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Home My WebLink About06-6681 ;y FREY,PET~S,DEEB,BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, v. i,\ KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No. D{p...{P{PBI till." CONFESSION OF JUDGMENT FOR MONEY 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, we appear for the Defendants and confess judgment in favor of the Plaintiffs and against the Defendants as follows: Principal Sum Other Authorized Items: (Attorneys' Commission of 5%) By: Above IljJ./lor, ./ $3,778.42 $ 188.92 $3,967.34 FREY, PETRAKIS, DEEB, BLUM &B~ .M.L FRANK G. MURPH~7;;RE CHRISTINA M. HUGHES, ESQUIRE Attorneys for Defendants Q ~;; I'.;) = c:;;:;;) c:r- o -n -; ;::!- I"': , il h-: --.. a <Ol\':(~ 1'0 ~.I., "t;::-", ~ t .' c cr; o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. Dl,- {,(, S I Civi I 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU FOR PAST RENT OWED IN THE AMOUNT OF $3,967.34 (principal sum, plus attorneys' commission). ENCLOSED HEREWITH IS A COPY OF ALL THE DOCUMENTS FILED IN SUPPORT OF THE SAID JUDGMENT. CURTIS R. LONG PROTHONOTARY IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. By: 1.D. Nos. 65886 91635 FRANK G. MU , ESQUIRE CHRISTINA M. HUGHES, ESQUIRE 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC Dated: It/u;/~ FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. COMPLAINT FOR CONFESSION OF JUDGMENT UNDER PENNSYLVANIA RULES OF CIVIL PROCEDURE 2950. ET SEQ. Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, (hereinafter "Plaintiffs" or "Landlords"), by and through their attorneys Frey, Petrakis, Deeb, Blum & Briggs, P.C., file this Complaint for judgment by confession pursuant to Rules 2950 et seq., of the Pennsylvania Rules of Civil Procedure and, in support hereof, state as follows: THE PARTIES 1. Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, are owners of a shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055, as tenants in common and have a place of business located at 491 Old York Road, Suite 200, Jenkintown, Pennsylvania 19046. 2. Defendant, Koste Seven, Inc. (hereinafter "Koste Seven" or together with Lawrence L. Kostelac "Defendants" or "Tenants"), upon information and belief, is a business with a last known address of 5205 Simpson Road, Suite 1, Mechanicsburg, Pennsylvania 17055. 3. Defendant, Lawrence L. Kostelac (hereinafter "Kostelac" or together with Koste Seven, Inc. "Defendants" or "Tenants"), upon information and belief, is an individual operating a business and has a last known address of 5205 Simpson Road, Suite 1, Mechanicsburg, Pennsylvania 17055. 4. Pintzuk Brown Realty Group, (hereinafter "Pintzuk") is an authorized agent of and acts on behalf of Landlords and has a place of business located at 491 Old York Road, Suite 200, Jenkintown, Pennsylvania 19046. (See Affidavit of Scott Homel attached hereto, incorporated herein, and marked as Exhibit A). COUNT I FOR JUDGMENT OF MONEY (PAST RENT OWED) Pa.R.C.P. 2950 et seq. 5. Landlords incorporate by reference the foregoing paragraphs as if fully set forth herein at length. 6. Defendants are III occupancy and posseSSIOn of 1,400 square feet of commercial space known as Space 1, (the "Property") located at the shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055. 7. The owners of the Property are Home Elite Ltd., Inc. and P.R. Real Estate, LLC. The Defendants lease the Property from Landlords for commercial use pursuant to a written agreement (as the same has been amended, assigned, restated, or otherwise modified through the date hereof, "Lease"), an Amendment of Lease executed on November 2,2004 (the "Amendment of Lease"), and an Estoppel Letter (the "Estoppel Letter") dated August 31, 2004. (A copy representing a true and correct reproduction of the original Lease is attached hereto, incorporated herein, and marked as Exhibit B; all applicable terms are highlighted in yellow for the Court's convenience). (A copy representing a true and correct reproduction of the Amendment of Lease is attached hereto, incorporated herein, and marked as Exhibit C; all applicable terms are highlighted in yellow for the Court's convenience). (A copy representing a true and correct reproduction of the Estoppel Letter is attached hereto, incorporated herein, and marked as Exhibit D; all applicable terms are highlighted in yellow for the Court's convenience). 8. The Lease contains confession of judgment clauses/warrants of attorney and is personally signed by the Defendants. (See Exhibit B). 9. Landlords are entitled to enforce the Lease by virtue of an assignment of rights, which took place upon Landlord's acquisition ofthe Property from its prior owner. (See a true and correct reproduction of Settlement Statement attached hereto, incorporated herein, and marked as Exhibit E). 10. Pursuant to the terms of the Lease, Amendment of Lease, and Estoppel Letter, during the relevant time period, the Defendants are required to pay to the Landlords a monthly fIxed Minimum Rent of$I,309.00. (See Exhibits B, C, and D). 11. In addition, the Defendants are obligated under the Lease, Amendment of Lease, and Estoppel Letter to pay the Landlords Additional Rent in the form of, inter alia, operating expenses, utilities, insurance, and taxes. (See Exhibits B, C, and D). 12. Defendants have defaulted on their obligations under the Lease, Amendment of Lease, and Estoppel Letter by virtue of their failure to pay Landlords Minimum Rent and Additional Rent in the amount of $3,778.42, as follows: Description Amount Owed Late Fee Still Outstanding fm 11/18/05 Pre-Paid 3/06 rent in 2/06 Pre- Paid 3/06 rent in 2/06 ck #20369 Pre-Paid 3/06 rent in 2/06 ck#20369 Pre-Paid 3/06 rent in 2/06 ck#20369 Rent (3/2006) CAM (3/2006) Property Taxes Pass Thru (3/2006) Insurance Pass Thru (3/2006) March Late Fees, 5% of$1,818.61 Waived 3/06 late fee prepaid ck#20369 Rent (4/2006) CAM (4/2006) Property Taxes Pass Thru (4/2006) Insurance Pass Thru (4/2006) April Late Fees, 5% of$1,818.61 Check #20455 Rent (5/2006) CAM (5/2006) Property Taxes Pass Thru (5/2006) Insurance Pass Thru (5/2006) May Late Fees, 5% of $3,637.22 Rent (6/2006) CAM (6/2006) Property Taxes Pass Thru (6/2006) Insurance Pass Thru (6/2006) June Late Fees, 5% of $3,637.22 Check # 20513 Rent (7/2006) CAM (7/2006) Property Taxes Pass Thru (7/2006) Insurance Pass Thru (7/2006) July Late Fees, 5% of $3,637.22 Check #20574 Rent (8/2006) CAM (8/2006) Property Taxes Pass Thru (8/2006) Insurance Pass Thru (8/2006) August Late Fees, 5% of $5,455.83 Check #20628 Rent (9/2006) CAM (9/2006) Property Taxes Pass Thru (9/2006) Insurance Pass Thru (9/2006) $90.93 -$1,309.00 -$354.05 -$113.43 -$42.13 $1,309.00 $354.05 $113.43 $42.13 $90.93 -$90.93 $1,309.00 $354.05 $113.43 $42.13 $90.93 -$1,818.61 $1,309.00 $354.05 $113.43 $42.13 $181.86 $1,309.00 $354.05 $113.43 $42.13 $181.86 -$1,908.61 $1,309.00 $354.05 $113.43 $42.13 $181.86 -$1,908.61 $1,309.00 $354.05 $113.43 $42.13 $272.79 -$1,908.00 $1,309.00 $354.05 $113.43 $42.13 TOTAL: $272.79 -$1,908.00 -$959.69 -$75.25 $93.42 $1,335.00 $354.05 $113.43 $42.13 $178.69 $1,335.00 $354.05 $113.43 $42.13 $119.18 -$2.000.00 $3,778.42 September Late Fees, 5% of $5,455.83 Check # 20659 Y /E 2005 CAM Reconciliation Credit Y / E 2005 Insurance Reconciliation Credit Y /E 2005 RE Tax Reconciliation Charge RENT (10/2006) CAM (10/2006) Property Tax Pass Thru (10/2006) Insurance Pass Thru (10/2006) October Late Fees, 5% of $3,573.83 RENT (11/2006) CAM (11/2006) Property Tax Pass Thru (11/2006) Insurance Pass Thru (11/2006) November Late Fees, 5% of $2,383.50 Check #20723 13. By letter dated October 6, 2005, Pintzuk notified Koste Seven, Inc. and Lawrence Kostelac of Defendants' failure to comply with various provisions of the Lease. Through the letter, Pintzuk further advised Koste Seven, Inc. and Lawrence Kostelac that, unless Defendants made payment in full of the amounts owing under the Lease, Pintzuk would exercise any and all rights and remedies available to Landlords for non-payment of rent. (A true and correct copy of the October 6, 2005 Letter is attached hereto and incorporated herein by reference as Exhibit F). 14. By letter dated April 24, 2006, Pintzuk notified Koste Seven, Inc. and Lawrence Kostelac of Defendants' failure to comply with various provisions of the Lease. Through the letter, Pintzuk further advised Koste Seven, Inc. and Lawrence Kostelac that, unless Defendants made payment in full of the amounts owing under the Lease, Pintzuk would exercise any and all rights and remedies available to Landlords for non-payment of rent. (A true and correct copy of the April 24, 2006 Letter is attached hereto and incorporated herein by reference as Exhibit G). 15. By letter dated May 19, 2006, Pintzuk notified Koste Seven, Inc. and Lawrence Kostelac of Defendants' failure to comply with various provisions of the Lease. Through the letter, Pintzuk further advised Koste Seven, Inc. and Lawrence Kostelac that, unless Defendants made payment in full of the amounts owing under the Lease, Pintzuk would exercise any and all rights and remedies available to Landlords for non-payment of rent. (A true and correct copy of the May 19, 2006 Letter is attached hereto and incorporated herein by reference as Exhibit H). 16. By letter dated July 14, 2006, Pintzuk notified Koste Seven, Inc. and Lawrence Kostelac of Defendants' failure to comply with various provisions of the Lease. Through the letter, Pintzuk further advised Koste Seven, Inc. and Lawrence Kostelac that, unless Defendants made payment in full of the amounts owing under the Lease, Pintzuk would exercise any and all rights and remedies available to Landlords for non-payment of rent. (A true and correct copy of the July 14, 2006 Letter is attached hereto and incorporated herein by reference as Exhibit I). 17. As of the date hereof, the Defendants have not cured their default. 18. Under the Lease, the Landlords are empowered to confess judgment against Defendants for all back rent owed. (See Exhibit B). 19. Under the Lease, Landlords are also entitled to recover from the Defendants attorneys' fees amounting to five percent (5%) of the amount owed. (See Exhibit B). 20. Thus, as of November 10, 2006, the amounts due and owing by the Defendants to Landlords under the Lease are as follows: Unpaid Rent (including Minimum Rent and Additional Rent) Attomeys' Commission $3,778.42 $ 188.92 *$3,967.34 *Total amount due under the Lease as of November 10,2006 (subject to increase for interest at a rate equal to the greater of: (1) the prime rate of interest charged by the York Bank & Trust Company of York, Pennsylvania, or its successors, plus two percent (2%); or (2) six percent (6%) per annum; but, in no event shall the rate be greater than the legal rate of interest which may be charged to borrowers of the same character as Defendants. See Exhibit B). 21. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 22. No judgment has been entered on the Lease in any jurisdiction. 23. The Warrant of Attorney, through incorporation into the Amendment of Lease and Estoppel Letter, is less than twenty (20) years old. (See Exhibits B, C, and D). WHEREFORE, Landlords, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, hereby demand judgment by confession in the amount of $3,967.34 against Defendants, Koste Seven, Inc. and Lawrence L. Kostelac, as authorized by the warrant of attorney appearing in the attached Lease, together with such other and further relief as the Court may deem proper. FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. By: ~.~ FRANK G. MURPHY, SQUIRE CHRISTINA M. HUGHES, ESQUIRE Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC Dated: /I /ZOjp" VERIFICATION I, Mary Duffy, state that I am authorized to make this Verification on behalf of the Plaintiffs, and that the facts set forth in the preceding Complaint are true and correct to the best of my information and belief. This Verification is made with knowledge of the penalties contained in 18 Pa.C.S.A. ~4904, relating to unsworn verification to authorities. By: Dated: pf(IOb FREY, PETRAKlS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance for the Defendants, Koste Seven, Inc. and Lawrence L. Kostelac, on whose behalf we confess judgment for money in the sum of $3,967.34. FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. Dated: III-w /O~ By: ~~ FRANK G. MURPHY, E UIRE CHRISTINA M. HUGHES, ESQUIRE Attorneys for Defendants FREY,PETRAKlS,DEEB,BLUM & BRIGGS, P .C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, P A 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No. ORDER FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as attorneys for the Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, in the above-entitled matter. By: Dated: II/u jpJ , FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. FRANK G. MURPHY, E CHRISTINA M. HUGHE Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC FREY,PET~S,DEEB,BLUM & BRIGGS, P .C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, P A 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. CERTIFICATION OF ADDRESSES Christina M. Hughes, Esquire, certifies, to the best of her knowledge, information, and belief, that the addresses of Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, and Pintzuk Brown Realty Group, Agent of Plaintiffs, are 491 Old York Road, Suite 200, Jenkintown, Pennsylvania 19046; and the last known address of Defendants, Koste Seven, Inc. and Lawrence L. Kostelac, is 5205 Simpson Ferry Road, Suite 1, Mechanicsburg, Pennsylvania 17055. FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. Dated: I ~O 10, By: ~:M.I~iI_ CHRISTINA M. ~, ESQUIRE Attorney for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC FREY,PET~S,DEEB,BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No. AFFIDAVIT STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Mary Duffy, being duly sworn according to law, deposes and says that she is as Asset Manager for Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that she is authorized to make this affidavit on behalf of Plaintiffs; that the facts set forth in the Complaint in Confession of Judgment are true and correct to the best of her knowledge, information, and belief; and, that the Exhibits attached to the Complaint in Confession of Judgment are true and rrect copies of the originals, highlighted for the Court's convenience. Sworn to and Sub~ribed before me this 15 day of ~Otk..""ber ,2006. -LJ~"c-J Notary Public NOTARIAL SEAL Daniel R. Henderson, Notary Public Jenkintown Township. Montgomery County My commission expires May 14,2009 FREY,PET~S,DEEB,BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. AFFIDAVIT OF INCOME STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Mary Duffy, being duly sworn according to law, deposes and says that she is an Asset Manager of Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that she is authorized to make this affidavit on behalf of Plaintiffs; and, that to the best of her knowledge, information, and belief, at the time of the signing of the document containing provision for judgment by confession in the said matter, the income of Defendants, Koste Seven, Inc. and Lawrence L. Koste c, was in excess of $10,000.00 Sworn to and Subscribed before me this \ 5 t't') day of N f:N~e.r ,2006. ~i rt::!- ~ 0 J.- Notary Public NOTARIAL SEAL Daniel R. Henderson, Notary Public Jenkintown Township, Montgomery County My commission expires May 14,2009 per year. FREY,PET~S,DEEB,BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 . 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No. AFFIDAVIT OF NONAPPLICABILITY OF GOODS AND SERVICES INSTALLMENT SALES ACT AND AFFIDAVIT OF NON-CONSUMER CREDIT TRANSACTION AND NON-RESIDENTIAL LEASE STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Mary Duffy, being duly sworn according to law, deposes and says that she is an Asset Manager for Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that she is authorized to make this affidavit on behalf of Plaintiffs; that the Confession of Judgment does not arise out of a retail installment sale, contract or account, as defined under the Goods and Services Installment Sales Act, 69 P.S. ~1101, et seq.; that the Confession of Judgment is not being entered against natural person(s) in connection with a "consumer credit transaction" as that term is defined in Pa.R.C.P. 2950 (as amended); that the Confession of Judgment is not being entered in connection with a residential lease; and, that the foregoing facts are true and correct to the best of her knowledge, information, and belief. Sworn to and Subscribed before me this \S~ day ager of l)Jo,,~"" ,2006. -JS~~ Notary Public NOTARlALSEAL Daniel R. Henderson, Notary Public Jenkintown Township, Montgomery County My commission expires May 14,2009 FREY,PET~S,DEEB,BLUM 8& BRIGGS, P .C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home. Elite Ltd., Inc. and P.R. Real Estate, LLC HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. AFFIDAVIT OF DEFAULT STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Mary Duffy, being duly sworn according to law, deposes and says that she is an Asset Manager of Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that she is authorized to make this affidavit on behalf of Plaintiffs; that Defendants, Koste Seven, Inc. and Lawrence L. Kostelac, entered into the Lease (as defined in the Complaint in confession of judgment filed in the within action), a true and correct copy of which is attached to the Complaint; that Defendants are in default under the Lease by failing to pay rent owed to Plaintiff. There is presently $3,967.34 (principal sum, plus attorney's commission) due and owing under t Sworn to and Subscribed befor~ me this \ S".