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Home My WebLink About02-4078 GODFREY & COURTNEY, P.c. BY: E. Ralph Godfrey, Esquire Attorney I.D. No. 77052 P.O. Box 6280 Harrisburg, P A I7112 (717) 540-3900 Attorney for Plaintiff CAPITAL AREA PROPERTY MANAGEMENT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. NO. 0,;2.. 407 f OPERATION CROSSROADS, INC, d/b/a THE CROSSROADS CAFE, CML ACTION - LAW Defendant TO: Operation Crossroads, Inc. d/b/a The Crossroads Cafe 7 West Main Street Mechanicsburg, PA 17055 NOTICE VOU HA VB 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 Amended Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or o~ections to the claims set forth against you. You are WBIIled that if you tail to do so the case may proceed without you and a judgment may be entered against you by the Court: without fwther notice for any money claimed in the Amended Complaint or for any other claim or relief requested by the Plaintiff. Yau may lose money or ft'operty or other rights important to you. YOU SHOULD TAKE TInS PAPER m YOUR LAWYER AT ONCE IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO m OR lELEPHONE TIJE OFFICE SET FORTI! BELOW m FlNDOUT WHElm YOU CAN GET LEGAL HELP" NOTICA USTED HA SIDQ DEMANDAIX>lA EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siquientes paginas, debe tomar accion dentro de 108 proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personahnente 0 pot media de WI abogado una comparecencia escrita y mdicando en 18 Corte par escrito sus defensas de, y objecciones a., las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anterionnente, el caso puede proceder sin usted y Wl fallo par cualquier suma de dinero reclamada. en la demanda 0 cualquier otra reclamacion or remedio solicitado par el demandante pucde ser dictado en contra suya par la Corte sin mas aviso awcional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTEDDEBELLEVARESlEDOCUMENTOASU ABOGADO INMEDIATAMEN1E SIUSlEDNO TIENE UN ABOGADOO NO PUIillE PAGARLE A UNO. LLAME 0 V AY AA LA SIGUIENTE OFICINA PARA A VERIGUAR OONDE PUIillE ENCONTRAR ASISlENCIA LEGAL" CUMBERLAND COUNTY BAR ASSOCIATION 2 LIDERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 CAPITAL AREA PROPERTY MANAGEMENT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. NO. OPERATION CROSSROADS, INC, d/b/a THE CROSSROADS CAFE, CML ACTION - LAW Defendant COMPLAINT AND NOW, comes the Plaintiff, Capitol Area Property Management, by and through its attorneys, E. Ralph Godfrey, Esquire and Godfrey & Courtney, P.c., and avers as follows: 1. Plaintiff, Capitol Area Property Management, ("Plaintiff") is a Pennsylvania Corporation with a principal place of business located at 11 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Operation Crossroads, Inc. d/b/a The Crossroads Cafe, is a Pennsylvania Corporation ("Defendant") with a principal place of business located at 7 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about September 1,2000, Defendant entered into a three (3) year lease agreement ("Agreement") with the former owner, Thomas M. and Paula L. Kinney, d/b/a Kinney Associates ("Kinney"), for the property located at 7 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. Said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Agreement was assigned to Plaintiff by Kinney. A copy of the Assignment is attached hereto as Exhibit "B" and incorporated herein by reference. 5. Pursuant to Section Four (4) of the Agreement, Defendant agreed to pay monthly rent in the amount of Twelve Hundred Thirty Six and 001100 ($1,236.00) Dollars for the term beginning September I, 2001 and ending August 31, 2002. 6. On June 29, 2002, Defendant breached the terms and conditions of the Agreement by vacating the premises prior to the expiration of the lease term and by failing to pay the monthly rent as required by Section Four (4) of the Agreement. 