HomeMy WebLinkAbout14-6301 Supreme Court.. Pennsylvania
CouCo en Pleas
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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:
Complaint Writ of Summons Q Petition
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Q Declaration of Taking
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' Pa R.C.P. 205.5 2/2010
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William L. Adler, Esquire Vii; 2: SS
4949 Devonshire Rd. + 'f CDG,',T Y
i
Harrisburg, PA 17109 Nc ,;; }-�+�f�
Phone: 717-652-8989
Fax: 717-307-3343
Email: BAL(cr�,BillAdlerLaw.com
Supreme Court ID: 39844
Harry Christie and Barbara Christie, : IN THE COURT OF COMMON PLEAS
Plaintiffs : Cumberland COUNTY, PENNSYLVANIA
V. : CIVIL ACTION q—
LAW
South Philly Hoagies, Inc. and Scott Henry : NO. "!— 1 U f
and Lisa Henry, Defendants
EJECTMENT
N O T I C E
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within Twenty (20) days after this Complaint and Notice are
served by entering a written appearance personally or by attorney
and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you, and a judgment
may be entered against you by the court without further notice
for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
(717) 249-3166
11S.-75P
Q-
l�
N O T I C I A
Le han demandado a usted an la corte. Si usted guiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en
forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona . Sea avisado gue si usted no se defienda,
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso o notificacion y por cualquier gueja o alivio gue es
pedido en la peticion de demanda. Usted puede perder dinero o
sus propiedades o otros derechos importantes para usted.
LLEVE E,STA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUNENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
(717) 249-3166
i
Harry Christie and Barbara Christie, : IN THE COURT OF COMMON PLEAS
Plaintiffs , : Cumberland COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
South Philly Hoagies, Inc. and Scott Henry : NO.
and Lisa Henry, Defendants
EJECTMENT
COMPLAINT
AND NOW COMES the plaintiffs, Harry Christie and Barbara Christie, through their
attorney, William L. Adler, and respectfully represents the following:
1. Plaintiffs, Hairy Christie and Barbara Christie, are adult individuals with an address of 3310
Calle Del Montana, Sedona, AZ 86336.
2. Defendant, South Philly Hoagies, Inc. is a Pennsylvania corporation with a principal place of
business located at 5519 Carlisle Pike, Mechanicsburg PA 17050.
3. Scott Henry and Lisa Henry are adult individuals with an address of 5519 Carlisle Pike,
Mechanicsburg, PA 17050.
4. Plaintiffs and defendants entered into a lease agreement for the property known as 5519
Carlisle Pike, Mechanicsburg, PA 17050 dated October 30, 2013. (A copy of the lease
agreement is attached hereto as Exhibit A)
5. Scott Henry and Lisa Henry were guarantors of the lease between plaintiffs and South Philly
Hoagies, Inc.
6. Defendants have defaulted under the terms of the lease.
7. This action is being brought pursuant to this written lease agreement.
8. As of October:24, 2014, defendants are in arrears for back rent and CAM charges in the
amount of$9,041'.58.
9. On July 21, 2014 plaintiff sent defendants a letter by certified mail requesting payment of all
arrearages within 30 days. (A copy of that letter is attached hereto as Exhibit B)
10. Section 9 of the lease provides that Landlord may collect reasonable attorneys fees for the
enforcement of the Lease.
11. Plaintiff is claiming $2500 as reasonable attorneys fees for the collection of these arrearages.
12. Under the terms of the Lease, plaintiff is entitled to possession of the Premises in the event
of default.
13. Plaintiff is the owner of the premises as set forth in Record Book 256, Page 2336, recorded
in the Recorder of Deeds Office of Cumberland County, PA on April 9, 2003, a copy of which is
attached hereto as Exhibit C.
14. Rental and CAM charges continue to accumulate under the lease.
WHEREFORE, Plaintiffs respectfully request judgment for possession which shall include a
judgment in the amount of$11,541.58 together with ongoing rental and CAM charges together
with interest and costs of suit.
1"
4a."-
William L. Adler, Esquire
Attorney for Plaintiff
4949 Devonshire Rd.
Harrisburg, PA 17109
717-652-8989
Supreme Court ID Number 39844
bal@billadlerlaw.com
October 28, 2014.
VDRITICATION
I VERIFY TI IAT THE STATEMENTS MADE IN TINE FOREGOINGPLEADING
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS TERt:IN ARE
MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. Section 4904 RELATING TO
.UNSWORN FALSIFICATION TO AUTHORITIES.
;DATE;
j
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k,
f,
C
F
i
f
-Legacy Plaza
Between
South Philly Hoagies Inc.
and
Scott Henry
and
V Harry and Barbara J Christie
October 30, 2013
Exhibit A
1 .L
Initials Harry Christi liarbatachristie *I
Scott Henry
J BASIC LEASE INFORMATION
1.1 Definitions. In addition to the terms that are defined elsewhere in this Lease, the
following defined terms are used in this Lease:
(a) ADDITIONAL RENT: Any amounts,including without limitation Common Area
Maintenance Expenses that this Lease requires Tenant to pay in addition to Monthly Base
Rent.
(b) BROKER: Landmark Commercial Realty Inc
(c) COMMENCEMENT DATE: February 1,2014
(d) COMPLEX: The Complex consisting of the Land and all(s) improvements built on
the Land,including without limitation the parking lots,parking structure(if any),
walkways,driveways,fences, and landscaping commonly known as
(e) EXPIRATION DATE: The date that is thirty six(36)months after the
Commencement Date.
(f) GUARANTOR: South Philly Hoagies Inc and Scott and Lisa Henry
(g) LAND:The land on which the Complex is located and Building which is more
particularly described as 5519 Carlisle Pike Mechanicsburg, PA 17050.
(h) LANDLORD: Harry&Barbara J Christie
(i) LANDLORD'S ADDRESS:
For Notices: 3310 Calle del Montana
Sedona,AZ 86336
For Payment: same as above
(j) LEASE DATE: October 30,2013
(k) MINIMUM BUSINESS HOURS: none
(1) MONTHLY BASE RENT: see Exhibit B for per month rent commencing on
the Commencement Date.
(m) PREMISES:The Premises located at in the Complex,consisting of+/- 1876
square feet.The area of the Premises and the Complex will be determined by Landlord
and will be conclusive in the absence of fraud or manifest error. The Premises do not
include,and Landlord reserves, the exterior walls and roof of the Premises, the land
beneath the Premises,the pipes and ducts,conduits,wires,fixtures, and equipment above
the suspended ceiling or structural elements that serve the Premises or the Complex;
however, Landlord has the right to enter the Premises in order to install,inspect,
maintain,use;repair, and replace those areas and items described in the preceding
sentence.
(n) UTZHM. S: paid by Tenant
(o) SECURITY DEPOSIT: $2,000.00 with signing of Lease and then additional
$2,000.00 paid $500.00/month beginning January 1,2014 for 4 months
(p) TENANT: Scott Henry d/b/a South Philly Hoagies Inc
(q) TENANT'S ADDRESS: 5519 Carlisle Pike
Mechanicsburg,PA 17050
With a copy to: Scott Henry
2
Initials Harry Christi Barbara Christi l
Scott Henry VS
1633 Airport Dr
Mechanicsburg,PA 17050
(r)TENANT'S PRO RATA SHARE: 8%of Complex expenses except 25% of Building
expenses for sign maintenance&repair. $500.00 estimated Pre Paid CAM begins
November 1,2013.
(s) TENANT'S TRADE NAME: South Philly Hoagies Inc
(t) TERM:The period beginning on the Commencement Date and ending on the
Expiration Date.
(u) USE PERMITTED: The Premises are to be only used for sale of Hoagies and
sandwiches.