\"I,.. day of Nw~~ '\ 2006. -D~--<::::L--- Notary Public NOTARIAL SEAL Daniel R. Henderson, Notary Public Jenkintown Township, Montgomery County My commission expires May 14,2009 FREY,PET~S,DEEB,BLUM 8& BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Mary Duffy, being duly sworn according to law, deposes and says that she is an Asset Manager of Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that she is authorized to make this affidavit on behalf of Plaintiffs; and, that to the best of her knowledge, information, and belief, the Defendants are not in the Military or Naval Service of the United States, nor any State or Territory hereof or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto or the Servicemembers Civil er Sworn to and Subscribed before me this lS-th day :t N~"(.1M.~r ,2006. ~ *ary~ NOTARIAL SEAL Daniel R. Henderson, Notary Public Jenkintown Township, Montgomery County My commission expires May 14,2009 M FREY,PETRAKlS,DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. PRAECIPE FOR ASSESSMENT OF DAMAGES AND JUDGMENT BY CONFESSION FOR MONEY PURSUANT TO PA.R.C.P. 2951 ET SEQ. TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 2951 et seq., please assess damages and enter judgment against Defendants, Koste Seven, Inc. and Lawrence L. Kostelac, in favor of Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, in the amount of $3,967.34, as follows: Principal Sum Other Authorized Items: (Attorneys' Commission of 5%) $ 3,967.34 $ 188.92 $3,967.34 By: FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. ~~ FRANK G. MURPH, ESQUIRE CHRISTINA M. HUGHES, ESQUIRE Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC Dated: /I!u~ , , FREY,PET~S,DEEB,BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. AFFIDAVIT OF BUSINESS TRANSACTION STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Mary Duffy, being duly sworn according to law, deposes and says that she is an Asset Manager of Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that she is authorized to make this affidavit on behalf of Plaintiffs; and, that the transaction upon which Judgment is being entered by Confession was a business and commercial transaction. Sworn to and Subscribed before me this I ~ day of--. NOI~~ , 2006. c.~~~' -..\ Notary Public NOTARIAL SEAL Daniel R. Henderson, Notary Public Jenkintown Township, Montgomery County My commission expires May 14,2009 FREY, PETRAKIS, DEEB,BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, P A 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendants' Rights To: Koste Seven Inc. and Lawrence L. Kostelac (Defendants) A judgment in the amount of$3,967.34 has been entered against you and in favor of the Plaintiffs 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 sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTI (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 HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Dated: #/wk" , Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. By: ~.~ FRANK G. MURP , ESQUIRE CHRISTINA M. HUGHES, ESQUIRE Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC 1601 Market Street, Suite 2600 Philadelphia, P A 19103 (215) 563-0500 FREY,PETRAKlS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. NOTICE UNDER 42 PA. C.S.A. ~ 2737.1 To: KOSTE SEVEN, INC. AND LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 A judgment in the amount of$3,967.34 has been entered against you and in favor of the Plaintiffs without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. 42 Pa. C.S.A. 9 2737 states in part as follows: A debtor who has been incorrectly identified and had a confession or judgment entered against him may petition the court for costs and reasonable attorney fees as determined by the court. The written instructions regarding the procedure to follow to strike the judgments are not prescribed in detail. For this reason, you should contact an attorney for assistance. However, you are advised that Pa. R.C.P. 2959, provides as follows: Striking Off or Opening Judgment; Pleadings; Procedure (a)( 1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has been stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule [of Civil Procedure] 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule [of Civil Procedure] 2956.1 (c)(2)or Rule [of Civil Procedure] 2973.1 (c), the petition shall be filed within thirty days after such service. Unless the Defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the Plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule [of Civil Procedure] 440. (e) The Court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(l) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IT YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Dated: III1/) /O~ FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. By: ~. ~J4h FRANK G. MURP~IRE CHRISTINA M. HUGHES, ESQUIRE Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC 1601 Market Street, Suite 2600 Philadelphia, P A 19103 (215) 563-0500 fx j,..}~I+ 4 FREY, PETRAKIS, DEEB, BLUM & BRIGGS, p.e. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 160 1 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. AFFIDAVIT STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND 5et>TT ~MbL-- , being duly sworn according to law, deposes and says that M~()~ is authorized to make this affidavit on behalf of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that Pintzuk Brown Realty Group is an authorized agent of and authorized to act on behalf of Home Elite Ltd., Inc. and P.R. Real Estate, LLC, as concerns the property owned by Home Elite Ltd., Inc. and P.R. Real Estate, LLC as tenants in common at East Gate Plaza, located at 5205 Simpson Ferry Road~eChaniCSbU~ Sworn to and Subscribed ~ before me this tV'-- day Signed: S ( 1.J.. of tJ CW..-.-..b4-- , 2006. (....~'l __ V\.!\-- --f\.-.~ -c:{- Name (printed)~ Notary Public rACf'" ^'7 Title: NOTARIAL SEAL Daniel R. Henderson, Notary Public Jcakintown Towaship, MoIlpmery Coupty My commission expires May 14, 2009 Ex h-,hl + B KOS'l'B-'.l'2 o 7 / ;"9/8 6 ~ r-:r--i ,~t;\('- r f: v 0" IV , t-: i " . ; I . . ,( .~ AGREEMENT OF LEASE TiIS AGREEMENT OF LEASE, made this.3 / rfday of ~U t ' 1986, by and between Wesley Associates, a ~ennsy1vani general partnership having a place of business at 30 East King Street, York, York County, PA 17405, its successors or assigns (hereinafter called "Landlord"), and Koste Seven, Inc., a Pennsylvania corporation, having a mailing address of 323 Somerset Drive, Shiremanstown, PA 17011, its successors or assigns (hereinafter called "Tenant"). WIT N E SSE T H: ARTICLE 1 - Premises (a) In consideration of the rents and covenants hert~in set forth on the part of the Tenant to be paid, ~~rformed and observed, the Landlord does hereby lease the premises (hereinafter referred to as "Demised Premises.) within the Eastgate Shopping Center (hereinafter referred to as the "Shopping Center") situated in Hampden Township, Cumberland County, Pennsylvania. (b) The Shopping Center consists of the land (and all improvements that are to be constructed thereon) as shown on Exhibit A and described on Exhibit A-1, attached hereto. (c) The purpose of Exhibit A is to show the location, of .the Demised Premises and the entrances and exits for the Shopping Center. Landlord reserves the right, at any time, to relocate, modify, eliminate or add to the various buildings, ~tor~s and other improvements, ~hether or not shown on Exhibit Ar provided that Landlord shall not thereby decrease the number of parking spaces avai~able to ~enant's customers or interfere with access to the Demised Premises. (d) The Demised Premises consists of the retail space designated as Store 11, as shown on Exhibit A-I containing 1,400 square feet of leasable space as shown. ARTICLE 2 - Construction and Improvements (a) Landlord shall construct, at its' own cost and expense, the building in which the Demised Premises is to be located (if such building does not presently exist), incorporating in such construction all items of work specifically set forth as "Landlord's Work" in Exhibit B attached to this Lease. Subject to construction scheduling by utility companies, Landlord's work shall be completed on or -before . ..,. .... ..... ...... . . . .. . (b) The Landlord shall install and supply only such fixtures and items of equipment as are set forth in Exhibit B. All other fixtures, equipment and furnishings of any nature required in the conduct of the Tenant's business are to be furnished, erected and installed by the Tenant at its own expense. .f\;R~.i.~;L~. .) - Aq:V_e):':t.i~ lpg. .S}..9nj3 (a) Tenant shall have the right to incorporate its trade name or store identification within the area or areas provided for by Landlord1 provided, however, that any such signs shall strictly conform in color, style, design and in all other respects to the criteria established by Landlord for the Shopping Center. No other exterior sign or advertising will be permitted by Tenant, outside of the Demised Premises or the Shopping Center. However, Landlord acknowledges the difference between "temporary point-of-sale material" and permanent advertising signs, and permission for this type of temporary advertising on glass areas of.the store front is granted to Tenant, provided said advertising is in good taste and professional in appearance. Landlord shall approve all signs, such approval not to be unreasonably withheld. (b) Approval for location and dimension of signs is as follows: (1) Front of building . . . .. -0 . . _ . .. . -. .. ... . . .0.0. . .. .. '. u .. '.- o. ...~ ..__ " ._ .... .. '_.., '0 .. .. ". .. ....... . . _. .. _. .. _0" .........._...... _. ". _0 .. .. . . .. ... .. .. .. .. . .. . -.. -. .... ".- ..... '" .. -. '0 0' .. .. .. ._ _ _.. _ .. .0.._ .. ., _. . .0 ". _. .. .. ..,. _ ^R.~;r.c~~. ..4 - ~ptnp\pp.. A.r~a (a) All those portions of the Shopping Center not shown as building areas on Exhibit A shall be "Common Areas". Tenant's right to use the Common Area is not exclusive to Tenant, but shall be for the common use of Tenant and the other tenants and lawful occupants of the Shopping Center and their employees, agents, customers, licensees and invitees and parties with whom they do business. The Common Area shall also be for the location and maintenance therein of all the utilities, services and other installations serving the buildings in the Shopping Center and with Landlord's prior written permission for special promotional-type activities and ~. 2 - events for the Shopping Center. Landlord, or its designee, and the other tenants and lawful occupants of the Shopping Center, shall also have the right to go over and on the Common Area with men and materials as reasonably required to construct, repair and alter any buildings in the Shopping Center, provided that such persons shall not thereby unreasonably interfere with Tenant's use of the Demised Premises. (b) Except as otherwise provided in this Lease, and as they may otherwise hereafter agree in writing, the parties hereto shall not: (1) Obstruct the free passage of vehicles to and from the entrances of the Shopping Center. (2) Interfere with the installations in the Common Areas which are for.the service of the building and the Shopping Center. (c) Landlord agrees, except as hereinafter set forth: (1) To maintain and keep in good repair all portions of the Common Area, including, but not limited to any and all roads, driveways, curbs, culverts, drainage facilities, surfactng, landscaping, fences, gates, directional and Shopping Center signs, grading, paving, marking of the parking area, plumbing systems, sewer and sewage disposal lines; water supply lines, sprinkler lines and other requisite services and utility lines, pipes and installations of every kind. (2) To keep the Common Area open for use'and adequately lighted for a period of at least thirty (30) minute~ prior to and until (30) minutes subsequent to the operating hours of the Shopping Center. , (3) To keep the sidewalks and curbs, adjacent to and immediately in front of the Demised Premises and throughout the Shopping Center, reasonably free from accumulated snow, ice and refuse and to' comply with all governmental requirements respecting same. (d) The Landlord shall have the right to make changes, additions, alterations, or improvements in the Common Arear provided that, other than temporary inconvenience necessitated by construction activities, there shall be no unreasonable obstruction of Tenant's right of access to the Demised Premises or any unreasonable interference with Tenant's use thereof. . - 3 - A~~ICLE_~ - ~Op~~~bu~~on~ (a) Tenant agrees to pay to the Landlord, as additional rent, Tenant's Share of the Cost of maintenance and operation of the Common Area. (b) Tenant's Share of the Cost of the maintenance and operation of the Common Area shall be determined by the following formula: The number of square feet of floor area in the Demised Premises (1,400 square feet) shall be multiplied by the fraction, the numerator of which shall be the total cost of the maintenance and operation of the Common Area, and the denominator of which shall be the sum of the total leasable building area in the Shopping Center (36,000 square feet). (c) Tenant's Common Area maintenance contribution shall be paid within thirty (30) days after receipt of a Landlord's bill therefor setting forth Tenant's share of the Common Area contribution. Tenant shall be invoiced monthly or, at Landlord's discretion, quarterly, semi-annually or annually. Within sixty (60) days following the end of each calendar year, Landlord will deliver to Tenant an itemized breakdown of the Common Area maintenance charges signed by Landlord or a duly authorized agent of Landlord. (d) DUring any part of the term hereof, which shall be less than the full annual period used to compute Tenant's share of the cost of the maintenance and operation of the Common Area, any Common Area contribution payable by Tena.nt shall be prorated on a daily basis to the end that Tenanf shall on~y pay the contribution attributable to that fractional part of the annual period 'occurring within the term of this Lease. (e) The cost of the maintenance and operation of the Common Area shall mean-the total costs and expenses incurred in operating and mainta1ning the Common Area, including, without limitation, compensation to a.management company equal to three (3%) percent of the gross rents received from all tenants; Christmas or other seasonal decorations; gardening and landscaping; sign insurance, replacement, repairs and maintenance of all parts of the Common Area, including . restripping and repaving of the parking area; lighting; .'rental o.f signs and equipment; 'sani tary control; removal of snow and ice; and all other similar direct costs, charges and expenses resulting from the maintenance and operation of the. Common Area, but not the cost of removing Tenant's trash, which each tenant will remove at its own cost and expense. - 4 - (f) The various costs of the maintenance and operation of the Common Area shall not exceed the costs incurred in connection with the operation of first class shopping center common areas in the Harrisburg, Pennsylvania, business area. ^R~:r~L~.ji. - 1~~m (a) The term and rental of this Lease shall be for a .period of three (3) years, and shall commence upon the earlier of: (I) Thirty (30) days after possession of the Demised Premises have been delivered to Tenant; or (2) The date when Tenant shall first open its store for business. (b) An instrument setting forth the date of commencement of the term of this Lease shall be prepared by Landlord and executed by Tenant and Landlord. (c) The Demised Premises shall be accepted by Tenant, notwithstanding the existence of relatively minor "punch list" items which will not prevent the Tenant from operating its business in a normal manner. Any such "punch list" items shall continue to be Landlord's responsibility to complete as soon as reasonable. (d) A ~lease year," as herein referred to, shall then consi~t of.that full twelve (12) month period commencing on the first day of the first full month during which this Leas~is in' full force and effect and of each full twelve (12) month period thereafter. If the c;ommencement date of this Lease, as provided as aforesaid, is a day not the first day of the month, the first lease year shall consist of the remainder of that first month and of the-first full twelve (12) months thereafter. . . . . , (e) If the Landlord notifies the Tenant that the Demised Premises is ready for possession and the Demised Premises is ready for possession, and the Tenant fails to take possession and to open the Demised Premises for business fully fixtured, stocked and staffed within sixty (60) days from the date'of'said notice, then the Landlord may, in addition to any and all remedies herein provided, at its option, collect not only the minimum rent herein provided, but ad4itional rent at the rate of one-fifteenth (1/15) of the fixed minimum monthly rental per day for each and every day that the Tenant shall fail to commence to do business as here~n provided. Said - 5 - additional rental shall be deemed to be in lieu of any . percentage rent that might have been earned during such period of Tenant's failure to open. J\;R,~):C;L:E J - ~~J\~. ~J19. Lp.t~~~YJl\~:nt- .