances
which have been determined to be hazardous to health or the environment and are regulated or subject to
all applicable laws, rules and regulations from time to time, including, without limitation hazardous waste
(as defined ire the Resource Conservation and Recovery Act); hazardous substances (as defined in the
Comprehensive Emergency Response, Compensation and Liability Act, as amended by the Superfund
Amendments and Reauthorization Act); gasoline or any other petroleum product or by-product or other
hydrocarbon derivative; toxic substances, (as defined by the Toxic Substances Control Act); insecticides,
fungicides or rodenticide, (as defined in the Federal Insecticide, Fungicide, and Rodenticide Act);
asbestos and radon and substances determined to be hazardous under the Occupational Safety and Health
Act or regulations promulgated thereunder. Notwithstanding the foregoing, Tenant shall not be in breach
of this provision as a result of the presence in the Premises of minor amounts of hazardous or toxic
materials which are in compliance with all applicable laws, ordinances and regulations and are
customarily present in a general retail use (e.g., computer chemicals, gas used for cooking, and janitorial
supplies).
(b) Without limiting in any way Tenant's obligations under any other provision of this Lease, Tenant
and its successors and assigns shall indemnify, protect, defend (with counsel approved by Landlord) and
hold Landlord, its partners, officers, directors, shareholders, employees, agents, lenders, contractors and
each of their respective successors and assigns (the "Indemnified Parties") harmless from any and all
claims, damages, liabilities, losses, costs and expenses of any nature whatsoever, known or unknown,
contingent or otherwise (including, without limitation, attorneys' fees, litigation, arbitration and
administrative proceedings costs, expert and consultant fees and laboratory costs, as well as damages
arising out of the diminution in the value of the Premises or any portion thereof, damages for the loss of
the Premises, damages arising from any adverse impact on the marketing of space in the Premises and
sums paid in settlement of claims), which arise during or after the Term in whole or in part as a result of
the presence or suspected presence of any hazardous or toxic materials, in, on, under, from or about the
Premises due to Tenant's acts or omissions, on or about the Premises, unless such claims, damages,
liabilities, losses, costs and expenses arise out of or are caused by the negligence or willful misconduct of
any of the Indemnified Parties. Landlord and its successors and assigns shall indemnify and hold Tenant
and its successors and assigns harmless against all such claims or damages if arising out of or caused by
the negligence or willful misconduct of Landlord, its agents or employees. The indemnities contained
herein shall survive the expiration or earlier termination of this Lease.
20
63. Authority. If Tenant executes this Lease as a corporation, limited partnership, limited liability
company or any other type of entity, each of the persons executing this Lease on behalf of Tenant does
hereby personally represent and warrant that Tenant is a duly organized and validly existing corporation,
limited partnership, limited liability company or other type of entity, that Tenant is qualified to do
business in the state where the Building is located, that Tenant has full right, power and authority to enter
into this Lease, and that each person signing on behalf of Tenant is authorized to do so. In the event any
such representation and warranty is false, all persons who execute this Lease shall be individually, jointly
and severally„ liable as Tenant. Upon Landlord's request, Tenant shall provide Landlord with evidence
reasonably satisfactory to Landlord confirming the foregoing representations and warranties.
64. Miscellaneous. No agreement to accept a surrender of the Leased Premises shall be valid unless
in writing signed by Landlord. The delivery of keys to any employee of Landlord or of Landlord's agents
shall not operate as a termination of this Lease or a surrender of the Leased Premises. The failure of
Landlord to seek redress for violation of, or to insist upon the strict performance of, any covenant or
condition of this Lease, or of any rule or regulation, shall not prevent a subsequent act, which would have
originally constituted a violation, from having all the force and effect of an original violation. The receipt
by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed a
waiver of such breach. No provision of this Lease shall be deemed to have been waived by Landlord,
unless such waiver be in writing and signed by Landlord. No payment by Tenant or receipt by Landlord
of a lesser amount than the rent herein stipulated shall be deemed to be other than on account of the
earliest stipulated rent, nor shall any endorsement or statement on any check nor any letter accompanying
any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check
or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other
remedy provided in this Lease. This Lease contains the entire agreement between the parties, and any
agreement hereafter made shall be ineffective to change, modify or discharge it in whole or in part, unless
such agreement is in writing and signed by the party against whom enforcement of the change,
modification or discharge is sought.
65. Governing Law The laws of the State in which the Leased Premises is located shall
govern the interpretation, validity, performance and enforcement of this Lease. If any provision of this
Lease should be held to be invalid or unenforceable, the validity and enforceability of the remaining
provisions of this Lease shall not be affected hereby.
66. Sale. In the event the original Landlord hereunder, or any successor owner of the Shopping
Center, shall sell or convey the Shopping Center, all liabilities and obligations on the part of the original
Landlord, or such successor owner, under this Lease accruing thereafter shall terminate, and thereupon all
such liabilities and obligations shall be binding upon the new owner. Tenant agrees to attorn to such new
owner.
