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HomeMy WebLinkAbout13-5713 Supreme Co ��o ?Pennsylvania Cou o�C0 tn> ' \, Pleas For Prothonotary Use Only: �#�t � � ... ; fir � � � 1� �f�►� vil Cower Sheet Docket No:` CUf1$R1�N'D County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S x0 Complaint 0 Writ of Summons FJ Petition Transfer from Another Jurisdiction © Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Cedar Cliff, L.P. Mary E. Hooper T Dollar Amount Requested: [lwithin arbitration limits I Are .money damages requested? El Yes 0 No (check one) 9 outside arbitration limits O N Is this a Class Action Suit? 0 Yes EM No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff /Appellant's Attorney: Craig A. Diehl, Esquire, CPA 0 Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections i 0 Nuisance Dept. of Transportation S F1 Premises Liability Statutory Appeal: Other O Product Liability (does not include mass tort) 0 Employment Dispute: E Discrimination Slander/Libel/ Defamation C 0 Other: 0 Employment Dispute: Other F1 Zoning Board T � Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: ®Ejectment �� Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus Landlord /Tenant Dispute i Non - Domestic Relations C Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal E Quiet Title 0 Other: 0 Medical J Other: 0 Other Professional: r Updated 1/1/2011 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDAR CLIFF, L.P., Plaintiff _ V. DOCKET NO MARY E. HOOPER Defendant CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 c,� i cl AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717- 249 -3166 Craig A. Diehl, Esquire, CPA I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Cedar Cliff, L.P. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDAR CLIFF, L.P., Plaintiff V. DOCKET NO. MARY E: HOOPER Defendant CIVIL ACTION - LAW COMPLAINT Plaintiff, Cedar Cliff, L.P., by and through its undersigned counsel, files this Complaint averring as follows: 1. Plaintiff, Cedar Cliff, L.P., is a Pennsylvania Limited Partnership with a registered office address of 2555 Kingston Road, Suite 180, York, PA 17402. 2. Defendant, Mary E. Hooper, is an adult individual residing at 136 North 26 Street, Camp Hill, PA 17011. 3. On or about April 8, 2004, Plaintiff and Defendant executed a Commercial Lease Agreement (the "Lease ") whereby the Defendant agreed to rent premises owned by the Plaintiff and located at 1104 Carlisle Road, Camp Hill, PA 17011. (See Exhibit "A" attached hereto and incorporated herein for a true and accurate copy of the Lease.) . 4. Defendant used the leased premises for the operation of her business, Crimson Frog Coffeehouse. 5. According to the terms of the Lease, Defendant agreed to make monthly payments to the Plaintiff for a period of three (3) years, with the option to renew the Lease for two (2) additional three -year periods. 6. The parties entered into three (3) additional Amendments to the original Lease. The most recent Amendment was signed on or about January 13, 2013, whereby the parties agreed to change the term of the Lease to a month -to -month basis, with the total monthly payment amount increasing to One Thousand Eight Hundred Forty -Seven Dollars and Thirty - Three Cents ($1,847.33). (See Exhibit "B" attached hereto and incorporated herein for a true and accurate copy of the 3 rd Amended Lease Agreement.) 7. Under Article XX of the Lease, the Defendant shall be in default if she fails to pay rent when due and /or vacates the leased premises without first having satisfied past due rent and other charges then due. 8. Defendant has vacated the leased premises leaving a past due balance of rent in the amount of Twenty Thousand Four Hundred Seventy -Eight Dollars and Thirty Cents ($20,478.30). (See Exhibit "C" attached hereto and incorporated herein for a true and accurate copy of the most recent billing statement.) 9. Despite demand made by Plaintiff upon Defendant to repay the amount owed, she has failed and /or refused to do so. WHEREFORE, Plaintiff respectfully requests that judgment be entered in its favor and against Defendant for the amount of Twenty Thousand Four Hundred Seventy -Eight Dollars and Thirty Cents ($20,478.30) plus attorney fees, costs, and such other relief this Court deems reasonable. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: 1 / 2 7 D By: at�x 61 n & Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763 -7613 Fax: (717) 763 -8293 Attorney for Plaintiff, Cedar Cliff, L.P. EXKI$IT A LEASE BETWEEN CEDAR CLIFF L.P. LESSOR AND MARY E HOPPER LESSEE CEDAR CLIFF MALL 1104 CARLISLE RD. , CAMP HILL, PA 17011 DEMISED PREMISES 1 INDEX Article Heading I Demised Premises U Term of Lease III Minimum Rent rV Taxes V Security Deposit VI Description of Lessor's Work VII Lessee's Work and Signs VIII Use of Premises IX AIterations X Maintenance of Demised Premises XI Maintenance, Control & Expense of Common Areas XII Utilities XM Destruction by Fire or Casualty XIV Lessee's Property in Demised Premises XV Access to Demised Premises XVI Surrender of Demised Premises XVII Indemnity and Insurance by Lessee XVLCt Assignment and Subletting XIX Eminent Domain XX Default by Lessee XXi Waiver of Lessee's Default XXII Default of Lessor XXIII Limitation of Liability and Transfer of Lessor's Interest XXIV Estoppel Certificate by Lessee XXV Option to Renew XXVI Quiet Enjoyment XXVII Subordination XXVIII Titles of Articles XXDC Notices XXX Definition of Terms XXXI Invalidity of Particular Provisions XXXII Provisions Binding XXXM Relationship of Parties XXXIV Complete Agreement Exhibit A Exhibit B Term Commencement, Expiration Agreement and common area costs Guaranty of Lease Exhibit C Signage 2 THIS Lease made on this 8TH day of April _ 2004_; by and between Cedar Cliff, L.P. 2555 Kingston Rd., Suite 180, York, Pa 17402 as "Lessor ", and Mary E. Hooper as "Lessee," witnesses that Lessor and Lessee covenant with each other as follows: ARTICLE I - Demised Premises The Lessor hereby leases to the Lessee and Lessee hereby rents from Lessor the following described premises containing floor area of 1.600 Scjuare Feet as outlined in red on Exhibit A attached herewith, herein called "Demised Premises ", situated in the Cedar Cliff Mall. The street address of the Demised Premises will be : _ 1104 Carlisle Rd., Camp- Hill, Pa 17011. ARTICLE II - Terms of Lease 1. TO HAVE AND TO HOLD for a term of 3 years to commence within thirty (30) days from Labor & Industry plan approval and Dept of Agriculture approval, and to dnd three years from rent commencement. (Occupancy upon Lease signing.) ARTICLE III - Minimum Rent 1. Initial Minimum Monthly Rent: The initial minimum monthly rent shall be payable in consecutive monthly installments, all in advance, on the first day of every calendar month during the term hereof without demand deduction or set off. The monthly Minimum Rent installments shall be due and payable to Lessor as follows: YEA 1Z RATE /SO EY MONTHLY YEARLY 1 $10.50 $1,400.00 $16,800.00 2 $10.82 $1,442.67 ` $17,312.00 3 $11.14 $1,485.33 $17,824.00 If the term of this Lease shall commence or end on a day other than the first day of the month, Lessee shall pay minimum rental equal to one - thirtieth (1 /30th) of the monthly minimum rental multiplied by the number of rental days of such fractional month. There shall be a penally added to all payments due u eight percent (8 0 /.) or the highest rate permitted by law, whichever is less, for monies received more than five (5) days after the payment is due. 2. Increase in Minimum Rent. The Initial Mininown Monthly rent shall increase effective the date which is twelve (12) months after the Commencement Date, and on each Twelve (12) month anniversary thereafter (each said anniversary herein referred to as an "Adjustment Date ", by an amount of ARTICLE IV - Taxes 1. Taxes ( "Taxes ") shall mean any form of tax, assessment, excise of impost (whether general, special, ordinary or extraordinary), license fee, business tax, rental tax, improvement bond, Ievy, lien, charge or penalty imposed or assessed by an authority having the direct or indirect power to tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage, sewage, irrigation or other improvement or other special district) against or in respect of or which may be or become a lien or charge upon (a) any legal or equitable interest of Lessor in the Demised Premises or in the 3 real property of which the Demised Premises is a part, or (b) Lessor's right to or receipt of rent or other income from the Demised Premises or by Lessor's business of leasing the Dernised Premises. Taxes shalf exclude income, francise, capital stock, estate or inheritance taxes personal in nature to Lessor. Any special assessments that may be paid over a period greater than one year will only have the portion payable in the current year, as if the assessment was paid over the longest permitted period of time regardless of whether Lessor paid it in that fashion, included in taxes. 