HomeMy WebLinkAbout02-1041
PNC BANK, NATIONAL ASSOCIATION,
NK/ A PNC BANK, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. O;l-I041
Ci0~L'-r~
v.
PRODUCTIVITY POINT
INTERNATIONAL, INC. SUCCESSOR IN
INTEREST TO PRODUCTIVITY POINT
INT'L-ALLENTOWN, INe.
Defendant
: CNll.. ACTION - LAW
: CONFESSION OF JUDGMENT
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 favor of the Plaintiff and against Defendant 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
g.
Total due to the Bank as of
February 25,2002:
$132,234.66 plus
interest
and costs
of suit.
Date: Z. r 1.....- q r() 2--
Respectfully submitted,
SAlDlS, SKU , OWEit ':rtF1
By: ~~~
M. debohm, Esquire
S reme Court ill #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Docketing $ 18.00
Poundage __1115 . 50
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
Sheriff's Costs:
.50
1.00
10.35
30.00
20.00
9.00
1204.35
Sworn and Subscribed to before me
This 17 ~ day of Qu.~ ,
2002 A.D. CJ:otit 0. 1nJ/" '0#
' 0 onotary
Advance Costs:
Sheriff's Costs:
1265.50
1204.35
. 61.15
1
Refunded to Atty on 6/10/02"
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1041 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, A!KIA PNC
BANK, N.A., Plaintiff (s)
From PRODUCTIVITY POINT INTERNATIONAL, INC. SUCCESSOR IN INTEREST TO
PRODUCTIVITY POINT INT'L-ALLENTOWN, INC., SUITE 150,4242 CARLISLE PIKE, CAMP
HILL, PA 17011-4158
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY LOCATED AT THE ADDRESS OF THE DEFENDANT .
(2) You are also directed to attach the property of the defendant(s) not levied upon in 1:\1"tpossession
" '.J.
of CITIZENS BANK, N.A. 4101 CARLISLE PIKE, CAMP HILL, PA AS GARNISHEES
INCLUDING WITHOUT LIMITATION ANY AND ALL DEPOSIT ACCOUNTS AND SAFETY
DEPOSIT BOXES
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) ,.J,fproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of an~ne other than a named garnishee, you are directed to notify him/her that he/she has been added as a
gami~e and is enjoined as above stated,
Amount Due $132,234.66
Interest AT LEGAL RATE OF 6% PER ANNUM
L.L. $.50
Atty's Conun %
Attypaid $32.50
Plaintiff Paid
Date: MARCH 1, 2002
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothonotary, Civil Division
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P. 7fr/?~/~DF&--
REQUESTING PARTY:
Name KARL M. LEDEBOHM, ESQUIRE
Address: 2109 MARKET STREET
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-761-1881
Supreme Court ill No. 59012
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10
PNC BANK, NATIONAL ASSOCIATION,
AIKJ A PNC BANK, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 6~ - 104/
Ciul-l ~~
v.
PRODUCTIVITY POINT
INTERNATIONAL, INC. SUCCESSOR IN
INTEREST TO PRODUCTIVITY POINT
INT'L-ALLENTOWN, INe.
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
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 address of the Defendant is Productivity Point
International, Inc. Successor in Interest to Productivity Point Int'l-Allentown, Inc., 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 International, Inc., Successor in Interest to Productivity Point
Int'l-Allentown, Inc. 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 (the "Leased
Property"). A true and correct photostatic reproduction of the original of which is attached hereto
as Exhibit "A" and made a part hereof.
4. Defendant is in default of Defendant's obligations to make payment to Plaintiff as
1
,
required in the Lease, and Plaintiff has notified Defendant of such default and provided the fifteen
(15) day opportunity to cure such defaults by letter dated February 1, 2002. A copy of Plaintiff's
letter dated February 1, 2002 is attached hereto as Exhibit "B" and made part hereof.
5. As of the date hereof Defendants have failed to cure the defaults Wlder the Lease
and Plaintiff has demanded payment in full of all outstanding amoWlts as provided in the Lease. A
copy of Plaintiffs 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 consumer credit transaction.
7. There has not been any assignment of the Lease.
8. Judgment has not been entered on the Lease in any jurisdiction except that a
judgment by confession in ejectment on the Lease is being entered simultaneously herewith before
the Court of Common Pleas for Cumberland COWlty, Pennsylvania.
9. The amoWlt 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 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.
Attorneys' Commission:
$ 12.021.33
g.
Total due to the Bank as of
February 25, 2002:
$132,234.66
2
WHEREFORE, Plaintiff demands judgment 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 for One Hundred Thirty Two Thousand Two
Hundred Thirty Four and 66/100 Dollars ($132,234.66) plus interest and costs of suit.
Respectfully submitted,
SAlDIS, SHUFF, FLOWER & LINDSAY
arl M. Ledebohm, Esquire
Supreme Court ill #59012
2109 Market Street
CampHill,PA 17011
(717) 737-3405
Attorney for Plaintiff
Date: 1..- ~ 0~ ~o 2-
By:
3
EXHIBIT" A"
LEASE AGREEMENT
[Multi-Tenant)
MADE this Z2'" day of ~ 199.! ,by and between PNC Bank, N.A. hereinafter called "Lessor" and Anderson
Associates, Inc., T/A Productivit}' Point International, hereinafter called "Lessee".