67. Limitation of Liability_ Landlord's obligations and liability with respect to this Lease shall be
limited solely to Landlord's interest in the Shopping Center, as such interest is constituted from time to
time, and neither Landlord nor any partner of Landlord, or any officer, director, shareholder, or partner or
member of any partner or member of Landlord, shall have any individual or personal liability whatsoever
with respect to this Lease.
68. CONFESSION OF JUDGMENT (A) ANY PROTHONOTARY OR ATTORNEY OF ANY
COURT OF RECORD IS HEREBY IRREVOCABLY AUTHORIZED AND EMPOWERED TO
21
APPEAR FOR TENANT IN ANY ACTION TO CONFESS JUDGMENT AGAINST TENANT,
AND MAY SIGN FOR TENANT AN AGREEMENT, FOR WHICH THIS LEASE SHALL BE
HIS SUFFICIENT WARRANT, FOR ENTERING IN ANY COMPETENT COURT AN ACTION
OR ACTIONS IN EJECTMENT, AND IN ANY SUITS OR IN SAID ACTIONS TO CONFESS
JUDGMENT AGAINST TENANT AS WELL AS ALL PERSONS CLAIMING BY, THROUGH
OR UNDER TENANT FOR THE RECOVERY BY LANDLORD OF POSSESSION OF THE
PREMISES. SUCH AUTHORITY SHALL NOT BE EXHAUSTED BY ANY ONE OR MORE
EXERCISES THEREOF, BUT JUDGMENT MAY BE CONFESSED FROM TIME TO TIME AS
OFTEN AS ANY EVENT SET FORTH IN THIS LEASE SHALL HAVE OCCURRED OR BE
CONTINUING. SUCH POWERS MAY BE EXERCISED DURING AS WELL AS AFTER THE
EXPIRATION OR TERMINATION OF THE ORIGINAL TERM AND DURING AND AT ANY
TIME AFTER ANY EXTENSION OR RENEWAL OF THE TERM, AND/OR
(B) IF TENANT SHALL DEFAULT IN THE PAYMENT OF RENT RESERVED OR
PAYABLE HEREUNDER OR IN THE PAYMENT OF ANY OTHER SUMS DUE HEREUNDER
BY TENANT, TENANT HEREBY AUTHORIZES AND EMPOWERS ANY PROTHONOTARY
OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR TENANT IN ANY AND
ALL ACTIONS WHICH MAY BE BROUGHT FOR SAID RENT AND SAID OTHER SUMS;
AND TO SIGN FOR TENANT AN AGREEMENT FOR ENTERING IN ANY COMPETENT
COURT AN ACTION OR ACTIONS FOR THE RECOVERY OF SAID RENT AND OTHER
SUMS, AND IN SAID SUITS OR IN SAID ACTION OR ACTIONS TO CONFESS JUDGMENT
AGAINST TENANT FOR ALL OR ANY PART OF SAID RENT AND SAID OTHER SUMS,
INCLUDING, BUT NOT LIMITED TO, THE AMOUNTS DUE FROM TENANT TO
LANDLORD UNDER EACH OF THE SUBSECTIONS OF THIS SECTION AND FOR
INTEREST AND COSTS, TOGETHER WITH A REASONABLE ATTORNEY'S COMMISSION
FOR COLLECTION OF NOT LESS THAN FIVE THOUSAND DOLLARS ($5,000). 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 OTHER SUMS SHALL FALL DUE OR BE IN ARREARS AND
SUCH POWERS MAY BE EXERCISED AS WELL AFTER THE EXPIRATION OF THE TERM
OF THIS LEASE,
THIS LEASE PROVIDES FOR THE CONFESSION OF JUDGMENT AGAINST TENANT FOR
MONEY AND FOR EJECTMENT. IN CONNECTION THEREWITH, TENANT,
KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND UPON ADVICE OF SEPARATE
COUNSEL, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS IT 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. WITHOUT LIMITATION OF THE FOREGOING, TENANT HEREBY
SPECIFICALLY WAIVES ALL RIGHTS TENANT HAS OR MAY HAVE TO NOTICE AND
OPPORTUNITY FOR A HEARING PRIOR TO EXECUTION UPON ANY JUDGMENT
CONFESSED AGAINST TENANT BY LANDLORD HEREUNDER
TENANT (I) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF
LANDLORD HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT LANDLORD
WILL NOT SEEK TO EXERCISE OR ENFORCE ITS RIGHTS TO CONFESS JUDGMENT
HEREUNDER, AND (In ACKNOWLEDGES THAT THE EXECUTION OF THIS LEASE BY
22
LANDLORD HAS BEEN MATERIALLY INDUCED BY, AMONG OTHER THINGS, THE
INCLUSION IN THIS LEASE OF SAID RIGHTS TO CONFESS JUDGMENT AGAINST
TENANT. TENANT FURTHER ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY
TO DISCUSS SAID PROVISIONS WITH TENANT'S INDEPENDENT LEGAL COUNSEL AND
THAT THE MEANING AND EFFECT OF SUCH PROVISIONS HAVE BEEN FULLY
EXPLAINED TO TENANT BY SUCH COUNSEL, AND AS EVIDENCE OF SUCH FACT AN
AUTHORIZED OFFICER OF TENANT SIGNS HIS OR HER INITIALS IN THE SPACE
PROVIDED BELOW.