7 Section Nineteen (19) of the Agreement provides that should Defendant fail to pay any installment of fixed rent, which shall continue for thirty (30) days, Defendant is liable for one (1) year's payments at the current rent, forfeiture of the security deposit, all court costs, reasonable attorney's fees, and other expenses which may be incurred by Plaintiff a result of the breach of the Agreement. 8. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all rent due and owing under the Agreement, which has been in excess of thirty (30) days, all to the damage of Plaintiff. 9. Plaintiff has performed any and all conditions precedent to the bringing of this action. COUNT I BREACH OF CONTRACT 10. The averments of paragraphs 1 through 9 are hereby incorporated by reference. 11. As a result of the breach of the Agreement, Plaintiff has been damaged in the amount of Fourteen Thousand Eight Hundred Thirty Two and 00/100 ($14,832.00) Dollars. 12. Plaintiff has retained the services of the law firm of Godfrey & Courtney, P.C. in order to collect the amounts due from Defendant. 13. As a result of the breach of the Agreement, Plaintiff has incurred reasonable attorney's fees in the amount of Four Thousand Four Hundred Forty Nine and 60/100 ($4,449.60) Dollars in the collection of amounts due and owing by Defendant. 14. As a result of the breach of the Agreement, Plaintiff has incurred court costs and other expenses, and Plaintiff shall continue to incur costs and expenses throughout the conclusion of the proceedings. WHEREFORE, Plaintiff demands judgment in the amount of Nineteen Thousand Two Hundred Eighty One and 601100 ($19,281.60) Dollars, together with interest, damages for delay, costs of this action, and such other relief as the Court deems just and proper, which amount is within the limits for compulsory arbitration. GODFREY & COURTNEY, P.c. By E. Ralph Godfrey, Eire Attorney J.D. No. 77052 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 Dated: ~ ref !{j~ Attorneys for Plaintiff B2/86/2B88 88;55 7174411839 JACK LEISEY PAGE 83 KINNEY ASSOCIATES 211 Boaver DrIve Meohanlcsburg, PA 17050 (717) 763.8719 (Office) · (717) 763-1192 (Residence) COMMERCIAL LEASE BETWEEN THOMAS M. AND PAULA L. KINNEY d/b/a KINNEY ASSOCIATES AS LANDLORD AND OPERATION CROSSROADS, INC. dlbla THE CROSSROADS CAFE AS TENANT 7 WEST MAIN STREET MECHANICSBURG, PA 17055 Exhibit A E0 39\1d B53 ^3~ja09 \1NNOa 00065PoL1L 51:01 0000/10/80 ~~/~b/~~~~ ~6:55 7174411039 JAO< LEISEY PAGE 94 SUMMARY PAGE LANDLORD: Thomas M. and Paula L. Kinney 211 Beaver Drive Mechanicsburg, Pennsylvania 17055 (717) 763-1192 TENANT: Operation CroBsFlOllda, Inc. dIbIa The Cl'O$8Roads Cafe PROPERTY LOCATION: 7 West Main Street Mechanicsburg, PA 17055 RENT; Initial: Three (3) Years Option.: Three (3) Conseoutive Periods of Three (3) Years Each Anticipated Commencement Date: September 1, 2000 Flent payments will be $1 ,200.00 per month. TERM: P0 39\1d B53 ^3~ja08 \1NNOa 00065PoL1L 51:01 0000/10/80 02/0&/2eee ee:5G 7174411e39 JACK LEISEY LEASE AGREEMENT INDEX ~CTIQN 1 Description of Premises 2 Term 3 Quiet Enjoyment 4 Rent 5 Use of Premises 6 Utilities 7 Repairs and Maintenance 8 Surrender of Premises 9 Damage or Destruction 01 Premises 10 Non-Liability of Landlord for Damages 11 Fire Insuranoe 12 liability Insurance 13 Assignment, Sublease, or License 14 Improvements or Additions by Tenant 15 Improvements or Renovations by Landlord 16 Signs 17 Condemnation 18 Holding Over 19 Forfeiture 20 Tenant's Remedies of Default 21 Licenses 22 Taxes and Assessments 23 Landlord to Have Access 24 Renewal Options 25 Law 26 Headings 27 Force Majeure 28 Offer 29 Seourlty 30 Lease Disclaimer 31 Equipment Waiver 32 Signature Page 50 39\1d B53 ^3~ja09 \1NNOa 00069PGL 1L PAGE 05 51:01 0000/10/80 e2/e~/200e 0e:56 7174411039 JAG< LEISEY PIWE 96 LEASE AGREEMENT This Agreement, hereinafter referred to as "Lease,. made and entered into by and between Thomas M. and Paula L. Kinney, d/b/a KInney Assoolates, hereinafter referred to as "Landlord," and Operation CrossRoads, Ino. d/b/a The CrossRoads Cafe, collectillsly