WITNESSETII THAT:
I. LEASED PREMISES. Lessor hereby demises and leases to Lessee and Lessee hereby accepts and hires 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. 150 on the first floor of the PNC Bank Building (as shown on floorplan 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.
(B) TENANT IMPROVEMENTS. Lessor shall provide the tenant improvements as shown on Exhibit "B", with said
improvements matching the existing fmishes 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
$ II ,250.00 upon the exercise of each option. These allowances must be used for the refurbishment of the demised premises.
(C) 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 first floor of the Building. Upon
presentation from Lessor of a bona fide outside offer on such 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" ~idoffer,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 first-class manner similar to other fIrSt-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 terminated 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 term 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 Term shall be 3%
greater than the basic rental paid in the fifth (5th) year of the Initial Term 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 Term. 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 shaUsubstitute 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
,,c-x h,. bl j ((-A 'I
equ ivalent thereto.
, (b) The Base Rent due hereunder shall be adjusted annually commencing on the first day of the Second
Renewal Term, 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 setting forth the
adjustments computed in accordance with paragraph (b) above, together with the new monthly rent due and payable on the
Adjustment Date and the fIrSt day of each month thereafter until the following Adjustment Date.
(C) OPTION TO TERMINATE. Lessee, if not then in default under the Lease, shall have the right, with 120 days written
notice, to terminate this Lease ifPNC Bank or its successors or assigns completely vacates the Building. Lessee shall not have the
right to terminate 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 Term hereof or upon its prior termination. Lessee shall rerum the Leased
Premises broom clean and free of debris, and in good order and condition, reasonable wear and tear and damage by fue 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 PENNSYLVANIA, INCLUDING THE LANDLORD AND TENANT ACT OF
1951, ACT OF APRIL 6, 195 I, 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 termination 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% of the rental 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 forth (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 Term, the sums set forth below.
FROM TO MONTHLY RENTAL ANNUAL RENTAL
~ctober 15, 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 - /~ ~
~ctober 15, 1998 October 14, 1999 S 6,166.49 S 73,997.88
October 15, 1999 October 14,2000 S 6,351.48 S 76,217.76
October 15, 2000 October 14,2001 S 6,542.02 S 78,504.24
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If said monthly Basic Rent is not'paid on or before the fifth (5th) day of the month. at Lessor's option, a monthly late charge of l~tA-
r~ ~l2 ?t"=le, J-fc~ R/~j fir .
of the monthly Basic Rent shall be due and payable by Lessee as Additional Rent for each and every month that said monthly Basic
Rent is delinquent.
,
(8) LESS THAN A MONTH. In the event that this Lease commences on a day other than the first day of a month or terminates
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-iJay month and shall
be payable on the Commencement Date or on the fIrSt 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 herein 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
LESSOR:
By {.l3
Elevator
JANITOR SERVICES:
Common Areas
Interior of Leased Premises
Window Washing (Exterior)
(Interior)
Hot Water
Cold Water
Sewer
Air Conditioning Snow & Ice Removal
Trash Disposal
Please Initial
LESSEE:
By
Other:
All utilities or services stricken as above or not set forth in 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 term 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 certf1es that it has no knowledge of any condition that would cause
electromagnetic interference within the premises and will make every effort to ensure that the premises shall remain protected from
electromagnetic interference during the term of this Lease.
5. USE CLAUSE. Lessee shall use the Leased Premises for computer training and office purposes only. Lessee shall not use
the Leased Premises for any illegal purpose or any purpose which shall constirute 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 adopt and submit to Lessee.
A copy of the present Rules and Regulations duly signed by Lessor and by Lessee is hereto attached, made part 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, sanitary, heating,
ventilating, air conditioning and other facilities and appliances in the Leased Premises.
(B) Conduct its business in a manner that will not be reasonably objectionable to other tenants in the building, including noise,
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 reasonably objectionable to other tenant, 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
the 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. ICany such liens are med, 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 me appropriate
lien waivers prior to the commencement of any work by Lessee in the Leased Premises.
(E) Indemnify and save harmless Lessor from any and all loss, cost, expense and damages of any nature, arising out at 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 the Leased
Premises.
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 fLxtures, 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 term hereof. Lessee's obligations
hereunder shall also include obtaining any and all local, state and federal permits 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 invitees, except for damages resulting (rom unintentional or negligently caused fire or other
hazard.
(3) Repair Standards. All maintenance and repairs by Lessee shall be made in a fIrSt class, workmanlike manner by personnel
or contractors previously approved by Lessor. Lessee shall require it persoMel 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 perform 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, perform such work and charge Lessee for the cost thereof as Additional Rent; (ii) treat such failure as an Event of
Default under Section 17(AX2) 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 performance 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 perform all such work with due diligence and in a manner
so as to minimize interference with Lessee's business.
(F) REPLACEMENTS; RENEWALS. Whenever used in this Section 8, the term "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 st3nC;ard and other reasonable requirements of Lessor and in compliance with all governmental orders, regulations and
permits. Such work shall be performed by responsible contractors approved by Lessor who will. prior to commencement of work.
submit satisfactory proof of insurance coverage naming Lessor as an additional insured.