69. Tenant's Gross Sales/ Sales Reports and Records.
70. Percentage Rent. Intentionally Left Blank
,~ -
(Initials)
Intentionally Left Blank
IN WITNESS WHEREOF, the parties hereto are executing this Lease on the date first written
above. By signing below, all parties agree to be bound by all terms and conditions set forth in the lease
form to which this Addendum is attached.
Landlord:
Witnessed or Attested By:
~__K ..
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Tenants:
f By:
Name:
23
EXHIBIT "A"
PROPERTY
[ATTACH SHOPPING CENTER SITE PLAN]
24
EXHIBIT "A- I "
PREMISES
[ATTACH PLAN SHOWING
PREMISES BY DIAGONAL LINES]
Error! Unknown document property name.
EXHIBIT "B"
WORK LETTER AGREEMENT
Intentionally left blank
B-1
Error! Unknown document property name.
SCHEDULE I
Landlord's Work
Space to be delivered in AS-IS, WHERE-IS Condition. Landlord makes no representations or warranties
with respect to the operability or inoperability of any equipment found in the Premises at the time of
execution of this Lease.
B-2
Error! Unknown document property name.
SCHEDULE II
Plan Delivery Date: N/A
Contractor Selection Date: N/A
Possession Turnover Date: N/A
Tenant Improvement Allowance: NONE
B-3
Error! Unknown document property name.
EXHIBIT "C"
COMI~~NCEMENT DATE/ACCEPTANCE LETTER
INTENTIONALLY LEFT BLANK
C-I
Error! Unknown document property name.
EXHIBIT "D"
USE RESTRICTIONS
Notwithstanding any other provision of this Lease, and without in any way expanding the use of
the Premises permitted hereunder, Tenant acknowledges and agrees that its use of the Premises is subject
to and will not violate the restrictions and exclusives set forth hereinbelow:
Intentionally Left Blank
D-1
Error! Unknown document property name.
EXHIBIT "E"
RULES AND REGULATIONS
Rules and Reeulations
1. No radio or television or other similaz devices shall be installed without first obtaining in
each instance Landlord's consent in writing. No aerial shall be erected on the roof or exterior walls of the
Leased Premises, or on the grounds, without in each instance, the written consent of Landlord. Any aerial
so installed without such written consent shall be subject to removal without notice at any time at Tenant's
expense. Tenant shall be permitted to play music at a volume appropriate for it's business.
2. No loud speakers, televisions, phonographs, radios or other devices shall be used in a
manner so as to be heard or seen outside of the Leased Premises without the prior written consent of
Landlord.
3. If the Leased Premises are equipped with heating facilities sepazate from those in the
remainder of the Shopping Center, Tenant shall keep the Leased Premises at a temperature sufficiently high
to prevent freezing of water in pipes and fixtures.
4. The outside areas immediately adjoining the Leased Premises shall be kept clean and free
from dirt and rubbish by Tenant to the satisfaction of the Landlord, and Tenant shall not place or permit any
obstructions or merchandise in such areas.
5. 'The plumbing facilities shall not be used for any other purpose than that for which they are
constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage,
stoppage, or damage resulting from a violation of this provision shall be borne by Tenant.
6. 'Tenant shall not bum any trash or garbage of any kind in or about the Leased Premises, the
Shopping Center, or within one mile of the outside property lines of the Shopping Center.
7. ,~11 deliveries or shipments of any kind to and from the Leased Premises, including loading
of goods, shall be made only by way of the rear of the Leased Premises or at any other location designated
by Landlord, and only at such reasonable time designated for such purpose by Landlord.
8. Tenant shall not use the public or common areas in the Shopping Center for business
purposes or special events unless prior approval in writing has been granted by the Landlord.
9. Tenant shall use, at Tenant's cost, a pest extermination contractor at such intervals as
Landlord may require, but no less often than once annually.
10. Tenant shall not place, or permit, displays, decoration or shopping carts on the sidewalk in
front of the Leased Premises or upon any of the common areas of the Shopping Center.
11. Tenant shall not cause or permit any unusual or objectionable odors to be produced upon or
within, or released from, the Leased Premises. See Section 50 D III.
