HomeMy WebLinkAbout02-3075COMMONWEALTH OF PENNSYLVANIA
COUNTY OF:
Mag. DlSt, No
09-1-02
DJ Name Hon.
I~OBERT V. t. La~F_,OVE
A~ 1901 STATE STP, EET
CAMP HILL, PA
Te[eohone 717 . 761- 0583
17011-0000
NOTICE OF JUDGMENT/TRANSCRIPT
PL^INTIONREslDENTIAL LEASE
FTWENTY ERFOP, D P.D ASSOC.,LP
20 ERFOKD ED
LEMOYN~, PA 17043
VS.
DEFENDANT: NAME and ADDRESS
FDNITED CART SERVICES, LLC, ET AL. --
1137 COUNTRY CLB RD
CAMP HILL, PA 17011
STEPHEN C. TAYLOR
1137 COUNTRY C[,B ED
CAMP HILL, PA 17011
THISIS TO NOTIFY YOU THAT:
Docket No.: LT- 0000234 - 02
Date Filed: 6/06/02
Judgment: FOR PLAINTIFF
~Z---] Judgment was entered for: (Name) ~ HRFOED RD ASSOC., LP
Judgment was entered against TAYLOR, STEPH~'N C n a
[] Landlord/Tenant action in the amoum of $ 8,130.88 on 6/17/02 iDate of JudgmenT)
The amount of rent per month, as established by the District Justice. is $ ~.
The total amount pi the Security Deposit is $ 1,271.81
T°talAm°untEstablish,~d,~Y,[~J,,[~ess'SecurityDepositApl~J~o = Adjudica[ed,,A,,~ou,~t,,
Rent in Arrears $ o, uu u. uu - $ . u u = $ ~, u u u. uu
Physical Damages Leasehold Property · O0 $ $ . O0
Damages/Unjust Detention ~ -- · O0 =
Defendants are jointly and severally liable
This case dismissed without preJualce.
Possession granieD.
.00 --$
Less Amt Due Defendant from Cross Complaint
Interest (if provided by lease)
L/T Judgment Amoum
Judgment Costs
Attorney Fees
Total Judgment
.oo = $ .OD
--$
-O0
$ .0~
$ 8.000.00
$
$ 8¢130.88
Post Judgment Credits $
Post Judgment Costs $_
Certified Judgment Total $
lot sat~sT~ea py ume pt eviction.
~_~ Possession granted if money judgment is
Possession not granted.
] Levy is stayed for days or ~- generally stayed.
D Objection to Levy has been filed and hearing will be held:
Date: Place:
Time:
ANY pARTy AGGRIEVED By A juDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER
THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF CouRTS OF THE
COURT OF COMMON PLEAS, CIVIL DIVISION.
YOU MUST INCLUDE A COP~i~~
~ ~/'~'{~) ~l~te ~'-~
I certify that this is a true a~.~c,.~y o~
My commission expires first Monday of Janu~n
AOPC 315S-99
, .SC PT
~i~,~h,~rOceedings con~
06.
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT ,JUSTICE JUDGMENT
COMMON PLEAS No. (~.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
Stephen C. Taylor 09-1-02 (DJ Manlove)
1137 Country Club Road CAmp H~I~ PA 17011
6/17/02 Twenty Erford Rd. Assoc., LP
Stemhen C. Taylo~ .........
~,. United Cart S~ervices, LLC, ~
This block will be signed ONLY when this notation is required under Pa.
Bradfor. Dorrance, Esquire
R.C.P.J.P. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgment for possession in this case.
If appellant was Claimant (see Pa. R.C.P.J.P.
No. 1001(6) in action before District Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NO TICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appel/ant was DEFENDANT(see Pa. R.C,P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAEClPE: To Prothonotary
Enter rule upon Twenty Erford Rd. A~soc., LP
~ e Name of appellee(s) , appellee(s), to file a complaint in this appeal
(Common Pleas No.~,~'-'-~)~3~__ ~' (_~10~["=7'~.~.~,~ w'''
-----! itmn twenty (20) days after serv~e"~[e or suffer entry of judgment of non pros.
Name of appellee($) appellee(s) Bradford Dorrance, Esquire
(717) 255-8014
{1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTER ED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
~ignat~e of Prothonotary or l~epu~
AOPC312-84 COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE coMPLAINT ' ;'
(Th/s proof of serv/ce MUST BE F/LED WITHIN FIVE (5) DA YS AFTER f/liRg the not/ce of appeal Check app//cab/e boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
; ss
AFFIDAVIT: I hereby swear or affirm that I served
SWORN (AFFIRMEE~AND S0'BscRIB:Eb BEt~O~E ME: ,
THIS DAY OF , 19 .
a copy of the Notice of Appeal, Common Pleas No. , upon the Distr'ict Justice designated therein on
(date of service} , 19_ , [] by personal service [] by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name)
oil
19--L~ bypersonal service [] by (certified) (registered) mail, sender's receipt attached hereto.
and further that I served the Rule to File a Complaint accompanyin~ the above N~tice of Appea~ upon the appellee(s) to
whom the Rule was addressed on , 19 [] bY p. ersc~nal selvice ~ by (certified) (registered)
mail, senderfs receipt attached he"reto. ~ ' . . - ,~s
Signature of offzcia/ before whom affidavit was made
,19 ,
Title of off¢czal
My commission expires on
~:~ Postage
- ~'~ Ceil[fled Fee
Reft irn Receipt Fee
[-1 (Endo~ ~zmnt Required)
Restric E d Deliver' Fee
(Endor~ ~nlent Requirec0
[ -
rThi ,,
:! OF NOTICE OF APPFAL AND RULE TO FfLE-'COMPLAINT
·. ED- WfTHIIV, FI VE (5 DA Y$ AFTER f//in.q ,ne no t/c~. of a~oeal. Check ap~ Iicab/e boxes.
COMMONW ,LT c EN .'
