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HomeMy WebLinkAbout94-02217 , ~I ,- ~ ~ ~\ '~~ ~ \ c c: 0- d c: 't ~ J J c- - co (Q Central Penn Tennis Service, Inc., Daryl Hall, Thomas Sweitzer and Robert H, Schott,: No, 94-2217 Civil Universal Suppliers, Inc., Plaintiff In the Court of Common Pleas of Cumberland County v, Civil Action - Law Jury Trial Demanded Defendants ANSWER AND NOW, Defendants, Central Penn Tennis Service, Inc., Daryl Hall, Thomas Sweitzer and Robert H, Schott, by and through their attorneys, Hetrick, Zaleski, Ernico & Pierce, P.C., file this Answer and aver in support thereof as follows: Count I 1, Admitted on information and belief, 2. No response required, A. Denied. Central Penn Tennis Service, Inc., is a Pennsylvania business corporation, Currently, Central Penn Tennis Service, Inc., is not operating and has no address, B. Admitted. C, Admitted. D. Admitted, 3. Admitted on information and belief. 4. D~nied as stated. The November 12, 1992, lease is a matter (f record before this Court and its terms speak for c.hemselves. 5. Admi tted, 6. Denied, It is denied that the back drop screens for tennis courts or the center post tennis nets and center straps were part of the Premises. 7. Denied as stated. The averments contained in Paragraph 7 of the Complaint constitute a conclusion of law to which no response is required, To the extent Paragraph 7 is deemed to contain averments of fact, they are specifically denied , and strict proof thereof is demanded at trial. B. Denied as stated. To the extent Paragraph B implies that the items identified in Paragraph 6 were wrongfully removed, the Paragraph is specifically denied, 9. Denied. It is specifically denied that Central Penn Tennis Service, Inc.'s, use and occupancy of the Premises resulted in any damage. It is specifically denied that the following items were damaged as a result of Central Penn Tennis Service, Inc,'s, use and occupancy of the Premises: a. Commode in ladies' locker room; b, Tennis court floor; c, Ceiling tiles in lounge, hall, men's locker room, ladies' locker room or back hall; d. Wall at lounge door; e. Soap dish in men's locker room; f. Emergency light in men's room. 10, Denied as stated. The unpaid electric bill was and continues to be a matter of dispute between the parties. To the extent that the averments in Paragraph 10 imply that the electric bill was solely the Defendants' liability, the Paragraph is specifically denied. By way of further response, the averments of Paragraph 10 constitute conclusions of law to which no response is required. 11, The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent the averments contained in this Paragraph are deemed to constitute averments of fact, they are specifically denied. a. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent the averments contained in this Paragraph are deemed to constitute averments of fact, they are specifically denied, b. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent the averments contained in this Paragraph are deemed to constitute averments of fact, they are specifically denied. c. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent the averments contained in this Paragraph are deemed to constitute averments of fact, they are specifically denied, d. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent the averments contained in this paragraph are deemed to constitute averments of fact, they are specifically denied. e. The averments contained in this Paragraph constitute conclusions of law to which no response is required, To the extent the averments contained in this Paragraph are deemed to constitute averments of fact, they are specifically denied. 12, The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent the averments contained in this Paragraph are deemed to constitute averments of fact, they are specifically denied. 13, The averments contained in this Paragraph constitute conclusions of law to which no response is required, To the extent the averments contained in this paragraph are deemed to constitute averments of fact, they are specifically denied. 14, The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent the averments contained in this Paragraph are deemed to constitute averments of fact, they are specifically denied, 15. Denied as stated, It is specifically denied that Central Penn Tennis Service, Inc" breached or violated the terms of the lease agreement. After reasonable investigation, Defendants are without knowledge as to the cost Plaintiff incurred in purchasing and installing items it chose to place in the premises after the term of the lease, By way of further response, Defendants deny that the purchase of said items was required to restore the Premises to the condition as delivered to Central Penn Tennis Service, Inc. 16. Denied as stated, It is specifically denied that Central Penn Tennis Service, Inc" breached or violated the terms of the lease agreement. After reasonable investigation, Defendants are without knowledge as to the cost Plaintiff incurred in purchasing and installing items it chose to place in the premises after the term of the lease. By way of further response, Defendants deny that the purchase of said items was required to restore the Premises to the condition as delivered to Central Penn Tennis Service, Inc. 17. Denied. It is denied that Central Penn Tennis Service, Inc., breached the lease agreement. After reasonable investigation, Defendants are without knowledge as to whether Plaintiff paid the electricity service charges. 18. Admitted, By way of further response, to the extent that Paragraph 18 implies that Defendants wrongfully refused to pay Plaintiff's demand, the Paragraph is specifically denied. WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Plaintiff's complaint. Count II 19. The Answers contained in the foregoing numbered paragraphs are incorporated herein by reference. 20. Denied, The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent the averments are deemed to contain averments of fact, they are specifically denied. NEW MATTER 21. The Plaintiff's claims are barred under the doctrine of laches, 22. The Plaintiff's claims are barred by the applicable statute of frauds. 23. The Plaintiff's claims are barred by the applicable statute of limitations. 24. Any damage to the Premises during the term of the lease resulted from ordinary wear and tear, 25. Defendants owned the items listed in Paragraph 6 of Plaintiff's complaint, and were therefore entitled to remove same at the expiration of the lease term. 26. The items claimed to be damaged in the Complaint are the lessor's responsibility. 27, The Plaintiff waived its right to bring this action by failing to timely inspect the Premises as provided for in Article 12 of the lease. 28, While Defendants specifically deny that the Plaintiff suffered any damages, Plaintiff's attempt to recover damages is barred under the doctrine of set off. -- "--~'..' Wherefore, Defendants respectfully request that this Honorable Court dismiss the Plaintiff's Complaint and award Defendants the reasonable costs of defending this suit. Respectfully submitted, Anthony 10 ~outh Market Square P.o.\~ox 1265 Harrisburq, PA 17108-1265 (717) 236-9581 ATTORNEYS FOR DEFENDANTS Date: L / /( Iff/( I VERIFICATION --'" I, Daryl Hall, hereby verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsification to authorities. Oar Hall Date: June 19, 1994 . . Universal Suppliers, Inc., Plaintiff In the Court of Common of Cumberland County v. Civil Action - Law Central Penn Tennis Service, Inc" Daryl Hall, Thomas Sweitzer and Robert H. Schott,: No, 94-2217 Civil Jury Trial Demanded Defendants I, Anthony J. Nestico, on this 20th day of June, 1994, hereby certify that I served a true and correct copy of the foregoing Answer by hand delivering a copy of same to: Richard C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055 Anthony HETRICK ZALESKI, ERNICO & PIERCE, P.C. 10 South Market Square P.O.BOK 1265 Harrisburg, PA 17108-1265 (717) 236-9581 ATTORNEYS FOR DEFENDANTS ~ ?