(.~~C, ~
F-1
Error! Unknown document property name.
EXHIBIT "F"
UTII.ITIES
A) Tenant shall be responsible for their share of water sewer usage. billed
B) Tenant shall contract directly with the local provider of gas and electric service to the leased
premises.
F-2
Error! Unknown document property uame.
EXHIBIT "G"
SIGN CRITERIA
INTENTIONALLY LEFT BLANK
Error! Unknown document property name. G-I
EXHIBIT "H"
FORM OF GUARANTY
ABDERAHIM TAGHI GUARANTEES THE OBLIGATIONS CONTEMPLATED IN
THE LEASE OF WHICH THIS. EXHIBIT H IS A PART. ANY FINANCIAL OBLIGATIONS .
WITH RESPECT TO THIS LEASE SHALL BE THE FINANCIAL BINDING LEGAL
OBLIGATIONS OF ABDERAHIM TAGHI.
ABDERRAHIM TAGHL~~ DATE
H-1
Error! Unknown document property name.
EXHIBIT "I"
STATE/LOCAL LAW PROVISIONS
ITENTIONAI,LY LEFT BLANK
I-1
Error! Unknown document property name.
EXHIBIT "J"
SPECIAL STIPULATIONS
TENANT AND LANDLORD AGREE THAT LANDLORD SHALL SELL TO TENANT AND
TENANT SHALL PURCHASE FROM LANDLORD CERTAIN FIXTURES AND
EQUIPMENT WHICH ARE PRESENTLY LOCATED WITHIN THE LEASED PREMISES.
TENANT SHALL PAY LANDLORD $4,000.00 FOR SUCH EQUIPMENT AT THE BELOW
TERMS.
UPON EXECUTION OF THIS LEASE TENANT SHALL PAY $1,000.00 TO LANDLORD AS
PAYMENT FOR CERTAIN FIXTURES WITHIN THE LEASED PREMISES. EACH MONTH
DURING THE TERM OF THE LEASE, BEGINNING WITH THE BEGINNING OF TERM AS
DEFINED IN BASIC LEASE PROVISIONS SECTION FOUR (4), TENANT SHALL PAY
$57.76 TO LANDLORD AS ADDITIONAL RENT. IF TENANT REMAINS A TENANT IN
GOOD STANDING, WITH NO MORE THAN TWO (2) OCCASIONS OF MONETARY
DEFAULT' DURING THE TERM OF THE LEASE, THESE FIXTURES SHALL BECOME
THE PROPERTY OF TENANT AT LEASE EXPIRATION FOR THE SUM OF $1.00. IF
TENANT SHALL BE IN MONETARY DEFAULT MORE THAN TWO (2) TIMES DURING
THE TERM OF THE LEASE 'THE FIXTURES SHALL REMAIN PROPERTY OF
LANDLORD. TENANT SHALL PROVIDE A FULL LISTING OF THE FIXTURES, WITH
SERIAL NUMBERS AND MANUFACTURERS ITEM NUMBERS WITHIN FIFTEEN DAYS
OF THE EXECUTION OF THIS LEASE.
Lease Amendment
ORIGINAL
2008 by and between Abderrahim Taghi
This Amendment to Lease is dated October _.,
(Tenant) and PR Real Estate, LLC and Home Elite, Ltd as Tenants in Common (Landlord).
2005 as attached, Tenant Leased from
Whereas, pursuant to a Lease Agreement dated June, ,
Landlord that certain Premises known as Suite 14, Eastdesireso Amlend thetLeaseeas follows'.g
Pennsylvania ("Premises"). Landlord and Tenant now
1. Any reference to Tenant in the Lease Agreement shall now be deemed to include the
following: Abderrahim Taghi, having an addrddresslof 6637 WyDcombe WayaParkvile~>
PA 17055 and Asad Colad Mahad having an a
MD 21234 (hereinafter defined as "Tenant").
2. Abderrahim Taghi and Asad Colad Mahad shall both agree that any financial conditions
or obligations contemplated in the Lease shall be the financial binding legal obligations
or Abderrahim Taghi and Asad Colad Mahad jointly and severally.
3. Contemporaneously with the execution of this Lease Amendment, Tenant shall deliver
certified funds or a bank check in the amount of $3,4fe fo Amending this Lease.nant's
current past due balance of $2,917.44 and a $500.00 ears and shall now Expire on
4. The Term of the Lease shall be extended by three (3) y
August 31, 2013 at the following rates:
September 1, 2010 -August 31, 2011 $22,248.00 ($1,854.00 per month)
September 1, 2011 -August 31, 2012 23,602.45 ($1,966.87 per month)
September 1, 2012 -August 31, 2013
All other terms and conditions of the Lease shall remain in full force and effect and shall only be
changed as in this Lease Amendment.
