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HomeMy WebLinkAbout95-04342 ~ :1 ", ,.J.. , ~ . l l ~ . ~ ~ " 'II l .' \ ~ " , , "~I,' , , , . , 'I , , , , , " I , , , , , " " , , ,I' , 'l , I : .i l , , l' 1',1 " " " " , , \' , , , " ~,\ " ;1 '\ , , ,', , i.' I, , , . l' 'I, 11 .,' " , " ;,' I.' ~ "" t>o '.r- eo -;. 15 ~ lR . ,. ,.., ., . E . , )0t " ~ ~~, , Q) ':;1., II> " ' . '" " ~ ~:.r i\ ~ ,,) C" ::.;..> I, e, ~ <l ~.,. :" ~'" i 0- I" <.l" ~ - .. 1 ~ r- ~ p., o ~ ~I i~ ~ ~~ I ~~~ ~ ~~~ H CIli<=l!3 ~ ~~~ ~ 8f:11;l t.) ~~~ 1 ., ... III I~ . ~ ~ j ~ Q) ~ ~ tIl ~ s p.. i ~~ o ~t.) ~I ~t.) Iil . I> "" ,-.... ... .1 "'" NICHOL'" ... FOlIlMfN " ,I Iii .~ !IO j a e a z ,I; " .,~ #". ".... . ....' .. . DINIUS THIODORATOS and ZOI THIODORATOS, IN THB COURT or COMMON PLIAS CUMBBRLAHD COUNTY, PINNSYLVANIA Plaintiff. NO. v. CIVIL ACTION - LAW Ddendant. IN CONrlSSION or JUDGMlNT rOR MONITARY DAMAGIS AND rOR POSS.SSION or RIAL ISTATB THOMAS HOGUI and GLINN PI PO TO: GLENN PEPO You are hereby notified that on the 1'11::" day of August, 1995, judgment by confession was entered against you for monetary damages in the amount of $27,000.00 principal and fees of $2,000.00 or a total of $29,000.00 plus costs was entered against you in the above-captioned case. You are further notified that on the /'1 ".5- judgment for possession of the property more Exhibit "A", attached hereto and made a part against you in the above-captioned case. day of August, 1995, fully described in hereof, was entered Date: ~"j IV 1'1 qs . 1:" ' " . , , [) f...Juk.. Jv: . Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT HAVE THE OFFICE SET FORTH Court Administrator Cumberland County Courtho\lse Carlisle, Pennsylvania 17013 (717) 249-1133 I hereby certify that the following is the address of the Defendant stated in the certificate of resJ.dence: GLENN PEPO 840 Winding Hill Road Dover. PA 17315 Jf6I~ C/O. ~LZ - Steve C. Nicholas, Esquire ., 4. Defendant, GLENN PEPO, resides at 840 South Winding Hill Road, Dover, York County, Pennsylvania 17315. 5. Plaintiffs and Defendants entered into a Lease Agreement in 1994 under which Plaintiffs, as Landlord, rented the premises at 4957 Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania 17055 to Defendants, as Tenants. A true and correct reproduction of the said Lease Agreement between the parties is attached hereto, labeled Exhibit "A", and made a part hereof. 6. No assignment of the said Lease Agreement has been made. 7. No confession of judgment has previously been entered on the Lease Agreement in any jurisdiction. 8. The Lease Agreement (Paragraph 27 a) states that if Tenant fails to make rental payments. Tenant shall be in Default and authorizes Confessed Judgment for Money including all amcunts due, costs of litigation and reasonable attorney fees. 9. Defendants failed to make monthly rental payments of $3,000.00 per month, due during the regular term of the Lease, on M;!lrch 1, 1995, April 1, 1995 and May 1, 1995; held over monthly payment in the amount of $6,000.00 per month for June 1, 1995, July 1, 1995 and August 1, 1995, for a total of $27.000.00 January 8, 1987 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 6, Volume 22, Page 68. 15. The instant premises are described more fully in Exhibit "B", attached hereto and made a part hereof. 16, Plaintiffs demand judgment as authorized in the aforesaid Lease Agreement on default aforesaid for possession of th'9 said real estate. WKBRBrORB, Plaintiffs demand judgment against the Defendants, jointly and severally, for possession of the real estate at 4957 Carlisle Pike, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania as more fully described in exhibit "B", attached hereto and made a part hereof. Respectfully submitted, NICHOLAS & FOREMAN By J1t~ (!J lfl--1 STEVE C. NICHOLAS, ESQUIRE 3207 North Front Street Harrisburg, pennsylvania 17110 (717) 236-9391 Attorney for Plaintiff Attorney 10 * 06845 Dated: 8/1'1/~ )' THEOBIL.AGR (BUSINESS) Lf:ASE AGREEMENT u " THIS LEASE, is entel'ed into this _ day of 1994, by and between DENNIS THEODORATOS, of 919 Kranzel Drive, camp Hill, Pennsylvania 17011, as Authorized Agent for DENNIS THEODORATOS and ZOE THEODORATOS, Owners, hereinafter referred to as "LANDLORD" -AND- THOMAS HOGUE of 1140 Ridge Road, Dillsburg, 17019, and GLENN PEPO of 840 S. Winding Road, Dover; 17315, hereinafter referred to as "TENANT". Pennsylvania Pennsylvania WITNESSETH, in consideration of the promises, mutual terms, covenants and conditions herein contained, and the rent reserved to be paid by TENANT to LANDLORD, the parties hereto, intending to be legally bound, do hereby agree and covenant as follows: 1. PREMISES. FIXTURES. AND PERSONAL PROPER,TY. LANDLORD leases to TENANT and TENANT leases from LANDLORD those improved premises at 4957 Carlisle Pike. Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania, currently used as a billiard parlor and related business known as the Hollywood Plaza Billiards and Arcade (the "premises"), and the fixtures and personal property located therein. June, May, 2 . 1994. 1995. :n:RM. The term shall commence on the 1st day of ("commencement date"). and shall expire 31st day of In the event the LANDLORD is unable to deliver 1 EXHIBIT "A" possession of the premises on or before June 1, 1994, then the parties hereto agree that the term of this lesae shall begin when possession is dplivered to TENANT. LANDLORD shall not be liable for any dal" "''.I'' 0 caused lJy delay in deliv'H'lng possession to TENANT. If the TENANT is not in default under the terms of this Lease Agreement, the TENANT shall have the right to extend the Lease Agreement for the additional terms as hereinafter set forth. TENANT may extend the term for two additional one (1) year terms by not Hying the LANDLORD. in writing, no less than three (3) months prior to the expiration date of the prior term that the TENANT shall extend the lease term. The terms and conditions for each additional one (1) year term shall be the same as in this Lease Agreement. The TENANT shall have the fu~ther right to extend this Lease Agreement for an additional three (3) year term by notifying LANDLORD, in writing, no less than six (6) months prior to the expiration date of the prior term, that TENANT shall extend the Lease term. The terms and conditions for the addi t ional three (3) year term shall be the same as this Lease Agreement, except, the minimum monthly rental shall increase to Three Thousand Five Hundred and nO/100 ($3,500.00) Dollars per month beginning on June 1, 1997. 3. POSSESSION. Possession of the premises, fixtures, and personal property shall be delivered to TENANT upon the commencement date. 4. ~. The premises, fixtures and personal property shall be used by TENANT for a billiard parlor, arcade and related purposes, and for no other purpose. All usee shall be in full compliance with all laws and ordinances. TENANT has determined, prior to execution of this Lease, that its proposed 2 use of the pl'emises is in compliance with applicable law and does not rely on any representations of the LANDLORD or any agent of the LANDLORD as to pel'mitted uses. ':, , RENTAL. TENANT shall pay LANDLORD as minimum rent during the term of this Lease the sum of Three Thousand and nO/l00 ($3,000.001 per month. The rent and all other charges herein shall begin on the commencement date. fj, LATE CHARGE. If TENANT fails to make any rental or other required payments within ten (10) days of the date it is due hereunder, a late charge equal to ten (10%) percent of the amount of the payment due shall be assessed and shall be immediately due and collectible as additional rent hereunder. 'I. NET. NET LEASE. The TENANTS agrde wi th the LANDLORD that this is intended to be a net, net lease with TENANT to pay all expenses and costs whatsoever arising out of the operation of the business located on the premises and the real tJstate and improvements, including but not limited to water, sewer, trash collection, electric, heat, etc. , etc. Any paragraph contained in this Lease Agreement is intended to define these payments but is not intended to limit them in any way whatsoever. H. PERSONAL PROPERTY AND BUSINESS TAXES. TENANT shall pay before del inquency, all taxes, assessments, license fees, and other charges that are levied and assessed against use of the premises, including the business conducted therein, and all personal property or fixtures installed or located in or on the premises, and that are payable during the term. TENANT shall obtain new tax identification numilerfl and all mercant He license and other fluch other 1 icenses 3 and permits which may be required to operate this business. In no event m.:lY TENANT UE'e any such identification numbers on license cunently or Eot'l\\flrly issued to the LANDLORD. TENANT shall provide proof of uuch new licenses no later than the c:ommencemenL d...t'2 of this lease. ~ . REAL ESTATE TAXES AND ASSESSMENTS. The LANDLORD shall pay all real estate taxes assessed and levied against the premises on a timely basis so that TENANT'S occupancy is not affected by dny proceedings instituted for collection of the real estate taxes by any governmental agency. 