COUNTY O .__ DA~N_
AFFIDA~
] :
June 27
~ that I served
02-3075 Civil Term
' ~ppd~i'. Com~m~r~l'pl'eas No "~ ~oIn~the ~ '~" '
. District Justice designated therein , ~
June 27~ _ , ~dj)02 , [_~ b~ ~ersOnal service ~[ by (certlhed) (re[i[stered)~'~al[. sendcl's
nH upon the appellee ~name) ~ ~~o1['~ Rc]. 'A~.qom. . T,]~
2002 [] Dy personal serwce [] by (cer:ified) Ireg stered mai , sender,:s receiat attached h~tet ~.~
[X
~ j[ G~-~ L~' ~ '" ct ed heLe. to
T~tle of offic, ~
Rule .to FiJ~ a CoF0p!aJm acc~mp~,nyin] the above Notice 'of Appeal upon me. appellee(s) o
JuDe 27 1~2 , [ ~ . bV oersoea ;ervice [] nv (certifiedl (reg stere~ .
Bradford Dorranee,' Esquire Sig[atureo'a.~ia, t
TWENTY ERFORD ROAD
ASSOCIATES, LP,
Plaintiff
V.
UNITED CART SERVICES, LLC, and
STEPHEN W. TAYLOR,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:
:
: NO. 02-3075 Civil Term
:
:
CIVIL ACTION - LAW
:
NOTIC~
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
Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
TWENTY ERFORD ROAD
ASSOCIATES, LP,
Plaintiff
V.
UNITED CART SERVICES, LLC, and
STEPHEN W. TAYLOR,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:
:
: NO. 02-3075 Civil Term
:
:
:
: CIVIL ACTION - LAW
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE.
SI USTED QUIERE
DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,
USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA
DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA
ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE EN
FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN
CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,
LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN
PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA 0 ALIVIO QUE ES
PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO 0
SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PA/~A USTED.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
TWENTY ERFORD ROAD
ASSOCIATES, LP,
Plaintiff
Vo
UNITED CART SERVICES, LLC, and
STEPHEN W. TAYLOR,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
~
:
:
: NO. 02-3075 Civil Term
:
:
CIVIL ACTION - LAW
:
COMPLAINT
AND NOW, comes Plaintiff, Twenty Erford Road Associates, LP,
by and through its attorneys, Law Offices Stephen C. Nudel, PC,
and respectfully files this Complaint as follows:
1. Plaintiff Twenty Erford Road Associates, LP is a
Pennsylvania limited partnership, having an address of 20 Erford
Road, Lemoyne, Cumberland County, Pennsylvania 17043.
2. Defendant United Cart Services, LLC is a Pennsylvania
limited liability company with its last known address of 1137
Country Club Road, Camp Hill, Cumberland County, Pennsylvania,
17011.
3. Defendant Stephen W. Taylor is an adult individual with
a last known address of 1137 Country Club Road, Camp Hill,
Cumberland County, Pennsylvania, 17011.
4. Plaintiff is the owner of real property known as 20-20A
Erford Road, Suite 300A, Lemoyne, Cumberland County, Pennsylvania
("Premises").
5. On or about June 25, 2001, Plaintiff as Landlord and
Defendant United Cart Services, LLC as Tenant executed a
commercial Lease for the Premises ("Lease"). A true and correct
copy of the Lease is attached hereto and made a part hereof as
Exhibit "A".
6. On or about June 25, 2001, in consideration of the
Lease, Defendant Taylor individually executed a Guaranty,
unconditionally guarantying the obligation of Tenant,under the
Lease ("Guaranty"). A true and correct copy of the Guaranty is
part of the Lease which is attached hereto as Exhibit "A".
7. The Lease term began July 1, 2001, for a period of
three (3) years to terminate on June 30, 2004.
8. Under the terms of the Lease, monthly rent is as
follows:
Lease Year 1: $1,271.81
Lease Year 2: $1,309.97
Lease Year 3: $1,349.27.
9. Under the terms of the Lease, rent is due %n advance in
equal monthly amounts as set forth above payable to Landlord on
or before the first day of each month ("Rent").
10. Under the terms of the Lease, Tenant is required to pay
its prorata share of utilities, real estate taxes, insurance and
janitorial costs ("Additional Rent").
11. Under the terms of the Lease, should Defendant fail to
pay Rent, Additional Rent or other charges when due within seven
(7) days after written notice that such payment was not made when
due, Tenant shall pay to Landlord a late charge of $200.00 on any
such amount.
12. Under the terms of the Lease, all past due payments,
including the late charge, shall bear interest from the date due
at a rate of 15% per annum.
13. Under the tezms of the Lease, Tenant is in default when
Tenant has failed to pay Rent, Additional Rent or any other
charge due under the Lease and such failure has continued beyond
seven days after the date such amount was due.
14. Under the terms of the Lease, in the event of default,
the entire balance of Rent and all other sums payable under the
Lease for the entire balance of the tezm of the Lease become
immediately due and payable.
15. Under the terms of the Lease, Landlord, in the event of
default by Tenant, shall be entitled to collect from Tenant all
reasonable costs incurred by Landlord by virtue of such default,
including without limitation, loss of interim rent, advertising
costs, brokerage fees, the reasonable value of the time that
Landlord devotes to any attempt to secure another occupant for
the Premises, costs associated with preparing the Premises to be
shown to potential occupants and/or for occupancy by another
tenant, reasonable attorneys fees and expenses and Court costs.
COUNT I: BREACH OF LEASE
v. UNITED CART SERVICES, LLC
16. The averments set forth in paragraphs 1 through 16 are
incorporated herein by reference as if set forth at length.
17. Despite demand, Defendant United Cart Services, LLC,
(hereinafter "United Cart"), has refused to make timely payment
of all Rent, Additional Rent and other charges due to Plaintiff
since September 2001.
18. Despite request, as of the date of this pleading,
Defendant owes past due Rent and Additional Rent in the amount of
$10,757.39.
19. Pursuant to the terms of the Lease, Defendant United
Cart is liable to Plaintiff as follows:
Rent and Additional
Rent past due:
Late fees:
Accelerated Rent:
Interest @ 15%:
Costs:
Attorneys fees:
$10,757.39
$ 200.00
$27,980.97
$ 1,643.61
$ 100.00
$ 1,500.00
Total $42,181.97
WHEREFORE, Plaintiff respectfully requests Judgment on
behalf of Plaintiff and against Defendant United Cart in the
amount of $42,181.97 together with costs of suit and attorneys
fees.
COUNT II: EJECT~n~T
v. UNITED CART SERVICES, LLC
20. The averments set forth in paragraphs 1 through 20 are
incorporated herein by reference as if set forth at length.