1.2 Exhibits.these exhibits are attached to this Lease and are made parts of this Lease:
Schedule B: Rental summary
Schedule Q Landlord Work
Schedule D: Tenant Work
Schedule E:Building Rules and Regulations
Security-Guaranty of Lease
3 �/ L
Initials HanyChrisQ Barb=Chdstie
Scott Henry S�
LEASE
THIS LEASE is made as of the I"day of November by and between HARRY F.CHRISTIE and
BARBARA CHRISTIE(collectively,the"Landlord"),and Scott Henry dba South Philly Hoagies Inc.
("Tenant").
WITNESSETH:
WHEREAS, Landlord is the owner of a two story building, together with the lower level
("Building") and that certain tract of land situate and known as 5519 Carlisle Pike Mechanicsburg. PA
17050 upon which the Building is constructed;and
WHEREAS, the parties hereto agree that Landlord will lease the Demised Premises (hereinafter
defined) located at 5519 Carlisle Pike, to Tenant in accordance with the terms and conditions set forth
herein.
NOW,THEREFORE, in consideration of the mutual promises herein contained,and intending to
be legally bound hereby,the parties hereto agree as follows:
SECTION 1. DEMISED PREMISES
Landlord hereby agrees to lease to and Tenant hereby agrees to accept,effective as of November
1,2013 CCommencement Date"), 1876 +/- sq.ft. of space in the Building known as 5519 Carlisle Pike
Mechanicsburg,'PA 17050 Exhibit "A" together with the non-exclusive right to use in common with
others,parking areas,driveways and footways.
SECTION 2. . TERM:RENEWAL TERM:USE
(a)Thd initial term of this Lease("Term') shall be thirty six (36) months plus any portion of a
month commencing on the("Commencement Date")and terminating on October 30,2017 notwithstanding
the foregoing,Tenant shall be entitled to possession of the Demised Premises on the date that Landlord and
Tenant have each received a fully executed copy of this Lease("Possession Date")plus the deposit and first
month rent.
(b)The Demised Premises shall be used solely for the purpose of carrying on the business of sale
of Hoagies and for no other purpose without the written consent of Landlord, which consent shall not be
unreasonably withheld. Without limiting the generality of the foregoing,Tenant shall not use the Premises
for the generation, manufacture, refining, transportation, treatment, storage or disposal of any hazardous
substance or waste or for any purpose which poses a substantial risk of damage to the environment and
shall not engage in any activity which would subject Tenant to the provisions of the Federal
Comprehensive Environmental Response,Liability and Cleanup Act(42 U.S.C. Section 9601 et seq.), the
Federal Water Pollution Control Act(33 U.S.C. Section 1151 et sea.), the Clean Water Act of 1977 (33
U,S.C.Section 125I et sea.),or any other federal,state or local environmental law,regulation or ordinance.
The authorization of the use of the Premises for the business purpose set forth herein shall not constitute a
representation by Landlord that such use of the Premises is now or shall continue to be permitted or lawful
under applicable laws or regulations.
i
(c) Tenant shall have the option to renew this lease two(2)time(s)for a period of three(3)years
each if not in default of lease or in violation of building rules,See Exhibit B attached hereto for the specific
monthly and annual rates.
(d) Tenant shall notify Landlord of its intention to vacate the space a minimum of 180 days prior
jto the expiration of the Lease or any extension of the Lease. Failure to submit the notice in a timely
` 4
Initials Harry Christie"_u e�Baibara Christie
Scott Henry !!
i
manner with receipt from Landlord will be an automatic renewal of Lease subject to all Terms and
Conditions of this Lease.
SECTION 3. MINIMUM ANNUAL RENT.-SECURITY DEPOSIT
(a) During the term of this Lease, Tenant covenants and agrees to pay Landlord the rentals
provided for in this Lease at, 3310 Calle del Montana, Sedona AZ 86336, or at such other place as
Landlord may by notice direct, without prior demand therefore and without any deduction or set-off
whatsoever,except as provided in this Lease. During the Initial Term of this Lease, the minimum basic
annual rental("Minimum Annual Rent")shall be in the amount set forth on Exhibit'13"attached hereto and
made a part hereof,payable in equal monthly installments on the first day of each month.Any monthly not
received by Landlord on or before the first day of the month shall be increased by a late charge of five
percent(595).
(b) Tenant shall pay Ilio of real estate taxes and 8% of property insurance premiums for the
Complex and Common Area Maintenance expenses for the Complex (including without limitation lawn
and property maintenance, parking lot maintenance and repair, snow/ice removal, , outside repairs, trash
and common area repairs). Landlord is responsible for roof, structure, walls &slab. Tenant shall pay an
estimated monthly CAM Expense of five hundred(500.00)dollars payable monthly with each installment
of Minimum Annual Rent. Upon reasonable request of Tenant, Landlord shall furnish to Tenant
information supporting the amount and type of expenses charged to Tenant under this subsection. A
statement of actual expenses for any calendar year will be supplied by April 15st of the next year.
Estimated CAM cost will be adjusted by written notice annually,based on previous year's actual expense.
(c) Tenant has deposited with Landlord the sum of$2,000.00 (Security Deposit) plus$2,000.00
(Security Deposit)to be paid$500.00/month for four months beginning January 1,2014.to be held without
interest as security for tenant's performance of all of the terms herein.The Security Deposit is not intended
to pay rent. Scott and Lisa Henry agree to an annual credit report to be reviewed as administrative due
diligence.Tile Security Deposit will be returned to Tenant within 30 days after expiration of this Lease if
Tenant has fully complied with all of its obligations hereunder.
SECTION 4. IMPROVEMENTS
Landlord, at Landlord's expense, shall perform the work described as "Landlord's Work" on
Exhibit"C"attached hereto,and Tenant,at Tenant's expense,shall perform the work described as Tenants
Work" on Exhibit"D". With the exception of the work to be performed by Landlord as set forth above,
Tenant is accepting the Demised Premises in AS-IS condition.
i
SECTION 5. UTILITIES
Tenant shall be solely responsible for and promptly pay all charges for any separately metered
utilities(electric,gas) used or consumed in the Demised Premises. Prorata cost of water and server will be
billed by Landlord to Tenant quarterly.
Tenant is responsible for the cost of janitorial and exterminator services for demised premises. In
no event shall Landlord be liable for an interruption, failure or discontinuance in the supply of any such
utilities to the demised premises,nor shall there be any reduction or abatement in the minimum annual rent
or any additional rent due to such interruption,failure or discontinuance, unless such Interruption, failure,
or discontlnu*e is a result of an act or omission of Landlord.
SECTION 6. INDEMNIFICATION OF LANDLORD
t
Tenant shall defend, indemnify and save harmless Landlord against and from all loss, liabilities,
penalties. damages, expenses and judgments, including attorney's fees, which may be imposed upon or
incurred by or asserted against Landlord or Landlord's fee or reversionary interest in the Demised Premises
by reason of any injury or claim of injury to persons or property of any nature and however caused,arising
5 L
Initials Harry Christi Butrara Christie
t
Scott Henry CJ
out of the use,occupancy and control of the Demised Premises at any time during the term of this Lease or
any extension thereof,including those resulting from any work in connection with any alteration,changes,
` new construction or demolition by Tenant or Tenants contracts. Tenant is hereby subrogated to any rights
of Landlord against any other parties whomsoever in connection therewith. Such indemnification shall not
extend to any matter against which Landlord is protected by insurance supplied by Tenant.
SECTION 7.
Tenant, at Tenant's sole expense, shall obtain and maintain throughout the term hereof the
following policies of insurance:
(a)Fire and extended coverage insurance for all of Tenant's improvements, inventory, fixtures,
furnishings and equipment;
(b)Comprehensive general public liability insurance on an occurrence basis with minimum limits
of$500,000 for bodily injury or death to any one person,$1,000,000 for any occurrence and S100,000 for
property damage.
Landlord shall be designated as an additional insured on each such policy, and copies of the
policy,or other evidence of the required coverages,shall be delivered to Landlord at least five days before
the expiration of any insurance policy. Each policy shall provide for at least 30 days notice to Landlord
before cancellation.