-~ ~~ - d ..-l ',;) C') ., = . .J '.; --') -. . UNIVERSAL SUPPLIERS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CENTRAL PENN TENNIS SERVICE, INC., DARYL HALL, THOMAS SWEITZER and ROBERT H. SCHOTT, NO. 94- ..J.:J/7 CIVIL TERM . . JURY TRIAL DEMANDED Defendants NOT I C E 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 a 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 , P.C. By './~~ neys for Pla nt ff A LAW Of"l"ICES SNELBAKER a BRENNEMAN -. UNIVERSAL SUPPLIERS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. CENTRAL PENN TENNIS SERVICE, INC., DARYL HALL, THOMAS SWEITZER and ROBERT H. SCHOTT, NO. 94-.l .2/7 CIVIL TERM . . JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW comes the Plaintiff, UNIVERSAL SUPPLIERS, INC., by its Attorneys, SNELBAKER & BRENNEMAN, P.c., and avers the following cause of action against the Defendants: COUNT I. Plaintiff vs. CorD orate Defendant 1. The Plaintiff herein is UNIVERSAL SUPPLIERS, INC., a Pennsylvania business corporation, having its principal office at Selinsgrove, Pennsylvania, with a post office address of P. O. Box 327, Selinsgrove, PA 17870. 2. The Defendants herein are: A. CENTRAL PENNSYLVANIA TENNIS SERVICE, INC" a Pennsylvania business corporation, whose last LAW OI"P"CE:8 SNELBAKER a BRENNEMAN known office was at 150 Silver spring Road, Mechanicsburg (Cumberland County), Pennsylvania 17055 and whose present whereabouts is believed to be at Hershey Racquet Club, 998 Briarcrest Drive, Hershey, Dauphin County, Pennsylvania (hereinafter called "corporate Defendant"). B. THOMAS L. SWEITZER, an adult individual, a principal of the Corporate Defendant, whose business address is at the office of the Ccrporate Defendant at Hershey Racquet ClUb, 998 Briarcrest Drive, Hershey, Dauphin county, Pennsylvania. c. DARYL HALL, an adult individual, a principal of the Corporate Defendant, whose business address is at the office of the Corporate Defendant at Hershey Racquet Club, 998 Briarcrest Drive, Hershey, Dauphin county, Pennsylvania. D. ROBERT H, SCHOTT, an adult individual, a principal of the Corporate Defendant, whose business address is at the office of the Corporate Defendant at Hershey Racquet Club, 998 Briarcrest Drive, Hershey, Dauphin county, Pennsylvania. (The individual Defendants identified in paragraphs B, C and D above are hereinafter collectively called "Individual Defendants".) 3. Plaintiff is the owner of certain commercial real estate situated in Hampden Township, Cumberland county, Pennsylvania, known and numbered as 150 Silver Spring Road, and more particularly described in the Lease Agreement marked Exhibit A attached hereto, said real estate hereinafter called "Premises". LAW O",CI:B SNELDAKER a BRENNEMAN 4. On or about November 18, 1992, the parties entered into a written lease agreement for the Premises in which Plaintiff is the lessor and the Corporate Defendant is the lessee and the -2- " Individual Defendants are accommodation parties. A true and correct copy of the Lease Agreement is attached hereto marked "Exhibit A" and incorporated herein by reference thereto, said document hereinafter called "Lease Agreement". 5. The Corporate Defendant entered into possession of the Premises on or about June 1, 1992, and continued in possession under the Lease Agreement until on or about May 31, 1993, when it vacated the Premises upon expiration of the term under said Lease Agreement. 6. At the time of the corporate Defendant's entry into possession of the Premises, said Premises were equipped with and included, inter alia, the following items: a. Back-drop screens for tennis courts. b. Center post tennis nets and center straps. 7. At the time of Corporate Defendant's entry into possession of the Premises, said Premises were in a good condition of repair. 8. Upon Corporate Defendant's removal from the Premises, the items identified in Paragraph 6 were removed and taken from the Premises. 9. As the result of Corporate Defendant's use and occupancy of the Premises the following portions of the Premises were damaged: LAW OI"FICES SNEl.DAKER a BRENNEMAN a. Commode in ladies' locker room damaged. b. Hole in tennis court floor. c. Ceiling tiles damaged in lounge, hall, men's locker room, ladies' locker room and back hall, -3- '- . , d. Wall damaged at lounge door. e. soap dish in men's locker room damaged. f. Emergency light damaged in men's room. 10. As the result of corporate Defendant's use and occupancy of the Premises, an electric service bill of $4,068.82 was left unpaid to Pennsylvania Power & Light Company, the servicing utility. 11. Under the terms of the Lease Agreement, Corporate Defendant agreed, inter alia, to: a. Not commit waste or suffer any waste to be committed (55.01). b. Maintain the Premises in condition fit for its intended use (56.01). c. Repair and maintain the interior of the Premises (56.02) . d. Not remove any improvements to the Premises (57.01). e. Pay all charges for electricity used on the Premises (54.01). 12. corporate Defendant's removal of the items mentioned in Paragraph 6 above constitute a breach and violation of the Lease LAW O,.FICCS SNtLDAKER a BRENNEMAN Agreement. 13. Corporate Defendant's damage to the Premises as set forth in Paragraph 9 above constitutes a breach and violation of the Lease Agreement. 14. corporate Defendant's failure to pay for electricity as -4- averred in Paragraph 10 above constitutes a breach and violation of the Lease Agreement. 15. Because of corporate Defendant's breach and violation as averred in Paragraph 12 above, Plaintiff is required to replace the items removed at a cost of $17,209.17 and to expend $2,500.00 to install said items in order to restore the Premises to its original condition as delivered to Corporate Defendant under the Lease Agreement. 16. Because of Corporate Defendant's breach and violation as averred in Paragraph 13 above, Plaintiff is required to expend $1,800.50 to repair the damaged items in order to restore the Premises to its original condition as delivered to Corporate Defendant under the Lease Agreement. 17. Because of corporate Defendant's breach and violation as averred in Paragraph 14 above, Plaintiff is required to pay electricity service charges of $4,068.82. 18. Plaintiff has demanded payment for the above items from Corporate Defendant which it has failed and refused to pay. WHEREFORE, Plaintiff demands judgment against Corporate Defendant in the amount of $25,578.49 with interest and costs of this action. COUNT II LAW o,.".cts SNELDAKER a BRENNEMAN Plaintiff vs. Individual Defendants 19. The averments contained in Paragraphs 1 through 18 hereinabove are incorporated herein by reference thereto as though set forth at length and in full herein. -5- ", .. 20. Since Corporate Defendant has failed to pay the Plaintiff's demands as aforesaid, the Individual Defendants are jointly and severally liable to Plaintiff as accommodation parties on and under the Lease Agreement. WHEREFORE, Plaintiff demands judgment jointly and severally against the Individual Defendants in the amount of $25,578.49 with interest and costs of this action. , p.e. r C. Snelbaker Sup. ct. ID #06355) 44 West Main Street Mechanicsburg, PA 17055-0318 Attorneys for Plaintiff LAW O"'ICEa SNELBAKER a BRENNEMAU -6- VERIFICATION I, BRUCE WITKOP, being the Executive Vice-president of Universal Suppliers, Inc., a corporation and the Plaintiff herein, being authorized to make this verification, hereby verify 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 herein are made sUbject to the penalties of 18 Pat C.S. S4904 relating to unsworn falsification to authorities. ./5:,~ d/u0- Bruce Witk9{S Dated: April 8 , 1994 LAW OFFICt& SNELDo\KER a BRENNEMAN .. .0- ~.... I LEASE AGREEMENT -f-/... This Lease Agreement is made and entered into this /8 day of AJt?II<:'''''')"i..,.. , 1992, at Selinsgrove, Snyder County. Pennsylvania, by and betwccn Universal Suppliers, Inc., a Pcnnsylvania Busincss Corporation. hcrcinaftcr rcferred to as Lcssor, and Central Penn Tennis Senlce, Inc., hercinafter referrcd to as Lcssec. ARTICLE I. DEMISE. DESCRIPTION, USE, TERM AND RENT 1.01. Prcmiscs. Lcssor hercby lcases to Lessce.the Lessee hereby leases from Lcssor, that ccrtain propcrty, hcrcinaftcr rcfcrred toas the lcased premises, situated in Hampden Township, Cumberland County, Pennsylvania and described as follows: being approximately the hallway and entrance to be constructed on the North side of the building at the clubhousc, thc Southcrn portion of the two-story clubhouse and the West tennis courts and, in addition, all of the parking spaces from the midline of the clubhouse portion of the building to the West cnd of the parking area (essentially all of the parking area in front of the West tennis courts). The leased premises arc to be used for tcnnis and other lawful purposes. 