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007<<I~II10d0bcr J, 1994/JAJ/KKM/J8H2
R. SCOlT MARTIN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 94-
CIVIL TERM
v.
CIVIL ACTION - LAW
TIRES UNLIMITED, INC.
Defendant
CONFESSION OF JUDGMENT
IN EJECfMENT
CONFESSION OF JUDGMENT
Punuant to the authority contained In the warrant of attorney. a copy of which Is attached to the Complaint
filed in this action, I appear for the Defendant and confess judgment in ejectment in favor of Plaintiff and against the
Defendant for possession of the real property as follows:
1419 Trlndle Road. Carlisle (Middlesex Township), Cumberland County,
Pennsylvania, Including garage, office and storage space comprising approximately
33'0 square feet together with parking areas and other appurtenances,
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:
J s A, Johnson
At orney 1.0. '398
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
007<14I.ooo111o.wbct J. 19941JAJIKXMIJ3552
R. SCOTI' MARTIN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO,94-
CIVIL TERM
v.
Defendant
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
IN EJECTMENT
TIRES UNLIMITED, INC.
COMPLAINT PURSUANT TO RULES 2951(b) AND 297I(a)
FOR CONFESSION OF JUDGMENT FOR POSSESSION
OF REAL PROPERTY AND MONEY DAMAGES
AND NOW, comes the Plaintiff. by and through his attorneys. Johnson. Duffie. Stewart &: Weidner, and aver
as follows:
I. The Plaintiff is R, Scott Martin, an adult individual residing at 1419 Trindle Road, Carlisle (MiddlesOlt
Township), Cumberland County. Pennsylvania 17013.
2. The Defendant. Tires Unlimited. Inc., is a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania with oftkes at 57 S. Pin Oak Drive, Boiling Springs, Cumberland County,
Pennsylvania 17007,
3. On or about April 2. 1990, the Plaintiff and Defendant entered into a Lease Agreement, a true and
corre..1 copy of which and ilS addendums being attached hereto as Exhibit. A. and made a part hereof by reference.
4. Said Lease Agreement has not been assigned by the Plaintiff.
5. Defendant Tires Unlimitoo, Inc. currently occupies the leasoo premises at 1419 Trindle Road, Carli&lo
(Middlesex Township), Cumberland County, Pennsylvania, including garage. office and storage space comprlain&
approximately 3350 square feet together with parking are3li and other appunenances.
OO1#HlOOIIlo.:tobcr J. 199411AJIKXM/Jljj2
VERIFICATION
I, R. Scott Manin, do verity that the Itatements made in the foreaoilla Complaint for Confeaslon of ludament
are true and correct to the best of my knowledae, Information and belief. I understand that falsft statements made
herein are subjeQ to the penalties of 18 Pa.C.S. 14904 relatinato unsworn falsification to authorities.
--?
~~
- R. Scott Manin
Dated:
I().~.'\,+
LEASE AGREEMENT
This agreement of lease,made in duplicate this 2nd day of April. 1990, effective as of
the 15th day of May, 1990, by and between R, Scott Maron, 1419 Trindle Road, Carlisle.
Pennsylvania 17013, hereinafter referred to as "Lessor", Tires Unlimitetl. Inc.. 401 East Louther
Street, Carlisle Pennsylvania 17013 hereinafter referred to as "Lessee", Witnesseth:
Whereas, Lessor is intereste(! in leasing the garage and office located at 1419 Trindle Road,
Carlisle, Middlesex Township, Cumberland County. Pennsylvania and Lessee is interestC() in
acquiring the rights for use of said property.
Now, therefore, in consideration of the rents, covenants and agreements contained herein.
Lessor does hereby lease and demise unto Lessee approximately 2.400 square feet of garage
space, ~oo square feet of office space and ISO square feet of storage space in said building,
together with the parking areas locarC() in front of anti behind the building, to be operarC() as a retail
and wholesale tire store and automotive inspection cenler, Lessor believes the intendc() use is
pc',rmitted under present zoning requirements applicable to subject property.