10. COMPLIANCE WITH LAWS AND CONDITION OF PREMISES. TENANT shall comply with all laws, ordinances, regulations and insurance requirements cOl\cerning the premises and <!ny fixtures, machinery or equipment therein, and TENANT'S use of the premises. TENANT has examined and knows the condition of the premises, and acknowledges that no representations as to the condition and repair thereof have been made by the LANDLORD or its agents prior to or at the execution of the Lease that are not herein expressed. and accepts the premises in an "as is" condition without warranty as to their suitability for any particular use. 11. MAINTEN~. (al LANDLORD shall be responsible for. and shall keep in good repair. all structural parts of the Building including the roof. foundation and supporting walls, down spouts, gutters, and drainage pipes. TENANT shall be reeponsible for all repairs to the heating, ventilation and air-conditioning systems. interior and (bl TENANT shall exterior of the make all other repairs to the building including interior 4 painting, routine maintenance, routine repairs and replacements to gas, eh,,~tric and water lines, t;he hot water heater, the heating, vent l.lating and air condit ioning system, broken glass, and any L'll(!cli 1'13 ut tr iuutuble to work to or on the building performed u, TENANT. TENANT shall replace, at its own expense, all plate 'Jlass or windows of the building which may become broken durin", the term of the Lease. TENANT agrees to keep the plate glass insured at his own risk. Ic) TENANT shall also maintain the exterior of the premises and shall keep such areas free of debris, rubbish, snow and ice. (d) All repairll and replacements performed by LANDLORD or TENANT shall be of first quality, shall be performed in a good dnd workmanlike manner, and Ilhall comply with all applicable legal requirements. (e) FIXTURES AND PERSONAL PROPERTY. TENANT, at its own cost. shall maintain the personal property and fixtures which are and shall remain the property O,t the LANDLORD, in a good condition. No personal property or f\xtures shall be removed from the premises without the LANDLORD'S written prior consent. All fixtures replaced or added by TENANT during the term of this lease will become property of the LANDLORD at the expiration of this lease. 12. STRUCTURAL ALTERATIONS. TENANT shall not make any structural or exterior alterations to the premises without LANDLORD'S prior wri tten consent. In any event, before such alterations are made, TENANT shall cause a Stipulation Against Liens to be recorded at the appropriate office at the local county courthouse. 5 13. ~0Ns~RUCTURAL ALTERATIONS AND FIXTURES. TENANT, at its cost, after obtaining LANDLORD'S written consent, may make nonstructural alterations to tho interior of the premises and may place and attach such equipment, machinery and fixtures therein as TENANT L'lquireu in ol'der to conduct its business on the premises. III making any alterations, etc., TENANT shall comply with the following: (a) Unless waived in writing by LANDLORD, TENANT shall submit reasonably detailed plans and specifications of the proposed alterations or placing of fixtures, machinery or equipment to LANDLORD at least fifteen (15) days prior to the date it intends to commence the alterations or fixturing. (b) The alterations and fixturing, etc., shall be approved by all appropriate government agenci~s, and all applicable permi ts and authorizations shall be obtained before commencement of the work. Any alterations made shall remain on and be surrendered with the premises on expiration of termination of the term, except that LANDLORD may elect to require TENANT. at TENANT'S cost, to remove any alterations that TENANT has made to the premises, and TENANT shall restore the premises to as good condition as existed at the commencement of the term. If TENANT is not then in default of any provision of the Lease, TENANT shall have the right to remove from the premises immediately prior or at the expiration of the term any and all personal property owned by TENANT which TENANT has placed or attached in or to the premises (and at LANDLORD'S option, LANDLORD may require TENANT to remove same), and such removal shall be done in a manneI that will not cause any structural damage to the premises, and TENANT shall promptly restore any 6 damage caus,~d by Buch rem()val. In no event shall TENANT remove any personal property or Eixtures owned by LANDLORD. 