HomeMy WebLinkAbout07-0158Johnson, Duffie, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
Elizabeth D. Snover
I.D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
RON MOYER SERVICE CENTER, INC.,
Plaintiff
V.
MARK E. COLLARE and
LORI L. COLLARE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. C )l TERM
ARBITRATION
NOTICE TO DEFEND
To the Defendants:
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the Court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
Telephone number (717)-249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA
PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-00158 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MOYER RON SERVICE CENTER INC
VS
COLLARE MARK E ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
COLLARE MARK E
but was unable to locate Him
deputized the sheriff of YORK
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On January 26th , 2007 , t
attached return from YORK
s office was in receipt of the
Sheriff's Costs: So answers-
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep York County 35.82 Sheriff of Cumberland County
Postage 4.23
77.05 v-1 l 3 b l
01/26/2007
JOHNSON DUFFIE STEWART WEIDNER
Sworn and subscribe to before me
this day of
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-00158 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MOYER RON SERVICE CENTER INC
VS
COLLARE MARK E ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
COLLARE LORI L
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of YORK County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On January 26th , 2007 , this office was in receipt of the
attached return from YORK
Sheriff's Costs: So answer
Docketing 6.00
Out of County .00
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00 : 010 7-
01/26/2007
JOHNSON DUFFIE STEWART WEIDNER
Sworn and subscribe to before me
this day of
A. D.
1 OF 2
COUNTY OF YORK
OFFICE OF THE SHERIFF S(717) 7719601E
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE 911$TiCT10M
PROCESS RECEIPT and AFFIDAVIT OF RETURN LA'S TYPE Old : yf LJ W I THRU 12
00 NOT DETACH ANY COPS$
1. PLAINTIFF/s/ 2 C("T NUMBER,
Ron Moyer Service Center Inc U-- 11?tS civil
4. TYPE OF WRIT OR COMPLAINT C I C A
3. DEFENDANT/S/
Mark E. Collare et al Notice and Complaint
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD
Mark E. Collare
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO.. CITY, BORO• TWP. STATE AND ZIP CODE)
AT 6793 Moul Road Thanasville, PA 17364
7. INDICATE SERVICE: U PERSONAL U PERSON IN CHARGE JI(DEPUTIZE 6t& T. %}? , U 1ST CLASS MAIL U POSTED U OTHER
CLi?Rl3?
NOW January 12 2007 I, SHERIFF OF'?E COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute this W mice return they cording
to law. This deputization being made at the request and risk of the plaintiff. J
SHERIFF O O NTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITINt "VIW COUNTY Ctuttberland
ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF
Please mail return of service to Cumberland County Sheriff. Thank you.
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before shentrs sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE DAVID W. D E L U C E 10. TELEPHONE NUMBER 11. DATE FILED
301 MARKET STREET, PO BOX 109, LEMOYNE, PA 17043-0109 717-761.-4540 1/9/2007
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND CO SHERIFF
SPACE KLOW FOR M OF THE s F - 00 t40T VJWM 8MOW TM 1JW
11 1 acknowledge receipt of the writ
14. DATE RECEIVED 15. Expiration/Hearing Date
or complaint as indicated above. M J M C G I L L Y C S O 11/1.6/2007 12/8/2007
16. HOW SERVED: PERSONAL ( RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE OTHER ( ) SEE REMARKS BELOW
17. U I hereby certify and return a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.)
18. LE IN UAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 199.. Date of Service 20. Time of Service
21. ATTE S Miles In to T' a Miles In Date Time Miles Int. Date Tune Miles Int. Date Time Miles Int. Dale Time Miles Int.
22. REMARKS: .?, P 144
23. Advance Costs 24 service Costs N/F
25 2
leage 127. Postage 28. Sub Total 29. Pound 30 Notary 31 Surchg. 32 Td Cost,
X100.00 cl ' ,
34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 31 Mileage/PostagelNot Found 39. Total Costs
41. AFFIRMED -23rd A14S S
42. day of . 20
M7 44. Signature of
p. Sheriff
?--
LISA L. BOW
7! TARY 46. Signature of York
C
CITY OF Y,
MYCOMMISSIO,N EXPIRES County Sheriff
WILLIAM M eOS, SHERIFF ..
2009
48. Signature of Forego
33 Costs t>ve stand Check No.
C{j?"j Its 40. Due or Refund
45. DA/?, a --
DATE
49 DATE
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COUNTY OF YORK 2 OF 2
OFFICE OF THE SHERIFF
45 N. GEORGE ST., YORK, PA 17401
Ron Moyer Service Center
SHERIFF SERVICE '1
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEiM- TYPE O*&Y L W 1 TIM 12
DO err oFrAM AM CAS
1. PLAINTIFF/SI
3. DEFENDANTISI
Mark E. Collare et al
2. COURT NUMBER
SERVICE CALL.
(717) 771-9601
4. TYPE OF WRIT OR COMPLAINT
Notice Calm . Complaint
SERVE PIAMC Vr In UIVIUUAL, L.VMrArvT, L.VICr VRA 11V1V, r- 1I'. IV JCRVC VR UCJL,r%Ir I IVIV VF r1\VrC1l1 r IV OC LCVILLJ, ^I IM FIVV, Vn JVLU
Lori L. Collare
6. ADDRESS (STREET OR RFO %NITH BOX NUMBER, APT NO., CITY. BORO, TWP, STATE AND ZIP CODE)
AT 6793 Mouli-Road. Thomasville, PA 17364
7. INDICATE SERVICE ? PERSONAL p PERSON IN CHARGE DEPUTIZE ' C RT. IL U 1ST CLASS MAIL U POSTED U OTHER
NOW January 12 20 07 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute this a return the
cording
! %. O-
to law. This deputization being made at the request and risk of the plaintiff.,
SHERIFF OF IMWOUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIthJT OF COUNTY r
ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF
Please mail return of service to Cmberland County Sheriff. Thank you.
NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE DAVID W. D E L U C E 10. TELEPHONE NUMBER 11. DATE FILED
301 MARKET STREET PO BOX 109, LEMOYNF, PA 17043-0109 1717-761-4540 1-9-2007
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND CO SHERIFF
SPA BELOW FOR USE OF THE SH115111IFF - DO NOT VMM !WLOW TM
Expiration/Hearing Date
13. 1 aduw*Aedge receipt of the writ 14. DATE RECEIVED F2/8/2007
or complaint as indicated above. M J M C G I L L Y C S O 1-16-20.01 16. HOW SERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW
17. . 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.)
18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119. Date of Service 120. Time of Service
21. ATTEMPTS D`,? { Miles I Int._ I Date Time Miles I Int. I Date Time Miles I Int. Date I Tine I Miles I Int. I Date I Time I Miles I Int. I Date Time I Miles I Int.
22. REMARKS: I2,(fpPr1
d',,L? ?" dAk,q) pk<-
nO FUA 4ZUAa4
23. Advance Costs 24. Service Costs 25 N/F 26 Mileage 27. Postage 28. Sub Total 29. Pound J 30 Notary 31. Surchg. 32 Tot. Costs 33 Cosls Due or Refund Check No
34. Foreign County Costs 35. Advance Costs 36 Service Costs 137, Notary Cert. 38. Mileage/PostageffHot Found 39 Total Costs 40 Costs Due or Refund
41. AFFIRMED artd the
42. day of 2 3rd
t4OTARIAL / NOTARY
7LISA L. BO'NMAN, NOTARY PUBLIC
CITY OF YC-4:,- YORK COUNTY
OMMISSI"N ExP Rc'S AU . 12, 2009
ANSWERS
Signature of 45. DATE
p. Sheriff
46. Signature of York DATE
County Sheriff
WILLIAM M. HOSE SHERIFF 1-23-07
48. Signature of Foreign 49 DATE 1-010, Cnunly Shenff
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COMPLAINT
1. The Plaintiff, Ron Moyer Service Center, Inc, ( "Landlord") is a Pennsylvania
corporation having an office at 1719 Locust Street, New Cumberland, Cumberland County,
Pennsylvania 17070
2. The Defendant Mark E. Collare is an adult individual with a last known residence and
a place of business at 6793 Moul Road, Thomasville, Pennsylvania 17364.
3. The Defendant Lori L. Collare is an adult individual with a last known residence and
Johnson, Duffie, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
Elizabeth D. Snover
I.D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
RON MOYER SERVICE CENTER, INC., IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V NO. Q'1-l_ CIVIL TERM
ARBITRATION
MARK E. COLLARE and
LORI L. COLLARE,
Defendants
place of business at 6793 Moul Road, Thomasville, Pennsylvania 17364.
4. M.L. Collare, Inc., ("Tenant") is a Pennsylvania professional corporation having an
office at 6793 Moul Road, Thomasville, Pennsylvania 17364.
5. This action arises out of a lease that was entered into between Landlord and Tenant
on June 3, 2004 for the property located at 1 Commercial Drive, Camp Hill, Cumberland County,
Pennsylvania 17110. ("2004 Lease") A true and correct copy of the 2004 Lease is attached and
incorporated herein as Exhibit "A".
6. The 2004 Lease provides that M.L. Collare ("Tenant") was obligated to pay an annual
base rent of Nineteen Thousand Eight Hundred Dollars ($19,800.00) in equal monthly installments
of One Thousand Six Hundred and Fifty Dollars ($1,650.00) for the two years of the lease (from
June 1, 2004 through June 6, 2006) paid in advance on or before the first day of each month. See,
Exhibit A ¶ 3B.
7. The 2004 Lease further provided that for the third and fourth year of the lease term
(June 1, 2006 through June 1, 2008) that the annual base rent would be Twenty One Thousand
Six Hundred Dollars $21,600.00 paid in equal monthly installments of One Thousand Eight
Hundred Dollars ($1,800.00). See, Exhibit A ¶ 3B.
8. Besides the annual base rent, Tenant was obligated under the 2004 Lease to pay all
utilities (including sewer) to the leased premises. See, Exhibit A ¶ 3C(1).
9. Tenant was also obligated pursuant to the 2004 Lease to pay real estate taxes in
excess of the county, town and school taxes for the leased premises. See, Exhibit A ¶ 3C(3).
10. Tenant was further obligated pursuant to the 2004 Lease to pay a security deposit of
Three Thousand Three Hundred Dollars ($3,300.00). See, Exhibit A ¶ 3D.
11. Tenant was also obligated pursuant to the 2004 Lease to pay a late charge of ten
percent (10%) on all monthly installments of rent or any other payments due to the Landlord not
paid within ten (10) calendar days after its due date. See, Exhibit A ¶ 3E.
12. Tenant was also obligated pursuant to the 2004 Lease to pay an additional charge of
one and one-half percent (1.5%) on any monthly payments not paid by the twentieth (20th) calendar
day of each month. See, Exhibit A ¶ 3E
13. Furthermore, said additional charge of one-half percent (1.5%) shall be imposed as of
the twentieth (20th) calendar day of each additional month that the monthly installment is not paid.
See Exhibit A ¶ 3E.
14. Paragraph 4B required the Tenant to "at his sole cost and expense: maintain and
repair the entire leased premises, both structural and non-structural and exterior and
interior... promptly repair all damage to the leased premises caused by the Tenant, its employees,
agents, customers, guests contractors or invitees.
15. Annexed and incorporated into the 2004 Lease was a Guaranty of Lease (
"Guaranty") executed on June 2, 2004 by the Defendants Mark E. Collare and Lori L. Collare
wherein they agreed, among other things, to guarantee to Landlord "the prompt and timely
payment of all amounts due to the Landlord from Tenant (M.L. Collare, Inc.) pursuant to the terms
of the lease... and the prompt and timely performance of all other obligations of Tenant under the
lease..." A true and correct copy of the Guaranty of Lease is attached and incorporated herein as
Exhibit "B".