21. It is believed and therefore averred that Defendants
have abandoned the Premises and no longer have rights to
possession of the Premises.
22. Moreover, under the terms of the Lease, in the event of
default Landlord may terminate the Lease and recover possession
from Tenant, using any rights or remedies provided by law or in
equity.
23. Defendant United Cart is in default under the terms of
the Lease for, among other reasons, failing to pay Rent when due
as set forth above.
24. To the extent Defendant United Cart remains in
possession of the Premises, it does so without the permission of
Plaintiff.
WHEREFORE, Plaintiff demands Judgment in Ejection against
Defendant United Cart for the Premises plus costs of suit and
attorneys fees.
COUNT III: BREACH OF LEASE
v. STEPHEN W. TAYLOR
25. The averments set forth in paragraphs 1 through 24 are
incorporated herein by reference as if set forth at iength.
26. The Guaranty executed by Plaintiff is an absolute and
unconditional Guaranty for full and prompt payment of all Rent and
other sums required to be paid by Tenant under the Lease.
27. Under the terms of the Guaranty, liability of the Guarantor
is direct and immediate and not contingent upon the pursuit of any
remedies against Tenant or any other party or security.
28. Under the terms of the Guaranty, Defendant Taylor guarantees
the payment and performance of all terms and conditions, covenants,
obligations, and agreements contained in the Lease, Qhich are required
to be performed by Tenant.
29. Under the terms of the Guaranty, Defendant Taylor promises
to pay Landlord upon demand for all expenses incurred in connection of
enforcing the Guaranty including, without limitation, reasonable
attorneys fees.
30. Despite demand, Defendant Taylor has refused to make
payment of all Rent, Additional Rent and other costs due to
Plaintiff since September 2001.
31. As of' the date of this pleading, Defendant Taylor owes
past due Rent and Additional Rent in the amount of $10,757.39.
32. Pursuant to the terms of the Lease and Guaranty,
Defendant Taylor is liable to Plaintiff as follows:
Rent and Additional
Rent past due:
Late fees:
Accelerated Rent:
Interest @ 15%:
Costs:
Attorneys fees:
$10,757.39
$ 200.00
$27,980.97
$ 1,643.61
$ 100.00
$ 1,500.00
Total $42,181.97
WHEREFORE, Plaintiff respectfully requests Judgment on behalf of
Plaintiff and against Defendant Taylor in the amount of $42,181.97
together with costs of suit and attorneys fees.
Respectfully submitted,
LAW OFFICES STEPHEN C. NUDEL, PC
Date:~ 5; ~(2~D~
Stephen C. Nudel, ~squire
Att'orney ID #41703
Mark W. Allshouse, Esquire
Attorney ID #78014
219 Pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorneys for Plaintiff
EXHIBIT A
F:~DATA~I~gal~Loca! T~nant I_tas~CartMaster-20Erford-w2
Ai~G: cr~ 6/5/01; 6/22/01
DATE OF LEASE:
LEASE
JuncoS_' , 2001
IDENTITY OF LANDLORD:
TWENTY ERFORD ROAD ASSOCIATES, L.P.
c/o Harrison & Grass
20 Erford Road, Suite 212
Lemoyne, Pennsylvania 17043
IDENTITY OF TENANT:
UNITED.CART SERVICE, LLC
· , Il 170t I
WITNESSETH:
ARTICLE 1-Grant and Premises
Landlord hereby leases to Tenant those certain premises (the "Premises") located at 20-20A
Erford Road, East Pennsboro Township, Cumberland County, Pennsylvania (the "Building")
consisting of approximately 1,204.875 square feet (inclusive of the 12.5% common area factor for
the Building) known as Suite 300A and depicted on Exhibit "A" attached hereto ("Suite 300A").
Tenant shall have, in addition, access to all common areas of the Building, including its parking
garage (the "Garage"); provided, however, that Tenant shall not disturb other tenants in the Building
and shall be responsible for any damage caused by its employees, agents and invitees (except normal
wear and tear) to the Building, common areas thereof, and the Premises.
ARTICLE 2 - Term
The Lease shall commence on the date Landlord completes Landlord's Work (hereafter
defined) and delivers possession of the Premises to Tenant (the "Commencement Date"). The term
hereof shall continue for three (3) years, unless sooner terminated or extended as provided herein.
Each "Lease Year" hereunder shall commence on either the Commencement Date or any anniversary
thereof and shall continue for a period of twelve (12) consecutive months.
ARTICLE 3- Renewal Option.
Provided Tenant is not in default hereunder, Tenant shall have the fight to renew the term
of this Lease for one (1) three (3) year period. To exercise Tenant's right to renew, Tenant must
provide Landlord with at least one hundred twenty (120) days prior written notice. If Tenant does
not provide such one hundred twenty (120) day notice, this Lease shall expire in accordance with its
terms.
ARTICLE 4-Interior Improvements
Prior to the Commencement Date, Landlord shall perfom~ the following (collectively,
"Landlord's Work"): (a) remove the small wall at entranceway; Co) re-paint the walls of the Premises
using the standard "Silver Bow" paint used for the majority of the Building; and (c) replace the
carpet at the Premises using building standard carpeting in a color chosen by Tenant fi:om the options
to be provided by Landlord. Tenant acknowledges that it has inspected the Premises and agrees that
the current physical condition and characteristics of the Premises are let unto Tenant AS IS, WHERE
IS, WITH ALL FAULTS, and without any representations, warranties, or certifications by Landlord,
except as otherwise expressly set forth herein. Landlord specifically excludes and disclaims all
warranties, whether express or implied, of merchantability, fitness for a particular purpose, and
inhabitability. Landlord neither makes nor adopts any warranty, express or implied, as to any items
of property, real, personal, or mixed, being leased to Tenant under and pursuant to the terms and
conditions of this Lease which may be contained in, upon, or under the Premises or elsewhere.
Tenant shall pay the cost of any change orders initiated by Tenant. In addition to the foregoing,
Tenant has requested and Landlord has agreed to permit Tenant to install a kitchenette at Tenant's
cost and expense substantially consistent with the schematic shown on Exhibit "A" attached hereto.