referred to as "Tenant." In consIderation of the mutual covenants herein contained, the parties agree as follows: SECTION ONE DESCRIPTION OF PREMISES Landlord leases to Tenant and Tenant leases from Landlord the premises located al7 West Main Street, Mechanicsburg, PA 17055, which contains approxlmate!y 2,400 square feet, hereinafter referred to as the .Premises." SECTION TWO TERM The term of this Lease is three (3) years beginning upon mutual Landlord and Tenant acceptance of this Lease by sIgning the signature page. It is anticipated that this Lease shall oommence on September 1, 2000. SECTION THREE QUIET ENJOYMENT Lessor covenants, warrants, and represents that upon commencement of the Lease term, Lessor has full right and power to execute and preform this Lease. and to grant the estate demised herein; and that Tenant, upon the payment for the rent herein reserved and performance of the covenants and agreements hereof, shall peaceably and quietly have, hold, and enjoy the Demised Premises and all rights, easements, covenants, and privileges belonging or in any way appertaining thereto, during the term of this Lease. SECTION FOUR RENT The base rent for said Premises shall be $43.200.00, payable in advance without prior demand In monthly installments of $1,200.00 per month. The base rent Is subject to a three percent (3%) annuallnorease on the anniversary date of the Lease. Rent is due postmarked by the first day of each month. Any rent received after the fifth 90 39\1d B53 ^3~ja09 \1NNOa 00065PGL 1L 51:01 0000/10/80 B2/B6/2000 08:56 71 74411039 JACK LEISEY PAGE 07 day is late and may result in a Twenty-Five Dollar ($25.00) late charge to the Tenant. SECTION FIVE USE OF PREMISES The Premises shall be used for the operation of 8 restaurant. Landlord warrants that Tenant's use does not conflict with any elColuslve clauses in the building. Tenant may not engage in any other type of business without the written permission of the Landlord. SECTION SIX UTILmES Tenant shall arrange and pay for electric and gas fumished to the Premises during the term of this Lease. Landlord will pay for water, sewer, heat, and trash removal. SECTION SeVEN REPAIRS AND MAINTENANCE Landlord shall, at his expense. maintain the exterior of the building, including the walls, foundations, walks, driveways, parking areas, and the structural portion of the leased Premises, in good oondltion and repair, except if damaged by Tenant. Landlord will maintain, at his own expense. the heating and air oonditioning system. Landlord warrants that the Premises, Including the healing and air conditioning system. plumbing, and electrical systems on the Premises, will be in compliance with allloeal building codes, in good working order, and that the roof will be free of leaks upon commencement of the term of this Lease. Tenant shall, at its elCpense, maintain in good condition the doors and interior of the Premises. The Tenant Is responsible for snow removal from the sidewalk in front of the Lease property. If the Tenant falls to provide snow removal for this area with a reasonable time frame, the Landlord has the right to arrange for the snow to be removed and bill the Tenant for this service. The Landlord is responsible for snow removal in the parking lot area. SECTION EIGHT SURRENDER OF PREMISES Tenant shall surrender the Premises at the end of the Lease term, or any extension thereof, in the same condition as when it took possession, allowing for the L0 39\1d B53 ^3~ja09 \1NNOa 00065PoL 1L 51:01 0000/10/80 Q~/Db/~~~~ ~~:~b 'l''!'