Intending to be Legally bound:
TENANT
Abderrahirn Taghi
Date: ~~~~ ~~ ~
~~~ /
Asad Colad Mahad
Date ~~(~~ ~~
LANDLORD
PR Real Estate, LLC & Home Elite Ltd.
As Tenants in Common
~~~~~~
By:
Date:
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown., PA 19046
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION -LAW
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AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF PENNSYLVANIA
SS.
COUNTY OF MONTGOMERY
Scott Homel, being duly sworn according to law, deposes and says that he is
authorized to make this affidavit on behalf of Plaintiffs; and that to the best of his
knowledge, information and belief, the Defendant is not in the Military or Naval Service of
the United States, nor any State or Territory hereof or its allies, or otherwise within the
provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto
or the Servicemembers Civil Relief Act.
Sworn to and Subscribed
before me this 1 ~Stt-- day
of n~.e.~'w~.-~^~ , 2013.
otary Public
j~-_-`--_ NOTARIAL SEAL
! Elizabeth N Tellado
~ NOTARY PUBLIC
I Twp of Montgomery, Montgomery County
My Commission Expires 04/15/2015
~---
{1296.052 00132050}
Department of Defense Manpower Data Center
''. ~t~t .~UCI
~urs~ua~:t tai Servicern~unrs Civil R.ei~f ~~t
Last Name: TAGHI
First Name: ABDERRAHIM
Middle Name:
Active Duty Status As Of: Jan-31-20.13
Results as of :Jan-31-2013 12:08:32
SCRA 2.3
On Acflve Duty On Actlve Dury Status Data
Active Duty Start Dale Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals' active duty statusbased on the'Actlve Dury Status Date
LeR Active Duty Within 367 Days of Active Dury Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unlt Was Notifled of a Future Call-Up to Active Duty on Active Duty Slalus Date
Order Notification Start Date Order Not cation End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http://www.defenselink.millfaq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reFlects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days'n length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: 8RVVRBF3KB
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
COURT OF COMMON PLEAS
CUMBERLAND COUNTY ~. ,..,, = , ~.
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Defendant
CERTIFICATION OF ADDRESSES
The undersigned certifies that, to the best of her knowledge, information and belief,
that the addresses of the parties are as follows:
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
DEEB, BLUM, MURPHY, FRISHBERG 8s
MARKOVICH, P.C.
~~~~
By:
Fran G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
i
Dated: February 5 , 2013
{1296.052 00132050}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Defendant.
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
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Scott Homel, being duly sworn according to law, deposes and says flat he is
authorized to make this affidavit on behalf of Plaintiffs; that the facts set forth in the
Complaint in Confession of Judgment are true and correct to the best of his knowledge,
information and belief; and that the Exhibits attached to the Complaint in Confession
of Judgment are true and correct copies of the originals.
Sworn to and Subscribed
before me this i s~'F- day
of ~~''"~~'~ , 2013.
~ ~ ~~'
otary Public
NOTARIAL SEAL
Elizabeth N Tellado
NOTARY PUBLIC
Twp of Montgomery, Montgomery County
My Commission Expires 04115!2015
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION -LAW :~'
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Scott Homel, o3rbe~ialf of Plaintiffs
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{1296.052 00132050}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown., PA 19046
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arcrt Street
Mechanicsburg, PA 17055
Defendant.
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CIVIL ACTION -LAW ~: `
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AFFIDAVIT OF INCOME
STATE OF PENNSYLVANIA
SS.
COUNTY OF MONTGOMERY
Scott Homel, being duly sworn according to law, deposes and says that he is
authorized to make this affidavit on behalf of Plaintiffs; and that to the best of his
knowledge, information and belief, at the time of the signing of the document containing
provision for judgment by confession in the said matter, the income of Defendant was in
excess of ~ 10,000 per year.
Sworn to and Subscribed
before me this ~ ~ day
of ~ ~'~~~~~ , 2013.
+~Notary Public
`` _ .-..
Scott Homel, a Fie aTf o am
~.._-
~ NOTARIAL SEAL
Elizabeth N Tellado
NOTARY PUBLIC
T'wp of Montgomery, Montgomery County
My Commission Expires 04/15/2015
{1296.052 00132050}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Plaintiffs,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION -LAW
Docket No.
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_AFFIDAVIT OF NONAPPLICABILITY OF GOODS AND SERVICES
INSTALLMENT SALES ACT AND AFFIDAVIT OF NOI~CONSUMER CREDIT
TRANSACTION AND NON-RESIDENTIAL LEASE
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
SS.