~.l1ar.g~ (a) Tenant agrees to pay Landlord, each month in advance without offset or demand, during the term hereof, a Fixed Monthly Rental for the Demised Premises, as follows: Year ~ Jv\PJltnly Jlenta.1 1st through 3rd ~, ?Ri 33 \:::u'l.,'; ('u ~A~ ~ Payment shall be made to the Landlord at the place hereinafter specified for the giving of notices to Landlord or at such other places as Landlord shall designate in writing. (bl The Minimum Annual Rent shall be the product of the Fixed Monthly Rental,_ - as adjusted, multiplied by twelve (12'. Following any adjustment. for Rental Escalation, the Fixed Monthly Rental shall be the quotient of the Minimum Annual Rent divided by twelve (12). (c) In the event the commencement date of this Lease is a day other than the first day of the month, then in that event, the rent for the balance of that month shall be determined by multiplying the aforementioned monthly rental by the fraction, the numerator of which is the number of days remaining in that month, and the denominator of which is the total number of days in that month. The result of the above computation shall be paid to the Landlord on or prior to such commencement ~ate. · . (d) In addition to any other rights or remedies given to Landlord, in the event Tenant fails to make payment of its regular monthly rentaL payment by the -fifth day of the month, .or fails to make any payment wHen due of additional rent due hereunder, Tenant sh~ll pay to Landlord the additional sum of five' (5%) percent of the amount due as a late payment charge, which late payment charge shall become additional rent. - 6 - J.\~~A~L~..a - ;rpte;r~~:t Wherever in this Lease there is a provision that Tenant shall be liable for the payment of any sum to Landlord, together with interest thereon, or whenever Tenant shall fail to pay any sum when due, such sum shall b~ar interest until paid at a rate equal to the greater of: (1) The prime rate of interest charged by the York Bank & Trust Company of York, Pennsylvania, or its successors, plus two (2%) percent; or (2) Six (6%) percent per annum; but, in no event shall the rate be greater than the legal rate of interest which may be charged to borrowers of the same character as Tenant. M~.~~J.~. .,. - ~en.~wp.). (a) Provided Tenant has complied with all the t~rms and conditions of this Lease, then Tenant shall have the option to tenew this Lease for one (1) successive additional period of three (3) years after the expiration of the original term hereof on the same terms and conditions as herein provided, exce~t, however, that the fixed minimum rent shall be increased pursuant to the Rental Escalation'Article hereinafter set forth. (b) Such options to renew shall be deemed to be exercised by Tenant at the end of the original three (3) year term, unless Tenant shall notify Landlord in writing of its intention not to renew its Lease at least six (6) months .before' . the end of the original term. . 1\J:{:r..~~):,E.. ..I,Q - ~~p..t~.l. ;E,a.Qp,l.9.t.j.,on - (a) Upon the fourth a^niversary of the co~encement . . date of this Lease, and subsequently, upon every third anniversary thereafter (whether such anniversary occurs in the original term or in any renewal term), the Minimum Annual Rent reserved herein sha~l be increased (but not decreased) proportionately to the increase, if any, in the "Consumer Price . Index for Urban Wage Earners and Clerical Workers" of the United States Bureau of Labor Statistics (1967 = 100) for "all items" for Philadelphia, Pennsylvania, (the "Cpr-W"l between the calendar quarter in which the prior three (3') year period began and the calendar quarter in which such prior three (3) year period ended. If the CPI-W is discontinued, then the - 7 - adjustment shall be made according to such other index then commonly in use for measuring increases in the cost of living as is acceptable to Landlord. ,l\l1~.l~.L;Et.,l.J. - "p.1C~.s. .a119. .!\.SS~p.sm~pt.~ (a) Subject to the reimbursement provisions of Article 12, all Real Estate Taxes, as hereinafter defined, on the land and the buildings in the Shopping Center shall be paid by the Landlord. (b) Tenant shall pay any and all taxes, assessments or charges which may be levied upon or attributable to goods or merchandise or fixtures or other items and improvements placed upon and in the Demised Premises by Tenant. (0) The term "Real Estate Taxes" shall mean and include all real estate taxes, assessments, water and sewer rents and other governmental impositions and charges of every kind and nature whatsoever, special as well as regular, extraordinary as ~ell as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall or may during the Lease term be ,levied, assessed, imposed, become due.and payable, or liens upon, or arising in connection with the use, rental, occupancy or possession of, or growing due and payable out of, or for the Shopping Center or any part thereof, on any land, building, other improvements, or any leasehold interest thereto, or any payments made by Landlord in lieu of any of the foregoing. Such term shall not include any charge, such as water meter charge or any sewer rent based thereon, which is measured by the consumption by the actual user of service for which the charge is madE;!. Whether or not the Landlord sliall take the benefit of the provisions of any statute or ordinance permitting any assessment for public betterments or im.provements to be paid over a period of time, Landlord shall, nevertheless, be deemed to have taken such benefit so that the "Real Estate Taxes. sha~l inclUd~ only the current annual installment of any such assessment and the interest on unpaid installments.' . ~R~.I~~~.l,.? - "eJlAJlt.' ~_ ..sAa,~e -P.t. .~axe.sa,JlQ. 1\~~e.s.~Jllent~ (a) Tenant agrees to pay to Landlord each year during the term hereof, on demand, as additional rent, Tenant's Share of the Real Estate Taxes, as hereinafter described. (b) Tenant's Share of Real Estate Taxes shall be computed as follows: - ~ - (1) The total Real Estate Taxes payable for the Shopping Center, as shown on Exhibit At shall be divided by the total number of square feet of leasable retail floor area (36,000 square feet) of the Shopping Center. (2) The result of Step (1) shall be multiplied by the number of square feet in the Demised Premises (1,400 square feet), and the result of Step (2) shall be the amount of Tenant's Share of Real Estate Taxes. (c) Tenant shall pay to the Landlord Tenant~s Share of Real Estate Taxes, as herein defined, within fifteen (15) days after receipt by Tenant of a bill from Landlord setting forth Tenant's Share of Real Estate Taxes. Landlord may bill from time to time as such expenses are incurred. ARTICLE 13 - Use and Opera~ions (a) Tenant shall use and occupy the Demised Premises solely for use as a delicatessen and related products and services, trading and doing business under the name of Coste Seven, Inc., or such other trade name as Landlord may approve in writing. . (b) Tenant shall operate its business in all of the Demised Premises continuously, actively and diligently during the entire term of this Lease and shall at all times keep the Demised Premises fully equipped and fixtured and shall maintain a full inventory of merchandise. Tenant shall keep the Demised Premises open for business and adequately staffed during the regular and customary days and hours for-the operation of similar stores in the business area of Harrisburg, Pennsylvania, except_during periods the Demised Premises may be untenantable by reason of fire or other unavoidable casualty or causes. Tenant shall use for clerical office or other nonselling purposes only such space in the Demised Premises as is from time to tim~ reasonablt required for conduct of ~enant's business at the pemised Premises. (c) Without the prior written approval of Landlord, in Landlord's sole discretion, Tenant shall not display or sell goods or merchandise in the Common Areas or otherwise outside of the'Demised Premises. (d) The limitation of Tenant's use of the Demised Premises as se.t forth in Article 13 is intended solely to benefit the Landlord and shall not inure to the benefit of a third party, not a party to this Lease Agreement. (e) Landlord agrees that no other deli or family restaurant shall maintain and operate a business in the L-shaped - 9 - portion of the Shopping Center. This restriction shall not include those businesses operating with a limited menu such as a pizza parlor, ice cream parlor, baked goods shop, etc., or other similar types of businesses. This restriction shall not include any businesses in the southeast corner of the Shopping Center. ARTICLE 14 - Utilities (a) The Landlord agrees that, during the term of this Lease or any extensions thereof, the Demised Premises shall, at all times, be connected to the electric, gas, water and sewer lines or systems, as applicable, serving the Shopping Center. (b) Landlord shall not be liable to Tenant for the failure of any of the above utility services. However, Landlord agrees, in the event of any suspension or failure of service, to proceed with all due diligence to restore or cause the restoration of such service as soon as is reasonably . practical under the circumstances. Tenant will not hold Landlord responsible if the gas to the Demised Premises becomes unavailable, nor will Tenant hold Landlord responsible for any equipment conversion or installation costs caused by such unavailability of gas. (c) Landlord agrees that the connections of the electric, gas, water and sewer lines will be brought to the Demised Premises to the points designated, in accordance with Exhibit B. (d) Tenant shall promptly pay, as the same becomes due, all bills for telephone services, gas, electricity~ fuel,' oil, water, sewer and similar utilities consumed on or applicable to the Demised Premises. ARTICLE 15 - Assignment .and Subletting (a) ,Tenant shall not, during the term of this Lease or extension thereof, assign, transfer, mortgage, pledge or otherwise encumber this Lease or the leasehold estate created hereby or any part of' Tenant's title hereto or interest herein, in whale or in part, nor shall Tenant sublease the Demised Premises, in whole or in part, without the prior written consent of Landlord, in Landlord's discretion, and such consent shall not be unreasonably withheld. In the event of any such assignment or subletting with the consent of Landlord, Tenant will nevertheless remain liable for the performance of all the terms, covenants and conditions of this Lease and, in addition, will require any assignee or sublessee to execute and deliver to Landlord an assumption of liability agreement in form .,.. 10 - acceptable to Landlord as a condition precedent to the assigning or subletting. Consent by Landlord to any assignment or subletting shall not constitute a waiver of the requirement of such consent to any subsequent assignment or subletting. Any assignment by. operation of law, attachment or assigpment for the benefit of creditors shall, at Landlord's option, be inoperative. An assignment within the meaning of this paragraph shall be deemed to include one or more sales or tiansfers. by operation of law or otherwise, or creation of new stock, by which an aggregate of more than fifty (50%) percent of Tenant's stock, if Tenant is a corporation, of the ownership interest of Tenant, if Tenant is another form of entity, shall be vested in a party or parties who are nonstockholders or nonowners as of the date hereof. (b) The interest of the Landlord herein may be assigned in whole and also in one or more parts. In the case of any such assignment, the Landlord shall advise the Tenant of the name or names of the assignee or assignees, and Landlord. shall have no liability hereunder from and after the effective date of any such assignment,.except for obligations which may have theretofore accrued. ARTICLE 16 - Fire Insurance (a) Landlord agrees throughout the term of this Lease and any extensions thereof to carry fire and extended insurance coverage on the Demised Premises in an amount not.less than the actual replacement value without deducting physical depreciation on the building, but exclusive of costs of excavation, foundations and footings below the underside of the lowest floor, if excluded by the policy, to the extent o~ Landlord's work as set forth in this Lease. . (b) Tenant agrees throughout the term of this Lease and extensions thereof to carry fire and extended insurance coverage in an amount equal to the replacement cost of fixtures, normal inventory and leasehold improvements in the Demised Premises, including, but not limited to any improvements installed at Tenant's expense. Such insurance may be included in a blanket policy or policies. ARTICLE. 17 - Increased Insurance Cost Tenant shall comply with all laws and ordinances and recommendations of the Association of Fire Underwriters and will not do, nor permit anything to be done, nor neglect to do anything, nor bring nor keep nor permit anything to be brought into or kept on the Demised Premises which shall cause an increase beyond normal premiums that may be charged during the - 11 - term of this Lease on any public liability, casualty, fire and extended coverage insurance carried on the Demised Premises or the Shopping Center. If, by any reason of any act or omission of Tenant, the insurance premiums are increased beyond normal premiums, Tenant shall pay as additional rent hereunder the amount of such increased premiums. A schedule issued by the organization establishing the insurance rate on the Shopping- Center, showing the component of such rate, shall be conclusive evidence of the amount of such increased premiums. ARTICLE 18 - Landlord's Right to Cure Tenant's Defaults Tenant agrees that, if Tenant fails to make any repairs or do any work required of the Tenant by the provisions of this Lease, or if Tenant shall in any other respect fail to perform any.covenant or agreement in this Lease contained on the part of -the Tenant to be performed, then, and in any such event, after the continuance of any such failure or default for ten (10) days after notice in writing thereof is given by the .Landlord to the Tenant, notwithstanding any delay or forbearance in giving such notice, Landlord may cure such defaults, all on behalf of and at the expense of the Tenant, and shall have a right of entry into the Demised Premises for such purposes.. Landlord may further do all necessary work and make all necessary payments in connection therewith, including, but not limiting the same, to the payment of any attorney's fees and costs and charges of or in connection wi.th any legal action which may have been brought. Tenant agrees to pay to Landlord forthwith any amount so paid by Landlord, together with interest thereon at the maximum legal rate. All sums charged to Tenant by Landlord hereunder shall be indebtedness of Tenant to Landlord and shall become due as additiona~ rents~ ARTICLE 19 - ~iability Insurance and Indemnification (a) Throughout the term of this Lease and any extensions thereof"Tenant shall obtain, maintain and pay for policies of comprehensive general liability (including products liability) insurance covering the Demised Premises, the business operated by Tenant in and from the Demised Premises and the contractual liability of Tenant under this Lease in form and with insurers satisfactory to Landlord in amounts required by Landlord's mortgagees, from