2. The amount payable by Lessee shall be based upon a fraction the numerator of which is the amount of floor area occupied by Lessee and the denominator is the amount of net leasable area of the building 0 multiplied by the total of such Taxes or other amount deemed to be Taxes. The Lessor has the .right to require prepayment, in which event the annual amount shall be prorated and payable in equal monthly installments on the same day the rent is paid. The monthly estimated Taxes shall not be less or more than 1 112th of the actual Taxes for the Demised Premises for the preceding tax year. Semi- annually and following Lessor's receipt of invoices and review of budget projections, Lessor may notify Lessee of any additional amount due and Lessee shall pay said additional rent due within ten (10) days after each such billing is received. ARTICLE V - Security Deposit Lessee does herewith deposit with Lessor the sum of One Thousand Four hundred and 001100 ($1,400.00) Dollars, to be held as security for the .full and faithful performance by Lessee of Lessee's obligations under this Lease and for the payment of damages to the Demised Premises. No interest will be paid to Lessee on the security deposit for such sum as shall be lawfully appli ed by Lessor to satisfy valid claims against Lessee arising from defaults under this Lease or by reason of damages to the Demised Premises, the security deposit shall be returned to Lessee at the expiration of the terms of this Lease or any renewals or extensions thereof. It is understood that no part of any security deposit is to be considered as the last rental due under the terms of the Lease. ARTICLE VI- Description of Lessor's Work Lessee acknowledges that neither Lessor nor its agents have made any promise to alter, remodel or improve the Demised Premises or the building or any other improvement thereon, except as expressly provided in a written rider, addendum or amendmont to this Lease. Lessee acknowledges neither Lessor nor its agents have made any representation or warranty with respect to the condition of the Demised Premises or the building or any other improvement thereon. Landlord Improvements; 1) Install Exit signs and Emergency Lighting as per code; 2) Storefront windows to be caulked and secured as needed; 3) Landlord to install firewall to roof deck if required by L & I; 4) Replace hot water heater with a similar size unit; 5) Landlord to pay for replacement ceiling tiles; Tenant to Install; 6) Landlord to remove carpet in front entrance; 7) Tenant to be responsible :for any build -out and repairs except those mentioned above; Tenant to co- ordinate L & I approval with Landlord's architect; Landlord to pay architect fees for L & I; Tenant to pay for local permitting and occupancy permits. ARTICLE VII.- Lessee's Work and Signs I. Lessee may enter the Demised Premises prior to the date hereinafter fixed for the commencement of the term of this Lease for the purpose of making improvements to the Demised Premises and installing fixtures and other equipment, provided such work by Lessee shall be done in such manner so as not to interfere with the work to be done by Lessor or Lessor's contractor in the Demised Premise. and provided further that such work on the part of Lessee shall be done in compliance with such rules and regulations established by Lessor or its contractor and shall. not be in conflict with any Union Contract to which Lessor, its contractor or any sub - contractor might be a part. Lessee shall furnish to Lessor all certificates and approvals with respect to work done by Lessee, or on Lessee's behalf, that may be required from any authorities for the issuance of a Certificate of Occupancy. It is further understood and agreed that Lessor shall have no responsibility or liability whatsoever for any loss or damage to any such fixtures or equipment installed or left in the Demised Premises, and Lessee's entry on and occupancy of the Demised Premises prior to the commencement of this Lease shall be governed by and subject to all the provisions, covenants and conditions of this Lease other than those requiring the payment of minim rent. Tenant's Work: Tenant will, during or subsequent to construction of Landlord's improvements, make at its sole cost and expense, certain specific improvements to or pay certain fees associated with the Leased Premises consisting of; 1) Re -cover walls, paint; 2) Remove one wall from rear 4 area; 3) Build counter area; 4) Build ADA restroom(s); 5) Replace ceiling tiles and clean grid; 6) Install plumbing and electric for sink. 2. In any event Lessee covenants and agrees that promptly after delivery of possession of the Demised Premises to Lessee as substantially completed, Lessee shall commence and shall proceed with due diligence to make all improvements to and install in the Demised Premises all fixtures and other equipment which may be necessary or proper in the operation of Lessee's business and thereafter to commence business. 3. Lessee may, at its own risk, lawfully erect a sign, concerning the business of the occupant o'fthe Demised Premises, on the exterior thereof, and agrees to maintain said sign in a good state of repair and save the Lessor harmless from any loss, cost or damage as a result ofthe erection, maintenance, or removal of the same, and shall repair any damage which may have been caused by the erection, maintenance or removal of such sign. All signs must be approved by the Lessor and the location of the same must be approved by the Lessor. Upon vacating the Demised Premises and if requested by Lessor, the Lessee agrees to remove all signs and repair all damage caused by such removal, otherwise the sign shall be left in place. 4. Lessee further covenants and agrees to pay promptly when due all taxes, including real estate taxes assessed against Lessee's fixtures, furnishings, equipment and stock -in -trade placed in or on the Demised Premises. Any such taxes paid by Lessor shall be.due and payable, as additional rent within ten (10) days after billings therefore are rendered to Lessee. 5. Landlord to allow Tenant to utilize signage along Carlisle Rd, if available, and on entrance Door and on building with prior written Landlord approval and in compliance with local ordinances, costs to be incurred by Tenant. Signage (2' x 5'space) is available on both Carlisle Rd and Rt 83 pylon signs at a cost of $2,500.00 up front or $54.16 /month amortized over 5 years . ( See Exhibit "C') For the purpose of this Article, Lessee's fixtures shall be deemed to include all trade fixtures which Lessee may, as heretofore provided, have the right of removing at the expiration of the term of this Lease. ARTXCL)E VIII - Use of Premises I. Lessee shall use the Demised Premises solely for Expresso based drinks, teas, smoothies, hot chocolate, baked items entertainment (musical book signings, poetry reading etc), fresh fruit, ice cream, bottled beverages, go soup gourmet sandwiches (croissants) coffee and tee by the pound, snack items and outdoor seating and for no other purposes whatsoever. Lessee shall not use or permit the Demised Premises to be used for any other purposes without the prior written consent of Lessor. Lessee expressly acknowledges that Lessor or its agents have not made any representations as to the suitability of the Demised Premises for the use stated above and Lessee has been advised by Lessor or its agents to make its own independent determination as to the suitability of the Demised Premises to the stated use, and any related zoning or other laws, ordinances, regulations and directives or any applicable covenants, conditions and restrictions affecting the Demised Premises which may limit or restrict the stated use. Lessee shall ' indemnify and hold Lessor harmless against any requirements for building and or building systems alterations that may be required by any local, state or federal codes as a result of Lessee's occupancy of the Demised Premises. Lessee shall not commit, or suffer to be permitted to be committed, any waste upon the Premises or any nuisance or other act in violation of public policy. Further, Lessee shall not commit, or suffer to be committed, anything which would subject the Lessor to responsibility or liability for injury or damage to any person or property or which would invalidate or increase the cost of any insurance coverage described in this Lease. Lessee shall comply with all rules, regulations, orders and requirements of Lessor's then current insurance carrier(s) with respect to the use of the Demised Premises and necessary for maintaining reasonable insurance coverage of the types specified in this Lease. USE RESTRICTIONS: Landlord shall not lease space in the Cedar Cliff Shopping center to any business whose use would compete with Tenant's use or vend similar items. 2. Lessor reserves the absolute rights to itself to (a) use the roof, exterior walls and the area beneath the Demised Premises and (b) install, use, maintain and replace equipment, machinery, pipes, conduits and wiring located within the Demised Premises which serve other parts of the Property in a manner and in locations which do not unreasonably interfere with Lessee's use of the Demised Premises. 3. No wood- shaving or spraying material processes will be performed on any part of the Demised Premises except in any environmental controlled by appropriately designed and installed air - handling 5 equipment which shall be maintained and operated at all times during the Lease terms as required to prevent hazardous accumulations of wood and chemical pollutants in the atmosphere within the Demised Premises, and all equipment installations required to comply with this subparagraph 3 shall be commenced, performed and completed promptly after the commencement date. Lessee warrants to Lessor that such installation shall be made in correctly designed facilities and in a workmanlike manner in full compliance with all applicable legal requirements. ARTICLE J X - .Alterations Lessee covenants and agrees not to make or permit to be made any alterations, improvements and additions to the Demised Premises. or any other part thereof except by and with the written consent of Lessor first had. All alterations, improvements and additions to said Demised Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of Lessor and shall remain for the benefit of Lessor at the end of the term or other expiration of this Lease in as good order and condition as they were installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease, or within fifteen (15) days thereafter Lessor so directs by written notice to Lessee, who then shall promptly remove the additions, improvements, fixtures and installations which were placed in the Demised Premises by Lessee and which are designated in said notice and repair any damage occasioned by such removal and in default thereof Lessor may effect said removals and repairs at Lessee's expense. In the event of such alterations, improvements and additions as herein provided Lessee further agrees to indemnify and save harmless the Lessor from all expenses, liens, claims or damages to either persons or property arising out of, or resulting from the undertaking or making of said alterations, additions and improvements. ARTICLE X - Maintenance of Demised Premises 1. Lessor covenants and agrees to keep and maintain in good order, condition and repair the property of which the Demised Premises are a part, other than