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Home My WebLink About02-1040 PNC BANK, NATIONAL ASSOCIATION, NK/ A PNC BANK, N.A., Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O:l- JOLlO Q;u'll~~ PRODUCTIVITY POINT INTERNATIONAL, INC. SUCCESSOR IN INTEREST TO PRODUCTIVITY POINT INT'L-ALLENTOWN, INe. Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT IN EJEClMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in ejectment in favor of the Plaintiff and against the Defendant for possession of the real property described as follows: Situate in Cumberland County, Pennsylvania known and numbered as Suite No. 150 on the first floor of the PNC Bank Building 4242 Carlisle Pike Camp Hill, PA 17011-4158 And as more particularly set forth and described in the Lease, as amended Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: 2- ..--l-~r02- By: Karl . Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Defendant WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) P\IIC BANK, NATIONAL ASSCX:IATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 02-1040 Civil Term No. Term Costs Att'y. $ 29.50 Pl'ff (s) $ Prothy. $ 1.00 A/K/A PNC BANK, N.A. PRODUCTIVITY POINT INTERNATIONAL, INC. SUCCESSOR IN INTEREST TO PRODUCTIVITY POINT INT I L- ALLEN'ICmN. INC. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cll'lBERLAND County, Pennsylvania (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: PNC BANK, NATIONAL ASSOCIATION, A/K/A PNC BANK, N.A. Plaintiff (s) being: (Premises as follows): PRODUCTIVITY POINT INTERNATIONAL, INC. SUITE NOT 150 FIRST FLCOR OF THE PNC BANK BUILDING 4242 CARLISLE PIKE CAMP HILL, PA 17011-4158 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell hislher (or their) interest therein. (SEAL) Curtis R. Long ProthonotaIy, Common Pleas Court of Cumberland County, Pennsylvania ~: ~~I/ Q-7?1.1?/u)-r,,-~ Deputy D~e March I, 2002 " (1':-?J -==u=iJ !f =;ru ." = rn ~ z c) en Z , i:fifil (1) , ~ r H <::: :,. ~ ~~.I -:0 Z' :x: :P- ~ >- C/O ~ "tl >- 0- :r :ii - ~- " - ~~ 0- - ,:<" ~a~ ~Z .., :r ~ (l Si ':< '" a:: >-3 '" ~ HB~ "- '" >1 == t"lt"l :;::: :-=:;; ~. =c~ j~ ~ ~ ~:<l~ t""0 :r ?==c >-~ " I:"'H~ I~ (l '" 0 f--' ~- 12: Z=c "" :I: ~ ~ :s: . >-3 ~H23 0>-3 0> :-=0 ~~ ~O ?i ~ ,,<. ~ ...":1 U; 0":1 .., f-l~ ~ a '" -"tl ~~ . CD .., 0 c:l'IO <: ~~ 3 '" rt :!2 CD '" ;to ~o - 1='00 ~ '" :Ii' Ul 0> ~ "'00 ~ ~-< a:: rt _. -t"l :r !::;~ g, H~~ ;:ga:: " c:l'Ioo '" 0('1) ~ tAoo t:i~ H " f-"rt ~ t"l- . ~I ~ zO .., f-" ~12 >-30 zZ <: ~ " r"JZ oots 0- "" "" "" "" -<t"l ~. N ~:, ~>- f-" ,,., . . >,CIl 0 lJ1 ~t:i ZO 0 0 -":I . >- By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and -01 (~ '1 '0~ ~ ~' G ",:,; SJ} ".<;::' -ltq ; , " ,,~ .J n .~d .~~ ~~ z Z ? ? 0 '" 1 f-" 0 .... 0 n f'. < ~ ;' ;' 3 ~ , to WRIT OF POSSESSION RETURNED STAYED AS PER ATTY ON 6/10/02 Sheriff's Costs: nn~~~t;ng. 1R nn Poundage .78 Prothonotary 1.00 <;lIr,.j,,,rge 70 on 39.78 Advance Costs: 150.00 Snpriff'R C.ORtR,19.78 110. 22 Refunded to Atty on 6/10/02 Sworn and subscribed to before me this I? ~ day of ~ ' ,;JfJo';"; ~L- CJ. fhJC,.,~ P othonotary , so~~~~~ ...- . By ~.() ~;;;;; .~Slle~~'~~~{/ ~~\ ~ . \01la-~1~1 2 c:> ,q, N s: ~ ~~.....<\ -ofo ~ '\' rom \:~)~ :z: :x} I ~~~. ,:)0 - (~i(:) 25 -0 "1 -'f, Ie::. ._, -r1 ~o ~ '~~c') '?<2 'f! ~~rn ~ ~ C'" ~ J,:'" =< , PNC BANK. NATIONAL ASSOCIATION, NK/A PNC BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O~ -/61.(0 CIC,)~l y~ v. PRODUCTIVITY POINT INTERNATIONAL, INe. SUCCESSOR IN INTEREST TO PRODUCTIVITY POINT INT'L-ALLENTOWN, INC. Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT IN EJECTMENT COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2970 1. The name and address of the Plaintiff is PNC Bank, National Association, a/k/a PNC Bank, N.A., 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011. 2. The name and last known addresses of the Defendant is Productivity Point mternational, me. Successor in mterest to Productivity Point mt'l-Allentown, mc. ("Defendant"), 4515 Falls of Neuse Road, Raleigh, North Carolina 27609 and Suite 150, PNC Bank Building, 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011-4158. 3. Defendant executed and delivered to Plaintiff a Lease Agreement between PNC Bank, N.A. and Productivity Point mternational, me., Successor in mterest to Productivity Point mt'l-Allentown, mc. dated August 22, 1996, as amended (the "Lease") for the property situate in Cumberland County, Pennsylvania, known and numbered as Suite No. 150 on the first floor of the PNC Bank Building, 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011-4158 and as more particularly set forth and described in the Lease (the "Leased Property"). A true and correct photostatic reproduction of the original Lease including all amendments is attached hereto as 1 Exhibit "A" and made a part hereof. 4. Defendant is in default of Defendant's obligations to make payment to Plaintiff as required in the Lease and by letter dated February 1, 2002 Plaintiff notified Defendant of such defaults. A copy of Plaintiff's letter is attached hereto as Exhibit "B" and made part hereof. 5. As of the date hereof Defendant has failed to cure its defaults under the Lease and Plaintiff has terminated the Lease and demanded that Defendant vacate the Leased Property and make payment in full of all outstanding amounts as provided in the Lease. A copy of Plaintiff's demand is attached hereto as Exhibit "C" and made a part hereof. 6. Judgment is not being entered by confession against a natural person in connection with a residential lease. 7. There has not been any assignment of the Lease. 8. Judgment in Ejectment has not been entered on the Lease in any jurisdiction; however, judgment for confession of the amounts due to Plaintiff under the Lease is being filed contemporaneously herewith before the Court of Common Pleas for Cumberland County, Pennsylvania. 9. The amount due to Plaintiff as a result of Defendant's default is as follows: a. Balance of Late fee for October 2001: $ 3,060.96 b. Rent due November 1,2001: $ 10,948.82 c. Late fees: $ 4,379.53 d. Rent due January 2002 through October 2002 being nine months at $10,948.82 per month: $ 98,539.38 e. Late fees for January and February 2002: $ 3,284.64 f. Attorneys' Commission: $ 12.021.33 2 . g. Total due to the Bank as of February 25,2002: $132,234.66 WHEREFORE, Plaintiff demands judgment in Ejectment in favor of Plaintiff and against Defendant, Productivity Point International, Inc., Successor in Interest to Productivity Point Int'l- Allentown, Inc., as authorized by the warrant of attorney contained in the Lease and in favor of Plaintiff and against Defendant, Productivity Point International, Inc. Successor in Interest to Productivity Point Int'I-Allentown, Inc., for possession of the Leased Property situate in Cumberland County, Pennsylvania known and numbered as Suite 150 on the first floor of the PNC Bank Building, 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011-4158 as more particularly described in the Lease, as amended. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: 2---- Z- Cf> r 02- By: K M. Ledebohni, Esquire preme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff 3 E}UlIBIT "A" LEASE AGREEMENT [Multi-Tenant] MADE this 1.2'" day of ~ 199.! ,by and between PNC Bank, N.A. hereinafter called "Lessor" and Anderson Associates, mc., TIA ProductivitY Point International, hereinafter called "Lessee". WITNESSETII THAT: 1. LEASED PREMISES. Lessor hereby demises and leases to Lessee and Lessee hereby accepts and bires from Lessor that certain office space (the "Leased Premises") consisting of approximately 4,500 rentable square feet of floor space known and designated as Suite No. ISO on the fU'St floor of the PNC Bank Building (as sbown on f100rplan attached hereto as Exhibit "B") located at 4242 Carlisle Pike, Camp Hill, PA 17011-4158 (the building"). (A) PARKING. Lessee shall have the right to use parking facilities Icoated in the rear of the Building. All parking is in common and will be made available to tenant during the term of this lease. (8) TENANT IMPROVEMENTS. Lessor shall provide the tenant improvements as shown on Exhibit "B", with said improvements matching the existing fmisbes in the premises, with the exception that the plumbing work required for the Lessee's proposed break roomllunch room shall be at Lessee's expense. In the event that Lessee exercises the Renewal Options defmed in Section 2(B) below, Lessor shall provide a refurbishment allowance of up to $2.50 per rentable sq. ft., or $11,250.00 upon the exercise of each option. These allowances must be used for the refurbishment of the demised premises. (q EXPANSION: RIGHT OF FIRST REFUSAL. During the initial term of this Lease, Lessee shall have the Right Of First Refusal to lease the remaining vacant space made available by Lessor on the fust floor of the Building. Upon presentation from Lessor of a bona fide outside offer on sucb space, Lessee shall have one (I) week to respond to said bona fide offer by agreeing in writing to Lessor to enter into a Lease for the additional space within sixty (60) days, upon the terms and conditions contained in' ~idot'fer,or, relinquishing the Right of First Refusal on said expansion space. . (D) GENERAL STATEMENT OF CONDITION. Lessor hereby certifies that the Building is presently maintained in a fU'St-class manner similar to other rust-class commercial office buildings in the Camp Hill area. Lessor agrees to continue the upkeep and maintenance of the building in this manner througout the Lessee's tenancy at the Building. 2. TERM. The duration of this Lease shall be for the period set forth in this Section 2, unless sooner tenninated under the provisions hereof. (A) PRIMARY TERM. The Primary Term shall commence on the 15th day of October, 1996 ("Commencement Date") and shall end at 5:00 P.M. on the 14th day of October, 2001, a total of sixty (60) months. Lessor shall not be liable for failure to deliver possession on the Commencement Date if the Leased Premises are not ready for occupancy because of a wrongful holding over or for any other cause beyond Lessor's control. If Lessor does not deliver possession on the Commencement Date, the rent shall abate until possession is tendered. (B) OPTION(S) TO RENEW. Lessee, if not in default hereunder, shall have the option to extend the tenn of this Lease for two (2) additional periods of five (5) years each (the "Renewal Term(s)"); All terms and conditions of this Lease shall remain in full force and effect during the Renewal Term, with the exception that Basic Rent during the first year of the first Renewal Tenn shall be 3% greater than the basic rental paid in the fifth (5th) year of the Initial Tenn and this rent shall be increased by 3% per year through the fifth year of the First Renewal Term; In the event that the Second Renewal Option is exercised by Lessee, the Base Rent during the Second Renewal Term above shall be subject to annual increases proportionate to any increases in the Consumer Price Index. as hereinafter defmed, provided, however, that the increases do not exceed 5% annually during this Second Renewal Tenn. The Base Rent shall be adjusted and payable in accordance with the following provisions: (a) The Consumer Price Index (hereinafter referred to as "Index") shall mean the "Consumer Price Index for all Urban Consumers", U.S. City Average, specified for "All Items", effective January I, 1988 (1982-1984=100), as promulgated by the Bureau of Labor Statistics of the United States Department of Labor. In the event that the Bureau compiles the Index on a different basis or if the Index shall be discontinued for any reason, the Lessor shall substitute any official index, conversion factor or table published by the Bureau of Labor Statistics. or any successor or similar government agency as shall be most nearly ~xh,.hif q/f' equ ivalent thereto. . (b) The Base Rent due hereunder shall be adjusted annually commencing on the first day of the Second Renewal Tenn, and on each anniversary thereafter (each such date being called an "AdjustmenfDate"). On each Adjustment Date, the rental for the succeeding twelve (12) month period shall be calculated as follows: the Base Rent paid by Lessee to Lessor shall be multiplied by a fraction, the numerator of which shall be the Index published for the third month immediately preceding the Adjustment Date; and the denominator of which shall be the Index published for the third month preceding the month in which the fifth (5th) year of the First Renewal Term this Lease Agreement commenced. The resulting amount shall be the amount of the annual rental due for the ensuing lease year; except that in each instance, the adjusted annual rental shall not be less than the Base Rent. Under no circumstances shall the rental ever be reduced or diminished by reason of any downward movement in the Index (c) On or prior to each Adjustment Date, Lessor shall provide Lessee with a statement seuing forth the adjustments computed in accordance with paragraph (b) above, together with the new monthly rent due and payable on the Adj ustment Date and the flISt day of each month thereafter until the following Adjustment Date. (C) OPTION TO TERMlNA TE. Lessee, ifnot then in default under the Lease, shall have the right. with 120 days written notice, to tenninate this Lease ifPNC Bank or its successors or assigns completely vacates the Building. Lessee shall not have the rigbt to tenninate under this provision if the Building is sold, assigned or otherwise transferred to another banking or financial institution..