1.02. ~. The rent shall be payable as specified in Article 2. 1.03, Thtm. The term of the lease shall be twelve (12) months. Thc term shall end and not renew unless the parties enter into a written renewal. The commencement date shall bi: June I, 1992 and the termination date shall be May 31. 1993. ARTICLE 2, RENT 2.01. Minimum Rent. Lessee agrees to and shall pay Lessont Selinsgrove, Pennsylvania, or at such other placc as the Lessor shall designatc from time to time in writing, as rent for the Leased Prcmises, the total sum of Forty-two Thousand, Eight Hundred Seventy-six Dollars ($42.876) payablc without demand and without setoff or deduction, except as expressly providcd herein as follows: June I, 1992 - $2.573 July I, 1992 - $2,573 August I, 1992 - $2,573 September I, 1992 - $4,573 October I, 1992 - $4,573 Novcmber I. 1992 - $4,573 December I, 1992 - $4,288 January I, 1993 - $4,288 February I, 1993 - $4,288 March I, 1993 - $4,288 April I, 1993 - $4,288 May I, 1993 - $-0- EXHIBIT A 2.02. Effect of Default in Rent and Other Pavment, If Lessee defaults in the payment of any installment of rent hereunder, such installment shall bear iaterest at the rate of eight (g%) percent per annum from the due date until paid, or, in the casc of sums paid by Lcssor. becausc of Lesscc's dcfault hercundcr, from thc datc such paymcnts arc made by Lcssor until thc datc Lessor is rcimburscd by Icssee thcrcfor. Nothing contained hercin shall affcct any othcr rcmcdics of Lessor as provided in Articlc II. 2.03. ADDortionment of Advance Rcntal Paid. In thc cvcnt that this bcgins othcr than on thc first day of thc month, the rcnt shall bc proratcd for that month. In the cvcnt that this Lcasc shall tcrminatc prior to thc cxpiration of its full tcrm as hcrcinbcforc providcd without fault on thc part of Lcssec, and rcgardless of whcthcr Lcssec is in dcfault hcrcundcr, thcn, on surrcndcr by Lcssee of the leased prcmises, Lessor agrees to and shall pay to the Lessee an amount equivalent to the prepaid rental hereunder for the unexpired portion of the term of the date of such termination and surrender. ARTICLE 3, INSURANCE 3.01. Lessor's ObliRation. Lessor agrees to and shall, prior 10 the commencement of the lease term, secure from a good and responsible company or companies doing insurance business in the Commonwealth of Pennsylvania, and maintain during thc entire term of this Lease, the following coverage: Fire and cxtended coverage insurance in an amount not less than eighty (80%) percent of the full insurable cost of the prcmises. . 3.02. Lessee's ObliRations. Lessee agrees to and shall, not later than the datc it takes possession as to and not later than the date it gains reasonable access under Article I as to (a), secure from a good and responsible company or companies doing insurance business it> the Commonwealth of Pennsylvania and maintain during the entire term of this L the following insurance coverage: (a) Public liability insurance in the minimum amount of 51,000.000 for loss from an accident resulting in bodily injury to or death of persons, and 550,000 for loss from an accident resulting in damage to or destruction of property. Such insurance shall name the Lessor and the Lessee as co-insureds. (b) Fire and extended coverage insurance on Lessee's improvement, fixtures, goods, wares and merchandise in or on the leased premises, with covcrage in such amounts as Lessee deems to be adequate. 3.03. SubroRation Waivers. Lessee and Lessor agree that, in the event of loss due to any of the perils for which they have agreed to provide insurance. each party shall look solely to its insurance for recovery. Lessee shall be responsible for the insurance deductible for any loss occurring on the demised premises, Lessor and Lessee hereby grant to each other, on behalf of any insurer providing insurance to either of them with respect to thc demised premises, a waiver of any right of subrogation which any insurer of onc party may acquire against the other by virtue of payment of any loss undcr such insurance. 2 EXHIBIT A 3.04. Policies. The original policy for fire and extended coverage shall be retained by the Lessor, and the original policy for other coverages shall be retained by the Lessee. The other party shall have the right to inspect any and all such policies, and the insured, on demand, agrees to furnish the other party proof of payment of the premium or premiums on any such policies. In addition, the owner of the respective insurance policies agrees to provide to the other at reasonable times a certificate of insurance coverage and a duplicate of the insurance policy with all attachments and schedules. 3.05. Protection ARainst Cancellations. Proof must also be given by each party to the other pursuant to Paragraph 3.04. that each of the policies provided for in this article expressly provides that the policy shall not be canceled or altered without twenty (20) days' prior written notice to the other party. 3.06. Failure to Secure. If either party at any time during the term hereof should fail to secure or maintain the foregoing insurance, the other party shall be permitted to obtain such insurance in the defaulting party's name or as the agent of the defaulting party and shall be compensated by the defaulting party for the cost of the insurance premiums. The defaulting party shall pay the other interest on paid insurance premiums at the rate of eight (8%) percent per annum computed from the date written notice is received that the premiums have been paid. 3.07. Proceeds. (a) Proceeds from any such policy or policies purchased by the Lessor for fire and extended coverage shall be payable to Lessor, who shall use such proceeds to make repairs; provided that Lessee must agree in writing to five (S) more years on a fixed term basis if the proceeds are, at least, S50,000. If the proceeds are less than S50,OOO;for each SIO,OOO of proceeds, or major fraction thereof, the Lessee shall agree in writing to one (I) additional year. As used herein, the term .major fraction. shall mean SS,OOO or more. In any of the foregoing instances, the extension shall run from the date of the expiration of the term then in effect. (b) Proceeds from any such policy or policies purchased by the Lessee for fire and extended coverage on its property shall be payable to the Lessee, who shall use such proceeds to make repairs,:lt its discretion, but it shall apply such portion of the proceeds as is necessary to remove the debris in all events. Such removal shall be completed as soon as may be practicable; Lessee's failure to do so shall be a violation of its obligations under Article S. ARTICLE 4. UTILITIES 4,01. Lessee's ResDonsibilities. Lessee shall during the term hereof pay all charges for telephone, sewer rental, water and electricity used in or on the leased premises immediately on becoming due and shall hold Lessor harmless from any liability therefor. Such payments shall be made immediately on becoming due and within nny discount period. In the event that Lessee shall fail to pay any utility charges within the applicable discount period. Lessee shall be responsible for nny portion of Lessee's share which results from such failure. 