the interior of Demised Premises. Except as specifically provided in Article XrlI, there shall be no reduction in rent payable by Lessee and no liability on the part of Lessor by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations or improvements or any portion of the Demised Premises or the Complex or fixtures and equipment related thereto, and no liability on the part of Lessor for .failure to make alterations or improvements to the Demised Premises or the Complex or any fixtures and equipment related thereto,provided that such repairs, alterations and improvements shall not interfere with Lessee's access, visibility or parking and such repairs, alterations and improvements shall be done in a manner that does not unreasonably interfere with Lessee's operations. Lessee and Lessee's employees, agents and customers shall be entitled to use the parking areas on the property of which the Demised Premises are a part without charge. ( Landlord to turn over the HVAC system in good working order and Landlord to pay for all repairs over 1 m $75.00 — Tenant to pay for 1" $75.00 of all repair and maintenance fees.) 2. Lessee covenants and agrees to keep and maintain in good order, condition and repair the Demised Premises, except as hereinbefore provided, including but without limitation the exterior and interior portions of all doors, door checks and frames, windows and window frames, wood or other trim, glass, all plumbing, and sewage facilities within the Demised Premises including free flow up to the main sewer line which is located in the drive_thru in front section of property, fixtures, heating, air- conditioning and electrical equipment, emergency lighting and interior walls, floors and ceilings, including furnishing and maintaining the minimum number and type of fire extinguishers. If Lessee refuses or neglects to commence or complete repairs promptly and adequately, Lessor may, but shall not be required to do so, make or complete said repairs and Lessee shall pay for repairs within the demised premises. 3. Lessee will comply with all municipal and other governmental regulations, including garbage and rubbish, and will indemnify and hold harmless Lessor against any claims for damages and any fines imposed because of failure of Lessee to comply with such regulations. Lessee further agrees not to use salt or other chemicals for snow removal, if such chemicals have a tendency to damage existing concrete walks and steps. If such damage results form a failure on the part of the Lessee to comply with this requirement. Lessee will repair damage at his own expense. 4. In the event that Lessee installs or causes equipment, ductwork, or any other allowable installation on the roof of the Demised Premises, Lessee will be responsible for repairing in accordance with good roof repair practices any and all portions of the roof which shall have been damaged by such installation. Lessee will also be responsible for the proper repairing of any portion of the interior damaged by any leaks in the roof resulting from the aforesaid installation. No roof penetration shall be don.e except by the roofing contractor assigned by Lessor. 6 5. Lessee will not at any time or place permit refuse, garbage, packing cases or cartons, cleaning supplies or equipment outside the demised premises, except upon written approval of Lessor and except in designated disposal areas. ARTICLE XI - Maintenance, Control and Expense of Common ,Areas All costs and expenses ( "Common Area Maintenance Costs ") incurred by Lessor in connection with the maintenance of the building on the property and the common areas shall be charged and prorated in the manner stated below. It is understood and agreed that the term "Common Area Maintenance Costs" shall mean all sums expensed by Lessor for payment of all work deemed necessary by Lessor for the management, operation, maintenance, replacement and repair of the buildings on the property and its common areas, including the following (the specific recitation of which shall not be deemed to limit the definition of such costs and expenses): painting, janitorial services; maintenance, repair and replacement when necessary of sidewalks curbs, bumpers, signs, planting and landscaping, and lighting and other utilities; resurfacing, restriping, cleaning and sweeping the parking areas; operation, maintenance and repair of any common fire protection systems, automatic sprinkler systems and storm drainage systems; personnel to implement such services including but not limited to the cost of security guards; police and fire protection services; any taxes and assessments imposed by governmental agencies; costs of utility services; depreciation on maintenance and operating machinery and equipment, if owned, and rental paid for such machinery and equipment if rented; public liability and property damage insurance on the common areas; all wage and labor costs (including salaries, wages, payroll and similar taxes; Social Security taxes, unemployment insurance costs, workers' compensation and other insurance and medical and other benefits) applicable to persons engaged in the management, operation maintenance, replacement and repair of the common areas; fuel; cost of repairing and replacing roofs; management fees of 5 %; and supplies for the provision of the foregoing services Lessor may cause any of such services or items to be provided by an independent contractor or contractors. The amount payable by Lessee to Lessor as additional rent shall be paid within ten CIO) days after each such billing is received. The amount payable by Lessee shall be based upon a fraction the numerator of which is the amount of floor area occupied by Lessee and the denominator is the amount of net leasable area of the building 0 multiplied by the total of such costs and expenses or other amount deemed to be costs and expenses. The Lessor has the right to require prepayment, in which event the annual amount shall be prorated and payable in equal monthly installments on the same day the rent is paid. The monthly estimated Common Area Maintenance charges shall not be less than 1 /12th of the actual charges for the Demised Premises for the preceding lease year. Annually and following Lessor's receipt of invoices and review of budget projections, Lessor may notify Lessee of any additional amount due and Lessee shall pay said additional rent within thirty (30) days after each such billing is received. If Lessee's monthly Common Area Maintenance payments exceed the actual Common Area Maintenance charges for the annual period covered by the actual Common Area Maintenance bill, such excess shall be credited against the next monthly installment of rent and additional rent and charges due. (SEE EXHIBIT ARTICLE XII - Utilities Lessee covenants and agrees to pay .for all public utility and other services rendered or furnished to the Demised Premises during the term hereof, including heat, water, gas, electricity, sewer rental, trash disposal and the like, together with all taxes levied or other charges on such utilities. In no event shall Lessor be liable for the quality, quantity, failure or interruption of such services to the Demised Premises. If such items are not separately metered for Lessee, then Lessee agrees to pay his proportionate share based upon a fraction the numerator of which is the amount of floor area occupied by the Lessee and the denominator is the amount of net leasable area of the building (excluding common area) multiplied by the total of such costs. % is 3.9% breakdown on page 17 ARTICLE XM - Destracdon by Fire or Casualty 1. If the Demised Premises shall be totally destroyed by fire or other casualty covered by the policy of fire and extended coverage insurance during the first two (2 years of this • Lease, and at least two (2) years remain on the Lease then Lessor shall replace the Demised Premises with a building containing space equal to the present leased space, and of the same general type of construction or better, the same to be done as soon as possible after the insurance adjustments, but in no event later than seven (7) months from the date of the receipt of said insurance adjustment. If such event occurs after said two 2 year period, then Lessor may rebuild but does not agree to do so unless Lessee, within thirty (30) days after receipt of insurance 7 adjustment by Lessor, enters into renewal of this Lease on the same terms and conditions for a period equal to the original term of this Lease, [but in no event less than three (31 years), to commence upon the date of the completion of such rebuilding. Otherwise, Lessor shall have the option to rebuild or of terminating this Lease. If partial destruction and tenant is not operational, no rent shall be due until tenant is able to fully open and operate. 2. In the event of total destruction of the Demised Premises as above mentioned, Lessee's rent shall completely abate from the date of such destruction until possession of the rebuilt Demised Premises is delivered to Lessee, but in the event of a partial destruction or damage whereby Lessee shall be deprived of the occupancy of only a portion of said premises, then minimum rent shall be equitably apportioned according to the area of the Demised Premises which is unusable by Lessee until such time as the Demised Premises shall be repaired or restored. ARTICLE SW - Lessee's Property in Demised Premises 1. All Lessee's personal property of every kind or description which may at any time be in the Demised Premises shall be at Lessee's sole risk, or at the risk of those claiming under Lessee, and Lessor shall not be liable for any damage to said property or loss suffered by the business or occupation of Lessee caused by water from any source whatsoever or from the bursting, overflowing or leaking of sewer or steam pipes or from the sprinkler system or from the heating or plumbing fixtures or from electric wires or from gas or odors caused in any manner whatsoever except as may result from and be caused by the negligence of Lessor. ARTICLE XV - Access to Demised Premises 1. Lessee agrees to permit Lessor or Lessor's agents to inspect or examine the Demised Premises at any reasonable time and to permit Lessor to make such repairs, decorations, alterations, improvements or additions in the Demised Premises or to the building of which the Demised Premises is a part, that Lessor may deem desirable or necessary or which Lessee has not covenanted herein to do or has failed so to do, without the same being construed as an eviction of Lessee in whole or in part and the rent shall in no wise abate while such decorations, repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Lessee because of the prosecution of such work Lessor will give 24 hours notice to inspect or examine premises to Lessee. 