16. The Defendants also agreed in the Guaranty to pay all reasonable costs, expenses
and damages, including reasonable attorneys fees and expenses which arise as a result of a
default under the 2004 Lease. See, Exhibit B ¶ 1(c).
17. The Defendants further agreed in the Guaranty to waive their right to a jury trial in any
action or proceeding instituted by the Landlord. See, Exhibit B ¶ 2(b).
18. On or about September 2005, Mark Collare met with Ronald and Georgianna Moyer
of Ron Moyer Service Center, Inc. (Landlord) and proposed that the 2004 Lease be amended so
that he would be absolved of monthly rental payments from October 2005 through March 2006 in
exchanged for an increased rental payment of Two Thousand Two Hundred Dollars ($2,200.00)
from April 2006 through September 2006.
19. At that time of this proposal, Tenant was delinquent on two monthly rental payments
for July and August 2005 and payment of those installments was not waived by the Landlord in
negotiating the Lease Addendum.
20. The Lease Addendum was executed on October 21, 2005 and no where therein does
the Landlord waive Tenant's obligation to pay the July and August 2005 rental payments with
applicable late and additional charges. A true and correct copy of the 2005 Lease Addendum is
attached and incorporated herein as Exhibit "C".
21. On or about September 2005, the 2004 Lease and Addendum were terminated by
verbal agreement of both Landlord and Tenant.
22. However, Tenant remains delinquent on payments to the Landlord in accordance with
the 2004 Lease and 2005 Addendum for a total of $10,302.73 which can be itemized as follows:
Missed Monthly Rental Installments per the 2004 Lease and 2005 Lease Addendum:
July 2005 $1,650.00
August 2005 $1,650.00
August 2006 $2,200.00
September 2006 $2,200.00
TOTAL: $7,700.00
Late Charges 10% of payment per the 2004 Lease:
July 2005 $ 165.00
August 2005 $ 165.00
May 2006 $ 220.00
June 2006 $ 220.00
July 2006 $ 220.00
August 2006 $ 220.00
September 2006 $ 220.00
TOTAL: $1,430.00
Interest as set forth in paragraph 3E of the 2004 Lease through January 8, 2007:
July 2005 ($24.75/mo. for 17 months, 19 days)
August 2005 ($24.75/mo. for 16 months, 19 days)
June 2006 ($33.00/ mo. at $1.10/day for 16 days)
July 2006 ($33.00/ mo. at $1.10/day for 28 days)
Aug. 2006 ($33.00/ mo. for 4 months, 19 days)
Sept. 2006 ($33.00/mo for 3 months 19 days)
TOTAL: $1,
$ 436.14 (based on $1,650.00)
$ 411.39(based on $1,650.00)
$ 17.60 (based on $2,200.00)
$ 30.80 (based on $2,200.00)
$ 156.90 (based on $2,200.00)
$ 119.90 (based on $2,200.00'
172.73
Missed Payments: $7,700.00
Late Charges: $1,430.00
Interest Charges: $1,172.73
TOTAL: $10,302.73
23. The Three Thousand Three Hundred Dollar ($3,300.00) security deposit has been allocated
towards expenses as follows:
Kreamer Glass $140.29
Susquehanna Valley Tree $ 750.00
Removal of paint from Restroom floor $ 69.50
Sewer bill - Lower Allen Twp $ 87.92
Remaining balance in account: $2,252.29
24. While pursuant to the lease the remaining balance of the security deposit can be
used to offset the rent, late charges and interest; Landlord reserves the right under the lease to
use the security deposit for as of yet realized repairs and delinquent bills which may come in before
the time of trial and were the Tenant's obligation under the 2004 Lease.
25. The Defendants are obligated to pay these delinquent sums plus court costs and
attomeys' fees pursuant to the Guaranty of Lease.
COUNTI
RON MOYER SERVICE CENTER, INC. v. MARK E. COLLARS AND LORI L. COLLARS
Breach of Guaranty Agreement
26. Plaintiff incorporates the averments of Paragraphs 1 and 25 above as if fully set forth
herein.
27. Pursuant to the Guaranty of Lease the Defendants are obligated to make prompt and
timely payments of all amounts due to the Landlord and to make prompt and timely performance of
all obligations of the Tenant pursuant to the Lease.
28. Currently, the Tenant is in default pursuant to the 2004 Lease and the 2005 Lease
Addendum for a total of Ten Thousand Three Hundred Two Dollars and seventy-three cents
($10,302.73) which is also the obligation of the Defendants.
29. Plaintiff Landlord has demanded the aforesaid sums from Defendants but the
Defendants have refused and neglected and continues to refuse and neglect to pay the same or
any part thereof.
30. Plaintiff Landlord have acknowledged a remaining balance of Two Thousand Two
Hundred Fifty-Two Dollars and twenty-nine cents ($2,252.29) on Tenant's security deposit which
may be used to off-set the obligations of the Tenant and the Defendants.
31. However, Plaintiff Landlord reserves the right to use said security deposit to fulfill
other obligations of the Tenant pursuant to the 2004 Lease.
WHEREFORE, Plaintiff demands judgment against Defendant of at least Eight Thousand
Fifty Dollars and forty-four cents ($8,050.44) plus the additional charge of one and one-half
percent (1.5%) per month after January 8, 2006, which the Plaintiff is entitled to pursuant to the
Lease, together with all attorney's fees spent in connection with this collection matter which will be
determined at the time of trial, plus costs and interest all pursuant to the 2004 Lease Agreement
and Guaranty.
JOHNSON, DUFFIE, STEWART & WEIDNER
Date: 0l-0-D'7
By:
Elizab D. Snover
David W. DeLuce
VERIFICATION
I, Ronald L. Moyer, President of Ron Moyer Service Center, Inc., verify that I am authorized to
make the statements herein and that the statements made in the foregoing Complaint are true and
correct to the best of my knowledge, information and belief. I understand that false statements made
herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
L. Moyer
Dated: 01-6 8-D 7
?KG?,d?+ A
COMMERCIAL LEASE
THIS COMMERCIAL LEASE, made this L? day of , 2004, by and between RON MOYER
SERVICE CENTER, INC., a Pennsylvania corporation, having an office at 1719 Locust Street, New
Cumberland, PA 17070, hereinafter referred to as "Landlord", and ML COLLARE, INC., a Pennsylvania
corporation having an office at 5542 Bentz Road, Spring Grove, PA 17362, hereinafter called "Tenant."
WITNESSETH
WHEREAS, Landlord is the owner of an improved parcel of real estate situated in Lower Allen
Township, Cumberland County, Pennsylvania, on which is located a one (1) story structure; and
WHEREAS, Tenant desires to lease from Landlord and Landlord desires to let to Tenant, Landlord's
property, upon the terms and conditions set forth below; and
WHEREAS, Landlord and Tenant desire to confirm their understanding in writing.
NOW, THEREFORE, for good and valuable consideration, receipt of which they acknowledge, the
parties hereto, intending to be legally bound, have agreed as follows:
1. Leased Premises. The premises hereby demised (hereinafter called the "Leased Premises")
is the property located at and known as 1 Commercial Drive, Camp Hill, Pennsylvania (the "Property") and the
structure thereon (the "Building").
2. Term. The term of this Lease (`Term") shall commence on June 1, 2004 ("Commencement
Date"), and shall continue for a period of ten (10) years thereafter, expiring on May 31, 2014, unless sooner
terminated as provided herein.
3. Rent; Additional Rent; Effective Date; Security Deposit; -and Late Charge.
A. Effective Date. Rent, which shall mean and include Additional Rent, shall be paid
effective as of the Commencement Date.
B. Annual Base Rent. A "lease year' shall be the period commencing on the
Commencement Date and ending one (1) year thereafter during the Term. The annual base Rent
payable by Tenant to Landlord for the Leased Premises during each lease year of the Term shall be as
follows:
Lease Year Annual Base Rent Monthly Installment
1 $19,800.00 $1,650.00
2* $19,800.00 $1,650.00
3 $21,600.00 $1,800.00
4 $21,600.00 $1,800.00
5 $23,400.00 $1,950.00
6 $23,400.00 $1,950.00
7 $23,400.00 $1,950.00
8 $23,400.00 $1,950.00
9 $23,400.00 $1,950.00
10 $23,400.00 $1,950.00
* Subject to adjustment. See section 3.C.(2) below.
Tenant shall pay the annual base Rent in equal consecutive monthly installments as set forth
above, in advance, on or before the first day of each month, commencing as of the Commencement
Date. Each monthly installment of Rent shall be paid to Landlord or Landlord's duly authorized agent
or representative. Tenant shall pay such annual base Rent, together with all Additional Rent (as
hereinafter defined), without demand and without abatement, deduction or setoff.
C. Additional Rent. In addition to the annual base Rent, as set forth above, Tenant shall
also pay additional rent ("Additional Rent") as follows:
(1) Utilities. Tenant shall pay for: (1) all electricity consumed in the Leased
Premises, including but not limited to electricity for healing, cooling and refrigeration; (ii) all
other heating and cooling of the premises; (iii) all water delivered to the Leased Premises; (iv)
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all sanitary sewer services provided to the Leased Premises. Electricity, heating, cooling, water
and sewer may hereafter be referred to as "Utilities." Tenant shall arrange to have all Utilities
billed directly to Tenant, Tenant shall pay the same when due, and shall furnish Landlord with
reasonable proof of such payments. If bills for any Utilities are sent to the Landlord, Tenant will
pay the same within ten (10) days after receipt.
(2) Additional Payment. If during the second lease year, Tenant's gross revenue
from its business in the Leased Premises equals or exceeds $170,000.00, then on or before
thirty (30) days after the end of the second lease year, Tenant will also pay to Landlord
$1,800.00 as Additional Rent.
(3) Real Estate Taxes.
(a) As used in this Agreement: "Real Estate Taxes" shall mean all real
estate taxes, assessments, special assessments and the like, payable in respect of the
Property, the Building and the Leased Premises, imposed by any governmental body or
authority; "Base Real Estate Taxes" shall mean the county and town real estate taxes
imposed on the Leased Premises for the period from January 1, 2004 through
December 31, 2004, and the school taxes imposed on the Leased Premises for the
period from June 1, 2003 through June 30, 2004. The total amount of Base Real Estate
Taxes is $3,060.84
(b) Commencing on January 1, 2005, Tenant shall pay to Landlord all Real
Estate Taxes in excess of the Base Real Estate Taxes within ten (10) days after receipt
of copies of bills for the same.
D. Security Deposit. Tenant shall, upon the execution of this Lease, pay to Landlord a
security deposit for Tenant's full and faithful performance of its obligations under this Lease in the
amount of Three Thousand Three Hundred ($3,300.00) Dollars. The security deposit will be held by
Landlord in a non-interest bearing account. If Tenant does not default with respect to any of
Tenant's obligations under the terms and conditions of this Lease, Landlord shall refund said security
deposit upon the expiration of the Term. Landlord may, but shall not be required, to use all or a
portion of the security deposit to make any payment due from Tenant under this Lease or to cure
any other default of Tenant. After each such application, Tenant will deposit with Landlord the
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amount applied immediately after notice from the Landlord of the nature and amount of the
application.
Upon the expiration or sooner termination of the Lease, Landlord may use and apply
the security deposit for payment of Rent or to pay for any damages caused to the Leased Premises
in connection with Tenant' s use or occupancy of the Leased Premises or in connection with
Tenant's removal of any Tenant's property from the Leased Premises
If Landlord transfers its interest in the Lease, Landlord may do either of the following:
(1) Return the security deposit to Tenant minus any deductions made under the
terms herein and not replaced by Tenant; or
(2) Transfer the deposit minus any deductions provided for herein and not replaced
by Tenant, to Landlord's successor in interest. In the event that Landlord transfers all or any
portion of the deposit under this Paragraph, on transfer Landlord will be relieved of all rights and
obligations with regard to the deposit, and all of these rights and obligations will accrue to the
transferee. Landlord must give Tenant notice of any such transfer, including the name and
address of the transferee and the amount transferred.