ARTICLE 5- Rent
(a) Initial Term. Tenant shall pay rent as follows:
Lease Year
Annual Rent
Monthly Rent
1 $15,261.75 $1,271.81
2 $15,719.60 $1,309.97
3 $16,191.19 $1,349.27
Option Period:
4 $16,676.93 $1,389.74
5 $17,177.23 $1,431.44
6 $17,692.55 $1,474.38
(b) Payment Mechanism. Tenant shall pay rent in advance in equal monthly amounts by
good check payable to Landlord, without any offset or demand therefor, on or before the first day
of each month. ."~ ~-
ARTICLE 6 " ' ~ '
- Seeur~ l)eposlt
Landlord acknOWledges receipt fi-om Tenant of the Security Deposit of One Thousand Two
Hundred Seventy-One and 81/100 ($1,271.81) Dollars to be held as collateral secul'ity for the
payment of any rentals and other sums of money payable by Tenant under this Lease, and for the
faithful performance of all other covenants and agreements of Tenant hereunder; the amount of said
deposit, without interest, to be repaid to Tenant after the termination of this Lease and any renewal
thereof, provided Tenant shall have made all such payments and performed all such covenants and
agreements. Upon any default by Tenant hereunder, all or part of said deposit may, at Landlord's
sole option, be applied on account of such default, and thereafter Tenant shall promptly restore the
resulting deficiency in said deposit upon demand. Tenant hereby waives the benefit of any provision
of law requiring such deposit to be held in escrow or in trust, and said deposit shall be deemed to be
the property of Landlord and maybe commingled with Landlord's other funds. Landlord may deliver
the funds deposited hereunder by Tenant to any purchaser of Landlord's interest in the demised
premises and thereupon, Landlord shall be discharged fi-om any further liability with respect to such
deposit.
ARTICLE 7 - Utilities and Other Charges
(a) Utilities. Landlord shall pay all charges when due for electricity for the Building,
heat, air conditioning, water, sewer rental, building trash collection, snow removal and landscaping
and all other charges or expenses incurred by Landlord in connection with the operation,
maintenance, management and repair of the Building, including the Premises (collectively, the
"Operating Expenses"). Landlord's payments of Operating Expenses, annualized for the calendar
year 2000, shall be deemed the "Base Amounts" hereunder. To the extent that, in any subsequent
year, Operating Expenses exceed the Base Amounts, Tenant shall pay its pro rata share of such
excess, within thirty (30) days after Tenant's receipt of Landlord's invoice for such amounts.
Landlord reserves the right to bill for such amounts monthly, quarterly, semi-annually or annually
at Landlord's election. For charges not specifically allocated to the Premises, Tenant's p. Lq rata share
shall be a fraction, the numerator of which is one thousand two hundred four and eight hundred
seventy-five thousandths (1,204.875) and the denominator of which is the total number of leasable
square feet in the Building (exclusive of the parking garage).
Co) Real Estate Taxes and Insurance. Landlord shall pay the real estate taxes on the
Building, including the Premises, and the land thereunder. Landlord shall maintain and pay for
adequate fire, flood and extended coverage insurance upon the Building, including the Premises
(collectively, the '~r & I Charges"). Landlord's T & I Charges, annualized for the calendar year
2000, shall be deemed the "Base Amounts" for the T & I Charges. To the extent the T & I Charges
exceeds the Base Amounts in any subsequent year, Tenant shall reimburse Landlord for a P_Lg. rata
share (as defined in subpara. 7(a) above) of such excess T & I Charges within thirty (30) days after
Tenant's receipt of Lan~'s invoice for such amounts. Landlord reserves the right to bill for such
mounts monthly, qu '.m'terly, semi-annually or annually at Landlord s election.
(c) JanitOrial Costs. Landlord shall provide reasonable janitorial services for the
Building. Tenant shall pay, as additional monthly rent, 1/12th of Tenant's pro-rata share of
estimatedj anitorial costs for the year. At the end of each year, Landlord will reconcile the difference
in actual costs with the estimates paid by Tenant. Tenant shall pay within thirty (30) days of receipt
of Landlord's reconciliation any balance owed to Landlord. Landlord shall credit Tenant for any
prior overpayment.
(d) Contents Insurance and Taxes Borne by Tenant. Tenant shall insure the contents of
the Premises, at its expense, against fire, flood or other casualty. Tenant shall pay any ad valorem,
mercantile, corporate, use, occupancy or other similar taxes which may be levied on the operation
of Tenant's occupancy or business in the Premises.
ARTICLE 8 - Parking
For the duration of this Lease, Tenant, at no cost, shall have the use of unreserved parking
spaces in the parking garage connected to the Building (the "Garage") in common with the other
tenants of the Building. Landlord shall not be responsible in any way for vehicles (or personal
property therein) parked in the Garage or in the outdoor parking areas adjacent to the Building.
Tenant assumes full responsibility with respect to such vehicles.
ARTICLE 9 - Possession
· Landlord shall endeavor to finish Landlord's Work and deliver possession of the Premises
to Tenant on or before July 1, 2001.
ARTICLE 10 - Subleasing and Assignment
Tenant may not sublease or assign any portion of the Premises without the consent of
Landlord which will not be unreasonably withheld; provided, Landlord shall have the right to
recapture the Premises thereby terminating Tenant's obligations hereunder in the event of any
proposed sublease or assignment. Landlord's consent to any assignment or subletting by Tenant
shall not release Tenant or its guarantor from any of its obligations to Landlord under this Lease.
Landlord's consent to a proposed assignment or sublease shall not be deemed a consent to any future
proposed assignment or sublease of this Lease or the Premises. Tenant shall provide Landlord with
ninety (90) days written notice of any proposed sublease. On any sublease, Landlord and Tenant
shall share equally any rental payments in excess of the rent due hereunder.
ARTICLE 11 - Building Directories and Signs
Tenant shall h?it~the right to be named in the existing building directory in a manner
consistent with simil~ly .~ized spaces for other tenants in the Building.
ARTICLE 12 - Repairs ·
(a) Landlord's Responsibilities. Landlord shall maintain the Building so that it is fit for
its intended use as an office building. Subject to Tenant's repair obligations in paragraph 12Co)
below, during the tema hereof, Landlord shall make repairs to the roof and exterior walls, windows
and doors, and integral building systems which serve more than Tenant's Premises, including
plumbing facilities, water supply, sewage disposal systems, heating and air conditioning facilities,
electric wiring and lighting systems, and parking areas to the extent necessary to maintain such items
in working order.
