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14-1165
COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT I t, COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ AD RESS Or APPELLANT CITY TATE ZIP CODE J� n ' s'T 6 7 DATE OF JUDGMENT IN THE CAA�F (Plaintiff) (De =na V5 Kati DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT - 0M301-C I -oo 00) Cg 2013 � This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) In action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of P,"oth or. otary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon n 6 o appellee(s), to file a complaint in this appeal �'. Nam- of appellees) (Common Pleas No. �`T / v� ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To -r36 appellee(s) ame of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service-of this rule if service was by mail is the date of the mailing. Date: r Signature of Prothonotary or YOU MUST INCLUDE A COPY OF THE tWMA } UNRWENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312 -05 `1 � :E Wd 9? 83J WZ e?sS COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil. COUNTY OF CUMBERLAND " � Case Mag. Dist. No: MDJ- 09 -3 -01 1360 MDJ Name: Honorable H. Anthony Adams V Address: 35 West Orange Street Keck Computer Management, John Keck Shippensburg, PA 17257 Telephone: 717- 532 -7676 John Keck Docket No: MJ- 09301 -CV- 0000166 -2013 9 West King Street Case Filed: 11/20/2013 Keck Computer Management Shippensburg, PA 17257 Disposition Summary - (cc C-ross ,Iaint) __ - - Docket No Plaintiff Defendant Disposition _Disposition Date MJ- 09301 -CV- 0000166 -2013 1360 John Keck Default Judgment for Plaintiff 01128/2014 MJ- 09301 -CV- 0000166 -2013 1360 Keck Computer Management Withdrawn 01/28/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount 1360 $0.00 $0.00 $0.00 John Keck $0.00 $8,968.50 $8,968.50 Keck Computer Management $0.00 $0.00 $0.00 .. . _...° ___.... _..M. ._._..... - - Judgment Findi __..._ ..._.__ __............._ . _ ......... g g { *Post Judgment) _......_._...._.,.......__ ..._.._,.,_ ... ..._..__...,.. __...._......._..._._....,...., In the matter of 1360 vs. John Keck on MJ- 09301 -CV- 0000166 -2013, on 1/28/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $8,800.00 $8,800.00 Filing Fees $0.00 $168.50 $168.50 Grand Total: $8,968.50 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. I Date Magisterial District Judge H. Anthony Adams X I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 01/28/2014 10:22:06AM x 1360 Docket No.: MJ- 09301 -CV- 0000166 -2013 V. ,,kk Computer Management, John Keck Participant List Plaintiff(s) 1360 442 Stouffer Ave Chambersburg, PA 17201 Defendant(s) Keck Computer Management 9 West King Street John Keck Shippensburg, PA 17257 John Keck 9 West King Street Keck Computer Management Shippensburg, PA 17257 MDJS 315 Page 2 of 2 Printed: 01128/2014 10:22:06AM THE PRO 'HON. 2014 MR —5 Pty CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (11 0) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cif m /xi V NJ i-- - - - - -- ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ❑ a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service)' —2t`P 2014 , X by personal service ❑ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name y Qon U)^ S 20 fi personal service sender's receipt attached hereto. by (certified) (registered) mail, (SWO N) FIRMED) AND SUBSCRIBED BEFORE ME THI DAY OF • 2( -- 1/37/,f Signature of official befor hom affi vit was made 0.7y- Signature of affiant 51174okL'f My commission & u» on �`�`. (� Prothonotary, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018 AOPC 312A - 05 Supreme Courtof Pennsylvania Court of Common Pleas • ' Ciwil Cover Sheet Cu rland County For Prothonotary Use Only: Petition Declaration of Taking Docket No: iy.f /6� 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: Petition Declaration of Taking 12 Complaint ■ Writ of Summons lr $ Transfer from Another Jurisdiction $ Lead Plaintiff's Name: i360, LP Lead Defendant's Name: Keck Computer Management & John Keck Dollar Amount Requested: 12 within arbitration limits Are money damages requested? 12 Yes $ No (check one) ■ outside arbitration limits Is this a Class Action Suit? • Yes 12 No Is this an MDJAppeal? III Yes I1 No Name of Plaintiff/Appellant's Attorney: ,/�i� i li Check here if you have no att rney (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) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander /Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card Debt Collection: Other Rents, Fees, Utilities 12 ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other ❑ Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections ❑ Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law /Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non - Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 P 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i360, LP CIVIL ACTION — LAW Plaintiff vs. Keck Computer Management, and John Keck Defendants To the Defendants • NO. 14 -1165 Civil Term NOTICE TO DEFEND 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 FILLING 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 JUDGEMENT 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 PEOPERTY 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 WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1 -800- 990 -9108 717 - 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i360, LP CIVIL ACTION — LAW Plaintiff VS. Keck Computer Management, and John Keck Defendants NO. 14-1165 Civil Term COMPLAINT NOW COMES, the Plaintiff, i360, a Limited Partnership, and respectfully sets forth the following: 1. Plaintiff, i360, LP, is a Pennsylvania Limited Partnership with a business address of 442 Stouffer Ave., Chambersburg, PA 17201. 2. Defendants are Keck Computer Management and John Keck, personally, with an address of 9 West King Street, Shippensburg, PA 17257. 3. Plaintiffs are in the business of renting commercial and residential real estate in Cumberland County, Pennsylvania and other areas. 4. The parties entered into an agreement to lease the premises located at 33 West King Street, Shippensburg, Pennsylvania, to the Defendants from the Plaintiff on September 17, 2010. A copy of said lease is attached hereto as Exhibit No. 1. 5. The original term of said lease was for a period of 24 and one half months, with 12 month automatic renewal periods following the original term. 6. The automatic renewal periods could be terminated by either party with 60 days written notice to the other side, prior to the end of the lease. 7. On January 5, 2013, the lease was into its second automatic renewal period, when the Defendants gave written notice that they were vacating the premise by January 31, 2013. Defendants stated they would leave the keys to the store on the front counter and discontinue paying any rent going forward. A copy of said termination letter is attached hereto as Exhibit No. 2. 