> (D) SURRENDER AT END OF TERM; WAIVER. Lessee shall immediately surrender possession of the Leased Premises at the expiration of the Primary Term or of any Renewal Tenn hereof or upon its prior tennination. Lessee shall return the Leased Premises broom clean and free of debris, and in good order and condition, reasonable wear and tear and damage by f1l'C or other hazard not occurring through any wilful or illegal act or omission of Lessee, its employees, agents or invitees, alone excepted. In addition, Lessee shall deliver to Lessor or its Managing Agent, if above named, all keys, plastic cards or other entry devices for the Leased Premises, the Building and its appurtenances. LESSEE WAIVES ALL RIGHT TO ANY NOTICE WHICH MAYBE REQUIRED UNDER ANY LAWS NOW OR HEREAFTER ENACTED AND IN FORCE IN PENNSYL VANIA, INCLUDING THE LANDLORD AND TENANT ACT OF 1951, ACT OF APRIL 6,1951, AS AMENDED. LESSEE AGREES TO GIVE UP QUIET AND PEACEABLE POSSESSION OF THE LEASED PREMISES AT THE END OF THE PRIMARY TERM OR OF ANY RENEWAL TERM WITHOUT FURTHER NOTICE FROM LESSOR. (E) HOLDING OVER.. Lessee shall not remain in possession of the Leased Premises after the tennination of this Lease without the prior written consent of Lessor. Unless otherwise agreed, any holdover occupancy by Lessee shall be deemed to be on a month- to-month basis at a rental rate ~qual to 200% oftherenml rate otherwise in effect. 3. RENT. (A) BASIC RENT. Lessee agrees to pay to Lessor (or to Lessor's Managing Agent, ifabove named) at Lessor's address above set fonh (or at such other place as Lessor or Lessor's Managing Agent shall from time to time designate in writing). in lawful money of the United States of America, a Gross Rental payable in monthly installments in advance and without notice, demand or set off, on the first day of each calendar month until the expiration of the Primary Tenn, the sums set forth below. FROM TO MONTHLY RENTAL ANNUAL RENTAL 'ctober IS, 1996 October 14, 1997 S 5,812.50 S 69,750.00 o/i,... 1'{ ~ctober 15,1997 October 14, 1998 S 5,986.88 S 71.842.56 _ I!l. " ../october IS, 1998 October 14, 1999 S 6,166.49 $ 73,997.88 October 15, 1999 October 14,2000 S 6,351.48 $ 76,217.76 October 15,2000 October 14,2001 $ 6,542.02 S 78,504.24 ':If~~~~..tL..~-e:o ~f1I~J~ ........~ ~ b:-~ b-.~~ ~~ ~ ~ ~.,~(Z" ,~ ~ ~ ~ "b. t1r...:t:!J- ~1J'tL+r .~ a.V ~ ~~ ~~ la..t1-o... iL . .... ~ ~ PlVld ~....Ir . if If said monthly Basic Rent is notDpaid on or before the fifth (5th) day of the month. at Lessor's option, a monthly late charge of l~fJ)- r:(~ gl'2!./CLC, J.-fc~ I'".J -r' p <c !>', of the monthly Basic Rent shall be due and payable by Lessee as Additional Rent for each and every month that said monthly Basic Rerll is delinquent. (B) LESS THAN A MONTH. In the event that this Lease commences on a day other than the first day of a month or tenniil.ates on a day other than the last day of a month, the rent for such partial month(s) shall be prorated based upon a 30-day month and shall be payable on the Commencement Date or on the fl/'St day of the last month as the case may be. (C) ADDITIONAL RENT. In addition to Basic Rent, Lessee shall promptly pay to Lessor all other sums of money and charges which have been designated hereiil. as Additional Rent. 4. UTlLmES AND SERVICES. (A) UTILITIES TO BE SUPPLIED BY LESSOR. All of the following utilities and services, except those stricken, shall be supplied by and paid for by Lessor: Electric Gas Heat Please Initial Elevator JANITOR SERVICES: Common Areas Interior of Leased Premises Wmdow Washing (Exterior) (Interior) Hot Water Cold Water Sewer Air Conditioning Snow & Ice Removal Trash Disposal LESSOR: By I'J3 LESSEE: Other: By A 11 utilities or services stricken as above or not set forth iil. this Section 4 shall be the responsibility of Lessee. (B) INTERRUPTION OF SERVICES. This Lease shall not be affected and there will be no diminution or abatement of rent or other payments and no constructive eviction shall be claimed or allowed because of the interruption or curtailment of any services or utilities in or to the Leased Premises or from improvements made to the same. (C) EXCESSIVE USE. If any of the above utilities supplied by Lessor shall be used excessively by Lessee or excessive use is made of Lessor's trash disposal facilities, Lessee agrees to pay as Additional Rent a charge expressly imposed for such excessive use as billed by Lessor. (D) CARPETING. Lessor hereby agrees to make every effort to maintain the carpeting in Lessee's premises, at Lessee's expense, during the initial tenn of this lease. (E) ELECTROMAGNETIC INTERFERENCE. Lessee hereby accepts the base building condition in an "as-is" condition, subject to the tenant improvements defmed herein. Lessor hereby certfies that it has no knowledge of any condition that would cause electromagnetic iil.terference within the premises and will m~e every effort to ensure that the premises shall remain protected from electromagnetic interference during the term of this Lease. S. USE CLAUSE. Lessee shall use the Leased Premises for computer training and office purposes only. Lessee shall not use the Le:JSed Premises for any illegal purpose or any purpose which shall constitute a nuisance nor do or suffer anything to be done in or about the Leased Premises which will violate any laws, ordinances, rules, regulations or orders imposed or issued by any governmental entity or agency. 6. RULES AND REGULATIONS. Lessee, its employees, agents and invitees, shall comply with all Rules and Regulations adopted by Lessor and with such reasonable changes or additions thereto as Lessor may from time to time :!dopt and submit to Lessee. A copy of the present Rules and Regulations duly signed by Lessor and by Lessee is hereto attached, m:!de pan hereof and marked Exhibit "A". 7. LESSEE'S OBLIGATIONS. Lessee shall: (A) Use in a reasonable manner all utilities for which Lessor is responsible and all electrical, plumbing, s:!nitary, heating, ventilating, air conditioning and other facilities and appliances in the Le:JSed Premises. (B) Conduct its business iil. a manner that will not be reasonably objectionable to other tenants in the building, including no ise, vibration, odor or fumes. In the event Lessor receives complaints from other tenants in the Building and determines in its sole judgment, that Lessee's use and occupancy is re:JSonably objectionable to other ten:!n!, Lessee agrees, upon notice from Lessor, to promptly modify its use so as to eliminate such objection. (C) Not permit any person on the Leased Premises to wilfully or wantonly destroy, deface, damage. impair or remove any part of , . th~ structure of the Building, the Leased Premises or the facilities, equipment or appurtenances thereto or used in common nor shall Lessee do any such thing. (D) Not cause liens of any kind (whether for materials, wages, labor or services) to be placed against the Building, lands or Leased Premises. If any such liens are filed. with or without Lessee's knowledge, Lessee shall immediately, at Lessee's sole cost and expense, take whatever action is necessary to cause such liens to be satisfied and discharged. Lessee shall obtain and file appropriate lien waivers prior to the commencement of any work by Lessee in the Leased Premises. (E) Indemnify and save hannless Lessor from any and all loss, cost, expense and damages of any nature, arising out If or in any manner related to Lessee's breach of any of its covenants and obligations hereunder or to Lessee's use and occupancy of ttie Leased Prem ises. 8. MAINTENANCE AND REPAIRS. (A) BY LESSOR. Except as hereinafter provided in Subsection. (B) below, Lessor shall maintain in good order, condition and repair the Building and all of its structural and mechanical elements, including plumbing, air conditioning and electric systems, windows, floors and all other items which constitute a part of the Leased Premises and which were installed or furnished by Lessor. Lessor shall also be responsible for repairing any damage to the leased Premises which is caused by leakage of pipes, windows, roofs or exterior walls or which is caused by Lessor, its employees, agents or invitees. In addition, Lessor shall be responsible for the maintenance and repair of all common areas of the Building and appurtenances (including sidewalks, parking areas and landscaped areas). (B) BY LESSEE. (1) Maintenance and Repair Responsibility. At its sole cost and expense, Lessee shall at all times maintain the Leased Premises in a neat, clean and orderly condition including the interior surfaces of the ceilings, walls, floors, carpeting and doors. Lessee shall at all times and at its sole cost and expense, maintain in a neat, clean and orderly condition and repair all fIXtures, appliances and special facilities installed by or for Lessee. lessee shall be solely responsible for all repairs, including alterations to the Leased Premises which may be required by any governmental or public authority or agency or insurer during the tenn hereof. Lessee's obligations hereunder shall also include obtaining any and all local, state and federal penn its and licenses required for Lessee's occupancy and use of the Leased Premises. (2) Repair Responsibility Only. lessee shall at all times and at its sole cost and expense, repair all damages to any property, real or personal (either within or without the Leased Premises) which have been caused by any wilful, negligent or illegal act or omission of Lessee, its employees, agents or i1,tyitees, except for damages resulting from unintentional or negligently caused fire or other hazard. (3) Repair Standards. All maintenance and repairs by Lessee shall be made in a fll'st class, workmanlike manner by personnel or contractors previously approved by Lessor. Lessee shall require it personnel and contractors to comply with all building standard and other reasonable requirements of Lessor. (C) FAILURE BY LESSEE. In the event that Lessee fails in any material obligation it may have under this Section 8 to maintain the Leased Premises in good order, condition and repair, Lessor may give written notice to Lessee to perfonn the work which is reasonably required to remedy the, situation. If lessee Fails to commence such work within fifteen (15) days following the giving of such notice and to diligently prosecute the same to completion, Lessor may do either or both of the following: (i) enter the leased Premises, perfonn such work and charge Lessee for the cost thereof as Additional Rent; (ii) treat such failure as an Event of Default under Section 17(A)(2) and. upon compliance therewith, proceed to exercise any of Lessor's remedies set Forth in Section 17. (0) EMERGENCY REPAIRS. Whenever emergency repairs which are th~ responsibility of Lessor are required to preserve the essential tenantability of the Leased Premises, the same shall be undertaken by Lessor as soon as reasonably and practically possible. (E) NON-LIABILITY OF LESSOR. Lessor shall not be liable for any injury to or interference with Lessee's business arising from the perfonnance of any repairs, maintenance or improvements in or to the Building, the Leased Premises or to any appurtenances or equipment therein; provided, however, that Lessor shall perfonn all such work with due diligence and in a manner so 3S to minimize interference with Lessee's business. (F) REPLACEMENTS; RENEWALS. Whenever used in this Section 8, the tenn "repair" shall include all necessary replacements and renewals. 9. ALTERATIONS; ADDITIONS. (A) BY LESSEE. Lessee shall not make any alterations, additions or improvements to the Leased Premises without the prior written approval of Lessor. All such work shall be carried on at Lessee's cost and in a first class. workmanlike manner in accordance with building stanc;ard and other reasonable requirements of lessor and in compliance with all governmental orders, regulations and pennits. Such work shall be perfonned by responsible contractors approved by Lessor who will. prior to commencement of work, su.bmit satisfactory proof of insurance coverage naming Lessor as an additional insured. (D) "AS BUILT" PLANS. Following completion of such alterations, additions or improvements by Lessee, Lessee shall furnish Lessor with current "as built" plans and specifications reflecting such alterations, additions or improvements. (C) OWNERSHIP OF IMPROVEMENTS; REMOVAL. Unless otherwise agreed to in writing, all alterations, additions or improvements constituting any part of the structure of the Leased Premises or an integral part of the Building systems shall become the property of Lessor at the end of the Tenn hereof or upon prior termination of this Lease an<l shall remain in and be surrendered with the Leased Premises, without disturbance or injury. Lessee, however, ifnot in default, m* remove any other alterations, additions, fIXtures, improvements, appliances or equipment installed by Lessee which can be removed without damage to or leaving incomplete the Building or the Leased Premises; provided, however (and anything herein to the contrary notwithstanding), Lessor may direct Lessee at the end of the Tenn or of any prior tennination, and whether or not Lessee is in default hereunder, to remove all alterations, additions, improvements, trade fixtures, appliances or other personal property brought into or placed about the Leased Premises by Lessee or constructed or installed therein by Lessee (including but not limited to: partitions, cabinets, shelving, drapes, shades, furniture, wiring and plumbing) as may be specified in writing by Lessor. (D) REPAIR OF DAMAGES; RESTORATION. Lessee shall complete the removal of all such property referred to in Subsection (C) above prior to the tennination of the Primary Tenn or Renewal Tenn, as the case may be, repair all damages resultin.. therefrom and make proper restoration of the Leased Premises. ,. 