(c) Landlord shall, at its own cost and expense, maintain fire and liability insurance on the
Building against fire and the risks covered by "extended coverage" on a "replacement cost" basis or
containing a"replacement cost"endorsement in an amount sufficient to prevent Landlord from becoming a
co-insurer. Landlord shall also carry rental value insurance for a loss period of at least one(1)year in an
amount equal to the aggregate of all rent and additional rent payable by any and all tenants in the Building.
SECTION 8.i ASSIGNMENT AND SUBLEASING
Tenant shall not assign this Lease, or sublease all or any portion of the Demised Premises, or
transfer more than 5017b of the shares of Corporation, without Landlord's prior written consent, which
consent shall not be unreasonably withheld.
SECTION 9. LANDLORD'S ENFORCEMENT COSTS
Tenant agrees to pay as additional rent any and all expenses incurred by Landlord, including
reasonable attorneys' fees, for the collection of monies due from Tenant and the enforcement of Tenant's
obligations under the provisions of this Lease. Tenant shall indemnify Landlord and hold Landlord
harmless against all claims and all liabilities, expenses and losses (including reasonable attorneys' fees)
incurred by Landlord as a result of failure by Tenant to perform any obligation required to be performed by
Tenant hereunder.
i
SECTION 10. ADDITIONAL IMPROVEMENTS
During the original term of this Lease, or any renewal or extension thereof, Tenant shall only
make alterations and improvements to the Demised Premises (other than Tenant's Work) with Landlord's
prior written consent. No alteration shall be undertaken until Tenant shall have obtained and paid for all
required permits and authorizations of the various municipal and other governmental agencies having
jurisdiction. All work in connection with any alteration shall be done in a good and workmanlike manner
and in compliance with the building and zoning laws and with all other laws and regulations of all federal,
state and municipal governments and the appropriate departments, commissions, boards and officers
thereof and the orders and regulations of the National Board of Fre Underwriters or any other body now or
hereafter exercising similar functions, and Tenant shall procure certificates of occupancy and all other
certificates required by law. At all times when any alteration is in progress, there shall be maintained,at
6 �-
! Initials Harry Christi Barbara Chas r '-
Scott Henry ��-
Tenant's sole expense,(i)Workmen's Compensation insurance in accordance with law covering all persons
employed in connection with the alteration, (ii)general or public liability insurance for the mutual benefit
of Landlord and Tenant expressly covering the additional hazards due to the alteration, (iii) completed
value builder's risk insurance and(iv)such other insurance as Landlord shall reasonably require. All such
insurance policies shall be written for such amounts and shall provide for such coverage as shall be
acceptable to Landlord.
SECTION 11. : MAINTENANCE AND REPAIRS
(a)During the term of this Lease,Tenant shall repair,replace and maintain the Demised Premises
in its present condition (including, without limitation,all lighting, HVAC, electrical, plumbing, all doors
and plate glass and all floors (but not any portion of such systems located outside of the. Demised
Premises),and shall keep all portions of the Demised Premises in a clean and orderly condition,free of dirt,
rubbish and unlawful obstruction,and shall not permit or cause any damage,waste or injury to the Demised
Premises. In addition,Tenant shall be responsible for damage to the Demised Premises(including without
limitation damage to flooring,carpets,walls,or doors)if caused by or attributed to Tenant or its invitees.
(b) During the term of this Lease, Landlord shall repair, replace and maintain the roof, walls,
common areas and foundations of the Building.
SECTION 12.4 LANDLORD'S COVENANT OF QUIET ENJOYMENT
Landlord covenants and agrees that upon Tenant's paying the rent and observing and performing
all of the terms, provisions and conditions on Tenant's part to be observed and performed,Tenant may
peaceably and quietly enjoy the Demised Premises for the term of this Lease,subject,nevertheless,to the
terms and conditions of this Lease.
SECTION 13: COMPLIANCE WITH LAWS:PERMITS
-� Tenaiit,at its sole expense,shall comply with all laws,orders and regulations of federal,state and
local authorities and with any direction of any public officer or officers, pursuant to the law which shall
impose any violation, order or duty upon Tenant with respect to the Demised Premises or the use and
occupancy thireof. Tenant,at its sole expense,shall obtain all licenses and permits which shall be required
for the conduct of its business within the terms of this Lease.
SECTION 14. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS
If during the term of the Lease or any renewal or extension thereof,the Demised Premises shall be
partially damaged by fire or other casualty,but not rendered untenantable,the same shall be repaired with
all proper speed at the expense of the Landlord. To the extent that the entire Demised Premises(or such
portion of the Demised Premises as shall substantially impair the ability of the Tenant to use the Demised
Premises far_the purpose set forth in Section 3(b))be rendered unfit for occupancy after such casualty or
during such work,Tenant's rent shall be wholly abated(in the event of complete destruction of the Demised
Premises)or partially abated in the same proportion as the amount of lost area relates to the total area of the
Demised Preinises(in the event of partial destruction of the Demised Premises), provided, however, that
upon occupancy of the Demised Premises(or that portion not destroyed by such casualty)by Tenant for the
operation of Tenant's business,rent shall immediately recommence. Any necessary work which falls under
the Tenant's Work shall be performed by Tenant at Tenant's expense. During the period from the
occurrence of such fire or other casualty until the completion of repairs to the Demised Premises,the rental
due under this agreement shall be abated proportionately as the area rendered untenantable shall bear to the
total area of the Demised Premises. If,however,during the term of this Lease or any renewal or extension
thereof,said Demised Premises shall be injured by fire or other casualty so that the said Demised Premises
are rendered wholly unfit for occupancy and cannot be restored within forty five (45) days, then at the
option of either Landlord or Tenant, this Lease may be terminated from the date of such injury by either
party giving,written notice to such effect within thirty(30)days therefrom and the rent shall be paid only
for the period of the month prior to such date of injury and shall terminate upon such date;and upon such
.�� 7
Initials Harry Christie--yam 1 arbara Christie
Scott Henry 5w— da
termination,Tenant shall immediately surrender the Demised Premises to Landlord who may enter and
-1 repossess the said Demised Premises. In the event during the term of this Lease or any renewal or
l extension thereof,said Demised Premises shall be injured by fire or other casualty so that the said Demised
Premises shall be rendered unfit for occupancy, but can be restored within 120 days, then Landlord, at
Landlord's owd expense, shall promptly restore the Demised Premises and Tenant, at Tenant's own
expense, shall complete any Tenant's Work. To the extent that the entire Demised Premises shall be
rendered unfit for occupancy after such casualty or during such work,Tenant's rent shall be wholly abated,
provided, however, upon occupancy of the Demised Premises by Tenant for the operation of Tenant's
business,rent shall immediately recommence. Any repairs performed by Landlord and Tenant pursuant to
the terms of this Section 14 shall otherwise be performed in compliance with all other requirements related
to construction and repairs to be performed by Landlord and Tenant set forth in this Lease.
SECTION 15. CONDEMNATION
In the,event that the Demised Premises or any part thereof shall be acquired or condemned by
eminent domain for any public or quasi-public use or in the event of conveyance of the Demised Premises
to the condemning authority in lieu of condemnation, the provisions of this Section shall be controlling.
Forthwith upon receipt by Landlord or Tenant of any notice of the institution of any proceeding for the
taking of the Demised Premises,the party receiving such notice shall promptly give written notice thereof
to the other party. Tenant waives any right it might have to all and any portion of any award which might
be paid to Landlord,Tenant reserving unto itself,however,all rights to any awards that may be payable to
Tenant under the terms of the Eminent Domain Code of the State of Pennsylvania,to the extent that such
awards do not affect the total award that might other-wise be payable to Landlord. If the taking is of the
entire Demised Premises,or if such part of the Demised Premises is taken so that in Landlord's reasonable
opinion the Demised Premises are untenantable, this Lease shall terminate as of the date of the
condemnation or the date on which Landlord shall have conveyed the Demised Premises to the condemning
authority in anticipation of condemnation,and any prepaid rent and other advances shall be apportioned to
such date and refunded to Tenant.