time, to time, but not less than Five Hundred Thousand ($500,000.00) Dollars with respect to property damage, Five Hundred Thousand ($500,000.00) Dollars with respect to death or personal injuries to anyone (1) person, and One Million ($1,000,000.00) Dollars arising out of anyone (1) occurrence. Such insurance may be included in a blanket' policy or policies. - 12 - . , (b) All insurance policies required to be maintained by Tenant under. this Lease shall be with insurance companies 1icensed to do business in the State of Pennsylvania and and satisfactory to Landlord and shall protect both Landlord, Landlord's mortgagees and Tenant, as their respective interests may appear. Certificates of such insurance shall be delivered to Landlord a minimum of thirty (30) days prior to possession of the Demised Premises by Tenant with renewals thereof delivered to Landlord a minimum of thirty (30) days prior to the expiration of any such policies. If requested to do so, Tenant shall also provide Landlord with copies of the pertinent portions of all such policies and shall also permit Landlord to examine the original policies. Each policy and certificate evidencing the same shall contain an agreement by the insurer that such policy shall not be cancelled or modified without ten (10) days' written notice to Landlord and that no act or omission of Tenant shall invalidate the interest of Landlord under such insurance. If Tenant fails to obtain and maintain any such insurance or to deliver any of the certificates as required in this Lease, Landlord may, in addition to any other remedy under this Lease, procure such insurance at the expense of. Tenant and pay the cost thereof. Such cost shall be deemed additional rent and shall be payable by Tenant to Landlord immediately upon demand, together with interest until paid. (c) During the term of this Lease or any extension hereOf, Tenant hereby agrees to indemnify and hold Landlord and Landlord's mortgage lenders harmless from any and all claims and demands arising out of the ~egligent acts or' omissions of Tenant, its officers and employees, and resulting in the loss of or damage to prope~ty or for injury to or death of any person while in, upon or about said Demised Premises or the sidewalks adjacent thereto. Cd) Landlor~ covenants and agrees that it shall . maintain a comprehensive policy of general liability insuring .Landlord, Landlord's mortgagees and Tenant, as additional insureds, against any lfability'~ccasioned by accident on or about any portion of.the Common Area of the Shopping Center, which insurance shall protect the interest of Tenant against any liability Whatsoever, except such as shall arise out of T~nant's agents, employees or servants, licensees or invitees, Or any contract of Tenant, or by default of Tenant under this Lease. The aforesaid liability policy shall be written by good and solvent insurance companies dUly licensed to do business in the State of Pennsylvani~ and shall be in amounts' not less than Five Hundred Thousand ($500,000.00).Dollars with respect to property damage,' Five Hundred Thousand ($500,000.00) Dollars with respect to death or personal injury to anyone (1) person, and One Million ($1,000,000.00) Dollars ~!ith respect to death or personal injuries out of anyone (1) occurrence. Such - 13 - insurance may be carried under a blanket policy covering other locations of Landlord, provided the protection and coverage afforded Tenant is not reduced thereby. Landlord agrees to deliver to Tenant at least ten (10) days prior to the time such liability insurance is first required to be carried by Landlord and, thereafter, at least thirty (30) days prior to the expiration of any'such policy, either a duplicate original or a certificate of all policies procured by Landlord in compliance with its obligations hereunder. (e) Landlord agrees that it will cause every other lease entered into in the Shopping Center to contain an obligation on the part of each such tenant to carry public liability and property damage insurance against liability occurring within such other tenant's premises in the amount of not less than Five Hundred Thousand (~500,000.00) Dollars, One Million ('1,000,000.00) Dollars for personal injury and Five Hundred Thousand ('500,000.00) Dollars for property damage. 1\~A.l.~~~. ..t.o. -'I'~naJ1~.'s. ..SJ1a.;r~. .9f.LAPClIPPj,' s. .lJ1~U~~J1C~. CQ~t.s (a) Tenant agrees to pay to Landlord each year during the term hereof, on demand, as additional rent, Tenant's Share of the Landlord's insurance costs as set forth in Article l6(a) and Article 19(d) or any place else in this Agreement as hereinafter described. (b) Tenant's Share of Landlord's insurance costs shall be computed as follows: (1) The total of Landlord's insurance costs, payable for the Shopping Center, as shown.on Exhibit A shall be divided by the total number of square teet of leasable retail floor area (36,000 square feet) of the Shopping Center. (2) The result of Step (1) shall be multiplied by the number~of square feet in the Demised Premises (1,400.squire feet), and the result of Step (2) shall be the amount of Tenant's Share of insurance costs. (c) Tenant shall pay to the Landlord, Tenant's Share of Landlord's insurance costs as herein defined, within fifteen (15) days after receipt by Tenant of a bill from Landlord setting forth Tenant's Share of Landlord's insurance expenses and, if requested by Tenant, proof of payment by Landlord of such expenses. Landlord may bill from time to time as such expenses are incurred. - 14 - AR~.I~:L;E. . ~J - W$l,i.y:~.r. .P~_ J,.L~b.i'.l.i~y (a) Notwithstanding anything in this Lease to the contrary, Tenant shall not be liable to Landlord or to any insurance company insuring Landlord for any loss or damage to the Demised Premises or to any improvement or property located within the entire Shopping Center which was or could have been covered by fire and extended coverage insurance even though such loss or damage ~ay have been occasioned by the negligence of Tenant, its agents or employees. (b) Conversely, anything in this Lease to the contrary notwithstanding, Landlord shall not be liable to Tenant or any insurance company insuring Tenant for any loss or damage to any property of Tenant located within the entire Shopping Center which was or could have been covered by fire and extended coverage insurance even though such loss or damage may have been occasioned by the negligence of Landlord or its agents or employees. (c) The parties hereto agree that their policies will inclUde such waiver, clause or endorsement so long as the same shall be obtainable without extra cost to the insured party, or, if extra cost shall be charged therefor, so long as the other party pays such extra cost. If extra cost shall be chargeable therefor, each party shall advise the other of the amount of the extra cost, and the other party, at its election, may pay the same, but shall not be obligated to do so. MX.l~ll'-;_ .2~ - ~~pa.i.r_ AnQ,MAin~~m~nG~ (a) Tenant shall at all times maintain the Demised Premises (including the inside and outs~de of all exterior entrances, store fronts and the glass and moldings in the doors and windows) and all. partitions, doors, fixtures, equipment and appurtenances thereof,'tn good ceder, condition and repair and including reasonable'~eriodic painting, making proper replacements when necessary, all at its own expense, except for structural portions of the roof, foundation, exterior walls, structural floors, ceiling supports, all outside electrical service to the building and the outside portion of .the water and sewer lines, which shall be maintained by Landlord: but, if Landlord is required to make repairs by reason of Tenant's willful or negligent acts or omissions to act, the cost of such repairs shall be paid by Tenant and shall thereafter become due as additional rent. - 15 - -' . (b) All electrical and plumbing systems and fixtures, heating and air conditioning systems shall be maintained by Landlord, except that Tenant shall be responsible for ordinary maintenance of HVAC, plumbing and electrical systems, such as replacement of filters and seasonal maintenance. Notwithstanding anything herein to the contrary, Landlord shall 'be responsible for broken glass ~aused by the settling of the building for the first lease year. (c) Tenant shall maintain the Demised Premises at its own expense in a clean, orderly and sanitary condition, free of insects, rodents, vermin and other pests and shall not permit undue accumulation of garbage, trash, rubbish and other refuse, but shall remove the same at its own expense and shall keep such refuse in proper containers. Landlord shall provide and designate a place (reasonably convenient to the Demised Premises) and manner for picking up refuse and garbage, and Tenant shall use such place and avail itself of such refuse disposal service and shall reimburse Landlord for Tenant's proportionate share of the costs thereof. (d) Tenant further Covenants that Tenant: (1) Will promptly replace at its own expense with glass of like kind and quality, any plate glass, door or window glass of the Demised Premises which may become cracked or broken except as provided in- Article 22(a) above. (2) Will not use or permit the use of any apparatus of sound reproduction or transmission, or any musical instrument, in such a manner that the sound so reproduced, transmitted or produced shall be audible beyond the confines of the Demised Premises. (3) Will keep all mechanical apparatus free of vibrations and noise which may be transmitted beyond the confines'-of the D~mised Premises. . (4) Will"not, without the consent in writing of Landlord, place or maintain any merchandise or other articles in any vestibule or entry of the Demised Premises, on the walkways adjacent thereto, or elsewhere on the exterior thereof. (5) Will keep the Demised Premises at a temperature sufficiently high to prevent the freezing of water and pipes and fixtures. .:.. 16 - ./ (6) Will not use the plumbing facilities for any purpose than that for which they are constructed and will not permit any foreign substance of any kind to be thrown therein. The expense of repairing any stoppage, seepage or damage, whether occurring on or off the Demised Premises, resulting from a violation of this provision by Tenant or Tenant's employees, agents or invitees, shall be borne by Tenant. All grease traps and other plumbing traps shall be kept . clear and operable by Tenant at Tenant's own cost and expense. (7) Will, notwithstanding anything in this Lease to the contrary, be responsible for all repairs and replacements to the Demised Premises necessitated by a burglary or attempted burglary, or any. illegal forcible entry into the Demised Premises. (8) Will comply with all laws and ordinances and all valid. rules and regulations of governmental authorities. . (9) Will not receive or ship articles of any kind except through facilities provided .or designated for that purpose by Landlord. (10) Will conduct its business in the Demised Premises in all respects in a dignified manner in accordance with standards of operation of such type of business. (11) Will comply promptly with all reasonable .rules and regulations established by Landlprd for all tenants of the Shopping Center. . (e) If Tenant refuses or neglects to repair, replace and maintain property as required hereunder as soon as reasonably possible after written notice from Landlord to do so, Landlord may undertake the same without liability of Landlord to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, provided that Landlord acts . reasonably in effecting such repair, replacement .and/or '. maintenance, Tenant shall pay, upon demand, ~s additional rent, Landlord's cost' and expense in effectuating the same upon presentation of bills therefor, plus fifteen (l5%) percent for overhead and supervision. Said bills shall include interest on said cost and expense from the. date of completion by Landlord. , ~ .1 7 - - ~~. . ARTICLE 23 - ~~t~~pt!PA~ ~ .-....... ......... . ..... .. . (a) Tenant may make any and all interior nonstructural alterations or interior nonstructural improvements to the Demised Premises at its sole cost and expense, provided that any such alterations shall be made in a good, workmanlike manner and not weaken the structure thereof, and Tenant, before commencing such work, shall take appropr~ate steps to comply with all lawful requirements, including, but not limited to procuring any and all required governmental permits, and shall secure from its general contractor and properly file a valid stipulation against liens (or waiver of liens) to avoid subjecting the property of Landlord or any portion of the Demised Premises or Shopping Center to any lien for labor, materials or equipment supplied to any part thereof. (b) Tenant shall not have the right to make any other alterations, additions or improvements to the Demised Premises without first obtaining, in each instance, the prior written consent of Landlord, which consent (except to external alterations, additions or improvements) may not' be unreasonably withheld. , (c) Tenant shall not permit any mechanic's or other lien or claim for lien or notice in .respect thereto to be filed against the Demised Premises or ,the Shopping Center or any fixtures, equipment or furnishing contained therein. If any such lien or claim'be made or filed, Tenant shall, within ten (10) days after notice of the filing thereof, cause such said lien, notice or claim for lien to be effectively removed and discharged of record1 provided, however, that Tenant shall have -the right to contest the amount or validity, in whole or in part, of any such lien, notice or-claim by appropriate proceedings, but, -in-any event, Tenant shall promptly bond such lien, notice or claim with a surety company satisfactory to - Landlord and shall prosecute such proceedings with .all due di.ligence and dispatc6~ If Te1\ant fails to so discharge or bond such lien, Landlord may, at its election', remove or discharge such lien, notice or claim by paying the full amount thereOf, or otherwise, and without any investigation or contest of the validity thereOf, and Tenant shall pay to Landlord, upon demand, as additional rent, the amount paid by the Landlord, including Landlord~s costs, expenses and counsel fees. ^A~.I.~):.J,E. ..2.4 - .s.~)::r.~mp~r.. .pt....tlu~. .P~Jtl.i.$e9. ;P.J::~i.s~~ At the expiration of, or sooner termination of this Lease, Tenant shall peaceably surrender the Demised Premises in - 18 the same condition as they are required hereby to be kept by Te'nant, excepting normal wear and tear and any alterations and improvements permitted by this Lease or effected with Landlord's consent. At such time, Tenant shall surrender all keys for the Demised Premises to Landlord at the place then fixed for payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Demised Premises. Tenant shall in accordance with Article 28 of this Lease, remove all its trade fixtures from the Demised Premises and shall repair any damage to the Demised.Premises caused thereby not later than the time hereby fixed for such surrender. ~:R~.I_G;4E.2S - Wp~t,~...Q,r:. .N~.i~iJJ1~.~ Tenant shall not commit or suffer to be committed any waste upon the Demised Premises. Tenant shall not commit or suffer to be committed any nuisance or other act which may disturb the quiet enjoyment of any other Tenant or occupant of the Shopping Center, nor shall it engage in any activity which may reasonably be expected to attract to the Demised Premises or to the Shopping Center any person who might reasonably be objectionable to, disturb the operation or decorum of or otherwise cause a disturbance in the Shopping Center. 1\Jt~.I~.r,.J:;. ..2.~ - ~PY~~nP1~ntp.1. .R~g~.l~t.i9Jl::> Tenant shall, at Tenant's cost, comply promptly with and observe all requirements of all f~deral, state and local governmental authorities having jurisdiction over the Demised Premises or the use and occupancy thereof or the operation of Tenant's business. · .A~X;J;c.~~.'}.J. - Wp}:~p.ntj,~~ Land~ord wil~ pass o~ to Tenant all warranties applicable to the Demised Premises and the improvements located thereon. Landlord further agrees to unconditionally guarantee workmanship and material for the first year following Tenant's possession of the Demised Premises. . . ^;R.~IJ';L;E. _ .2.8, - :r.r:p.ii~_ .r;lXt.Jlr~#3 Trade fixtures shall remain the property of Tenant and shall be removed at the expiration or sooner termination of the term of this Lease or any renewal or extensions thereof, provided Tenant shall not then be in default under any covenant - 19 - ..,. ..~....