10. ACCESS. Lessor hereby reserves the right on behalf ofitself, its employees and, agents to enter the Leased Premises at all reasonable times for the purposes of inspection, making repairs or improvements or to exhibit the Leased Premises to prospective tenants, purchasers, mortgagees, appraisers, insurers, contractors or workmen without liability to Lessee for any loss of quietly enjoyment of the Leased Premises. When conveniently possible, Lessor shall give prior notice (oral or written) before any such entrv. Lessor shall not abuse the right of access or use it to harass Lessee. . 11. LESSEE'S INSURANCE. (a) Lessee shall, at its sole cost and expense, maintain during the term hereof worker's compensation insurance in an amount required by law and bodily injury liability and property damage liability insurance adequate to protect Lessor and Lessor's agents against liability for injury to or death of any person in connection with the use, operation or condition of the Leased Premises and Lessor's property. Such liability insurance at all times shall be in the amount of not less than Five Hundred Thousand Dollars (S5OO,000) for injuries to persons in one accident, not less than Five Hundred Thousand Dollars (S500,000) for injury to anyone person and not less than Five Hundred Thousand Dollars ($500,000) with respect to damage to property. If, in the reasonable opinion of the insurance broker retained by the Lessor, the amount of the liability insurance or the coverage afforded thereby at any time is not adequate, Lessee shall increase and alter the insurance coverage as required by Lessor's insurance broker (b) Lessee shall at all times duCing the Lease tenn maintain in effect policies of insiJrance covering its leasehold improvements (including any alterations as may be made by the Lessee), trade fixtures, merchandise and other personal property from time to time in or on the Leased Premises, in an amount not less than One Hundred (100) Percent of their actual replacement cost. providing protection against all risks covered by standard fonn of "Fire and Extended Coverage Insurance," together with insurance against vandalism and malicious mischief. In addition, Lessee shall carry business risk insurance covering a period of at least one year and in an amount sutlicient to cover all insurable business risks during such period. . (c) All insurance required to be carried by Lessee shall be issued by responsible insurance companies, qualified to do business in the locality where the Leased Premises are located and reasonably acceptable to Lessor and shall provide (i) that no change or cancellation of said policies shall be made without thirty (30) days prior written notice to Lessor and Lessee; (ii) that any coverage of Lessor or sum payable to Lessor shall be unaffected by any act or omission of Lessee or any other insured which might otherwise result in forfeiture of said insurance; and (iii) that the insurance company issuing the same shall not have any right of subrogation against Lessor or Lessor's insurer. Each policy and reRewal shall name the Lessor as an additional insured. Copies of all policies or certificates evidencing the existence and amounts of said insurance shall be delivered to Lessor by Lessee upon request. Each policy shall also contain provisions required by any mortgagee of Lessor's property or any portion thereof. Copies of all policies or certificates evidencing said insurance shall be delivered to Lessor at least five (5) days prior to the Commencement Date and renewals thereof shall be delivered to Lessor at least ten (10) days prior to the expiration of any such policy. If Lessee fails to adhere to the requirements of this Section 8, Lessor, in addition to any other remedies it may have, may order such insurance and charge the cost thereof to Lessee, which amount shall be payable by Lessee upon demand as Additional Rent. 12. DAMAGES BY FIRE OR OTHER CASUALTY. (a) Partial Damage. If, through no fault or negligence of Lessee, its employees, business patrons or invitees, the Leased Premises shall be partially damaged by fire or other casualty but not to such extent as to render the same wholly untenantable, repairs shall be made by Lessor as soon as reasonably may be done and the rent shall be equitably apportioned according to the square footage of the Leased Premises rendered unusable from the date of such ftre or casualty until the same are restored. (b) Lessor's Right to Terminate. If, however, in such event the damage by fire or other casualty shall be so extensive as to render the Leased rremises wholly untenantable, the rent shall cease from the date of such destruction until such time as the Leased Premises are restored and rendered tenantable. Further, in the event (i) of damage which cannot be repaired within three (3) months. " (ii.) Lessor's mortgagee elects to or, receive the insurance proceeds and not to apply the same towards restoration, or (Hi) the cost of repair to the entire damage is more than 25% of the replacement cost of the Building the Leased Premises is located, Lessor shall have the option of terminating this Lease Agreement. In the event of such tennination, Lessor shall refund to Lessee any rent allocable to the period subsequent to the occurrence of said fll'e or other casualty. Lessee shall thereupon surrender possession of the Leased Premises and all keys and personal property to Lessor. In the event of the exercise of such option to tenninate, Lessor shall serve written notice on Lessee within forty-five (45) days from the date of the occurrence of such total damage. (c) Notice. Lessee shall notify Lessor of any damage to the Leased Premises by flIe or other casualty and also ofany dangerous or defective condition within the Leased Premises immediately upon ~e occurrence of such fire or other casualty or discovery of such condition. Except as affected by the giving or failure to give such notice, nothing herein contained shall be deemed to limit or enlaroe the respective rights and liabilities of either party arising from the negligent acts or conduct of the other. " 13. WAIVER OF SUBROGA nON. Neither Lessor nor Lessee shall be liable to the other nor to any insurer of the other party claiming by way of subrogation through or under either one with respect to any loss, damage, injury or death to the extent that either party shall be reimbursed or has the right to be reimbursed out of hazard insurance carried by Lessor or by Lessee, as the case may be, with respectto such loss, damage, injury or death. In the event that their respective insurance policies do not already provide for waiver or subrogation, Lessor and Lessee each agree to obtain a waiver of subrogation endorsement from their respective insurers. 14. ASSIGNMENT; SUBLETIING. Lessee shall not sublet or assign the Leased Premises or any part thereof, nor transfer possession or occupancy thereof to any person, corporation, partnership or association, nor transfer or encumber this Lease Agreement without the prior written consent of Lessor, which consent may be withheld by Lessor in its sole discretion, nor shall any assignment hereof be effected by operation of law or otherwise without such consent. Any such consent, if given by Lessor, shall not release Lessee from any of Lessee's obligations under this Lease Agreement (unless so specified), nor shall it serve as a waiver of the need for written consent in all future cases. Any assignment, sale or other transfer or encumbrance of more than 25% of the stock of Lessee shall constitute an assignment of this Lease Agreement in violation of this Section 14. Lessee may advertise in anticipation of a need to sublease the premises; however, Lessee may not use the name "PNC Bank" or the name(s) of its assigns or successors in any such advertising to defIDe the premises. 15. SIGNS. Lessee's name and signage may be placed on the monument-style sign located in front of the Building (below signage of Lessor) and on the wall surface immediately outside of Lessee's premises within the Building. These signs shall be made and installed at Lessee's cost. However, unless specifically approved in writing by Lessor in advance, no sign, placard, picture, advertisement, name or notice shall be displayed, printed or affIXed to the outside or inside of the Building, the Leased Premises or in the vicinity of the same. The Lessor hereby grants such written approval to the above-desribed signage. Any sign erected or displayed in violation of this provision shall be removed by Lessee upon three (3) days written notice from Lessor. Failing such removal, Lessor hereby reserves the right to remove such sign at. the cost and expense of Lessee and collect the same as Additional Rent hereunder, Upon the expiration or earlier tennination of this Lease, Lessee hereby agrees to remove all signs erected by Lessee and repair any , damage caused thereby and otherwise leave the area of the sign in a neat and clean condition. 16. CONDEMNATION. (A) PARTIAL TAKING. In the event that all or a part of the Leased Premises or the Building shall be taken by eminent domain or conveyed in lieu thereof(a "taking") which affects more than 25% of the parking area and major access to the Leased Premises only, Lessee may tenninate this Lease upon thirty (30) days written notice to Lessor unless Lessor shall provide reasonably equivalent parking and access on a timely basis. (B) TOTAL TAKING. In the event that after a taking, the Leased Premises cannot reasonably be used by Lessee for the purpose for which they were leased or in the event ofa.taking which prevents the operation of the Building as an integral unit, then and in either of such events this Lease shall tenninate effective as of the date that the condemning authority shall take possession of the same. (C) WAIVER BY LESSEE; RELOCATION DAMAGES. Lessee waives all claims against Lessor by reason of the complete or partial taking of the Leased Premises and hereby relinquishes and assigns unto Lessor any rights and damages to which Lessee might otherwise be entitled for condemnation of the leasehold estate created by this Lease; provided, however, that Lessee shall nevertheless be entitled to make any claims which Lessee may have against the condemning authority for relocation damages. damages for tenant improvements and any other payments lawfully due tenants as such, without diminution of the sums due Lessor. 