1<1. MECHANICS' LIENS. TENANT will not permit any mechanic's ': laim Ot' lien to be placed upon the premises or any building Ot' improvement constituting a part thereof during the term, and ill case of the filing of any such claim or lien, TENANT will promptly discharge same or procure a lien release bond by a good dnd sufficient surety corporation in an amount equal to one and one-half (1 1/2) times the amount of the claim or lien. If default in discharge thereof or procuring of a bond shall continue for thirty (30) days after entry of the lien, the LANDLORD sfwll have the right and privilege at LANDLORD'S option of paying tll" same or any portion thereof without inquiry as to the val idi t Y thereof. and any amounts so paid, includ.ing expenses and interest shall be deemed additional rental due and payable by TENANT to LANDLORD. J.S. UTILITIES AND SERVICES. TENANT shall make arrangements for and pay for all utilities and services furnished to or used by it, including, without limitation, gas, electricity, watet', telephone service. heat, air conditioning, sewerage, and trash collection, and for all connection charges. t6. INSURANCE AND INDEMNITY. TENANT shall indemnify LANDLORD and save it harmless from and against any and all claims, actions, damages, liability and expense, including. but not limited to attorney's and other professional fees, in connection with the loss of life, perfJonal injury and/or damage to property arising from or out of any occurrence in, upon, or at the Premises, or the occupancy or use by TENANT of the Premises or any part thereof, or occasioned wholly or in part by any act or omission of TENANT, its agents, contractors, employees, servants, lessees or concessionaires. In case LANDLORD shall, 7 without fault on its part, be made a party to any litigation commenced by Ot. i.l':Jainst TENANT, then TENANT shall protect and hold LANDLOHD hannless and shall pay all costs, expenses and reasonable ,Ittorney's fees incurred or paid by LANDLORD in connection with ouch litigation. TENANT shall also pay all costs, exp'~II[Jes and reasonable attorney's fees incurred or paid by LANDLORD in connection with such litigation. TENANT shall also pay all costs, expenses and reasonable attorney's fees that may be i.ncu L'J:'ed or paid by LANDLORD in c?nforc ing the covenants and agreements in this Lease. " L^NDLORD shall not be responsible or liable to TENANT, or to those claiming by, through or under TENANT, for any loss or dalnil'Je which may be occasioned by or through the acts or omissions of persons occupying space adjoining the .Premises or any part of the premises adjacent to or connecting with the Premises or any other part of the premises, or otherwise, or for any loss or damage resulting by TENANT, or those claiming by, through or under TENANT, or its or other property, from the breaking, b'Jrsting, stoppage or leaking of electrical cable and wires, and water, gas, sewer or steam pipes. To the maximum extent permltted by law, TENANT agrees to use and occupy the Premises, and to use such ot.her portions of the Premises as TENANT is herein given the right to use, at TENANT'S own risk. No later than June 1, 1994, and thereafter, and at all times after the execution of this Le~se. TENANT will take out and keep in force, at its expense: (a) Public liability insurance, including insurance against assumed or contractual liability, with respect to the Premises, to afford protection to the limit, for each occurrence, of not less than One Million Dollars ($1,000,000.00) 8 with respect: to Thousand Dollars personal injury or death, ($500,000.00) with respect to and Five Hundred property damage; (b) ^ll-rLuk casualty in<lurance, written at replacement '~ost value and with replacement cost endorsement, covering all of the pel"sonal property in the Premises owned by LANDLORD (Ltl'::luding, without limitat ion, inventory, trade fixtures, floor coverings, furniture and other property leased to TENANT under the provisions to this Lease) and all leasehold improvementG installed in the Premises by TENANT; and (c) If workmen's cumpensation required by law; and and to the extent l"equired by law, or similar insurance in form and amounts (d) LANDLORD shall be named as an "additional insured", Oil all policies, without cost to LANDLORD. LANDLORD shall insur'l the building against fire loss with a policy of standard Eire and extended coverage insurance, in such amounts as determined by LANDLORD. TENANT will do nothing in the premises which will prevent LANDLORD from obtaining such insurance coverage. In the event LANDLORD'S premium for such coverage is increased by an activity occasioned by TENANT, TENANT will pay, as addi t ional rent, the amount of any such increase upon LANDLORD'S demand. Each insurer of recognized Pennsylvania selected insurance policy shall responsibility authorized by TENANT or LANDLORD, as be issued by an to do business in the case may be. Each insurance policy shall provide that the policy may not be canceled or amended materially by the insurer until at least thirty days after the insurer shall have notified LANDLORD, TENANT and all Mortgagees of the cancellation or 9 amendment. At such times as LANDLORD may reasonably request and at least once in each