8. Defendants immediately relocated their business just a few storefronts down the street from the location under this lease. 9. Defendants defaulted under the terms of the lease attached as Exhibit No. 1. 10. At the time of Defendants' default, the monthly lease rate was $1,100.00. 11. At the time of Defendants' default, there was 9 months and 0 days remaining on the second renewal period of the lease. 12. The Defendants have failed to pay any rent to Plaintiffs since the aforementioned default date. 13. A security deposit of $1,000.00 was applied to outstanding January 2013 rent of $1,100.00; thus leaving a balance of $100.00 for January 2013 rent. 14. The Defendants have failed to pay a total of $8,900.00 in direct rent during the default period; 9 months of rent, less the security deposit. 15. The lease provides for a five dollar per day late fee, and Defendants have failed to pay late fees for 273 days, for a total due in late fees of $1,365.00. 16. The lease provides for the Defendants to pay electric fees at the premises, but Defendants failed to pay any electric fees throughout the default period. 17. The total electric fees due pursuant to the lease from the Defendants to the Plaintiffs is $952.63. 18. The lease provides for the Defendants to be responsible for all snow removal, and Defendants have failed to pay snow removal fees in the amount of $50.00. 19. The total amount Defendants have failed to pay pursuant to the lease is $11,267.63, consisting of $8,900.00, in direct lease amount, $1,365.00 in late fees, $952.63 in electric fees, and $50.00 in snow removal fees. 20. The lease also provides for the Defendants to pay any costs of collecting the amount in default, including attorneys' fees and other expenses. WHEREFORE, Plaintiff requests that this Honorable Court find the Defendants in default and award $11,267.63, from the Defendants and to the Plaintiffs' along with the costs of collecting the above amount, including attorneys' fees and other expenses. Respectfully submitted, eiee Lan sh, Partner 1360, LP 442 Stouffer Ave, Chambersburg, PA 17201 717-264-1990 phone 717-262-1021 fax VERIFICATION I, Lane Thrush, a Partner in i360, LP, verify that the statements made in the within document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ' 4904 relating to unsworn falsification to authorities. 3/1 0/9 4011140. Date Lane hrush, Partner I360, LP Exhibk lJo.1 NON - RESIDENTIAL LEASE FOR REAL ESTATE PART ONE OF A TWO PART AGREEMENT This form recommended and approved for, but not restricted to use by, members of the Pennsylvania Association of REALTORSt9 when used with an approved addendum attached hereto. LC1 LESSOR'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER(Company) i360 PHONE (717) 264 -1990 ADDRESS FAX (717) 262 -1021 LICENSEE(S) Designated Agent? ❑ Yes ❑ No BROKER IS THE AGENT FOR LESSOR. Broker is NOT the Agent for Lessor and is a /an: ['AGENT FOR LESSEE C]TRANSACTION LICENSEE OR (if checked below): LESSEE'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) i360 PHONE (717) 264 -1990 ADDRESS FAX (717) 262 -1021 LICENSEE(S) Designated Agent? ❑ Yes ❑ No BROKER IS THE AGENT FOR-LESSEE. OR (if checked below): Broker is NOT the Agent for Lessee and is a /an: ['AGENT FOR LESSOR El SUBAGENT FOR LESSOR ❑TRANSACTION LICENSEE When the same broker is Broker for Lessor and Broker for Lessee, Broker is a Dual Agent. All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Lessor and Lessee. If the same Licensee is designated for Lessor and Lessee, the Licensee is a Dual Agent. Broker(s) may per- form services to assist unrepresented parties in complying with the terms of this Lease. 1 1. This Agreement, dated 2 is between i360 September 17, 2010 3 called "Lessor," and 4 Keck Computer Management . John Keck 5 called "Lessee." 6 2. PROPERTY 7 (A) Lessor agrees to lease to Lessee the premises known as 49 wear xing Ctreet-. Rhippenah,trg_ PA 17757 8 in the Borough of Shippensburct of Cumberland 9 County of in the Commonwealth of Pennsylvania, Zip Code 17257 10 with improvements consisting of 11 12 upon the following terms and conditions: 13 (B) Total rental for entire term payable to Lessor $ 25,700.00 14 (C) Payments in advance ❑ Monthly E3 in the amount of: $ See Special Clause 15 (D) Cash or check to be paid before possession by Lessee which is to be applied on account as follows: 16 Advance rent Sept 17, 2010 to Oct 30, 2010 Paid $ Due $ 1,500.00 17 On account of final payment of rent Paid $ Due $ 18 Security deposit (see paragraph 2 (f)) Paid $ Due $ 1,000.00 19 Credit report Paid $ Due $ 20 Pays a quarter of the monthly utility bill Paid $ Mlle $ 21 22 Totals - Paid to date Paid $ 23 Balance due before possession Due $ 24 25 (E) Adjusted payment of rent until regular due date, if any 26 (F) Security deposit 27 (G) Late charge if rent not paid within grace period Lessee Initials: Pennsylvania Association of REALTORS' LC1 Page 1 of 2 2,500.00 5 /day retro to 1st Lessor Initials: COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2007 03/07 i360 1137 Kennebec Drive Ste B Chambersburg, PA 17201 Phone: 717- 709 -7063 Fax: 717 - 262 -1021 Lane Thrush 25 W King Street Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zio ogix.com 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 3. 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 4. 81 82 83 (H) Due date for each payment 1st (I) Term of this lease 24 & 1/2 months (J) Commencement date of lease September 17, 2010 (K) Expiration date of lease September 31, 2012 (L) Required written notice to terminate this lease 60 Days (M) Renewal term if not terminated by either party 12 Months (N) Lessee will occupy premises ONLY as (0) Maximum number of occupants under this lease (P) Payments to be made promptly when due in U.S. Dollars to: ❑ Lessor © Broker for Lessor (Q) Utilities & services will be supplied as follows: Lessor Lessee (R) (S) pays D 0 0 pays ❑ Cold Water ❑ Hot Water ❑ Heat Electric ❑ Yearly Oil Burner Cleaning ❑ Water in Excess of yearly minimum Charge Snow Removal Lessor pays 0 0 0 0 Lessee pays ❑ Gas ❑ Lawn and Shrubbery Care ❑ Cesspool Cleaning Janitor Service 0 Unless otherwise stated, Lessee will pay the cost of any or all repairs of any kind whatsoever, occurring after commence- ment of this lease where the individual cost of each repair is less than $ 500.00 No pets or animals of any kind whatsoever will be permitted on or within the herein described premise excepting SPECIAL CLAUSES (A) Lessor and Lessee have received the Consumer Notice as adopted by the State Real Estate Commission at Code §35.336 and §35.337. Payment. Schedule