3 EXHIBIT A 4.02. Lessor's Resnonsibilities. Lessor shall pay for rubbish removal. Lessor shall reimburse the Lessee for its share of the electrical and sewerage charges for its use of the premises retained by it according to that formula which Lessor and Lessee may agree upon. In the event that the Lessee determines to do so. it may install separate metering at its own cost and. thereafter, the Lessor will pay the cost of its said utilities directly to the provider. ARTICLE 5. WASTE AND NUISANCE 5,01. Waste and Nuisance. Lessee shall not commit, or suffer to be committed. any waste on the leased premises, nor shall he maintain. commit or permit the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful purpose. ARTICLE 6, REPAIRS 6.01. Lessor's and Lessee's Duties to Renair. Lessee shall maintain the leased premises in condition fit for their intended use and shall make all necessary repairs except that the Lessor shall maintain the roof and walls for water tightness and shall make all repairs of the leased premises occasioned by his negligent use of the leased premises and except as Lessor and Lessee may have expressly agreed otherwise in this Lease, as part of the consideration, for one or the other to undertake specifically described types or repairs or maintenance. Maintenance hereunder shall include clearing and removal of snow from the access road and parking areas of the premises. The Lessor shall remove the snow and maintain the laws and shrubs and Lessee shall reimburse Lessor one-half the cost thereof within fifteen (15) days of being billed for such. 6.02. Lessee's Dutv. More specifically, Lessee shall repair and maintain the interior of the leased premises so that the premises will have: (a) Unbroken windows and doors. (b) Plumbing facilities that conform to applicable law in effect at the time of installation, maintained in good working order. (c) The water supply and the sewage disposal system from that point where Lessee's appropriate fixtures connect to Lessor's facilities pursuant to Paragraph 6,03. (d) Heating facilities which conform with applicable law at the time of installation. (e) Electrical lighting, with wiring and electrical equipme:ll which conforms with applicable law at the time of installation, maintained in good working order. 4 EXHIBIT A (C) Building, grounds and appurtenances in every part clean, sanitary and Cree Crom all accumulations of debris, filth, rubbish, garbage, rodent and vermin. (g) Floors, stairways and railings maintained in good repair. 6.03. Lessor's Duties. Lessor shall repair and maintain the rooC and walls for water tightness and structural integrity of the leased structure, excluding any structural improvements installed by Lessee which shall be maintained by the Lessee. and except where the structural integrity has been impaired by any other act of the Lessee whether of omission or commission. Lessor shall maintain the well and main sewer line and main water line to their point of connection with the fixtures installed in servicing the leased premises Lessor shall replace any light or heating fixtures which fail Crom normal wear and tear. but replacement bulbs and normal maintenance shall be the responsibility of the Lessee. 6.04. Lessee's Dutv of InsDection. Lessee acknowledges that it has thoroughly inspected the leased premises and appurtenances, that it is Camiliar with their condition, and that it shall accept the same in their present condition. ARTICLE 7, ALTERATIONS,IMPROVEMENTS AND FIXTURES 7.01. Alterations and ImDrovements. Lessee shall have the right to demolish and remove all existing improvements of the Leased premises at his sole cost and expense for the purpose of adding new improvements and shall be permitted to alter or improve the premises as his business may require with the prior approval of Lessor and a registered professional engineer; provided, however, that it shall not make any structural changes in violation of any law. All improvements, equipment and fixtures placed on the leased premises by Lessee shall at all times be and remain the property of Lessor, and Lessor shall have the right to order the removal of said improvements, equipment and fixtures at any time during the term hereof and after expiration or sooner termination of this Lease. In doing so, Lessee shall restore the building to the same structural integrity and weather tightness as existed at the commencement of the Lease. 7.02. Fixtures. Lessee shall not remove nonusable fixtures which have been permanently attached. For example, wall insulation shall remain whereas electrical panel boxes, air compressors and air drops may be removed so long as the building is restored to the same structural integrity as existed at the commencement of the Lease. All the fixtures remaining arc deemed to be abandoned and Lessor may remove the same at Lessee's expense. 7.03. Mechanic's Liens. Any mechanic's liens arising on account of any repair, alteration, or improvement shall be removed by the Lessee within thirty (30) days from receipt oC notice of such liens. 7.04. ImDrovements. Lessee covenants and agrees that any such improvements shall be made in a careful, workmanlike manner and in compliance with all applicable federal, state and municipal laws and regulations. 5 EXHIBIT A ARTICLE 8. QUIET POSSESSION 8.01. Covenant of Ouiet Possession. Lessor shall, on the commencement date of the term of this Lease as hereinabove set forth. place Lessee in quiet possession of the leased premises and shall secure him in the quiet possession thereof against all persons lawfully claimin8 the same during the entire lease term and any extension thereof. 8.02. Covenant Rel!ardinl! Encumbrances. (a) Lessor covenants that the leased premises are not subject to any lien, claim or encumbrance, for which satisfactory payment has not been arranged, except as hereinafter set forth, and that it is not in default or arrears in the making of any payment or the performance of any obligations relating to the leased premises. (b) This Lease is subject and subordinate to all existing mortgages, and Lessee agrees to provide Certificates of No Defense and Attornment from time to time if Lessor is not in default. ARTICLE 9, DELIVERY OF POSSESSION 9.01. Deliverv, Lessor shall delivery possession of the premises as provided for in Article I herein. ARTICLE 10. CONDEMNATION 10.01. All of Premises. If during the term of this Lease or any extension or renewal thereof. all of the leased premises should be taken for any public or quasi-public use under any 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 ihe date of the taking of said premises by the condemning authority. 10.02. Partial. If less than all of the leased premises shall be taken for any public or quasi-public use under any 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 not terminate but Lessor shall forthwith at his sole expense, restore and reconstruct the building and other improvements. situated on the leased premises, provided such restoration and reconstruction shall make the same reasonably tenantable and suitable for the uses for which the premises are leased. The rent payable hereunder during the unexpired portion of this Lease shall be adjusted equitable. 10,03. Allocation of Awards, (a) Lessor and Lessee shall each be entitled to receive and retain such separate awards and portions of lump sum awards as may be allocated to their respective interests in any condemnation proceedings. The termination of this Lease shall not effect the rights of the respective parties to such awards. (b) Lessee shall have no claim against Lessor for the value of any unexpired portion of the Lease. Each party shall bear its own costs and legal fees in such proceedings. 6 EXHIBIT A .......... .