2. Lessor shall also have the right to enter upon the Demised Premises for a period commencing one hundred eighty (180) days prior to the termination of this Lease for the purpose of exhibiting the same to prospective tenants or purchasers. During said period Lessor may place signs in, or upon said premises to indicate that same are for rent or sale, which signs shall not be removed, obliterated or hidden by Lessee. ARTICLE IM - Surrender of Demised Premises 1. Lessee covenants and agrees to deliver up and surrender to the Lessor possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease, or may have been put by the Lessor during the continuance thereof, ordinary wear and tear and damage by fire or the elements excepted. Lessee shall also surrender all keys for the Demised Premises, as well as all building drawings and environmental reports of any kind relating to the Demised Premises. The foregoing shall require that Lessee cause the following (which is not an exclusive list) to be true as of the date of surrender: 1. All interior Iights are operational and burning. 2. All exhaust, ceiling and overhead fans are operational. 3. Demised Premises floor is broom swept and clean of all trash and materials. 4. Warehouse floor is cleaned of excessive oils, fluids and other foreign materials. 5. All electrical, plumbing, and other utilities which are terminated are disconnected, capped and/or terminated according to applicable building codes and all other governmental requirements. G. All electrical conduit and wiring in by Tenant specifically for Tenant's equipment are removed to originating electrical panel if Landlord so requires. 7. Interior and exterior doors are operational and in good condition. 8. All furniture, trash and debris are removed. 8 9. All pictures, posters, signage, stickers and all similar items are removed from all walls, windows, doors and other interior and exterior surfaces of the Premises. 1.0. Carpet areas are vacuumed. 11. All uncarpeted floors are swept. 12. All Tenant - installed computer cable is removed to point of origin. 13. All doors, windows, and miscellaneous hardware are operational. 14. Ceiling tiles, grid, light lenses, air grills and diffusers are in place with no holes or stains. 15. There are no broken windows or other glass items. 16. Bathroom, walls, floors, and fixtures are clean. 17. All plumbing fixtures are intact and operational and do not leak. 18. Walls are clean and any holes are properly and permanently patched. Acceptance of delivery of the Demised Premises or opening same for business shall be deemed conclusive evidence that the Demised Premises were in good order and condition at the commencement of the term of this Lease. 2. Lessee shall at Lessee's expense remove all property of Lessee and all alterations, additions and improvements as to which Lessor shall have made the election hereinbefore provided, repair all damage to the Demised Premises caused by such removal and restore the Demised Premises to the condition in which they were prior to the installation of the articles so removed. Any property not so removed and as to which Lessor shall have not made said election, shall be deemed to have been abandoned by Lessee and may be retained or disposed of by Lessor, as Lessor shall desire. Lessee's obligation to observe or perform this covenant shall survive the expiration of the term of this Lease. ARTICLE XVII - Indemnity and Insurance by Lessee 1. Lessee covenants and agrees that it will protect and save and keep the Lessor forever harmless and indemnified against and from any penalty or damage or charges imposed for any violation of any law or ordinance, whether occasioned by the neglect of Lessee or those holding under Lessee, and that Lessee will at all times protect, indemnify and save and keep harmless the Lessor against and from all claims, loss, cost, damage or expense arising out of or from any accident or other occurrence on or about the Demised Premises causing injury to any person or property, and will protect, indemnify, save and keep harmless the Lessor against and from any and all claims and against and from any and all loss, cost, damage or expense arising out of any failure of Lessee in any respect to comply with and perform all the requirements and provisions of this Lease or to comply with any government law, rule, or regulation. 2 Lessor covenants and agrees that it will protect and save and keep the Lessee forever harmless and indemnified against and from any penalty or damage or charges imposed for any violation of any law or ordinance, whether occasioned by the neglect of Lessor or thos holding under Lessor, and that Lessor will at all times protect, indemnify and save and keep harmless the Lessee against and from all claims, loss, cost, damage or expense arising out of or from any accident or other occurrence on or about the Cedar Cliff Mall causing injury to any person or property, and will protect, indemnify, save and keep harmless the Lessee against and from any and all claims and against and from any and all loss, cost, damage or expense arising our of any failure of Lessor in any respect to comply with and perform all the requirements and provisions of this Lease or to comply with any government law, rule or regulation. 3. Lessee agrees that, at its own cost and expense, it will procure and continue in force general liability insurance covering any and all claims for injuries to persons occurring in, upon or about the Demised Premises, including all damage from signs, glass, awnings, fixtures or other appurtenances now or hereafter erected on the Demised Premises during the term of this Lease, such insurance at all times to be in an amount of not less than One Million Dollars ($1,000,000) Combined Single Limit of Bodily Injury and Property Damage Liability. Such insurance shall be written with a company or companies authorized to engage in the business of general liability and property insurance in the state in which the Demised Premises are located. Cedar Cliff shall be a named as additional insureds on said policy, and there shall be delivered to the Lessor a copy of the insurance certificate and evidence that the contract premium has been paid. In the event Lessees fails to furnish such policies, or continue the same in full force and effect, the Lessor may obtain such insurance and the premiums on such insurance shall be deemed additional rent to be paid by the Lessee unto the Lessor upon demand. 4. The cost of all insurance for the Demised Premises shall be paid by the Lessee. Such costs shall be allocated among the tenants based upon a fraction the numerator of which is the amount of floor area occupied by the Lessee and the denominator is the amount of net leasable area of the shopping center multiplied by the total of such insurance costs. Such insurance shall be purchased by Lessor on a full 9 replacement cost basis, and include loss of rents insurance, and the premium for the same shall be paid by Lessee as additional rent within 10 days after billing for same. 5. Lessor and Lessee hereby agree that all insurance policies to insure the Demised Premises and the contents therein against casualty loss, and all liability policies which they shall carry pertaining to the use and occupancy of the Demised Premises shall contain waivers of the right of subrogation against Lessor and Lessee herein, their heirs, administrators, successors, and assigns. AR'T'ICLE XVM - Assignment and Subletting 1. Notice and Documentation; As conditions precedent to any assignment of the whole of Lessee`s interest in this Lease or subletting by Lessee of the whole or any part of the Demised Premises, (i) at least thirty (30) days prior to any proposed assignment or subletting Lessee shall submit to Lessor a statement containing: (a) the name and address of the proposed assignee or subtenant; (b) a financial statement of the proposed assignee or subtenant containing therein bank and other credit references; (e) the type of use proposed for the Demised Premises; and (d) all of the principal terms and conditions of the proposed assignment or subletting including, but not limited to, the proposed commencement and expiration dates of the term thereof and the amount of rent to be payable by the assignee or subtenant and a floor plan delineating the proposed, assigned or sublet area; and (ii) Lessee shall deliver to Lessor an original assignment or sublease executed by Lessee and the proposed assignee or subtenant on a form approved by Lessor which shall expressly provide (a) for the assumption by such proposed assignee or subtenant of all of Lessee's obligations under the terms of this Lease; (b) that Lessee shall indemnify and hold Lessor harmless from any and all claims, obligations and liabilities (including reasonable attorney's fees) arising from such assignee's or any portion thereof, whether such claim, obligation or liability arises from such assignee's or subtenant's conduct, activity, work or any other matter in, or about the Demised Premises and/or the Complex; (c) that Lessee shall further indemnify and hold Lessor harmless from any costs, obligations or liabilities (including reasonable attorney's fees) a rising from any act or negligence of such assignee or subtenant, or any officer, employee, agent or invitee of such assignee or subtenant, and from any claim, action or proceeding brought thereon; (d) that in no event shall Lessee, by reason of Lessor's approval of the assignment or sublease, be deemed relieved from any obligation or liability under the Lease, including, but not limited to, the obligation to obtain Lessor's consent to any further assignment or subletting; and (e) that such proposed assignment or subletting shall not be deemed effective for any purpose unless and until Lessor's written consent thereto is obtained. 