(B) lr 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 Term hereof or upon prior termination of this Lease and 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 Term or of any prior termination, 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 ofallsuch property referred to in
Subsection (C) above prior to the termination of the Primary Term or Renewal Term, as the case may be, repair all damages resulting
therefrom and make proper restoration of the Leased Premises.
10. ACCESS. Lessor hereby reserves the right on behalf of itself, 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 entry.
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 pcrson in cOMection 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
(S500,OOO) for injuries to persons in one accident, not less than Five Hundred Thousand Dollars ($500,000) for injury to anyone
person and not less than Five Hundred Thousand Dollars (S5OO,OOO) 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 dunng the Lease term maintain in effect policies of insurance 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 form 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 sufficient to cover all insurable business risks during such period.
(c) AIl 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
canceIlation of said policies shaIl 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 (Hi) that the insurance company issuing the same shall not have any right of subrogation
against Lessor or Lessor's insurer. Each policy and renewal shaIl 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 fire 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, reccive the insurance proceeds and not to apply the same towards restoration, or (iii) 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 termination, Lessor shall refund to Lessee any rent allocable to
thc period subsequent to the occurrence of said fire 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 terminate, Lessor shall serve
written notice on Lessee within forty-five (45) days from the date of the occurrence of such total damagc.
(c) Notice. Lessee shall notify Lessor of any damage to the Leased Premises by fire or other casualty and also of any dangerous
or defective condition within the Leased Premises immediately upon the occurrence of such fire or other casualty or discovery of such
condition. Except as affected by thc 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. :r
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 respect to 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; SUBLETTING. 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 oflaw 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
necd 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 subleasc 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 define the premises.
IS. 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 thc 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, Lesso; hercby reserves thc right to remove such sign at-the cost and expense of Lessee and collect the same as Additional
Rent hereunder,
Uporiihe expiration or earlier termination 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 pan of the Leased Premises or the Building shall be taken by eminent domain
or conveyed in lieu thcreof (a "taking") which affects more than 25% of the parking area and major access to the Leased Premises
only, Lessee may terminate this Lease upon thirty (30) days written notice to Lessor unless Lessor shall provide reasonably equivalent
parking and acccss on a timely basis.
(B) TOTAL TAKING. In the evcnt that after a taking, the Leased Premises cannot reasonably be used by Lessee for the purpose
for which they were lcased or in the event of a' taking which prevents the operation of the Building as an integral unit, then and in
either of such events this Lease shall terminate 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 ofthc 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:
(1) Payme.nt 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 perform 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 accordancc with
Section 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 forth.
. (3) !'ton-payment Default. Failure by Lessee to perform or observe in any material respect any other covenant or condition
contained in this Lease which failure shall continue for a period of fifteen (IS) days after written notice thereof by Lessor to Lessee;
provided, however, that if Lessee's obligation is of such nature that more than fifteen (I S) 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 (I S) day period
and thereafter proceeds diligently to prosecute the same to completion.
(4) Unauthorized Removal or Property. AJJ.y 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. '.
(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 for the balance of the Term shaIl, at Lessor's option, immediately become due and payable as ifby the terms
or this Lease it were all payable in advance. In such event, Lessor shall serve upon Lessee written notice of such acceleration. At
such tirn~ 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 shaIl have no right to avoid such termination by payment of any sum due or by the performance of any condition, term
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
aU of Lessee's non-payment defaults under this Lease.
C. RE-ENTRY; RE-LETTING. In case this Lease shaU be terminated as aforesaid, then Lessor, may, without notice, re-enter
the Leased Premises by aid of legal process and terminate aU 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!l$e) and shaU 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-letting 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 Lessee to Lessor. The balance, if any, may be
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 breach 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.
(I) MONEY JUDGMENT. FOR VALUE RECEIVED AND UPON THE OCCURRENCE OF AN EVENT OF DEFAULT
HEREUNDER. LESSEE DOES HEREBY EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE
COMMONWEAL TII OF PENNSYLVANIA, TO APPEAR FOR LESSEE AND WITH OR WITHOUT COMPLAINT FILED,
CONFESS JUDGMENT AGAINST LESSEE AND IN FAVOR 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
ATTORNEY'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 STAY 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 ATTORNEY (EITHER IN ADDmON TO OR WITHOUT SUCH nJDGMENT 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, WITII RELEASE OF ALL ERRORS. LESSOR MAY FORTHWITH ISSUE A
WRIT OR WRITS 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 ~IA Y. BY LEGAL
PROCESS, WITHOUT NOTICE RE-ENTER AND EXPEL LESSEE FROM THE LEASED PREMISES, AND ALSO ANY
PERSONS HOLDrNG UNDER LESSEE.
,
, (F) CUMULATIVE REMEDIES. All ofLessor'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 perform or observe
any covenant or condition required to be performed by Lessor under the terms 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 (IS) days after written
notice shall have been give by Lessee to Lessor, Lessee may, at its option, terminate this Lease at the end of such fifteen (IS) 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 (IS) days are required for its performance, then Lessor shall be deemed to have complied with said notice if Lessor
shall commence such performance within said fifteen (15) day period and thereafter proceeds diligently to prosecute the same to
completion.
(B) NON-WAIVER BY LESSEE. A termination 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
perform.