17. LESSEE'S DEFAULT. (A) EVENTS OF DEFAULT. Anyone or more of the following shall constitute an "Event of Default" under this Lease: (I) Payment Default. Failure by Lessee to pay any installment of Basic Rent, Additional Rent or of any other sum provided for under this Lease for a period of five (5) days after the same is due. (2) Hazardous Conditions. Failure by Lessee to perfonn or observe any other covenant or condition of this Lease which is of such nature as to create or cause a situation which is hazardous to Lessor or to other tenants, persons or businesses or which may result in civil or criminal penalties being imposed upon Lessor or Lessee. Lessee shall cure such default as soon as possible but in no event later than forty-eight (48) hours after receipt of notice thereof. If Lessor is unable to serve notice on Lessee in accordance with Ser;;tion 29 hereof after making reasonable efforts to do so. Lessor may, at its option, correct such condition and charge Lessee for the cost thereof as Additional Rent or exercise any other of Lessor's remedies herein set fortll. (3) Non-Payment Default. Failure by Lessee to perfonn or observe in any material respect any other covenant or condition contained in this Lease which failure shall continue for a period of fifteen (15) days after written notice thereof by Lessor to Lessee; provided, however, that if Lessee's obligation is of such nature that more than fifteen (15) days are required for its performance, then Lessee shall not be deemed to be in default hereunder if Lessee shall commence such performance within said fifteen (15) day period and thereafter proceeds diligently to prosecute the same to completion. (4) Unauthorized Removal of Property. AJ.ty removal or attempted removal, without the prior authorization of Lessor, of any of Lessee's fIXtures, equipment, appliances or: personal property from the Leased Premises for any reason other than in the normal and usual operation of Lessee's business. C (5) Abandonment. Abandonment of the Leased Premises as hereinafter defmed in Section 21 of this Lease. (6) Assignment For Benefit or Creditors. An assignment by Lessee for the benefit of creditors or the appointment of a receiver for Lessee by legal proceedings or otherwise. (7) Bankruptcy. Institution of bankruptcy proceedings by Lessee, or institution of bankruptcy proceedings against Lessee which are not withdrawn or dismissed within sixty (60) days after the institution of such proceedings. B. ACCELERATION OF RENT; LEASE TERMINATION. In the event that Lessee commits, or allows an Event of Default to occur, the entire rent fotthe balance of the Term shall, at Lessor's option, immediately become due and payable as if by the tenns of Ibis Lease it were all payable in ad~ce. In such event, Lessor shall serve upon Lessee written notice of such acceleration. At such time Lessor may also serve on Lessee written notice as to the effective date of termination of the Term of this Lease. In such event Lessee shall have no right to avoici such tennination by payment of any sum due or by the performance of any condition, tenn or covenant broken. Lessee shall, however, thereupon surrender quiet and peaceable possession of the Leased Premises to Lessor. Notwithstanding any statute, rule of law or decision of any court to the contrary, Lessee shall remain liable, even after termination of this Lease, for Basic Rent, Additional Rent and accelerated rent due or to become due hereunder and for all damages caused by any or all of Lessee's non-payment defaults under this Lease. C. RE-ENTRY; RE-LETIING. In case this Lease shall be terminated as aforesaid, then Lessor, may, without notice, re-enter the Leased Premises by aid of legal process and terminate all services. If at any time, the Leased Premises become abandoned, Lessor may also proceed in accordance with Section 21 of this Lease. Lessor shall use commercially reasonable efforts to attempt to re-Iet the Leased Premises or any part or parts thereof. Such re-Ietting may at Lessor's option be for a term which is less than or exceeds the period which would otherwise have constituted the balance of the Term of this Lease, and Lessor may grant concessions or free rent or make improvements or additions to the Leased Premises in order to facilitate are-letting of the same, so long as Lessor's actions are commercially reasonable; provided, however, that Lessor may, without violating its obligations hereunder, attempt to lease other comparable unleased space prior to attempting to relet the Leased Premises. Lessor shall receive and collect all rents received from such re-Ietting (during the balance of the Term of this Le~e) and sh;ill first apply such rents against the expenses which Lessor may have incurred in recovering posSession of the t.eased Premises, placing the same in good order and condition for re-Ietting and such other expenses including attorneys' fees and other legal costs which LesSor may have incurred in connection with such repossession, and apply the remaining rentals as credits against all rentals due and owing from L,essee to Lessor. The balance, if any, maybe retained by Lessor. No such re-entry by Lessor shall be deemed to be an acceptance of surrender by Lessee of this Lease or of the Leased Premises. D. ACCEPTANCE OF DELINQUENT RENTALS. The acceptance by Lessor of delinquent rentals hereunder with knowledge ofa brC3ch by Lessee of any covenant herein or condition broken shall not in and of itself be deemed a waiver of such breach or condition broken. and any pending eviction proceedings or actions for monetary damages may be prosecuted further by Lessor without prejudice based upon this action alone. E. CONFESSION OF JUDGMENT. (1) MONEY JUDGMENT. FOR VALUE RECEIVED AND UPON THE OCCURRENCE OF AN EVENT OF DEFAULT HEREUNnER, LESSEE DOES HEREBY EMPOWER ANY A TIORNEY OF ANY COURT OF RECORD WITHIN THE COMMONWEALTH OF PENNSYLVANIA, TO APPEAR FOR LESSEE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS ruDGMENT AGAINST LESSEE AND IN FA VOR OF LESSOR, ITS SUCCESSORS OR ASSIGNS, IN THE COMMONWEALTH OF PENNSYLVANIA, FOR THE SUM DUE BY REASON OF SAID DEFAULT IN THE PAYMENT OF BASIC RENT AND OTHER SUMS, INCLUDING ADDITIONAL RENT, AND ACCELERATED RENT AND FOR THE SUM DUE BY REASON OF ANY BREACH OF COVENANT OR CONDITION BROKEN BY LESSEE. WITH COSTS OF SUIT AND A TIORNEY'S COMMISSION OF TEN PERCENT (10%) FOR COLLECTION, AND FORTHWITH ISSUE A WRIT OR WRITS OF EXECUTION THEREON WITH RELEASE OF ALL ERRORS AND WITHOUT STA Y OF EXECUTION. (2) JUDGMENT IN EJECTMENT. FOR VALUE RECEIVED AND UPON THE OCCURRENCE OF AN EVENT OF DEF AUL T HEREUNDER, OR UPON TERMINA nON OF THE TERM OF THIS LEASE AND THE FAILURE OF LESSEE TO DELIVER POSSESSION TO LESSOR, LESSEE FURTHER, AT THE OPTION OF LESSOR, AUTHORIZES AND EMPOWERS ANY SUCH A TIORNEY (EITHER IN ADDITION TO OR WITHOUT SUCH JUDGMENT FOR THE AMOUNT DUE ACCORDING TO THE TERMS OF THIS LEASE) TO APPEAR FOR LESSEE AND ANY OTHER PERSON CLAIMING UNDER. BY OR THROUGH LESSOR IN AN AMICABLE ACTION OF EJECTMENT FOR THE LEASED PREMISES FILED IN THE COMMONWEALTH OF PENNSYLVANIA, WITH RELEASE OF ALL ERRORS. LESSOR MAY FORTHWITH ISSUE A WRIT OR WRlTS OF EXECUTION FOR POSSESSION OF THE LEASED PREMISES AND. AT LESSOR'S OPTION. FOR THE AMOUNT OF ANY JUDGMENT, AND ALL COSTS, WITHOUT LEAVE OF COURT, AND LESSOR MA Y. BY LEGAL PROCESS, WITHOUT NOTICE RE-ENTER AND EXPEL LESSEE FROM THE LEASED PREMISES, AND ALSO ANY PERSONS HOLDING UNDER LESSEE. (F) CUMULATIVE REMEDIES. All of Lessor's remedies herein set forth (or provided by law) shall be cumulative and not exclusive and may be pursued simultaneously or separately at the sole option of Lessor. 18. LESSOR'S DEFAULT. (A) NOTICE TO LESSOR; TERMINATION. In the event that Lessor shall fail in any material respect to perfonn or observe any covenant or condition required to be perfonned by Lessor under the tenns and provisions of this Lease (which failure materially and substantially affects the tenantability of the Leased Premises), and such failure is not cured within fifteen (15) days after written notice shall have been give by Lessee to Lessor, Lessee may, at its option, tenninate this Lease at the end of such fifteen (15) day period or invoke any of Lessee's other remedies at law or in equity; provided, however, if the Lessor's obligation is of such nature that more than fifteen (15) days are required for its perfonnance, then Lessor shall be deemed to have complied with said notice if Lessor shall commence such perfonnance within said fifteen (15) day period and thereafter proceeds diligently to prosecute the same to completion. (D) NON-WAIVER DY LESSEE. A tennination of this Lease by Lessee pursuant to Subsection (A) above shall not be deemed a waiver by Lessee of any other rights or remedies which Lessee may have against Lessor hereunder, at law or in equity, nor shall such termination relieve Lessor of its liability to Lessee for any damages or losses Lessee has suffered by reason of Lessor's failure to perfonn. 19. PREVAILING PARTY-ATTORNEY'S FEES & LEGAL COSTS. Where litigation is instituted as between Lessor and Lessee for any cause arising under this Lease or in any manner related hereto, the prevailing party in such litigation shall be entitled to recover in addition to all other legal damages, the reasonable expenses of such litigation including attorneys' fees and other legal costs. 20. UCC SECURITY INTEREST; DISTRAINT SALE. This Section intentionally deleted. 21. ABANDONMENT. (A) ACT OF ABANDONMENT. Abandonment of the Leased Pr~mises by Lessee shaU constitute an Event of Default under this Lease and shall entitle Lessor, at its sole option, to exercise any of Lessor's remedies set fonh in Section 17. Lessee shall be deemed to have abandoned the Leased Premises if Lessee, without the prior consent of Lessor, removes all or substantially all of Lessee's furniture, equipment. appliances and personal property from the Leased Premises and Lessee is delinquent in the payment of the monthly Basic Rent due hereunder for more than ,thirty (30) days. . . '. . .. ., . (D) NOTICE; POSTING. Upon abandOnment of the Leased Premises by Lessee as aforesaid. Lessor shall make a good faith effort to servewritlen notice on Lessee in accordance with Section 29 hereof to the effect that, unless Lessee immediately cures its default, Lessor intends to re-enter the Leased Premises and take possession thereof, and that, if Lessor does so, Lessor may dispose of any remaining furniture, fIXtures, equipment, appliances and personal property of Lessee); and shall also post the Leased Premises with such notice. Both actions may be taken concurrently by Lessor, if Lessor elects to proceed under this Section 21. (q RE-ENTRY. At any time more than five (5) business days after the giving of the aforesaid notice to Lessee and the posting of the Leased Premises (whichever shall later occur), Lessor may re-enter the Leased Premises and retake possession of the same on behalf of Lessee (such action by Lessor, however, shall not be deemed or construed to be an acceptance of surrender of possession of the Leased Premises by Lessee unless otherwise stated in Lessor's notice to Lessee). (D) SALE OF GOODS. Further in the event of Lessor's re-entry into the Leased Premises as aforesaid, Lessor may take possession of any such remaining furniture, fIXtureS, equ ipment, appliances and personal property of Lessee in and about the Leased Premises and, ten (10) days or more after said re-entry, Lessor may sell or dispose of eh same in a commercially reasonable manner; provided, however, that, if, prior to said sale or disposal, Lessee requests return of such property and simultaneously pays all delinquent rents and all of Lessor's reasonable expenses (including attorneys' fees and other legal costs) arising out of Lessee's abandonment, then Lessor shall return Lessee's property to Lessee. The proceeds received from any sale of Lessee's property by Lessor shall be applied as a credit against any delinquent rentals and expenses (including reasonable attorneys' fees and other legal costs). The balance, ifany, shall be remitted to Lessee. (E) RELEASE OF LESSOR. FOR VALUE RECEIVED AND WITH INTENT TO BE LEGALLY BOUND BY THESE PRESENTS, LESSEE DOES HEREBY RELEASE AND DISCHARGE LESSOR AND ITS MANAGING AGENT, IF ABOVE NAMED, FROM ALL LIABILITY AND FROM ANY AND ALL CLAIMS, DEMANDS AND SUITS OR CAUSES OF ACTION IN LAW OR EQUITY ARlSING OUT OF OR IN ANY MANNER RELATED TO ANY ACTION TAKEN BY LESSOR PURSUANT TO THIS SECTION 21. 22. EXCULPATION. Lessor shall not be liable for :my injury or damage to any property at any time on or about the Leased Premises from any cause whatsoever (including but not limited to water, rain, snow or ice which may leak into or issue from the Leased Premises or from pipes or plumbing in the same) excepting any injury or damage resulting from the wilful, negligent or illegal conduct ofLessor, its employees, agents or invitees; provided, however, that nothing herein stated shall modify or amend Lessor's responsibility for repair of the Leased Premises as set forth in Section SeA) of this Lease. 23. QUIET ENJOYMENT. Lessor represents and warrants that it is the bUe and lawful owner of the Leased Premises or is lawfully empowered to enter into this Lease and that so long as Lessee shall perfonn all of Lessee's covenants and obligations hereunde;..L~e. shall have and enjoy quiet and peaceable possession of the Leased Premises. It is understood that it is of the utmost importance to the Lessee that any ongoing construction or other business activities within the building do not interfere with the '. Lessee's defined classroom instructional activities. 24. SUBORDINATION. This Lease shall be subject and subordinate to the lien of all present or future mortgages which affect the land, Building and Leased Premises and to all renewals, modifications, replacements and extensions thereof. This clause shall be self-operative but in any event Lessee hereby agrees to execute promptly and within ten (10) days of the request therefor deliver any estoppel certificate or other assurances that Lessor may request in furtherance hereof; provided, however, that in the event of foreclosure of any such mortgage or modification, Lessee shall attorn to the purchaser in foreclosure or who shall be named in any deed in lieu of foreclosure and shall recognize such purchaser as the Lessor under this Lease; and provided, further, that so long as Lessee is not in default hereunder, this Lease shall remain in full force and effect. 25. WAIVER OF NONPERFORMANCE. Failure by either Lessor or Lessee to exercise any of the respective rights hereunder upon nonperfonnance by the other party of any condition, covenant or provision herein contained shall not be construed as a waiver thereof, nor shall the defective perfonnance (or waiver of nonperfonnance) of any such condition, covenant or provision by the other party be construed as a waiver of the rights of the non-defaulting party as to any subsequent defective perfonnance or nonperfonnance hereunder. 