2. Signs: Lessee shall not be permitted to advertise in any form its desire to assign or sublet its lease or Demised Premises unless Lessee has been given Lessor's prior written consent to do so. ARTICLE = - Eminent Domain I. In the event the Demised Premises or any part thereof shall be taken or condemned either permanently or temporarily for any public or quasi public use or purpose by any competent authority in appropriation proceedings or by any right of eminent domain the entire compensation award for both leasehold and reversion shall belong to the Lessor without any deduction therefrom for any present and future estate of Lessee, and Lessee hereby assigns to Lessor all its right, title and interest to any such award. .Lessee shall, however, be entitled to claim, prove and receive in such condemnation proceedings such award as may be allowed for fixtures and other equipment installed by it but only if such award shall be in addition to the award for the land and the building (or portion thereof) containing the Demised Premises. 2. If the entire Demised Premises shall be taken as aforesaid, then this Lease shall terminate and shall become null and void from the time possession thereof is required for public use and from that date, the parties hereto shall be released from further obligation hereunder but in the event a portion only of the Demised Premises itself shall be so taken or condemned then Lessor, at its own expense, shall repair and restore the portion not affected by the taking and thereafter the minimum rental to be paid by Lessee shall be equitably and proportionately adjusted. ARTICLE XX - Default by Lessee 10 If the Lessee Landlord shall notify Tenant in writing of Default (a) Does not pay in full when due (grace period of 5 days) any and all installments of rent and/ or other charge or payment herein reserved, included, or agreed to be treated or collected as rent and /or any other charge, expense, or cost herein agreed to be paid by the Lessee, or (b) Violates or fails to perform or otherwise breaks any covenant or agreement herein contained; and fails to cure said violation within 10 days or (c) Vacates the Demised Premises or removes or attempts to remove or manifests an intention to remove any goods or property therefrom otherwise than in the ordinary and usual course of business without having first paid and satisfied the Lessor in full for all rent and other charges then due or that may thereafter become due until the expiration of the then current term, above mentioned; or (d) Becomes insolvent, or makes an assignment for the benefit of creditors, or if a petition in bankruptcy is filed by or against Lessee or a complaint in equity or other proceedings for the appointment of a receiver for Lessee is filed, or if proceedings for reorganization or for composition with creditors under any State or Federal la%v be instituted by or against Lessee, or if the real or personal property of Lessee shall be levied upon or be sold, or if for any other reason Lessor shall, in good faith, believe that Lessee's ability to comply with the covenants of this Lease, including the prompt payment of rent hereunder, is or may become impaired, thereupon: (1) The whole balance of rent and other charges, payments, costs, and expenses herein agreed to be paid by Lessee, or any part thereof, and also all costs and officer's commissions including watchmen's wages shall be taken to be due and payable and in arrears as if by the terms and provisions of this Lease said balance of rent and other charges, payment, taxes, costs and expenses were on that date, payable in advance. Further, if this Lease or any part thereof is assigned, or if the Demised Premises, or any part thereof is sub- let, Lessee hereby irrevocably constitutes and appoints Lessor as Lessee's agent to collect the rents due from such assignee or sub - lessee and apply the same to the rent due hereunder without in any way affecting Lessee's obligation to pay any unpaid balance of rent due hereunder; or (2) At the option of Lessor, this Lease and the terms hereby created shall determine and become absolutely void without any right on the part of Lessee to reinstate this Lease by payment of any sum due or by other performance of any condition, term, or covenant broken; whereupon, Lessor shall be entitled to recover damages for such breach in an amount equal to the amount of rent reserved for the balance of the term of this Lease, less the fair rental value of the said Demised Premises for the remainder of the Lease term. In the event of any default as above set forth, Lessor, or anyone acting on Lessor's behalf, at Lessor's option: (a) May let said Demised Promises or any part or parts thereof to such person or persons as may, in Lessor's discretion, be best; and Lessee shall be liable for any loss of rent for the balance of the then current term. Any such re -entry or re- letting by Lessor under the terms hereof shall be without prejudice to Lessor's claim for actual damages, and shall under no circumstances, release Lessee from liability for such damages arising out of the breach of any of the covenants, terms, and conditions of this Lease. (b) May proceed as a secured party under the provisions of the Uniform Commercial Code against the goods in which Lessor has been granted a security interest. (c) May have and exercise any and all other rights and /or remedies, granted or allowed landlords by any existing or future Statute, Act of Assembly, or other law of this state in cases where a landlord seeks to enforce rights arising under a lease agreement against a tenant who has defaulted or otherwise breached the terns of such lease agreement; subject, however, to all of the rights granted or created by any such Statute, Act of Assembly, or other law of this state existing for the protection and benefit of tenants; and (d) May have and exercise any and all other rights and remedies contained in this Lease agreement. 11 Lessee covenants and agrees that if the rent/or any charges reserved in this Lease as rent ('including all accelerations of rent permissible under the provisions of this Lease) shall remain unpaid ten (I0) days after the some is required to be paid, then and in that eve#, Lessor may cause Judgment to be entered against Lessee, and for that purpose Lessee hereby authorizes and empowers Lessor or any Prothonotary, Clerk of Court or Attorney of any Court of Record to appear for and confess judgment against Lessee and agrees that Lessor may commence an action pursuant to .Pennsylvania .Rules of Civil .Procedure No_ 2950 et seq. for the recovery from Lessee of all rent hereunder (including all accelerations of rent permissible under the provisions of this Lease) and/orfor all charges reserved hereunder as rent, as well asfor interest and costs and Attorney's commission, for which authorization to confess judgment, this Lease, or a true and correct copy thereof, shall be sufficient warrant. Such Judgment may be confessed against Lessee for the amount of rent in arrears (including all accelerations of rent permissible under the provisions of this Lease) and/or for all charges reserved hereunder as rent, as well as far interest and costs; together with an attorney's commission offive percent (5 %) of the full amount of Lessor's claim against Lessee. Neither the right to insiitute an action pursuant to Pennsylvania Rules of Cavil Procedure No. 2950 et seq. nor the authority to confess judgment granted herein shall be exhausted by one or more exercises thereof, but successive complaints may be filed and successive Judgments may be entered for the aforedescribed sums five days or more after they become due as well as after the expiration of the original term and/or during or after expiration of any extension or renewal of this Lease. The above Confession of Judgement shall remain in effect as long as the Lessee occupies the space including renewal periods and shall pertain to any assignee or subtenant of the Lessee. ,Lessee covenants and agrees that if this Lease shall be terminated (either because of condition broken during the term of this Lease or any renewal or extension thereof and /or when the term hereby created or any extension thereof shall have expired) then, and in that event, Lessor may cause a judgment: in ejection to be entered against Lessee for possession of the Demised Premises, and for that purpose Lessee hereby authorizes and empowers any Prothonotary, Clerk of Court or Attorney of any Court of Record to appear for Lessee and to confess judgment against Lessee in Ejectment for possession of the herein Demised Premises, and agrees that Lessor may commence an action pursuant to Pennsylvania Rules of Procedure No. 2970 et seq. for the entry of an order in Ejectment for the possession of real property, and Lessee .further agrees that a Writ of Possession pursuant thereto may issue forthwith, for which authorization to confess judgment and for the issuance of a writ or writs of possession pursuant thereto, this Lease, or a true and correct copy thereof, shall be sufficient warrant. Lessee further covenants and agrees, that if for any reason whatsoever, after said action shall be commenced the action shall be terminated and the possession of the Demised Premises demised hereunder shall remain in or be restored to Lessee, Lessor shall have the right upon any subsequent default or defaults, or upon the termination of this Lease is above set forth to commence successive actions for possession of real property and to cause the entry of successive judgments by confessions in Ejectment for possession of the remised Premises demised hereunder. to any procedure or action to enter Judgment by Confession for Money or to enter Judgment by Confession in Ejectment for possession of real property if Lessor shall first cause to be filed in such action an affidavit or averment of the facts constituting the default or occurrence of the condition precedent, or event, the happening of which default, occurrence, or event authorizes and empowers Lessor to cause