!lltl;:!';! JACK LEISEY PAGE 08 usual and reasonable wear and tear or casualty expected. smCTION NINE DAMAGE OR DESTRUCTION OF THE PREMISES If the Leased Premises are damaged or partially destroyed by fire, casualty or other cause not resulting from Tenant's neglect or fault, during the term of this Lease or extension, Landlord shall promptly repair them within ninety (90) days after the damage or partial destruction. SECTION TEN NON-LIABILITY OR LANDLORD FOR DAMAGES Landlord shall not be responsible for liability damage claims for injury to persons or property for any cause relating to the occupancy of the Premises by Tenant. Tenant shall indemnify Landlord from all liability, 1088, or other damage olaims for obligations resulting from any Injuries or losses of this nature, inoluding reasonable attomey's fees and court costs incurred by Landlord in defending any such olaims, except when caused by the negligence of the Landlord. his agent, servants, or employees. SECTION ELEVEN FIRE INSURANCE Tenant is responsible for its own insurance to cover its own contents located on the Premises, and all of the personal property and equipment included in the Premises. Landlord shall not be liable for any damage to the property or person of any of the Tenant's officers, employees, agents, or guests from perils oustomarily covered by fire and extended coverage for the Premises by a responsible insurance company authorized to do extended coverage insurance in that state in which the Premises is looated. Tenant shall maintain fire Insurance and extended coverage of the Interior contents of the Premises In the minimum amount of One Hundred Thousand Dollars ($100,000.00). SECTION TWELVE UABIUTY INSURANCE Tenant shall procure and maintain in full force, at its al/pense, during the tenns of this Lease and any extension thereof, public liability Insurance which shall b8 adequate to protect against liability for damage claims through public use of or ariSing out of any accident occurring in or around the Leased Premises, in a minimum amount of Three Hundred Thousand Dollars ($300,000.00) for each person Injured, Six 80 39\1d B53 ^3~ja09 \1NNOa 00065PoL 1L 51:01 0000/10/80 ULIUD,~gO~ ~~:~, 11 IqqlLl:l;;l~ JAO< LEI5EY PAGE 1!19 Hundred Thousand Dollars ($600,000.00) for anyone accident, and Thirty Thousand Dollars ($30.000.00) for property damage insurance. Landlord shall be named as Loss Payee in 6uch policy and Tenant shall fumish Landlord with a Certificate of Insurance with reference to the same. seCTION THIRTEeN ASSIGNMENT, SUBLEASE, OR LICENSE Tenant shall not assign this Lease or sublease the Premises, or any right or privilege connected therewith, or allow any other person, except agents, employees, and customers of the Tenant, to occupy the Premises or any part thereof, without first obtaining the written consent of Landlord, Which consent shall not be unreasonable withheld. A consent by Landlord shall not be a consent for subsequent assignment. sublease, or oooupation by other persons. An unauthorized assignment, sublease, or Ilcense to occupy by Tenant shall be void and shall terminate the Lease at the option of the Landlord. The interest of the Tenant in this Lease Is not assignable by operation of law, without the written consent of the Landlord. SECTION FOURTEEN IMPROVEMENTS OR ADDITIONS BY TENANT OI.Iring the term of this Lease, Tenant shall have the right of remodeling or altering the interior of the Premises, In accordance with all codes, ordinances, and laws In effect at the time of remodeling. No alterations or improvements affeotlng the structural portion of the building shall be made by Tenant without the written consent of the Landlord. No alterations of any type to the electrical system can be made by the Tenant without the written permiSSion of the Landlord. Any and all improvements made by the Tenant during the term of this Leaae Agreement become the property of the Landlord, without compensation to Tenant. Tenant is responsible for all permits required for suoh Improvements. Equipment and proPerty of Tenant remains property of Tenant. SECTION FIFTEEN IMPROVEMENTS OR RENOVATIONS BY LANDLORD Landlord agrees to close door opening in the dish room, change all damaged ceiling tiles, replace all burned-out fluorescent lights, and olean out the back room area. It should be understood that the back room is oommon area and is not included in the Leased Premises (2,400 sq. ft.). 