E. Late Charge. If any monthly installment of Rent, Additional Rent or any other payment
due hereunder is not paid within ten (10) calendar days after its due date, a late charge shall be
imposed of an additional ten (10%) percent on all sums so overdue.
In the event that said monthly installment of Rent is not paid by the twentieth (20th) calendar day
of said month then, in that event, an additional charge in the amount of one and one-half (1 1/2%)
percent shall be imposed on the monthly installment not so paid and said additional charge (1 1/2%)
shall be imposed as of the twentieth (20th) calendar day of each additional month that the monthly
installment is not paid.
The provision for such late charge shall not be construed to permit Tenant to make any
payment after its due date, obligate Landlord to accept any overdue installment or payment or affect
Landlord's rights and remedies for Tenant's defaults under this Lease.
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F. Survival of Tenant's Obligation to Pay Rent. Tenant's obligation to pay annual base
Rent due and payable under the terms of this Lease shall survive the expiration or sooner termination
of this Lease.
4. Systems. Maintenance and Repairs.
A. Landlord warrants that the electrical, plumbing and heating systems in the Leased
Premises will be in good working order on the Commencement Date Tenant will thereafter repair,
replace and maintain the same in good working order at Tenant's sole cost and expense. Tenant
acknowledges that Landlord is not providing any hot water or heater for the same and that Tenant shall
be solely responsible for the same.
B. Tenant shall, at its sole cost and expense: maintain and repair the entire Leased Premises,
both structural and non-structural and exterior and interior, except as provided in the following
sentence; keep all of the same and all adjoining sidewalks, driveways and curbs, clean, neat, free of
vermin, ice, snow and debris; remove all trash from the Leased Premises; and shall promptly repair all
damage to the Leased Premises caused or allowed by Tenant, its employees, agents, customers,
guests, contractors, or invitees. Landlord shall be responsible for restoring structural damage to the
Building, including its roof, which was not caused or allowed by Tenant (including but not limited to
Tenant's failure to properly maintain the Building), or by its employees, agents, customers, guests,
contractors, or invitees.
5. Alterations and Improvements.
A. Definition. "Alterations" shall mean alterations, additions, substitutions, installations,
changes and improvements concerning the Leased Premises.
B. Alterations. Tenant is leasing the Leased Premises "as is". Tenant shall not make
Alterations to the Leased Premises except for non-structural interior alterations to the Leased
Premises that do not adversely affect the Building's appearance or structural strength without
Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. To
obtain Landlord's consent, Tenant shall provide Landlord reasonably detailed plans and specifications
for Alterations. If Landlord shall reasonably require the advice of any other party, concerning its
-5-
consent, including but not limited to engineers, environmental consultants or attorneys, Tenant shall
pay Landlord's actual costs of the same. Tenant shall have the right to select the contractors for such
Alterations and improvements, subject to Landlord's approval, which approval shall not be
unreasonably withheld or delayed. Landlord shall have the right to obtain assurances from Tenant that
said Alterations shall be completed and performed in a good and workmanlike manner, and that no
mechanics' lien or other lien shall be entered against the Leased Premises.
C. Payment and Ownership of the Alterations. Alterations and improvements made by
Tenant shall be at Tenant's sole cost and expense. The Alterations shall belong to Landlord upon the
expiration or termination of this Lease except that Landlord shall have the right, at Landlord's option, to
require Tenant to remove any such Alteration at Tenant's expense and Tenant shall be required to
repair any damage to the Leased Premises caused by the removal of said Alterations. Notwithstanding
the foregoing, Tenant may remove its trade fixtures, furniture, equipment and all personal property if
Tenant promptly repairs any damage to the Leased Premises caused by removal of said items.
6. Rules and Regulations. The Rules and Regulations attached hereto as Exhibit A and
additional reasonable Rules and Regulations as may from time to time be promulgated by Landlord are
incorporated into and made part of this Lease.
7. Tenant's Right to Assign and Sublet. Tenant shall not assign or sublet or permit the Leased
Premises, or any part thereof, to be used by others without the prior written consent of Landlord in each
instance. If this Lease is assigned, or the Leased Premises or any part thereof is occupied by anyone other
than Tenant, Landlord may, after default by Tenant, collect rent from the assignee, subtenant or occupant and
apply the net amount collected to the Rent herein reserved. No assignment, subletting, occupancy or
collection of Rent by Landlord from any assignee, subtenant or occupant shall be deemed a waiver of this
covenant or the acceptance of the assignee, subtenant or occupant as Tenant or a release of Tenant from
further performance by Tenant of the covenants of this Lease. The consent by Landlord to an assignment or
subletting shall not be construed to relieve Tenant from obtaining a consent in writing from Landlord to any
further assignment or subletting. Tenant acknowledges that Landlord may withhold the required consent in
connection with any proposed assignment or sublet in Landlord's discretion.
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Any transfer, including but not limited to any transfer by operation of law, merger or consolidation, of
any interest in Tenant, to any person or entity other than the Guarantors (as hereafter defined), shall constitute
an assignment of this Lease requiring Landlord's consent.
8. Use of Leased Premises. Tenant shall use the Leased Premises solely for the preparation
and sale of Italian ices and related products together with related administrative activities. Tenant shall not
use the Leased Premises for any other purposes without the prior written consent of Landlord. Tenant shall
not use or occupy the Leased Premises for any activity which shall result in an increase of insurance premiums
payable in connection with the Building. In the event that Tenant shall undertake any activity within the Leased
Premises or in the parking area which shall result in an increase in the premium for the fire and casualty
insurance or public liability insurance, or both, then Tenant shall be required to pay the cost of any such
increase. Tenant's use of the Leased Premises, including but not limited to its lighting, signs, and the noise
and parking of its customers, will not constitute a nuisance or actionable disturbance.
Tenant's use and occupancy of the Leased Premises, and all alterations and improvements thereto,
will at all times comply with all applicable laws, regulations, rules, orders, requirements and the like of all
governmental authorities, and of the Landlord's insurers and mortgagees.
9. Default by TenanVI-andlord's Remedies. If Tenant shall, regardless of the pendency of any
bankruptcy, reorganization, receivership, insolvency or other legal or administrative proceedings which may
prevent Tenant from complying with the terms of this Lease, allow any payment of Rent or any Additional Rent
to be in arrears for more than ten (10) calendar days after written notice of such delinquency, or remain in
default of any other covenant, agreement or obligations for a period of thirty (30) days after written notice from
Landlord, or should any person other than Tenant secure possession of the Leased Premises, or any part
thereof, except in accordance with the terms and provisions of this Lease, Landlord may, at its option, without
notice to Tenant, terminate this Lease, or in the alternative, Landlord may reenter and take possession (without
termination of this Lease) of the Leased Premises and remove all persons and property therefrom, without
being deemed guilty of any manner of trespass, and relet the Leased Premises or any part thereof, for all or
any part of the remainder of the Term, to a party satisfactory to Landlord, and at such monthly rental as
Landlord may, with reasonable diligence, be able to secure. Should Landlord be unable to relet after
reasonable efforts to do so, or should such rental be less than the of Rent and Additional Rent Tenant is
obligated to pay under this Lease plus the expenses of reletting, then Tenant shall pay, monthly, the amount of
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such deficiency to Landlord. Landlord specifically reserves the right to accelerate payment of all Rent and
Additional Rent due and payable hereunder.
It is expressly agreed that in the event of default by Tenant hereunder, Landlord shall have a lien on all
goods, chattel or personal property of any description belonging to Tenant which are placed in, or become part
of, the Leased Premises, as security for the Rent due and to become due for the remainder of the Term (to
include renewal term), which lien shall not be in lieu of or in any way affect the statutory Landlord's lien given
by law, but shall be cumulative thereto; and Tenant hereby grants to Landlord a security interest in all such
personal property located in said Leased Premises for such purposes. In the event Landlord exercises the
option to terminate the leasehold or reenter and relet the Leased Premises (without termination) as herein
provided, then Landlord may take possession of all of Tenant's property on the Leased Premises and sell the
same at public or private sale after giving Tenant reasonable notice of the time and place of any public sale or
of the time after which any private sale is to be made, for cash or on credit, or for such price and terms as
Landlord deems best, with or without having the property present at such sale. The proceeds of such sale
shall be applied first to the necessary and proper expenses of removing, storing and selling such property, and
then to the payment of any Rent or Additional Rent due or to become due under this Lease, with the balance, if
any, paid to Tenant.
10. Confession of Judgment - Money. Tenant covenants and agrees that if the Rent or any
charge reserved in this Lease as Rent shall remain unpaid for a period of ten (10) days after written notice by
Landlord to Tenant then, in that event, Landlord may cause judgment to be entered against Tenant, and for
that purpose, Tenant hereby authorizes and empowers Landlord or any prothonotary, clerk of court or attorney
of any court of record to appear for and confess judgment against Tenant for money pursuant to the
Pennsylvania Rules of Civil Procedure for all rents hereunder, including all accelerations of rent permissible
under the provisions of this Lease, and for all charges, reserved hereunder, as well as for interest at the rate of
twelve (12%) percent per annum and costs; together with attorneys' fees of ten (10%) percent of the full
amount of Landlord's claim against Tenant. The authority to confess judgment herein shall not be exhausted
by one or more exercises thereof, but successive actions may be commenced and judgment entered by
confession or otherwise as often as necessary.
-8-
Tenant expressly understands and agrees to this Confession of Judgment - Money:
Witness:
ML COLLARE, INC.
By: r ?&, - 4 Lori L. Collare, President
11. Confession of Judgment - Possession. Tenant hereby covenants and agrees that if this
Lease shall be terminated as a result of Tenant's default, then, in that event, Landlord shall cause judgment in
ejectment for possession of real estate by confession to be entered against Tenant of the possession of the
Leased Premises, and for that purpose Tenant hereby authorizes and empowers Landlord or any
prothonotary, clerk of courts or attorney of any court of record to appear for Tenant to confess judgment
against Tenant in ejectment for possession of the Leased Premises. Further, Tenant covenants and agrees
that Landlord may commence an action pursuant to the Pennsylvania Rules of Civil Procedure for the entry of
an Order in ejectment for possession of real estate, and Tenant further agrees that a writ of possession
pursuant thereto may issue forthwith, for which authorization to confess judgment and for the issuance of a writ
or writs of possession pursuant thereto, this Lease or a true copy of this Lease, shall be sufficient warrant.
Tenant further covenants and agrees that, if for any reason whatsoever, after said action shall have
commenced, the action shall be terminated and possession of the Leased Premises shall remain in or be
restored to Tenant, Landlord shall have the right upon subsequent default or defaults, or upon the termination
of this Lease as above set forth, to commence a successive action or actions for possession of real estate and
to cause the entry of successive judgments by confession in ejectment for the possession of the Leased
Premises.
Tenant expressly understands and agrees to this Confession of Judgment -Possession:
Witness:
ML COLLARE, INC.
1
By: Q,()i
Lon L. Collare, President
12. Cumulative Remedies. All rights and remedies of Landlord under this Lease shall be
cumulative; none shall exclude any other right or remedy at law or equity. Such rights and remedies may be
exercised and enforced concurrently and whenever and as often as the occasion therefor arises.
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13. Certificates. Tenant shall, without charge, at the request of Landlord, from time to time,
execute certificates to any mortgagee, assignee or purchaser of Landlord:
A. That this Lease is unmodified and in full force and effect or, if there have been
modifications, that the same is in full force and effect as modified and stating the modification or
modifications;
B. The dates, if any, to which Rent, Additional Rent or other charges, if any, hereunder
have been paid in advance;
C. Whether Landlord is or is not, as the case may be, in default of the performance of any
of the covenants or conditions on Landlord's part to be performed;
D. Such other pertinent information with respect to this Lease as Landlord may reasonably
request.