26. ENTIRE CONTRACT. This Lease constitutes the entire contract between the parties hereto and there are no understandings, promises, representations or warranties, oral or written, relating to the subject matter of this Lease, which exist or bind any of the parties hereto, their respective heirs, executors, administrators, successors or assigns, except as set forth herein. No amendment, change or addition to this lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by both parties. 27. APPLICABLE LAW. It is mutually understood and agreed that this Lease shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania and that no presumption shall be deemed to exist in favor of or against either party hereto as a result of the preparation or negotiation of the same. 28. SEVERABILITY. If any particular teim~ Covenant or provision of this Lease shall bedetennined to be invali.dand, unenforceable; the same shall not affect the remaining pr()visions of this Lease which shall nevertheless remain in full force anc;! effect. 29. NOTICES. All notices, requests, demands and other communications required or pennitted under this Lease ("notices") shall be in writing, signed by or on behalf of the party giving notice and shall be deemed to have been given as follows: (a) if personally delivered: on the date of actual delivery to Lessor (or Lessor's Managing Agent. if above named) or to Lessee or any person in charge of Lessee's office in the Leased Premises; or, (b) if mailed: on the date upon which any notice shall have been received as shown by a Certified or Registered Return Receipt. The following addresses shall be used for the foregoing purposes: LESSOR: PNC Bank, NA A TI'N: Property Administrator/Camp Hill Main 4242 Carlisle Pike Camp Hill, PA 17011-4158 With Copy to: PNC Bank, NA A TI'N: Leasing Manager One PNC Plaza, 18thFloor 249 Fifth Avenue Pittsburgh, PA 15222-2707 II.. cI~'r"O"" A.:;ee :c. f("J , r... c:; LESSEE: Flvdti!li.if) Poiflt IntemBlion:U,.!nc. A TI'N: George Anderson }J 1 -+ 1605 N. Cedar Crest Blvd. Suite 402 { l~{ Allentown,PA 18104 <; tc I Ale.. I C.I \P ~\1:3 (1~ provided. however, that either party hereto may change its address for such purpose from time to time by giving written notice of slIch , ' cbanged address to the other party. If notice is given by Certified or Registered Mail and the same is returned by the U.S. Postal Service marked "Refused" or "Unclaimed", service shall be deemed to have been given on the first business day following the date of mailing the same. Lessor shall be under no duty to post the Leased Premises except as otherwise specifically provided herein. 30. CONSTRUCTION. All words herein referring to Lessor or to Lessee shall be taken to be of such gender and number as the circumstances may require and if the Lessee be more than one person, the provisions hereof shall be taken to bind and apply to them jointly and severally. 31. SECURITY DEPOSIT. In addition, Lessee agrees to deposit with Lessor on the date hereof the sum of Eleven-Thousand Six Hundred Twenty-Five Dollars ($ 11,625.00), which sum shall be held by Lessor, without obligation for interest, as security for the perfonnance of Lessee's covenants and obligations under this Lease, it being expressly understood and agreed that such deposit is not an advance rental deposit or a measure of Lessor's damages in case of Lessee's default. Notwithstanding the above, upon completion of the eighth (8th) month of the initial lease term, and provided that Lessee is not then-currently in default, one-half of this Security Deposit, or $5,812.50, shall be returned to Lessee by Lessor. Lessor shall retain the remaining Security Deposit of $5,812.50 for the balance of Less'ee's tenancy~Lessee shall be responsible for notifying Lessor in writing to request the Security Deposit return defmed herein. Upon the occurrence of any event of default by Lessee, Lessor may, from time to time. without prejudice to any other remedy provided herein or provided by law, use such fund to the extent necessary to make good any arrears of rent or other payments due Lessor hereunder, and any other damage, injury, expense or liability caused by such Event of Default; and Lessee shall pay to Lessor on demand the amount so applied in order to restore the security deposit to its original amount. Although the security deposit shall be deemed the property of Lessor. any remaining balance of such deposit shall be returned by Lessor to Lessee at such time after termination of this lease that all of Lessee's obligation under this lease have been fulfilled. 32. (A) BINDING LESSOR. This Lease shall not be binding upon Lessor unless and until the same shall have been signed by Lessor and delivered by Lessor to Lessee. (B) BINDING ALL PARTIES. After this Lease shall have been fully signed by all parties and delivered by Lessor to Lessee, however, the same shall be binding upon and inure to the benefit of the said parties and their respective heirs, executors, administrators, successors and assigns. 33. WAIVER OF TRIAL BY JURY. IT IS MUTUALLY AGREED BY AND BETWEEN LESSOR AND LESSEE THAT THE RESPECTIVE PARTIES HERETO SHALL AND DO HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER (EXCEPT FOR PERSONAL INJURY OR PROPERTY DAMAGE) ON ANY MA TIERS WHA TSOEVE~ARISING OUT OF ORIN ANY, . ._ WAY CONNECTED WITH THIS LEASE AGREEMENT, THE RELATIONSHIP OF LESSOR AND LESS.EE.. AND LESSEES ' . USE OR OCCUPANCY OF SAID LEASED PREMISES. .IT IS FURTHER MUTUALLY AGREED THAT IN THE EVENT' LESSOR COMMENCES ANY SUMMARY PROCEEDING FOR NON-PAYMENT OF RENT, LESSEE WILL NOT INTERPOSE ANY COUNTERCLAIM OF WHATEVER NATURE OR DESCRIPTION IN ANY SUCH PROCEEDING. WITNESS the due execution of these presents by duly qualified and authorized officers or representatives of each party, in duplicate originals, as of the day and year fU'St above written. . LESSOR: WITNESS/A TIEST: tJ~G ~({ '"l ~ r\.-. W6- ~~ ~ - IJ,.~ J~v jO-J I}.,S'C('" c.. I~ 1 (Corporate or Busin~am~ 4 L 5-c r ....c -Ie.,.y /' ,/), ~ I f /7 (a~:r/7}:C,t:--= By: I ~ 01.~, L1~ I f a corporation or other e tity indicate title of officer or represent:ltive -.I ..LC' signing on behalf of Lessee] "':>>:.~~~,~...uu.. "'0 ~~..:t:k. J..... .....4, ~~- ~ tnu...J~JI ~....... .~. 3 ~b.o. ~ ~ '..i~~::~~~l:.~~~"'-L~ ~ ~9~'.~ ~ "^'.. ,m",.;>..~ .aAa.-'-L 7:i ~ fr.J::I...... ~ ~ ~ ~~. ,lfcr- 9/4 ell-eli' T:fl;thc, LESSEE: -r (' -.... . WITNESS/A TIEST: BUILDING: Camp Hill Main SUITE NO. ISO LESSEE: Productivity Point International, Inc. RULES AND REGULATIONS l Reference is made to Section 6 of the within Lease. Pursuant thereto, Lessor and Lessee hereby covenant and agree that the following Rules and Regulations are necessary and proper for the general care, safety, cleanliness and proper maintenance of the Leased Premises, the Building and the common areas of tbe same; that the same shall be faithfully kept, observed and performed by Lessee, its employees, agents and invitees. I. AS TO PHYSICAL FACILITIES 1. Entrances; Hallways; Common Areas. The entrances, hallways, stairways, sidewalks, parking lot and common areas shall not be obsllUcted by Lessee or used for any purpose other than for parking and access to the Leased Premises. Lessor reserves the right to modify, enlarge or alter the arrangement and location of the entrances, hallways, stairways, sidewalks, parking and common areas from time to time without liability to Lessee; provided, however, that Lessor shall provide reasonably equivalent access and parking on a timely basis. 2. Keys and Locks. Lessor shall furnish Lessee with two keys to the Leased Premises free of charge. Lessor may require a reasonable deposit in connection with such keys. In the event of the loss of such keys, Lessee agrees to reimburse Lessor for the replacement cost of the same and for the changing of any locks if detennined to be necessary by Lessor. Lessee shall not alter any lock or install new or additional locks or bolts on any door to the Leased Premises or the Building without the prior written pennission of Lessor. 3. Tampering with Building Systems. Lessee shall not tamper, obstruct, alter or in any way impair or interfere with the efficient operation of the heating, ventilating, air conditioning, electrical, fire, safety or lighting systems of the Building and the Leased Premises nor shall Lessee change the setting of any thennostat or temperature control valves in the Building. 4. Drill Holes; DriVe NailS, LesSee shall not drill holeS, fasten any article or drive "nails or crews into the walls, ceiling, floors"" ". or panitions without the prior consent-of Lessor. Notwithstmrding the above; Lessee may hang picfures, licenseS, etc., ofreasollable" size, without prior pennisssion from Lessor. . . , 5. Electrical Installations. All wiring, plugs and call boxes shall be installed at locations approved by Lessor and no drilling or cutting of wires shall be allowed except with Lessor's consenL Lessee shall install no fuse of greater capacity than the safe capacity of the Building nor use any method of heating or air conditioning other than tbat supplied by Lessor. 6. Roof; Walls. Lessor reserves the exclusive control of the roof and exterior walls of the Building. Lessee shall not install a radio, TV antenna, loudspeaker, searchlight, microwave dish, solar device or similar facility on the roof or exterior walls of the Building. 7. Toilets. The toilet rooms, toilets, urinals, wash boles, slop sinks and other plumbing facilities shall not be used for any purpose other than that for which they were constructed and no dirt, waste or foreign substance of any kind shall be thrown therein. The expense of any breakage, stoppages or damage resulting from a violation hereof shall be borne by the tenant who. or whose employees or invitees, shall have caused the same. " 8. Window Coverings. No shades, screens, blinds, curtains, draperies, shutters, awnings, canopies or other coverings shall be hung, placed in or attached to any window in the Leased Premises or the Building without the prior consent and approval of Lessor. All window coverings shall be maintained in a unifonn maMer consistent with the heating and air conditioning requirements and aesthetic appearance of the Building as prescribed by Lessor. No bottles, parcels or other articles shall be placed on any window sills. 9. Paint; Wallpaper. Lessee shall not paint, wallpaper or otherwise cover the walls or ceiling except with the prior approval of Lessor and then with paint, wallpaper or'materials of such quality and color as approved by Lessor. 10. Floor Coverings. Lessee shall lay no linoleum, tile, carpet or other similar floor coverings so that the same is affixed to the floor of the Leased Premises in any manner except as approved by Lessor. The use of cement or other similar adhesive materials is expressly prohibited. The expense of repairing any damage resulting from a violation of this rule as well as the cost of removal of any such floor covering shall be borne by Lessee. Exhibit "A" - II 11. Door Mats. Lessee shall not place any door mats, rugs or planters in the hallways or common areas without the prior approval of Lessor. 12. Equipment, Supplies; Delivery, Placement. Lessor may designate appropriate entries for the delivery and shipment of equipment, appliances, furniture, supplies and materials. Lessor reserves the right to prescribe the maximum weight, size and placement of all equipment, appliances, furniture, materials or other property brought into the Building. Heavy equipment, computers or other property shall (if it is detennined to be necessary by Lessor), be placed on a platfonn of such thickness and composition as is necessary to properly distribute the weight of the same. All damages done to the Leased Premises or the Building by the movement or maintenance of such equipment and property shall be borne by Lessee. t 13. Business Machines. Business machines or mechanical equipment which cause vibrations, noise, cold or heat that may be transmitted to the Building structure or to the leased space outside of the Leased Premises shall be placed and maintained by Lessee, at its sole cost and expense, in settings of cork, rubber, spring-type vibra~on eliminators or other materials sufficient to absorb and prevent such vibration, noise, cold or heat. No business machines or mechanical equipment which require unusually large amounts of electricity shall be used or installed in the Leased Premises without the prior written approval of Lessor. n. AS TO USE AND OCCUPANCY 14. Objectionable Uses. (a) Lessee shall use the Leased Premises oniy for the use specified in Section 5 of the within Lease. Lessee shall not use or occupy the Leased Premises in any manner offensive or objectionable to Lessor or other tenants by reason of noise,odors or vibrations or interfere in any way with other tenants, their employees, agents or invitees. (b) Lessee shall not play any radio, TV, stereo, tape recorder, musical instrument or other device in such manner as to cause an annoyance or disturbance to any other tenant or tenants in the Building. ' (c) Lessee shall not use, store or dispose of any of the following in or about the Leased Premises, the Building or the common areas: (i) any kerosene, gasoline or other combustible fluids or materials; (Ii) any hazardous, toxic or radioactive materials or supplies; or (iii) any foul or noxious gases or other substances. (d) Lessee shall not do or pennit to be done any act or thing which will be in conflict with any provision of Lessor's insurance policies, jeopardize the coverage of the same or increase the rates of such insurance. 