the entry of judgment by confession, such affidavit or averment shall be conclusive evidence of such facts, defaults, occurrences, conditions precedent, or events, and if a true copy of this Lease (and of the truth of which such affidavit or averment shall be sufficient evidence) be filed in such procedure or action, it shall not be necessary to file the original as a Warrant of Attorney, any rule of court, custom, or practice to the contrary not withstanding. Lessee hereby releases to Lessor and to any and all attorneys who may appear for Lessee a] I errors in any procedure or action to enter Judgment by Confession by virtue of the warrants of attorney contained in this Lease, and all liability therefore, Lessee further authorizes the Prothonotary or any Clerk of any Court of Record to issue a Writ of Execution or other process, and further agrees that real estate may be sold on a Writ of Execution or other process. If proceedings shall be commenced to recover possession of the Demised Premises either at the end of the term or sooner termination of this Lease, or for nonpayment of rent or for any other reason, Lessee specifically waives the right to the three (3) months notice to quit and/or the fifteen (15) or thirty (30) days notice to quit required by the Act of April 6, 1951, P.L. 69, as amended, and agrees that five (5) days notice shall be sufficient in either or any such case. The right to enter judgment against Lessee by confession and to enforce all of the other provisions of this Lease herein provided for may at the option of any assignee of this Lease, be exercised by any assignee of the Lessor's right, title and interest in this Lease in his, her, or their own name, any statute, rule 12 of court, custom, or practice to the contrary notwithstanding. All of the remedies hereinbefore given to Lessor and all rights and remedies given to it by law and equity shall be cumulative and concurrent. No determination of this Lease or the taking or recovering possession of the Demised Premises shall deprive Lessor of any of its remedies or actions against the Lessee for rent due at the time or which, under the terms hereof would in the future become due as if there had been no determination, nor shall the bringing of any action for rent or breach of covenant, or the resort to any other remedy herein provided for the recovery of rent be construed as a waiver of the right to obtain possession of the premises_ ARTICLE 7XI - Waiver of Lessee's Default No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease shall be taken to constitute a waiver of any subsequent breach of such covenant or condition nor to justify or authorize the non - observance on any other occasion of the same or of any other covenant or condition hereof, nor shall the acceptance of rent by .Lessor at any time when Lessee is in default under any covenant or condition hereof, be construed as a waiver of such default or of Lessor's right to terminate this Lease on account of such default, nor shall any waiver or indulgence granted by Lessor to Lessee be taken as an estoppel against Lessor, it being expressly understood that if at any time Lessee shall be in default in any of its covenants or conditions hereunder an acceptance by Lessor of rental during the continuance of such default or the failure on the part of Lessor promptly to avail itself of such other rights or remedies as lessor may have, shall not be construed as a waiver of such default, but Lessor may at any time thereafter, if such default continues, terminate this Lease on account of such default in the manner hereinbefore provided. ARTICLE MM - Default of Lessor Lessor shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Lessor shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct any such default) after notice to Lessor by Lessee properly specifying wherein Lessor has failed to perform any such obligations. Provided, however, that if the holder of record of the first mortgage covering the Demised Premises shall have given prior written notice to Lessee that it is the holder of said first mortgage and that such notice includes the address at which notices to such mortgagee are to be sent, then Lessee agrees to give to the holder of record of such first mortgage notice simultaneously with any notice given to Lessor to correct any default of Lessor as hereinbbove provided and agrees that the holder of record of such first mortgage shall have the right, within sixty (60) days after receipt of said notice, to correct or remedy such default before Lessee may take any action under this Lease by reason of such default. ARTICLE XXIIII - Limitation of Liability and Transfer of Lessor's Interest A. Limitation on Liability: The liability of Lessor to Lessee for any default by Lessor under this Lease or arising in connection herewith or with Lessor's operation, management, leasing, repair, renovation, alteration, or any other matter relating to the Demised Premises, or any Complex of which it is part, shall be limited to the interest of Lessor in the Demised Premises and Complex (if any). Lessee agrees to look solely to Lessors interest in the Demised Premises and Complex (if any) for the recovery of any judgment against Lessor, and Lessor shall not be personally liable for any such judgment or deficiency after execution thereon. The limitations of liability contained in this provision shall apply equally and inure to the benefit of Lessor's present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective trustees, beneficiaries,, partners, heirs, successors and assigns. Notwithstanding the foregoing to the contrary, Lessor shall have personal liability for insured claims, beyond Lessor's interest in the Demised Premises and Complex to the extent of Lessor's liability insurance coverage available for such claims. B. Release from Indlvldual Liability: It is expressly understood and agreed that nothing contained in this Lease shall be construed as creating any liability whatsoever against Lessor's Manager or any of the partners of '.Uessor personally, and in particular, without limiting the generality of the foregoing, there shall be no personal liability of Lessor's Manager or any of the partners of Lessor to pay any indebtedness accruing under this Lease or to perform any term, covenant, condition or agreement, either express or implied, contained in this Lease, or to keep, preserve or sequester any property of Lessor. The 3.3 personal liability of Lessor's Manager or of said partners, if any, is hereby expressly waived by Lessee and by every person now or hereafter claiming any right or security hereunder, and the owner of any interest, indebtedness or liability accruing under this Lease shall look solely to Lessor, the building and the real property of which the Demised Premises forms a part for payment C. Transfer of Lessor's Interest; .Lessor and each successor to Lessor shall be fully released fxorn the performance of Lessor's obligations subsequent to their transfer of Lessor's interest in the Demised Premises and/or the Complex, if such berm is defined in this Lease. Lessor shall not be liable for any obligation imposed by this Lease after a transfer of its interest in the Demised Premises and/or the Complex. ARTICLE XXW - Estoppel Certificate by Lessee Lessee agrees at any time within ten (10) days of Lessor's written request to execute, acknowledge and deliver to Lessor a written statement certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the dates to which the basic rent and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this Article may be relied upon by an prospective purchaser or mortgagee of the fee of the Demised Premises. ARTICLE XXV - Option to Renew The Lessee is hereby granted an option to extend this Lease for two (2) additional periods of three (3) years each on the same terms, conditions and rent. The .Lessee shall notify the Lessor in writing six (6) months prior to the expiration of the then current term of its intention not to extend said Lease, Lease will automatically terminate The within option to extend this Lease may not be exercised by an assignee or sublessee of the Lessee, and such assignee or sublessee shall vacate the Demised Premises at the end of the then current period. In the event that .Lessee shall give notice, as stipulated in this Lease, of intention to vacate the Demised Premises at the end of the present term, or any renewal or extension thereof, and shall fail or refuse so to vacate the same on the date designated by such notice, then it is expressly agreed that Lessor shall have the option either (a) to disregard the notice so given as having no effect, in which case all the terms and conditions of this Lease shall continue thereafter with full force precisely as if such notice had not been given, or (b) Lessor may, at any time within thirty days after the present term or any renewal or extension thereof, as aforesaid, give the said Lessee ten days written notice of his intention to terminate the said Lease; whereupon the Lessee expressly agrees to vacate said Demised Premises at the expiration of the said period of ten days specified in said notice. All powers granted to Lessor by this Lease may be exercised and all obligations imposed upon Lessee by this Lease shall be performed by Lessee as well during any extension of the original term of this Lease as during the original tern itself. In the event Lessee fails to vacate the Demised Premises at the end of the lease term with no provision for an extension option without the execution of a nevV lease, at option of Lessor, Lessee shall become a Lessee from month -to -month of the Demised Premises, or part thereof occupied at twice the greater of (i) Base Rent or (ii) the then fair market rental value of the Demised Premises, and under all other terms, conditions, provisions and obligations of this Lease insofar as the same are applicable to a tenancy from month-to- month. ARTICLE XXVI - Quiet Enjoyment ,Lessor covenants and agrees that if Lessee pays the fixed minimum rental and other charges herein provided and shall perform all of the covenants and agreements herein stipulated to be performed on the Lessee's part, Lessee shall, at all times during said