14. Quiet Eniovment. Upon Tenant paying all Rent and Additional Rent and timely performing all
of its obligations under this Lease, Landlord covenants to allow Tenant to quietly and peacefully enjoy the
possession of the Leased Premises free from interference or interruption of Landlord or any person claiming
through or under Landlord.
15. Insurance.
A. Tenant shall, at its sole cost and expense, procure and maintain during the Term, the
following:
(1) Public Liability Insurance. Policies of insurance insuring Landlord, Tenant and
such mortgagees or other persons as Landlord shall specify against all claims for injury to
persons or damage to property or for loss of life or property occurring upon, in, or about the
Leased Premises for injury to or death to any person in the amount of not less than One Million
($1,000,000.00) Dollars, for injury to or death of more than one person in any one occurrence in
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an amount not less than Two Million ($2,000,000.00) Dollars, and for damage to Property in an
amount not less than One Million ($1,000,000.00) Dollars.
(2) Workers' Compensation. Workers' compensation insurance as required by all
applicable laws, and shall carry or cause to be carried, workers' compensation insurance
covering all persons employed in connection with construction of any alterations or
improvements by Tenant.
(3) Contents. Fire and extended coverage, vandalism, malicious mischief and
special extended coverage insurance in an amount adequate to cover the cost of replacement
of all alterations, improvements, fixtures, equipment, furnishings, decorations and other
property, of Tenant, in and on the Leased Premises.
B. On or before the Commencement Date, and thereafter at least thirty (30) days prior to
the expiration of all such policies of insurance, Tenant shall deliver to Landlord either a duplicate
original of each such policy, or a certificate evidencing such insurance, provided each such certificate
contains an endorsement that such insurance may not be cancelled or modified except upon thirty (30)
days' prior written notice to Landlord, together with evidence of payment for the policy.
C. Tenant's failure to provide and keep in force the insurance specified above shall be a
material default and in this Lease, entitling Landlord to exercise any or all remedies provided in this
Lease in the event of Tenant's default.
16. Destruction of Leased Premises - Partial. If the Leased Premises shall be partially damaged
by fire or other cause which was not caused or allowed by Tenant or any of its employees, agents, customers,
guests, contractors or invitees:
A. and Tenant can reasonably carry on its business in substantially the same manner in
which it had theretofore been ordinarily conducted, the damage thereto shall be repaired or restored
promptly by Landlord, at no expense to Tenant (except as provided in Paragraph 4) and without
reduction in Rent.
B. and Tenant cannot carry on its business in substantially the same manner in which it
had theretofore been ordinarily conducted, but the damage is not sufficient so as to cause Tenant to
cease operation, the damage thereto shall be repaired or restored by Landlord within ninety (90) days
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at no expense to Tenant (except as provided in Paragraph 11) and Tenant's obligation to pay Rent for
such period of non-use shall be abated pro tanto to the same extent as the unusable portion of the
Leased Premises.
17. Destruction of Leased Premises - Total. In the event of the total destruction of the Leased
Premises, which was not caused or allowed by Tenant or any of its employees, agents, customers, guests,
contractors or invitees, Landlord shall -have the option to rebuild and Rent shall abate until such time as the
Leased Premises are available to Tenant in substantially the same condition as before destruction, as
evidenced by notice thereof from Landlord to Tenant, at which time Rent shall again commence and the Term
shall be deemed tolled for such rebuilding. In the event Landlord does not within ninety (90) days after the
destruction commence to rebuild or repair, or does not within one hundred and eighty (180) days make
available to Tenant the Leased Premises in such condition which will permit Tenant to reasonably carry on its
business in substantially the same manner in which Tenant had theretofore been conducting its business,
Tenant may terminate this Lease upon thirty (30) days' prior written notice to Landlord, unless the Leased
Premises have been substantially restored prior to the expiration of those thirty days, and Tenant shall be
released from any further obligations under this Lease. Notwithstanding the foregoing, if total destruction of
the Leased Premises shall occur within one (1) year prior to the termination of the Term, Landlord shall not be
required to rebuild or repair the Leased Premises, unless Landlord shall, in its sole and exclusive option, elects
to do so. If Landlord shall elect not to rebuild or repair the Leased Premises, Landlord shall notify Tenant
within ninety (90) days after the date of destruction, and in the event Tenant shall be released from paying any
Rent and Additional Rent for balance of the Term.
18. Notice of Damage to Leased Premises. Immediately after any damage or destruction of all
or any part of the Leased Premises, Tenant will give the Landlord written notice of the same.
19. Condemnation. If, during the Term all of the Leased Premises shall be taken for any public or
quasi-public use under any governmental law, ordinance or regulation, or by right of eminent domain, or should
be sold to the condemning authority under threat of condemnation, this Lease shall terminate and the Rent
shall be abated during the unexpired portion of this Lease, effective as of the date of the actual taking of
possession of said premises by the condemning authority, and Tenant shall be released from any further
obligations under this Lease, provided, however, that Tenant reserves all rights which Tenant may have with
respect to relocation or other supplemental or special damages against the condemning authority. If less than
all of the Leased Premises shall be taken for any public or quasi-public use under any governmental law,
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ordinance or regulation, or by right of eminent domain, or should be sold to the condemning authority under
threat of condemnation, this Lease shall not terminate but Landlord may, at its sole expense, within ninety (90)
days from the date of the actual taking of possession by the condemning authority, restore and reconstruct the
Building or other improvements, provided that such restoration and reconstruction shall make the same
reasonably tenantable and suitable for the uses for which the Leased Premises are leased. Rent payable
hereunder during the unexpired portion of this Lease shall be adjusted equitably. Landlord and Tenant shall
each be entitled to receive and retain such separate awards and portions of lump sum awards as may be
allocated to the respective interest in any condemnation proceeding. The termination of this Lease shall not
affect the rights of the respective parties to such awards.
20. Indemni . Tenant shall indemnify and hold Landlord harmless against any and all claims,
demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from the
conduct or management of Tenant's business within the Leased Premises or from any breach on the part of
Tenant or any of the conditions of this Lease, or from any or negligence of Tenant, Tenant's agents,
contractors or employees in or about the Leased Premises. In case of any action or proceedings brought
against Landlord by reason of any such claim, Tenant, on notice from Landlord, covenants to defend such
action or proceedings with legal counsel reasonably satisfactory to Landlord. The foregoing indemnification
provision shall not apply to negligence by Landlord, its agents, employees and contractor. The indemnification
set forth in this Paragraph 20 shall be construed in its broadest form in favor of Landlord.
21. Landlord's Right of En". Tenant shall permit Landlord and its agents to enter into and upon
the Leased Premises at all reasonable times, with advance notice to Tenant except in emergency situations,
for the purpose of inspecting the same, maintaining the Building, showing the Leased Premises to prospective
mortgagees or purchasers, making repairs to any other portion of said Building, including the erection of
scaffolding, props or other mechanical devices, or for the purpose of posting notice of non-liability for repairs,
without any rebate of Rent to Tenant or damages for any loss of occupation of quiet enjoyment of the Leased
Premises thereby occasioned; and shall permit Landlord, at any time within ninety (90) calendar days prior to
the expiration of this Lease, to put upon the windows and doors of the Leased Premises any usual or ordinary
"to let" or "to lease" signs. Landlord and its agents may, during said last mentioned period, at reasonable
hours, enter upon the Leased Premises and exhibit the same to prospective tenants. Landlord shall employ
reasonable care and shall not disturb Tenant's business. Tenant shall not interfere or tamper with and shall
allow Landlord's contractors access to, all monitoring devises and wells on the Leased Premises.
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22. 2M. Tenant may, at Tenant' expense and subject to the approval of all applicable
government authorities and Landlord, install one or more business signs, on the Leased Premises. Tenant
shall submit to Landlord all proposed sign applications to governmental authorities for Landlord's approval
which approval shall not be unreasonably held or delayed. Tenant shall, at its sole cost and expense, erect
and maintain all such signs in compliance with all applicable laws, regulations and requirements; and, upon the
expiration or termination of this Lease, promptly remove the same, and if Landlord so instructs, all pylons,
brackets, frames, electrical wiring and the like, for the same. Throughout the Term, Tenant shall maintain
insurance for the replacement of same.
23. No Waiver. The waiver by Landlord of any breach of any term, covenant or condition herein
contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of
the same or any other term, covenant or condition herein contained. The subsequent acceptance of Rent
hereunder by Landlord shall not be deemed to be a waiver by Landlord of any preceding breach of any term,
covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted,
regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent.
24. Hold Over. If Tenant holds possession of the Leased Premises after the expiration of the Term
or renewal term, Tenant shall become a Tenant from month-to-month upon the terms herein specified, at a
monthly Rent equal to one hundred twenty (120%) percent of the monthly installment of annual base Rent
payable for the month next preceding the date of expiration, which said sum shall be payable monthly in
advance in lawful money of the United States as aforesaid, on the first day of each month. Said month-to-
month tenancy shall continue until such time as either Landlord or Tenant shall give the other at least thirty
(30) calendar days' prior written notice of intention to terminate the month-to-month tenancy and said tenancy
shall terminate on the last calendar day of the month in which the 30-day notice period expires.
25. Remedies Cumulative/Survival. It is understood and agreed that the remedies herein given
to Landlord shall be cumulative and the exercise of any other remedy by Landlord shall not be to the exclusion
of any other remedy. Each and all of said remedies shall be exercisable repeatedly and as often as may be
necessary. It is further understood and agreed that all remedies provided to Landlord shall survive the
expiration or termination of the Lease.
26. Options to Purchase. Provided Tenant is not then in breach of any provision of this Lease,
Tenant will have the right to purchase the Leased Premises during the Term, and Landlord will sell the same
-14-
to the Tenant, on the following terms and conditions:
If the sale is concluded before May 31, 2009, the purchase price will be $250,000.00; if the sale is
concluded between June 1, 2009 and the end of the Term, the purchase price will be $275,000.00.
Tenant will exercise this right by written notice to Landlord accompanied by three (3) copies of the
Contract of Sale attached hereto as Exhibit B; duly executed by Tenant and by payment of the down
payment provided for therein.
If not previously duly exercised, Tenant's right to purchase the Leased Premises will terminate upon
the expiration or termination of this Lease.
27. Surrender of Leased Premises. Tenant shall, upon the expiration or sooner termination of the
Term or any month-to-month tenancy, promptly surrender and deliver the Leased Premises to Landlord
without demand therefor in good condition, ordinary wear and tear excepted. Tenant shall remove or cause to
be removed all personal property, trade fixtures and all other items which Tenant may be entitled under the
terms hereof from the Leased Premises.
28. Notices, All notices provided to be given under this Lease shall be in writing and shall be
deemed given when delivered personally or deposited in the United States mail, postage prepaid, return
receipt requested, addressed to the parry at the address set forth below:
To Landlord: Ron Moyer Service Center, Inc.
Attn: Mr. Ronald Moyer
1719 Locust Street
New Cumberland, PA 17070
To Tenant: ML Collare, Inc.
Attn: Mr. Mark Collare
5542 Bentz Road
Spring Grove, PA 17362
Either party may change the notice address by providing the other party with written notice as herein
provided.
-15-
29. Condition of Leased Premises.
A. Before the Commencement Date, Landlord will perform the following in the Leased
Premises:
Removal of:
Overhead lift
Air Compressor
Lubrication Equipment
B. Tenant acknowledges and agrees that:
(1) Landlord has advised Tenant that: a gas station and auto service and repair
business previously operated on the Leased Premises; and in accordance with applicable laws,
Landlord has, in accordance with requirements of the Pennsylvania Department of
Environmental Protection, conducted remediation of certain ground water contamination on the
Leased Premises, except that monitoring of conditions on the Leased Premises will continue
during all or part of the Term. Tenant, and its employees, customers and invitees shall not be
entitled to any claim against Landlord in any way arising from or related to any of said
conditions.