September 17, 2010 - September 31, 2011 at $1000.00 /month = $12,500.00 collected October 1, 2011 - September 31, 2012 at $1100.00 /month = $1320b.00 collected (B) 49 Pa. ADDENDUM The Lessor and Lessee agree for themselves, their respective heirs and successors and assigns to the herein described terms and also to those set forth in the addendum attached hereto entitled "TERMS AND CONDITIONS," (PART TWO) all of which are to be regarded as binding and as strict legal conditions. Lessee Initials: 74°' LC1 Page 2 of 2 Lessor Initials: Produced with ZipForm0:0 by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 25 W King Street Special Clauses Taxes (5-72) Fire Insurance Premiums Sewer Rent Condition of Pavement Security Deposit (12 -85) Affirmative Covenants of Lessor Place of Payment Affirmative Covenants of Lessee (11 -74) Payment of Rent Late Charges (11 -74) Cleaning, Repairing, etc. Requirements of Public Authorities i360 1137 Kennebec Driv Phone: 717-709-7063 NON - RESIDENTIAL LEASE PART TWO OF A TWO -PART AGREEMENT TERMS AND CONDITIONS This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® Copyright Pennsylvania Association of REALTORS® 2007 LC2 5. (a) Lessee agrees to pay as rent in addition to the minimum rental herein received, all taxes, sewer rent, garbage and/or trash collection charges assessed or imposed upon the demised premises and/or the building of which the demised premises is a part during the term of this lease, in excess of and over and above those assessed or imposed at the time of making this lease. The amount due hereunder on account of such taxes shall be apportioned for that part of the first tax year, as assessed, and each subsequent tax year, as assessed thereafter during the term of this lease including extensions or renewals hereof. The same shall be paid by the Lessee to the Lessor as additional rent on or before sixty days from the Broker for Lessor's notice to the Lessee having been delivered as notice of any such tax increase. (b) Unless specified herein to the contrary, the percentage of any such tax increases to be paid by the Lessee hereunder shall be apportioned in accordance with that percentage which the Lessee's rent represents to the total income that the building would yield if fully leased. (c) Lessee further agrees to pay to Lessor as additional rent all increase or increases in fire insurance premiums upon the demised premises and/or the building of which the demised premises is a part, due to an increase in the rate of fire insurance in excess of the rate on the demised premises at the time of making this lease, if said increase is caused by any act or neglect of the Lessee or the nature of the Lessee's business. (d) Lessee further agrees to pay as additional rent, if there is a metered water connection to said premises, all sewer rental or charges for use of sewers, sewer system, and sewage treatment works servicing the demised premises in excess of the yearly minimum of such sewer charges, immediately when the same become due. (e) Lessee shall be responsible for the condition of the pavement, curb, cellar doors, awnings and other erections in the pavement during the term of this lease; shall keep the pavement free from snow and ice, and shall be, and hereby agrees that Lessee is solely liable for any accidents, due or alleged to be due to their defective condition, or to any accumulations of snow or ice. 6. The "security deposit" specified in Paragraph #2. (f) shall be held by Broker for Lessor as security for the performance of all the terms, covenants and conditions of this lease and for the cost of any trash removal, housecleaning and the cost of repairs and/or the correction of damage (which is, in the opinion of the Lessor and/or Broker for Lessor, in excess of normal wear and tear); otherwise, the "security deposit" or any balance thereof shall be returned after the Lessee has vacated and left the premises in an acceptable condition (following a personal inspection by Lessor and/or Broker for Lessor) and surrendered all keys to Broker for Lessor. If the Lessor determines that any loss, damage or injury chargeable to the Lessee hereunder, exceeds the security deposit, the Lessor at his option, may retain the said sum as liquidated damages or may apply the sum against any actual loss, damage or injury and the balance thereof will be the responsibility of the Lessee. Lessor's determination of the amount, if any, to be returned to the Lessee shall be final. It is further understood and agreed that the said security deposit is not to be considered as the last payment under the lease, however the rights of the Lessor shall not be hindered to retain the security deposit, or a portion thereof as payment on account of uncollected rents, if any. The aforementioned "security deposit" shall be paid to the Broker for Lessor who will deposit same in a separate custodial type account. Broker for Lessor shall keep records of all funds so deposited as required in accordance with the Act of February 19, 1980, P.L. 15, No. 9, Section 604 (63 P.S. 455.604). Said account will be clearly identified as required indicating the date and from whom he received money, the date deposited, the date of withdrawals and other pertinent information concerning this transaction. It is understood and agreed that should the property herein mentioned be sold, exchanged, transferred or conveyed to a new owner, that at the time of settlement, any money held as a security deposit shall be transferred to the new owner or his agent, to be continued to be held as a security deposit. 7. (a) If the Lessee so desires, Lessor, if possible, may make available to Lessee, without charge, a space in the building for the storage of goods and effects of Lessee. In consideration of the fact that no extra charge is made for the furnishing of such space by the Lessor, it is understood that Lessor shall not be liable for loss or damage to any stored goods through fire or theft or any cause whatever, and Lessee expressly releases Lessor as bailee or otherwise from all claims for any such loss or damage. It is farther understood that the use of storage space by the Lessee shall be limited to the time of the Lessee's occupancy, and that goods left over thirty days after the expiration of Lessee's occupancy may be sold for storage charges at public or private sale without further notice to Lessee. (b) The Lessor may furnish additional service not herein provided for but any such service shall be gratuitous unless otherwise agreed and shall not be an obligation of the Lessor or part of the consideration for the rent. 8. All rent shall be payable without prior notice or demand at the office of Lessor or Broker for Lessor as specified in paragraph #2. (p.). 