(b) Tenant's Responsibilities. Tenant shall be responsible for any and all interior, non-
structural repairs to the Premises, including any electrical, lighting or communication transmission
systems exclusively serving the Premises. Tenant also shall be responsible for any repairs
occasioned by the negligence or wilful misconduct of its employees, agents or invitees, shall keep
the Premises clean and shall dispose of all rubbish, garbage and trash in a clean and sanitary manner.
(c) Emergency Repairs. If, in the event of an emergency, immediate repairs become
necessary that are Landlord's responsibility hereunder, Tenant shall notify Landlord of same by
telephone or telefax and Landlord shall effect such repairs with reasonable promptness in light of
the circumstances.
ARTICLE 13 - Alterations
Tenant, at its expense, may make interior, nonstmctural or insubstantial structural alterations
and improvements to the Premises, with Landlord's prior written consent. No alterations or
improvements shall be made by Tenant without its first having secured all necessary governmental
permits or approvals, releases against mechanics' liens, adequate liability and workers' compensation
insurance for the project and Landlord's consent.
ARTICLE 14 - Use of the Premises
Tenant shall maintain in the Premises as business offices for its supermarket support business
in accordance with applicable law, and for no other purpose. No manufacturing, repair work,
cleaning, fabrication or other similar non-administrative services offered by Tenant shall be
conducted at the Premises. Tenant shall not use or pemait the Premises to be used in violation of any
applicable statute, ordinance, rule or regulation or the requirements of Landlord's insurance
underwriter. In addition, Tenant agrees to comply with all reasonable rules and regulations
governing the use and occupancy of the Building established by Landlord from time to time.
ARTICLE lS- Liab?i~Insurance
Tenant, durin~'~e'entire term hereof, shall keep in full force and effect a policy of public
liability andproperty damage insurance covering the Premises and the use and operation thereof with
limits of Two Million ($2,000,000) Dollars per person and accident and Five Hundred Thousand
($500,000) Dollars for property damage. Said policy shall name Landlord, Landlord'~ lender and
Tenant as insured and shall provide that the insurer will not cancel or change said insurance without
first providing Landlord with thirty (30) days prior written notice. A copy of the policy or a
certificate of insurance shall be delivered to Landlord promptly aRer execution of this Lease.
ARTICLE 16 - Mutual Waiver of Subrogation
Each policy of property damage insurance by Landlord and Tenant shall provide that the
insurer waives any right of subrogation against the other in connection with or arising out of any
damage to property contained in the Premises caused by fire or other covered risks or casualties. In
the event that such waiver is obtainable only at additional expense, then the party seeking such
waiver either shall pay the cost thereof, or the other party shall be relieved of its obligation to obtain
such waiver. Neither party nor its agents, employees or invitees shall be liable to the other for loss
or damage caused by any risk covered by such insurance, provided such policies shall be obtainable.
ARTICLE 17 - Damage or Destruction
In the event of damage to the Premises, rent and other charges payable by Tenant shall abate
wholly or proportionately, as the case may be, during any period of untenantability. II'said damage
cannot practicably be repaired within ninety (90) days, Landlord shall have the option to terminate
this Lease upon thirty (30) days written notice.
ARTICLE 18 - Condemnation
Ir'the Building (or such portion thereof as to materially impair Tenant's operations within the
Premises) shall be acquired or condemned by Eminent Domain for any public or quasi-public use
or purpose, this Lease shall be void and of no effect from the effective date of such taking. Tenant
shall have no interest in, nor be entitled to share in, any portion of the condemnation award relating
to the Building, the Premises, the unexpired term of this Lease or the value of the leasehold interest,
and Tenant hereby assigns all of the foregoing to Landlord. Tenant shall join in petitions or other
filings on behalf of Landlord, as necessary to effectuate said assignment. In the event of
condemnation, Tenant shall be entitled only to recover damages with respect to Tenant's moving
expenses and fixtures and equipment in the Premises, provided said recovery can be obtained
without diminishing Landlord's recovery.
ARTICLE 19 - Subordination
This lease is and shall be subject and subordinate at all times to the lien of any mortgages
now or hereafter placed by Landlord on the Building and land thereunder. Tenant shall execute and
deliver to Landlord upon demand an instrument subordinating this Lease to the lien of any present
or future mortgage as may be requested by any mortgagee of the Building. At the request of any
holder of any such mortgage, or the purchaser at any foreclosure sale or at any sale under a power
of sale contained in such mortgage, Tenant shall attom to and recognize such mortgagee .or purchaser
as the Landlord under this Lease for the balance of the term of this Lease, including any renewal
periods hereof, subject to all of the terms of this Lease.
The temx "mortgage" includes mortgages, deeds of trust or similar instruments, including all
modifications, consolidations, extensions, renewals or replacements thereof or substitutes therefor.
ARTICLE 20 - Past Dae Payments
Should Tenant fail to pay rent or any other charge due hereunder within seven (7) days after
written notice that such payment was not made when due, Tenant shall pay to Landlord a late charge
of $200.00 and any such unpaid amount, including the late charge, shall bear interest fi:om said due
date at a rate of fifteen (15%) percent per annum (the "Default Rate").
ARTICLE 21 - Default
Tenant shall be in default of this Lease iff (a) Tenant shall have failed to pay rent or any
other charge due hereunder and such failure has continued beyond seven (7) days after the date such
amount was due; (b) Tenant shall have failed to undertake and reasonably pursue a cure of any
default in perfomiance of any other obligation hereunder within thirty (30) days after the mailing by
Landlord to Tenant of a written notice of default; (c) a judicial sale or seizure of Tenant's goods on
the Premises shall have occurred; or (d) the filing of any petition in bankruptcy, insolvency or other
debtors' proceedings by or against Tenant, or the adjudication in bankruptcy of the Tenant or the
appointment of a receiver or trustee for the Tenant by any Court, which appointment shall not have
been vacated and removed within sixty (60) days fi:om the date of such appointment; or (e) if Tenant
shall have made an assignment for the benefit of creditors.