(2) Neither Landlord nor any agent of Landlord has made any representations or
promises with regard to the Leased Premises for the Term, except as expressly set forth in this
Lease. Tenant's taking possession of the Leased Premises shall be conclusive evidence
against Tenant that Tenant accepts the same as is and that the Leased Premises were in
satisfactory condition at the time of such possession.
30. Hazardous Materials. Tenant shall not cause or allow any Hazardous Material to be brought
on to, used on or stored on the Leased Premises. Breach of this provision shall constitute a material default
under this Lease. For purposes of this paragraph, the term "Hazardous Material" shall include, without
limitation, substances defined as "hazardous substances," "hazardous waste" or "toxic substances" in the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C.
Section 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seg., and the
Resources, Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901, et seg.
-16-
31. Subordination. This. Lease, together with Tenant's rights pursuant to this Lease, are
specifically subordinate to the lien and priority of any mortgagee, now or hereafter existing to include, if
applicable, any security interest in favor of such mortgagee, and Tenant agrees, in the future, to execute a
Subordination, Non-Disturbance and Attornment Agreement to subordinate Tenant's leasehold interests
created pursuant to this Lease to the lien and priority of any future mortgage in favor of such lender.
32. Parties Bound. This Lease shall be binding upon and shall inure to the benefit of the parties
hereto and their respective successors and assigns permitted by this Lease.
33. Governing Law. This Lease shall be construed under and in accordance with the laws of the
Commonwealth of Pennsylvania and all obligations of the parties created hereunder are performable in
Cumberland County, Pennsylvania.
34. Legal Construction. In case one or more of the provisions contained in this Lease shall be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any other provision thereof and this Lease shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
35. Survival of Remedies. The remedies provided to Landlord and Tenant under the terms and
conditions of this Lease shall survive the expiration or termination of this Lease.
36. No Election of Remedies. Nothing set forth in this Lease or otherwise shall be deemed or
construed as an election of remedy by Landlord and Landlord shall have all rights reserved with respect to any
remedy in the event of a default of Tenant.
37. Net Lease. Landlord and Tenant intend that all Rent (including Additional Rent
payable by
Tenant during the Term and, if applicable, renewal term, shall be net to Landlord so that this Lease shall
yield the Landlord the net Rent specified herein during the Term and that all costs, expenses and
obligations of every kind or nature whatsoever relating to the Leased Premises, except as otherwise
specifically provided herein, shall be paid by Tenants (other than income, state or similar taxes imposed
upon Landlord with respect to the Rent hereunder), together with, if applicable, sales tax thereon.
-17-
38. Negation of Personal Liability. Notwithstanding anything contained herein to the contrary,
Tenant agrees that Landlord shall have no personal liability with respect to any of the provision of this Lease
and Tenant shall look solely to the estate and property of Landlord in the Building and the Land for the
satisfaction of Tenant's remedies including without limitation the collection of any judgment or the
enforcement of any other judicial process requiring the payment or expenditure of money by Landlord in the
event of any default or breach by Landlord with respect to any of the terms and provisions of this Lease to
be observed or performed by Landlord, subject, however, to the prior rights of any holder of any mortgage
covering all or part of the Land and Building, and no other assets of Landlord shall be subject to levy,
execution or other judicial process for the satisfaction of Tenant's claim. This Paragraph 44 shall inure to the
benefit of Landlord's successors and assigns.
39. Tenant's Right of Early Termination. Tenant may terminate this Lease any time after the
end of the second Lease year, upon not less than one hundred and twenty (120) days prior written notice to
Landlord, subject to the following conditions:
A. Commencing on the business day immediately proceeding the giving of Tenant's
notice of termination and continuing until the date of termination, Tenant shall not be in breach of
any provision of this Lease;
B.
not later than the termination date set forth in Tenant's notice.
C. Commencing on the first business day after the giving of Tenant's notice, Landlord
shall have the right to enter the Leased Premises to show the same to prospective tenants and
purchasers.
40. No Recording. Recording of this Lease or any Memorandum of this Lease by Tenant is strictly
prohibited. Tenant's breach of this provision shall constitute a material breach of this Lease.
41. Authority of the Parties. Each party warrants to the other that it is authorized to enter into this
Lease, that the person signing on its behalf is duly authorized to execute this Lease and that no other
signatures are necessary.
Tenant delivers possession of the Premises vacant and broom clean to the Landlord
-18-
42. Miscellaneous.
A. Tenant represents and warrants that it has not dealt with any broker in connection with
this Lease or the Leased Premises. Tenant will indemnify, hold harmless and defend Landlord from
any claim of any broker in any way related to or arising from any action of Tenant.
B. If during any two (2) months, whether or not consecutive, in any twelve (12) month
period, Tenant has failed to pay when due any amount of annual base Rent or Additional Rent, and
such amount has not been paid within five (5) days after notice to Tenant of the same, then any
subsequent failure by Tenant to pay any amount due Landlord, which continues for more than five (5)
days after notice to Tenant, shall be deemed a deliberate default under this Lease, for which Landlord
may terminate this Lease upon three (3) days prior written notice to Tenant.
C. The captions of this Lease are for convenience and reference only and in no way
define, limit or describe the scope or intent of this Amendment.
D. Submission by Landlord of this Lease for execution by Tenant shall confer no rights nor
impose any obligations on Landlord or Tenant unless and until both Landlord and Tenant shall have
executed this Lease, duplicate originals thereof shall have been delivered by Landlord and Tenant to
each other, and Tenant has made all payments required in this Lease.
E. Simultaneously with its execution of this Lease, Tenant shall deliver to Landlord, copies
of the GUARANTY OF LEASE attached hereto as Exhibit C, duly executed by all of the stockholders
and principals of the Tenant (collectively the "Guarantors").
F. Tenant's obligations under this Lease are expressly conditioned upon its obtaining the
approval of the following to its intended business in the Leased Premises, if required: Pennsylvania
Department of Agriculture, Lower Allen Township. Tenant shall, at its own cost and expense, promptly
apply for and diligently prosecute its applications for such approvals. If such approvals have not been
obtained by the Commencement Date, Tenant may, upon three (3) days prior written notice to
Landlord, adjourn the Commencement Date until the earlier of (i) the date when both of such
approvals have been obtained, or (ii) July 1, 2004. If Tenant has not obtained both such approvals by
July 1, 2004, Tenant may terminate this Lease by written notice to the Landlord given not later than
July 5, 2004.
-19-
43. Entire Agreement/Amendments. This Lease together with Exhibit A and Exhibit B contains
the entire agreement between Landlord and Tenant and this Lease shall not be modified, altered or amended
except in writing signed by Landlord and Tenant.
IN WITNESS WHEREOF, Landlord and Tenant, each intending to be legally bound, have caused this
Commercial Lease to be signed and delivered, in duplicate, as of the day and year first above written.
Landlord:
WITNESS:
RON MOYER'S SERVICE CENTER, INC.
By:
Ronald M er, P s,Kent
Tenant:
ML COLLARE, INC.
By: 1
Lori L. Collare, President
-20-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. ss.
On the '-; day ofj004, before me, the undersigned officer, personally appeared RONALD
MOYER, who acknowledged himself to be the President of RON MOYER'S SERVICE CENTER, INC., a
corporation, and that he as such President, being authorized to do so, executed the foregoing instrument for
the purposes therein contained by signing the name of the corporation as its President.
IN WITNESS WHEREOF, I hereunto set my hand an I seal.
Notary Public
com
ROBEf(Ift KJ R., Edo
Lower Allen r'ubllc
My Commission Expr s?Sept 5,20 6
COMMONWEALTH OFPENNSYLVANIA :
COUNTY OF ?OeL : SS.
On the day o f, 2004, before me, the undersigned officer, personally appeared LORI L.
COLLARE, who acknowledged herself to be the President of ML COLLARE, INC., a corporation, and that she
as such President, being authorized to do so, executed the foregoing instrument for the purposes therein
contained by signing the name of the corporation as its President.
IN WITNESS WHEREOF, I hereunto set my hand and
ry,Pyblic
(SEAL)
expires
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
JENNY S. JOHNSON, Notary Public
Red Lion Boro, York County
My COMMISSion Expires Oct, 11, 2007
-21-
EXHIBIT A
RULES AND REGULATIONS
1. Tenants and its employees, guests and invitees, shall not loiter in the entrance or corridors, nor
in any way obstruct the sidewalks, parking and lawn areas, entry passages, halls and stairways and shall use
the same only as otherwise appropriate.
2. The sash doors, sashes, windows, glass doors, lights and skylights that reflect or admit light
into the halls or other places of the Building shall not be covered or obstructed. The toilets and urinals shall not
be used for any other purpose other than those for which they were constructed, and no rubbish, newspaper or
other substance of any kind shall be thrown into them. Waste and excessive or unusual use of water shall not
be allowed. If Tenant shall in any way deface the walls, ceilings, partitions, floors, wood, stone or iron work,
Tenant shall repair and restore said surface upon termination of its occupancy. The expense of any breakage,
stoppage or damage resulting from violation of this Rule shall be borne by Tenant who has caused such
breakage, stoppage or damage.
3. Electric wiring of every kind shall be introduced and connected as directed by Landlord and no
boring or cutting for wires will be allowed except with the consent of the Landlord. The location of telephones,
call boxes, etc. shall be reasonably prescribed by Landlord.
4. Landlord shall prescribe the weight, size and position of all safes and other property of unusual
size or weight brought into the Building. Landlord will not be responsible for any loss of or damage to any such
safe or property from any cause, but all damage done to the Building by moving or maintaining any such safe
or property shall be repaired at the expense of Tenant. Landlord agrees to Tenant's use of office machinery
and equipment normally used in Tenant's business, including, but not limited to, electric typewriters, automatic
editing typewriters, data processing equipment, computer terminals and reproduction equipment.
5. No additional lock or locks shall be placed by Tenant on any door in the Building unless written
consent of Landlord shall have first been obtained. Two keys will be furnished by Landlord for the Leased
Premises; all keys shall be surrendered to Landlord upon termination of tenancy.
6. Tenant, its agents or employees, shall not make or permit any improper noises in the Building.
Tenants, their agents or employees, shall not throw substances of any kind out of the windows or doors, nor
-22-
down passages of the Building, not sit, nor place anything upon the window sills, nor bring into or keep within
the Building any animal or bicycle, motorcycle or other vehicle.
7. Landlord reserves the right to make such other further reasonable rules and regulations as in its
judgment may from time to time be reasonably necessary for the safety and cleanliness of, and for the
preservation of good order in the Building.
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EXHIBIT B
-24-
AGREEMENT OF SALE FOR REAL ESTATE
THIS AGREEMENT OF SALE FOR REAL ESTATE ("Agreement of Sale"), made and entered into this
day of , 20_, by and between RON MOYER'S SERVICE CENTER, INC., a
Pennsylvania corporation, with its principal office located at 1719 Locust Street, New Cumberland,
Pennsylvania 17070, hereinafter called "Seller" and ML COLLARE, INC., a Pennsylvania corporation, with its
principal office located at 5542 Bentz Road, Spring Grove, Pennsylvania 17362, hereinafter called
"Purchaser."
BACKGROUND
A. Seller is the owner of an improved tract of real estate situate in Lower Allen Township in,
Pennsylvania, being municipally known and numbered as 1 Commercial Drive, Camp Hill, Pennsylvania, and
being improved with a one story structure.