-� SECTION 16.' MECHANICS LIENS
Tenant shall promptly pay all contractors and materialmen for work ordered by Tenant or
performed for Tenant's account, so as to minimize the possibility of a lien attaching to the Demised
Premises. Should any such lien be made or filed,Tenant shall bond against or discharge the same within
ten(10)days after written request by Landlord. Nothing herein contained shall be construed as a consent
on the part ofLandlord to subject the fee or the estate of Landlord to liability under the Mechanics Lien
Law of Arizona,for work ordered other than by Landlord,it being expressly understood that Landlord has
not consented ito any such work and Landlord's estate shall be subject to no such liability.
SECTION 17. NO REPRESENTATIONS OR WARRANTIES
Neither Landlord nor any representative of Landlord has made any representations or warranties,
express or implied,in fact or by law,with respect to any of the Demised Premises except as expressly set
forth herein,and no rights,easements or licenses are acquired by Tenant by implication or otherwise except
as expressly set forth in this Lease. Tenant has examined the Demised Premises and the streets,sidewalks,
curbs and properties adjoining the Demised Premises. The taking of possession of the Demised Premises
by Tenant shall be conclusive evidence that Tenant has accepted the same "as is" and that the Demised
Premises were in good condition at the time possession was taken. Landlord shall not be responsible for
any latent defect or change of condition in the Demised Premises and the Minimum annual rent hereunder
shall in no case be withheld or diminished on account of any defect in such property. any change in the
condition thereof,any damage occurring thereto or the existence with respect thereto of any violations of
the laws or regulations of any governmental or other authority,except as expressly provided herein.
SECTION 18. SURRENDER OF PREMISES
�) 8 G c
tnitiats Harry Christie Barbara Chrisfe
1
Scott Henry
f
s
(a)At the expiration of this Lease,Tenant shall surrender the Demised Premises to Landlord in
good order and condition and in the condition Tenant is required in Section 11 of this Lease to keep the
same excepting only(i)ordinary wear and tear, and (ii)damage by fire and other hazards. Tenant shall
surrender all keys for the Demised Premises to Landlord and shall inform Landlord of all combinations on
locks, safes and;vaults,if any, In the Demised Premises. Tenant's obligation to observe or perform this
covenant shall survive the expiration or other termination of this Lease.
(b)Any signs,trade fixtures and equipment installed on the Demised Premises by the Tenant may
be removed with Landlord's written approval if same can be done without material damage to the Demised
Premises, or upon Tenant's agreeing at said time to repair. at its expense, any damage caused by such
removal.
(e) An authorized agenda of the Landlord will insect and certify the condition of building and
equipment. The inspection process will occur at any surrender of building to certify the condition before
payout. The loc'sks will be changed at that time with a locksmith present.
I
(f) Alf keys(doors,dumpster etc)must be returned. If there is an alarm system,the account must
be transferred tc the Landlord.
SECTION 19.Eviction
In the event the Tenant is legally evicted, they agree to leave the building. The Capitol
Reimbursement will be reduced by any cost to evict including legal and management fees.
In all cases, the destruction or theft of the building and any improvements whether realty or
movable equipment will be considered a criminal offense.
There will be a written inventory, signed by both parties, of equipment and values established
before store opens for business.
.� Exclusions to this list are: any leased items general construction costs i.e. any trade labor and
material fees,painting,and items Landlord is paying for in advance i.e.floor etc.
f
SECTION 20._ LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS
If Tenant shall at any time fail to pay any charge or imposition or perform any other act on its part
to be performed, then Landlord, after thirty (30) days' written notice to Tenant and without waiving or
releasing Tenant from any obligations hereunder,may pay such charge or sum of money or make any other
payment or perform any other act on Tenant's part to be made or performed, and may enter upon the
Demised Premises for any such purpose,and take all such action thereon as may be necessary therefor. All
sums so paid by Landlord and all costs and expenses incurred by Landlord'in connection with the
performance of any such act, together with interest thereon at the rate of 15% per annum, from the
respective datf:s of Landlord's making of each such payment or incurring of each such cost and expense,
shall constitute additional rent payable by Tenant under this Lease and Landlord shall have the same
remedies for tyre collection thereof or otherwise as in the case of default in the payment of Minimum
Annual Rent or additional rent reserved in this Lease.
a
SECTION 21.' INSPECTION BY LANDLORD
LanMord and its agents shall have the right to enter, with reasonable prior notice, into and upon
the Demised remises or any part thereof at reasonable hours with minimal disruption to the conduct of
business for the purpose of examining the same and making such repairs or alterations therein as may be
necessary for the safety and preservation thereof, if Tenant shall be in default in that regard; but nothing
herein contained shall be construed to impose any duty upon Landlord to make such repairs or alterations.
SECTION 22. OFFSET STATEMENT
9
Initials Harry Christie&-BarbaraCtuistie
Scott Henry
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i
i
Withinf ten(10)days after request by Landlord,or in the event that upon any sale,assignment or
hypothecation of the Demised Premises by Landlord, an offset statement shall be required from Tenant.
Tenant agrees to deliver in recordable form a certificate to any proposed mortgagee or purchaser, or to
Landlord,certifying (if such be the case) that this Lease is in full force and effect and that there are no
defenses or offsets thereto,or stating those claimed by Tenant.
SECTION 23. DEFAULTS BY TENANT
Any one or more of the following shall constitute a default by Tenant hereunder:
If Tenant,during the original term of this Lease,or any renewal or extension thereof:
(1)Does not pay in full when due and payable any installment of Minimum Annual Rent;or
(2)Violates or fails to perform or otherwise breaches any covenant or provision of this Lease,for
a period of twenty(20)days after receipt of notice thereof;or
(3)Permits the leasehold estate or any property of Tenant to be exposed for sale or judgment or
execution process by any sheriff,marshal,or constable;or
(4)Makes an assignment for the benefit of creditors or is adjudicated a bankrupt or files a case in
bankruptcy or otherwise initiates proceedings for the appointment of a receiver of its assets, or files a
petition or otherwise initiates any proceedings in any court for a composition with its creditors or relief in
any manner from the payment of its debts when due,under any state or federal law,or any proceedings in
bankruptcy or for the appointment of a receiver are instituted by Tenant or any creditor of Tenant under any
state or federal law and not withdrawn or dismissed within sixty(60)days;or
(5)Leaves the Demised Premises deserted and unprotected.
SECTION 244 REMEDIES OF LANDLORD
This Lease and the term of the estate hereby granted are subject to the conditional limitation that
in the event of a default by Tenant,then,at the sole option of Landlord,Landlord may exercise any or all of
the following remedies:
(a)acceleration of Rent:The Minimum Annual Rent for the entire balance of the Term hereof and
any expenses and charges payable under Section 3 hereof, together with all costs, shall become due and
payable as if by the terms and provisions of this Lease said balance of rent and every part thereof were on
that date payable in advance;and
(b)Termination: This Lease and the original Term hereby created, or any renewal term thereof,
shall,at the sole option of Landlord and without waiver of any other rights of Landlords contained herein,
terminate and become absolutely void without any right on the part of Tenant to save the forfeiture by
payment of and y sum due or by performance of any provision of this Lease;and
(c) Lease: Landlord may lease, and shall make commercially reasonable efforts to do so, the
Demised Premises, or any part or parts thereof,to such person or persons as may seem best in Landlord's
discretion,and Tenant shall be liable for any loss of Minimum Annual Rent for the balance of the then-
current term.