In the event of any such default, the whole balance of rent and all other sums payable
hereunder for the entire balance of the temt of this Lease herein reserved or agreed to be paid by
Tenant, or any part thereof, shall become immediately due and payable and Landlord may: (a) take
immediate possession of the Premises, as though this Lease had expired, which action shall not be
considered an eviction, forceable entry, or holding back of the Premises, Tenant having forfeited
possession by such default; and/or (b) terminate this Lease and recover possession fi:om Tenant,
using any rights or remedies provided by law or in equity; and/or (c) collect, as provided by law, any
and all rent and other charges due hereunder (including the accelerated rent and other charges
provided above), along with interest at the Default Rate and reasonable attorney's fees and costs;
and/or (d) demand such amount fi.om the proceeds of any sale of Tenant's goods that may occur.
Landlord, in ge et~nt of any default by Tenant, shall be entitled to collect fi:om Tenant all
reasonable costs incufi'~d b'y Landlord by virtue of such default, including without limitation loss of
interim rent, advertising costs, brokerage fees, the reasonable value of time that Landlord devotes
to any attempt to secure another occupant for the Premises, costs associated with preparing the
Premises to be shoTM to potential occupants and/or for occupancy by another tenant;reasonable
attorney's fees and expenses and court costs.
Tenant hereby waives prior notice to remove or vacate as may be provided in the Landlord
and Tenant Act of Pennsylvania, Act of April 6, 1951, as amended, or any similar or successor
provision of law. Landlord may proceed with any action at law or in equity without such notice.
No right or remedy provided herein is intended to be exclusive of any other right or remedy
herein or by laws prOvided, but each shall be cumulative and in addition to every other right or
remedy given herein or now or hereafter existing at law or in equity.
ARTICLE 22 - Holdover
Should Tenant remain in possession ofanypart of the Premises (or anyparking area reserved
for Tenant's use) after the end of this Lease, such holding over shall create a tenancy fi.om month°to-
month, terminable on thirty (30) days written notice from either party to the other. Tenant shall pay
for the duration of such holding over two hundred (200%) percent of the rent payable during the
most recent Lease Year hereofi All other terms and provisions of this Lease shall remain in effect.
ARTICLE 23 - Access to Landlord
Landlord may advertise the Building for sale at any time and the Premises as being for rent
during the six (6) months prior to expiration of this Lease. Upon prior notice to Tenant, Landlord
or its agents shall have the fight to enter the Premises at reasonable times to examine same, to show
the Premises to prospective occupants or to make such repairs or alterations as Landlord deems
necessary or desirable, provided such repairs shall not unreasonably interfere with Tenant's
occupancy of or business in the Premises.
ARTICLE 24 - Surrender
At the end of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and
in good order and repair in the condition that the Premises was in on the Commencement Date,
ordinary wear and tear excepted. Tenant, if not in default, may remove its furniture, equipment,
trade fixtures or other personal property from the Premises. Tenant shall repair promptly any
damage caused by such removal.
Tenant hereby waives all right to advance notice by Landlord of the end of the term or
renewal period hereof under any laws now or hereafter in effect.
ARTICLE 25 - Esto,~Pel Statement
Tenant agrees to deliver, within ten (10) days after request by Landlord, an estoppel
certificate to any proposed mortgagee or purchaser, or to Landlord, certifying (if such be the case)
that this Lease is in full force and effect and that there are no offsets or defenses hereto, or stating
those claimed by Tenant.
ARTICLE 26 - Force Majeure
If either party shall be hindered or delayed in or prevented fi:om the performance of any act
required hereunder by reason of strikes, lock-outs, labor trouble, inability to procure materials,
failure of power, restrictive government laws or regulations, riots, insurrection, war or other reason
of like nature not the fault of the party delayed, then performance of such act shall be excused for
the period of the delay. This Article shall not excuse Tenant fi:om the timely payment of rent or any
other charges required hereunder, except as same may be excused during delay in completion or
delivery to Tenant of the Premises.
ARTICLE 27 - Broker's Fee
Landlord and Tenant mutually warrant to each other that no real estate brokers are entitled
to a commission, finder's fee or other compensation as a result of this Agreement, and that neither
party has employed or engaged a real estate broker or agent to effectuate this Agreement other than
NAI / Commercial-industrial Realty Co. who shall be paid a commission by Landlord pursuant to
a separate agreement. Landlord and Tenant shall indemnify, defend and hold each other harmless
fi:om and against any claims by any broker or agent other than NAI / Commercial-Industrial Realty
Co. for a commission, finder's fee or other compensation arising from the execution and delivery of
this Agreement.
ARTICLE 28 - Landlord's Title
Landlord covenants and warrants to Tenant that Landlord has good and marketable title to
the Building and the land thereunder, and that Landlord's title is subject only to the usual title
objections, if any, not capable of interfering with Tenant's beneficial use of the Premises, or any part
thereof, as penuitted by this Lease. Tenant acknowledges that except for Landlord's completion of
Landlord's Work and Landlord's repair obligations as provided above, Tenant is accepting the
Premises in as-is, where-is condition. Except as expressly provided herein, Landlord has made no
representations or warranties concerning the Building, the Premises or either of their fitness for a
particular purpose.
ARTICLE 29 - Liens
Tenant shall k$~the Building, including the Premises, free and discharged of mechanics'
and materialmen's heng. and encumbrances affecting the leasehold interest created hereunder that are
the results of act(s) ot~0mi§sion(s).
ARTICLE 30 - Notices
All notices hereunder shall be in writing and sent by U.S. mail, certified, return receipt
requested or national overnight courier service to the addresses set forth on the first page of this
Lease or such other addresses as the parties hereafter may designate in writing (and send by U.S.
mail, certified, return receipt requested) to one another.
ARTICLE 31 - Successors and Assigns
Subject to paragraph 10 hereof, this Lease shall be binding upon and inure unto the benefit
of the parties hereto and their respective legal representatives, heirs, successors and assigns.
ARTICLE 32 - Submission Not an Option
The submission of this document for examination does not constitute an option or offer to
lease the Premises. This document shall have no binding effect unless executed by Landlord and
Tenant and unless a fully executed version of same shall have been delivered to both Landlord and
Tenant.