50 39\1d BS3 ^3~ja09 \1NNOa GGG65PGL 1L 51:Gl G00l/10/80 ...........&..1.IU..:J;J ..IAl..'K L.1:.!l5EY PAGE lB SECTION SIXTEEN SIGNS Tenant must obtain permission from Landlord to erect any sign(s) permitted by local codes and ordinances. Such permission Is required to ooordinate this activity with other tenants and will be granted without any undo limitations. Landlord and Tenant agree that said signs shall be installed that are removable without damage to the facade of the building or its structure. SECTION SEVENTEEN CONDEMNATION If the whole or part of the demised Premises shall be taken by any lawful authority under the power of eminent domain, then this Lease and the term demised, shall thereupon terminate and Tenant shall be liable for rent only up to the date of such termination. In the event of the partial Qr oomplete taking of the improvements, as aforesaid, Tenant shall be entitled to participate in any and an awards for such taking to the extent that any such award inoludes the loss, if any, sustained by Tenant as a result of the termination of this Lease for loss of business, fixtures, and moving expenses. SECTION EIGH1'EEN HOLDING OVER The failure of Tenant to surrender the Premises upon the termination of the orlginall.ease term or extension, and subsequent holding over by Tenant, without consent of the Landlord, shall result In the creation of tenancy for month-ta-month at the current rent, payable on the first day of each month during the month-ta-month tenancy. This provision does not give Tenant any right to hold over. Rent during any hold over period will be paid at One Hundred Twenty-Five Percent (125%) of current rent until any month-to-month tenancy is resolved. SECTION NINETEEN FORl'=EITURE In the event Tenant's failure to pay any installment of fixed rent, or any other monies agreed by it to be paid under thlil terms hereof, shall continUe for thirty (30) days, or In the event Tenant's failure to keep or perform any of the other terms or ccnditions of this Lease for thirty (30) days after written notice thereof, Landlord shall be entitled to brIng suit for said rent dUe, or deolare the rights of the Tenant under this Lease as terminated, and thereafter rClcover possession of said Premises and financial 01 39\1d BS3 ^3~ja09 \1NNOa GGG55PGLIL Sl:Gl l00G/10/80 ~L'DO(.~ac ~~;~I Il/441HI;J'l JACK LEISEY PAGE 11 obligations through legal process. It Is further agreed that If th~ Tenant shall become Insolvent, make an assignment for the benefit of creditors, commit any act of bankruptcy, file a voluntary petition of bankruptcy filed against the Tenant, all the rent reserved for the full term of this Lease shall become due and collectable Immediately by distress or otherwise. In the event of tennination and re-entry by the Landlord in accordance with the foregoing, Tenant shall be Obligated to Landlord for any loss of rent and Tenant covenants and agrees to pay all court oosts, reasonable attorney's fees, and other expenses which may reasonably be incurred by Landlord, in any court proceedings, either in law or IneqUity, arising out of said default or breach of oovenant by Tenant. Notwithstanding anything in this Lease to the contrary, Tenant's liability for Lease payment upon default shall bslimited to a period of one (1) year's payments at the current rent and forfeiture of the security deposit. SECTION TWENTY TENANT'S REMEDIES ON DEFAULT In the event of any default by Landlord in the perfonnanoe of any promise or obligation to be kept or performed hereunder and the default continues for a period of thirty (30) days after receipt by Landlord of a written notice from Tenant specifying the default, in such event Tenant, at its election, can declare this Lease terminated and void and vacate the Premises within an additional period of thirty (30) days, paying rent only to the date of said vacating. Any notice which Is to be given to landlord shall be deemed sufficiently given if sent by Certified or Registered Mail. postage prepaid. SECTION TWENTY-ONE LICENSES It is the $ole responsibility of the Tenant to obtain a/l necessary licenses and permits required by all governmental authorities In order to conduct said bUsiness. SECTION TWENTY-TWO TAXES AND ASSESSMENTS Landlord agrees to pay all general real estate taxes and speoial assessments assessed to the leased Premises, during the terms of this Lease, or any lease extension. Such taxes shall be paid before they are delinquent and become charged against the Premises therein. 