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) ACf OF ABANDONMENT. Abandonment of the Leased Pr~mises by Lessee shall constitute an Event of Default under
this Lease and shall entitle Lessor, at its sole option, to exercise any of Lessor's remedies set forth 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. -
(B) NOTICE; POSTING. Upon abandonment of the Leased Premises by Lessee as aforesaid. Lessor shall make a good faith
effort to serve written 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 furnirure, 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, equipment, 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, if any, shall be remitted to Lessee.
(E) RELEASE OF LESSOR. FOR VALUE RECEIVED AND WITH rNTENT 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 ARISING OUT OF OR rN ANY MANNER RELATED TO ANY ACTION TAKEN BY LESSOR
PURSUANT TO THIS SECTION 21.
22. EXCULP A nON. Lessor shall not be liable for any injury or damage to any property at any time on or about the Leased
Premises from any Clluse 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 8(A) of this Lease.
23. QUIET ENJOYMENT. Lessor represents and warrants that it is the true and lawful owner of the Leased Premises or is
lawfully empowered to enter into this Lease and that so long as Lessee shall perform all of Lessee's covenants and obligations
hereunder.~~. 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 nonperformance by the other party of any condition, covenant or provision herein contained shall not be construed as
a waiver thereof, nor shall the defective performance (or waiver of nonperformance) 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 performance or
nonperformancehereunde~
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 term~ Covenant or provision of this Lease shall be determined to be invalid and
unenforceable, the same shall not affect the remaining provisions of this Lease which shall nevertheless remain in full force and
effect.
29. NOTICES. All notices, requests, demands and other communications required or permitted 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 TTN: Property Administrator/Camp Hill Main
4242 Carlisle Pike
Camp Hill, PA 17011-4158
With Copy to: PNC Bank, NA
ATTN: Leasing Manager
One PNC Plaza, 18thFloor
249 Fifth Avenue
Pittsburgh, PA IS222-2707
A,.. d~ r,'C,,:, A,scc : c. f('J , r... <:.
LESSEE: f'l"dllcti.it> Poill~c.
A TTN: George Anderson
!Iff 160S N. Cedar Crest Blvd. Suite 402
{ {.:I( Allentown,PA 18104
e z.c I ~ I
CJ \f.J '\1 '3l~'
provided. however, that either party hereto may change its address for such purpose from time to time by giving written notice of stich
changed 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 shaIl 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. CONSTRUCI'ION. 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 ($ 1I,62S.00), which sum shall be held by Lessor, without obligation for interest, as security for
the performance 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 $S,812.S0, shall be returned to Lessee by Lessor. Lessor shall retain the remaining Security Deposit of $S,812.S0
for the balance ofLess'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 retumed 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 WHATSOEVE~ARlSINGOUT OF OR IN ANY. . .. .
WAY CONNECTED WITH TIllS LEASE AGREEMENT, THE RELATIONSHIP OF LESSOR AND LESS.EE; AND LESSE~'S
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 fIrSt above wrinen. .
LESSOR:
WITNESS/A ITEST:
fJ t0G ~PoJ (( '1. ~ (\...
ill~ ~~ ~
. --
LESSEE: IJ~J~vjr;.,J 1i5fCr.'c., fr!J 1:....(".
(Corporate or Busin~arn~. J} L.: 5-c n"c -k"7 ~
/:/-../;/~ 4 I / .
(a"i:'~;;j~.",.i:'/-=> By: ~ -L/L~,
I f a corporation or other e tity indicate title of officer or represent3tive
-.I It-l. ~~. signing on behalf of Lessee)
~A.t~\..l.M..d.,-O~ /QO~ ~~ J.... ~ ~~-
-.A"h... ~ J.~J t ~ ~ . L. ,
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WlTNESS/A TrEST:
BUILDING: Camp Hill Main
SUITE NO. ISO
LESSEE: Productivity Point Intemationa~ Inc.
RULES AND REGULATIONS
'-
Reference is made to Section 6 ofthe 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 the same; that the same shall be faithfully kept, observed and
performed by Lessee, its employees, agents and invitees.
I. AS TO PHYSICAL FACILITIES
I. Entrances; Hallways; Common Areas. The entrances, hallways, stairways, sidewalks, parking lot and common areas shall
not be obstructed 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 determined 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 permission
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, tire, safety or lighting systems of the Building and the
Leased Premises nor shall Lessee change the setting of any thermostat or temperature control valves in the Building.
4. Drill Holes; Dnve NailS, Lessee shall not drill holes, fasten aily article or drive nails or crews into the walls, ceiling, floors..
or partitions without the prior consent-of Lessor. Notwilhstarrding the above; Lessee may hang picfures, licenseS, etc., ofteasonable.
size, without prior pennisssion from Lessor. . .
S. 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 consent. 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 that 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 c."pense 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 uniform manner 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" - 11
11. Door Mats. Lessee shall not place any door mats, rugs or planters in the hallways or common areas without the prior
a~proval QfLessor.
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 determined to be necessary by Lessor), be placed on a platform 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. "
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.
II. AS TO USE AND OCCUPANCY
14. Objectionable Uses. (a) Lessee shall use the Leased Premises only 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 permit 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 AU trash or refuse disposal shall be placed in containers provided by Lessor. No materials shall be 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 accordanc.e 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 permit 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 fumiture, supplies, merchandise or equipment except as
approved by Lessor.