~.. or agreement contained in this Lease and that.Tenant shall have promptly repaired any damage to the Demised Premises caused by such removal. If Tenant fails to remove any such trade .fixtures upon expiration or sooner termination of this Lease, such trade fixtures shall, at Landlord's election, be deemed abandoned and shall become the property of Landlord, or may be removed by Landlord at Tenant's expense, which expense shall be additional rent hereunder. Lighting fixtures, heating and air conditioning equipment, plumbing and. electrical systems and fixtures and floor covering shall not be deemed to be trade fixtures whether installed by Tenant or by anyone else and shall not be removed from the Demised Premises, but shall upon installation become the property of Landlord without any compensation to Tenant. [\R.~I~r..~. ..2..9 - f\Pp~:s~. .pl. ,;LF\f\p).Qrp Landlord and/or its designee(s) may enter the Demised Premises during reasonable times; from time to time, for the purpose of examining or exhibiting the same or to make necessary repairs or for the reasonable ex~rcise tif any rights granted or reserved to Landlord pursuant to the terms of this Lease, provided that, so long as Tenant is not in default hereunder, the making of repairs to the Demised Premises shall not unreasonably interfere with Tenant's use of the Demised . Premises. Tenant will allow to have placed upon the Premises at any time "For Sale" signs and, during the last nine (9) months of the term of this Lease, "To Rent" signs and will not interfere with the same. l\R1.I;Ct~. .3.0. - P~,(a~.lt_ .PY. 1enant . (a) ~tv:ent.$.__pf_ .P~,fa~.l.t;. The following shall be considered "Events of Default": (1) The failur~ of Tenant to pay, when due, any installm~nt of rent or additional rent or any other sum payable by Tenant under this Lease,- which failure shall continue unremedied 'by Tenant for a period of five (5) days after written notice thereof shall have been given to Tenant by Landlord; provided, however, that, if Tenant defaults in making its payments of rent or additional rent requiring Landlord's written notice on three (3) occasions within any twelve (12) month period, then, at Landlord's election, such third (or sUbsequent) default shall not be capable of cure by Tenant. , . 20 - (2) The failure to perform any terms, covenants or conditions of this Lease or the violation or breach thereof by Tenant, which failure, violation or breach shall continue unremedied.by Tenant for a period of ten (10) days after written notice thereof shall have been given to Tenant by Landlord, or for such ad~itional period as may be necessary to remedy such failure, violation or breach with due diligence. (3) The closing by Tenant of the Demised Premises for a period in excess of five (5) consecutive business days, unless such closing shall be caused by labor dispUtes, fire, condemnation or other causes beyond the control of Tenant. (4) The abandonment by Tenant of the Demised Premises or the removal or attempted removal by Tenant, except in the ordinary course of business, of any goods or property from the Demised Premises without having paid and satisfied Landlord in full for all rent and other charges then due or that may thereafter become due until the expiration of the term of this Lease. (5) The insolvency of Tenant or the making of an assignment for the benefit of creditors, or the filing by TeQant of a petition in bankruptcy or a bill in equity or other. proceedings for the appointment of a receiver for Tenant, or the filing against Tenant of such petition or bill which is not dismissed, or the commencement of such proceedings which are not discharged within forty-five (45) days, or th~ institution by Tenant of proceedings for reorganization or for the composition or arrangement with creditors under any state or federal law, or an assignment of this Lease by operation of law, or the sale or levy upon the real or personal property of Tenant by anY~sheriff,. marshal or constable or other authorized officer. (b) Lapplo.r(l '/i Rem~di.~s. Event of Default by the Tenant, in or remedies that Landlord may have or in equity, Tenant covenants and have the following rights: (1) To accelerate the whole or any part of the rent for the entire unexpired balance of the term of this Lease (not to exceed one year's accelerated rent), as well as all other charges, payments, costs Upon the occurrence of an addition to any other rights under this Lease or at law agrees that Landlord shall - .21 - and expenses herein agreed to be paid by Tenant, and any rent or other charges, payments, costs and expenses if so accelerated shall, in addition to any and all installments of rent already due and payable and in arrears and/or any other charge or payment herein reserved, included or agreed to be treated or collected as rent and/or any other charge, expense or cost herein agreed to be paid by Tenant which may be due and payable and in arrears, be deemed due and payable as if, by the terms and provisions of this Lease, such accelerated rent and other charges, payments, costs and expenses were on that date payable in advance. (2) To reenter the Demised Premises and remove all persons and all or any property therefrom, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and repossess and enjoy the Demised Premises, together with all additions, alterations and improvements without the same constituting a waiver of any rights granted herein. Upon recovering possession of the Demised Premises by reason of or based upon or arising out of a default on the part of Tenant, Landlord may, at Landlord's option, either terminate this Lease or make such alterations and repairs as may be necessary in order to relet and/or operate the . premises or any part or parts thereof, either in Landlord's name or otherwise, for a term or terms which may at Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease to such person or persons as may in Landlord's discretion seem best; upon each such reletting, all rents received by Landlord from such reletting shall be applied: first, to the payment of any costs and expenses of such reletting, iIlcluding brokerage fees and attorney's fees and all costs of'such alterations and repairs; second, to! .the payment of rent due and unpaid hereunder; and third, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; and the residue, if any, shall be held by Landlord and applied in payment of future rent as it ~ay become due and payable hereunder. If such rentals. received from such reletting during any month shall be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such defi~iency to Landlord. Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of - 22 - the Demised Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Landlord to terminate this Lease unless written notice of such intention be given to Tenant. Landlord shall in no event be liable in any way whatsoever for failure to relet the Demised Premises provided Landlord makes commercially reasonable efforts to relet same or, in the event that the Demised Premises or any part or parts thereof are relet, for failure to collect the rent thereof under such reletting. Tenant, for Tenant and Tenant's successors and assigns, hereby irrevocably constitutes and appoints Landlord as its agent to collect the rents due and to become due under all subleases of the Demised Premises or any parts thereof without in any way affecting Tenant's obligation to pay any unpaid balance of rent due or to become due hereunder. Notwithstanding any such -reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. (3) To cure any default by Tenant at Tenant's cost. If Landlord at any time, by reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is _paid and, if paid at a later date, shall bear interest at the rate as hereinbefore provided from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent. (4) To terminate this Lease and the term hereby created without any right on the part of Tenant to waive the forfeiture by payment of any sum due 'or by other performance of any condition, term or covenant ~ - broken, whereupon Landlord shall be entitled to recover, in addition to any and all sums and damages for violatioI.l. of Tenant's obligations hereunder in existerice ~t the time'of such termination, damages ~or Tenant's default in an amount equal to the amount of the rent reserved for the balance of the term of this Lease, as well as all other charges; payments, costs and expenses herein agreed to be paid by Tenant, all discounted at the rate of nine (9%) pe+cent per annum to their then present worth, less the fair rental value of the Demised Premises for the remainde'r of said term, also discounted at the rate of nine (9%) percent per annum to its then present worth, all of which amount-shall be immediately due and-payable from Tenant to Landlord. - 23 - (5) If Tenant shall default in the payment of the rent herein reserved or in the payment of any other sums due hereunder by Tenant, Tenant hereby authorizes and empowers any Prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be brought for said rent and/or said other sums and/or to sign for Tenant an agreement for entering in any competent court an amicable action or actions for the recovery of said rental and/or other sums; and, in said suits or in said amicable action or actions, to confess judgment. against Tenant for all or any part of said rental and/or said other sums, including, but not limited to the amounts due from Tenant to Landlord under Article 30(b)(I), (2), (3) and/or (4), and for interest and costs, together with any attorney's commission for collection .of five (5%) percent. Such authority shall not be exhausted by one exercise'thereOf, but judgment may be confessed as aforesaid from time to time as often as any of said rental and/or other sums shall fall due.or be in arrears, and such powers may be exercised as well after the expiration of the initial term of this Lease and/or during any extended or renewal term of this Lease and/or after the expiration of any extended or renewal term of this Lease. (6) When this Lease and the term or any extension or renewal thereof shall have been terminated on account of any default by Tenant hereunder, and also when the term hereby created or any extension or renewal thereof shall have expired, it shall be lawful for any attorney of any court of record to appear as attorney for Tenant, as well as for all persons claiming by, through or under Tenant, and to sign an agreement for entering in any competent court an amicable action in ejectment against Tenant and all persons claiming by, through or under Tenant and therein c~nfess judgment for recovery by Landlord of possession of the Demised Premises, for which this Lease shall be its sufficient warrant; thereupon, if Landlord so desires, an appropriate writ of possession may issue forthwith without any prior writ or proceeding whatsoever, and provided that, if for any reason after such action shall have been commenced, it shall be determined that possession of the Demised Premises remain in or be restored to Tenant, Landlord shall have the right for the same default and upon any subsequent default or defaUlts, or upon the termination of this Lease or Tenant's right of possession as hereinbefore set forth, to bring one or - 24 - more further amicable action or actions as hereiribefore set forth to recover possession of the Demised Premises and confess judgment for the recovery of possession of the Demised Premises as hereinbefore provided. (7) In any amicable action of ejectment and/or for rent and/or other sums brought hereon, Landlord shall first cause to be filed in such action an affidavit made by Landlord or someone acting for Landlord, setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be prima facie evidence, and, if a true copy of this Lease (and of the truth of the copy such affidavit shall be sufficient evidence) shall be filed in such suit, action or actions, it shall not be necessary to file the original as a warrant of attorney, any rule of court~ custom or practice to the contrary notwithstanding. (8) No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy herein or by law provided, but each shall be cumulative and in addition to every . other right or remedy given herein or now or hereafter existing at law or in equity or by statute. (9) Tenant hereby waives and releases all errors and defects which may intervene in the Landlord's exercise of any of its remedies hereunder, including the summary remedies. Tenant further waives the right of inquisition on any real estate levied ~n, and Tenant voluntarily condemns the same and consents to an immediate execution upon any judgment obtained by Landlord. ~enant also waives and releases all relief from any and all appraisement, stay or exemption law of any state now in force or hereafter enacted. Tenant waives~any notice to quit required by any law now in force or hereaf~er enacted. (10) In case suit shall he brought for recovery of possession of the Demised Premises, for the recovery of rent or any other amount due under the provisions of this Lease, or b~cause of the breach of any other covenant contained herein on the part of Tenant to be kept or performed, and a breach shall be established, Tenant shall pay to Landlord all expenses incurred therefor, including reasonable attorney's fees. . (11) Notwithstanding any other provisions of Article 30, Tenant's liability shall not exceed Landlord's actual and -physical damages to the Demised Premises, including, but not limited to the expense - 25 - . ; incurred by Landlord in removing property of Tenant and/or trade fixtures, storage of same and placing the Demised Premises in tenantable condition, incurred by Landlord and twelve (12) months rental due under the Lease; less such amounts as have been received by the Landlord in reletting the Demised Premises pursuant to the Lease requirements imposed on Landlord to make commercially reasonable efforts to relet same durinq the first twelve (12) months of Tenant's default. This limitation shall be effective as to the Tenant upon the condition that Tenant pays the actual and physical damaqes as aforesaid. within fifteeu (15) days from receipt of a.billinq therefor. and that monthly payments of rental due durinq sllch rwp-lvp '12) month period are made timely and otherwise strictly in accordance with the Lease terms, less only such amounts as Landlord receives by relettinq the Demised Premises. In the event such payment.a ~ not timely made or the Demised Premises are not vacated, this limitation of liability shall be of no force and effect, and the liability hereunder shall be unconditional and absolute. ARTI~LE 31 - Damage or Destruction (a) Notice of Damage. If any part of the Demised Premises shall be damaged or destroyed by fire or other casualty, Tenant shall give prompt notice thereof to Landlord. (b) Damage or Destruction to the Demised Premises. Subject to the requirements of Landlord's mortgagees: (1) I~ the Demised Premises or any portion thereof are damaged or destroyed by fire or other casualty but ~ not hereby rendered wholly untenantable,--Landlord shall, at its own expense and to the extept of Landl6rd's work as set forth in this Lease, cause such damage to be repaired. (2) If the Demised Premises shall be rendered wholly untenantable by reason of such occurrence, Landlord shall promptly, at its own expense, cause such damage to be repaired to the extent of Landlord's work, as set forth in this Lease; provided. however, Landlord shall have the right, to be exercised by notice in writing to Tenant within sixty (60) days from and after such occurrence, to elect not to repair or reconstruct the Demised Premises, and, in such event, this Lease shall cease as of the date of such notice, and Landlord and Tenant shall each thereupon be released from any obligation or liability thereafter accruing in respect of or arising out of - 26 - ; J this Lease. Except as herein provided, there shall be no obligation on Landlord to repair or rebuild in case of fire or other casualty. (3) Unless Landlord shall so terminate this Leas~, Tenant shall promptly restore and replace all fixtures and improvements on the Demised Premises (except those included in Landlord's work), including, but not limited to those installed and made by Tenant, and shall apply the proceeds of all fire and extended coverage insurance maintained by Tenant as required by this Lease to such restoration and replacement. (c) Damage or Destruction to the Shopping Center. (1) If, in the opinion of Landlord, the building of which the Demised Premises is a part, or if the Shopping Center is substantially damaged or destroyed by fire or other casualty (whether-or not the Demised Premises are affected), Landlord may terminate this Lease by written notice delivered to Tenant within sixty (60) days after the date of such occurrence. If Landlord does so terminate this Lease, Landlord shall be under no obligation