year without any request, TENANT shall deliver to LANDLORD a certificate setting forth all pertinent details with l'espect to the insurance policies in force at the end of the P !;"'i!ceding month including the name of the insurer, the type of, the premium for, and the expiration date of, each poli~y; and .:\ statement as to whether the premium for each policy has been paid, 1-; , J;lESTRUCTION AND RESTORATION. If, during the term of this Lease, the structuxe is so damaged by fire or other casualty that the premises are rendered wholly unfit for occupancy, then, at LANDLORD'S option, the term of this Lease, upon written notice from LANDLORD given within thirty (30) days after the occurrence of such damage, shall terminate as of the date of the occurrence of such damage. In such case, TENANT shall pay th'i! rent apportioned to the time of such termination and LANDLORD may enter upon and repossess the demised premises without further notice and with the right to break in forcibly to take possess ion. If LANDLORD does not elect to terminate the term of this Lease, I,ANDLORD will repair the structure and LANDLORD may enter and possess the premises for that purpose, and, while the TENANT is deprived of the premises, the rent shall be suspended during the time required to restore the premises in proportion to the number of square feet of the premises rendered untenantable, If the premises shall be only slightly damaged so that such damage or the damage to the structure does not render the premises unfit for occupancy, LANDLORD will repair whatever portion, if any, ut the premises that may have been damag'ed and TENANT will continue in possession and rent will not be apportioned or suspended. Notwithstanding any other provision of 10 this paragl'dph, if any damage is caused by, or result from, the negligence Q [ TENANT, those claiming under TENANT, or other employees ()L invitees respectively, rent shall not be suspended or apport iCllled ..llld TENANT shall pay, as addit ional rent upon demand, t:ll'" ,:ost of any repairs, made or to be made, of such damage and of any restorations, made or to be made, as a result of such dallk\ge. ,8. CONDEMNATION. (a) Definition. (1) "Condemnation" means (i) the exercise of any governmental power, whether by legal proceedings or otherwise, by a condemnor and (ii) a voluntary sale or transfer by LANDLORD to any condemnor, in lieu of conde~ation, undel' threat of condemnation or while legal proceedings for condemnation are pending. condemnor condemned. (2) right means the date the the property being "Date of taking" to possession of has the or anything of value partial condemnation. (3) "Award" means awarded, paid, or all compensation, sums, received on a total or (1) "Condemnor" means quasi-public authority, or private corporation having the power of condemnation. any public or or individual, (b) Parties' Rights and Obligations to be Governed by Lease. If, during the term, there is any taking of all or 11 any pal"t or the premises or any interest in this Lease by condemnation, the rights and obligations of the parties shall be determinecl !Jut'suant to this paragraph. (0) Total Taking. If the premises are totally condemnation, this Lease shall terminate on the date taken by of taking. (d) Partial Taking. (1) Effect on Lease. If any portion of I the premises is taken by cond~mnation, this Lease shall remain in effect, except that TENANT can elect to terminate this Lease if the remainill'J portion of the building or other improvements or the parking area that are a part of the premises is rendered unsuitable tor TENANT'S continued use of the premises. II TENANT elects to t.,t'rninate this Lease, TENANT must exercise its right to terminate, pursuant to this paragraph by giving notice to LANDLORD within thirty (30) days after the nature and the extent of the taking have been determined. If TENANT elects to terminate this Lease as provided in this paragraph, TENANT also shall notify LANDLORD of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after TENANT has notified LANDLORD of its election to terminate on r.he date of taking if the date of taking falls on a date before the date of termination as designated by TENANT. If TENANT does not terminate this Lease within the thirty (30) day period, this Lease shall continue in full force and effect, except t hat the monthly rent shall be reduced pursu",nt to this paragraph. (2) Effect on Rent. I f any port ion of 12 t.he prclII i ~,"J i.s taken by condemnation and this Lease remains in full fOl'ell .:lI1d effect. on the date of taking the monthly rent shall be reduced by an amount that is in the same ratio to monthly L"~lll ...IS the value of the area of the portion of the premises