9. Lessee covenants and agrees that he will without demand: (a) Pay the rent and all other charges herein reserved as rent on the days and times and at the place that the same are made payable, without fail, and if Lessor shall at any time or times accept said rent or rent charges after the same shall have become due and payable, such acceptance shall not excuse delay upon subsequent occasions, or constitute or be construed as a waiver of any of Lessor's rights. Lessee agrees that any charge or payment herein reserved, included, or agreed to be treated or collected as rent and/or any charges, expenses, or costs herein agreed to be paid by the Lessee may be proceeded for and recovered by the Lessor by legal process in the same manner as rent due and in arrears. (b) All rental payments are due and payable on the due date as specified in paragraph #2. (h) of this agreement or within five days thereafter (grace period) without penalty. However, after 5:00 P.M. on the fifth day after due date as aforementioned, any rental payment not paid in full will be subject to a late charge. Payments not made on or before 5:00 P.M. on the tenth day after due date, together with late charge, may be referred to Magisterial District Justice or Justice of the Peace for the collection and/or ejectment. (c) Keep the demised premises clean and free from all ashes, dirt and other refuse matter; replace all broken glass windows, doors, etc.; keep all waste and drain pipes open; repair all damages to plumbing and to the demised premises; in general, keep the same in as good order and repair as they are at the beginning of the term of this lease, reasonable wear and tear and damage by accidental fire or other casualty not occurring through negligence of Lessee or those employed by or acting for Lessee alone excepted. The Lessee agrees to surrender the demised premises in the same condition in which Lessee has herein agreed to keep the same during the continuance of this lease. (d) Comply with any requirements of any of the constituted public authorities, and with the terms of any State or Federal statute or local ordinance or regulation applicable to Lessee or his use of the demised premises, and save Lessor harmless from penalties, fines, costs or damages resulting from failure to do so. Pennsylvania Association of REALTORS' Ste B Chambersburg, PA 17201 Fax: 717- 262 -1021 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2007 11/99 Lane Thrush 25 W King Street Fire Surrender of Possession (11 -74) Notice of fire, etc. Pay for Gas and Electricity Indemnification Negative Cove- nants of Lessee Use of Premises Assignment and Subletting Signs Alterations Improvements Machinery Weights Fire insurance Removal of Goods Vacate Premises Upon Removal Lessor's Rights Inspection of Premises Rules and Regulations Sale, Rent, Signs and Prospects (11 -74) Discontinue Service, etc. Damage for Interrupted Use Representation of Condition Miscellaneous Agreements and Conditions Effect of Repairs or Rentals Waiver of Custom (e) Use every reasonable precaution against fire. (f) Peaceably deliver up and surrender possession of the demised premises to the Lessor at the expiration or sooner termination of this lease, promptly delivering to Lessor at his office, all keys for the demised premises, with all trash and personal belongings removed and building(s) broom -swept clean. (g) Give to Lessor prompt written notice of any accident, fire or damage occurring on or to the demised premises. (h) Promptly pay for all gas and electricity, water, heat, lawn care and services consumed in the herein demised premises during the continuance of this lease if so specified in paragraph #2.(q); and should Lessee fail to make these payments when due, Lessor shall have the right to settle therefor, such sums to be considered additional rent and collectable from Lessee, as such, by distress or other process and to have all the priorities given by law to claims for rent. (i) Indemnify and save Lessor harmless from any and all loss occasioned by Lessee's breach of any of the covenants, terms and conditions of this lease, or caused by his family, guests, visitors, agents and employees. 10. Lessee covenants and agrees that he will do none of the following things without the consent in writing of Lessor: (a) Occupy the demised premises in any other manner or for any other purpose than as above set forth-in paragraph #2. (n). (b) Assign, mortgage or pledge this lease or under -let or sub -lease the demised premises, or any part thereof, or permit any other person, firm or corporation to occupy the demised premises, or any part thereof, nor shall any assignee or sub - lessee assign, mortgage or pledge this lease or such sub - lease, without an additional written consent by the Lessor, and without such consent no such assignment, mortgage or pledge shall be valid If the Lessee becomes embarrassed or insolvent, or makes an assignment for the benefit of creditors, or if a petition in bankruptcy is filed or against the Lessee or a bill in equity or other proceeding for the appointment of a receiver for the Lessee is filed, or if the real or personal property of the Lessee shall be sold or levied upon by any Sheriff, Marshal or Constable, the same shall be a violation of this covenant. (c) Place or allow to be placed any stand, booth, sign or show case upon the doorsteps, vestibules or outside walls or pavements of said premises, or paint, place, erect or cause to be painted, placed or erected any sign, projection or device on or in any part of the premises. Lessee shall remove any sign, projection or device painted, placed or erected, if permission has been granted and restore the walls, etc., to their former conditions, at or prior to the expiration of this lease. In case of the breach of this covenant (in addition to all other remedies given to Lessor in case of breach of any conditions or covenants of this lease) Lessor shall have the privilege of removing said stand, booth. sign, show case, projection or devise, and restoring said walls, etc., to their former condition, and Lessee, at Lessor's option, shall be liable to Lessor for any and all expenses so incurred by Lessor. (d) Make any alterations, improvements, or additions to the demised premises. All alterations, improvements,. additions or fixture's. whether installed before or after the execution of this lease, shall remain upon the premises at the expiration or sooner determination of this lease and become the property of Lessor, unless Lessor shall, prior to the determination of this lease. have given written notice to Lessee to remove the same, in which event Lessee will remove such alterations, improvements and additions and restore the premises to the same good order and condition in which they now are. Should Lessee