18. Cooking; Living In. No cooking shall be done or permitted 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 ~es 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 permit 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 permitted to enter the Building for cleaning or other contract servic~s.
22. Advertising. Lessor shall have the right to prevent any advenising 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 the 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 (S) 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 effon to do so, Lessor may treat such failure as an Event of
Default under Section 17(A)(3) 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 perform such curative
work on behalf of and at the expense of Lessee, it is hereby agreed that such expense shaIl be collectable as Additional Rent under the
within Lease.
ABOVE RULES AND REGULATIONS HEREBY ACCEPTED AND APPROVED:
LESSOR:
P~'G~fc:." l' Pr-
::m:~:72::r- ...
Authorized Repr se,ytative
D~ted: III z. I
.1996
Exhibit "A" - 13
.. ~r.
LEASE AMENDMENT
THIS LEASE AMENDMENT antorad into tbIa J)!!:.. day of ~ 1998.
by I1Ul between PNC Bank, N.A, ("Landlord"), IIJId Productivity Point ~ Inc..
.ucceeaor by merger to ADdenoD AsBooiates, IIW. ("Tenant").
. '. '
WITNESSETH. that:
W1f1tRL\S, Landlordaad Tenant emerecI into that certI1n Lease Asreement dated
August 22, 1996, for cortaiD premia conslstlng or. total of appmximatoly 4,500 reatabJe square
filet on~'" otthc.buiIdII3g..known.a&l-NCIl",k,JluiJdWs~,l't~~2 CarlIsle Pike
inCamp~J~~JmDcctivc1y, n~~~~m1:";(-'1l13 11/0n/s:n
WRr.JU:AS, Landlord ami TeII8IIt wish to expand tIHI............. or epaco UJlder t.eue on
the fIrIt floor of the Building (811 ShoWRon attaaIJecI Exhibit · A") ftum 4,500 rcntabIo IqUU'lIl feet
to a new tota1 of 5,494 notable IIqUIIfO ~ Ca. tpaoe Gp8IIISion of994 square feet, ClOIIISilling
ofsl*X' identi6ed 811 "BxpaD8iOD Spacle" on lWtIbit · A., Oft the tem1I hereinafter stated;
NOW. TBERDORE, fbt good and valuable conli&ntian. the receipt and aufticioncy
whereof Is hereby ac1mowledged ~wId,1.~,~~,~~ bound hereby, 1.aDdIonl1nd
Tell8lltI8f8OUfbllows: ',;...L'.. .'.c.. ....."l',"."i"~'.';J
},;., ,J1t~!~~A~" r,~,I!~"hereby.~~,by~tdtonce.
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t:z:. . . An'teni.rtlOi: ckQmcKtintbi.u;..e'~~a;n~.ihIii~vC dlfllbeam-. ascribed to
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MfIaiII.t6i1l1a.Ur..~.i:J~:..i.,..J;lJi_::'. .:..1.,:_,_. '. \" ~...;~~~,;.
'3:' ;TheS_ ~on Date Bha1l be May 1S, 1998~
"4..'....' ^ll;!",,",~,~:~i;~"~on.."i1oI'the'i::ea.e". to.thO~ti . rlltOntab1o foeI
" .'.' ,'_ .......... WI. ....,. . , Of!., square
on "lddedtolI1D'~II4li'11W1 CODiInei1ee'fK1h1t ~Ma':15 19!HI: On that dato. tho
~11; ..:ahia1r~>1t::"orthe,a.ed ,;.u.e'a ~d ttie~sedtentid sahectull1 fbr the
:rancOtiff.t~j.~I~asfbllO~i ' .,'
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,'" "tf~1"198""" tOlI4/99.,. '90;343.20;"" $'7~528,~
"'~rO/1SI99:j: :rOf14100' ,,: $ g.:t,:05i:~ ::"$7,754145
10/15/00 10/14/01 $ 95,844.96 S 7,917.08
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5. The rentable square feet of the entire Leased Premises under the Lease shall
hereinafter tota1S,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 iIIlprovements to the
expansion Space and/or occupy. Notwithstanding the above, Landlord herein agrees to complete
renovations to Expansion Space One limited to the addition of interior walls. electrical outlets,
patching of existing wallcoverings and carpet and aU necessary paiDting. all at Landlord's expense.
In addition,. Landlord agrees to constIUct 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 complete such work by May 15,
1998. the revised rent schedWc sbal1 begin on the date of Landlord's substantial completion of the
work.
7. This Lease AmendTlV!nt sbaIl be binding upon and inure to the benefit oftbe 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:
WITNESS:
PNC Bank, N.A.
(Landlord)
BY~
J. "
loIice ",..ri aw4
CIIie/~ o.J/fI;#r'
Productivity Po' IIIt'I-AlIentowa., lac.
(Teaaat)
YhiHwi 1l!4W4
By:
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TDTRL P.09
PO j N
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201 Penn Avenue
P.O. Box 231
~cranton, PA 18501
"/1'/ ':::101 "/ II!) leJ
717961 6123 Fax
J onn J. LurmsKas
Vice President
Chief Administrative Officer
RE: Additional Space Hampden Building - Camp Hill
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As discussed on Wednesday, February 18, 1998, PNC Bank is pre'f 1\\~\~
on the first floor of the above captioned facility. Preliminary details, per our dIscussloK, can oe
finalized and executed in relatively short order since the space is available now.