11 39\1d BS3 ^3~ja09 \1NNOa GGG65PGL 1L 51:Gl l00G/10/80 l.L'..,......LCI..::I;J .)AU<; U:.lSEY PAGE 12 SECTION TWENTY-THREe LANDLORD TO HAVE ACCESS Landlord hereby expressly reserves the right to enter the Premises and/or any part thereof, at any time, in the event of emergency. Furthwrmore, Landlord may enter the Premises during business hours to make inspection and repairs, to exhibit the Premises to prospective tenants, purchasers, or other, and to peiiomi any 1A0l$ related to safety, protection, preservation, reletting, sale, or Improvement of the Premises. Tenant shall have the right to peaCefully have, hold, and enjoy the Leased Premises without unreasonable hindrance or Interruption by Landlord or any persons oialmln9 by, through, or under him until the end of suoh term or any extension of renewal thereof. SECTION TWENTY-FOUR RENEWAL OPTIONS This Lease can b9 extend9d for three (3) conseoutive periods of three (3) years for each period, based on mutual agreement of both Landlord and Tenant. Tenant will prOVide written notice sixty (60) days prior to expiration, indioating renewal or refusal. The terms and conditions for each renewal period shall be the same as those contained herein, except for the fixed base rent which shall be adjusted upward. Said rental shall be payable in equal installments Bach month In adVance on the first day of each month during the option period; the fixed rental shall be negotiated for the option ~~. .. SECTION TWENTY-FIVE . LAW This Lease and the performance hereunder shall be govemed by the laws of the State in 'Nhich the Premises are located. SECTION TWENTY-SIX HEADINGS This Instrument's paragraph headings are for quick reference and convenience only and do not alter, amend, or otherwise affect the terms, conditions, and agreements set out herein. Gl 39\1d B53 ^3~ja09 ~NNoa GGG65PGL 1L 51:Gl G00G/10/80 -_. -~, _.......... WLI....... t...,.....L~tI.:II::l JACK LEISEY PAGE 1:3 SECTION TWENTY-5eVEN FORce MAJEURE If either party fails to perform any of its obligations under this Lease as a result of Faroe Majeure, such party shall not be liable for loss or damage for the failure and the other party shall not be released from any of its obligations under this Lease, If either party is delayed or prevented from performing any of its obligations as a result of Force Majeure. the period of delay or prevention shall be added to the time herein provided for the performanoe of any such obligations. "Faroe Majeure' shall mean any period of delay which Brises from or through Acts of God. strikes, lockouts, or labor difficulty, explosion, sabotage, accident, riot, or civil commotion, act of war; fire or other casualty, legal requirements, delays caused by the other party, and causes beyond the reasonable control of a party. SECTION TWENTY-EIGHT OFFER Landlord and Tenant agree that this offer to lease is open for acceptance by the Landlord for ten (10) days follOWing exeoutlon by Tenant. In the event the Landlord does not execute thl. Lease within ten (10) days of execution by Tenant, this offer shall be null and void, and Landlord shall promptly return any and all monies paid by Tenant. SECTION TWENTY~NINE SECURrrv Security is waived for the initial term of this Lease. SECTION THIRTY LEASE DISCLAIMER Execution of this Lease supersedes any and all outstanding lease arrangements made In the past for this location. Landlord assumes all responsibility and liability for default on this clause and releases Tenant from any responsibility or liability. L.andlord guarantees this Lease .to remain In effect subject to all other terms and conditions described In the Lease. SECTION THIRTY-DNE EQUIPMENT WAIVER It is understood and agreed that all equipment. as outlined in Attachment 1, has been purchased by Tenant as part of the sale of the business and will be paid for at El 39\1d BS3 ^3~ja09 \1NNOa GGG65PGLIL 91:Gl G00G/10/80 ~~'~~f.