ARTICLE 33 - Exoneration of Individuals
For satisfaction of any available remedy in connection with this Lease, Tenant shall look
solely to the equity of Landlord in the Building and the rents and profits derived by Landlord
therefrom.
ARTICLE 34 -Final Understanding
This Lease represents the final understanding between Landlord and Tenant, and no oral
statements or representations or prior written matter not contained in this document shall have any
force and effect or be admitted for any purpose in any proceeding at law or in equity. The
obligations of each party hereto cannot be changed or modified except by a writing executed by both
Landlord and Tenant.
10
ARTICLE 35 - Quiet Enioyment
Upon paying ~t and performing all of the covenants and conditions of this lease, Tenant
may peaceably have, ~old."~nd enjoy the Premises for the term hereof fxom Landlord, its agents and
employees. ..9 ' ,'
IN WlTNESS/'Wl:IEREOF duly authorized representatives of Landlord and Tenant have
signed and sealed this Lease as of the day and year first above written.
WITNESS:
LANDLORD:
T~rENTY ERFORD RD. ASSOCIATES, L.P.
By: Twenty Erford Rd. General Partner Corporation,
Its General Partnership
13y: p/g lip ar ov tz/ eal)
Executive Vice President
TENANT:
UNITED CART SERVICE, LLC
Title: rn ~o~ ~ ~ 6',
(Seal)
11
GUARANTY
In consideration of and as an inducement for the granting, execution and delivery of a certain lease, dated
· (hereinafter called "Lease"), by TWENTY ERFORD ROAD ASSOCIATES, L.P., the Landlord
therein named (hereinafter called "Landlord"), to UNITED CART SERVICE, LLC, the Tenant therein named
(hereinafter called "Tenant") regarding space at 20-20A Erford Road, East Peunsboro Township, Cumberland
County, Pennsylvania, and in fitrther consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration paid by Landlord to the undersigned, Stephen W. Taylor (hereinafter called "Guarantor"), hereby
guarantees to Landlord, its successors and assigns, the full and prompt payment of all rent and additional rent and
any and all other sums (including, without limitation, interest and late charges) and charges payable by Tenant, its
successors and assi~ under the Lease, and the full, faithful and prompt performance and observance of all the
covenants, terms, conditions and agreements therein provided to be performed and observed by Tenant, its
successors and assigns; and Guarantor does hereby become surety to Landlord, its successors and assigns for and
with respect to all of the aforesaid obligations of Tenant under the Lease. Guarantor hereby covenants and agrees to
and with Landlord, its successors and assigns, that if default shall at any time be made by Tenant, its successors and
assigns, in the payment of any such rent or other sums or charges payable by Tenant under the Lease or in the
performance of any of the covenants, terms, conditions or agreements contained in the Lease, Guarantor will
forthwith pay such rent or other sums or charges to Landlord, its successors and assigns, and any arrears thereof, and
will forthwith faithfully perform and fulfill all of such covenants, terms, conditions and agreements, and will
forthwith pay to Landlord all damages and all costs and expenses that may arise in consequence of any default by
Tenant, its successors and assigns, under the Lease (including, without limitation, all attorneys' fees incurred by
Landlord or caused by any such default and/or by the enforcement of this Guaranty).
This Guaranty is an absolute and unconditional guaranty of payment and of performance and is a surety
agreement. Guarantor's liability hereunder is direct and may be enforced without Landlord being required to resort
to any other right, remedy or security and this Guaranty shall be enforceable against Guarantor, and Guarantor's
heirs, executors, administrators, successors and assigns, without the necessity for any suit or proceedings on
Landlord's part of any kind or nature whatsoever against Tenant, its successors and assigns, and without the necessity
of any notice of non-payment, non-performance or non-observance or the continuance of any such default or of any
notice of acceptance of this Guaranty or of Landlord's intention to act in reliance hereon or of any other notice or
demand to which Guarantor might otherwise be entitled, all of which Guarantor hereby expressly waives; and
Guarantor hereby expressly agrees that the validity of this Guaranty and the obligations of Guarantor hereunder shall
in nowise be terminated, affected or impaired by reason of the assertion or the failure to assert by Landlord against
Tenant, or Tenants successors and assigns, of any of the rights or remedies reserved to Landlord pursuant to the
provisions of the Lease.
This Guaranty shall be a continuing Guaranty, and (whether or not Guarantor shall have notice or
knowledge of any of the following) the liability and obligalion of Guarantor hereunder shah be absolute and
unconditional and shall remain in full force and effect without regard to, and shall not be released, discharged or in
any way impaired by (a) any amendment or modification of, or supplement to, or extension or renewal of, the Lease
or any assi~ment or transfer thereof or sublease thereunder, in whole or in part; 00) any exercise or non-exercise of
any right, power, remedy or privilege under or in respect of the Lease or this Guaranty or any waiver, consent or
approval by Landlord with respect to any of the covenants, terms, conditions or agreements contained in the Lease or
any indulgences, forbearances or extensions of time for performance or observance allowed to Tenant from time to
time and for a~y length of time; (c) any bankruptcy, insolvency, reorganization, arrangement, readjustment,
composition, liquidation or similar proceeding relating to Tenant, or any of its successors and assigns or their
properties or creditors or any discharge of the obligations of its successors and assigns in any such proceeding;
(d) any limitation on the liability or obligations of Tenant under the Lease or its estate in bankruptcy or of any
remedy for the enforcement thereof, resulting from the operation of any present or future provision of the Bankruptcy
Code or any other statute or from the decision of any court; or (e) any transfer by Tenant or any assignment of its
12
interest under the Lease.
Guarantor agrees that it shall have no right to be subrogated to Landlord's interest in the Lease until all
amounts owing to Landlord ~.c been paid in full. Guarantor's aforesaid right of subrogation shall be Guarantor's
sole remedy agahast Tena~t,~ and Guarantor hereby waives any right to indemnification which Guarantor may have as
against Tenant. Guaranto'i:dm'ddrstands and agrees that the exercise by Landlord of certain rights and remedies
contained in the Lease and hereunder may affect or eliminate Guarantor's right of subrogation against Tenan~ and
that Guarantor may therefore incur a partially or totally non-reimbursable liability under thi.~ Guaranty; nevertheless,
Guarantor hereby authorizes and empowers Landlord to exercise, in its sole discretion, any right and remedies, or
any combination thereof, which may then be available to Landlord, since it is the intent and purpose of Guarantor
that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances.