fail to do so, Lessor may do so, collecting, at Lessor's option, the cost and expense thereof from Lessee as additional rent. (e) Use or operate any machinery that, in Lessor's opinion, is harmful to the building or disturbing to other tenants occupying other parts thereof. (f) Place any weights in any portion of the demised premises beyond the safe carrying capacity of the structure. (g) Do or suffer to be done, any act, matter or thing objectionable to the fire insurance companies, whereby the fire insurance or any other . insurance now in force or hereafter to be placed on the demised premises, or any part thereof, or on the building of which the demised premises may be a part, shall become void or suspended, or whereby the same shall be rated as a more hazardous risk than at the date of execution of this lease, or employ any person or persons objectionable to the fire insurance companies or carry or have been benzine or explosive matter of any kind in and about the demised premises. In case of a breach of this covenant (in addition to all other remedies given to Lessor in case of the breach of any of the conditions of covenants of this lease) Lessee agrees to pay to Lessor as additional rent any and all increase or increases of premiums on insurance carried by Lessor on the demised premises, or any part thereof, or on the building of which the demised premises may be a part, caused in any way by the occupancy of Lessee. (h) Remove, attempt to remove or manifest an intention to remove Lessee's goods or property from or out of the demised premises otherwise than in the ordinary and usual course of business, without having first paid and satisfied Lessor for all rent which may become due during the entire term of this lease. (i) Vacate or desert said premises during the term of this lease, or permit the same to be empty and unoccupied, 11. The Lessee agrees that if with the permission in writing of Lessor, Lessee shall vacate or decide at any time during the term of this lease, or any renewal thereof, to vacate the herein demised premises, prior to the expiration of this lease, or any renewal hereof, Lessee will not cause or allow any broker to work with Lessee in any sub - letting or reletting of the demised premises other than a broker approved by the Lessor, and that should Lessee do so, or attempt to do so, that Lessor may remove any signs that may be placed on or about the demised premises by such other broker without any liability to Lessee or to said broker, the Lessee assuming all responsibility for such action. 12. Lessce covenants and agrees that Lessor shall have the right to do the following things and matters in and about the demised premises: (a) At all reasonable times by himself or his duly authorized agents to go upon and inspect the demised premises and every part thereof, and/or at his option to make repairs, alterations and additions to the demised premises or the building of which the demised premises is a part. (b) At any time or times and from time to time make such rules and regulations as in his judgement may from time to time be necessary for the safety, care and cleanliness of the premises, and for the preservation or good order therein. Such riles and regulations shall, when notice thereof is given to Lessee, form a part of this lease. (c) To display a "For Sale" sign at any time, and also, after notice from either party of intention to determine this lease, or at any time within six months prior to the expiration of this lease, a "For Rent" sign, or both "For Rent" and "For Sale" signs; and all of said signs shall be placed upon such part of the premises as Lessor may elect and may contain such matter as Lessor shall require. Prospective purchasers or tenants authorized by Lessor may inspect the premises Monday thru Saturday between the hours of 11:00 A.M. and 8:00 P.M. 13. (a) In the event that the demised premises is totally destroyed or so damaged by fie or other casualty not occurring through fault or negligence of the Lessee or those employed by or acting for him, that the same cannot be repaired or restored within a reasonable time, this lease shall absolutely cease and determine, and the rent shall abate for the balance of the term. (b) . if the damage caused as above be only partial and such that the premises can be restored to their former condition within a reasonable time, the Lessor may, at his option, restore the same with reasonable promptness, reserving the right to enter upon the demised premises for that purpose. The Lessor also reserves the right to enter upon the demised premises whenever necessary to repair damage caused by fire or other casualty to the building of which the demised premises is a part, even though the effect of such entry be to render the demised premises or a part thereof untenantable. In either event the rent shall be apportioned and suspended during the time the Lessor is in possession, taking into account the proportion of the demised premises rendered untenantable and the duration of the Lessor's possession. If a dispute arises as to the amount of rent due under this clause, Lessee agrees to pay the full amount claimed by Lessor. Lessee shall, however, have the right to proceed by law to recover the excess payment, if any. (c) Lessor shall not be liable for any damage, compensation or claim by reason of inconvenience or annoyance from the necessity of repairing any portion of the building, the interruption in the use of the premises, or the termination of this lease by reason of the destruction of the premises. 14. The Lessor has let the demised premises in their present condition and without any representation on the part of the Lessor, his officers, employees, servants and/or agents. It is understood and agreed that the Lessor is under no duty to make alterations at the time of letting or at any time thereafter. 