To have and to hold unto Lessee. subjecttQ the terms and conditions of this Agreement. for a
term of five (5) years, commencing on the frrst day of May, 1990, and ending on the 30th day of
April, 1995.
In consideration of which, Lessee agrees to pay Lessor as rent for the use and occupancy of the
demised premises, the sum of One HundrC() Eight Thousand, Two Hundred Forty ($108.240.00)
Dollars during the tenD hereof, payable on the first of each month without funher demand in
monthly installments of $1,600.00, in advance, durin!\ the first year of said term; in monthly
installments of $1,696.00, in advance, during the second year; in monthly installments of
$1.798.00, in advance, during the third year; in monthly installments of $1,906,00, in advance,
during the founh year; and in monthly installments of $2.020.00 during the fifth and final year of
said term. Lessee funher agrees to pay a penalty of five (5) per cent of the monthly installment on
any payment not made by the twenty-fifth day of the month in which it is due.
As a funher consideration for the use and occupancy of the demisC() premises. the panies
hereto agree to faithfully keep and be bound by the following covenants, conditions and
aSfC':tnents:
1. Lessee shall keep and maintain the demised premises in as ~ocvl repair and condition as at
the beginning of occupancy by Lessee, and at the expiration of thi .greement the demisC()
premises shall be surrenderC() in like repair and condition, normal anti ordinary wear and tear and
damages happening by frre, storm or other casualties only excepted,
2. Lessee shall not make any alterations, additions or improvements to the demisC() premises
or affix,'any showcase or sign to the premises of which the demisC() premises are a part without the
prior written consent of Lessor. Such consent will not be unreasonably withheld. All alterations,
additions and impmvements made by Lessee to the demisC() premises. except mo'lable and
detachable personal propel1y brought in at Lessee's expense, shall be and remain the property of
Lessor and shall remain upon and be surrendered with the demisC() premises, as a part thereof, at
the termination of this Agreement.
Exhibit "A"
3. Lesso.. shall provide for payment of all real estale laxes and assessments levicd al1d
assessed against the demised premises and shall provide waler and sewer to the demised premises.
Lessee shall maintain all exlerior lighting presently in place. provide snow removal from the
parking lot and e)tterior walkways of the premises of which lhe demised preml~es arc a pan, shall
pay all other utilities and services, including but not limited to elecmciry and telephone, shall keep
the demised premises in a clean and sanitary condition, shall keep the parking area open for
ellstomer access and shall remove promptly all trash, garbage or other debris which may
accumulate thereon to me trash or refuse removal area designaled by Lessor.
5. All damages or injuries done to the demised premises and caused by Lessee, its agents,
employees or invitees shall be repaired by Lessee. Otherwise. unless damaged by Lessee, its
agents tmployees or invilees, all maintenance and repairs [0 the exterior of the premises of which
the demised premises are a part and repairs 10 the demised premises shali be done by Lessor.
Lessee agrees to make all repairs required by him under the provisions of hereof upon five (5)
days' written notice given to him by Lessor. and if Lessee shall neglect 10 make said repairs or
commence to make the same promptly or within ten (10) days afler receipt of said notice, Lessor
shall have the right to make said repairs at the ex!"ense and cost of Lessee, and the amount thereof
may be collected as additional rent accruing for the month following the date of said repairs; and if
the said expense is incurred at the tetminalion of this Agreement, then the cost so made may be
collected by Lessor as additional rent for the use and occupancy of the demised premises during the
entire term.
4. No unlawful activiry or business shall at any time be carried on or conducted upon the
demised premises. Lessee shall conform to and comply with all laws and regulations relating to the
possession and use of the dc:mised premises and shall fully indemnify. protect and save hannless
Lessor against acmal or assened violations and pay all costs and expenses of every character
occasioned by or arising out of the possession and use of the demised premises,
6. Each of the panies herero agree to insure the demised premises and its contents to protect
the respective interests of each in the demised premises and the contents thereof. and to pay the
premiums therefor, In addition, Lessee shall obtain and keep in full force and effect. at its expense,
public liabiliry and property damage insurance in an amount not less than Five Hundred Thousand
($500,000) Dollars with respect to the premises, including but not limited to the demised premises
and the business to be conducted thereon by Lessee, to protect Lessor against any and all liability.