lJken bears to the total value of the premises immediately before the date of taking. (3) Restoration of Premises. If there is a partial taking of the premises and this Lease remains in full force and effect, LANDLORD, at. its cost, shall accomplish all necessary restoration. Rent shall be abated or reduced during the period from the clute of taking until the completion of restoration, but all other obligations of TENANT, under this Lease, s.hall remain in full force and ef fect. The abatement or reduction of rent shall be based on the extent to which the restoration interferes with TENANT'S use of the premises. belong receive (el Award Distribution. The entire award to und be paid to LANDLORD, except that TENANT from the award the following: shall shall (1) A sum improvements or alterations made to accordance with this Lease. which alterations TENANT has the right to pursuant to the provisions of this remove; and attributable to TENANT'S the premises by TENANT in TENANT'S improvements or remove from the premises, Lease, but elects not to (2) A sum attributable to that portion of the award constituting TENANT'S relocation costs, if included in the award; <lnd 13 (3) Any special damages which, nature, <ire ""'''lrdabl'3 unly tu the TENANT and would not, circumstallc',S llor under' .IlIY pr"ovision of thilJ Lease, be to LANDLORD, by their under any awardable 1 ') , ASS IGNMENT AND SUBLETTING. TENANT shall not assign or' lnlbl'3t all or any part of this Lease or the premises, without the \oil Ltten consent of LANDLORD, which may be withheld in LANDLORD'S :ill l'3 discret ion, Any assignment by ope rat ion of law, attachment 'Jl' assignment for the benefit of creditors, shall, at LANDLORD'S ,option, be inoperative. Notwithstanding any sublet t ing on- assigning, TENANT shall remain obligated to LANDLORD tal" the full and faithful performance of all terms and conditions ,.)E this Lease. An assignment within the meaning of this paragl'aph shall be deemed to include one or mOFe sales or transfers, by operation of law or otherwise, or creation of new stock, by which an aggregate of more than fifty (50%) percent of TENANT'S st-..Jck shall be vested in a party or parties who are non-stockl~lders as of the date hereof. 20, IE,tWSFER BY LANDLORD. The interest of the LANDLORD herein may be assigned in whole and also in one or more parts. In the case of any such assignment, the LANDLORD shall advise the TENANT of the name or names of the assignee or assignees, and LANDLORD shall have no liability hereunder from and after the effective date of any such assignment, except for obligations which may have theretofore accrued. LANDLORD 21. LIMITATION UPON LANDLORD I S LIABILITY. Neither nor any principal of LANDLORD, whether disclosed or shall have any personal liability with respect to prOV1S:l.OnS of this Lease or the premises, and if in breach or default with respect to LANDLORD'S undisclosed, any of the LANDLORD is 14 obligations under this Lease or otherwise, solely t,) l. h,~ equi ty of LANDLORD in the satisfaction ,)[ TENANT'S remedies. TENANT shall premises for look the " ' au LET ENJaY~1ENT. LANDLORD covenants to allow TENANT quiet 1y and pe;:.ceably to enjoy possession of the premises free from int'2rference or interruption of LANDLORD or any other person da illling under' or through LANDLORD, and LANDLORD represents tu TENANT that it has a sufficient ownership interest in the pnlllli,;,"s to '~nteL' into and carry out the provisions of this Leas'". 2 J . ACCESS TO PREMISES. TENANT will allow LANDLORD free access to the premise,s for the purpose of examining or exhibiting th,~ same, or for any other proper purpo~e, and will allow to have placed upon the premises, at any time, "For Sale" signs, and Juring the last 150 days of the term of this Lease, "For Rent" ~i9ns, and will not interfere with the same. 2'1. NON-LIABILITY OF LANDLORD. LANDLORD shall not be liable for any damage occasioned by failure of the premises to be in repair, nor for any damage done or occasioned by or from plumbing, ']as, water, sprinkler, steam or. other pipes or sewerage, or the bursting, leaking or running of any tank, washstand, water closet or waste pipe in, above, upon or about the premises or improvements constituting a part thereof, nor for any damage occasioned by water, snow or ice being upon or coming through the roof. skylights, trap door or otherwise. :2 5. BANKRUPTCY OR INSOLVENCY. I f any transfer of TENANT I S interest in the premises created by this Lease shall be made under ~x~cution or simUar legal process, or if a petition is filed by or against TENANT to adjudicate TENANT a bankrupt or insolvent und~r any Federal or State law, or if a receiver or lS trustee