~UU U~.~O I... I 'I-'l-.L.1t:I.:f";l JACK LEISEY PAGE 14 settlement, on or before September 30, 2000. Once settlement has occurred, LandlOrd waiVes all ownership of the equipment. SECTION THIRTY-TWO SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed and delivered this Lease as of the date first above written. WITNESS: WITNESS: TENANT: OPERATION CROSSROADS, 'NC. ..... ....,....... Cafe -{ ~.~g Jt~~~{1< eather c uck 10 39\1d B53 ^3~ja09 \1NNOa GGG65PGL 1L GG:Gl G00G/10/80 88/87/2882 14:46 7179894939 REAGER & ADLER PC PAGE 82 mdzldocumc:nVleisey.a.nn ASSIGNMENT OF LRASES The undersigned hereby sets over and assigns unto Jack P. Leisey and Carol A. Leisey all of its right, title and interest in the Rental Agreements for the property Known as 7-11 West Main Street, Mechanicsburg, Pennsylvania. Said Rental Agreements currently in effect are set forth herein and attached hereto. :rile undersigned hereby represents and warrants that the security deposits as set forth below are the full amounts of the security deposits on deposit with the undersigned. The undersigned hereby indemnifies and holds Jack P. Leisey and Carol A. Leisey hannless for any understated security deposits. The undersigned hereby agrees and acknowledges that any and all unpaid rents for the month of April. 2002 will received after the time of settlement, shall be the property of the undersigned as all rent, paid Or unpaid, were prorated at the time of settlement. .Il.D.i.t Tenant 2E Vacant 2W Robert Baker 3E CharI es Cristine 3W Warren Nast Iron fun.U Security Deposits Weekly N/A $375.00 $375.00 $4/0.00 $410.00 7 West Main Crossroads Cafe $1,236.00 N/A 11 West Main Vacant . Exhibit B 88/87/2802 14:45 7179D'34939 REA':~ER & ADLER PC mdtldocumI;:nVlciscy.a.Hn Witness . By: ~ Thomas M. Kinney, Sr. O"J~ OWNER: fv' I "I.) ';.L. / I PAGE 03 R 1 /' , l,[l, :r/- ! , VERIFICATION 1, Jack Leisey, Vice President of Capital Area Property Management, hereby certifY that the facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, J have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Civil Complaint are made subject to the penalties of 18 Pa. C. S.A. S4904 relating to unsworn falsification to authorities. ~CL-J( J '~ Date: ~ / J- /0 V- I , 'b A(\ '- ~ - J ~ \'l tI' ~ ..... <v-,~ ()\ v- I>! f? ~ ;:;C... 6, ;:_1] ii ~',;; r (/:' ;--, -;.:~ iE5~::; c '. :d" ~ (.F1 i\". ,-) ., - . .':~ .,) ;'.,) ,,-' (3 . , -" :'U -..: SHERIFF'S RETURN - OUT OF COUNTY ~ NO: 2002-04078 P .MONWEALTH OF PENNSYLVANIA: JNTY OF CUMBERLAND CAPITAL AREA PROPERTY MANAGE ME VS OPERATION CROSSROADS INC DBA R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: OPERATION CROSSROADS INC DBA THE CROSSROADS CAFE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 24th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 30.95 .00 67.95 09/24/2002 GODFREY & COURTNEY S~ 'R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 1 ~ day of {ft~ ;JOt).L., A. D . ~a~~ prothonotar OFFICE OF THE SHERIFF COUNTY OF YORK SERVICE CALL (717) 771-9601 28 EAST MARKET ST" YORK, PA 17401 INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 2. GPJ.JRHIlJl@ER . , , . . U2-4U/tJ civ~l l 02-40781 4. TYPE OF WRIT OR COMPLAINT SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/SI Capital Area Property Management 3. DEFENDANTISI Operation Crossroads, Inc dlbla The Crossroads Cafe Notice & complaint SERVE { 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. .. Operation Crossroads Inc, dlbla The Crossroads Cafe 