Lessee agrees to be responsible for and to relieve and hereby relieves Lessor from all liability by
reason of any injury, death or damage to any person, including but not limited 10 Lessee, its agents,
employees, invitees, or propeny. whelher belonging to Lessee or any other person or whether any
such injury, death or damage is caused by or results from the negligence of any person or persons
whatsoever. Lessee agrees to fully indemnify, protect and save harmless Lessor against any such
injury, death, damage, loss or expense as to all claims or liabiliry resulting from accidents,
negligence or from any other cause whatsoever. Lessee shall give to Lessor prompt written notice
of any accidents or damage to the premises or happening thereon, or of any defects in the water
pipes. elecmc wiring or heating apparatus. Lessee shall do nothing upon the premises contrary to
the conditions of the policies of insurance upon the buildings and improvements thereon whereby
the hazard may be increased or the insurance invalidated. Proof of all such insurance shall be
submitted to Lessor upon Lessor's request. In the event that Lessee shall fail ro pay said insurance
premiums when due, Lessor may elect to pay the same and may collect as rent due and in arrears
such premiums as Lessor shaH have paid.
7, Lessor expressly reserves the right to enter upon the demised premises at all reasonable
times for the purpose of making necessary inspections, repairs, or to show the same to prospective
purchasers or Lessees, ar.d may display "for rent" or "for sale" signs thereon.
I
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8. In the event that the demised premises arc lotall)' destroyed or so damaged b)' lire or other
casualty, n(lt occurring through willful miscnnuuc'! hy or negligence of Lessee, its a:;enls,
employees or invitees, that the same cannot be repaired or restored within a reasonable time. this
Agreement shall absolutely cease and terminale, and the rent shall abate for the balance of the term.
Otherwise, this Agreement shall remain in full force and effect. NOlWithstandlOg anything (0 the
contrary contained herein, if the damage caused as above be only partial and such that the demised
premises can be rcstorcd to their (hen condition ....ithin a rcasonable time, Lessor may elect to
restore the same with reasonable promptness, reserving the rigntto enter upon the demised
premises for that purpose, ussor also re~erves the right to enter upon the demised premises
whenever necessary to repair damage caused by fire or other casualty to the building of which the
demised premises are a part, even though the effect of such entry be to render the demised premises
or a part thereof untenantable, In either event, the rent shall be apponioned and suspended during
the ome ussor is in possession, taking into account the proponion of the demised premises
rendered untenantable and the duration of Lessor's possession. If a dispute arises as to the amount
of rent due under L'lis Paragraph 8, Lessee agrees to pay the full amount claimed by ussor;
however, Lessee shall have the right to proceed by law to recover any elCcess payment. Lessor
shall make such election to repair the demised premises or to terminate this Agreement, as above
provided, by giving wrinen notice thereof to Lessee within thiny (30) days from the date Lessor
receives notice that the demised premises have been destroyed or damaged by fire or other casualty,
Funher, in the event that ussor repairs the demised premises, the parties hereto shall make all
insurance funds available, from whatever source, to ussor for that purpose. Finally, ussor shall
not be liable for any damage, compensation or claim by rcason of inconvenience or annoyance
arising from the nccessity of repairing any portion of the building, the interruption in the use of the
demised premises, or the termination of this Agreement by reason of the total destruction of the
building or the demised premises,
9, If at any time durine the term of this Agreement, Lessor shall be required by any law or
governmental rule or regulai;on to make any alterations or improvements to the building and the
premises of which the demised premises are a part as a condition for the continued possession and
use of the demised premises by Lessee, Lessor may elcctto make such alterations or
improvements, reserving the right to enter upon the demised premises for that purpose, Lessor
shall make such election by giving wrinen notice thereof to Lessee within thiny (30) days from the
dale Lessor receives notice from any governmental authority to make such alterations or
improvements. Otherwise, this Agreement shall absolutely cease and terminate, and the rent shall
abate for the balance of the term, The parties hereto shall mutually agree upon the proponionate
amount and method of payment of all funds necessar)' to make such alterations or improvements
which ussee shall contribute to Lessor for that purpose. Funher, in the event that ussor makes
such alterations or improvements, the rent shall be apponioned and suspended during the time
Lessor is in possession, taking into account the proportion of the demised premises rendered
untenantable and the duration of Lessor's possession. If a dispute arises as to the amount of rent
due under this Paragraph 9, us see agrees lO pay the full amount claimed by ussor; however,
Lessee shall have the right ro proceed by law to recover any elCcess payment.