to repair, restore or replace any part or all. of the Shopping Center. (2) If this Lease shall be terminated as provided in this Article, Tenant shall surrender the Demised Premises within thirty (30) days after delivery of any notice of termination; whereupon this Lease shall expire as though the date of such surrender were the date herein set forth for the expiration of the term hereof. ,(d) Rent Abatement. In the case of fire or damage, the rent shall be abat~d proportionately with the degree in which the Tenant's use of the Demised Premises is impaired during the period of d~mage. If the Landlord repairs the damage, the abatemen~ shall end' five (5) days after notice that the Demised Premises have been repaired. ARTICLE 32 - Eminent Domain Subject to the requirements of Landlord's mortgagees: (a) Total Condemnation of .the Demised Premises. If all or a substantial portion of the Demised Premises is taken by or pursuant to governmental authority or by the exercise of right of eminent domain or by agreement between the Landlord and those authorized to exercise such right (all such procedures being collectively referred to herein as "a taking in condemnation"), the obligations of the Tenant accruing - subsequent to such taking in condemnation shall cease and - 21 - determine absolutely, and the Tenant shall surrender possession of the Demised Premises to Landlord as of the date title vests in the condemnor or, at Landlord's option, if permitted by applicable law, the obligation of the parties' hereto shall continue in full force and effect as to all of the terms and conditions of this Lease until Tenant, by reason of an officia1 order or direction of the condemning authority, vacates the Demised Premises. (b) ~pnp~mJl~J:"iJm. .p.f. ..th~. Shppp,ing. ~~P.t~,r. I f any material part of either the building of which the Demised Premises are a part' of or the Shopping Center shall be taken in condemnation (whether or not the Demised premises shall be affected), Landlord, at Landlord's option, may by written notice given to Tenant within sixty (60) days after the date of such taking in condemnation, elect to treat such taking in condemnation as a taking in condemnation of the en~ire Demised Premises with the same effect as if the entire Demised Premises had in fact been taken. (c) ~OJlP~Jtlnati.pn. ,J\~a.rp~. In the event of a taking in condemnation of the Demised Premises, whether partial or total, or in the event that Landlord elects as above provided to treat a taking in condemnation as a taking of the entire Demised Premises: (1) Tenant hereby waives all claims against Landlord in connection with such taking, except as specifically provided in Article 32(d) entitled "Partial Condemnation," and hereby assigns to Landlord all claims of any nature against the condemnor arising out of such taking, inClUding, but not limited. to all claims for loss of Tenant's leasehold estate. ! (2) ~nant shall make no claim against the condemnor for the value of Tenant's leasehold estate. (3) Nofwithstan~ing the'foregoing, Tenant shall be entitled to the extent applicable law permits to claim against the condemnor for removal expense,_ business dislocation damage, moving expenses and delay compensation, if any, provided that such claim shall not reduce any award to Landlord. Cd) ~ar~ial, CQn~~~na~~pn. In the event of a ~ondemnation of any portion of the Demised Premises, Tenant may elect to terminate this Lease by the effective date of the taking in condemnation. - 28 - r' . . , , ~ If this Lease continues after a partial taking in condemnation, the minimum rent payable hereunder shall be . reduced from and after the taking of possession by the condemnor in the same proportion as the area, if any, of the Demised Premises taken bears to the area of the entire Demised Premises. l\~1.lCJ:,~, .3,.~ - P~PQ.r.P.in.A.t.iPJ! (a) Subject to the terms hereinafter set forth, this Lease and the estate hereby demised shall be and remain junior to any and all mortgages on the Demised Premises or the Shopping Center or any part thereof of which the Demised Premises constitute a partl provided, however, that: (1) So long as Tenant continues to pay the rent as in this Lease reserved and otherwise complies with the terms and provisions hereof: (i) The right of possession of Tenant to the Demised Premises and the provisions and terms of this Lease otherwise shall not be affected or disturbed by mortgagee in the exercise of any of its rights under the said mortgage, or the bond or debt secured thereby or otherwise by law provided. (ii) In the event that the mortgagee comes into possession of or ownership of the title to the Shopping Center or Demised Premises by foreclosure of said mortgage, or by proceedings on the said bond, or otherwise, this Lease shall continue in effect and shall not be'terminated by any. of Baid proceedings. (2) In the event that the Demised Premises are sold or other~ise disP9sed of pursuant to any right or any power contained in the said mortgage or the said bond, or as a result of proceedings thereon, the . purchaser of said Demised Premises at such sale, or any person acquiring title through or by' virtue of said sale, shall become liable to perform all of the, obligations of Landlord under this Lease. (3) This Lease shall be binding upon and inure to the benefit of mortgagee, owner and Tenant, and their respective heirs, executors, administrators, successors and assigns, except as otherwise expressly provided herein. - 29 - . : i I I ;. (4) The foregoing provisions shall be self-operative, but Landlord agrees to secure the mortgagee's written confirmation thereof, as reasonably requested by Tenant. (b) Qfts~t. S~~tement. Within ten (10) days after request therefor by Landlord or any mortgagee, an offset . statement shall be required from Tenant, and Tenant agrees to deliver in recordable form a statement in writing to any proposed mortgagee or purchaser or lender or to Landlord, certifying (if or to the extent that such be the case) that this Lease is unmodified and in full force and effect, that Tenant has accepted the ()emised Premises and is in posseSsion thereof, that Tenant has commenced the payment of rent, that Landlord is not in default under this Lease and that there are . no deficiencies or offsets to the Lease claimed by Tenant. (c) ~~~J~~e. pt. CpffipJiance. If Tenant shall fail to comply with any of the terms of this Article or to execute any statement or agreement herein required within fifteen (15) days after written request from Landlord, Landlord may terminate this Lease by written notice to Tenant, whereupon the term shall expire as though the date of such notice were the date herein set forth for the expiration of the term hereof. . M~.l:~,L.F,;.),!1. - ~el~tJon.ship_ Pt.. 'pp.rJ:i~~ The relationShip of the parties under this Lease is Solely that of Landlord and Tenant and shall in no way be construed as a partnership, joint venture or other joint enterprise. J\,J{~J.~LJt ,.:loS' - P~.~.!.ni.t..i9n.~ . (a) every person notice given parties, and them. The word "Tenant" used in this Lease shall mean or party nam~d as ~nant in this Lease. 'Any as provided in this Lease shall bind all such it shall have the same force as if given to all of (b) The Use .of the neuter singular pronoun to refer to Landlord and Tenant shall be deemed a'proper reference to either of them whether they pe an individual, -a corporation, a partnership or any form of joint venture. _30 :-:- .., I , . MrXGM~. ..3..~ - l\G~p)::!l..;lnO. .S~.t,,i.sf.;l~t.iPJ1 No acceptance by Landlord of an amount less than the monthly rent and other payments stipulated to be due under this Lease shall be deemed to be other than a payment on account of the earliest such rent or other payments then due or in arrears nor shall any endorsement or statement on any check or letter accompanying any such payment be effective to constitute an accord and satiSfaction. Landlord may accept any check for payment by Tenant without prejudice to Landlord's right to recover the remainder of any rent or other payment then in arrears, and Landlord may pursue any 0ther right or remedy provided in this Lease. No acceptance by Landlord of any payment of rent or other sum by Tenant shall be deemed a waiver of any of the obligations of Tenant under this Lease. l\,R,.;rC.LE. ..3J - Qu,i.~t, .~n.jpYmen~. Upon payment of the rent and performance of all the other covenants, terms, conditions and provisions of this Lease on the part of the'Tenant to be performed, Tenant shall peaceably and quietly hold and enjoy the Demised Premises for the term herein specified, subject nevertheless to all the covenants, terms, conditions and provisions of this LeaSe. Landlord represents that it is well seized of the land as outlined on Exhibit A as described in Exhibit A-I and may legally enter into this Lease with Tenant. A.R,~.I~L~_ ,).8 - JIo.ldiJl9, OY~.I: Any hOlding.'over after the expiration of the term of .this Lease shall, at Landlord's option upon notice to Tenant, he construed to be a tenancy either from month-to-rnonth or from year-to-year at the rent and o~her payments herein specified and shall otherwise~be subject to the conditions, covenants and agreements of this Lease. If Tenant shall hold over after the termination of this. ~ease for any reason Whatsoever, and Landlord has notifi~d Tenant in writing that such'holding over shall not be permitted, Tenant shall pay as liquidated damages and not. as a penalty an amount equal to twice the monthly rent in effect for the last month of Tenant's lawful OCcupancy prorated for the period during which such holding over continues. Nevertheless, the acceptance of such amount by Landlord shall be without prejUdice to any other rights or remedies of Landlord at law or,ineqUity or under, this Lease. .-' 31 - .,. . I , ":R~.I.~.LE. ,..3.~ - ~~pp.r.P'\llg If requested by Tenant, Landlord, at Landlord's expense, shall prepare, have executed and promptly file a Memorandum of this Lease in the Recorder of Deeds Office of Cumberland County, Pennsylvania, and provide proof of such recording to the Tenant. Landlord's obligation is expressly conditioned on Tenant delivering to Landlord's attorney, to be held in escrow, a Memorandum of Termination of this Lease, executed and in recordable form. . ^P"~.I~,~.E_ .,4..Q - P~.lpY~. If either party to this Lease shall be delayed or prevented from the performance of any obligation hereunder (other than the obligation of Tenant to pay rent or additional rent or other charges when due) by reason of labor disputes, inability to procure materials, failure of utility service, restrictive governmental laws or regulations, riots, insurrection, war, adverse weather, Acts of God, or other similar causes beyond the control of such party, the performance of such obligation shall be excuseq for the period of delay. The provisions of this Article shall not excuse Tenant from the prompt payment of any sums payable under any of the provisions of this Lease. ~R~l~L.E. 4A - ~pp.tlpn.~ The captions, section numbers, paragraph numbers and. index appearing in this Lease are inserted only for convenience and shall not in any way affect the meaning or intent of any portion of this Lea~e. 1\.R.~;I;~J,.E. .4.~ - l'~^t,,i.Al. .,IJ\yp,li.pit,y _ .pn9. ~~m,st~J.\Pt..ipn ._, . . The sections of this Lease are intended to be severable. If any section or provision of this Lease shall be held to be unenforceable by any court of competent jurisdiction, this Lease shall be construed as though SUch section had not been included in it. If any section or provision of this Lease shall be subject to two constructions, one of which would render such section or provision invalid, then such section shall be given the construction which would .render it invalid. .~ 32 - .,",: . : I ~R~.I.CLp.:_p.4.3. -a.inQ.inq.,E;.1;t.~Gt (a) The provisions of this Lease shall extend to and be binding upon the parties hereto and their respective personal representatives, successors and assigns except that this provision shall not be construed as a consent by Landlord to any subletting or assigning by Tenant. (b) All liability of Tenant for the payment of rents or any other obligation shall survive the expiration or sooner termination of this Lease. J\R~lJ~L;E, .4.4 - :L~PQJ.,P;r:9.'..S. Re,s.t~,i,~~.ipA.s So long as Tenant continues to operate and conduct its business for the uses permitted in Article 13 above, Landlord covenants and agrees: (a) Not to lease or permit to be occupied or used any single store within the Shopping Center to other tenants whose primary operations are similar to that of Tenant as provided tor in Article l3(a)i this expressly does not, however, preclude Landlord from leaSing space to other non-delicatessen style restuarants and eating establishments. (b) This covenant does not apply, however, to other tenants who may be incidentally providing services similarly in nature and customarily offered in other stores in its chain, if any, to that of Tenant. A~:rI~L..E..:4.~ - AJ;.Pj.,t.r.At.i.on Any disagreement between the parties hereto, including any interpretation of the provisions of this Lease, shall be decided according to t~e rules set forth by the American Arbitration Association, and any decision handed down by said Assoc~ation shall be final and binding and not subject to appeal. ~~~lCL~. .4~ - NotJG~~ (a) All notices or demands required or permitted to be given or served under this Lease shall be deemed to have been given or served only if in writing forwarded by registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: - 33 - , l To Landlord at: Wesley Associates c/o Mr. David R. Schad 30 East King Street York, PA 17405 To Tenant at: Mr.' Lawrence L. Kostelac Koste Seven, Inc. 323 Somerset Drive Shiremanstown, PA 17011 (b) Such address notice delivered as above Land10rd or any mortgagee sha11 send such mortgagee to Land1ord. may be changed by either party by provided to the other party. If shall so request of Tenant, Tenant a copy of any notice thereafter sent AR~~CLE"47 - E~hjp~t~ The following attached EXhibits, initia1ed by the parties hereto, are deemed part Of this Lease: A Site Plan A-I Location ot Demised Premises B Plans (Landlord's Responsibilities) 1\g:;r'.IGL~, .~..8. - t.:nt~);~,^gr~~J1l~Jlt This Lease and the Exhibits attach~d hereto set forth the entire agreement between the parties, and there are ho ot~er agreements, expressed or implied, oral or written, except as herein set forth.- This Lease may not be amended, altered or changed except in writing by both of the parties hereto. This Agreement sha11 be interpreted under the laws of the Commonwea1th of Pennsylvania. . . A;R,.XG;L.E_ ..4.9. - ,S.~cp,.rity. D~PQ.$,i.t Landlord hereby acknowledges receipt from Tenant of the sum eqUal to one (1) month's rental to be held by Landlord as security for the payment of rent and the performance of Tenant's other ob1igations under this Lease. Said deposit shall be returned to Tenant at the termination of this Lease it all Tenant's obligations hereunder are pertormed to the date of termination. It Tenant detau1ts in the payment of rent or in the performance or observance of any Obligation on its part ..,.. 34 - , I under this Lease, Landlord may apply the deposit to payment of rent in default or other money arrearage and/or to the damages and costs incurred by Landlord as a result of any default and/or to costs incurred by Landlord in rectifying any default and/or to the prepayment of minimum rent for any subsequent period of the term; and Tenant shall promptly thereafter restore the security deposit to the original amount above specified (except the extent the said sum is applied by Landlord to prepayment of minimum rent). The right of Landlord to apply the security deposit as above specified shall not be construed as a limitation upon Landlord's right to invoke any other remedy available under this Lease or at law or in equity for breach of this Lease, or to collect the full amount of damages owing by Tenant on account of such breach. ARTICLE 50 - Limitation Upon Landlord's Liability Neither Landlord nor any principal of Landlord, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Demised Premises, and, if Landlord is in breach or default with respect to Landlord's obligations under this Lease or otherwise, Tenant shall look solely to the equity of Landlord in the Demised Premises for the satisfaction of Tenant's remedies. ARTICLE 51 - Time of the Essence Time is of the essence to each provision of this Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first above written. i WITNESS: LANDLORD: x1td~ Wesley Associates , ATTEST: TENANT: Koste Seven, Inc. o.;1'~ ~ 7""~ (Asst.) Secretary . By~4~~~~c (Vice) President . (CORPORATE SEAL) / i'.u:">lt;/-''j'L UijJl/bb GUARANTY Wesley Associates, a Pennsylvania general partnership ("Creditor.), has agreed to lease the premises within the . Eastgate Shopping Center to Koste Seven, Inc., a Pennsylvan1a corporation (.Debtor.), subject to tl)e terms, rents, covenants and c~itions set forth in the Agreement of Lease dated . , )()/~ J I , 1986, as the same may be extended, amended an lor supplemented from time to time (the "Lease"). The Creditor has undertaken to make this advance to Debtor Ln reliance upon, among other things, the security of this Guaranty. . ,,' .' event such payments are not timely made or the Demised Premises are not vacated, this limitation of liability shall be of no force and effect, and the liability hereunder shall be unconditional and absolute. 