PNClRANK
February 24, 1998
Mr. George Anderson, Ed. D.
General Manger
Productivity Point International
1605 N. Cedar Crest Blvd. Suite 402
Allentown, P A 18104
Dear George:
Details:
1. The first floor space is located at the northwest corner 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 existin office space you lease
as designated on the drawings as the bo and pp m.
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John J. Zurinskas
Vice President
Chief Administrative Office
POAN
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SECOND AMENDMENT
THIS 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 B~Btdtding located at 4242 Carlisle Pike in Camp Hill,
PA (the "Leased Premises''); ~d
WHEREAS, Landlor:9 and Tenant wish to expand the amount of space under Lease on
the first floor of the 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.
;.~._~~
NOW, THEREFORE, for good'and valuable consideration, the receipt and sUfficiency
whereofis hereby acknowledged and with the intent to be legally bound hereby, Landlord and
Tenant agree as follows:
..
1. The foregoing recitals are hereby incorporated 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
RentIMonth
$ 9,828.88
$ 10,123.74
$ 10,427.45
2-22-02; 4:36PM;Realty Services
rt:..D-~-~t:Jt:J.::. J."')~..1"") rl"i..... r;;.C.HL I I ~C.l'Vl""'t:.:::,J
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S. The rentable square feet of the entire Leased Premises under the Lease shall
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 oftbis 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 lIS afthe date oft.alcing possession of the Additional Space. Notwithst.and-ing 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
necessaIy building standard painting. all at Landlord's expense. All tenant improvements must
be based upon drawin&s approved by Landlord and Tenant and must be constructed in
accordance with all applicable laws, rules, 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 shall begin on the date of Landlord's substantial
completion of the work.
7. This Lease Am~P.T\tsba1l be binding upon and inure to the bCmefit of the
parties hereto and the respcdive heirs, successors and assisns.
IN WITNESS WHEREOF. the parties hereto have duly executed this Lease
Amendment on the date and year written above.
WITNESS:
PNC Bank, N..A.
(Landlord)
~
WITNESS:
Productivity Pomt IDt'I-Al!entowD, IDC.
(Tenant)
'ttun~ J tfJ, hY1LJot~
By:
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PNC BANK ~AM=DEN BLCG
1ST FLOOR - APRIL 1~~~
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THIRD AMENDMENT TO LEASE AGREEMENT
Thiscr~endment to Lease Agr.eemen. t i.S made and entered int.o as.o. ..fth..l.'s.l~
day of V' . 2001, by and between PNC BANK,. ~ATIONAL
ASSOCIATION ("Landlord") and_J 11III ITID11i . mII._ ~r~f:._;.JI(
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 frorn
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 (1) 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$1O,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 concerning 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
, '
.
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 tenns, conditions and provisions of the Lease shall
continue in full force and effect and same are hereby ratified and confirmed.
7. This instrurnent 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: ,~"b t) ~JYl
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PNC BAN~;~ATIONAL ASSOCIA TIO~
By: AY~ "b~---
Name: .fl/hh'r ~- #.z/'~ ;?
Title: U'c: ~ ~e. s, . e.,. c-
PRODUCTnnTYPOINT
INTERNATIONAL, INC.
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By:
Name:
Title:
Page 2 of2
FEB-01-2002 17:19
PNC REALTY SERVICES
412 762 5199 P.01/02
" ,
VIA FACSIMILE: 919.326-6373 AN11
CERTIFIED MAJURETURN RECEIPT REQUESTED
Fax II
Poat-lr Fax Note 7671
0PNC
FebruaIy 1, 2002
Mr. Michael Kaelin
Productivity Point International, Inc.
4515 Falls ofNeuse Road
Raleigh, NC 27609
RE: Lease Agreement dated August 21, 1996 as amended by Lease Ameadmeat
documents dated May 12, 1998, May 1999 and October 16, 2001 (as amended, the
"Lease") between Produetivity Point Intenational, Inc. successor in interest to
Productivity Point Int'I-Allentown, Ine. ("Tenant) and PNC Bank, National
Assoeiation ("Ludlord") for approximately 7,170 rentable square feet OR the first
floor of the buildiDg Joeated at 4242 Carlisle Pike, Camp Bill, PeJUlsylvania
Dear Mr. Kaelin:
Pursuant to the tenns of the Lease by and between Tenant and Landlord, your rent is due "...in
advance and without notice, demand or set o~ on the first day of each calendar month...... This
letter is to inform you that you are cwrently in default under the Lease for the following reasons:
Failure to pay rent for the months of September 2QOl, October 2001, November 2001,
January 2002 and February 2002
Rent due immediately:
September 2001: $10,427.45 + 1(101e rnonthly late charge over 6 months ($6,526.47) = $16,683.92
October 2001: $10,713.36 + 10% monlhly late charge over 5 months ($5,356.68) = $16,070.04
November 2001: $10,948.82 + 10%montblylate charge over 4 months ($4,379.53) = $15,328.35
January 2002: $10,948.82 + 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 (S),094.88) = $12,043.70
TOTAL DUE:
$73,264.59
The PNC Financial Services Group
One PNC Plaza 249 Fifth Avenue Pittsburgh Pennsylvania 15222 2707
www.pnc.com
5h( h(j (<-/)"
FEB-01-2002 17:20
PNC REALTY SERVICES
412 762 5199 P.02/02
" ,
Pursuant to the terms of the Lease, you have fifteen (1 5) days from the date hereof to cure the
aforesaid defaults. If the aforesaid defaults are not cured 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 caJl me at 412.762.3345.