15, (a) No contract entered into or that may be subsequently entered into by Lessor with Lessee, relative to any alterations, additions, improvements or repairs, nor the failure of Lessor to make such alterations, additions, improvements or repairs as required by any such contract, nor the making by Lessor or his agents or contracts of such alterations, additions, improvements or repairs shall in any way affect the payment of the rent or said other charges at the time specified in this lease. (b) It is hereby covenanted and agreed, any law, usage or custom to the contrary notwithstanding, that Lessor shall have the right at all times to enforce the covenants and provisions of this lease in strict accordance with the terms hereof, notwithstanding any conduct or custom on the part of the Lessor in refraining from so doing at any time or times; and further, that the failure of Lessor at any time or limes to enforce its rights under said covenants and provisions strictly in accordance with the same not be construed as having created a custom in any way or manner contrary to the specific terms, provisions and covenants of this lease or as having in any way or manner modified the same. P,nrr„ratt with 7inFnrmth h , vinl nniv 10070 riftaan Man Knit Fraew tUirhinan 1101110 www ,:nt miv rnm Failure of Lessee to Repair Remedies of Lessor • (11 -74) Further Remedies of Lessor Zoning Confession of Judgement Ejectment Affidavit of Default Remedies Cumulative Subordination Condemnation Termination of Lease (c) In the event of the failure of Lessee promptly to perform the covenants of Paragraph #9. (c) hereof, Lessor may go upon the demised premises and perform such covenants, the cost thereof, at the sole option of Lessor, to be charged to Lessee as additional and delinquent rent. 16. If the Lessee (a) Does not pay in full when due any and all installments of rent and/or any 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 he paid by the Lessee; or (b) Violates or fails to perform or otherwise breaks any covenant or agreement herein contained; 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 embarrassed or insolvent, or makes an assignment for the benefit of creditors, or if a petition in bankruptcy is filed by or against the Lessee or a bill in equity or other proceeding for the appointment of a receiver for the Lessee is filed, or if proceedings for reorganization or for composition with creditors wider any State or Federal law be instituted by or against Lessee, or if the real or personal property of the Lessee shall be sold or levied upon by any due process of law, then and in any or either of said events, there shall be deemed to be a breach of this lease, and thereupon ipso facto and without entry or other action by Lessor; .(d1) The rent for the entire unexpired balance of the term of this lease, as well as all other charges, payments, costs and expenses herein agreed to be paid by the Lessee, or at the option of Lessor any part thereof, and also all costs and officers' commissions including watchmen's wages and further including the five percent chargeable by Act of Assembly to the Lessor, shall, in addition to any and all instruments of rent already due and payable and in arrears and/or any 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 which may be due and payable and in arrears, be taken to be due and payable and in arrears as if by the terms and provisions of this lease, the whole balance of unpaid rent and other charges, payments, taxes, costs and expenses were on that date payable in advance; and if this lease or any part thereof is assigned, or if the premises or any part thereof is sub -let, Lessee hereby irrevocably constitutes and appoints Lessor Lessee's agent to collect the rents due by such assignee or sub - lessee and apply the same to the rent due hereunder without in any way affecting Lessee's obligation to pay unpaid balance of rent due hereunder, or in the event of any of the foregoing at any time at the option of Lessor; (d2) This lease and the term hereby created shall determine and become absolutely void without any ri .nt on the part of the Lessee to save the forfeiture by payment of any sum due or by other performance of any condition; tern 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 residue of said term. 17. In the event of any default as aforesaid, the Lessor, or anyone acting on Lessor's behalf, at Lessor's option: (a) May lease said premises or any part or parts thereof to such person or persons as may in Lessor's discretion seem best and the Lessee shall be liable for any loss of rent for the balance of the then current term. (b) Any re -entry or re- letting by Lessee under the terms hereof shall be without prejudice to Lessor's claim for 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. 18. It is understood and agreed that the Lessor hereof does not warrant or undertake that the Lessee shall be able to obtain a permit under any Zoning Ordinance or Regulation for such use as Lessee intends to make of the said premises, and nothing in this lease contained shall obligate the Lessor to assist Lessee in obtaining said permit; the Lessee further agrees that in the event a permit cannot be obtained by Lessee under any Zoning Ordinance, or Regulation, this lease shall not terminate without Lessor's consent, and the Lessee shall use the premises only in a manner permitted under such Zoning Ordinance or Regulation. 19. If rent and/or charges hereby reserved as rent shall remain unpaid on any day when the same should be paid Lessee hereby empowers any Prothonotary or attorney of any Court of Record to appear for Lessee in any and all actions which may be brought for rent and/or the charges, payments, costs and expenses reserved as rent, or agreed to be paid by the Lessee and/or to sign for Lessee an agreement for entering in any competent Court an amicable action or actions for the recovery of rent or other charges or expenses, and in said suits or in said amicable action or actions to confess judgment against Lessee for all or any part of the rent specified in this lease and then unpaid including, at Lessor's option, the rent for the entire unexpired balance of the term of this lease, and/or other charges, payments, costs and expenses reserved as rent or agreed to lie paid by the Lessee, and for interest and costs together with an attorney's commission of 15 %. Such authority shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time as often as any of said rent and/or other charges reserved as rent shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the original term and/or during any extension or renewal of this lease. 20. When this lease shall be determined by condition broken, either during the original tens of this lease or any renewal or extension thereof and also when and as soon as the term hereby created or any extension thereof shall have expired, it shall be lawful for any attorney as attorney for Lessee to file an agreement for entering in any competent Court an amicable action and judgment in ejection against Lessee and all persons claiming under Lessee for the recovery of possession of the herein demised premises, for which this lease shall be his sufficient warrant, whereupon, if Lessor so desires, a writ of habere facias possessionem may issue forthwith, without any prior writ or proceedings whatsoever, and provided that if for any reason after such action shall have been commenced the same shall be determined and the possession of the premises hereby demised 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 as hereinbefore set forth, to bring one or more amicable action or actions as hereinbefore set forth to recover possession of the said premises. 