3. The liability of the Guarantors hereunder is absolute and unconditional and shall not be affected in any way by reason of any failure to pursue, repay or preserve any . rights against any person or persons, or the lack of any pr10r enforcement of such rights. The Guarantors hereby waive any right to require any such 'prior enforcement, and the Guarantors a9re~ that any delay in enforcing or failure to enforce any such rights shall in no way affect the liability of the Guarantors hereunder, even if such rights are thereby lost. " 4. The Guarantors hereby waive all notices whatsoever .with respect to this Guaranty except for notice of demand for payment from the Guarantors: and Guarantors further waive notice of all other a.greements, present and future, between Debtor and Cr~itor, including, but not being limited to notice of Creditor's acceptance hereof, and intention to act in reliance hereon, of their reliance hereon, of the amount, terms and conditions of the agreements between Creditor and Debtor and of any past or future de.faults thereunder. The. Guarantors hereby consent to the..takihg:H of',' or. failure to t'ake,from time c to time without notice to the Guarantors, any action of any nature whatsoever with respect to the agreements between Debtor and Creditor, including, but not being limited to any renewals, extension~, modifications, postponements, compromises,. indulgences, waivers, surrenders, exchanges, and releases, 'and the Guarantors shall remain fully liable hereon, notwitbstandingany of the foregoing. The Guarantors. hereby . .waive the benefit of all laws now or hereafter in effect in any. . . . .way limiting or restrictingtbe liability of the Guarantor.s hex;eunder, inclUding, without limitation, (a) all defenses whatsoev$r to the Guarantors' liabitity hereunder except the defenGes of (i) actual payment: and (ii) the performance of the' other.obligations by t;Jle Creditor under the a9reements~ and'{b) all r1ghts .to stay ot execution' and exemption of .property in any a~tion ~oenforce the' liability of the Guarantors hereunder. . S. In addition to all other liability of the Guarantors hereunder, the Guarantors also agree to pay on demand all costs and expenses (including reasonable counsel fees) which may be incurred in tbe enforcement of the agreements between Debtor and Creditor or the liability of the Guarantors hereunder, by Creditor or' any assignee. No delay-in making demand on the Guarantors for performance of payment of the Guarantors' obligations hereunder'shall prejudice the right to enforce said performance or. payment. ..,. 2 - .; ,.,/. j i' .< 6. The undersigned Guarantors further do hereby empower any attorney of any court of record within the United States or elsewhere to appear for them, or either one of them, and after one or more declaration filed, confess judgment against them or either of them as of any term for all sums due hereunder, with costs. of suit and attorney's commission of five (5\) percent for coilection and release of errors, and without ~~aY nf execution, and inquisition and extension upon any levy on):eal.J~state is hereby waived, and condemnation agreed to, and tte exemption of personal property from levy and sale on any execution ber~on is also hereby expressly waived, and no benefit of exemption be claimed under 'andby virtue of any eitem.ption law. now in force or which may be hereafter passed. 7. This Guaranty is given in connection with and evidences the obligation of the undersigned to make payment in connection with a commercial transaction. 8. In the event of anyone or more of the provisions contained in this Guaranty shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Guaranty, but this Guaranty shall be construed as if such'invalid, illegal, or unenforceable . provisions had never been contained herein. 9. The liability of any Guarantor hereunder is not conditioned upon the liability of any other Guarantor. 10. The liability of each of the parties, which together are the Guarantors hereunder, ahall be joint and IiH!ve~Al. 11. When the context so requires, the singular shall be '.8\l.bat1tut;.ed for t~e plural, and vice versa. . . . IN WITNESS WHEREOF, on this~ 1 (A-ay of . ,::JL,/ \/ , 1986, INTENDI.NG TO BE,.-LEGALLY BOUND, and to bind the executors, 'administrators, 1iei~~, sucaesso~s and assigns of the undersigned, as applicable, the Guarantors have caused this Guaranty to be duly executed and delivered. WITNESS. -- l /) 2- ~L. ./. _-/--4~ ~<----:f-> ~~ =v-c / (~4 ;. f x ~ilo;+ L ANlENDMENT OF LEASE d/b/a Koste Seven, Inc, TIllS AMENDMENT OF LEASE dated 29lb day of September, 2004 is made and entered into by and between Home Elite, Ltd., and PR Realty, LLC (hereinafter referred to as "Landlord"), in the Eastgate Plaza ("Shopping Center"), Township of Hampden, County of Cumberland, Pennsylvania and Koste Seven, Inc., a Pennsylvania Corporation (hereinafter referred to as "Tenant"), upon the following tenns and conditions: WITNESSETH: WHEREAS, Landlord and Tenant executed and delivered a Lease Agreement dated July 31, 1986 covering 1,400 S,F. of Retail Space located in the Shopping Center (hereinafter referred to as the "Lease Agreement"). AND WHEREAS, Landlord and Tenant desire to extend the Lease Agreementas hereinafter set forth: NOW THEREFORE, for and in consideration of the First Amendment of Lease Agreement, the agreements herein contained and One Dollar ($1,00) in hand paid by Tenant to Landlord the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows: . ;).tJc ~ The term of the Lease is hereby extended through and including September 30,~~ Fixed Monthly Rental for the demised Premises as outlined in Article 7 - Rent and Late Payment Charges of the aforementioned Lease as Follows: r:. f ' nY-(-L ~ ~ Year Lease Year I Year 2 Year 3 ....--~... f<.vY ear 4 ~ Year 5 October 1,2004 - September 30, 2005 October 1,2005 - September 30,2006 October I, 2006 - September 30, 2007 October I, 2007 - September 30, 2008 October 1,2008 - September 30,2009 $1,283.00 I Month Net, Net, Net $1,309.00 I Month Net, Net, Net $1,335.00 I Month Net, Net, Net $1,361.00 I Month Net, Net, Net $1,388.00 I Month Net, Net, Net Tenant must give One Hundred Twenty (120) Day written notice NOT to renew. If said notice is not received, Lease will be automatically terminated *Lease Subject to Approval by new Landlord. All other terms and conditions of the Lease Agreement shall continue in full force and effect, and Landlord and Tenant hereby confirm the terms, provisions and conditions of the Lease Agreement are emended by this Amendment. This Amendment shall be binding upon the parties hereto and their respective successors, assigns, heirs andfj. fers. G7 \ . .v~IIRutl1ev ^V:;.J fJoVf'lvJb~ Executed as of this .:J.- day of~ub.,r, 2004. Executed as of this ..DL day ofSer+^lftbcr, 20 . TENANT: By: LANDLORD: HOME ELITE L TO I PR REALTY, LLC By: ,. ESTOPPEL LETTER August 31,2004 RE: Confirmation of Lease Agreement for Eastgate Shopping Center, Hampden Township, Cumberland County, Pennsylvania Ladies and Gentlemen: At the request of Wesley Associates (Landlord") the undersigned hereby cel1ifies [0 you and agrees as follows recogni2ing that you will rely on the information contained herein: 1. The undersigned is the tenant under a lease with Landlord, as follows: Lease dated July 31, 1986, and occupies the premises demised hereunder. 2. The above lease as amended and/or assigned is 111 full force and effect &.r:d IJl,s not otherwise been amended, modified, supplemented or superseded, and d~l-'get....er herewith constitutes me entire agreement between the undersigned and Landlord with respect to said premises. There is no other agreement (except for the agreements contained herein) berween the undersigned and the Landlord with respects to said premises or any other space at the above referenced propelty. 3. Neither the undersigned nor the Landlord is in default under the Lease. There is no defense, offset, claim or counterclaim by or in favor of the undersigned against Landlord under the Lease or against the obligation of the undersigned under the Lease. 4. The undersigned has not received notice and is not aware of any plior transfer, assignment, hypothecation or pledge by Landlord or any of the Landlord's interest in the Lease, except to you. 5. The monthly base rent of $1,218.25 due under the lease has been paid through August 31, 2004, and aU additional rent due under the Lease has been paid through August 31, 2004- 6. The tenant has a security deposit of $1,218.25 deposited with tl1e Landlord, 7. There are no actions, volunlary or omerwise. pending or, to the best knowledge of the undersigned, threatened agamst the undersigned under the bankruptcy, reorganization, moratorium or similar laws of the United Stares, any state thereof or any other jurisdiction. 8. The undersigned has accepted possession. taken occupancy of. and is conducting operations at the premises; the terrn of [he Lease has commenced; the .' undersigned has commenced the payment of rents for a.ll space subject [Q the Lease~ and the lease is cUlTently a month-lo-month lease. 9. All work [0 be performed by Landlord under the Lease has been completed in accordance wim the Lease and has been accepted by the undersigned and all reimbursements and allowance due to the undersigned under the Lease in connection with any work has been paid in full. 10- The Lease contains no first right of refusal, option to expand, option (0 terminate, or exclusive business rights. except as follows: None. 11. Tenant has not entered into any sublease, assignment or any other agreement transferring any of its interest in the Lease or the Premises except as follows: 12. Tenant has not generated, used, stored, spilled, disposed of, or released any hazardous subsunces at or in the Premises. "Hazardous Substances" means any tlammable, explosive, toxic, carcinogenic, mutagenic, or corrosive substance or any flammable, explosive, toxic. carcinogenic, mutagenic, or corrosive substance or waste, including volatile petroleum products and derivatives and drycleaning solvents. To the best of Tenant's knowledge, no asbestos or polychlorinated biphenyl ("PCB") is located at, or in the Premises. The term "Hazardous Substances" does not include those materials which are technically within the definition set fonh above but which are contained in pre- packaged office supplies, cleaning materials or personal grooming items which are sold for consumer or commercial use and typically used in other similar buildings or space. Very truly yours, . ice) President F:\daw\9313 . WES~ ASSOCIATES\5766 -GanafaJ\DOCLrnenlS\Koste Seven Estoppel.doc 9/2104 3~38 PM ,,-,__.-1'V'- IV- NO.~HO p. A.. Sett~ement Stat~ment FINAL U.S, ~.I Housing and \JJllan OeYOloptrenl OMB No.~~-0265 REV. HUD-1 6 B n1'I! OF LOAN I. []FH.t. 2. OFmHA 3. oCm..lJoins. 4. VA 5. Coov, Ins. ::"~:R . ~ 7. LOAN HU1.IIlER 8. MORTGAGE INSU\"lNCE CASE NUllBER ADOReSS: E. NAME Of SEllER: AlJORESS: F. tw.lE Of lENDER: AllORESS: G. PROPER1Y AOOReSS: H. SET1tEMeNT AG,ENT: I. SETTl.a.tENT DATE: 100. GROSS AMOUIfT OUE mOIl 101. Conlr 102. Per 103. .10 inel400 104, 105. S 400. GR08S AMOUIIT DUE TO saL!R - PI CTlon:- 403. 404. AdiuAtmenlolo<.em.' ....... odvance 106. CK ,.... 09I171ll41012131l1M 108. School T.... . 0911710& lI6/3OI05 108. ........ 17104 110 111. 112- 120, GROSS AMOUNT OUE FROIII BORROWER 200, AMOUNTS PAlO BY OR ON llSlAI..F Of 201. 202. 203. 204. .......... tOr-.. old oeIlet In advan<>> 406, -. 09I17104101113W4 406. SdIlXll T.... 0911710410 06I30lII5 ..- 09/1710410 .. 410. 412- 0. 0l\0S$ AMOUItT DUE TO SELLER REDUCTIONS 1M AIIOUNT DUE TO $EU.EI't 502. _dl 003. . loan en 10 commu benk 505. of Loan COmmuni Bank "lJI!I! 13. 214. 215. 216. 217. 218. 219 TOTAl.. PAID &Y/FOR 300, CASII AT SETTJ..EMEMT 301. Qussll11llUl1l due tom 1 302- less /to< _ lire 'ustments !Of i\eIns seller 200 home elite 1120_ unll0;!.. 201. 1128"""""""zothomeelile' 2011. 1728 1 home..' 209. 21011' home ell. ' U6tmenls for items Ier wesn1UlE.FORtI1",~'TA1&Etm n.~OIJIlMWd"""""=-=""""""'''''15''''''fUn'lb'''to h1i1rNlnl___ a.mc.. Kr-u-:::;: '" ;"~'::"~~.:'-:'~~7:t...,".,,,,,,,,,,,,,,,,,,, ......-s1lld...N................"...nOl~........ n.Co*x;ts....Prtn. Itl<Itl ::.=.='l.~oJ:=..:J=~~\MMr.....-.=:-r~~~:"oa~~"r.~==r==~~ 'nM;_.___,_.--=--_MiU.....Sf~1UI'tQ5I: I SEIJ..ERCSl NeW..........AQORESS: $EUEIq:s)f'ttONE~ fH) -_(W) I 513. 4. 515. 516. 57. 8. 519, RO. TOTAl.. ftEDUCTlOM AMOUNT DUE SELLER 6011.. CASH AT SETTll!llENT:rO OR fROIIl SELLER 601. amoonldue 1Il 4 502. less ,_ amoml dUe SeIer line 303. CASII FROM B 603, CASll TO 5EUER -141 - ---- o PINTZUK BROWN REALTY GROUP VIA CERTIFIED AND REGULAR US MAIL October 6, 2005 Lynne Kostelac Koste Seven, Inc 323 Somerset Drive Shiremanstown, PA 17011 Lynne Kostelac Koste Seven, Inc 5202 Simpson Ferry Road Unit A Mechanicsburg, PA 17055 RE: NOTICE OF DEFAULT Dear Lynne: Unfortunately this letter shall serve as notice that you Lease Agreement is in a state of Monetary Default. Our records indicate that you owe $5,677.20 in Base Rent and Additional Rent as of the date of this letter. I have attached a ledger of this calculation for your convenience. Failure to make full payment by October 15,2005 will result in the matter being sent to our attorneys who will handle the collection of the amount due using all remedies available in the Lease at your expense~ Please remit payment immediately. ;;!d76 R. Christopher Datz, Director of Asset Management Services 491 Old York Road, Suite 200 . Jenkintown, PA 19046 Office: 215-881-8980 . Fax:: 215-881-8983 . Web: www.pbrginc.com ....----- Ii] PIN1ZUK BROWN REALTY GROUP . April 24, 2006 Koste Seven, Inc. PO Box 3010 Shiremanstown, PA 17011-3010 RE: Outstanding Balance Enclosed is a copy of your ledger to date. Note that there is currently a delinquent balance of $2,091.40. Please send payment in full to resolve this issue. If you have any questions regarding this matter, please contact me at the number or email address found below. Thank you for your immediate attention to this matter. Sincerely, iu~~t~ Tara Malone Property Accountant 215-881-8980 x206 tem@tbrg.net 491 Old York Road, Suite 200 . Jenkintown, PA 19046 Office: 215-881-8980 . Fax: 215-881-8983 . Web: www.pbrginc.com --= ..----: Ii] PINTlUK BROWN REALTY GROUP May 19,2006 Via Certified Mail and Rel!ular Mail Koste Seven, Inc. 323 Somerset Drive Shiremanstown, P A 17011 RE: OUTSTANDING BALANCE According to our records, you have an outstanding balance in the amount of $4091.87 that dates back to November 2005. Please review the copy of your ledger enclosed, and remit payment of $4091.87 in order to rectify the account. Contact me via the number below if you have any questions. Your attention to this matter is l!reatlv appreciated. Sincerely, Tara Malone Property Accountant 215-881-8980 x206 491 Old York Road, Suite 200 . Jenkintown, PA 19046 Office: 215-881-8980 . Fax: 215-881-8983 . Web: www.pbrginc.com 'SeP.21. 2006 12:14PM No.8140 P 2 Ii] PINTZUK BROWN REALTY GROUP VIA CERTIFIED & REGULAR US MAIL July 14, 2006 Lynne Kostelac Koste Seven, Inc. 323 Somerset Drive Shiremanstown, P A 19011 Lynne Kostelac Koste Seven, Inc. 5205 Simpson Ferry Road Unit A Mechanicsburg, P A 17055 RE: NOTICE OF DEFAULT Dear Lynne: This letter shall serve as formal notice of Monetary Default of the Lease agreement dated July 31, 1986 for the Leased Premises known as 5205 East Simpson Ferry Road, Mechanicsburg, P A. The current balance on your account as of the date of this letter is $6302.46. You must immediately make payment on this account or the Landlord will be forced to proceed with its remedies under Article 30 (b) of the Lease Agreement. Please note Article 30 (b) of the Lease Agreement includes acceleration of Rent, dispossession and eviction, termination and legal proceeding for judgments of possession and money damages. If payment in full is not received by this office on or before July 25, 2006 we will turn this matter to our attorneys and proceed with the Landlord's full rights in law and equity at your expense. {t_y~~ /}// ~V;~,/f~Y Asset Manager 491 Old YUIk Road. Suite 200 . Jenkintown. PA 19046 Office: 215-881-8980 . Fax; 215-881-8983 · Web: www.pbrginc.com 'Sep.21. 