Sincerely,
National ASS7c~8tt;D
By: ~p::::le.
Name: Kathleen A. Tavlor
Title: Assistant Vice President
cc: Michael Balent
Michael Gamble
Joseph Gibbons
John Zurinskas
Lease File
. ,I .&
JAMES D. FLOWER
JOHN E. SLIKE
ROBERT C. SAlOIS
GEOFFREY S. SHUFF
JAMES D. FLOWER, JR.
CAROL J. LINDSAY
JOHNNA J. KOPECKY
KARL M. LEDEBOHM
JOSEPH 1. ffiTCHINOS
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-law.com
CARLISLE OFFICE:
26 W. mOH 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
l
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'l-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 imrnediate 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
$ 10,948.82
b.
Rent due November 1, 2001:
Exhibit "e"
. ' 1 ..
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.
. I . ,
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,
KML/jas
& LINDSAY
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PNC BANK, NATIONAL ASSOCIATION
AIK1A PNC BANK. N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. pENNSYLVANIA
v.
: NO.
.
PRODUCTIVITY POINT INTERNATIONAL,:
INC. SUCCESSOR IN-INTEREST TO : CIVIL ACTION - LAW
PRODUCTIVITY POINT INT'L _ : (CONFESSION OF JUDGMENT)
ALLENTOWN. INC.,
Defendants
VE1UFlCATION
1, Joseph D. Gibbons, Vice President, for PNC Bank. National Association a/kla PNC Bank.
N.A., being authorized to do so on behalf of PNC Bank. National Association aIkla PNC Bank.
N.A., hereby verify that the statcn1ents made in the foregoing pleading are true and correct to the
best of my information, knowledge and belief. 1 understand that false statements herein arc made
subject to the penalties of 18 Pa. C.S. Section 4904. relating to Wlswom falsification to authorities.
PNCBANK,NATIONALASSQClATlON Afl(JA
PNC BANK, N.A.
Date: ;:) / /) f /6 ~
BY'~~'~
Jos D. Gibbons
Vi President
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PNC BANK, NATIONAL ASSOCIATION,
NK/A PNC BANK, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
C::a. - I CHI
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PRODUCTIVITY POINT
INTERNATIONAL, INC. SUCCESSOR IN
INTEREST TO PRODUCTIVITY POINT
INT'L-ALLENTOWN, INC. : CNIL ACTION - LAW
Defendant : CONFESSION OF JUDGMENT
CERTIFICATE OF ADDRESSES
I hereby certify that the precise address of Plaintiff, PNC Bank, National Association aIkIa
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.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Date: J- - J-lf r cJ Z-
By:
arl . Ledebohm, Esquire
Supreme Court ill #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
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PNC BANK, NATIONAL ASSOCIATION,
AIKJ A PNC BANK, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. O~ - 104 { C~~L~~
v.
PRODUCTIVITY POINT
INTERNATIONAL, INe. SUCCESSOR IN
INTEREST TO PRODUCTIVITY POINT
INT'L-ALLENTOWN, INe. : CIVil., ACTION - LAW
Defendant : CONFESSION OF JUDGMENT
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
~fu?uh,
PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS
AIK/ A PNC BANK, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO.
0;;) - JOLI (
CULL ~EIL~,
v.
PRODUCTNITY POINT
INTERNATIONAL, INe. SUCCESSOR IN
INTEREST TO PRODUCTMTY POINT
INT'L-ALLENTOWN, INC. : CIVIL ACTION - LAW
Defendant : CONFESSION OF JUDGMENT
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned on behalf of PNC Bank, National
Association, aIkIa PNC Bank, N.A., Plaintiff in the above captioned matter.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Date: L ~ t..g. --0 L-
By:
arl M. Ledebohm, Esquire
Supreme Court ill #59012
2109 Market Street
CampHill,PA 17011
(717) 737-3405
Attorney for Plaintiff
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PNC BANK, NATIONAL ASSOCIATION,
AlK/A PNC BANK, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 0;; - /041
C;U'l(-'-~
v.
PRODUCTMTY POINT
INTERNATIONAL, INe. SUCCESSOR IN
INTEREST TO PRODUCTMTY POINT
INT'L-ALLENTOWN, INC.
Defendant
: CNIL ACTION - LAW
: CONFESSION OF JUDGMENT
PRAECIPE FOR WRIT OF EXECUTION
UPON A CONFESSED JUDGMENT
To the Prothonotary:
Issue a writ of execution upon a judgment entered by confession in the above matter.