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO.. CITY, BORD, TWP., STATE AND ZIP CODE) AT clo David Bretz or Heather Schmuck 103 E. Front st. Lewisberry, PA 17339 7 INDICATE SERVICE' '.J PERSONAL '.J PERSON IN CHARGE DEPUTIZE '" 0 1ST CLASS MAIL .J POSTED ClOTHER NOW september 4 , 20 ~ I, SHERIFF OF UNTY, PA, do hereby deputize the sheriff of York COUNTY to execute make return according to law. This deputization being made at the request and risk of the plaintiff. ~t::: SHERIFF 0 OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE' ONLY APPLICABLE ON WRIT OF EXECUTION' N.B, WAIVER OF WATCHMAN - Any deputy ,heriff levying upon or attaching any property under within writ may leave ,ame without a watchman, in c",tody of whomever i, found in p""e"ion, after notifying person of levy or attachment, without liability on the part of ,"ch deputy or the ,heriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 10. TELEPHONE NUMBER 11. DATE FILED 9. TYPE NAME and ADDRESS of AlTORNEY / ORIGINATOR and SIGNATURE GODFREY & COURTNEY PO BOX 6280 HARRISBURG, PA 17112 540-3900 8-28-02 12 SEND ~TICE OF SERVICE copy TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ 14. DATE RECEIVED 15 E,pirationlHearing Date oreomplaint.,indicatedabove. R. AHRENS 9-5-02 9-27-02 16. RESIDENCE ( ) POSTED I ) POEI ) SHERIFF'S OFFICE OTHER I SEE REMARKS BELOW 22. REMARKS: ~)7-Ol 44.05 Check No 555'1 40. Costs Due or Refund 34. 41. AFFIRMED and subscribed to before me this 42. day of 45. DATE 't'-I 47. DATE c-" HOSE 9-16-02 49. DATE 8. Signature of Foreign County Sheriff RN SIGNATURE 51. DATE RECEIVED 1. WHITE _ Issuing Authority 2. PINK _ Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office rl I.J.. Ln I.J.. N C'.:: rl lU <( - 0.. E: ''') a.. - :,,-:' ,~ a:: Ln , :J C,..) CC> ~ a... LW L!._ CD " 0 N <:::> CAPITAL AREA PROPERTY MANAGEMENT, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL Y ANJA vs. NO.2002-CY-4078 OPERATION CROSSROADS, INC. dlbla THE CROSSROADS CAFE, CIVIL ACTION -LAW Defendant PRAFCTPF, FOR FNTRV OF OF-FAITT T .nmC;MFNT TO THE PROTHONOTARY: Please enter default judgment in the amount off/1/).V(, &/'j plus costs in favor of the Plaintiff Capital Area Property Management and against the Defendant Operation Crossroads, Inc. dlb/a The Crossroads Cafe for its failure to file an Answer to the Complaint within the required time period. Attached as Exhibit "A" is a copy of the Notice of Intention to File Praecipe to Enter Judgment by Default and Certificate of Service. SALZMANN HUGHES, P.C. B~~ \k~- E. Ralp odfrey, E ue /' Attorney J.D. No. 77052 ~ 95 Alexander Spring Road Suite 3 Carlisle, P A 17013 (717) 249-6333 Attorneys for Plaintiff Dated: October 24, 2005 . . . Godfrey & Courtney, P.c. BY: E. Ralph Godfre~'. Esquire Attorney 1.0. No. 17052 2215 Forest IHlls Drh'c, Suite 36 P.O. Box 6280 Harrisburg, PA 17112 (717) 540.3900 Attorney for Plaintiff CAPlTAL AREA PROPERTY MANAGEMENT, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA vs. NO.2002-CV-4078 OPERATION CROSSROADS, INC. d/b/a THE CROSSROADS CAFE, CIVIL ACTION -LAW Defendant TO: OPERATION CROSSROADS, INC. d/b/a THE CROSSROADS CAFE 103 E. Front Street Lewisberry, PA 17339 DATE OF NOTICE: October 11,2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WlTHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A ruDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 By: '( ~ ( l E. Ralph Godfrey, Esquire P.O. Box 6280 Harrisburg, Pennsylvania 17112 Telephone: (717) 540-3900 Attorney for Plaintiff ,_../ 10 D.,j Y NOTICE CERTIFICATE OF SERVICE AND NOW, this _11 th _ day of October, 2002, I, E. Ralph Godfrey, Esquire, of Godfrey & Courtney, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Notice of Default this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: OPERATION CROSSROADS, lNC. dlb/a THE CROSSROADS CAFE 7 West Main Street Mechanicsburg, P A 17055 ~ '..' p :~~j ~ ...0 .. .\ ~._. t C) C> - -..) \' .:l \ IJ. F c';"~ }.J ~j .. <~ ~ ~ \U' ( ~ _T- h, n ,.---., - - --- -------