B. Seller desires to sell the above described real estate, together with the improvements erected
thereon and Purchaser desires to purchase said real estate, together with the improvements erected thereon,
for the purchase price and under the terms and conditions hereinafter provided.
C. Seller and Purchaser desire to confirm their understanding in writing.
NOW, THEREFORE, for good and valuable consideration, receipt of which they acknowledge, the
parties hereto, each intending to be legally bound, agree as follows:
1. Background. The background set forth above is incorporated herein.
2. Subject Real Estate/Seller. The real estate owned by Seller which is the subject of this
Agreement of Sale is an improved tract of real estate situate in Lower Allen Township, Pennsylvania, being
municipally known and numbered as 1 Commercial Drive, Camp Hill, Cumberland County, Pennsylvania, and
being improved with a one story structure. Said real estate, together with the improvements erected thereon,
is hereinafter called the "Property", and is more particularly bounded and described on Exhibit "A" attached
hereto and made part hereof.
3. Sale and Purchase. Seller agree to sell to Purchaser and Purchaser agrees to purchase from
Seller the Property for the purchase price and under the terms and conditions set forth herein.
4. Purchase Price. Purchaser shall pay to Seller for the Property the aggregate purchase price
computed as follows: If the sale is concluded before May 31, 2009, the purchase price will be $250,000.00; if
the sale is concluded between June 1, 2009 and May 31, 2014, the purchase price will be $275,000.00. The
purchase price will be paid as follows:
A. Upon execution of this Agreement of Sale, Purchaser shall pay five (5%) percent of the
purchase price as the down payment.
B. At the time of settlement, as hereinafter described, Purchaser shall pay to Seller by bank check,
certified check or title insurance company check, the remaining ninety-five (95%) percent of the
purchase price.
5. Title.
A. Quality of Title. As of the date of settlement, title to the Property shall be good and
marketable, fee simple title, free and clear of all liens and encumbrances subject to only such
easements and restrictions of record and such facts as an accurate survey would show. Said title shall
be insurable by a reputable title insurance company doing business in the Commonwealth of
Pennsylvania at regular rates.
B. Title Examination. Purchaser shall, at Purchaser's sole cost and expense, cause a title
examination of the Property to be completed within twenty (20) calendar days of the date of this
Agreement of Sale.
C. Objections to Title. Within seven (7) calendar days after the date of the title examination,
Purchaser shall advise Seller of any objections in title or any easements or other matters with respect
to title to which Purchaser objects. Seller shall advise Purchaser, in writing, within three (3) days as to
whether Seller can cure any objection to title. If Seller is unable to cure any such objection to title then,
in that event, Purchaser shall have the right, in Purchaser's sole discretion, to terminate this Agreement
of Sale upon written notice to Seller.
-2-
D. Mortgages or Other Liens or Encumbrances. Seller agrees, with respect to any existing
mortgage or other liens or encumbrances that can be liquidated from the proceeds of the sale, that
said mortgage or other lien or encumbrance shall be satisfied from said proceeds.
E. Termination. In the event that Purchaser shall elect to terminate this Agreement of Sale
pursuant to the provisions of this Paragraph 5 then, in that event, Purchaser shall advise Seller, in
writing, whereupon Seller shall return to Purchaser the down payment provided for in Paragraph 4A,
and this Agreement of Sale shall then be null and void and there shall be no further liability by either
party to the other.
6. Deed. Seller shall convey the Property to Purchaser by special warranty deed.
7. Realty Transfer Taxes. Seller shall pay one-half (1/2) of the applicable realty transfer taxes
assessed in connection with this conveyance. Purchaser shall pay one-half (1/2) of the applicable realty
transfer taxes assessed in connection with this conveyance.
8. Adiiustments at Settlement.
A. School District Real Estate Taxes. School District real estate taxes for the fiscal year in
which settlement occurred shall be prorated as of the date of settlement based on the fiscal year of the
taxing authority.
B. County and City Real Estate Taxes. All county and city real estate taxes for the calendar year
in which settlement occurs shall be adjusted as of the date of settlement based on the calendar year of
the taxing authority.
C. Sewer, Water, Gas, Electricity, etc. Purchaser currently leases the Property from the Seller
pursuant to a Lease (the "Lease") under the terms of which, Purchaser is required to pay all charges
for sewer, water, gas, electricity, and any other utilities to the Property. Accordingly, at settlement there
will be no adjustment between the parties for charges for sewer, water, gas, electricity, or other utilities
to the Property, unless for any reason Purchaser owes Seller for any of the same.
D. Other Charges. At settlement, Purchaser will pay Seller all other amounts owed for any
reason to Seller, unless the terms of any such indebtedness specifically provide otherwise.
-3-
9. Settlement. Settlement with respect to the Property shall occur on the forty-fifth (45th) day after
the date of this Agreement (or, if not a business day, then on the next business day thereafter) at 4:00 P.M.
(prevailing time) in the offices of Purchaser's title agent or settlement agent, located within twenty-five (25)
miles of the Property. Nothing set forth in this Paragraph 9 shall be construed, in any way, to affect any
condition precedent set forth in this Agreement of Sale with respect to either the obligation of Seller to convey
the Property to Purchaser or the obligation of Purchaser to purchase the Property from Seller.
10. Condition of Premises. The parties agree and the Purchaser expressly acknowledges and
understands that it is buying the property in its present condition and that the Seller makes no representation
or warranty of any kind whatsoever with regard to the condition of the Property or any of the components
thereof or any part of the structure or any of the improvements on the land. The Property is being sold "as is"
now, and at the time of the settlement.
11. Possession/Property. Purchaser acknowledges that it is currently in possession of the
Property pursuant to the Lease, and that at settlement, Seller shall not be further obligated to deliver
possession of the Property.
12. Seller' Representations and Warranties. To induce Purchaser to enter into this Agreement
of Sale, Seller, to the best of its knowledge and belief, represents and warrants to Purchaser with respect to
the Property that:
A. Taxes. No federal, state or local tax liens exist or have been assessed with regard to Seller
which could impose transferee liability on Purchaser under the Internal Revenue Code of 1986, as
amended, or any other applicable state or local law.
B. Title and Leases. Seller is the owner in fee simple, absolute of the Property. The Property is
subject to the Lease between Seller and Purchaser.
C. All assessments of any kind concerning all or any portion of the Property:
(1) which become due in whole or in part on or after the date of settlement will be payable
by the Purchaser.
-4-
(2) which become due in whole before the date of settlement, or any part of which becomes
due before the date of settlement, will be paid by the Seller, subject to the terms of the Lease.
D. Other Agreements. Except for the Lease, Seller has not entered into any other agreement to
transfer any interest or any part or all of the Property, including, but not limited to, any options or other
contractual obligations pertaining to the Property.
E. Compliance. Seller has complied with, and the Property is free from, all notices of violation of
law or municipal ordinances, orders or requirements noted in or issued by any governmental agency
having jurisdiction with regard to the Property, except for any of the same in any way related to or
arising from Purchaser's leasing, use or occupancy of the Property.
F. Construction Repairs. Seller has not caused any delivery of materials, or actual performance
by any contractor, in connection with the construction, repair or renovation of any improvement erected
upon the Property within the four (4) month period preceding the date of this Agreement of Sale for
which Seller has not made payment, in full.
G. Governmental Notices. No notice has been issued and served upon Seller or upon the
Property from or by any governmental authority concerning the making of any required alterations,
repairs or corrections to any condition now affecting the Property which remain unsatisfied or unpaid,
except for any of the same in any way related to or arising from Purchaser's leasing, use or occupancy
of the Property.
H. Organization. That Seller is a Pennsylvania nonprofit corporation, duly organized, validity
existing and in good standing under the laws of the Commonwealth of Pennsylvania and has requisite
corporate power to sell the Property and to carry out the terms and conditions of this Agreement of
Sale.
1. Authority. That Seller has corporate power to execute, deliver and perform this Agreement of
Sale and has taken all necessary action to authorize the execution, delivery and performance of this
Agreement of Sale. No consent of any other party (including any shareholder of Purchaser) and no
consent, license, approval, authorization, or registration is required in connection with the execution,
delivery, performance, validity and enforceability of this Agreement of Sale.
-5-
13. Purchaser's Representations and Warranties. To induce Seller to enter into this Agreement
of Sale, Purchaser, to the best of its knowledge and belief, represents and warrants to Seller that:
A. Organization. That Purchaser is a Pennsylvania nonprofit corporation, duly organized, validity
existing and in good standing under the laws of the Commonwealth of Pennsylvania and has requisite
corporate power to purchase the Property and to carry out the terms and conditions of this Agreement
of Sale.
B. Authority. That Purchaser has corporate power to execute, deliver and perform this
Agreement of Sale and has taken all necessary action to authorize the execution, delivery and
performance of this Agreement of Sale. No consent of any other party (including any shareholder of
Purchaser) and no consent, license, approval, authorization, or registration is required in connection
with the execution, delivery, performance, validity and enforceability of this Agreement of Sale.
C. That as of this date and continuing until settlement of this sale, Purchaser is not in breach of
any provision of the Lease, and the same is in full force and effect.
14. Conditions Precedent - Purchaser's Obligation. The obligation of Purchaser to
consummate the transaction contemplated by this Agreement of Sale is subject to the accuracy on the date of
settlement of the representations and warranties of Seller set forth in Paragraph 13 and the satisfaction of the
following specific conditions precedent: that Seller are able to deliver the nature and quality of title that is
described in Paragraph 5 as of the date of settlement.
15. Conditions Precedent - Seller's Obligation. The obligation of Seller to consummate the
transaction contemplated by this Agreement of Sale is subject to the accuracy on the settlement date of the
representations and warranties of Purchaser and satisfaction of the following specific condition precedent:
Purchaser shall have paid or shall have caused to be paid to Seller the purchase price, in full.
16. Events of Default: Remedies.
A. Purchaser - Events of Default. The following shall constitute events of default ("Events of
Default") by Purchaser under this Agreement of Sale:
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(1) Payment. Failure by Purchaser to make any required payment under this Agreement of
Sale on or before the close of business on the due date of that payment.
(2) ' Representations and Warranties. Any representation or warranty made by Purchaser
in this Agreement of Sale shall prove to be false or misleading in any material respect.
(3) Other. Failure by Purchaser to observe any of Purchaser's obligations set forth in this
Agreement of Sale.
B. Events of Default - Seller. The following shall constitute events of default ("Events of Default")
by Seller under this Agreement of Sale.
(1) Conveyance of Property. The failure of Seller to convey the Property to Purchaser
under the terms and conditions of this Agreement of Sale on or before the date of settlement.
(2) Representations and Warranties. Any representation or warranty made by Seller in
this Agreement of Sale shall prove to be false or misleading in any material respect.
(3) Other. Failure by Seller to observe or perform any of their obligations set forth in this
Agreement of Sale.
C. Remedies - Seller. Upon the occurrence of Event of Default described in Paragraph 17-A and
so long as the Event of Default shall continue uncured or unwaived for a period of ten (10) days, Seller
may:
(1) Elect to terminate this Agreement of Sale and retain the down payment provided for in
Paragraph 4(a), which shall be Seller' sole and exclusive remedy if Seller elect to terminate this
Agreement of Sale; or, in the alternative;
(2) Pursue any other remedy available at law or equity.
-7-
mh/091489/Moyer.Deed
THIS INDENTURE
MADE THE day of in the year of our Lord one thousand nine
hundred eighty-nine (1989).
BETWEEN RONAID L. M M AMID M. GOORGIANUk MJYER, his wife,
Grantors,
and
RON M)YER' S SERVICE CMITER, INC.