fiil,lll be appointed fur TENANT I S business or property and such appo lntlmmt is not vacated within ten (10) days, or if a petition ',)l ,Illswet' 18 (Ll"c1 by Qr ..gainst TENANT under any provision ul: [.'edet'al Ql' Stilt" lLlw seeking ,1 reorganization of TENANT Ul' ...11 ,.Irrangement with its creditors, or if TENANT makes an assignlll'2llr, or deed of truut for the benefit of its creditors, or if in "11'1 other manner TENANT'S interest under this Lease shall pas!! lu another by operation of law, then, in any of said events, TENAtlT shall be deemed to have committed a material breach of this Lease and an event of default, and LANDLORD may, at its opt.lon, exercise its remedies under this Lease without prior notice or opportunity to cure. 2';, NOTICES, All notices or other communications, pursuant hel'eto, to any party shall be in writing qnd shall be deemed given when delivered personally or deposited in the Unitf!d States mail, rostage prepaid, return receipt requested, addressed to the parties at the addresses set out below, or at such other address as provided for by a notice complying with this paragraph: TO LANDLORD: Dennis Theodoratos 919 Kranzel Drive Camp Hill, PA 17011 TO TENANT: Thomas Hogue Glenn Pepo 4957 Carlisle pike Mechanicsburg, PA 17055 27, DEFAULT. (al TENANT'S Default:. the following shall constitute an event The occurrence of any of of default by TENANT: (1) Failure to pay rent or other sum of 16 money (including deposits) Oil the due date, including those due per paragrd~h 35 or to have ~ffective insurance coverage per the terms of tili1J lease. (2) Abandonment and vacation of the premises I L. i ,ure to occupy and operate the premises for fifteen consecut i v'~ Jays shall be deemed an abandonment and vacat.ion) . (]) Failure to perform any other provision of this Lease if the failure to perform is not cured within th irt'j (30) days after notice has been given to TENANT. If the de f<:\Ul t cannot reasonably be cured within thirty (30) days, TENANT shall not be in default of this Lease if TENANT commences to cure the default within the thirty (30) day period and diligentl,! and in good faith continues to cure the default; provided. hov/ever. that LANDLORD I oS interest in the premises are not prejudiced in the interim. Notices given under this paragraph shall specify the alleged default, and shall demand that TENANT perform the provisions of thip Lease or pay the rent that is in arrears, as the case may be. within the applicable period of time. No such notice shall be deemed a forfeiture or a termination of this Lease unless LANDLORD so elects in the notice. (b) LANDLORD'S Remedies. I..ANDLORD shall have the following remedies if TENANT commits an event of default. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law or equity. (1) TENANT'S Right To Possession Not Terminated. LANDLORD can continue this Lease in full force and effect, at:d the Lease will continue in effect as long as LANDLORD does not terminate TENANT'S right to possession, and LANDLORD shall have the! right to collect rent when due. During the period 17 TENANT iu ill default, LANDLORD can enter the premises and relet them, or' ,IllY ["Ir.t of thum, to third parties for TENANT'S account. TENANT [;I,,'[l be liubi," Lllllllcdiately to LANDLORD for all costs LANDLORD LI",:urB ill rul>2tt.lng the premises, including, without 1 imitat i0ll, l.'l'okers' <':Ollllll LSl! iOllS. Relett ing can be for a period shorter' 01, Ie nger thUll the l'emaining term of this Lease. TENANT shall pa:1 t" LANDLORD the nmt due under this Lease on the date the rent L" due, less the rent LANDLORD receives from any relett ing, [,J'J act by LANDLORD allowed by this paragraph shall terminat>" th Ls Lease unless LANDLORD not if ies TENANT that LANDLORD ,-[,"c':s to ter'minate this Lease. (2) T>"rmination of TENANT'S RiQht to Possess~, LANDLORD can ter'minate all of TENANT'S rights hereunder, including TENANT'S right to possession of ,the premises at any t j,lIIe, TENANT shall qui t and surrender the premises to LANDLORD UII t:he date LANDLORD terminates this Lease. No act or omission by LANDLORD other than giving notice to TENANT shall terminate tilL; Lease, Acts of maintenance, efforts to relet the premises, Ul" the appointment of a receiver on LANDLORD'S initiative to protect LANDLORD'S interests under this Lease shall not constitut" a termination of TENANT'S right to possession. On termination, LANDLORD has the right to recover from TENANT immediate'i' t he total unpaid rental, and any other amounts, and court ccstu and reasonable at torney's fees, necessary, to compensate LANDLORD for all damages arising out of or relating to TENANT'S default. ( 3 ) LANDLORD' S Ri'j1ht To Cure TENANT' S