21. In any amicable action of ejectment and/or for rent in arrears, Lessor shall first cause to be filed in such action an affidavit made by him or someone acting for him setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be conclusive evidence, and if a true copy of this lease (and of the truth of the copy such affidavit shall be sufficient evidence) be filed in such 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 notwithstanding. 22. 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 of the premises shall deprive Lessor of any of its remedies or action against the Lessee for rent due at the tune or which, under the terms hereof, would in the future become due as if there has been no determination, or for sums 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. 23. This Agreement of Lease and all of its terms, covenants, and provisions are and each of them is subject and subordinate to any lease or other arrangement or right to possession, under which the Lessor is in control of the demised premises, to the rights of the owner or owners of the demised premises and of the land or buildings of which the demised premises are a part to all rights of the Lessor's landlord and to any and all mortgages and other encumbrances now or hereafter placed upon the demised premises or upon the land and/or buildings containing the same; and Lessee expressly agrees that if Lessor's tenancy, control, or right to possession shall terminate either by expiration, forfeiture or otherwise, then this lease shall thereupon immediately terminate and the Lessee shall, thereupon, give immediate possession and Lessee hereby waives any and all claims for damages or otherwise by reason of such termination as aforesaid. 24. In the event that the premises demised or any part thereof is taken or condemned for a public or quasi -public use, this lease shall, as to the part so taken, terminate as of the date title shall vest in the condemnor, and rent shall abate in proportion to the square feet of leased space taken or condemned or shall cease if the entire premises be so taken. In either event the Lessee waives all claims against the Lessor by reason of the complete or partial taking of the demised premises, and it is agreed that the Lessee shall not be entitled to any notice whatsoever of the partial or complete termination of this lease by reason of the aforesaid. 25. It is hereby mutually agreed that either party hereto may determine this lease at the end of the said term by giving to the other party prior written notice thereof in accordance with paragraph #2. (1), but in default of such notice, this lease shall continue upon the same terms and conditions in force immediately prior to the expiration or the term hereof as are herein contained for a further period as specified in paragraph #2. (m), and so on from renewal to renewal unless or until termination by either party hereto, giving the other the aforementioned written notice for renewal previous to expiration of the then current term; PROVIDED, however, that should this lease be continued for a further period under the terms hereinabove mentioned, any allowance given Lessee on the rent during the original term should not exceed beyond such original term, and further provided, however, that if Lessor shall have given such PnvB ina,i with 7inFnnniV1 by ,inl nniv 1Rn7n Fiftaan Miln PnaA Fraear Mirhinan ARf'JR ,, ,, winl nniv min •f a mtr V:.... c.'..... Inability to give Possession Additional Rent Notices Right to Enforce Definition of Lessor and Lessee Broker Heirs and Assignees Lease Contains Entire Agreement Severability (11 -74) Descriptive Heading Approval (7 -86) written notice prior to the expiration of any tern hereby created, of its intention to change the terms and conditions of this lease, and Lessee shall not within thirty days from such notice notify Lessor of Lessee's intention to vacate the demised premises at the end of the then current term, Lessee shall be considered as Lessee under the terms and conditions mentioned in such notice for a further term as above provided, or for such fiuther term as may be stated in such notice. 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 tern 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 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 term itself. 26. If Lessor is unable to give Lessee possession of the demised premises, as herein provided, by reason of the holding over of a previous occupant, or by reason of any cause beyond the control of the Lessor, the Lessor shall not be liable in damages to the Lessee therefore, and during the period that the Lessor is unable to give possession, all rights and remedies of both parties hereunder shall be suspended. 27. . Lessee agrees to pay as additional rent any and all sums which may become due by reason of the failure of Lessee to comply with any of the covenants of this lease and any and all damages, costs and expenses which the Lessor may suffer or incur by reason of any default of the Lessee or failure on his part to comply with the covenants of this lease, and also any and all damages to the demised premises caused by any act or neglect of the Lessee, his guests, agents, employees or other occupants of the demised premises. 28. All notices required to be given by Lessor to. Lessee shall be sufficiently given by leaving the same upon the demised premises, but notices given by Lessee to Lessor must be given by certified mail, and as against Lessor the only admissible evidence that notice has been given by Lessee shall be a certified return receipt signed by Lessor or his agent. 29. The Lessor shall have the right, at all times, to enforce any or all the convenience and provisions of this lease, notwithstanding the failure of the Lessor at any previous time, or times, to enforce his rights under any of the covenants and provisions of this lease. 30. The word "Lessor" as used herein, shall include the Owner and the Landlord, whether Person, Firm or Corporation, as well as the Heirs, Executors, Administrators, Successors and Assigns each of whom shall have the same rights, remedies, powers, privileges and obligations as though he, she, it or they had originally signed this lease as Lessor, including the right to proceed in his, her, its, or their own name to enter judgment by confession, or otherwise. The word "Lessee" as used herein, shall include Tenant, whether Person, Firm or Corporation, as well as the Heirs, Executors, Administrators, Successors and Assigns, each of whom shall have the same rights, remedies, powers, privileges, and shall have no other liabilities, rights, privileges or powers than he, she, it or they would have been under or possessed had he, she, it or they originally signed this lease as Lessee. 