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Scott Homel, being duly sworn according to law, deposes and says that he is authorized
to make this affidavit on behalf of Plaintiffs; that the Confession of Judgment. does not
arise out of a retail installment sale, contract or account, as defined under the Goods and
Services Installment Sales Act, 69 P.S. ~ 1101, et sew.; that the Confession of Judgment is
not being entered against natural person(s) in connection with a "consumer credit
transaction" as that term is defined in Pa.R.C.P. 2950 (as amended); that the Confession of
Judgment is not being entered in connection with a residential lease; and that the
foregoing facts are true and correct to the best of his knowledge, information and belief.
Sworn to acid Subscribed
before me this l ~" day
of„ ~ .~-•~~ , 2013.
-~~~~~ Votary Public
IN THE COURT
NOTARIAL SEAL
Elizabeth N Tellado ' 1 °'~-
NOTARY PUBLIC ~ ~~'
Twp of Montgomery, Mont ome Count i ~~~
My Commission Expi
~~~~~"~~rne erg, behalf o€Pla~n
)F COMMON PLEAS OF CUMBERLAND COUNTY,
{1296.052 ()0132050}
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELI'CE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Defendant.
CIVIL ACTION -LAW
Docket No.
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AFFIDAVIT OF DEFAULT
STATE OF :PENNSYLVANIA
COUNTY O:F MONTGOMERY
SS.
Scott Homel, being duly sworn according to law, deposes and says that he is
authorized to make this affidavit on behalf of Plaintiffs; that Defendant entered into the
Lease (as dr:;fined in the Complaint in confession of judgment filed in the within action), a
true and correct copy of which is attached to the Complaint; that Defendant is in default
under the Lease by failing to pay rent owed to Plaintiffs. There is presently $9,673.30
(principal sum, plus attorneys' commission) d
Sworn to and Subscribed
before me this (~' day
of ~--~r'w--~~* , 2013.
ota:ry Public
NOTARIAL SEAL
Elizabeth N Tellado
NOTARY PUBLIC
T vdG of Montgomery, Montgomery County
(Ny Cornmission Expires 04/15/2015
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
{ 1296.052 ()0:132050 }
'HOME ELITE, LTD., CUMBERLAND COUNTY
491 Old York Rd., Suite 200
Jenkintown, PA 19046
Plaintiffs, CIVIL ACTION -LAW
v.
Docket No.
ABDERRAHIM TAGHI
814 N. Arch Street :
Mechanicsburg, PA 17055 ~~
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AFFIDAVIT OF BUSINESS TRANSACTION ~'';y
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Scott Homel, being duly sworn according to law, deposes and says that he is
authorized to make this affidavit on behalf of Plaintiffs; and that the transaction upon
which Judgment is being entered by Confession was a business and commercial
transaction.
Sworn to and Subscribed
before me this 1 ~ day
of ~-,,.~r~,et.,as- , 2013.
otary Public
-----
NOTARIAL SEAL
Elizabeth N Tellado
NOTARY PUBLIC
Twp of Montgomery, Mont ome
~_ My Ca'nmi p. 9 ry County
scion Ex Tres 04/15/2075
-_~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and COURT OF COMMON PLEAS
HOME ELITE, LTD., CUMBERLAND COUNTY
491 Old York Rd., Suite 200
Jenkintown, PA 19046
{1296.052 00:132050}{1296.052 00132050}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Defendant
CIVIL ACTION -LAW
Docket No.
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Notice Under Rule 2958.1
of Judgment and Execution Thereon
---------------
Notice of Defendant's Rights
To: Defendant, Abderrahim Taghi
A judgment in the amount of $9,673.30 has been entered against you and in favor
of the Plaintiffs without any prior notice or hearing based on a confession of judgment
contained in a written agreement or other paper allegedly signed by you. The sheriff may
take your money or other property to pay the judgment at any time after thirty (30) days
after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or
property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE
ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
{1296.052 00132050}{1296.052 00132050}
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. Bedford Street
Carlisle, Pennsylvania
Tel: (717) 249-3166
DEEB, BLUM, MURPHY, FRISHBERG 8s
MARKOVICH, P.C.
By:
Fr G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
Dated: February ~, 2013
{1296.052 00132050}{1296.052 00132050}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
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CIVIL ACTION -LAW ~, ~,
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Docket No. ~ ~ ~
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NOTICE UNDER 42 PA. C.S.A. § 2'737_1
To: Defendant, Abderrahim Taghi
A judgment in the amount of $9,673.30 and a judgment for possession of the
following premises have been entered against you and in favor of the Plaintiffs without any
prior notice or hearing based on a confession of judgment contained in a written
agreement or other paper allegedly signed by you:
Approximately 1,600 square feet of commercial space located at 5205
Simpson Ferry Road, Suite 14, at the East Gate Shopping Center,
Mechanicsburg, Cumberland County, Pennsylvania, 17055, allegedly being
utilized as a Moroccan restaurant known as Sahara.
42 Pa. C.S.A. § 2737 states in part as follows:
A debtor who has been incorrectly identified and had a
confession or judgment entered against him may petition the
court for costs and reasonable attorney fees as determined by
the court.