(d)Remedies Cumulative: All of the remedies herein before given to Landlord and all rights and
remedies given to it by law and equity shall be at Landlord's option cumulative and concurrent. No
determination of this Lease or the taking or recovering of the Demised Premises shall deprive Landlord of
any of its remedies or actions against Tenant for Minimum Annual Rent and additional rent due at the time
Y'1 or which,un4er the terms hereof,would in the future become due as if there had been no determination,nor
l 10
Initials Harry ChristiSACIB'ai bara Christi L
i Scott Henry ��
r
shall the bringing of any action for rent or breach of covenant, or resorting to any other remedy herein
provided for the recovery of Minimum Annual Rent be construed as a waiver of the right to obtain
possession of the Demised Premises.
(e) Confession of Judgment: Tenant hereby empowers any Prothonotary or attorney of any court
of record to appear for Tenant in any and all actions which may be brought for rent and any other sums due
by Tenant,and to sign for Tenant an agreement for entering into any competent courtan amicable action or
actions for recovery of rent and such other sums,and in such suits to confess judgment against Tenant for
all or any part of the rent or other sums due,including,without limitation,all rent and other sums due for
the unexpired term of the Lease, and for interest and costs including reasonable attorney's fees, without
deduction for the rental value of the Demised Premises. In addition, Tenant hereby empowers any
Prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be
brought for ejectment, and to sign for Tenant an agreement for entering into any competent court an
amicable action or actions for ejectment, without any stay of execution or appeal, and in such suits to
confess judgment against Tenant for recovery by Landlord of possession of the Demised Premises.
SECTION 25.t FOLDING OVER
Should Tenant hold over in possession with the consent of Landlord after the expiration of this
Lease or of any extended term, such holding over shall not be deemed to extend the term or renew the
Lease,but the tenancy thereafter shall be from month to month only,at 150%of the rental in effect during
the last month.of the term,subject to being terminated by either party at the end of any month upon thirty
(30)days'prior written notice and subject to all of the other terms and conditions of this Lease.
SECTION 26., SUCCESSORS
Except as herein otherwise provided, all rights and liabilities herein given to or imposed upon the
respective parties hereto shall extend to and be binding upon the several heirs, legal representatives,
` successors and assigns of said parties.
SECTION 27.: WAIVER
No waiver by Landlord of any breach by Tenant of any of its obligations,agreements or covenants
hereunder shall be a waiver of any subsequent breach or of any obligation,agreement or covenant,nor shall
any forbearance by Landlord to seek a remedy for any breach by Tenant be a waiver by Landlord of its
rights and remedies with respect to such or any subsequent breach.
SECTION 28. ENTIRE AGREEMENT
s
This•Lease sets forth all the covenants, promises, agreements, conditions and understandings
between Landlord and Tenant concerning the Demised Premises and there are no covenants, promises,
agreements,conditions or understandings,either oral or written, between them other than herein set forth.
No subsequent alteration,amendment,change or addition to this Lease shall be binding upon Landlord or
Tenant unless reduced to writing and signed by them.
SECTION 29. NOTICES
f
All rent checks payable hereunder and all notices to Landlord shall be delivered or mailed to
Landlord at 310 Calle del Montana,Sedona Arizona 86336,or such other address of which Landlord shall
give notice. i 1 notices to Tenant shall be mailed to it at
Scott Henry 1633 Airport Drive Mechanicsburg, PA 17050, or such other address of which Tenant shall
give Landlord notice. All notices hereunder shall be in writing and shall be sent by certified mail,return
receipt requested. Such notices shall be deemed to have been sent on the date mailed.
SECTION 30. RECORDING
initials Harry Christie L-Barbara Christ e
Scott Henry
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Tenanumay not record this Lease in any office of public record.
SECTION 31. 4 COMMISSIONS
Landlord and Tenant each represent to the other that they have only dealt with
Andy Kohr Landmark Commercial Real Estate in connection with this Lease, and each shall mutually
indemnify and Mold the other harmless from all other such commissions or fees.
SECTION 32. GOVERNING LAW
This Lease shall be governed by the laws of the State of Pennsylvania.
SECTION 33. SUBORDINATION
(a)Subject to the terms set forth below,this Lease is subject and subordinate to mortgages which
may now or hereafter affect the Building or the Demised Premises, and to all renewals, modifications,
consolidations,'replacements and extensions there-of. This clause shall be self-operative and no further
instrument of subordination shall be required by any mortgagee. In confirmation of such subordination,
Tenant shall execute promptly any certificate that Landlord may request.
SECTION 34. RULES AND REGULATIONS
Tenant shall comply with the rules and regulations of Landlord related to the Building and the
Demised Premises and any modifications or additions thereto that Landlord may promulgate from time to
time. No signs and/or banners are permitted on outside of windows or on any doors. All exterior signs
must be permitted by Hampden Township. Neither,Tenant,Tenant's employees or invitees of Tenant shall
be permitted to smoke inside the Building or within 30 feet of the Building.
SECTION 35. ACKNOWLEDGEMENT
Tenant acknowledges that Section 23 of this Lease contains Confessions of Judgments.
SECTION 36.E BUYOUT PROVISIONS
I
In the event the Tenant decides to vacate the premises at the end of Lease period or any etions,a
buyout of the building improvements by the Landlord will occur according to the following schedule:
1-36 months (initial Lease term) 70%of agreed cost
36-72 months (lu Lease Extension) 40%of agreed cost
72-108 months (2nd Lease Extension or later) 10%of agreed cost
See attached inventory document for agreed costs.
In the event of a default,the amount of rebate will be determined after an authorized agent of the Landlord
inspects the condition of Building and equipment.
The inspection process will occur at any surrender of Building to certify the condition before payout. The
locks will be changed at that time with a locksmith present.
IN WITNESS WHEREOF,LANDLORD AND TENANT have signed and sealed this lease as of
the Jay of November 2013.
r�J 12
Initials Harry Christie Barbara Christie �kL
i Scott Henry C
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LANDLORD: Harry and Barbara Christie
Higy Ch We
Barbara J Christte
TENANT: South Philly Hoagies Inc.
Scott Henry
By:
Scott HWry
Title: 9(eS
—,w,
Attest-
13 *""BwdbamChristie-k
Initials HarryChristi
Scott Henry
Schedule B
Rent
South Philly Hoagies Inc
Monthly Annual
Lease
2/1/2014 thru 1/31/2015 $2,000.00 $24,000.00
2/1/2015 thru 1/31/2016 $2,000.00 $24,000.00
2/1/2016 thru 1/31/2017 $2,040.00 $24,480.00
1st Renewal
2/1/2017 thru 1/31/2018 $2,080.80 $24,969.60
2/1/2018 thru 1/31/2019 $2,122.42 $25,468.99
2/1/2019 thru 1/31/2020 $2,164.86 $25,978.37
2nd Renewal
2/1/2020 thru 1/31/2021 $2,208.16 $26,497.94
2/1/2021 thru 1/31/2022 $2,252.32 $27,027.90
2/1/2022 thru 1/31/2023 $2,297.37 $27,568.46
-� 14 �
Initials Harry Christie Barbara Chrlstie—%�-
Scott Henry 5
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Schedule C
Landlord's Responsibility
South Philly Hoagies Inc
• Authorized agent of the Landlord will inspect and certify the condition of building and equipment.
• Landlord will repair tile floor in main room(see estimate of cost by contractor)
• Landlord will replace any damaged ceiling panels.
• Landlord will check and service HVAC unit one time before occupancy by Tenant
15
Initials Harry Christie ktrf
ubara CbrisltcScott Henry
.�l
Schedule D
Tenant's Responsibility
South Philly Hoagies Inc
Tenant will
• Provide liability insurance policy including Workman's Compensation for Tenant and Tenant's
contractor.
• Tenant will sign Lease and return with Security Deposit and First Month's(February 2014)rent to
Andy Kohr(Landmark Commercial Real Estate).
Signage
All signs must be approved by Landlord prior to sign construction
• Pylon Sign
= Tenant sign is 12"X 8'
• Tenant responsible for 100%of new sign face cost
• Tenant responsible for 100%of sign face installation and removal
■ Tenant can pick color of Plexiglas but background color is specified by
Landlord.