10. During the term hereof, neither the whcle nor any portion of the demised premises shall be
sublet, nor shall this Agreement or any interest therein be assigned, nor shall ussee remove or
attempt to remove from the demised premises during the term hereof without the prior wrinen
consent of Lessor, which consent. shall not be unreasonably withheld.
11, If ussee defaults in the payment of any part of the said rent after the same becomes due for
more than thiny (30) days, or if Lessee shall remain in default under any of the other covenants or
conditions of this Agreement for a period of thiny (30) days after wrinen notice to cure such
default, all of the rent reserved for the full term of this agreement remaining unpaid shall become
due and payable immediately and may be collected fonhwith by distress or othcl'\\ise; and at rhe
same time Lessor mlY forfeit and annul the unelCpired portion of this Agreement and enter upon and
repossess the demised premises with or without process of law and without giving any notice
whatsoever. The prothonotary or any attorney of record in Pennsylvania is hereby authorized to
appear for and confess judgement against Lessee and in favor of ussor for the full amount of said
unpaid rents, wai\ing all irregulanies and without notice.
12. Acceptance by Lessor of any of the said rent at any time aftcr the same shall become due,
after default has occurred in the payment thereof, or any failure to enforce any pf the rights herein
reserved to Lessor or any of the penalties, forfeitures or conditions herein contained shall not in any
way be eonsidered a waiver of the right to enforce the same at any time without any notice
whalSOeVer, and any anempt to collect the said rent by one proceeding shall not be considered as a
waiver of the right to collect the same by any other proceeding, but all of the rights of Lessor and
all forfeitures, penalties and conditions may be enforced together or successively at the option of
Lessor.
13, It is funher agreed by and between the parties hereto that if Lessee shall become insolvent,
all of the rent reserved by the full term of this Agreement remaining unpaid shall become due and
payable immediately and m;ly be collected fonhwith by dislTCss or otherwise.
14. Lessee hereby waives the usual notice to quit and agrees to surrender the demised
premises at tho: expiration of the term hereof, or at the tennination of this Agreement, without any
notice whatsoever, And, upon any proceeding instituted for the recovery of said rent, either by
dislTCss or otherwise, Lessee waives the benefit of all appraisement, stay and exemption laws, the
right of inquisition on real estate, and all bankruptcy or insolvency laws now in force or hereafter
passed.
15. Upon the breach of any of the covenants or conditions of this Agreement or upon its
termination by forfeiture, default or expiration, the Prothonotary or any anomey of any coun of
record of PeMsylvania is hereby authorized to appear for and to confess judgment in an amicable
action of ejectment against Lessee and in favor of Lessor for the demised premises and to direct the
immediate issuing of a writ of possession to include a clause for costs and rent due, waiving all
irregularties, without notice and without asking leave of court.
16. III consideration of the rents, covenants and agreements herein expressed, provided that
Lessee has not defaulted in t1:e payment of rent and has not otherwise breached any of the
covenants or conditions of this Agreement, it is funher agreed that Lessee shall have the option to
renew this Agreement for the following five (5) successive option periods of one (1) year each.