Grantee,
•S , that the said Grantors, for and in consideration of the sum of ONE
HUNDRED TKXrn., NID DMLARS AND NO aM S ($100,000.00), lawful money of the United States
of America, unto them well and truly paid by the said Grantee at and before the sealing
and delivery of these presents, the receipt whereof is hereby acknowledged, have
granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these
presents do grant, bargain, sell, alien, enfeoff, release and convey and confirm unto
the Grantee, its heirs and assigns,
ALL THAT (EPMUIId lot or piece of ground situate on the Northwesterly
corner of Pennsylvania State Highway Legislative Route No. 21022
known as Carlisle Road, and Commercial Drive, in Block "I", on the
Plan of "Greater Highland Park", in the Township of Lower Allen,
County of Cumberland and Commonwealth of Pennsylvania, more fully
bounded and described by true North bearings derived from solar
observations of the Pennsylvania Department of Highways, and
surveyed by Earle M. Frankhouser Associates, Inc. of Reading,
Pennsylvania, as follows, to wit:
BEGINNING at the intersection of the Northerly right-of-way line of
Pennsylvania State Highway Legislative Route No. 21022 (fifty (50)
feet wide) with the Westerly lot line of Commercial Drive (sixty
(60) feet wide); thence extending along the right-of-way line of
Pennsylvania State Highway Legislative Route No. 21022, known as the
Carlisle Road, the four (4) following courses and distances: (1)
North eighty-five (85) degrees six (6) minutes West by a line
twenty-five (25) feet Northward from and parallel with the center
line of said right-of-way, a distance of thirty-two and thirty-one
one-hundreths (32.31) feet to a point; (2) South four (4) degrees
fifty-four (54) minutes West, a distance of fice (5) feet to a
point; (3) North eighty-five (85) degrees six (6) minutes West, by a
line twenty (20) feet Northward from and parallel with the center
lien of said highway, a distance of seventy-two and sixty-seven
one-hundredths (72.67) feet to the point of curvature in said
Northerly right-of-way line; (4) in a Westerly direction along the
arc of a curve deflecting to the left having a radius of two
thousand five hundred sixty-six and sixty-four one-hundredths
92,566.65) feet to a central angle of no (0) degrees thirty-two (32)
minutes one and thirteen one-hundredths (1.13 seconds, the chord of
said curve bearing North eighty-five (85) degrees twenty-two (22)
minutes West for a distance of twenty-three and ninety-one
one-hundredths (23.91) feet, a distance along the arc of
twenty-three and ninety-one one hundredths (23.91) feet to a point;
thence leaving said Carlisle Road and extending along House No. 1506
Carlisle Road, the property now or late of Raymond R. Kurtz and
Catherine B. Kurtz, North eight (8) degrees no (0) minutes twenty
(20) seconds West, a distance of one hundred forty-eight and
thirty-five one-hundredths (148.35) feet to a point; thence
extednding along land now or late of N. P. Ninneman and Naomi S.
Ninneman, his wife, South eighty-eight (88) degrees ten (10) minutes
fifty (50) seconds East, a distance of one hundred fifty-nine and
sixty-two one-hundredths (159.62) feet to the place of BEGINNING.
CJCNMMING in area sixteen thousand five hundred fifty and one-tenth
(16,550.1) square feet of land.
BEING the same premises which MOBIL OIL CORPORATION by its deed
dated July 19, 1976, and recorded in the Cumberland County Recorder
of Deeds' Office on August 4, 1976 at Record Book S, Volume 26, Page
615, granted and conveyed to RONALD L. MOYER and M. GEORGIANNA
MOYER, his wife, the Grantors herein.
=R with all and singular the buildings, improvements, ways, streets, alleys,
passages, waters, water-courses, rights, liberties, privileges, here ditaments and
appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the
reversions and remainders, rents, issues and profits thereof; and all the estate,
right, title, interest, property, claim and demand whatsoever of them, the said
Grantors, in law, equity, or otherwise howsoever, of, in, to or out of the same.
TO HAVE AND TO HOLD the said lot or piece of ground above described, with the
buildings and improvements thereon erected, hereditaments and premises hereby granted
or mentioned, and intended so to be, with the appurtenances, unto the said Grantee, its
heirs and assigns, to and for the only proper use and behoof of the said Grantee, its
heirs and assigns, forever.
And the said Grantors hereby covenant and agree that they will warrant specially
the property hereby conveyed.
IN WITNESS WHEREOF, the said Grantors hereunto set their hands and seals the day
and year first above written.
WITNESS:
Ronald L. Moyer
(SEAL)
(SEAL)
M. Georgianna Moyer
COMMDNWEALTH OF PENNSYLVANIA
. ss:
COUNTY OF CUMBERLAND
On this, the day of , 1989, before me, the
undersigned officer, personally appeared RONALD L. MOYER, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that RONALD L. MOYER executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Title of Officer
CONDUNWEALTH OF PENNSYLVANIA
. ss:
COUNTY OF CUMBERLAND
(SEAL)
On this, the day of , 1989, before me, the
undersigned officer, personally appeared M. GEORGIANNA MOYER, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that M. GEORGIANNA MOYER executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(SEAL)
Title of officer
V
CERTIFICATE OF RESIDENCE
I do hereby certify that the precise residence and complete post office address of
the within named Grantee is:
DATED:
Attorney for
COIMNWEALTH OF PENNSYLVANIA
ss:
COUNTY OF
RECORDED on this
day of
A.D. 19 in the
, PAGE
Recorder's Office of the said County, in RECORD BOOK
Given under my hand and the seal of the said Office, the date above written.
, Recorder.
GUARANTY OF LEASE
THIS GUARANTY made this cV-'-day of , 2004, by MARK E. COLLARE and LORI L.
COLLARE, residing at 5542 Bentz Road, Spring Grove, PA 17363, (each of whom may hereafter
be referred to as a "Guarantor"), to RON MOYER'S SERVICE CENTER, INC. ("Landlord"), a
Pennsylvania corporation having offices at 1719 Locust Street, New Cumberland, PA 17070.
RECITALS
A. Simultaneously herewith ML COLLARE, INC. ("Tenant"), has entered into a Lease
("Lease") dated May , 2004, with the Landlord covering the premises ("Premises") known as 1
Commercial Drive, Camp Hill, Pennsylvania.
B. The Guarantors own all of the stock and are the only principals of the Tenant and
will materially benefit from having Tenant enter into the Lease.
C. As a material inducement to the Landlord to enter into the Lease with the Tenant
and in consideration for the Landlord doing so, the Guarantors are willing to Guaranty Tenant's
obligations under the Lease as provided below.
GUARANTY
For good a valuable consideration, receipt of which they acknowledge, and intending to be
legally bound, the Guarantors hereby unconditionally, absolutely and irrevocably
1. Guarantee to the Landlord:
(a) the prompt and timely payment of all amounts due to the Landlord from the
Tenant pursuant to the terms of the Lease;
(b) the prompt and timely performance of all other obligations of Tenant under
the Lease.
(c) payment of all reasonable costs, expenses and damages, including
reasonable attorney's fees and expenses which may arise as a result of any default under
the Lease;
2. Waive:
(a) all notices or demands given or required to be given to Tenant under the
Lease, including, but not limited to, notice of any modification, extension or indulgence
granted to Tenant; and
(b) all right to trial by jury in any action or proceeding instituted hereinafter by
the Landlord;
V
Notwithstanding the foregoing, Guarantors shall be entitled to receive copies of all
notices of defaults under the Lease.
3. Covenant and agree that:
(a) this Guaranty shall:
(i) remain in full force and effect during the Term of the Lease and all
renewals or extensions thereof, and thereafter so long as any amount due to the
Landlord pursuant to the terms of the Lease or any other obligation of Tenant
under the Lease shall not have been paid in full to the Landlord, and the liability of
the Guarantors hereunder shall continue with respect to all defaults under the
Lease;
(ii) not be terminated, modified, affected or impaired by reason of any
(1) extension, modification, or amendment of the Lease;
(2) action the Landlord may take or fail to take against the
Tenant;
(3) waiver or failure to enforce any of the rights or remedies
available to the Landlord pursuant to the Lease or allowed at law or in
equity; or
(4) assignment of the Lease
(iii) bind the Guarantors and their respective heirs, executors, personal
representatives, successors, assigns, and transferees; and
(iv) inure to the benefit of the Landlord and its successors, assigns and
transferees;
(b) Guarantors may, at the Landlord's option, be joined in any action or
proceeding against Tenant in connection with the Lease and recovery may be had against
the Guarantors in any action without the Landlord first pursuing or exhausting any remedy
or claim against Tenant;
(c) if this Guaranty shall be held ineffective or unenforceable by any court of
competent jurisdiction, then the Guarantors shall be deemed to be the Tenant under the
Lease, with the. same force and effect as if the Guarantors had personally executed the
Lease as Tenant; provided, however, that the foregoing shall require only payment of
amounts due and no other performance.
4. Each Guarantor hereby represents and warrants to the Landlord that each is
legally competent and that when executed and delivered by him or her this Guaranty shall
constitute the valid and binding obligations of each Guarantor.
2
5. The obligations of the Guarantors under this Guaranty shall be joint and several.
IN WITNESS WHEREOF, this Guaranty has been duly executed by the Guarantors on the
date first set forth above.
ARK aE.COLLARE
/. (Awle
LORI L. COLLARE
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF X :ss:
?lll.?
On this the ( day o , 2004; before me, the undersigned officer, personally appeared
MARK E. COLLARE and LORI L. COLLARE, known to me or satisfactorily proven to be the
persons whose names are subscribed to the foregoing instrument, and acknowledged that they
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I he
:228836
3
COMMONWEALTH OF PENNSYLVANIA
NO=Oct, JENNY S. JORed Lion My Commissio
FIRST ADDENDUM TO COMMERCIAL LEASE
THIS FIRST ADDENDUM TO COMMERCIAL LEASE ("First Addendum") is
made this .1 day of cc-\l &(L , 2005, by and between RON
MOYER'S SERVICE CENTER, INC., a Pennsylvania corporation, having an office at
1719 Locust Street, New Cumberland, PA 17070, hereinafter referred to as "Landlord,"
and M.L. COLLARE, INC., a Pennsylvania corporation, having an office at 5542 Bentz
Road, Spring Grove, PA 17362, hereinafter referred to as "Tenant."
BACKGROUND:
A. Landlord and Tenant have entered into a Commercial Lease dated June
3, 2004 pertaining to property known as 1 Commercial Drive, Camp Hill, Pennsylvania
(the "Property").
B. Landlord and Tenant now desire to amend, in part, said Commercial
Lease as hereinafter provided.
C. Landlord and Tenant desire to confirm their understanding in writing.
NOW THEREFORE, Landlord and Tenant, each intending to be legally bound,
agree as follows:
1. Background. The background set forth above is incorporated herein.
2. Commercial Lease. The Commercial Lease, dated June 3, 2004, by and
between Landlord and Tenant is incorporated herein by reference and hereinafter called
"Lease."
0
3. Amendment to Lease. Subparagraph 3.13 of the Lease, Annual Base
Rent, is amended effective October 1, 2005 only as follows:
Lease Year
Annual Base Rent
Monthly Installment
10/1/2005-9/30/2006
$13,200.00
$2,200.00
The monthly installment of $2,200.00 per month shall be paid monthly commencing
April 1, 2006 in six (6) equal consecutive monthly installments in advance, on or before
the first day of each month through to September 1, 2006. The rent for the remaining
Lease Years shall remain as set forth in the Lease.
4. Balance of Lease. All other terms and conditions of the Lease,
specifically including, but not limited to, Paragraph 3 of the Lease, shall be and remain
in effect and the Lease shall only be amended as specifically herein provided.
IN WITNESS WHEREOF, Landlord and Tenant, by their duly authorized officers,
each intending to be legally bound, have caused this First Addendum to be signed and
delivered, in duplicate, as of the day and year first above written.
WITNESS:
WITNESS:
260450
LANDLORD:
Ron Mgye 's Servi enter, Inc.