>04:... ARTICLE 11. DEFAULTS AND REMEDIES 11.01. Default bv Lessee. If Lessee shall allow the rent to be in arrears more than ten (10) days after written notice of such delinquency or shall remain in default based upon a breach or violation under any olher condition of this Lease for a period of twenty (20) days after written notice from Lessor, or should any other person than Lessee secure possession of the premises, or any part thereof, by reason of any receivership, bankruptcy proceedings. or other operation of law in any manner whatsoever, Lessor may at its option. without notice to Lessee, terminate this Lease and at it option pursue any remedy to secure the eviction or ejectment of the Lessee or other in possession. Should Lessor be unable to relet after reasonable efforts to do so, or should such monthly rental be less than the rental Lessee was obligated to pay under this Lease, or any renewal thereof, plus the expense of reletting, then Lessee shall pay the amount of such deficiency to Lessor. All rights and remedies of Lessor under this Lease shall be cumulative, and none shall exclude any other right or remedy at law. Such rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefore arises. 11.02. Confession of JudRment in Ejectment. When and as soon as the term hereby created or any extension shall have expired, it shall be lawful for any attorney as attorney for Lessee to file an agreement for entering in any competent court an amicable action and judgment in ejectment against Lessee and all persons claiming under Lessee for the recovery by Lessor of possession of the demised premises, for which this lease shall be his sufficient warrant, whereupon, if Lessor so desires. a writ of possession may issue, without any prior proceedings whatsocver, and providcd that if for any reason after such action shall have been commenced the same shaH be determined and the possession of the premises hereby demised remain in or be restored to Lessee. Lessor shall have the right upon any subsequent default or defaults, or upon the termination of this lease, to bring one or more amicable action or actions to recover possession of the said premises. 11.03. Affidavit of Default. In any amicable action of ejectment, Lessor shall first cause to be filed in such action an affidavit made by it or someone acting for it setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be conclusive evidence. and if a true copy of this lease (and of the truth of the copy such affidavit shall be sufficient evidence) be filed in such action, it shall not be necessary to file the original as a warrant of attorney, any rule of Court, custom or practice to the contrary. 11.04. Waivers bv Lessee of Errors. RiRht of Aooeal-Stav Exemotion.lnouisition. Lessee expressly agrees that any judgment, order or decree entered against him by or in any court of magistrate by virtue of the powers of Attorney contained in this lease, or otherwise, shall be final, and that he will not take an appeal, certain, writ of error, exception or objection to the same, or file a motion or rule to strike off or open or to stay execution of the same, and releases to Lessor and to any and all attorneys who may appear for Lessee all errors in the proceedings, and all liability. If proceedings shall be commenced by Lessor to recover possession under the Acts of Assembly at the end of the term of this lease, Lessee specifically waives the right to the three months' notice, and/or the fifteen or thirty days' notice required by the Pennsylvania Landlord and Tenant Act of 1951, as amended, and agrees that five days' notice shall be sufficient in either or any such case. 7 EXHIBIT A 11.05. RiRht of AssiRnee of Lessor. The right to enter judgment against Lessee and to enforce all of the other provisions of this lease may, at the option of any assignee of this lease, be exercised by any assignee of the Lessor's right, title and interest in this lease in his, her or their own name. notwithstanding the fact that any or all assignments of the right, title and interest may not be executed an/or witnessed in accordance with the Act of Assembly of May 2g, 1715, I Sm. L. 94, and al: supplements and amendments that have been or may hereafter be passed and Lessee hereby expressly waives the requirements of said Act of Assembly and any and all laws regulating manner and/or form in which such assignments shall be executed and witnessed. 11.06. Default bv Lessor, If Lessor defaults in the performance of any term, covenant or condition required to be performed by him under this Agreement. Lessee may elect either one of the following: (a) After not less than twenty (20) days' written notice to Lessor, Lessee may remedy such default by any necessary action, and in connect with such remedy may pay expenses and employ counsel; all sums expended or obligations incurred by Lessee in connection therewith shall be paid by Lessor to Lessee on demand, and on failure of such reimbursement, Lessee may, in addition to any other right or remedy that Lessee may have, deduct the costs-and expenses the,'eof from rent subsequently become due hereunder; or (b) Elect or terminate this Agreement on giving at least twenty (20) day's notice to Lessor of such intention, thereby terminating this Agreement on the date designated in such notice, unless Lessor shall have cured such default prior to expiration of the thirty (30) ~~~ . ARTICLE 12. INSPECTION BY LESSOR 12.01. Lessee's RiRhts. Lessee shall permit Lessor and his agents to enter into and upon the leased premises at all reasonable times for the purpose of inspecting the same for the purpose of maintaining or making repairs or alterations to the building, or of exhibiting the same to prospective purchasers, tenants or mortgagors. ARTICLE 13, ASSIGNMENT AND SUBLEASE 13,01. Lessee's RiRhts. Lessee shall not assign this Lease or sublet all or any portion of the leased premises without the prior written consent of Lessor. which consent shall not be unreasonably withheid; provided, however, that Lessee may assign or sublet to a subsidiary or affiliated company without consent of the Lessee, and provided, further, that any such assignment or subletting shall not affect the Lessee's Obligations hereunder. 13.02. AssiRnment bv Lessor .. Lessor's RiRhts. Lessor is expressly given the right to assign any or all of its interest under the terms of this Lease. 8 EXHIBIT A -....-..-.... ARTICLE 14. MISCELLANEOUS 14.01. Notices, All notices provided to be given under this Agreement shall be given by Certified Mail or Registered Mail, addressed to proper party, at the following address: Lessor Lessee P.O, Box 327 Selinsgrove. P A 17870 I SO Silverspring Road Mechanicsburg, PA 170SS copy to: Rudniuky & Hackman, P.C. 9 Courtyard Offices Suite 130, Routes II & 15 Selinsgrove, P A 17870 14.02. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators. legal representatives, successors and assigns when permitted by this A8reement. 14,03. Pennsvlvania Law to Aoolv. This Agreement shall be construed under and in accordance with the laws of the Commonwealth of Pennsylvania, and all obligations of the parties created hereunder arc performable in Snyder County, Pennsylvania. 14.04. LeRal Construction, In case anyone or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Lease shall be construed as if such invalid. illegal or unenforceable provision had never been contained herein. l4.0S. ARreement of the Parties. This Lease constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding of written or oral agreements between the parties respecting the within subject matter. 14.06. Amendment. No amendment, modification or alteration of the terms hereof shall be binding, unless the same be in writing, dated subsequent to the date hereof. and duly executed by the parties hereto, and duly executed by the parties hereto. 14.07. RiRhtsand RemediesCumulative, The rights and remedies provided by this Lease arc cumulative and the use of anyone right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies arc given in order to any other rights the parties may have by law, statute, ordinance or otherwise. 