• Tenant will use
J&K Sign Company(attn:Jeff Scheaffer)
717-774-7134
• Building Sign
• Tenant responsible for 10090 of cost of sign
• Sign must be channel sign
= Tenant responsible for 100%of sign design and installation and removal at end
of tenancy
■ Tenant will use
J&K Sign Company(attn:Jeff Scheaffer)
717-774-7134
• Tenant responsible for all costs of permits for signage
• Tenant responsible for Written approvals from Landlord and Hampden Township prior
to construction of sign.
' J 16
Initials Harry Christie Barbara Christie„
12
Scott Henry
SECURITY-GUARANTY OF LEASE
Landlord: Harry&Barbara Christie
Tenant: South Philly Hoagies Inc and
Scott& Lisa Henry
Guarantor: Scott& Lisa Henry
Date: October 30,2013
Tenant wishes to enter into the Lease with Landlord. Landlord is unwilling to enter into the Lease
unless Guarantor assures Landlord of the full performance of Tenant's obligations under the Lease.
Understanding the Lease and this Guaranty after an opportunity to review them with counsel and
other advisors of its choice,Guarantor is willing to do so.
Accordingly, in order to induce Landlord to enter into the Lease with Tenant, and for good and
valuable consideration, receipt and adequacy of which are acknowledged by Guarantor including
without limitation,the benefits that Guarantor will derive from Tenant's entry into the Lease:
1. Guarantor, for itself, its successors and assigns, irrevocably, absolutely, and
unconditionally guarantees to Landlord, and the successors and assigns of Landlord,
Tenant's full and punctual performance of its obligations under the Lease, including
without limitation the payment of Rent and other charges due under the Lease, and not
merely collection of Rent and other charges. Guarantor waives notice of any breach or
default by Tenant under the Lease. If Tenant defaults in the performance of any of its
o6Iigations under the Lease, upon Landlord's demand, Guarantor will perform Tenant's
obligations under the Lease.
2. Any act of Landlord, or the successors or assigns of Landlord, consisting of a waiver of
any of the terms or conditions of the Lease, or the giving of any consent to any matter
related to or thing relating to the Lease,or the granting of any indulgences or extensions
of time to Tenant, or any delay or failure by Landlord in enforcing the Lease or a
compromise or settlement of amounts due under the Lease, may be done without notice
to Guarantor and without affecting the obligations of Guarantor under this Guaranty.
3. the obligations of Guarantor under this Guaranty will not be affected by Landlord's
receipt, application, or release of security given for the performance of Tenant's
obligations under the Lease, nor by any assignment, sublease, or modification of the
lease, including without limitation the alteration, enlargement, or change of the
Premises described in the Lease, except that in case of any such modification, the
liability of the Guarantor will be deemed modified in accordance with the terms of any
such modification, or the termination of the Lease after an Event of Default, or an
acceptance of a surrender of the Premises. Landlord's request for Guarantor's consent to
any actions described in this Guaranty will not mean that Guarantor's consent is
required to that action or any other action described In this Guaranty in order to
continue the Guaranty in effect.
`:.
17
initials Harry Christie�(/ �
Barbara Christie-,
Scott Henry S �A
4. The liability of Guarantor under this Guaranty will not be affected by(a) the release or
discharge of Tenant from its obligations under the Lease in any creditors', receivership,
bankruptcy, or other proceedings, or the commencement or pendency of any such
proceedings; (b)the impairment, limitation, or modification of the liability of Tenant or
the estate of Tenant in bankruptcy, or of any remedy for the enforcement of Tenant's
liability under the Lease, resulting from the operation of any present or future bankruptcy
code or other statute,or from the decision in any court; (c)the rejection or disaffirmance
of the Lease in any such proceedings;(d)Tenant's assignment or transfer of the Lease or
sublease of all or part of the Premises described in the Lease; (e) any disability or other
defense of Tenant or the invalidity of the Lease for any reason; or(f) the cessation from
any cause whatsoever of the liability of Tenant under the Lease; or(g) If Tenant should
be unable to continue in business for financial or business difficulties Landlord will
release Tenant and Guarantor from all future rents in exchange for all fixtures,
equipment, and furniture and no bankruptcy filing. A list of furniture and fixtures will be
provided before the business commences operation and amended as additions are
made.
5. Until all of Tenant's obligations under the Lease are fully performed, Guarantor: (a)
waives any right of subrogation against Tenant by reason of any payments or acts of
performance by Guarantor, in compliance with the obligations of Guarantor under this
Guaranty; (b)waives any other right that Guarantor may have against Tenant by reason
of;any one or more payments or acts in compliance with the obligations of Guarantor
under this Guaranty;and(c)subordinates any liability or indebtedness of Tenant held by
Guarantor to the obligations of Tenant to Landlord under the Lease.
6. This Guaranty will apply to the Lease, any extension or renewal of the Lease, and any
holdover term following the term of the Lease,or any such extension or renewal.
`) 7. Except as set forth in it, this Guaranty may not be changed, modified, discharged, or
terminated orally or in any manner other than by an agreement in writing signed by
Guarantor and Landlord. The Guarantor's liability under this Lease will end only upon
full performance and payment of Tenant's obligations under this Lease or 5(g).
8. Guarantor is primarily obligated under the Lease. Landlord may, at its option, proceed
against Guarantor without proceeding against Tenant or anyone else obligated under the
Lease or a .guaranty of the Lease or against any security for any of Tenant's or
Guarantor's obligations.
9. Guarantor will pay on demand the reasonable attorneys' fees and costs incurred by
Landlord, or its successors and assigns, in connection with the enforcement of this
Guaranty.
10. Guarantor irrevocably appoints Tenant as its agent for service of process related to this
Guaranty. Guarantor consents to the exclusive jurisdiction of the state courts of the state
in which the Premises are located. GUARANTOR WAIVES TRIAL BY JURY OF ANY
MATTER ARISING OUT OF THIS GUARANTY.
11. Within seven (7) days after receipt of a written request, Guarantor will deliver to
landlord an estoppel certificate confirming that this Guaranty is in full force and effect
and unmodified; that Guarantor ratifies it; that Guarantor has no defense to this
Guaranty; and that there is no circumstance that would be a defense after the giving of
notice or the passage of time,or both.
Guarantor has executed this Guaranty as of the Date below.
rc
Initials Harry Christie !t_T_ Barbara Clutsttie.�-
Scott Henry G� �i11�Ji
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Tenant South Philly Hoagies Inc
Scott& Lisa Henry
Guarantor:. Scott& Lisa Henry
uv/
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Scott Henry Date
Lisa Henry Date
Landlord Harry& Barbara Christie
Ha ry Chr tie Date
Barbara J Christie Date
19
Initials Harry Christi Christie
Scott Henry
Legacy Plaza
Building Rules and Regulations
1. No smoking in the unit,or within 30 feet of any building in the complex.
2. Landlord must be provided information on phone numbers and mailing address if
changed during tenancy).
3. Signs, notices or etc in the windows or hanging on the railing are not
permitted.
4. Pets are not permitted in Suites or inton common area.
5. No storage outside of the unit without written approval by Landlord.
6. No storage, trash or litter on common area or parking lot.
7. No unlicensed, unregistered, derelict or stored automobiles in parking lot or in
reserved unit parking spot.
8. No vehicles, trailers,boats or auto accessories permitted in parking lot overnight.
9. No affixing anything to exterior of building (other than a decoration on front
door).
10.No planting in common area.
11. All trash/rubbish/garbage to be disposed of in the dumpster.All items must be
put;inside of the dumpster and lids closed.All cardboard boxes etc are to be
broken down to flat item and stacked in dumpster. No trash container or
trash storage is permitted outside of the unit.
12. Only artificial Christmas trees and decorations are permitted in the unit.
13.Do,not attempt to repair anything which is landlord property or affixed to the
property.
14.No,modifications, changes or additions are to be made to the interior of the unit
without written approval from the Landlord.