15. Trash DisposaL ,AJI trash or refuse disposal shall be placed in containers provided by Lessor. No materials shall ~ placed in trash receptacles if such materials are of such nature that they may not be disposed of in the ordinary and customary manner of removing such trash or refuse. material in accordance with local ordinances and requirements or with those of the contract carrier accepting such trash or refuse. . . , . ' ... . .. 16. Animals; Vehicles. Lessee shall not bring any animals or birds into the Building and shall not pennit bicycles, motorcycles, mopeds or other vehicles inside the Building or on the sidewalks or common areas outside the Building except in areas designated from time to time by Lessor for such purposes. 17. Storage. The Leased Premises shall not be used for the storage of furniture, supplies, merchandise or equipment except as approved by Lessor. 18. Cooking; Living In. No cooking shall be done or pennitted in the Leased Premises except private use by Lessee of Underwriter approved appliances for brewing coffee, tea, hot chocolate or similar beverages. Lessee shall not use the Leased Premises for sleeping quarters or as an apartment. 19. End of Business Day. Lessee shall ensure that the doors of the Leased Premises are closed and locked and all water faucets. water apparatus, office machines and utilities are shut off prior to leaving the Leased Premises at the end of the business day so as to prevent waste and damage. . III. GENERAL 20. Security; After Hours Admission. Lessor reserves the right to exclude from the Building between the hours of 6:00 P.M. and 7:00 A.M. and at all hours on Saturdays, Sundays and legal holidays, all persons not known to Lessor or who shall not be able to present identification acceptable to Lessor. Lessee shall submit to Lessor a list of all persons authorized by Lessee to enter the Building and the Leased Premises and Lessee shall be responsible for the acts of all such persons. Persons entering the Building after 6:00 p.m. on business days and at all tir!Jes on Saturday, Sunday and holidays may be required to sign a register in the lobby Exhibit "A" - 12 maintained for such purpose. If Lessee uses the Leased Premises after regular business hours or on non-business days, Lessee shall immediately lock any entrance doors to the Building after using the same. In the event of an emergency, Lessor reserves the right to prevent access to the Building during the continuance of such emergency or penn it only limited access. ' :21. Outside Contract Services. Except with the prior written approval of Lessor, no person other than those approved by Lessor shall be pennitted to enter the Building for cleaning or other contract services. 22. Advertising. Lessor shall have the right to prevent any advertising by Lessee which, in the opinion of Lessor, tends to impair the reputation of the Building and its desirability for office use. Upon written notice from Lessor, Lessee agrees to refrain from or discontinue any such advertising. 23. Waiver. Lessor reserves the right to waive anyone or more of these Rules and Regulations for the benefit of a particular tenant or tenants but no such waiver by Lessor shall be construed as a waiver of such Rules and Regulations in favor of any other tenant or tenants, nor prevent Lessor from enforcing these Rules and Regulations against any or all of the other tenants of the Building. 24. Additional Rules and Regulations. Lessor reserves the right to make such additional changes and additions to these Rules and Regulations as in the judgment of Lessor may from time to time be needful for the safety, care and cleanliness of tile Building. Leased Premises and common areas and for the preservation of good order therein. Lessee agrees to abide by all such changes and additions to these Rules and Regulations. 25. Non-observance By Other Tenants. Lessor shall not be responsible to Lessee for the non-observance of these Rules and Regulations by other tenants. 26. Breach By Lessee; Lessor's Remedy. In the event that Lessee shall fail in a material respect to observe and comply with any of these Rules and Regulations, Lessor may give written notice to Lessee to correct or cure such non-compliance promptly upon receipt of such notice. If within five (5) days after receipt of such notice, Lessee shall not have corrected or cured such non- compliance with these Rules and Regulations or commenced a bona fide effort to do so, Lessor may treat such failure as an Event of Default under Section 17(AX3) and, may proceed to exercise any of Lessor's remedies set forth in Section 17 of the within Lease, upon compliance therewith. Also in the event of such non-compliance by Lessee, where Lessor undertakes to perfonn such curative work on behalf of and at the expense of Lessee, it is hereby agreed that such expense shall be collectable as Additional Rent under the within Lease. ABOVE RULES AND REGULATIONS HEREBY ACCEPTED AND APPROVED: LESSOR: p ~'<-.~~) l) f\- Corporate or Business Name BY~~---- .g}" Authorized RepreseJtative D~ted: III z.. I r,'cc:e" /0 T....c ame J .s:- c -0:- 'fT;;"1/7 I ~V~ ) ,1996 Exhibit "An - 13 ,..... . ". ._ I,..... LEASE AMENDMENT TBIS LEASE AMENDMENT lmtOnld into t.bIa ~ day or ~ 199B. by U1d between PNC Bank, N.A, (ftLlmd1ord"), IIJId Productivity Point Int'l- em Inc., succeeaor by merger to AnderIlOD Associates, 1m ("Tonant"). WlTNIlSSETB. that: WBltREAS. Lanc:Uordand Tonant entered intO that certain Lease Agreement dated ADpIt 22, ]996, for certain premilCll conslltlni or. total ofapproximatoly 4,500 rentlble square teet onth6.first.&osr otthc.buiJdhlg..kJl()WlLAl.PNCJlDnk.BlliIdID&k!li.ItmlM~~2 CaU,1o Pike in Camp WJl~1\liAJwtUcctivcly, ~'a~ m1:'j6143 11 !r;~VgB WRF.lU:AS, LaIldlord and Ten&IIt wish to expand the III'JIJUDI of apace uQder Leue on the f'Irat tloor oftbe Building (II ShOwn,DD attadJad BKhibit " A") &om 4,500 nmtabIo square re. to a new total of 5,494 remable square feet (a JlOt space, expanaion of994 square filet, colIsllAing ofspage identiliod 81 ''lh~0Jl Space" on &Nbit · A.. Oft the termI hereinafter stated; NOW. TBEREI'ORE, lbr good IIId valuable considention. the receipt and aumcicmcy ~=:ee ~~ed8ed !'1~11ul~~~~~bound hereby, Landlord lIdd .1,;..., .~~",,~~A~~P,S ~;,~,~y.~~1Ft!,by,thia~ce. .... ..... ...._'.. .}.~._.,.l',....\ 1_.&....,_....... II,...., ,........~...t)-~..~.J.;..:"-;T..... ~',.. ..; ~.'_._.!t. 1'2. ....: ;.ui{eriirriotd.ainli~fintb\J:L_'~~'bH~WthOrbeanJnp ucribed to I'''. -... -, ....,'.._...:!i.,;.":..l....l. .,..",.,. '~r .... ....... ", fA ....~..1...f,.'." suehtenn.'Urthe"~'h~..."",,, f.':' . """" .c. ( ,,,",;.,,' ". 'f";"Ti.;spabd'EXpanllion Date Bhatl be May IS, 1998; '4{. '.:: ~;~:~'tibiiSatiODs:Uqilorth~.:i!easO)S to'~~tioti'..~ squuofoet ofSpaC'-Iid~~:to~I1~;~~~-!~ CDDUnen~tI..qr~~t ~~:fI5, l~ On that dato. tho oxpl11~~.,ap~>~I:~~~of'~:Ie,,~ '~ses and tllerevfsed:tMtid scbedule fur the balanco Of.Tenaat~.~'ihiill 'bc'utoll6WSl - ": - :.~""...:.:.,;.-e~.,;!i~~~.,.:h:.~::\-;:.:==;:}.-:".~::_..;-;rii ,.:' - :'~rO/1SI99;:J:. tOIl'41OO ' ":-. $9:J,:Osi:4o": t.: :H:S7,7S4;45 10/15/00 10114/01 S 95.844.96 S 7,987.08 ..;'_.' /...~=':.:.:..~.~~..._~~:<)_._,~ ':~,::' ;~..~~:,;r~.:-.. -, ..'_;.:.::..~Li, ;';--,;: ,.'~.. ':,:-_ .::tt' :'l~ 1::- .'. ,',n. !<;!~~:'; :'.:r:~ ::. >:.::.~: C', i,-~": J ~. ::' L:~.>-. '+.r .~' ...~.~.~ "(,:)'1~./.; j; \~i'~.:c.r: .. c:: r. ,~(;. '. .. ~ .'..' :,~~::;~J"i ':::-~.-:'.-.- '.:1:. ~. .j' ~:"'. ... ".;...k,':. ..!-. I ,,\ 1'. ~-~~-u~; 4:~b~M;Hea!~y ~erv'ce~ I '-........ t:.l:.. c:.~,;;;. .I............JU r 1'1'- l""'t;,t""1~ I I .,:)C""'VJ.l,.,..~~ ,~/V '='V' v,.::....;,> '+J." (0" :;;>J.':;J':;J r-'.ICJ':;J/lQ", :.. 'or ...~". '~") ~"\ . J . ,. .. 5. The rentable square feet of the entire Leased Premises under the Lease shall hereinafter total 5,494 rentable square feet; 6. The Expansion Space shall be delivered to Tenant, in an as-is, where-is condition, upon full execution of this Amendment so that Tenant may complete improvements to the expansion Space and/or occupy. Notwithstanding the above, Landlord herein agrees to complete renovations to Expansion Space One Hmited to the addition of interior walls, electrical outlets, patching of existing wallcoverings and carpet and aU necessary painting. all at Landlord's expense. In addition, Landlord agrees to construct a new wall in Tenant's initial Premises in the area designated as the book and supply room. All improvements must be based upon drawings approved by Landlord and Tenant. In the event landlord fails to completc such work by May IS, 1998, the revised rent schedule shall begin on the date of Landlord's substantial completion of the work. 7. This Lease Amenc:Jnvmt sbaIl be binding upon and inurc to the benefit of the parties hereto and the respective heirs, successors and assigDS. IN WITNESS WBEBEOF, the parties hereto have duly executed this Lease Amendment on the date and year written above. wITNEss: PNC Bank,N.A. (Landlord) BY~ J. .' Vice~anJ CI*f~t(JIJI.<< ()jfV.#,.' Productivity Po' bat'l-AlIentowD, lac. (TeDaDt) WITNESS: Yhiuwx I.lItW4 By: Fl- TOTAL P. 09 . " PDiN I .. T . III N A T I 0 .. A ". TlCtII'Q QGY LlfJlfllHG IClLIIIICIN IU.:I.....hIlJ..... 1101 N. CecIIr CNlt IIvd. 8u'" _ AI".awn. PA 11104 Ph..: l1.....na I'a; 11a.<<N.... The R1int Is Time~ f a Ii e IJ v f~ r S II f: f: r DA1III . .;';t:/;"A;if',-" ,. .." , "='~l='=:~:"~:f:""':' .....,....,.;..._.':;~'f.:;,..:;~:.., ._""IJ..\1 ~;." /,1:.;: , J i :I~;,'I,'.::;J - J' .J..<tI 2.. ,.I4IJ'~ U' n:-.:' q - 9 t I .. , I '2 .3 ..1l'llQIIt...J:ft.I".-M UN .. 'r: -= L '\#'4ir~.it'~~r';.J. NwtIWt;I....~........ , " ,~ ..... M....ge "I'" },:P '1'"", lv, ' , , . .._ DINIIII: ...o-m-e111 PAX: j "".-....-..., -': ,.cO ,"., , " , " ~ . ',\" ",'-, - - .. . ,. ".' =.' .....,....: ..".. .'. /... ..:.. l .' ~:. I ,,, "",.7 1-( .."" t 1-1. .';':s . 't)( .. ' ~ ~., ( S:$ Io.tJ f...x . J ,,'I 'r' '",,"', ",,,:, ,',. r "I " (} .... ' , ... , . .....':...;;;. II . ',. -L ,-- .. e.p'~J' ()t D~ r.t f'a-. t. {'/,...,t " I :l> f,., ,Ift.;"'~'" f Y. ""., ,'~j J~ ~II :: u~.. :.;f;)" 5' $.,'" /cr'~~r ,'.... e / I. II? r ';l .r '., ,.! ':-' , .."f:lll' Y' r.:. ",..> ",.;;0;.,[:. 1/ -- "'... r- '..:.,' 'l< f. . .. C. & I' . ('I . '~,:_''''. C.. '.~ A. . ... ,~ , . .~? . , ) J~'~ vq~ PNG Ilank, N.A. 201 Penn Avenue P.O, Box 231 . Scranton, PA 18501 '11"1 'jtJj 1j/~ lei 7179616123 Fax Jonn J. LUflnsKllS Vice President Chief Administrative Officer February 24, 1998 f,{oA~V 01 Mr. George Anderson, Ed. D. General Manger Productivity Point International 1605 N. Cedar Crest Blvd. Suite 402 Allentown, P A 18104 PNCBANK \~ ~ K {n .~~ ^ lffrl -~t~~'~ As discussed on Wednesday, February 18, 1998, PNC Bank is pre~ ~v\~W- on the first floor of the above captioned facility. Preliminary details, per our dtSCUSSlon, can De finalized and executed in relatively short order since the space is available now. RE: Additional Space Hampden Building - Camp Hill Dear George: Details: 1. The first floor space is located at the northwest comer of the building (adjacent to the Bank's H.R. Department). 2. The space is 994 rentable sq. ft. and at your current rate ($15.965) would amount to $15,869.21 per year or $1,322.42 per month. 3. In addition, the "rolling shelves" storage room you had expressed interest in, is 222 rentable sq. ft. which equals $3,544.23 per year or $295.35 per month. The storage area is to be taken "as is". 4. The space referred to in item #2 above would be renovated to suit and paid for by PNC Bank upon approved drawings by both parties. Generally, renovations will include electrical outlets, new walls, patching of existing wall covering, paint as necessary, and patching of carpet as necessary. Renovations do not include telephone, data cabling, or any "specialized" power requirements. Very truly yours, 5. In addition, PNC agrees if the additional space (item #2 above) is leased that we would install a dividing wall in the existing office space you lease as designated on the drawings as the bo and pp m. (fr:o ~ \'0\~V' ~ ~~j~ , ;,.? cp' John J. Zurinskas Vice President Chief Administrative Office , '. POjN I ,. T I R " A T ION A L. TECHtIDLQGY LUANING IClWTIOHI The Point Is Time: ..................... 1101 N. Cw:Iar erN' 81vd. ..... - All....... PA ,.,04 Phone: f10A34.T2G Fu: 1'10.-.110I f :t)( C U v t: r S " e e t .....u.w.....~~..u;,:...;u......;.;;~'.."...,>-~_....~, ~-..;~ ':'., ,I,'> 01\_ TO: Juk"" ~4"'-NS 4111 I'ROII:...." A_ ";l'!!~J' ,~~"'~-::."'l'k~.'" 1"';0 ",... / "t..~,. :,E.,) ...... PAX: 117 "'11' .... DfrIot f10..771-1111 PAX: III: C c '1 pl/.. .f! tJ:~ Number fit pIIgIIa including r:rt:rM IhMt 2.- Mes.age :;OI"N t-l.,. ~ r e.,J t lr:-r: +,., ~../ c !" r( ~ O()tA. n." (.e.f ~. Ul ex: /t(. 