14.08. Waiver of Default. No waiver by the parties hereto or any default or breach of any term, condition or covenant of this Lease shall be deemed to be waiver of any other breach of the same or any other term. condition or covenant contained herein. 9 EXHIBIT A 14.09. Excuse. Neither Lessor nor Lessee shall be required to perform any term, condition or covenant in this Lease so long as such performance is delayed or prevented by any acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riot, or any other cause not reasonably within the control of the Lessor or Lessee Bnd which by the exercise of due diligence Lessor and Lessee is unable. wholly or in part to prevent or overcome. 14.10. Time of Essence, Time is of the essence of this Agreement. 14.1 I. Landlord's Waivers. Lessor agrees to provide upon request properly executed Landlord's Waivers waiving any interest it may have in the goods, inventory, raw materials, supplies, machinery or equipment of the Lessee in favor of Lessee's lenders who may require a security position in such personal property, if Lessee is not in default. 14.12. Certificate of No Default or Defense. Lessor and Lessee agree to provide upon request properly executed Certificates that the other is not in default under the Lease, and that the Lessor has no defcnse against the Lessec which would prevent it from continuing possession under thc terms of the Lease. provided that at the timc such is requested of the Lcssor the Lessee is not in default under any term of this Lease. 14.14. ~. All signs of the Lcssee upon the premises shall be subject to the prior approval of the Lessor, which approval shall not be unreasonably withhcld. IN WITNESS WHEREOF, the undersigned Lessor and Lessee h.creto execute this Agreemcntas of thc day and ycar first abovc written, ATTEST: L~SSOR: UNI':(ERSAL S .e~ ~...4/~ . A1JJ.-c - BY: I A rEST: . .. . , ~C<~ t~... C Secretary \ LESSEE: CENTRAL PENN TENNIS SER VICE,INC. BY:.-r;jJ~ ~ -/J~~ President 10 EXHIBIT A . , .. ACCOMMODATION PARTIES: ~~/ $,WE'{.. M 'Kk1~k~ ROBERT H. SCHOTT COMMONWEALTH OF PENNSYLVANIA: : 55. COUNTY OF SNYDER Before me the undersigned officer appeared the said William and Bruce Witkop who being sworn did depose and say that they did execute the foregoing Lease as and for the act of the said Partnership having authority to do so. Notary Public II 1 I -:1 EXlllBlT A ~~...'.:~'-~. ", COMMONWEALTH OF PENNSYLVANIA: : SS, COUNTY OF SNYDER Before me the undersigned officer appeared the said . being the President of Central Penn Tennis Service,lnc. Corporation who being sworn did depose and say that he executed the foregoing Lease as and for the act of the said corporation, he having authority to do so, Notary Public 93:ustennis.lse 12 EXHIBIT A SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvnaia No. 94-2217 Civil Term Complaint in Civil Action Law and Notice Universal Suppliers, Inc. VS Central Penn Tennis Service, Inc. Daryl Hall. Thomas Sweitzer and Robert H. Schott R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit: Central Penn Tennis Service, Inc. Daryl Hall, Thomas Sweitzer and Robert H. Schott but was unable to locate them in his bailiwick. He therefore deputized the sheriff of Dauphin County, Pennsylvania, to serve the withi~omplaint in Civil Action Law and Notice On May 9, 1994 , this office was in receipt of the attached return from Dauphin County. Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge Dauphin County So answers: Sworn 26.00 5.00 8.00 36.25 $ 75.25 pd. by and subscribed to before me atty 5-9-94 .,.. ./.,-' ." ,/" R. THOMAS KLINE, Sheriff this I/~ day of 7lt<<u I 19 Q'I ,A.D. Yur t. Nuitl..,~fj' Prothonotary COMMONWEALTH OF PENNA: COUNTY OF DAUPHIN: SHERIFF'S RETURN NO. 94-2217 PAGE 40 AND NOW: WITHIN May 3, 19 94 ,at 2:00 PM. SERVED THE UPON COMPlAINT & NanCE Central Penn Ten nis Service, Inc., Daryl Hall, BY PERSONALLY Thomas Sweitller & Robert H. Schott HANDING TO Geraldine Diggins, Program Coodinator and person in charge at time of service 4 COPIES K TRUE ATTESTED XXlll'N OF THE ORIGINAL COMPlAINT & NOTICE AND MAKING KNOWN TO Her THE CONTENTS THEREOF AT 998 Briarcrest Drive, Hershey, Dauphin County, Penna. SO ANSWERS c.O' .0"\ ?W'~ f:{.~~ SHERIFF OF DAUPHIN COUNTY~ PENNA BY U~.&~k DEPUTY SHERIFF Sworn and subscribed to jf~re m~ thi~:h ~= ~ONOTARY 19 94 SHERIFF'S COST $ ..3~.;(S 'J -I' /~(. -Y~;:/I . . l'Uf.! __",-3Jfr S-IA '\ -, I"" . . C ' ., In:.: ,-OUl'T CT .::mmO:-i -i .. ... '-.J .i ,- ,'=:::~ ~i I .,.- .-- .:~~\......, \.. .'W-'.'''I -- ........,..-.-....-..- ..... ...~I ?::,msyl'l::r:i :: Universal Suppliers, Inc. 'is. Thomas Sweitzer :-fo, 94-2217 Civi I Term... :?__ :O;ow, April 28 , 1994 :9_ !. s:~~:;' O? ~~G:::?.!..A.'ID CO~~TYt ?_~ co h=-..by d-::u= d:.: sn:::E oi Dauphin "'-=- .'" --.... ...:...;. ',V-:- ~ ~1..w ----- - ...., :::s =-;:u:.::cu :~ -~.:- U = ~ :::d :-=..2 Ot :.:: ?'"t:-a. r;~~~~ Sll~-.:r of C::::::er'..u:d c,u:ry. ?:2. Affida.nt or - . :::~:"71~ :O;ow, ~9 -. o'~cc ',c. !=-.~ ::.: wi";":n O.lpon ~t :y ::u:~ :0 3. cpr oi = ::::;-=_.,r ,... :md -~,.:- "=awn :0 == .:::::::.:s :..~::=t. So =sw=. s.i:.c::::i oi ~W1t'T, ?~ 5wtlt: :me r.lC:sc::-J:cd bC= == ::::.s cy at COSTS ::.c..~ VIa ~aU.AGZ .~:l..IJA;J:7 s 19_ --""'---.--. s t_ .-1, 'I _t C . C . ".1 n:!! ourt CT .:mmo~ ~l.:=-r.:: . --- ,. ... ,t .. 01 \..:.J:~. ::':'-:~:~l:::"C \""':::l.::--;~'~/, ?S:1r:sy I',::~ i:: Universal Suppliers, Inc. 'is. Daryl Hall ::-roo 94-2217 fivil ~erm :~- :-iow, April 28, 1994 :'9--. !, S~..z:='? O~ C~G::?..!.A...'l!) COt.~,:,y. ?-\... co ==:by ci.::u= t!:: Sh::-=E oi Dauphin Cuu:ty ~ ::::::-.1:': .:..;. .,V:-::, .., .. . ., . .. - -,..- :=s -:..-pu::.cu ::~ -~...- :It == ._~u.:::n ~Q ::2 at ::e :'~::r. r:~~~~~ sae......~ of C=:::er..:r.cd C~u:ry, ::'3- . }4 ;;:;davit or - . ::'ervt~ :-iow, tQ ..... .-- --. -. o'~ca ~c. !::-."'e'i == ~.;..:" '~pol1 ~t =r::u:ci::1;:o .. c::py ci = ~::~_.,t " md :2.c: bawa :0 :.::.: .:::t::.:s ::':::=L So =w=. Sh::iii of CoWltT. ?:z.. =::.:::.s cyoi !9_ COSTS ::~'t'VICZ ~m..:::.-\G E ,-\::wAVr;: oS 3wcc :me S'olbc:-:D:d ee:= --~---. s f_ '"--a In .ine Court cr C.::mmO:-i ...., --- ........T. \"-:..;" . 4 ." ..,' _.,...l 1..,,#, .'1.:........., .~,,___.... ... 'L_ ~ - ,..-"-...- - - .",1 ?snr:syl'l::r: j:: . Universal Suppliers. Inc. 'is. Central Penn Tennis Service. Inc. :-roo ----. 94-2217 Civil Term :?._- " April 28. 1994 .,ow, :9_ !. S~.::~ 0:::' C:nG:::"=..!.A.'ID COt-~':? ?..~ co h::::ry cL:;u= t!:.: 3~.:i' oi Dauphin CutCty ::t :..-.::-..:.:.: ":';ll '.":::, .., .. .. . ... -,..- :::.:s =--pu::.::.cn :~ -.,--- ~ :.::.: ._~.:.::t ::Q :":2 at :':: .:':.3:::I. ~g~._-.~c -;:f?-s! She..-..:t :t C=:::er'..:u:cl C~u.:t1. ?~ A,Sda.vit Or - . :::e~~ ::-;ow, ~g -- o'.:!ca ',L 1=-."":':1 :.:: ~.;":n '~po:1 ~t '=y ::u:~ :0 3- c::py ci =: :2::t-"'t1 ,~ :me! . :0 -~,..- :::own :.::: .:::-.::::::s ':-~:::::L So :a=w=, ~l.-:.;' oi Cow:z.rr. ?~ 5wcr:: .me! r.:i::sc:-:bd bd= COSTS ::.:..,<-'VIC:: ~O::r.2AGC: ,~:wAV17 s =::.:::s 6yci !~- ---""'-------. s .- --... In .ine Court cf C.::rrm'O:-i ;t.::J-r.: 1.___ - .... " .; ~r I .,.. . ';~~'.~"'-1' ..'t..:"-".'''I __ .....-.i..._._..._"_......_ .'I~I P=:1r:sy 1'1::'-: j:::: ~niversal Suppliers, Inc. 'IS. Robert H. Schott :-fa. Q4-2217,.c'ivi 1 ---. :?_- Tprm :-tow, Aoril 28. 1994 :9_ !. S:~..::'S' O~ C~G::::?.!...A...'l!) COt,~':Y, ?-\.., co h=--by ci.::u= :h: Sh==.:i oi Daunhin ,..-=_ ..... __.... .:.oil( '.V-=- ~ ..,..w _____ ...., .., ... ., .... -,..- ~ :..-pu:::cu .:~ -..-- :Lt == :-:qu:::t ::C1 :""..sJt at :::: :.:t:::%. r;;L~A<:~ $1e..~ :t Cder.;u:d CJl1:tr. ::':1. .A f;davit or - . ~~:-n~ :-tow, !Sl -- o'.:.!cc ',r. !~."':':1 :.:~ wi':':" '.:.pon .t by :::"':6; :a J. c!'l'" oi :: ~::~ '-.,1 ,- J.na -~,.;. :.::owa :0 :.:.e .::::.::::s :.~==t. So =w=. ~oi ~W1tT. ?2.. 5wo::. :me! S"':Csc:-:o:d b::C1': co:>J. .:. ::.<:..-(.v"'IC::: ~m..E.:\GE A.::wA"vu s :::.::.:.s or oi 19_ ---"""'"'---.