15. All window blind, shades or mounted window coverings must be approved in
writing by the landlord and must stay with building.
16. No: signs are to be placed in common area without written approval from
Landlord.
17. No;tents or promotional trailers etc are to be in front parking lot.
18. Landlord must given written approval for anything to be placed outside of the
unit.
19. You will be required to pay a$25.00 Key Deposit for the Dumpster
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' 20 vfc!�.arbamInitials Harry ChristiG7►ristie-„ L
Scott Henry
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Initials Harty Chtistit B ubara Cluisti0N 1
Scott Htnryy - quL
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WILLIAM L. ADLER
ATTORNEY AT LAW
4949 Devonshire Road
HARRISBURG, PENNSYLVANIA 17109
PHONE: (717)652-8989
FAX: (717)307-3343
EMAIL: BAL(@BillAdlerLaw.com
WEBSITE: BillAdlerLaw.com
LEWISF ADLER
119211""1) KOHN AND ADLER
(1911��1969)
DAVID S.KOHN
(1911_1985) KOHN,ADLER @ ADLER
41%0-1981)
LOUIS).ADLER
(1959x1999) ADLER A ADLER
(19992010)
CRAIG 1.ADLER
South Philly Hoagies, Inc. July 21,2014
Scott Henry
Lisa Henry
5519 Carlisle Pike
Mechanicsburg,PA 17050
Sent via first class and certified mail
Re: Lease,5519 Carlisle Pike, Mechanicsburg, PA
Landlord:Harry and Barbara Christie
Mr. Henry:
This shall serve as your thirty day notice to vacate the above property. You are in breach of the terms of your
lease in that you have failed to pay rent and other charges due under the lease dated October 30,2013. Amounts
due are set forth on the attached Exhibit A and as of July 1, 2014 total $4,749.63. The Christies are also entitled
to costs of collection including attorneys' fees.
Please vacate t.he premises by August 30, 2014,call me for final balances due, and remit all amounts due
to me by certified funds or wire transfer.
Unless you,within 30 days after receipt of this letter,dispute the debt's validity or any portion thereof,I will
assume the debt to be valid. You have 30 days after the receipt of this notice to dispute the debt either orally or in
writing.
In that verification of the debt is included with this letter,I may file suit before the expiration of the 30 days
to collect the balance due and to obtain possession of the premises.
Thank you.
Exhibit B
1
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Page 2;
July 21,261.4
c
THIS SIS AN ATTEMPT TO°COL LECI`A DEBT AND ANY INFORMATION OBTAINED WILL
THAT PURPOSE. BEUSEn FOR
fiery truly yours,
William L. Adler
WLLA
m Harry Christie
f
South Philly Hoagies
Statement January through July 11,2014
Date Account Num Memo
Amount
02119 South Philly Hoagies 200902 S 2014 Sec Dap,Cam.Utiliues
0=1 South Phi►y Hoagies 200905 S 2014 March CAM 4'034.67
03/01 South Philly Hoagies 200908 S 2014 March Rent 500
03/01 South Philly Hoagles 200913 S 2014 March Seamy Deposit 2.000.00
03/11 South Philly Hoaglas #1056 200905.com 500
03/11 South Philly Hoagies $5008765066 200908.reni -500
03/20 South Phllly Hoagles 200907 S 2014 Oct-Dec Water Sewer -2.000.00
04101 South Philly Hoagles 101 S 2014 April Rent 166.63
04/01 South Philly Hoagies 200906 S 2014 April CAM 2,000.00
04101 South Philly Hoagles 05008765439 200902.uuliues 500
04101 South Philly Hoagies 200914 S 2014 April Security Deposit -1'034.67
04102 South Philly Hoagies 200912 S 2014 April LF 500
0420 South Philly Hoaglas 05008765892 101.rent,2009O6.cam.200912.LF.200902.N D cam -3.600.00
05101 South Philly Hoagles 200909 S 2014 May CAM
05101 South Philly Hoagies 200911 S 2014 May Rent 500
05102 South Philly Hoagles 200910 S 2014 May LF 2.000.00
05114 South PhIUy Hoagles #15009214346 200907. 100
-2,767.00
08/01 South Philly Hoagles 200903 S 2014 June Rent
08101 South Phllly Hoagies 200904 S 2014 June CAM 2.00 500
08/02 South Philly Hoagies 200915 S 2014 June LF 500
06/06 South Phiily Hoagies 01078 200904.cam 125
06108 South Philly Hoagles 115009214890 200903.rent •500
06115 South Philly Hoagles 11079 200902 Jan Feb CAM -2.000.00
07101 South Phuly Hoagles 200916 S 2014 July Rent 2.000.00
07/01 South Philly Hoagles 200917 S 2014 July CAM 2.000.00
07/01 South Philly Hoagles 200918 S 2014 July LF 500
125
BALANCE DUE 4,749.63
i
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s
UNITED STATES POSTAL SERVICE First-Class
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ge & Fees Paid
S
— --- - - - - — - _ it No. G-10
• Sender: Please print your name, address, and ZiP+40 in this box*
LOO P,4 r 7 6111�7
1111111111 11111 It oil 111$0111111111111111 qih
SEND • w • •
SECTION'IPLETE THIS ! DELIVERY
■ Complete items 1, 2, and 3. Also complete A. Signa
_._ �. items 4 if Restricted Delivery_Is desired _.-- 13 Agent
_
Rrtnt your name and address cn the reverse 13 Agent Qe
so that we can return the card to you. g� lv y red Name) G. Date of
■ Attach this card to the back of the mallpiece, Delivery
or on the front if space permits. � 7117
1. Article Addressed to: D. delivery address dffemnt Item 1? ❑ Yes
r If YES, enter delivery eddr�ess belcm.- Q No
r41 .
re v 171V 3. Servlce lr"
Q ce7tiffed Maim o qty Man � M
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Q Insured Mall Q Collact on Dallvery
4. Restricted Delivery? (Fxtm Fee) Q Yes
2. Article Number 7 013 1710 0001 6472 2 6 0 2
(transfer from service
PS Form 3811 , July 2013 Domestic Return Recelpt
OCT-27-2014 13:37 I SULTZABERGER 717 920 9822 P.02
f 70o O
" 3�RLA11D COUNTY ci
03 FSPR' 9 flM 10 38
THIS DEED.,
Made the 1 day of April,2003,
BETWEEN HARRY F. CHRISTIE and BARBARA J. CHRISTIE,
husband and wife, of Arizona,Parties of the First Part,hereinafter designated as
the GRANTORS,
AND
HARRY F.CHRISTIE and BARBARA J.CHRISTIE,husband and
wife, - of Arizona, Parties of the Second Part, hereinafter designated as the
GRANTEES.
WITNESSETH, that the Grantors for and in consideration of ONE and 00/100
($1.00)Dollar,lawful money of the United States ofAmerica,to the Grantors in hand well and truly
paid by the Grantees,at or before the sealing and delivery of these presents,the receipt whereof is
hereby acknoMedged and the Grantors being therewith fully satisfied,do by these presents grant,
bargain,sell aihd convey unto the Grantees forever,
ALL THAT CERTAIN tract or parcel of land situate in the Township of Hampden,
County of Cunberland and Commonwealth of Pennsylvania,being more particularly bounded and
described as follows:
BEGINNING at a point on the center line of Carlisle Pike at the common front
property corner of Lot No. 3 and Lot No. 4 as shown on the hereinafter mentioned Plan of Lots;
thence along said center line of Carlisle Pike North 62 degrees 03 minutes 00 seconds West, a
distance of264.13 feet to a point on the eastern right-of-way line ofRicharsd Road;thence along said
right of way line of Richard Road North 23 degrees 08 minutes 00 seconds East,a distance of 300.04
feet to a point at the dividing line between Lot No.2 and lands now or formerly of Harry F.Christie,
Jr.and Barbara Jean Christie,said land being Lot No.3 on Plan of Nelson&Weibley;thence along
said dividing Eine South 66 degrees 52 minutes 00 seconds East,a distance of 124.47 feet to a point
at the dividing line between herein described lot and lands now or formerly of Harry l~.Christie,Jr.