2006 12:14PM J...tdger No.8140 p 3 Page 1 of I fPMLnagement\ Date l 711112006 Tenant Ledger Code koste Property ce.ast Lease From 10115/1986 Name Koste Seven, Inc. Unit 1 Lease To Address 5205 Simpson Ferry Road Status Current Move In 10/15/1986 Rent 1309 Move Out City St. Zip Mechanicsburg, PA 17050 Phone(O)- (717) 697-5855 Phone(H)- Date Description Charge Payment Balance Chg/Rec 2/28/2006 Late Fee Still Outstanding from 11/18/05 90.93 90.93 58381 3/1/2006 RENT (03/2006) 1,309.00 1,399.93 58636 3/1/2006 CAM (03/2006) 354.05 1,753.98 58637 3/1/2006 Property Tax Pass Thru (03/2006) 113.43 1.867.41 58638 3/112006 InsuranCe Pass Thru (03/2006) 42.13 1.909.54 58639 3/612006 March Late Fees, 5% of $1818,61 90.93 2,000.47 58901 4/1/2006 RENT (04/2006) 1,309.00 3,309.47 59084 4/1/2006 CAM (04/2006) 354.05 3,663.52 59085 4/112006 Property Tax Pass Thru (04/2006) 113.43 3,776.95 59086 4/1/2006 Insurance Pass Thru (04/2006) 42.13 3,819.08 59087 4/6/2006 April Late Fees, 5% of $1818.61 90.93 3,910.01 59347 4/13/2006 chk# 20455 1,818.61 2,091.40 42025 5/1/2006 RENT (05/2006) 1,309.00 3,400.40 5~858 5/1/2006 CAM (05/2006) 354.05 3,754.45 59859 5/1/2006 Property Tax Pass Thru (05/2006) 113.43 3,867.88 59860 5/1/2006 Insurance Pass Thru (05/2006) 42.13 3,910.01 59861 5/6/2006 May Late Fees, 5% of $3637.22 181.86 4,091.87 60122 6/1/2006 RENT (06/2006) 1,309.00 5,400.87 60298 6/1/2006 CAM (06/2006) 354.05 . 5,754.92 60299 6/1/2006 Property Tax Pass Thru (06/2006) 113.43 5,868.35 9-.03_00 6/1/2006 Insurance Pass Thru (06/2006) 42.13 5,910.48 60301 6/6/2006 June Late Fees, 5% of $3637.22 181.86 6,092.34 9J);475 6/8/2006 chk# 20513 1,908.61 4,183.73 42368 7/1/2006 RENT (07/2006) 1,309.00 5,492.73 60651 7/112006 CAM (07/2006) 354.05 5,846.78 60652 7/1/2006 Property Tax Pass Thru (07/2006) 113.43 5,960.21 606.53 7/1/2006 Insurance Pass Thru (07/2006) 42.13 6,002.34 6065'1 )( b()/oJVkt L,c ... ~}o)..tfb https:/ /www.yardiaspla5.com/20220pint7.Uk/reports/Rcsidenc Ledger.a~p?h Tent= 1515&Re... 7/11/2006 . .)8P". 'JO ICI4PM " T._edger ) No.814U p. b Page 2 0[2 7/1/2006 CAM (07/2006) 437.97 9,371.79 60677 7/1/2006 Property Tax Pass Thru (07/2006) 130.00 9,501.79 60678 7/1/2006 Insurance Pass Thru (07/2006) 48.15 9,549.94 60679 x 1004 --- 101 )0(,13 httPs:llwww.yardiaspla5.coml20220pintzuk/reportslRcsident_Ledger.asp'?hTcnt= 1524&Re... 7/11/2006 0 i,A.. s:; ':" U 0\7=- ~ '0) (':) ~~ g 0 (b ..... * "'Q"'O l ~ "0 t7 t7 ~ I~ 0 ~. ~ ~ (p~ ~ f"-.' ~ --;::<", c...:) ..w.:: f0 ~ C:J en C ~" ) ;:o':::,r-n '.-..... '~-----4 '0 :.< FREY,PET~S,DEEB,BLUM & BRIGGS, P .C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road Suite 1 Mechanicsburg, PA 17055 Defendants. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No. 06-6681 (Civil) PRAECIPE TO REINSTATE TO THE PROTHONTARY: Kindly reinstate the Civil Action Complaint in the above-captioned matter. By: Dated: /]//116, . FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. LD. Nos. 65886 91635 Frank G. rphy, Esquire Christina M. Hughes, Esquire 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC {) c ......., ~ o n""'l' n -, , "vi 9? MICHAEL L. BANGS, ESQUIRE J.D. NO. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 HOME ELITE, LTD., INC. and P. R. REAL ESTATE, LCC, Plaintiffs ATTORNEY FOR DEFENDANT KOSTE SEVEN, INC. vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6681 CIVIL TERM KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC, Defendants CIVIL ACTION - LA W PETITION TO STRIKE OFF OR OPEN JUDGMENT AND NOW comes the Defendant, Koste Seven, Inc., and files this Petition to Strike Off or Open Judgment based upon the following: 1. Plaintiffs filed a Complaint for confession of judgment, specifically a judgment for past due rent owed, to the above term and number. 2. The Complaint alleges that Defendant has defaulted on its obligation under the certain lease agreement which is attached to that Complaint by its failure to pay rent in the amount of $3,778.42. 3. The failure to pay rent is the sole basis upon which the monetary judgment is based. 4. The Defendant, Koste Seven, Inc., has not defaulted on the lease in that it has paid all minimum rent and additional rent and is current on that rental payment. 5. Defendant Koste Seven, Inc., has repeatedly contacted the agents for Plaintiffs notifying them that payments are current and asking them to substantiate their claim that past due rent is due. 1 6. The agents for Plaintiffs have failed or refused to respond to Defendant Koste Seven, Inc., and instead proceeded with this Complaint for confession of monetary judgment for past due rent as well as filing a Complaint for confession of judgment seeking possession docketed to the Court of Common Pleas of Cumberland County docketed at No. 06-6682. 7. The Plaintiffs have themselves defaulted on the terms of the lease by their failure to maintain the premises in accordance with the terms of the lease. 8. Defendant Koste Seven, Inc., is engaged in the restaurant business and any attempt to remove it from the premises at this time will have a substantial effect on its ability to continue in business. 9. Defendant Koste Seven, Inc., will suffer irreparable harm if this Court does not grant a stay of the proceedings pending the resolution of this matter since it has operated its business at this location for many years as an established restaurant in the area and cannot operate at any other location at this time. WHEREFORE, Defendant Koste Seven, Inc., requests this Honorable Court to do the following: A. Open or in the alternative strike off the monetary judgment for past due rent entered in this case; B. Stay the proceedings pending a hearing on the matter; and C. Such other relief as the Court deems appropriate. Respectfully submitted, /' 'IVI' f~/'.l ~, . ..< ~IJ~L{./B\<\NG( ((D. No. 41263) Attorney for Defendant Koste Seven, Inc. 429 South 18th Street, Camp Hill, PA 17011 2 VERIFICATION LYNN M. FROMM, being duly sworn according to law, deposes and says that she is the President of Koste Seven, Inc., a Pennsylvania corporation, and that as such officer, she is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. KOSTE SEVEN, INC. ~c7~ ( : - ~-.. . - -;/...-z.,~~ \ / M. FROMM "'.- '-. ... resident 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Petition by depositing a copy of the same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Frey, Petrakis, Deeb, Blum & Briggs 1601 Market Street, Suite 2600 Philadelphia, P A 19103 DA TE:_I- } (fi-D 7 '",.1 4 ,-..-:' :J ,C..' 'n ~~; <- :"t ... c:; . 40 MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 HOME ELITE, LTD., INC. and P. R. REAL ESTATE, LCC, Plaintiffs ) ) ) ) ) ) ) ) ) vs. KOSTE SEVEN, INe. and LAWRENCE 1. KOSTELAC, Defendants , 'I f\l 1 A ?0IJ1- fY' L ~\ ATTORNEY FOR DEFENDANT KOSTE SEVEN, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6681 CIVIL TERM CIVIL ACTION - LA W RULE TO SHOW CAUSE AND NOW this l.. 't~ day of 1~( ,2007, upon review of the Defendant Koste Seven, Inc.' s Petition, a Rule is issued upon Plaintiffs to show what cause it has, if any, why the relief requested by Defendant Koste Seven, Inc., should not be granted. SAID RULE is returnable z. () days from service upon Plaintiffs' counsel by first class mail. PENDING resolution of the matters raised in this Petition, all proceedings in regard to execution on the monetary judgment are STAYED. BY THE COURT, /11 J. tti ~ ~\. \t\ .... ... ~ "P lJ4? 68 :8 Pd {12 rfsr H10l A." "~I' '''''', "j ~'11 ,~ . ?-~~ 1 (\':' )....1 ~ r ;;.... -'" -1f I '>0.<: V ..J.,....'j ~'-' \ !~,.'.."}\_l -il .....U 3~)U :'(}{j31!:J " ; FREY,PET~S,DEEB,BLUM & BRIGGS, P .C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road, Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. 06-6681 (Civil) PLAINTIFFS' ANSWER TO DEFENDANT, KOSTE SEVEN, INC.'S PETITION TO STRIKE OFF OR OPEN JUDGMENT Plaintiffs, Home Elite, Ltd., Inc. and P.R. Real Estate, LLC, (hereinafter "Plaintiffs"), by and through their undersigned counsel, hereby submit their Answer to the Petition to Strike Off or Open Judgment filed by Defendant, Koste Seven, Inc., (hereinafter "Defendant") as follows: 1. Denied. The Complaint speaks for itself and, as such, no responsive pleading is required. To the extent a response is required, it is denied that the Complaint for confession of judgment was for past due rent owed. Rather, the Complaint for confession of judgment was for past rent owed and attorneys' fees. 2. Denied. The Complaint speaks for itself and, as such, no responsive pleading is required. To the extent a response is required, the Complaint alleges that Defendant defaulted on its obligations under the Lease, Amendment of Lease, and Estoppel Letter by virtue of its failure to pay Plaintiffs minimum rent and Additional '. Rent in the amount of $3,778.42. The Complaint provides a specific enumeration of the accumulation of the amount due and owing as of November 10,2006 which is as follows: Descriotion Amount Owed Late Fee Still Outstanding from 11/18/05 Pre-Paid 3/06 rent in 2/06 Pre- Paid 3/06 rent in 2/06 ck #20369 Pre-Paid 3/06 rent in 2/06 ck#20369 Pre- Paid 3/06 rent in 2/06 ck#20369 Rent (3/2006) CAM (3/2006) Property Taxes Pass Thru (3/2006) Insurance Pass Thru (3/2006) March Late Fees, 5% of$1,818.61 Waived 3/061ate fee prepaid ck#20369 Rent (4/2006) CAM (4/2006) Property Taxes Pass Thru (4/2006) Insurance Pass Thru (4/2006) April Late Fees, 5% of$1,818.61 Check #20455 Rent (5/2006) CAM (5/2006) Property Taxes Pass Thru (5/2006) Insurance Pass Thru (5/2006) May Late Fees, 5% of $3,637.22 Rent (6/2006) CAM (6/2006) Property Taxes Pass Thru (6/2006) Insurance Pass Thru (6/2006) June Late Fees, 5% of $3,637.22 Check # 20513 Rent (7/2006) CAM (7 / 2006) Property Taxes Pass Thru (7 / 2006) Insurance Pass Thru (7/2006) July Late Fees, 5% of $3,637.22 Check #20574 Rent (8/2006) CAM (8/2006) Property Taxes Pass Thru (8/2006) Insurance Pass Thru (8/2006) August Late Fees, 5% of $5,455.83 Check #20628 Rent (9/2006) CAM (9/2006) $90.93 -$1,309.00 -$354.05 -$113.43 -$42.13 $1,309.00 $354.05 $113.43 $42.13 $90.93 -$90.93 $1,309.00 $354.05 $113.43 $42.13 $90.93 -$1,818.61 $1,309.00 $354.05 $113.43 $42.13 $181.86 $1,309.00 $354.05 $113.43 $42.13 $181.86 -$1,908.61 $1,309.00 $354.05 $113.43 $42.13 $181.86 -$1,908.61 $1,309.00 $354.05 $113.43 $42.13 $272.79 -$1,908.00 $1,309.00 $354.05 2 TOTAL: $113.43 $42.13 $272.79 -$1,908.00 -$959.69 -$75.25 $93.42 $1,335.00 $354.05 $113.43 $42.13 $178.69 $1,335.00 $354.05 $113.43 $42.13 $119.18 -$2,000.00 $3,778.42 Property Taxes Pass Thru (9/2006) Insurance Pass Thru (9/2006) September Late Fees, 5% of $5,455.83 Check # 20659 Y /E 2005 CAM Reconciliation Credit Y / E 2005 Insurance Reconciliation Credit Y /E 2005 RE Tax Reconciliation Charge RENT (10/2006) CAM (10/2006) Property Tax Pass Thru (10/2006) Insurance Pass Thru (10/2006) October Late Fees, 5% of $3,573.83 RENT (11/2006) CAM (11/2006) Property Tax Pass Thru (11/2006) Insurance Pass Thru (11/2006) November Late Fees, 5% of $2,383.50 Check #20723 3. Denied. This allegation is a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is denied that the failure to pay rent is the sole basis upon which the monetary judgment is based. By way of further answer, Defendant defaulted on its obligations under the Lease, Amendment of Lease, and Estoppel Letter and is in breach of same. 4. Denied. It is specifically denied that Defendant has not defaulted on the lease, that it has paid all minimum rent and additional rent, and that is it current on rental payments. By way of further answer, Defendant defaulted on its obligations under the Lease, Amendment of Lease, and Estoppel Letter by virtue of its failure to pay Plaintiffs minimum rent and Additional Rent in the amount of $3,778.42. 5. Admitted in part. Denied in part. It is admitted that a representative from Plaintiffs and a representative from Defendant have communicated. It is denied that Defendant's representative has notified Plaintiffs that all payments are current and has asked Defendant to substantiate Plaintiffs' claim. 3 6. Denied. It is specifically denied that agents for Plaintiffs have failed or refused to respond to Defendant other than through filing a Complaint. 7. Denied. It is specifically denied that Plaintiffs are in breach of any contract, agreement, and/ or lease. It is also specifically denied that Plaintiffs have failed to maintain the premises in accordance with the terms of the Lease, Amendment of Lease, and/ or Estoppel Letter. 8. Denied. This allegation is denied as a conclusion of claw to which no responsive pleading is required. To the extent a response is required, after reasonable investigation, Plaintiffs are without knowledge as to the ability of Defendant to continue "in business." 9. Denied. This allegation is denied as a conclusion of claw to which no responsive pleading is required. To the extent a response is required, it is specifically denied that Defendant will suffer irreparable harm if this Honorable Court does not stay the instant proceedings. By way of further answer, after reasonable investigation, Plaintiffs are without knowledge as to Defendant's reputation in the area and whether or not Defendant can operate at another location. WHEREFORE, Plaintiffs, Home Elite, Ltd., Inc. and P.R. Real Estate, LLC, respectfully request that this Honorable Court deny Defendant's Petition to Strike Off or Open Judgment and allow the Judgment to stand as is. By: Fr G. Murphy, squire (ID No. 65886) Christina M. Hughes, Esquire (ID No. 91635) 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC Dated: ~j,,/c/7 , .. 4 VERIFICATION I, Frank G. Murphy, Esquire, hereby state that I am authorized to make this Verification pursuant to Pa.R.Civ.P. 1024(c) as a representative of Plaintiffs. Plaintiffs are outside the jurisdiction of the Court and a verification cannot be obtained within the time allowed for filing this pleading. I further state that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties relating to unsworn falsification to authorities. Dated: February lA, 2007 . , . .. FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P .C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886; 91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW v. KOSTE SEVEN, INC. and LAWRENCE L. KOSTELAC 5205 Simpson Ferry Road, Suite 1 Mechanicsburg, PA 17055 Defendants. Docket No. 06-6681 (Civil) CERTIFICATE OF SERVICE I, Frank G. Murphy, Esquire, hereby certify that, on February \'}, 2007, I caused a copy of the within Answer to Petition to Strike Off or Open Judgment to be served, via first class mail, postage pre-paid, upon the following parties: Michael L. Bangs, Esquire Bangs Law Office 429 South 18th Street Camp Hill, PA 17011 g -? ~ ,~w: -:1", :1" ~f--'~ ,.r:..,...,'\....., {.p.J-.. =< ,', ~C; 'p~, Z"-:, _.c ":l> .'- ,;JI (,...._ -7 ~ g -..A ...., f""\ CO W ~ - - .. ~ ~~ -00 ~,~ ~,~.....~ ~4-~' ~:- . o ~ ~ o \.0 ~ SHERIFF'S RETURN - REGULAR " ... CASE NO: 2006-06681 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOME ELITE LTD INC ET AL VS SEVEN KOSTE INC ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff f - - ... Cumberland County, Pennsylvania, who being duly sworn acco ing to law, says, the within 236 NOTICE was served upo KOSTE SEVEN INC DEFENDANT , at 1355:00 HOURS, on the 2nd day of Jan r at 5205 SIMPSON FERRY RD SUITE 1 MECHANICSBURG, PA 17055 by handing to LAWRENCE KOSTELAC, MANAGER, ADULT IN CHARGE the .~ 2007 a true and attested copy of 236 NOTICE tog her with - COMPLAINT FOR CONFESSION OF JUDGMENT OF MONEY, REINSTATED and at the same time directing His attention to the conte s thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.56 .~~d Postage .78 Surcharge 10.00 R. Thomas Kline .00 J II~/() 1 rr ..,/39.34 01/03/2007 PETRAKIS DEEV BLUM BRIGGS Sworn and Subscibed to By: before me this day of A.D. '- .. - . ~ SHERIFF'S RETURN - REGULAR ~'w CASE NO: 2006-06681 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOME ELITE LTD INC ET AL VS SEVEN KOSTE INC ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff f Cumberland County, Pennsylvania, who being duly sworn acco ing to law, says, the within 236 NOTICE KOSTELAC LAWRENCE L was served upo - - the DEFENDANT , at 1355:00 HOURS, on the 2nd day of Jan r , 2007 at 5205 SIMPSON FERRY RD MECHANICSBURG, PA 17055 SUITE 1 LAWRENCE KOSTELAC, GRANDSON OF DEFENDANT (DIED IN 2004) by handing to tog her with .... a true and attested copy of 236 NOTICE COMPLAINT FOR CONFESSION OF JUDGMENT OF MONEY, REINSTATED and at the same time directing His attention to the conte s thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 ./ 16.00 ilN If) J q., Sworn and Subscibed to before me this day of So An;;~~ R. Thomas Kline 01/03/2007 PETRAKIS DEEV BLUM BRIGGS By: A.D. - ... ~ ... ..