--. s r_ '-.a . , UNIVERSAL SUPPLIERS. INC.. Plaintiff vs, CENTRAL PENN TENNIS SERVICE, INC., DARYL HALL. TIIOMAS SWEITZER, and ROBERT II. SCHmT, Dcfcndants TO THE PROTHONOTARY: ,^ IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIl. MTION - I.AW NO. 94,2217 CIVIl. TERM JURY TRIAL DEMANDED PRAECIPE Please cntcr thl' appcaralll'cs of Jeffrey A. Emil'o. ESlluirc, and Anlhony J. Neslico. Esquirc, as counsel fm Defendants in the ahove-referenced case. . , Respet'tfully submiued. IIETRICK. ZALESKI, ERNICO & PIERCE, P.c. ANTHONY ,EST . ESQUIRE Suprcmc lourt LD. # 58868 10 Soulh Markel Squarc, Suilc 500 P.O. Box 1265 Harrisburg, PA 17108-1265 (717) 236.9581 Counsel fm Defcndanls . \ , ,- UNIVERSAL SUI'I'L1ERS, INC'.. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs, CENTRAL PENN TENNIS SERVICE. INC.. DARYL HAU.. THOMAS SWEITZER. allll ROBERT H. SClIO'IT. NO. 94-2217 CIVIL TERM JURY TRIAL DEMANDED Ddendants CERTIFICATE OF SERVICE I, ANTHONY J. NESTICO, un this 13th day of June. 1994, herehy ccrlify thai I scrvcd a truc and correcl copy uf the fureguillg Pracl'ipe hy depositing samc in the Unitcd Slates mail. first class. postage prepaid. upon the following: Richard C'. Snell>aker. Esquire Sncll>akcr & Brcnncman. P.C'. 44 Wcst Main Strect Medlanicshurg. PA 17055 IIETRICK. ZALESKI. ERI-JICO & PIERCE. P.c. 10 Soulh Market Square, Suite 500 1'.0. Box 1265 Harrishmg.PA 17108-1265 (717) 236,9581 ;''.0': ".; a;. '. :e: 0-. (:) ;r N - .. ,'; , ,.~- '" ,.C> - "'" ::> --. >"~ "'.~ 4~ l--..d ~~l:~~ ~.~~~ :';::~:...;.~ .~.~-~.~~.;; f . ;,~:~'.J ,..1. .- ~;J ~'-' :;) .' :.', ..HItTRICIC ZAU:SKI ERNICO & PIERCE RC. AT1'OfUCVS AT LAW 10 SouTH MARKeT SQuARE POIT Omcl: Box 1285 HAR~IS8UAO. Pc.HHlYlVANlA 17108-1285 (717) 238.gS81 ., ~ UNIVERSAL SUPPLIERS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . vs. : CENTRAL PENN TENNIS SERVICE, INC., DARYL HALL, THOMAS SWEITZER and ROBERT H. SCHOTT, NO. 94-2217 CIVIL TERM . . : JURY TRIAL DEMANDED Defendants REPLY TO NEW MATTER AND NOW, comes Plaintiff, UNIVERSAL SUPPLIERS, INC., by its Attorneys, SNELBAKER & BRENNEMAN, P.C., and responds to Defendants' New Matter as follows: 21. Paragraph 21 of the complaint consists only of statements in the nature of conclusions of law to which no answer is required and, therefore, said statements are deemed to be denied. To the extent said statements are deemed to contain averments of fact, they are specifically denied. 22. Paragraph 22 of the Complaint consists only of statements in the nature of conclusions of law to which no answer is required and, therefore, said statements are deemed to be denied. To the extent said statements are deemed to contain averments of fact, they are specifically denied. 23. Paragraph 23 of the Complaint consists only of statements in the nature of conclusions of law to which no answer is required and, therefore, said statements are deemed to be LAW OFFIC[.G SNELDAKER . BRENNEMAN denied. To the extent said statements are deemed to contain averments of fact, they are specifically denied. ~. A 24. It is denied that the damage to the Premises resulted from wear and tear. On the contrary, it is averred that the damages were the result of waste, intentional damage and/or damages caused by Defendants' negligence or otherwise resulting from Defendants' use and/or abuse of the Premises in violation of the Lease Agreement as more fully set forth in the complaint. 25. It is denied that the items mentioned in Paragraph 6 of the Complaint were owned by Defendant and that they had the right to remove them. On the contrary, said items were owned by Plaintiff and were part of the Premises, and, pursuant to the terms of the Lease Agreement, were not subject to removal by Defendants but were required to remain on said Premises. 26. Paragraph 26 of the Complaint consists only of statements in the nature of conclusions of law to which no answer is required and, therefore, said statements are deemed to be denied. To the extent said statements are deemed to contain averments of fact, they are specifically denied. On the contrary, it is averred that the responsibility for the damaged items was solely upon the Defendants pursuant to the terms of the Lease Agreement. 27. It is denied that Plaintiff waived its right to bring this action and it is further denied that Plaintiff failed to LAW OF'f"ICrS SNELBAKER a BRENNEMAN make a timely inspection. It is further denied that Article 12 of the Lease Agreement requires Plaintiff to inspect or that any waiver arises by reason of not making such inspection. Paragraph 27 of the Complaint contains conclusions of law to which no -2- A .- answer is required and the same are deemed to be denied. 28. Paragraph 28 of the Complaint consists only of statements in the nature of conclusions of law to which no answer is required and, therefore, said statements are deemed to be denied. To the extent said statements are deemed to contain averments of fact, they are specifically denied. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter judgment against Defendants as demanded in the Complaint. By chard C. Snelbaker (sup. ct. ID# 06355) 44 West Main street Mechanicsburg, PA 17055-0318 Attorneys for Plaintiff LAW OFFICtS SNELDAKER a BRENNEMAN -3- LAW O"JrICCS SNELDAKER a BRENNEMAN -. ... VERIFICATION I, BRUCE WITKOP, being the Executive Vice-President of Universal suppliers, Inc., a corporation and the Plaintiff herein, being authorized to make this verification, hereby verify 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 herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. ~~v~~ ::<.:: -, Bruce tkop Dated: July 14 , 1994 : . .- . . -. CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the within Reply to New Matter upon the Attorneys for the Defendants by sending the same by first-class mail postage paid addressed as follows: Anthony J. Nestico, Esquire Hetrick, Zaleski, Ernico & Pierce, P.C. P. O. Box 1265 Harrisburg, PA 17108-1265 1chard C. Snelbaker SNELBAKER & BRENNEMAN, P.C. Attorneys for Plaintiff Dated: July 18 , 1994 LAW OI"FICES SNELBAKER a BRENNEMAN UNIVERSAL SUPPLIERS, INC., . . Plaintiff . . v. . . : CENTRAL PENN TENNIS . . SERVICE, INC. , DARYL HALL, . . THOMAS SWEITZER, and . . ROBERT H. SCHOTT, . . Defendants . . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2217 CIVIL TERM ORDER OF COURT AND NOW, this l5T~ day of November, 1994, upon consideration of the within Motion to withdraw, a Rule is hereby ISSUED upon Central Penn Tennis Service, Inc. to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, Anthony J. Nestico, Esq. HETRICK, ZALESKI & PIERCE, 10 South Market Square Suite 500 P.O. Box 1265 Harrisburg, Pa 17108-1265 P.C. :rc J t:~~<.~..' ffi<"-'-'.'c<.. /111~ 1'14- .},.f' . ( ^~. _ ''''-~. I l:nv \ I \ \ ,Ill \il '91\ , .1-. '" . HETRICK ZALESKI ERNICO & PIERCE P.C, AnOANIIVS AT LAW 10 SouTH MARMET SQUARE PO';T o"tci Bo_ 1285 HARRttauRO, PENNSVLVANIA 17108-1265 0# NOV. 0 9 1~94~ UNIVERSAL SUPPLIERS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. CENTRAL PENN TENNIS SERVICE, INC., DARYL HALL, THOMAS SWEITZER, and ROBERT H. SCHOTT, NO. 94-2217 CIVIL TERM JURY TRIAL DEMANDED Defendants ORDER AND NOW, this _ day of , 1994, upon consideration of the foregoing Motion to Withdraw, said Motion is GRANTED, and Movant, Hetrick, Zaleski & Pierce, P.C., is hereby granted leave to withdraw as counsel of record in this matter. J. , .' UNIVERSAL SUPPLIERS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. CENTRAL PENN TENNIS SERVICE, INC., DARYL HALL, THOMAS SWEITZER, and ROBERT H. SCHOTT, NO. 94-2217 CIVIL TERM JURY TRIAL DEMANDED Defendants MOTION TO WITHDRAW AND NOW, Hetrick, Zaleski & Pierce, P.C., files this Motion to Withdraw as counsel in the above-referenced action, pursuant to Pa. R.C.P. 1012(b), and avers In support thereof the following: 1. Defendant is Central Penn Tennis Service, Inc. 2. Movant, Hetrick, Zaleski & Pierce, P.C., has represented Defendant In this matter. 