term, have the peaceable and quiet enjoyment and possession of said Demised Premises without any manner of hindrance from Lessor or any persons lawfully claiming through Lessor, except as to such portion of the Demised Premises as shall be taken under the power of eminent domain. ARTICLE XXVII - Subordination This Lease is and shall be subject and subordinate at all times to the lien of any mortgages which at any time may be made liens upon the Demised Premises; provided, however, that Lessor shall use its best efforts to have the holder of any such mortgage agree such that so long as Lessee shall not be in 14 default in the performance of its obligations under this Lease, neither this Lease nor Lessee's right to remain in exclusive possession of the Demised Premises shall be affected or disturbed by reason of any default under any such mortgage and, if such mortgage shall be foreclosed, this Lease and all Lessee's rights and obligations hereunder shall survive such foreclosure and continue in full force and effect. Lessee shall execute and deliver upon demand any.further instrument or instruments confirming the subordination attornment of this lease to the lien on any such mortgage if requested to do so by Landlord with the consent of the Mortgagee. ARTICLE XXVIII - Titles of Articles The titles of the articles throughout this Lease are for convenience and reference only, and such titles shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this instrument. ARTICLE ICXJX - Notices All statements and notices to be given under this Lease shall be in writing and given in person or by registered or certified mail, return receipt requested, postage paid, addressed to the proper party at the following address: (a) If to Lessor: Cedar Cliff., L.P. 2555 Kingston Rd., Suite 180 York, Pa 17402 (b) If to Lessee; Mary E Hooper 1. 3 6 N 26`'' Street Camp Hill, Pa 1 7011 ARTICLE MM - Definition of Terms 1. "Lease Year ", as used herein, shall mean each twelve month period beginning with the first day of the term of this Lease, and each yearly anniversary thereof, provided the commencement of the term of this Lease is on the first day of the month. If the term of this Lease commences on any day other than the first day of the month then "Lease Year" shall begin on the first day of the month following the end of the month during which the term of this Lease commences. 2. For the purpose of this Lease "Floor Area" shall be deemed to mean the actual number of square feet of floor space within the exterior faces of the exterior walls (except party walls and walls between space occupied by two or more separate occupants, in either of which cases the center of the wall in question shall be used instead of the exterior face thereof) of all floor, basements and mez7anines of the Demised Premises without deduction or exclusion for any space occupied by or used by columns, stairs or other interior construction or equipment. 3. As used in this indenture of Lease and when required by the context, each number (singular or plural) shall include all number, and each gender shall include all genders; and unless the context otherwise requires, the word "person" shall include "corporation, firm or association ". ARTICLE XXXI - Invalidity of Particular Provisions If any term or provision of this Lease or the application thereof to any person or circumstance shall to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. ARTICLE ND= - 'Provisions Binding All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties; and if there shall be more than one Lessee, they shall all be bound jointly and severally by the terms, covenants and agreements herein, and the word ".Lessee" shall be deemed and taken to mean each and every person or party mentioned as a Lessee herein, by the same one or more; and if there shal I be more than one Lessee, any notice required or permitted by the terns of this Lease may be given by or 15 to any one thereof, and shall have the same force and effect as if given by or to all thereof. The words "his" and "him" whenever stared herein, shall be deemed to refer to the "Lessor" or "Lessee" whether such Lessor or Lessee be singular or plural and irrespective of gender. No rights, however, shall inure to the benefit of any assignee of Lessee unless the assignment to such assignee has been approved by Lessor in writing as aforesaid. ARTICLE X 0CM - Relationship of Parties Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between Lessor and Lessee, it being expressly understood and agreed that neither the computation of rent nor any other provisions contained in this Lease nor any act or acts of the parties hereto shall be deemed to create any relationship between Lessor and Lessee other than the relationship of landlord and tenant. ARTICLE XXXL'V - Complete Agreement This writing contains the entire agreement between the parties hereto, and no agent, representative, salesman or officer of Lessor hereto has authority to make or has made any statement, agreement or representation, either oral or written, in connection herewith, modifying, adding or changing the terms and conditions herein set forth. No dealings between the parties or custom shall be permitted to contradict various additions to or modify the terms hereof. No modification of this Lease shall be binding unless such modification shall be in writing and signed by the parties hereto. IN TESTIMONY WHEREOF, the Lessor and Lessee, intending to be legally bound, have caused this Lease to be signed in triplicate, upon the day and year first above written. Sign in the presence of. LESSOR: Cedar Cliff, L.P. Witness: A Pennsylvania Limited Partnership By :o, � _... LESSEE: ,ptt t. . By- _ a lizabe Hooper Title: EXHIBIT "B'° TERM CON fNIENCEMENT, EXPIRATION AGREEMENT AND COMMON AREA COSTS 16 EXIIIBIT "B" TERM CC)mmENCEMENT EXPIRATION AGREEMENT ANp COMMON AREA COSTS THIS AGREEMENT, made this day of Aul 2004 by and between Cedar Cliff, L-P., a Pennsylvania Corporation, (herein "LANDLORD'S and Mary E Hooper, (herein "TENANT "). WITNESSETH: WI- MREAS, LANDLORD and TENANT have entered into that certain Lease dated ( "Lease ") for the Premises located at 1104 Carlisle Rd Camp Hill Pa 17011 and WHEREAS, LANDLORD and TENANT wish to set forth their agreements as to the commencement of the Term of this Lease. NOW, THEREFORE, in consideration of the Demised Premises as described in this Lease and the covenants set .forth therein, LANDLORD and TENANT agree as follows: 1_ The Initial Term of this Lease commenced within 30 days from approved L & I plan approval 2. The Initial Term of this Lease shall expire three veam from rent commencement. 3. TENANT has two (2) options of three (3) years each which are to be exercised by the Presentation of p.otice to LANDLORD by no later than (a) , with respect to the First Option; (b) with respect to the Second Option_ 4. TENANT's obligation to pay Rent under this Lease Agreement commenced on 5. Square footage contained in (a) Premises: 1,600 (Size to be deteznninesl- y a licensed architect, to include common areal (b) Shopping Center: 50.186 (e) TENANT's Share: 3.19% 5. Monthly rents payable during the First Lease Year are as follows: 1 (a) Rent: $1.400.00 2 (a) Roof, parking, repairs, common lights $ 92.80 (b) Taxes: $ 109.58 (e) Insurance: & (d) Other: snow, landscape, lot cleaning $ 100.00 TOTAL MONTHLY CAM'S $ 333.33 - 2.50 /so ft ($4,000.00 annual) MONTHLY SIGNAGE $ 54.16 TOTAL • MONTHI,Y $1,787.49 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LANDLORD: TENANT: Cedar Cliff L.P. By .. n E. D y 's �1VI ry Elizabeth H per Date: Date: 17 7- 07 -20d 3:38PM FROM 717221116E p_1 Peat- r PAX Note 7671 Date -7 To h �� prom' Codompl. '���1 Co. Phoflo K C Pho�o A .. • '7 Cb IF E:l Z na¢ J 5. I ML. ff— .......... s , • - I H •1 � I I / ; l TOTAL ARF-A! 1,699 SQ FT. pwOn V• ?1EC w.Rr I.OfT NMat • asvoa BGALE: NOT TO SGAL �svrtvutce rJC��O�•04 NOR7M A home telephone number of c71 - 68 - 7,2-and a Social Security Number of 17P - 3 to Cedar Cliff L.P. ( "Landlord "), having as address at 2555 Kingston Rd. , Suite 180, York, Pa 17402. WHEREAS, Landlord has leased to a ( "Tenant ") certain space, (the "Premises') located in . pursuant to that certain lease by and between Landlord and Tenant dated as of , 2004 (the "Lease'7); WHEREAS, Guarantor is materially benefited by the Lease, and the undertakings by Guarantor to execute and deliver this Guaranty is a material inducement to Landlord to enter into this Lease. NOW, THEREFORE, Guarantor agrees with Landlord as follows: 1. Guarantor unconditionally and irrevocably guarantees that all sums stated in the Lease to be payable by Tenant shall be promptly paid in full when due in accordance with the Lease and that Tenant shall perform and observe its covenants thereunder. If any such sum or covenant is not timely paid, performed or observed, then Guarantor shall, promptly after notice thereof and prior to the expiration of any applicable grace period specified in the Lease, pay, perform or observe the same regardless. of (a) any defense or right of offset or counterclaim which Tenant or Guarantor may have or assert against Landlord, (b) whether Landlord shall have taken any steps to enforce any rights against Tenant or any other person, (c) termination of the Lease as a result of Tenant's default, or (d) any other condition or contingency. Guarantor shall also pay all expenses of collecting such sum or any part thereof or of otherwise enforcing this Guaranty, including reasonable attorney fees. This Guaranty is irrevocable, unconditional and absolute. 