0~ /t!rKR ; (lfr s 11..mJ I J 1lcCFf>! ~/...Q.... . ~ , 7~ ,'J J'p.ff'. ,. ~ .'Ii'" "'J - ..J" , {, A.-'1 #OR,.; ~fII"'.Iz to i A /"0 c.. t <, ""1-1..,.. . Il~~ t 70 eo ~ ,r" 1~~ .;u.fr./ he r '''C' .2. ~,;.l/ Fax # -.IZ3 , I~" 'I-Lr ~.,1 (;J ~ AJ ~ '1/ fff " (ON j GIJ,..... f "., I) " 7671 e.. Fax # . " '/1.0 If a ClI"1r LJ." r." J II ,~. 'II :-1. 'l Ntlf, " P..'~ t 111' eu,(V " t e.,...,... -/-e...". ~ Qi) _ tV r ~~, J IU( ~. r!J I" wt" ~"... ",., CO" 'fl, j. l-u.., v,",C' t....,..../.r..... , ... ~I .... 111. - ~ ..... i , !oil C 'flU . o..~_. ~ '1' , :). :too'" . e.~ r."'N'~ ~""'oo"" ~...., t Ie. ClIlllM IlIIJ .,i,._ + f "',,' ' ,. 11 ~I ~~ 8SI1 /1~1 ~ ~ 'I I '! " "'" " , I " " SECOND AMENDMENT mIS LEASE AMENDMENT entered into this _ day of May, 1999, by and between PNC Bank, N.A. ("Landlord") and Productivity Point Int'l-Allentown, Inc., successor by merger to Anderson Associates, Inc. ("Tenant"). WITNESSETH, that; WHEREAS, Landlord and Tenant entered into that certain Lease Agreement dated August 22,1996, as amended by Lease Amendment dated May 12, 1998 (collectively, "Lease") for certain premises consisting ora total of approximately 5,494 rentable square feet on the first floor of the building known as PNC BanI.yBuilding located at 4242 Carlisle Pike in Camp Hill, P A (the "Leased Premises"); an,d WHEREAS, LandlorQ and Tenant wish to expand the amount of space under Lease on the first tloocofthe Building :from 5A94 rentable square feet to a new total of approximately , 7,170 rentable square feet (a net space eXpansion of approximately 1,676 square feet (the ' "Additional Space''), consisting of space identified as "Additional Space" on Exhibit "A"), on, the terms hereinafter stated. :.~._~"f'I- NOW, THEREFORE, for good'and valuable consideration, the receipt lind sUfficiency whereof is hereby acknowledged and withtlie intent to be legally bound hereby, Landlord and Tenant agree as follows: 1. The foregoing recitals are hereby incoIporated herein by this reference: 2. All termS not defined in this Lease Amendment shall have the meanings ascribed to such terms in the Lease. 3. The commencement date of the Lease with respect to the Additional Space shall be June 1, 1999 (the "Additional Space Commencement Date''). In the event Landlord fails to deliver to Tenant possession of the Additional Space, Landlord shall not be liable for damages caused thereby. 4. All rights and rent obligations under the Lease as to the Additional Space shall commence as of the Additional Space Commencement Date. On that date, the Additional Space shall become part of the Leased Premises and the revised basic rental schedule for the balance of the term of Tenant's Lease shall be as follows: FROM 5/15/99 10/15/99 10/15/00 TO 10/14/99 10/14/00 10/14/01 RentIMontb $ 9,828.88 $ 10,123.74 $ 10,427.45 . " 2-22-02; 4:36PM;Realty Services rE;.CJ-~~-,,::,t;.lt;.lG J.">~-J"') rl~ "E:.t1L.1 I .;:)t:,l""'\vll",..t:.::J - ") ;570 961 6123 # 5,' 9 ~~~ (O~ ~i~~ I.~~/~j , .') S. Tbe rentable square feet of the entire Leased Premises under the Lease sball tota17,170 rental square feet as of the Additional Space Commeneement Date; 6. The Additional Space shall be delivered to Tenant, in an as-is, where-is condition, upon full execution of this Amendment so that Tenant may complete any Landlord approved improvements to the Additional Space. Tenant shall be subject to all the terms and conditions of the Lease as of the date oftalci1lg possession of the Additional Space. Notwithstanding the above, Landlord herein. agrees to complete renovations to the Additional Space limited to the addition of interior walls, electrical outlets, patching of existing wallcoverings and carpet and all necessary building standard painting. all at Landlord's expeoso. All tenant improvements must be based upon drawings approved by Landlord and Tenant and must be constructed in accordance with all applicable laws, mles. and regulations and in accordance with the terms of the Lease. In the event Landlord fails to complete such work by the Additional Space Commencement Date, the revised rent schedule sball begin on the date of Landlord's substantial completion of the work. 7. This Lease Amerd,n~.sball be binding upon and inure to the bCmefit of the parties hereto and the respective heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have duly executed this Lease Amencbnent on the date and year written above. WI'l'NESS: PNC Bank, N.A. (Landlord) ~ WITNESS: Productivity Pomt bt'I-AUentowD, Inc. (Tenant) mw,~~ tfJ, hY~j-rl~ By: <?~ S?~f~7 , " !:J<t/1.!i1 ~-. 1.l,dlW4 ~ ~ttl I I L~ ':lWI\tt ntl I FNC BANK ~AtrDEN BLDJ 1ST FLCCR - APRIL 1~~~ I LEASE MEA 'lr . . ll"FltE I FOINT ({) tcDlT ONAL. ([) 5P,LCE - 1 616 R5F , I -. .. .. I fD] 0FFlCE CFFlCE CD 0 "'". 0 ~O D c:=J LE^SE AAE^ "^" n , . MAY-€lJ-199'3 13:43 PNC BANK ADMIN SER/ LEGAL APR-28-1 '399 1<1: ~(! M"'- '*""" ...."'-...' "",,- ...........~ 1 717 730 2342 P.02/02 (}k: 91 ilL S-!lJ?, .... lIAS ,. - ..cc CCIIP. ~ ~ \Z.tS'C"'- JllI~ .J/I...._ ~ UWlI"" . IICca_ ' !I'll'" CFfU """" ~ .' i.l!!... all... ... o II'PI;C -- 1 ~ ~ ----.r-- ~ ""a. _ NSUcn..."" ,....: ~ TOTAL p, I . I I THIRD AMENDMENT TO LEASE AGREEMENT Th~~~Arnendment to Lease." Agr" e"em, e,nt is made an, d entered in. t,o.,as.,O,f"th,.i,S", IV: day of ~V' . 2001, by and between PNC BANK".~ ASSOCIATION ("Landlord") and....llJll~~I~..U1lli~J ~_, ".,.-.,." successor-in-interest to PRODUCTIVITY POINT INT'L-ALLENTOWN, INC. ("Tenant"). WITNESSETH WHEREAS, Landlord and Tenant entered into that certain Lease Agreement dated August 22, 1996, as amended by Lease Amendment dated as of May 12, 1998 and by Second Amendment dated May 1999 (as amended, the "Lease"), pursuant to which Tenant leased from Landlord certain premises consisting of approximately 7,170 rentable square feet of space on the first (1st) floor of the building located at 4242 Carlisle Pike, Camp Hill, Pennsylvania, all as more fully described therein (the "Premises"). WHEREAS, Landlord and Tenant desire to amend the Lease to, among other things, extend the term of the Lease for an additional one (l) year upon the terms and conditions hereinafter set forth. AGREEMENT NOW, THEREFORE, in consideration of the mutual and reciprocal promises contained herein, the Landlord and Tenant, intending to be legally bound, hereby agree that: - 1. The foregoing recitals and definitions are hereby incorporated herein by this reference. All capitalized terms used in this Amendment and not herein defined shall have the meaning given to such capitalized term in the Lease. 2. Notwithstanding anything to the contrary contained in the Lease, the term of the Lease is hereby extended for an additional one (1) year term commencing October 15, 2001 and terminating October 14, 2002 ("Extended Term"). Annual Rent for the Extended Term shall be $131,385.87 payable in equal monthly installments on the first day of each consecutive month in the amount of$10,948.82, commencing on October 15,2001. 3. Tenant hereby ratifies and confirms that its right to extend the term of the Lease for five (5) years is terminated and of no further force and effect and that it is not entitled to receive nor is Landlord obligated to pay any refurbishment allowance or any other payment under the Lease in connection with the extension of the term of the Lease. 4. The Tenant acknowledges and agrees that (i) Tenant has been in occupancy of the Leased Premises, and has taken the Leased Premises, in an "AS IS, WHERE IS" condition without any construction obligations on the part of Landlord, (ii) the Landlord has made no representations or warranties conceming the condition of the Leased Premises or any fixtures or other equipment located therein and has no obligation to make any alterations, additions or Page 1 of2 '. " I repairs in preparation for the tenancy of contemplated under this Agreement and (iii) Tenant has no further options to extend the Lease. 5. Tenant hereby certifies that Landlord is not in default of the Lease. 6. Except as modified herein, all other terms, conditions and provisions of the Lease shall continue in full force and effect and same are hereby ratified and confirmed. 7. This instrument shall be binding upon and inure to the benefit of the parties hereto and their respective successors. and assigns. 8. This Agreement may be executed in counterparts but all counterparts shall constitute but one in the same document. 9. The execution of this Agreement has been duly authorized by Landlord and Tenant and constitutes the legal, valid and binding obligation of Landlord and Tenant enforceable in accordance with its terms. In Witness Whereof, the Landlord and Tenant have caused this Third Amendment to Lease to be executed the day and year first above written. Attest: Name: Title: Witness: .kd'l:> 6 ~1Y1 Name: ~~~- ~ Title: (, I nt PNC BAN~;~ATIONAL ASSOCIATIO~ By: . 4V~ &J-~<-' Name: .&"h,I/r /&/, ~/'Z: 007 Title: U't:f::. ~es,'.Je..l" PRODUCTnnTYPOfINT flNTERNATIONAL, INC. r;~ ~-- M.j~ul H IWJIV'o']~. c.F"ll.o. By: Name: Title: Page 2 of2 , . I . FEB-01-2002 17:19 PNC REALTY SERVICES 412 762 5199 P. 01/02 VIA FACSIMILE: '1'.326-6373 AN11 CERTIFIEDMAILlRETURN RECEIPT REQUESTED Full $PNC February 1, 2002 Mr. Michael Kaelin Productivity Point International, Inc. 4515 Falls ofNeuse Road Raleigh, NC 27609 RE: Lease Agreement dated August 22, 1996 as amended by Lease Ameudmeut documents dated May 12, 1998, May 1999 and October 16, 2001 (as ameoded, the "Lease") between Productivity Point lateraational, IDe. successor in interest to Productivity Point lot'I-Allentown, me. ("Tenant) and PNC Bank, National Association ("L8Ildlord") for approximately 7,170 rentable square feet on the first floor of the building located at 4242 Carlisle Pike. Camp Hill, Pennsylvania Dear Mr. Kaelin: Pursuant to the terms of the Lease by and between Tenant and Landlord, your rent is due "min advance and without notice, demand or set oft; on the first day of each calendar month...". This letter is to inform you that you are currently in default under the Lease for the following reasons: Failure to pay rent for the months of September 2QOI, October 2001. November 2001. January 2002 and February 2002 Rent due immediatelv: September 2001: $10,427.45 + 10% monthly late charge over 6 months ($6,526.47) = $16,683.92 October 2001: $ 10,713.36 + 10% monthly late charge over 5 months ($5,356.68) = $16,070.04 November 2001: $10,948.82 + 10% monthly late charge over 4 months ($4,37C).53) = $15,328.35 January 2002: $10,948.82 -10 10% monthly late charge over 2 months ($2,189.76) = $13,138.58 February 2002: $10,948.82 + 10% monthly late charge over 1 month ($),094.88)= $12,043.70 TOTAL DUE: $73,264.59 The PNC Financial Services Group One PNC Pla1a 249 Fifth Avenue Pittsburgh Pennsvlvania 15222 2707 www.pnc.com 5h,b;/ "~/~ I .. . FEB-01-2002 17:20 PNC REALTY SERVICES 412 762 5199 P.02/02 Pursuant to the terms of the Lease, you have fifteen (15) days from the date hereof to cure the aforesaid defaults. If the aforesaid defaults are not cW'ed within the aforesaid time period, Landlord shall pursue its legal and/or equitable remedies against you. Any failure of Landlord to list all defaults under the Lease or to pursue any remedy against you, either at the present time Or any time in the future, shall not constitute a waiver of Landlord of any of its rights or remedies against you in connection with such default. If you have any questions please call me at 412.762.3345. Sincerely, National Ass7c~atiJD By: ~p::::1~ Name: Kathleen A. Tavlor Title: Assistant Vice President co: Michael Balent Michael Gamble Joseph Gibbons John Zurinskas Lease File . .. f JAMES D, FLOWER JOHN E. SLIKE ROBERT C. SAlOIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL 1. LINDSAY JOHNNA 1. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS mOMAS E. FLOWER FORRESTN, TROUTMAN, II LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407 EMAIL: attomey@ssfl-1aw.com CARLISLE OFFICE: 26 W. HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL February 27,2002 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL Productivity Point International, Inc. 4515 Falls ofNeuse Road - Suite 150 Raleigh, NC 27609 ATTN: Michael Kaelin RE: Lease Agreement Dated August 22, 1996, as Amended by Lease Amendment Documents Dated May 12, 1988, May 1999 and October 16, 2001 (as Amended, the "Lease") Between Productivity Point International, Inc. Successor in Interest to Productivity Point Int'I-Allentown, Inc. ("Tenant") and PNC Bank, National Association ("Bank") for Approximately 7,170 Rentable Square Feet on the First Floor of the Building Located at 4242 Carlisle Pike, Camp Hill, Pennsylvania (the "Leased Property") Dear Mr. Kaelin: PNC Bank, National Association ("Bank") has requested our firm to pursue its rights and remedies in connection with the Lease identified above, as amended. As you are aware, by letter dated February 1, 2002, the Bank informed Productivity Point International, Inc. of its defaults under the Lease for the reasons set forth therein and provided fifteen (15) days from the date of the letter to cure the defaults. As of the date hereof, Productivity Point International, Inc. has failed to cure the defaults under the Lease and Bank hereby declares Productivity Point International, Inc. to be in default of the terms and conditions of the Lease and hereby accelerates all amounts due in connection with the Lease and demands the immediate payment of all amounts due in connection with the Lease which, as of February 25,2002, is $120,213.33 calculated as follows: a. Balance of Late fee for October 2001: $ 3,060.96 b. Rent due November 1,2001: $ 10,948.82 Exhibit "e" ... .. . c. Late fees for November 2001: $ 4,379.53 d. Rent due January 2002 through October 2002 being nine months at $10,948.82 per month: $ 98,539.38 e. Late fees for January and February 2002: $ 3,284.64 f. Total due to the Bank as of February 25, 2002: $120,213.33 Please deliver payment of the $120,213.33 to my office immediately. Checks must be made payable to PNC Bank, National Association and be in the form of immediately available funds. As a result of the above defaults under the Lease, in addition to any other remedies available to Bank under the Lease and at law or in equity, the Bank hereby terminates the term of the Lease effective immediately and demands that Productivity Point International, Inc. vacate the Leased Property and surrender quiet and peaceable possession of the Leased Property to the Bank immediately. As set forth in the Bank's letter dated February 20, 2002 previously provided, the $29,693.00 partial payment has been applied by the Bank toward the delinquent rent due under the Lease and late fees accrued as a partial payment and without waiver of any demand or default under the Lease as follows: 1. Rent for September and October 2001 $21,140.81 2. Late fees for September and October 2001 $ 8.552.19 3. Total partial payment application $29,693.00 Nothing herein shall be construed as an offer to compromise the amounts due to the Bank under the Lease or as a commitment on behalf of the Bank to accept any terms and conditions in exchange for the payment of all amounts due under the Lease except for the immediate payment of all amounts due under the Lease. This letter shall be without prejudice to and shall not be deemed a waiver or postponement of any rights or remedies available to the Bank, including,' without limitation, the Bank's rights to accept partial payments without waiving demand for payment in full of all obligations due under the Lease or reinstating Tenants' obligation. Neither this letter nor any subsequent discussion shall be deemed offers to waive any defaults under the Lease. , .. III The Bank looks forward to Productivity Point International, Inc. vacating the Leased Property and payment ofthe $120,213.33 in the immediate future. Very truly yours, KMUjas & LINDSAY I (.L ((.;) (.;)..~ ( "'H!U!'" "'MUr-r- I'IH::>LHNU lab'::! r-'Ia,)/ Ia') r- cl:! d.d. . lad. lb:~1a . .. I'll, PNC BANK. NATIONAL ASSOCIATION AIKIA PNC BANK. N.A.. Plaintiff : IN THE COURT OF coMMON PLEAS : CUMBERLAND coUNTY. PENNSYL V ANlA v. : NO. PRODUCTIVITY pOINT INTERNATIONAL.: INC. SUCCESSOR IN-INTEREST TO : Clvn.. ACTION - LAW PRODUCTIVITY POINTlNT'L- CONFESSION OF JUOOMENTIN EJECTMENT ALLENTOWN. INC.. Defendants VERIFICATION l, Joseph D. Gibbons. Vice President. for PNC Bank. National Association a/k1a PNC Bank. N.A., being authorized to do so on bcha1f of PNC Bank, National Association a}kJa PNC Bank, NA. hereby verify that the statements made in the foregoing pleading ate tIUC and correct to the best of my infonnation. knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904. relating to unsworn falsification to authorities. PNC BANK. NATIONAL ASSOCIATION AIKlA PNC BANK, N.A. Date: .:2 J J.8 /()~ n 'R, c: :;r ::J'C ""05"1 -,..., (1) [1..1 ~O 001:... ~A) Z('_- en ~'..:. r~ t-j ..~ _ -0 'J:;: n :J:: ~-;~ :'P- 'c: 'i! :z C" :.t .. . p . b -1"1 '"T1 j;:; -i!~~ .._7 :2.f~~ g~ ..'I ~ ;.<. PNC BANK, NATIONAL ASSOCIATION, AlK/A PNC BANK, N.A., Plaintiff v. PRODUCTIVITY POINT INTERNATIONAL, INC. SUCCESSOR IN INTEREST TO PRODUCTIVITY POINT INT'L-ALLENTOWN, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. D~ - l()LtO CI()JY~ : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT IN EJECTMENT ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of PNC Bank, National Association, a/k/a PNC Bank, N.A., Plaintiff in the above captioned matter. Date: '2.-- / V~ r 02-- Respectfully submitted, SAIDlS, SHUFF, FLOWER & LINDSAY By: K M. Le ebohm, Esquire S preme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff 0 0 0 c P'.) '01 s: ::1l: -0 n~ ",,:,~'" J] f1"~t rn ;0 -? :.:J.J ':"-n ~..". I I 6>~;~ C) , {".'l,/.) r;CJ -u ~~~; ~f:~ <:" )::, .) :~ Zl_, :;.,.);..{1 ~L.I Ci! C ':::_~ ~ r:;- ~ ;- :< PNC BANK, NATIONAL ASSOCIATION, AlKJA PNC BANK, N.A., Plaintiff v. PRODUCTIVITY POINT INTERNATIONAL, INC. SUCCESSOR IN INTEREST TO PRODUCTIVITY POINT INT'L-ALLENTOWN, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. D~ - 1fY./6 C;u~C I~ : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT IN EJECTMENT CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association a/k!a PNC Bank, N.A., is 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; and that the last known address of the Defendant, Productivity Point International, Inc., Successor in Interest to Productivity Point Int'l-Allentown, Inc., is 4515 Falls ofNeuse Road, Raleigh, North Carolina 27609 and Suite 150, PNC Bank Building, 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011-4158 Date: 2-- .- 7/t .- 0 z, Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By. Jtf1l:BSL- Supreme Court ID #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Plaintiff () C> 0 - C r....) -" ~~ -<" .,..-1 ~J'J\oIo -urn ....';... ~.r_ rn r~l ;co i"l>. ~l} Z::JJ I :'n 7:C;~ ('J (f) .-' ~(S () -0 " '-C .~~1 ~O ::J; C') ::pC) 'i? '( <~-n ~-" ~ _"._1. "'- ~", .r;- ~ PNC BANK, NATIONAL ASSOCIATION, AIK/ A PNC BANK. N.A., Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O~ - 1000o C.t~~l/~ PRODUCTNITY POINT INTERNATIONAL, INC. SUCCESSOR IN INTEREST TO PRODUCTNITY POINT INT'L-ALLENTOWN, INC. Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT IN EJECTMENT NOTICE TO: Productivity Point International, Inc., Successor in Interest to Productivity Point Int'l- Allentown, Inc. Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 761-1881 CL-l;, , 12. ~ Prothonotary ~ ~ -4. () CI (\J - C f"".....J 0 <'" ,'1 ji:. ~ v"~. ::x 0;1 f'l :rc.. . ~~ = -1] - ~ B I f"'- ~ ......... 1 Ii ~f; '~'-,~J /,,"'.', ...... ;::4 (:, -.. "C) f1v -.) ~O ".c..,' ~~~; ~g j -0 .... TJ ;;; tv c w '~rn Z ( ) ~ ~ ::;J r:- ~~~ :D , +' ::< R J r--. v. : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLVANIA : NO. 0;1 ----101(0 G.t;'xt '-r-~ PNC BANK, NATIONAL ASSOCIATION, AIK/ A PNC BANK, N.A., Plaintiff PRODUCTIVITY POINT INTERNATIONAL, INe. SUCCESSOR IN INTEREST TO PRODUCTIVITY POINT INT'L-ALLENTOWN, INC. Defendant : CIVIL ACTION - LAW : CONFESSION OF ruDGMENT IN EJEClMENT PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT TO THE PROTHONOTARY: Issue a writ of possession upon the judgment in ejectment entered by confession in the above matter for possession of the Leased Property situate in Cumberland County, Pennsylvania known as Suite No. 150 on the first floor of the PNC Bank Building, 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011-4158 Certification: I certify that: (1) This Praecipe is based upon ajudgment entered by confession, and (2) Notice pursuant to Rule 2973.3 will be served with the writ of possession. Respectfully submitted, Date: ?--- ~ t..-C-6 r 0 L- By: ib~ ~.t: - -- ~ 10 }.J "- w w -.t ~ ~ o C> ~ ~ lU '- ~ ~ ;.t: ~ ~ ~ 0 I I \) ;$:) 0 fl ~ ~ $~ Q c. -o~ rB9J Z'-' :z:: Ltc, (fl.1I'.,,,, ::c:::~- r;::O ~O kO :P~ ~ ~ :J: .-\ ~ ?':'?2 ,,,,fT1 '-/;'1:: -- '::~q\ ~:?3 Orll 'c..:> ::::.\ .. 'J": t='" ~ c:1' PNC BANK, NATIONAL ASSOCIATION, A/K/ A PNC BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0;2 - (040 COt (~T)L~ v. PRODUCTIVITY POINT INTERNATIONAL, INC. SUCCESSOR IN INTEREST TO PRODUCTIVITY POINT INT'L-ALLENTOWN, INC. Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT IN EJECIMENT NOTICE UNDER RULE 2973.3 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Productivity Point International, Inc., Successor in Interest to Productivity Point Int'l- Allentown, Inc. A judgment for possession of real property has been entered against you and in favor of the Plaintiff without prior notice and hearing based on a confession of judgment contained in a Lease or other document allegedly executed by you. The Court has issued and the sheriff has served a Writ of Possession which directs the sheriff to remove you from possession of the real property. You may have legal rights to defeat the judgment or to prevent your being removed from the property or to regain possession of the property if you have been removed, if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT AND TO REGAIN POSSESSION MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. If you have been removed from the property without notice or the opportunity for a hearing, you have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the request for hearing which accompanies the Writ of Possession and deliver it to the Sheriff of Cumberland County at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. 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 Avenue Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: z..,.. ""U6 r 0 '2- By: ~bO~~&Q- Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff o c: s: ~Cr) rTIrn Z. ::Ll z.~' ~/E !:2C) ~o ~g ~ , c:> N ::c '):).... ;;0 i . .. .." :;:: ~ ..A ;'1',~f1 -':.icn -:JC? :-~ () ''''-II .\:J~ :!J -"~.~O ;OCn ..-I 35. ~ 'd t:'" ~ PNC BANK, NATIONAL ASSOCIATION, AlK/A PNC BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. v. PRODUCTIVITY POINT INTERNATIONAL, INe. SUCCESSOR IN INTEREST TO PRODUCTnnTY POINT INT'L-ALLENTOWN, INC. Defendant : CIVll.. ACTION - LAW : CONFESSION OF JUDGMENT IN EJECTMENT PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at Street Address City, State Telephone Number Date: Defendant PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS AJKJ A PNC BANK. N.A. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 02-1040 v. PRODUCTIVITY POINT INTERNATIONAL, INC. SUCCESSOR IN INTEREST TO PRODUCTIVITY POINT INT'L-ALLENTOWN, INC. : CIVIL ACTION - LAW Defendant : CONFESSION OF JUDGMENT IN EJECTMENT pR A F.c.IPF. TO THE PROTHONOTARY: Please mark the judgment entered in the above-captioned action satisfied. Respectfully submitted, SAlDlS, SHUFF, FLOWER & LINDSAY Date: q-" cb rCJ Z- By: 1 M. Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff () c $: LJro mrll z--', :z:~' ~;r 1/(; :Pc; Zc '5>c: :.z: =< o N l:..- e r- o -01 ::,:1 ~..1_ 11 rn p.= -qm -:00 c56 .--;. -.,.~ ""'-1 ~-n ~Jo om --l > :0 --< o -0 ::L ~ .1="' PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS A!KIA PNC BANK, N.A. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 02-1041 v. PRODUCTMTY POINT INTERNATIONAL, INC. SUCCESSOR IN INTEREST TO PRODUCTIVITY POINT INT'L-ALLENTOWN, INC. : CIVIL ACTION - LAW Defendant : CONFESSION OF JUDGMENT PR A lU~TPF. TO THE PROTHONOTARY: Please release the above-captioned Defendant from the lien of the Monetary Judgment entered in the above-captioned action. Respectfully submitted, SAlDIS, SHUFF, FLOWER & LINDSAY Karl M. Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Plaintiff / Date: ?-___ %,-- 0 2-. ~ ~ ~ 8 RJ fi? ~ -:-Of5!j f::: 52 r-., 'J":i ~ ~ 'Zf! ~ h'i;::!J v).o- - r-'" Q :::-<~... t.::::> 7:; f11 r-<c <~ 'g '- ~ ~. )v ~ $'c; ;? <:lr '.J ~() ~.~~~:;jj ~ - >(') -:::::: . ..,...:: -. (]'n ~ ~ .':'- '-1 "-J CJ'} ~ -.;: JOHN E. SUKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROLJ. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. I-ITfCHINGS THOMAS E. FLOWER LAW OFFICES SAlOIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407 EMAIL: attomey@ssfl-law.com C Ii. RT T~T F OFFTCF' 26 W. HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 RFPTVTOCli.MPHTTT July 8, 2002 Attn: Jina Cumberland County Prothonotary Cwnberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: PNC Bank, National Association aIkIa PNC Bank, N.A. v. Prod.ctivity Point International, Inc., Successor in Interest to Productivity Point Int'I-Allentown, Inc. _ Docket No. 02-1041 (Monetary Judgment) and Judgment in Ejectment Docket No. 02-1040 (Ejectment Judgment) ;t'<" ",' , ".":,,",\'';i~'j' " ',' ,,' ....... ,; '1:~;' ,,",< Pursuant to our phone conference on July 1, 2002 I have enclosed herewitl'f a Praecipe'fo Release Productivity Point International, Inc., Successor in Interest to Productivity Point Int'l. Allentown. Inc., from the lien of the Monetary Judgment set forth above. A Satisfaction of Judgment in this case is inappropriate since it would bring with it broader legal consequences which are not intended. I have also enclosed herewith for filing the Praecipe to Satisfy the Ejectment Judgment referenced above. Please file the above-referenced Praecipes and provide my office with a time stamped copy of each in the self addressed stamped envelope provided. I have enclosed a fee in the amount of $5.00 to release the Defendant from the Monetary Judgment. Thank you for your assistance in this matter. Very truly yours, KML/tmh Enclosures cc: Joseph Gibbons (w/enc.)