3. Plaintiff initiated this suit by filing a Complaint. 4. Defendant thereafter answered. 5. The case has proceeded into the discovery phase. 6. Defendant has failed to pay for the services provided by Movant. 7. Movant also represents Defendant in another proceeding. 8. To date, Defendant owes the Movant a total of $9,865.51. 9. Defendant has failed to remit payment for the services provided by Hetrick, Zaleski & Pierce, P.C., despite numerous requests for payment. / 10. Movant is unable to continue to represent Defendant without compensation. 11. Defendant's primary contact with Movant was Jeffrey A. Emico, Esquire. 12. Mr. Emico left Movant's firm in September, 1994. 13. Defendant has requested that Mr. Emico continue to represent it in this matter. 14. This case remains in the discovery stage, and Movant's withdrawal will not delay any stage of the litigation. WHEREFORE, Movant, Hetrick, Zaleski & Pierce, P.C., respectfully requests leave of Court to withdraw as counsel of record for Defendant Central Penn Tennis Service. Respectfully submitted, 1?~~ Anthony J stico, Esquire Attome .D. # 58868 HETRICK, ZALESKI & PIERCE, P.C. 10 South Market Square Suite 500 P. O. Box 1265 Harrisburg PA 17108-1265 Telephone No.: (717) 236-9581 Date: 11/7/71 2 UNIVERSAL SUPPLIERS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. CENTRAL PENN TENNIS SERVICE, INC., DARYL HALL, THOMAS SWEITZER, and ROBERT H. SCHOTT, NO. 94-2217 CIVIL TERM JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE AND NOW, this 8th day of November, 1994, I, Anthony J. Nestico, Esquire, of the firm of Hetrick, Zaleski & Pierce, P.C., hereby certify that I have served a true and correct copy of the foregoing Motion to Withdraw upon the following persons by depositing a copy in the United States Mail, first class, postage prepaid, addressed to: Richard Snelbaker, Esquire Snelbaker & Brenneman 44 West Main Street Mechanicsburg, PA 17055 Tom Sweitzer, President Central Penn Tennis Service c/o The Hershey Racquet Club 998 Briarcrest Drive Hershey, PA 17033 Jeffrey A. Ernico, Esquire Buchanan Ingersol 30 North Third Street Harrisburg, PA 17101 Respectfully submitted, ;~;.w;... '4.'; ,~,-""~.I ... CENTRAL PENNSYLVANIA SERVICE, INC., Plaintiff TENNIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW . . . . COMPLETE COMPUTER SOLUTIONS, WEST SHORE TENNIS AND FITNESS CLUB, IAN GEISE, individually and as Manager of the West Shore Tennis and Fitness Club, MICHAEL VANDLING, individually and as : the OWner and Operator of the : West Shore Tennis and Fitness Club, Defendants . . . . c- '"" u.' <:::> .'") ~.; , .." :'t'.. .1::- , ,.. '~' I,. . . CP N Ql . '.'... ~. "t: .. :.0 ~. . 1_~: .~~ -1:r -<.... NO. 2766 CIVIL 1993 5: - y:t .c.. . . . . . * UNIVERSAL SUPPLIERS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION - LAW . . CENTRAL PENN TENNIS : SERVICE, INC. , DARYL HALL, : THOMAS SWEITZER, and . . ROBERT H. SCHOTT, . . Defendants . NO. 94-2217 CIVIL TERM . AND NOW, It ORDER OF COURT this 1. 'l day of November, 1994, upon consideration of the Motion To Withdraw and of the attached letter which was mailed by Tom Sweitzer directly to the Court, the Motion To Withdraw is GRANTED. Nothing in this Order is intended to represent a ruling on disposition of files. BY THE COURT, '" ".' / I / J r., J. Anthony J. Nestico, Esq. HETRICK, ZALESKI & PIERCE, P.C. 10 South Market Square Suite 500 P.O. Box 1265 Harrisburg, PA 17108-1265 Tom Sweitzer c/o Central Penn Tennis Service, Inc. 998 Briarcrest Drive Hershey, PA 17033 Defendant :rc Courtesy Copies of Order: Paula McDermott, Esq. Jeffrey Ernico, Esq. Richard Snalbaker, Esq. ~ .<< . ~,. .I' 'vl' ..v~~' " . .. \ " I 11 tt~ ,J'. A ..J .. \. l< V" (t~ ll." I~l~ , l' ~\? ,~.,-Ji"'-"'__"'" - 998 Briarcrest Dr. Hershey, PA 17033 Nov. 23, 1994 >~( . J. Wesley Oler Jr./Judge One Courthouse Square Carlisle, PA 17013 Dear Judge Oler: I am writing in response to the Motion to Withdraw by Anthony Nestico representing Hetrick, Zaleski & Pierce P.C. Central Penn Tennis Service, Inc. agrees to the Motion to Withdraw provided Hetrick, Zaleski & pierce P.C. are directed to turnover all our files to us. There are two cases involved. Universal Suppliers, Inc #94-2217 civil Term and Complete computer Solutions, West Shore Tennis and Fitness Club, Ian Geise # 2766 Civil 1993. Best regards, " ~ S w-evr;, Tom SWeitzer Central Penn Tennis Service, INC. fJ(N (: 9 ~ -" UNIVERSAL SUPPLIERS, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff vs. CENTRAL PENN TENNIS SERVICE, INC., DARYL HALL, THOMAS SWEITZER, and ROBERT H. SCHOTT, : NO. 94-2217 CIVIL TERM : JURY TRIAL DEMANDED Defendants WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance, as well as that of Hetrick, Zaleski & Pierce, P.C., as counsel for the Defendants in this case, pursuant to this Court's November 29, 1994 Order granting leave to withdraw. A copy of the Court's Order is attached. Respectfully submitted, Date: December 13, 1994 HETRICK, ZALESKI & PIERCE, P.C. 10 South Market Square Suite 500 P. O. Box 1265 Harrisburg PA 17108-1265 Telephone No.: (717) 236-9581 ;.,j .,' ".'.:~. \ ~- CENTRAL PENNSYLVANIA TENNIS SERVICE, INC., Plaintiff v. COMPLETE COMPUTER SOLUTIONS, WEST SHORE TENNIS AND FITNESS CLUB, IAN GEISE, individually and as Manager of the West Shore Tennis and Fitness Club, MICHAEL VANDLING, individually and as : the Owner and Operator of the : West Shore Tennis and Fitness Club, Defendants UNIVERSAL SUPPLIERS, INC., Plaintiff v. CENTRAL PENN TENNIS SERVICE, INC., DARYL HALL, THOMAS SWEITZER, and ROBERT H. SCHOTT, Defendants .' , . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . CIVIL ACTION - LAW . . : : . . . . . . . . NO. 2766 CIVIL 1993 * * * * : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . NO. 94-2217 CIVIL TERM tt ORDER OF COURT this 2. 'f day of November, AND NOW, 1994, upon consideration of the Motion To Withdraw and of the attached letter which was mailed by Tom Sweitzer directly to the Court, the Motion To Withdraw is GRANTED. Nothing in this Order is intended to represent a ruling on disposition of files. BY THE COURT, /l /". I , , / I .., r \ ,. , . ...- '" Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNIVERSAL SUPPLIERS, INC., vs. CENTRAL PENN TENNIS SERVICE, INC., DARYL HALL, THOMAS SWEITZER, and ROBERT H. SCHOTT, NO. 94-2217 CIVIL TERM JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE AND NOW, this 13th day of December, 1994, I, Anthony J. Nestico, Esquire, of the firm of Hetrick, Zaleski & Pierce, P.C., hereby certify that I have served a true and correct copy of the foregoing Withdraw of Appearance upon the following persons by depositing a copy in the United States Mail, first class, postage prepaid, addressed to: Richard Snelbaker, Esquire Snelbaker & Brenneman 44 West Main Street Mechanicsburg, PA 17055 Tom Sweitzer, President Central Penn Tennis Service c/o The Hershey Racquet Club 998 Briarcrest Drive Hershey, PA 17033 Jeffrey A. Ernico, Esquire Buchanan Ingersol 30 North Third Street Harrisburg, PA 17101 Respectfully submitted, HETRICK, ZALESKI & PIERCE, P.C. 10 South Market Square Suite 500 P. O. Box 1265 Harrisburg PA 17108-1265 Telephone No.: (717) 236-9581 HETRICK ZALESKI ERNICO & PIERCE P.C. AT TO'INI v.... At LAW 10 SaUlt! MARKET SQUARE: POST OrucL BOlo. 1265 HARH.",uuHn, PrNN,-,vl"ANIA 17106.1265 -:- 61 ~.: ;. .- '.- ,~., . '.;,- c1'l ,.J ('0 --' -- L' ul C.;;) vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNIVERSAL SUPPLIERS, INC., plaintiff . . CENTRAL PENN TENNIS SERVICE, INC., DARYL HALL, THOMAS SWEITZER and ROBERT H. SCHOTT, NO. 94-2217 CIVIL TERM Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE ACTION TO: prothonotary of Cumberland county The above captioned action has been settled and discontinued. Please cause the docket to reflect its discontinuance. I P.C. By ard C. Snelbaker Attorneys for Plaintiff Dated: August S? , 1995 LAW O'I".Ct6 SNELDAKER a BRENNEMAN ..... en - .......... ., ::r:: _"T o ,-c CO ... .' = ,., ::> '"""