The written instructions regarding the procedure to follow to strike the judgments are not
prescribed in detail. For this reason, you should contact an attorney for assistance.
However, you are advised that Pa. R.C.P. 2959, provides as follows:
{1296.052 00132050}{1296.052 00132050}
Striking Off or Opening Judgment; Pleadings; Procedure
(a)(1) Relief from a judgment 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 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 been 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 Rule [of Civil. Procedure] 295$.3 or Rule
2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule
[of Civil Procedure] 2956.1(c) (2)or Rule [of Civil Procedure] 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 day 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 [of Civil Procedure] 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 judgment.
{1296.052 00132050}{1296.052 00132050}
(fl 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.
YOL7 SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IT YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SF.T FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
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 S. Bedford Street
Carlisle, Pennsylvania
Tel: (717) 249-3166
DEEB, BLUM, MURPHY, FRISHBERG 8s
MARKO ICH, P.C.
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By:
Frank G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 191.03
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
Dated: February ,~~, 2013
{1296.052 00132050}{1296.052 00132050}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Defendant.
: COURT OF COMMON PLEAS
CUMBERLAND COUNTY
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CIVIL ACTION -LAW ..~_~, ~ ~~
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Notice Under Rule 2973.2
of Judgment and Execution
Notice of Defendant's Rights
To: Defendant, Abderrahim Taghi
A judgment for possession of real property has been entered against you and in
favor of the Plaintiffs without prior notice and hearing based on a confession of judgment
contained in a promissory note or other document allegedly executed by you. The sheriff
may remove you from the property at any time after thirty days after the date on which
this notice is served on you.
You. may have legal rights to defeat the judgment or to prevent your being removed
from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE
FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS
SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOIJ 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.
{1296.052 00132050}{1296.052 00132050}
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. Bedford Street
Carlisle, Pennsylvania
Tel: (717) 249-3166
DEEB, BLUM, MURPHY, FRISHBERG &
MARKOVICH, P.C.
G '~~
By:
Fran G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
Dated: Fehruary ~ 2013
{1296.052 00132050}{1296.052 00132050}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Defendant
CIVIL ACTION -LAW
Docket No.
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
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Kindly enter our appearance for the Defendant, on whose behalf we confess
judgment i'or money in the sum of $9,673.30 and for possession of the premises occupied
by Defendants as follows:
Approximately 1,600 square feet of commercial space located at 5205
Simpson Ferry Road, Suite 14, at the East Gate Shopping Center,
Mechanicsburg, Cumberland County, Pennsylvania, 17055, allegedly being
utilized as a Moroccan restaurant known as Sahara.
DEEB, BLUM, MURPHY, FRISHBERG &
MARKOXICH, P.C.
// ~-.
By:
Frank G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
Dated: February ? , 2013
{1296.052 00132050}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
Plaintiffs,
v.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION -LAW ~ ~ '`'
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Docket No. ~
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ORDER FOR APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance as attorneys for the Plaintiffs, PR Real Estate, LLC and
Home Elitc:, Ltd. in the above-entitled matter.
DEEB, BLUM, MURPHY, FRISHBERG 8s
MARKOVICHrC~
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By:
Fran G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
Dated: February .',~, 2013
{1296.052 00132050}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
Plaintiffs,
~.
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION -LAW
. 2 Ci ill
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Docket No.
Defendant.
236 NOTICE
NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN
ENTERED AGAINST YOU FOR MONEY OWED IN THE AMOUNT OF $9,673.30.
ENCLOSED HEREWITH IS A COPY OF ALL THE DOCUMENTS FILED IN SUPPORT OF
THE SAID JUDGMENT.
DAVID D. BU L, TH TARY
IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT:
Dated: February ~, 2013
DEEB, BLUM, MURPHY, FRISHBERG 8s
MARKOVICH, P.C.
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rank G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
{1296.052 00132050}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PR REAL ESTATE, LLC and
HOME ELITE, LTD.,
491 Old York Rd., Suite 200
Jenkintown, PA 19046
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiffs, CIVIL ACTION -LAW
v. -~ ~~l
. Docket No. ~ /~ ~ ~ ~
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
Defendant
236 NOTICE
NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS
BEEN EN'CERED AGAINST YOU FOR POSSESSION OF THE FOLLOWING PREMISES:
Approximately 1,600 square feet of commercial space located at 5205
Sirripson Ferry Road, Suite 14, at the East Gate Shopping Center,
Mechanicsburg, Cumberland County, Pennsylvania, 17055, allegedly being
utilized as a Moroccan restaurant known as Sahara.
ENCLOSED HEREWITH IS A COPY OF ALL THE DOCUMENTS FILED IN SUPPORT OF
THE SAID JUDGMENT.