(1) directed to the sheriff of Cumberland County;
(2) against Productivity Point International, Inc., Successor in Interest to Productivity
Point Int'l-Allentown, Inc., Suite 150,4242 Carlisle Pike, Camp Hill, Pennsylvania
17011-4158; Defendant; and
(3) against Citizens Bank, N.A., 4101 Carlisle Pike, Camp Hill, Pennsylvania 17011,
garnishee;
(4) and index this writ
(a) against Productivity Point International, Inc., Successor in Interest to
Productivity Point Int'l-Allentown, Inc., Suite 150, 4242 Carlisle Pike,
Camp Hill, Pennsylvania 17011-4158, Defendant; and
(b) against Citizens Bank, N.A., 4101 Carlisle Pike, Camp Hill, Pennsylvania
17011 as garnishee
and levy upon and attach as required the following:
(a) Any and all personal property located at the address of the Defendant,
Productivity Point International, Inc., Successor in Interest to Productivity Point
Int'l-Allentown, Inc. at Suite 150,4242 Carlisle Pike, Camp Hill, PA 17011-4158.
(b) Any and all personal property of Defendant, Productivity Point International, Inc.,
Successor in Interest to Productivity Point Int'l-Allentown, Inc. in the possession of
.,
Citizens Bank, N.A., as Garnishees, including without limitation any and all deposit
accounts and safety deposit boxes.
(5)
Amount due:
Interest from date of Judgment
Attorneys fees
Costs
$132,234.66
at legal rate of6% per annum (to be added)
(to be added)
Certification
I certify that
(a) This praecipe is based upon ajudgment entered by confession; and
(b) Notice will be served with the Writ of Execution Pursuant to Rule 2958.3.
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SAIDlS, SHU
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PNC BANK, NATIONAL ASSOCIATION,
A/KIAPNCBANK, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. O~ -lC4\
C.!u~l~~
v.
PRODUCTIVITY POINT
INTERNATIONAL, INC. SUCCESSOR IN
INTEREST TO PRODUCTNITY POINT
INT'L-ALLENTOWN, INC.
Defendant
: CNIL ACTION - LAW
: CONFESSION OF JUDGMENT
NOTICE UNDER RULE 2958.3 OF JUDGMENT
AND EXECUTION THEREON
TO: Productivity Point International, Inc., successor in interest to Productivity Point Int'L-
Allentown, Inc.
A judgment in the amount of $132,234.66 plus interest and costs of suit has been entered
against you and in favor of the plaintiff without any prior notice or hearing based on a confession of
judgment contained in a written agreement or other paper allegedly signed by you. The court has
issued a Writ of Execution which directs the sheriff to take your rnoney or other property owned by
you to pay the judgment.
If your money or property has been taken, you have the right to get the money or property
back 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.
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 petition to
strike the judgment which accompanies the Writ of Execution and deliver it to the Sheriff of
Cumberland County at Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania 17013.
IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO
REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN
SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF.
YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB 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, PA 17013
(717) 249-3166 or 1-800-990-9108
Respectfully submitted,
SAlDIS, SHUFF, FLOWER & LINDSAY
Date:
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PNC BANK, NATIONAL ASSOCIATION,
AlK/A PNC BANK, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 0;). - lal.( I
Q;(J~l'T~
v.
PRODUCTMTY POINT
INTERNATIONAL, INe. SUCCESSOR IN
INTEREST TO PRODUCTnnTY POINT
INT'L-ALLENTOWN, INe.
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
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.e.S. ~4904
relating to unsworn falsification to authorities.
Notice ofthe hearing should be given to me at
Street Address
City, State
Telephone Number
Date:
Defendant
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION
A/KIA PNC BANK, N.A.
Plaintiff(s),
vs.
PRODUCTIVITY POINT INTERNATIONAL,
INC. SUCCESSOR IN INTEREST TO
PRODUCTIVITY POINT INT'L-
ALLENTOWN, INC.
Defendant(s),
vs.
CITIZENS BANK OF PA,
Garnishee.
cwr~sl
)
) No. 02-1041
)
)
) Praecipe for Appearance
)
)
) Code: 200 Execution
)
)
) Filed on Behalf of Garnishee,
) Citizens Bank of PA
)
)
)
)
)
) Counsel of Record for
) this Party:
)
) David F. Mowrey, Esquire
)
) PA I.D. No. 30431
)
) Citizens Bank of Pennsylvania
) 2 Commerce Square
) 2001 Market Street
) Suite 600
) AIM #195-0610
) Philadelphia, PA 19103
)
) (267) 671-1022
,.-.-----=---...----------.....
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE
TO: Office of the Prothonotary
One Courthouse Square
Courthouse
Carlisle, PA 17013-3387
Sir:
Kindly enter my appearance on behalf of Garnishee, Citizens Bank of PA
~~
David F. Mowrey, Esquire
Citizens Bank of Pennsylvania
2 Commerce Square
2001 Market Street
Suite 600
AIM #195-0610
Philadelphia, PA 19103
cwritsl
Certificate of Service
I, David F. Mowrey, hereby certify that a true and correct copy of this Praecipe for
Appearance has been served upon the following by depositing it in the U. S. Mail, postage
prepaid, this /S.J.ft. day of
-1&1"41-
,2002.
Kart M. Lebebohm, Esquire
2109 Market Street
Camp Hill PA 17011
SO~~qUire
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