The monthly installments shall be payable as follows; option period I, $2,140 per month payable
in advance; option period 2, $2,270 per mOilth; option period 3, $2,405 per month; option period
4, $2,540 per month; and option period 5, $2,700 per month. At least ninety (90) days before the
expiration of the then current term of this Agreement, Lessee shall notify Lessor in writing of his
intention to terminate this Agreement or of his intention to exercise the option then applicable.
17. If, during the term of this agreement, Lessor should receive a bonefide offer to purchase
demised premises Lessor shall be obliged 10 first offer the property to Lessee at said price,
provided Lessee has not defaulted in the payment of rent and has not other breached any of the
covenants or conditions of this agreement. Lessee shall have the right to arrange a cash purchase of
the property at the offering price within a period of thirty (30) working days from date of receipt of
wrinen notification by Lessor or will forfeit its right to purchase the property for that price.
Lessor's notice will be deemed to be delivered to the l..c'Ssee three days after delivery [0 the US
Postal Service if Lessee is not available for personal delivery for any reason, Lessee's refusal or
faillD'C to exercise this right of first refusal in cOMection with any bonefide offer will release Lessor
from this requirement in connection with subsequent offers received from the same or any other
purchaser.
18, All notices, demands and requests which mayor are required to be given by either party to
the other shall be in writing and either delivered personally to the other or sent by registered or
certified mail to the addresses of the respective parties or at such other place as either party may
hereafter notify the other.
ADDENDUM TO LEASE
THIS IS AN ADDENDUM
MARTIN (Lessor) and
day of March, 1990.
modified to add the
to the Lease Agreement between R, SCOTT
TIRES UNLIMITED, INC" (Lessee) dated the
The aforementioned Lease Agreement is hereby
following paragraphs:
1. The parties' aCknowledge that Lessor has agreed to
perform certain electrical work required by Lessee for Lessee's
use'of the subject property with said electrical work to be
performed by Lessor at no labor charge to Lessee with Lessee only
reimbursing Lessor for costs of materials.
2.
subject
term of
Lessee.
The phone system which is currently located at the
p~operty is to remain as part of the property during
the Lease Agreement for the use and benefit of the
the
3. Lessor agrees to resurface the parking area on the
subject property at Lessor's expense, said work to be completed
within six months of the commencement of this Lease Agreement.
4. Lessor agrees to provide reinforcement and improvement
work on the loading dock of the subject property at Lessor's
expense, said work to be performed within twelve months from the
commencement of this Lease Agreement.
S. Lessor agrees to paint the outside of the subject
property and also the inside walls at Lessor's expense.
6. The Parties agree that Lessee may pay only Fourteen
Hundred ($1,400.00) Dollars per month rather than Sixteen Hundred
($1.600.00) Dollars per month during the first year cf the Lease,
with the difference of Two Hundred (S200,OO) Dollars per month
which will total Twenty-four Hundred ($2,400.00) Dollars to be
repaid by Lessee to Lessor within three years at no interest.
7. As further consideration for the entering into of this 1'1
Lease Agreement, Lessor agrees to sell to Lessee an Ingersoll-
Rand 7-1/2 hp compressor at a purchase price of Two Thousand
($2,000.00) Dollars to be paid with a Nine Hundred ($900,00)
Dollar , down payment at time of delivery and One Hundred (SlOO.OO)
Dollars per month thereafter for a periOd of eleven months, with
no interest accruing on the balance owing on said payments.
ADDENDUM TO LEASE
1, RENT, The original lease agreement made April 2, 1990 will be
ammended as follows: Commencing April 1, 1994 the last month of the
4th year of the agreement ~ill be changed from $1906.00 to $1500.00.
Commencing May 1, 1994 to April 30, 1995 will be changed from $2020.00
to $1500.00,
2, TERM. The remainder of the lease will be entirely the same as
made April 2, 1990.
The covenants, terms and conditions of this Agreement shall in no
other way be changed or altered except by writing signed by the
parties hereto, Further, the covenants and agreements herein
contained shall apply and inure to the benefit of the parties hereto
their respective heirs, pe~sonal representatives, successors and '
assigns.
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THes iIi1 imi ted, Inc.
Date
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