2. Guarantor's obligation and covenants under this Guaranty shall in no way be affected or impaired by reason of the happening from time to time of any of the following, whether or not Guarantor has been notified thereof or consented thereof, (a) Landlord's waiver of the performance or observance by Tenant, Guarantor or any other party of any covenant or condition contained in the Lease or this Guaranty; (b) any extension, in whole or in part, of the time for payment by Tenant or Guarantor of any sums owing or payable under this Lease or this Guaranty, or of any other sums or obligations under or arising out of or on account of the Lease or this Guarantor; (c) the renewal or extension of the term of the Lease, or any holdover beyond the term of the Lease; (d) any assignment of the Lease or subletting of the Premises or any part thereof; (e) any modification or amendment (whether material or otherwise) of any of the obligation of Tenant or Guarantor under the Lease or this Guaranty; (f) the doing or the omission of any act referred to in the Lease or this Guaranty (including the giving of any consent referred to in the Lease or this Guaranty); (g) Landlord's failure or delay to exercise any right or remedy available to Landlord or any action on the part of Landlord granting indulgence or extension in any form whatsoever;(h) the voluntary or involuntary liquidation, dissolution, sale of any or all assets and liabilities, receivership, conservatorship, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, composition or rea.djustinent of or other similar proceeding affecting Tenant or Guarantor or any of Tenant's or Guarantor's assets; or (i) the release of Tenant or Guarantor from the performance or observation of any covenant or condition contained in the Lease or this Guaranty by operation of law. 3. WAIVER TO TIM EXTENT NOT PROHIBITED BYLAW, GUARANTOR HEREBY EXPRESSLY WANES (A) ANY RIGHT GUARANTOR MAY NOW OR HEREAFTER HAVE TO ANY HEARING PRIOR TO THE ATTACHMENT OF ANY REAL OR PERSONAL PROPERTY TO SATISFY GUARANTOR'S OBLIGATIONS, (B) THE BENEFITS OF ANY PRESENT OR FUTURE CONSTITUTION, STATUTE OR RULE OF LAW WHICH EXEMPTS PROERTY FROM LIABILITY FOR DEBT, AND (C) THE RIGHT TO TRIAL BY TURY IN ANY ACTION THAT MAY FIERF_AFTER BE INSTITUTED WITH RESPECT TO THIS GUARANTY. GUARANTOR IRREVOCABLY APPOINTS TENANT AS ITS AGENT FOR SERVICE OF PROCESS IN CONNECTION WITH THIS GUARANTY, THIS WAIVER IS KNOWINGLY INTENTIONALLY AND VOLUNTARILY MADE, AND GUARANTOR ACKNOWELDGES (I) THAT NEITHER LANDLORD, NOR ANY PERSON ACTING ON BEHALF OF LANDLORDM HAS MADE ANY REPRESENTATIONS OF FACT TO RIVMUCE THIS WAIVER OR IN ANY WAY MODIFY ITS EFFECT, AND (Il) THAT GUARANTOR HAS READ AND UNDERSTANDS THE MEANING AND RAMIFICATIONS OF THIS WAIVER PROVISION. 4. If this Lease is rejected or disaffirmed by Tenant or Tenant's trustee in bankruptcy pursuant to bankruptcy law or any other law affecting creditors rights, then Guarantor shall, and does hereby (without the necessity of any further agreement act) assume all obligations and liabilities of Tenant under the Lease to the same extent as if (a) Guarantor were originally named Tenant under this Lease, and (b) is there has been no such rejection or disaffirmance, Guarantor shall upon Landlord's request promptly confirm in writing such assumption. 5. Notice of acceptance of this Guaranty and notice of any obligations or liabilities contracted or incurred by Tenant are hereby waived by Guarantor. Guarantor hereby waives presentment, notice of dishonor, the benefit of any statute of limitations, protest and notice of non - performance. Until all the Tenant's obligations under the Lease are fully performed, Guarantor (a) waives any right Guarantor may have against Tenant by reason of Guarantor's compliance with this Guaranty, and (b) subordinates any liability of Tenant held by Guarantor to the obligation of Tenant to Landlord under the Lease. 6_ This Guaranty may not be modified or amended except by a written agreement duly executed by the parties hereto, and shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, personal representatives, successors and assigns. This Guaranty shall be governed by the laws of the jurisdiction in which the Premises are located, provided, however, that any action in any other proper forum, at the sole option of Landlord. 7. Guarantor's liability shall be primary and joint and several with Tenant. Landlord may proceed against Guarantor under this Guaranty without initiating or exhausting any right or remedy against Tenant, and may proceed against Tenant and Guarantor separately or concurrently. This is a guaranty of payment and not of collection. If more than one natural person and/or entity shall constitute Guarantor, then the liability of each such person and/or entity shall be joint and several. If Guarantor is a corporation, the person executing this Guaranty warrants and represents that this Guaranty (a) has been duly authorized by all necessary corporate action, (b) has been duly executed and delivered and (c) constitutes Guarantor's valid and binding agreement. S. Within ten (10) days after Landlord's written request, Guarantor shall execute and deliver to Landlord a written statement certifying any matter concerning this Guaranty of the Lease as Landlord may request. 9. Any notice which Landlord may elect to send shall be binding upon Guarantor if mailed to Guarantor's address -set forth above or last address known to Landlord, by United S_ tates certified or registered mail, return receipt requested. AEI WITNESS WHEREOF, Guarantor has caused this Guaranty to be executed as of the date First written. WI S: GU O . <�r q7 19 EXHIBIT `B" ANffiD DMFNT TO LEASE TMS !it AMENDN EEN'T TO LEASE (the "Amendment' is made as of the 21st day o December_ 2010 by and between Cedar Cliff L.P. ( "Landlord"), and —MM Rooper ( "Tenant "). RECYPALS A. Tenant has leased from Landlord approximately 1600 square feet of space (the `.eased Premises "), located in Cedar Cliff Mall, Camp Hill, Pennsylvania, pursuant to a certain. Lease Agreement dated April 8, 2004 (the %easel). B. Landlord and Tenant now wish to amend the Lease to reduce the option period of (3) three years down to (1) one year. An additional option period of (1) one year to be also included. A.GREE.WNTS NOW, THEREFORE, in consideration of the mutual covenants set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties intending to be legally bound, hereby amend the Lease as follows: 1. The foregoing Recitals are hereby restated and made a material part of this Amendment. 2. The term of the Lease is extended for (1) year. 3. All of the terms and conditions set forth in the original Lease shall continue throughout the Extension Term., except that Minimum Rent shall be payable as follows: Monthly Minim Estimated Lease period Rent Installments CAMS Total „1/1/11 thru 12/31/11 $1,514.00 $333,33 $1,847 4. Capitalized terms used but not defined in this Amendment shall have the same meanings ascribed to them in the Lease. 5. Except as expressly modified by the Amendment, the Lease and instrument shall continue in full force and effect in accordance with its original terms. 6. An additional option period of (1) one year to be included. Monthly minimum rent to be $ 1344.44 E0 /Z0 3Jdd 1W9W 31ViS NN3d ZT05L9LLU ZT :60 0T0Z /6Z /ZT a•. IN WITNESS WHEREOF, Landlord and Tenant have duly executed this 1st Amendment to Lease as of the day and the year first written above. LANDLORD: Cloister Shopping, Inc Glen=4 Partner WITNESS; ,yii K Davis WrTNESS TE NANT: � H oper 60/60 39Vd 1W9W 31.d.1S NN3d ZT09L54LTL Z1:60 0TOZ /6Z /ZT EXHIBIT "C" CEDAR CLIFF LP �;pg 2555 KINGSTON RD SUITE 180 Statement Date: Sep 11, 2013 YORK, PA 17402 Customer Account ID: HOOPMA Voice: 717- 757 -4036 Fax: 717 -757 -5012 To: MARY BETH HOOPER T^ 136 N 26TH STREET CAMP HILL, PA 17011 Amount Enclosed Date Due date 'Reference Paid Des cription Amount Balance 2127/12 3/3%12 2011CAM -09 Part 1,496.42 1,496.42 3/1112 3/6/12 3429 1,877.77 3,374.19 3115/12 3/20112 3444 179.70 3,553.89 3115/12 3/20/12 3455 131.41 3,685.30 4/1/12 416/12 3466 1,877.77 5,563.07 511112 516112 3481 Part 5.55 5,568.62 611/12 6 /6/12 3497 Part 5.56 5,574.18 7/1112 716112 3511 Part 4.77 5,578.95 811/12 8/6/12 3527 Part 4.77 5,583.72 8/20/12 8125112 CK2617FEE 20.00 5,603.72 8122112 8/22/12 CK2617FEE2 20.00 5,623.72 9/1112 9/6/12 3543 Part 4.7 5,628.49 9121112 9126112 CK2636FEE1 20.00 5,648.49 9/26112 10/11/12 3557 184.23 5,832.72 9126112 10111/12 3569 133.26 5,965.96 10/1112 10/6/12 3580 Part 4.77 5,970.75 10/15/12 11/1/12 3595 172.80 6,143.55 10/15/12 11/1112 3606 140.47 6,284.02 1111112 11/6/12 3617 Part 4.77 6,288.79 12/1/12 12/6/12 3632 Part 4.77 6,293.56 12/12/12 12/31/12 .3648 142.49 6,436.05 12/12/12 1/15/13 3659 161.36 6,597.41 1/1/13 1/6113 3669 Part 7.77 6,605.18 1/16/13 2/1/13 3688 169.40 6,774.58 LT OTAL Continued Y -- ".0-30 __ ' 31 - 60 61 -So O yer 90 days 20.00 1,877.77 2,271.39 16,309.14 �x CED CLIFF L 2555 KINGSTON RD .._ .. r.- .. _ ....._ .._......, _. ::a SUITE 180 Statement Date: Sep 11, 2013 YORK, PA 17402 Customer Account ID: HOOPMA Voice: 717 - 757 -4036 Fax: 717- 757 -5012 To: . MARY BETH HOOPER 136 N 26TH STREET CAMP HILL, PA 17011 Amount Enclosed Date - Due Date Refe rence Paid Descrip Amount Balance 1116113 2/1113 ^ 3699 152.02 6,926.60 2/1/13 2/6113 3710 Part 4.77 6,931.37 3/1113 316113 3726 1,877.77 8,809.14 3125/13 3/30/13 3741 1,846.69 10,655.83 411113 4/6113 3753 1,877.77 12,533.60 4/11193 4116113 CK2800FEE 20.00 12,553.60 5/1/13 5/6/13 3768 1,877.77 14,431.37 5/29113 6115113 3784 242.47 14,673.84 5/29113 6115/13 3794 151.15 14,824.99 6/1113 6/6113 3801 1,877.77 16,702.76 7/1/13 7/6/13 3818 1,877.77 18,580.53 811/13 8/6/13 3835 1,877.77 20,458.301 8/12/13 8/17/13 CK2879FEE2 20.00 20,478.30 TOTAL 20,478.30 0 -3D. :.'. : 31 -.60 61 =9Q over 90 days 20.00 1,877.77 ^ — 2,271.39 16,309.14 VERIFICATION t, 'Vincent 'Weichert, authorized ::: agent of the .Plaintiff above - named, being duly sworn. according to law, -deposes that the facts set forth in the foregoing Comply ntore trite an correct .to the best of my, knowledge, information, and belief. The undersigned understands that the statements inane therein are made, subject to the penalties of 18. Pa. C.S. §4904 relating to u:nsworn falsification. to authonties:. �. Date. intent Weichert SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff pyatr ot Cumber, i Jody S Smith Chief Deputy C1CT 16 # " If Richard W Stewart Solicitor OFrI E -PE SkERiFF PENNSYLVANIA Cedar Cliff, L.P. Case Number vs. Mary E. Hooper 2013-5713 SHERIFF'S RETURN OF SERVICE 10/11/2013 09:07 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Mary E. Hooper at 136 N. 26th Street, Camp Hill Borough, Camp Hill, 70 1 011. ' • v GUTS "2"—, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, it October 14, 2013 RONNY R ANDERSON, SHERIFF ic,Cou.^.ty5u c Shentf,Te osoft . c.