Ir'Tenant defaults under the Lease and Landlord is prevented from accelerating or collecting rent and other
sums under the Lease (whether because of Tenanfs bankruptcy or any other reason), Landlord shall be entitled to
receive from Guarantor, upon demand by Landlord, the sums which would have otherwise been due and payable
aRer default under the Lease had such acceleration occurred and had Landlord been permitted to collect such sum~
from Tenant.
If Landlord employs counsel to enforce this Guaranty by suit or otherwise, Guarantor will reimburse
Landlord, upon demand, for all expenses incurred in connection therewith (including, without limitation, reasonable
attorneys' fees) whether or not suit is actually instituted.
If any provision of this Guaranty is held to be invalid or unenforceable by a court of competent jurisdiction,
the other provisions of this Guaranty shall remain in full force and effect and shall be liberally construed in favor of
Landlord in order to effectuate the provisions of this Guaranty.
Guarantor agrees that this Guaranty and all questions relating to its validity, interpretation, performance and
enforcement (including, without limitation, provisions concerning limitations of actions), shall be governed by and
construed according to the laws of the Commonwealth of Peunsylvania regardless of where the residence or domicile
of Guarantor is now or may hereafter be located. This Guaranty shall be coustmed without the aid of any canon,
custom or role of law requiting construction against the draitsman.
Guarantor hereby consents and submits to personal jurisdiction within the Commonwealth of Pennsylvania
for purposes of any litigation arising under or relating to this Guaranty and agrees that service of process may be
made, and personal jurisdiction over Guarantor obtained, by serving a copy of any stu~ul~ons and complaint upon
Guarantor at thc address set forth below the signatures at the end of this Guaranty in accordance with the applicable
laws of the Commonwealth of Pennsylvania. Guarantor hereby agrees that an action, suit, or proceeding to enforce
this Guaranty may be brought in any state or federal court in the Commonwealth of Pennsylvania and hereby waives
any objection which Guarantor may have to thc laying of thc venue of any such action, suit or proceeding in any such
court. Nothing herein contained, however, shall prevent Landlord from bringing any action or exercising any right
against Guarantor within any other jurisdiction or state.
GUARANTOR AND LANDLORD HEREBY KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY 1N RESPECT OF ANY
LITIGATIOI~ BASED ON THIS GUARANTY OR THE LEASE OR ARISING OUT OF, UNDER OR IN
CONNECTION WITH THIS GUARANTY OR THE LEASE, OR ANY COURSE OF CONDUCT, COURSE OF
DEALING, STATEMENT (WHETHER VERBAL OR WRITTEN) OR ACTION OF GUARANTOR OR
LANDLORD. TH~S PROVISION IS A MATERIAL INDUCEMENT FOR THE LANDLORD'S ENTERING
INTO THIS LEASE.
All of Landlord's rights and remedies under the Lease and under this Guaranty are intended to be distinct,
13
separate and ounulative and no such fight and remedy therein or herein mentioned is intended to be in exclusion of
or a waiver of any of the others. No t¢iofination of the Lease or taking or recovering of the Premises demised
thereby shall deprive Landlord of any of its fights and remedies against Guarantor under thi~ Guaranty. This
Guaranty shall apply to Tenant's obligations pursuant to any extension, renewal, amendment, modification and
supplement of or to the Lease as well as to Tenant's obligations thereunder during the Original term thereof in
accordance with the original provisions thereof and shall apply after any assi~nrne~nt oftbe Lease or subletting of all
or portions of the Premises derni.~ed under the Lease.
This Guaranty shall be legally binding upon Guarantor and Guarantors heirs, executors, administrators,
successors and assigns and shall inure to the benefit of Landlord and its successors and assi~g. If there is more than
one person named herein as Guarantor, they all shall be bound jointly and severally by the covenants, terms,
conditions and agreements contained herein and the word "Guarantor" shall be deemed and taken to mean each and
every person named herein as Guarantor.
IN WITNESS WHEREOF, Guarantor, intending to be legally bound hereby, has executed this Guarauty
under seal, this 25* day of Sune, 2001.
Witness or Attest:
STEPHLffN W. TAYLQ~
Address:
1137 Country Club Road
Camp Hill, PA 17011
3.4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
On this, th~_ day of ~o . ~!, before me, the subscfiber,.~a No,tary PubLic in and for the
Colu,',~nwealth and County aforesaid, personally appeared ~ b~, [O.t~[~ C. known to me to be the person(s)
whose name(s) is (are) subscrFoed to the v~thln Guaranty, and a~knowledged ~at he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF,. I hereunto set my hand'official seal.
My Commission Expires:
(Notarial Seal)
I Ch~.. na R. Clernmer, Notary Public
I,,.. C~'st~irg, Dauphin County
Em), sslon Expires Oct. 13, 2003
15
,-0
VERIFICATION
I, Martin L. Grass, Vice President of Twenty Erford RD
General Partner Corporation, general partner of TWENTY ERFORD
ROAD ASSOCIATES, LP, being authorized to do so, verify that the
statements in the foregoing document are true and correct to the
best of my knowledge, information and belief.
I understand that any false statements herein are made
subject to the penalties of 18 Pa.C.S.A. Section 4904, relating
to unsworn falsification to authorities.
TWENTY ERFORD ROAD ASSOCIATES, LP,
by its general partner,
Twenty Er~o~d RD~ener~l Partner
~Y: ~' ~ ' \vi ~'~J
M~rtin L. Gras~
Vice President
TWENTY ERFORD ROAD
ASSOCIATES, LP,
Plaintiff
V.
UNITED CART SERVICES, LLC, and
STEPHEN W. TAYLOR,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-3075 Civil Term
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICR
I hereby certify that a copy of the foregoing has been duly
served upon the following, by depositing a copy of the same in
the United States Mail, first-class, postage prepaid, at
Harrisburg, Pennsylvania, as follows:
Bradford Dorrance, Esquire
Keefer Wood Allen & Rahal, LLP
210 Walnut St.
P.O. Box 11963
Harrisburg, PA 17108-1963
Ma~k W. Allshous~, Esquire
A~torney ID #78014
219 Pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorney for Plaintiff