Ronald Moye , ?Fesident
TENANT: '
M. L. Collare, In/c.
BY: l r
-2w, / Al
Mark E. Collare, President
V
CJ ^'
C " HIM
t= -T7
'
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cl>
Johnson, Duffle, Stewart & Weidner
By: David W. DeLuce
I . D. No. 41687
Elizabeth D. Snover
I.D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
RON MOYER SERVICE CENTER, INC.,
Plaintiff
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-158 CIVIL TERM
V.
MARK E. COLLARE and
LORI L. COLLARE,
Defendants
ARBITRATION
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please reinstate Plaintiff's Complaint in the above-captioned matter.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
&we-
Eliz*th D. Snover, Esquire
Attorneys for Plaintiff
DATE February 2, 2007
??
?r
It
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RON MOYER SERVICE CENTER, INC.,
Plaintiff
V.
MARK E. COLLARE and
LORI L. COLLARS,
Defendants
NO. 2007-158 CIVIL TERM
ARBITRATION
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendants, Mark E. Collare and Lori L. Collare,
in the above-captioned action.
LAW OFFICES OF CRAIG A. DIEHL
Date: D
By: ae-4 a I =_
Craig A Diehl, Esquire
Attorney for Defendant
Attorney I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
Telephone: (717)763-7613
Fax: (717)763-8293
t
CERTIFICATE OF SERVICE
AND NOW, this IS day of 2007, the
undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR
ENTRY OF APPEARANCE was served upon the opposing party by way of United States first
class mail, postage prepaid, addressed as follows:
David W. DeLuce, Esquire
Elizabeth D. Snover, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(Counsel for Plaintiff)
LAW OFFICES OF CRAIG A. DIEHL
By:
Barbara J. Smith, Legal Secretary
a rz?
ff (?3
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RON MOYER SERVICE CENTER, INC.,
Plaintiff NO. 2007-158 CIVIL TERM
V. ARBITRATION
MARK E. COLLARE and
LORI L. COLLARE,
Defendants
NOTICE TO PLEAD
TO: Ron Moyer Service Center, Inc., Plaintiff
c/o David W. DeLuce, Esquire
Elizabeth D. Snover, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Counsel for Plaintiff
You are hereby notified to file a written response to the enclosed New Matter
within twenty (20) days from service hereof or a judgment may be entered against you.
Date: 3 /61
LAW OFFICES OF CRAIG A. DIEHL
By: d44w6,,ZY,-V
Craig A. Diehl, Esquire
Attorney for Defendant
Attorney I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
Telephone: (717)763-7613
Fax: (717)763-8293
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RON MOYER SERVICE CENTER, INC., :
Plaintiff NO. 2007-158 CIVIL TERM
V. ARBITRATION
MARK E. COLLARE and
LORI L. COLLARE,
Defendants
ANSWER AND NEW MATTER
AND NOW come, Mark E. Collare and Lori L. Collare, by and through their
counsel, Law Office of Craig A. Diehl, filing this Answer with New Matter as follows:
1. Admitted.
2. Admitted.
3. Denied. The address set forth in the Complaint is inaccurate.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted.
13. Admitted.
14. Admitted.
15. Admitted.
r
16. Admitted.
17. Admitted.
18. Denied. Landlord agreed to waive the rent for the months of July and August
2005.
19. Denied. The rental payments due for July and August 2005 were waived by
Landlord in exchange for Defendants executing a Lease Addendum for another one (1)
yearterm.
20. Denied. The rental payments due for July and August 2005 were waived by
Landlord in exchange for Defendants executing a Lease Addendum for another one (1)
yearterm.
21. Admitted.
22. Denied. Defendants dispute the alleged damages owed to Plaintiff and strict
proof thereof is demanded at trial.
23. Denied. Defendants dispute the application of the security deposit as set
forth in the Complaint. Certain repairs were not necessary or done by Plaintiff at his
sole discretion.
24. Denied. Defendants dispute the application of the security deposit as set
forth in the Complaint. Certain repairs were not necessary or done by Plaintiff at his
sole discretion.
25. Denied. Defendants dispute the itemized calculation of damages alleged by
Plaintiff and strict proof thereof is demanded at trial.
26. Denied. No responsive pleading is required.
27. Admitted.
2
.
28. Denied. Defendants dispute the itemized calculation of damages alleged by
Plaintiff and strict proof thereof is demanded at trial.
29. Admitted. Defendants do not believe the sum being demanded is accurate.
30. Denied. Defendants dispute the application of the security deposit as set
forth in the Complaint. Certain repairs were not necessary or done by Plaintiff at his
sole discretion.
31. Denied. Defendants dispute the application of the security deposit as set
forth in the Complaint. Certain repairs were not necessary or done by Plaintiff at his
sole discretion.
WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be
dismissed, or in the alternative, that the proper sum of damages be determined.
NEW MATTER
32. The instant Complaint is barred by the doctrine of consent.
33. The instant Complaint is barred by the release by Landlord of the two (2)
months rental amounts in dispute.
WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be
dismissed, or in the alternative, that the proper sum of damages be determined.
3
LAW OFFICES OF CRAIG A. DIEHL
Date: G
By: , M Y,
Craig A. iehl, Esquire
Attorney for Defendant
Attorney I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
Telephone: (717)763-7613
Fax: (717)763-8293
4
VERIFICATION
I, MARK E. COLLARS, Defendant above-named, being duly sworn according to
law, deposes that the facts set forth in the foregoing Answer are true, as he verily
believes.
7
Date: 3 &?- 0
Mark E. Collare
VERIFICATION
I, LORI L. COLLARE, Defendant above-named, being duly sworn according to
law, deposes that the facts set forth in the foregoing Answer are true, as she verily
believes.
Date: A
I
Lori L. Collare
CERTIFICATE OF SERVICE
AND NOW, this r day of H , 2007, the
undersigned hereby certifies that a true and correct copy of the foregoing ANSWER was
served upon the opposing party by way of United States first class mail, postage
prepaid, addressed as follows:
David W. DeLuce, Esquire
Elizabeth D. Snover, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(Counsel for Plaintiff)
LAW OFFICES OF CRAIG A. DIEHL
By:
Barbara J. Smith, Legal Secretary
? ?
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f:- ??
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Johnson, Duffle, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
Elizabeth D. Snover
I.D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
RON MOYER SERVICE CENTER, INC.,
Plaintiff
V.
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007-158 CIVIL TERM
MARK E. COLLARE and
LORI L. COLLARE, ARBITRATION
Defendants
REPLY TO NEW MATTER OF DEFENDANTS
AND NOW, comes of the Plaintiff, Ron Moyer Service Center, Inc., by and through their
attorneys, Johnson, Duffle, Stewart & Weidner, P.C., and files this Reply to the New Matter of
the Defendants:
32. Denied.
33. Denied. It is specifically denied that Plaintiff Landlord released or in any way
waived the collection of rents for July 2005 and August 2005.
WHEREFORE, Plaintiff demands judgment against Defendant of at least Eight
Thousand Fifty Dollars and forty-four cents ($8,050.44) plus the additional charge of one and
one-half percent (1.5%) per month after January 8, 2006, which the Plaintiff is entitled to
pursuant to the Lease, together with all attorney's fees spent in connection with this collection
matter which will be determined at the time of trial, plus costs and interest all pursuant to the
2004 Lease Agreement and Guaranty.
JOHNSON, DUFFIE, STEWART & WEIDNER
Date:
By:
Eli beth D. Snover
Da id W. DeLuce
VERIFICATION
I, Ronald L. Moyer, President of Ron Moyer Service Center, Inc., verify that I am authorized to
make the statements herein and that the statements made in the foregoing Reply to New Matter are
true and correct to the best of my knowledge, information and belief. I understand that false
statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
Dated:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing Reply to New
Matter of Defendants upon all parties or counsel of record by depositing a copy of same in the
United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 21St day
of March, 2007, addressed to the following:
Craig A. Diehl, Esquire
3464 Trindle Road
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
By: a4l?m
Elizabeth Snover, Esquire
Attorney I.D. No. 200997
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
'TY
17 t
r C. ,.
SHERIFF'S RETURN - OUT OF COUNTY
t
CASE NO: 2007-00158 P
.COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MOYER RON SERVICE CENTER INC
VS
COLLARE MARK E ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
COLLARE LORI L
but was unable to locate Her
deputized the sheriff of YORK
to wit:
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
On March 16th , 2007 , this office was in receipt of the
attached return from YORK
Sheriff's Costs: So answers-
Docketing 18.00
Out of County 9.00
Surcharge 10.00 Thomas Kline
Dep York County 30.76 Sheriff of Cumberland County
Postage 2.70
70.46 J 3?a3/o {
03/16/2007
JOHNSON DUFFIE STEWART WEIDNER
Sworn and subscribe to before me
this day of
County, Pennsylvania, to
A. D.
141*1111t
COUNTY OF YORK
%CAL
OFFICE OF THE SHERIFF SER VICE
01L
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE MITHMMAIS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNiE 1 T# 12
DO NOT MACH ANY COPIES
1 PLAINTIFFIS! 2. COURT NUMBER
Ron Moyer Service Center Inc 7-15R C,5r, i
1. TYPE OF WRIT OR COMPLAINT C I CA
3. DEFENOANTIS/
Mark E. Collare et al Notice and Complaint
SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATIO , ETC TO SERVE O DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
Lori L .?
6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BO RID. TWP, STATE AND ZIP CODE)
AT 150 Lester Avenue York, PA 17404
7. INDICATE SERVICE: ? PERSONAL U PERSON IN CHARGE DEPUTIZE J ER MA U 1ST CLASS MAIL U POSTED J OTHER
NOW February 8 20 07 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute this a return the =ording
to law. This deputization being made at the request and risk of the plaintiff.,
SHERIFF OF
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. O/C CLinberland
Please mail return of service to Cmberland County Sheriff. Thank you.
ADV FEE PD BY CUMBERLAND CO SHERIFF
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pan of such deputy or the sheriff to any plaintiff
herein for any loss. destruction, or removal of any property before sheriffs sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED
DAVID DELUGE ESQ OF JOHNSON DUFFY STEWART & WEIDNER 727-761-4540 X1XS[/07
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed)
CUMBERLAND CO SHERIFF
SPACE B&O1W FOR USE OF THE SEW - DO NOT WF&M MOW THIS LM
13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date
or corer plat as indicated above. LT M M C G I L L 2/9/07 13/4/2007
16. HOW SERVED: PERSONAL( ) RESIDENCE POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW
17. O 1 hereby_ l ly and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.)
18. NAME A L OF INDNI L SERVED / LIST ADDRESS HERE IF NOT SHOViM A OVE (Relationship to Defendant) 19. Date of Service 20 Time of Service
.2 c/0 ; O'ff'
1. ATTEMPTS le
L9d Time s Int. Date Time Miles Int. Date Time Miles Irrt. Date Time Miles Int. Dale Time iles Int Date Time Miles Int.
t4 r ?
23. Advance Costs 24. Service Costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31 Surchg. 32 Tot. Costs 33 Costs D
100.00
7
p
V7 14)
34. Foreign County C 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. MAeage/Postage/Not Found 39. Total Costs 40 Costs ue or Refund
41
AFFIRMED pet SO ANSWERS
.
12 d of
ay TFP 44. Signa of
P 45. TE -,
NOTA FtfA S%ffAy,! NOTARY
L
8
I
1
7
S
? 46. Signature of York ? 7 OAT
.
A
0
IiAN, NOTARY PUBLIC County Sheriff
TY OF YORK,YORK000NTY FOR:WTLLIAM M HOSE SHERIFF 2
27 07
MYC
O
M
MISSIO N EXPiRESAUG
12
2009 /
/
.
, 48. Signature of Foreign 49 DATE
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