31. It is expressly understood and agreed between the parties hereto that the herein named Broker, his salesmen and employees or any officer or partner of Broker and any cooperating broker and his salesmen and employees and any officer or partner of the cooperating broker are acting as Broker only and will in no case whatsoever be held liable either jointly or severally to either party for the perfonnance of any term of covenant of this agreement or for damages for the nonperformance thereof. 32. All rights and liabilities herein given to, or imposed upon, or waivers of 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 than deemed taken to mean each and every person or party mentioned as a Lessee herein, be the same one or more; and if there shall be more one Lessee, any notice required or permitted by the teens of this lease may be given by or to any one thereof, and shall have the same force and effect as if given by or to all thereof. No rights, however, shall inure to the benefit of any assignee of Lessee unless the assignment of such assignee has been approved by Lessor in writing as aforesaid. 33. The Lessor and Lessee hereby agree that this lease sets forth all the promises, agreements, conditions and understandings between the Lessor, or Broker for Lessor, and the Lessee relative to the demised premises, and that there are no promises, agreements, conditions or understandings, either oral or written, between them other than as are herein set forth, and any subsequent alteration, amendment, change or addition to this lease shall not be binding upon the Lessor or Lessee unless reduced to writing and signed by them. 34: If any section, subsection, sentence, clause phrase or requirement of this lease is contrary to law or laws subsequently enacted, or should be found contrary to laws during the term or any renewal or extension thereof, the validity of the remaining portions shall not be affected thereby. The parties hereby agree that they would have agreed to each section, subsection, clause, sentence, phrase or requirement herein irrespective of the fact that one or more section, subsection sentence, clause, phrase or requirement was contrary to law or during the tern or any renewal or extension thereof or are found to be contrary to the law. 35. The descriptive headings used herein are for convenience only and they are not intended to indicate all of the matter in the sections which follow them. Accordingly, they shall have no effect whatsoever in determining the rights or obligations of the parties. NOTICE TO PARTIES:WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult an attorney before signing if they desire legal advice. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunder set their hands and seals the day and year first above written. WITNESS LESSE.- DATE- Keck Computer Management WITNESS LESSEE 1 o1v^∎ t,CQ — DATE John Keck WITNESS LESSEE DATE Prnr4 ,rorf with 7inFnnniTh by 7.411 nniv 1 nowt FiHOOn Milo 0nor1 Fro¢or blinhinon 41111711 Ammo/ •inl nniv mm The Lessor hereby approves this contract on this (date) and in consideration of the services rendered in procuring the herein named Lessee and/or collection of rents as agreed and specified in part one of this lease, the Lessor agrees to pay the herein named Broker for Lessor a fee in the amount of for obtaining Lessee together with a fee of for the collection of rents during the term, renewal or extension of this lease or additional lease with the herein named Lessee. Should the Lessee purchase the demised premises from the Lessor during the term of this lease, or during a renewal, extension or any additional lease between said parties for the demised premises, or within a reasonable period of time after the expiration of any such lease, the Lessor agrees to pay the Broker for Lessor, at the time of settlement, a sales fee of/from the specified sale price. WITNESS LESSO ' . DATE Y/7/16 i3' /r WITNESS LESSOR DATE WITNESS LESSOR DATE BROKER FOR LESSOR i360 ACCEPTED BY DATE ' I Pennsylvania Association of REALTORS' COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2007 11/99 PrevU inert with 7inFnrnwal hv',int nniv 1 Rr17n PiReen Mile P, ,1 Fracar Mir'hinan ano9n %A n., sinl nniv nnm ne fir v:.._ os......� Dec 31, 2012 Dear i360 Rentals, W. Z This is a written notice that I do not wish to renew the lease and I will be vacating the property at 33 West King Street, Shippensburg, PA 17257 on January 31, 2013. At the end of the business day on January 31, 2013, the keys to the store will be left on the front counter /desk of the store located at 33 West King Street, Shippensburg, PA 17257. Respectfully, John Keck Keck Computer Management 33 West King Street Shippensburg, PA 17257 COURT OF COMMON PLEAS Judicial District, County Of anie/e;4, NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /V- 'lc a NOTICE OF APPEAL ■Lo; Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME EOOF APP" LIANT ADOFt"S O APP i1271t t INcNT 2$zo14/ IN THE ' >ibl3 - o93a 1- C V -all oo 1 Ce-eo l3 NAMEOF MOJ °4'J U K SIGNATURE 0 Arrs,LLAr. OR ATTORNEY ORR�U ENT PCOOE 1727 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal. when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sputum ofayaro If appellant was Claimant (see Pa. RC.P.D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within • twenty (20) days after filing the NOTICE of APPEAL PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 10010 in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon 41.3 et 0 appellee(s). to file a complaint in this appeal N of appellee(*) (Common Pleas No. in 4 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To 3 <a me ofappetree(s) e e0 appellee(s) Signature of appellant or attorney or agent (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mall is the date of the mailing. • Date:20 "/ of Prothonotary YOU MUST INCLUDE A COPY OF THE N,1sj ij2pikgNENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. A1141103 QNV1 J38WQ0 4103. Slap d def4t Cgs' p44.341/6/ AOPC 312 -05 :3 ltd 93 814,110Z k1': ! ONOH! 02jd 3I-1.1 .301 2:40-0311:1 L-P VS In the Court of Common Pleas of Cumberland County, Pennsylvania No. )1/-11 Civil Term To IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, FRANKLIN COUNTY 1360, LP Plaintiff VS. Keck Computer Management and John Keck Defendant CIVIL ACTION - LAW No. 14-1165-Civil Term r---1 cn. = rrl 0 60 1-- *-0> LED r-- = -.-: Praecipe for Discontinuance To the Prothonotary: This matter has been settled between the parties. Please enter Plaintiff's voluntary discontinuance to the above captioned matter, with prejudice. April 4, 2014 Respectfully submitted, an- Thrush, a ner 1360, LP 442 Stouffer Avenue Chambersburg PA 17201 TEL: [717] 264-1990 FAX: [717] 262-1021 C.) '11 •,