DAVID D. BUELL, PROTHONOTARY
IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT:
Dated: February ? , 2013
DEEB, BLUM, MURPHY, FRISHBERG 8v
MARKOVICH, P.C.
~-~'~~
By:
Frank G. Murphy, Esquire ID No. 65886
Christine C. McGuigan, Esquire ID No. 86784
1601 Market Street, Suite 2600
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Plaintiffs,
PR Real Estate, LLC and Home Elite, Ltd.
{1296.052 00132050}
DEEB BLUM MURPHY FRISHBERG & MARKOVICH P.C.
By: Frank G. Murphy, Esq.
Identification No. 65886
1601 Market Street, Suite 2600
Philadelphia, PA 19103 Attorney for Plaintiff
21'5-563=0500 PR Real Estate, LLC and
fmurphu(a)dbmfmlaw.com Home Elite, Ltd.
PR REAL ESTATE, LLC and COURT OF COMMON PLEAS
HOME ELITE, LTD., CUMBERLAND COUNTY
Plaintiffs, CIVIL ACTION - LAW
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Docket No. 13-653 wr- rpa
ABDERRAHIM TAGHI
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PRAECIPE TO MARK JUDGMENT SATISFIED
TO THE PROTHONOTARY:
Kindly mark the judgment in the amount of$9,673.30 rendered in favor of
Plaintiff and against Defendant as being SATISFIED.
DEEB BLUM MURPHY RISHBERG &
MARKOVICH
By:
FRAN G. TAfJRPHY
Attorney for Plaintiff
Dated: April 19, 2013
DEER BLUM MURPHY FRISHBERG & MARKOVICH P.C.
By: Frank G. Murphy, Esq.
Identification No. 65886
1601 Market Street, Suite 2600
Philadelphia; PA 19103 Attorney for Plaintiff
215-563-0500 PR Real Estate, LLC and
fmurphy(adbm1*law.com Home Elite, Ltd.
PR REAL ESTATE, LLC and COURT OF COMMON PLEAS
HOME ELITE, LTD., CUMBERLAND COUNTY
Plaintiffs, CIVIL ACTION - LAW
V.
Docket No. 13-653
ABDERRAHIM TAGHI
Defendant.
CERTIFICATE OF SERVICE
I, Frank G. Murphy, Esquire, hereby certify that I served a true and correct
copy of the Praecipe to Mark Judgment Satisfied, via first class mail, postage prepaid
on April 19, 2013, as follows:
ABDERRAHIM TAGHI
814 N. Arch Street
Mechanicsburg, PA 17055
DEEB BLUM MURPHY FRISHBERG &
MARKOVICH, P
By:
FRANK G. MU HY
Attorney for Plaintiff
Dated: April 19, 2013
K � r
DEER BLUM MURPHY FRISHBERG & MARKOVICH P.C.
By: . Frank G. Murphy, Esq.
Identification No. 65886
1601 Market.Street, Suite 2600
Philadelphia, PA 19103 Attorney for Plaintiff
215-563-0500 PR Real Estate, LLC and -T,
fmurPktj dbmfmlaw.com Home Elite, Ltd. ;
rn
PR REAL ESTATE, LLC and COURT OF COMMON PLEAS�r-
HOME ELITE, LTD., CUMBERLAND COUNTY � .
Plaintiffs, CIVIL ACTION - LAW =o CD
V.
Docket No. 13-653
ABDERRAHIM TAGHI
Defendant.
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter, settled, discontinued and ended.
DEEB BLUM MURPIW FRISHBERG &
MARK0V1 P C.
By:
F NK G. MURPHY
Attorney for Plaintiff
Dated:-April 19, 2013
DEEB BLUM MURPHY FRISHBERG & MARKOVICH P.C.
By: Frank G. Murphy, Esq.
. ..Identification No. 65886
1601 Market Street, Suite 26001
Philadelphia, PA 19103 Attorney for Plaintiff
215-563-0500 PR Real Estate, LLC and
ftnurPhuCa)dbmftnlaw.com Home Elite, Ltd.
PR REAL ESTATE, LLC and COURT OF COMMON PLEAS
HOME ELITE, LTD., CUMBERLAND COUNTY
Plaintiffs, CIVIL ACTION - LAW
V.
Docket No. 13-653
ABDERRAHIM TAGHI
Defendant.
CERTIFICATE OF SERVICE
I, Brian A. Clark, paralegal at Deeb Blum Murphy Frishberg & Markovich, PC
hereby certify that a true and correct copy of the foregoing Praecipe to Settle,
Discontinue and End was served by via first-class mail upon the following:
ABDERRAHIM TAGHI
814 N.Arch Street
Mechanicsburg, PA 17055
DEEB BLUM MURPHY FRISHBERG &
MARKOVICH, P.C.
By:
BRIAN A. CLARK
Dated: April 19, 2013