and BarbaraJdan Christie,said landbeing Lot No.3 on Plan ofNelson&Weibley;thence along said
dividing line 1 forth 23 degrees 08 minutes 00 seconds East, a distance of 186.22 feet to a point;
Exhibit C
soon 26 °hCE2336
OCT-27-2014 13:38 SULTZRBERGER 717 920 9822 P.03
thence South 62 degrees 03 minutes 00 seconds East, a distance of 186.56 feet to a point; thence
continuing South 71 degrees 08 minutes 00 seconds East,a distance of 188.07 feet to a point on the
western right-of.--way line of Crossgate Drive;thence along said right-of-way line ofCrossgate Drive
by a curve having a radius of 306.87 feet and an arc length of 49.10 feet to a point;thence continuing
South 28 degrees 02 minutes 00 seconds West, a distance of 100.80 feet to a point at the dividing
line between herein described lot and lands now or formerly of Morris E.Rill and Martha S.Rill;
thence along said dividing line South 70 degrees 47 minutes 40 seconds East,a distance of 197.34
feet to a point;thence South 27 degrees 57 minutes 00 seconds West,a distance of 345.00 feet to a
point; said point being the Place of BEGINNING.
BEING Lot No. 1-A as shown on Preliminary/Final Subdivision and Land
Development Plan for Harry F.Christie recorded on March 19,2003 in the Office of the Recorder
of Deeds in and for Cumberland County,Pennsylvania in Plan Book 86,Page 141,
BEING THE SAME premises,a portion of which Cumberland County Industrial
Development Authority by its deed dated April 6,2000 and recorded in the Office of the Recorder
of Deeds in and for Cumberland County in Deed Book 220,Page 1023,granted and conveyed unto
Harry F.Christie,an adult individual.
a
ALSO BEING THE SAME PREMISES,a portion of which Hairy F, Christie,a
married man,by his deed dated November l 2, 1998 and recorded November 18, 1998 in the Office
of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Deed Book 189,Page 398,
granted and conveyed unto Harry F.Christie and Barbara J.Christie,husband and wife.
1
It is the intent of the parties hereto to combine all previously existing parcels
represented in the above-described legal description into a single parcel known as Lot No. t-A as
shown on the referenced Plan-
'This is a transfer from husband and wife to husband and wife and is therefore
exempt from Jny and aU realty taxes.
TOGETHER with all and singular the buildings, improvements, ways, woods,
waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the Same
belonging or in anywise appertaining;and the reversion and reversions,remainder and remainders,
rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate,
right, title, interest,use,possession,property, claim and demand whatsoever of the Grantors both
in law and in eiluity,of,in and to the premises herein described and every part and parcel thereof
with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described
togetherwith the hereditaments and appurtenances unto the Grantees and to the Grantees'proper use
and benefit forever.
i
boox 256 ra,12337
t
OCT-27-2014 13:38 SULTZRBERGER 717 920 9822 P.04
AND the Grantors covenant that,except as may be herein set forth,they do and will
forever specially warrant and defend the lands and premises, hereditaments and appurtenances
hereby conveyed,against the Grantors and all other persons lawfully claiming the same or to claim
the same or any part thereof,by, from or under it,them or any of them.
In all references herein to anyparties,persons,entities or corporations,the use of any
particular gender or plural or singular number is intended to include the appropriate gender or
number as the text of the within instrument may require.
Wherever in this instrument any party shall be designated or referred to by name or
general reference, such designation,is intended to and shall have the sarne effect as if the words
"heirs,executors,administrators,personal or legal representatives,successors and assigns"had been
inserted after Each and every such designation.
IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals the
day and year first above written.
WITNESS:
f harry Christie
Barbara J. Christie
0Obx 256 ?,,v2338
OCT-27-2014 13:38 SULTZABERGER 717 920 9822 P.05
STATE OF A1tIZONA4 COUNTY OF WVA LA i )ss.
BE IT REMEMBERED,that on &P-(L 4 ,2003,before me the subscriber
personally appeared Harry F.Christie and Barbara J.Christie,husband and wife, known to me
(or satisfactorily proven)to be the persons whose names are subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein contained.
WITNESS my hand and seal the day and year aforesaid.
NANCY 'B }L+�ER
Nat P411c-VAbOlAdmoNo ablic
YAVAPAI COWN
my comm, Copt 17.m
I HEREBY CERTIFY that the precise residence of the Grantees is:
Attorn r �5
s to be recorded
fli i.'•Ui�1vLi'laild County pA
V
�T Recorder ofDecds
Kox 2*56 PCEEZ,339
Douglas K. Marsico, Esquire
Sup. Ct. I.D. No. 69804
Caldwell & Kearns, P.C.
3631 North Front Street
Harrisburg, PA 17110-1533
(717) 232-7661
Attorneys for Defendants
HARRY CHRISTIE and BARBARA : IN THE COURT OF COMMON PLEAS
CHRISTIE, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v. : No. 14-6301 Civil
SOUTH PHILLY HOAGIES, INC. and : CIVIL ACTION - LAW
SCOTT HENRY and LISA HENRY,
Defendants : EJECTMENT
ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendants, South Philly Hoagies, Inc.,
Scott Henry and Lisa Henry, in the above captioned case.
By,
Date: V \ 4 1 11
Respectfully submitted,
CALDW & KEARNS
,A4KArke /1/"K
• ,?7 "* arsico, Esquire
• q'. r No. 69804
3631 o h Front Street
Harri..urg, PA 17110-1533
(717) 232-7661 - Phone
(717) 232-2766 - Fax
Attorneys for Defendants
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the persons
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Criminal Procedure, by depositing a copy of same in the United States Mail, Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Date:
06689-004/FL00018937
1/
William L. Adler, Esquire
4949 Devonshire Road
Harrisburg, PA 17109
CALDW-E & KEARNS
'
arsico, Esqu
.D. No. 69804
orth Front Street
sburg, PA 17110-1533
(-17) 232-7661 - Phone
(717) 232 - 2766 - Fax
Attorneys for Defendants
Ronny R Anderson
Sheriff
SHERIFF'S OFFICE OF CUMBERLAND_=
O����Y
�1LEUI-
-
b'THE PROfHONC
2014 NOV 17 p� 7� �� �� � ~�
CUMBERLAND COUNTY
PENNSYLVANIA
Citmhtr^
Jody S Smith ��'. W* -~^o
Chief Depu
Richard W Stewart
Solicitor
OfiFICE QF THE $K,"RIFF
Harry Christie (et al.)
vs.
South Philly Hoagies, Inc. (et al.)
Case Number
2014-6301
SHERIFF'S RETURN OF SERVICE
11/04/2014 07:39 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint &
Notice by handing a true copy to a person representing themselves to be Zach Young, Manager, who
accepted as Adult Person in Charge for South PhiUy Hoagies, Inc. at 5519 Carlisle Pike, Hampden
Township, Mechanicsburg, PA 17050.
=
��'
������_GU , DEPUTY
11X04/2014 07:39 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint &
Notice by handing a true copy to a person representing themselves to be Zach Young, Manager of South
Philly Hoagies, who accepted as "Adult Person in Charge" for Scott Henry at 5519 Carlisle Pike,
Hampden Township, Mechanicsburg,PA17QB.
11X04/2014 07:39 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint &
Notice by handing a true copy to a person representing themselves to be Zach YouManager of South
Philly Hoagies, who accepted as "Adult Person in Charge" for Lisa Henry at 5519 Carlisle Pike, Hampden
Township, Mechanicsburg, PA 17055.
NG - LL, DEPUTY
SHERIFF COST: $7179 SO ANSWERS,
7
/
,
November 14, 2014 RONNYRANDERSON, SHERIFF