Default. LANDLORD, at any time after TENANT commits a default, can cure t.he default at TENANT"S cost. If LANDLORD, at anytime, by reason of TENANT'S default, pays any sum or does any act that requires the payment of any sum, the sum paid by LANDLORD shall 18 be due immediately fl"(JIII TENANT to LANDLORD at the time the sum is paid, and if paid at d later date, shall bear interest at the rate of fifteen (15\) pu~cent per annum from the date the sum is paid by LANDLORD unt i 1 LANDLORD is reimbursed by TENANT. The sum, tog'-"cher with inten,st un it, shall be additional rent. ('1) confession of Jud.Jtnent. TENANT does hereby irrevocably constitute any attorney of any Court of Record in any State of the United States, attorney for it and in its name, to appear for an<.l confess judgment against TENANT without prior not ice to TENANT ot' prior opportunity to be heard, for the amount of rent and any other sums may be in default by virtue of the terms hereof, which may be measured from the time of default until th'~ end of the then-current term, or the expiration of any holding-over period, with or without declaration, together with the cost~ of such proceedings and release of errors, without stay of execution, and a reasonable sum for plaintiff's attorney's fees, and for said purposes to file in said cause its cognovit thereof ,311d to make an agreement in said cognovit, or elsewhere, waiving and releasing all errors which may intervene in any such proceeding, and waiving and releasing all right of appeal, and also waiving the right of inquisition on any real estate levied on, and TENANT voluntarily condemns the same, and consents to an immediate execution upon all relief from any and all appraisement, stay or exempt ion law of any state now in force or hereafter enacted. If a copy of this Lease,' verified by affidavit of LANDLORD or someone on behalf of the LANDLORD shall have been filed in such action, it shall not be necessary to file the original Lease as a warrant of attorney. If there are guarantors of this Lease, this warrant of attorney is given jointly and sevel"ally, and shall authorize the entry of appearance of, waiver of issuance of process and trial by jury by and conf'!ssion of judgment against, anyone or more of such guarantors, and shall authorize the performance of every other 19 act in the name of and on uehalf of anyone or more of such guarantors, and the 'Ju,ll'dntoro hereby confirm all that said attorney may lawfully do by virtue hereof. The power conferred by thi:.; lJdragraph 1fJ " ';'Jnttlll.ling power, and may be exercised as frequenll'l as occasion 1II,'y r':'quire. ('0) ^lI1iCLlb~ Act ion In Ej ectment. TENANT hereby it"revocably c<.lnGLitutes any attorney of any Court of Record ill any State ot the United StateEl, attorney for it and in its name, from time to time, to enter an amicable action and judgment in ejectment against TENANT, using this Lease or a copy hereof ad authority and causing a writ of possession to be issued, together with a writ of execution for amounts due as aforesaid J together with costs, attorney I s fees and other expenses of sale. The po we r conferred by this pa~agraph is a continuing power, and may be exercised as frequently as occasion may requ i tOe . (6) Distraint. LANDLORD can enter the premises and distress and distraint upon and sell any property therein which may be lawfully subject to distraint. (7) Liti'Jation Cost. If either party to this Lease shall be made a party to any action or proceedings by reason of the act or omission of the other, the party whose act or omission shall have been the basis of such action or proceeding shall pay costs and expenses, including, but not limited to, reasonable attorney's fees incurred by the other party. In the event either party incurs any costs or expenses, including, but not limited to, reasonable attorney's fees, shall be paid by the defaultiwJ party. All such amounts due under this subparagraph shall be paid within five (5) days of the rendition of a bill or stateMent therefor. 20 28. SIGNS. 'l'C;NANT, at its cost, may place, construct and rnaintalll on the premises one or more signs advertising its busil\OJUU .:it the premises, at such location and in such styl., as LANDLORD shall approve, and no other signs, subject neverthe 1 ,ss to any d!J[Jl'oval required from any governmental agency. 29. SUBORDINATION. If a lender to LANDLORD requires that this Lease be subordinate to any encumbrance recorded after the date of this Lease affecting the premises, this Lease shall be subordinate to that encumbrance, if LANDLORD first obtains from the lender a written agreement that provides substantially the follo'dillg: "As long as TENANT performs its obligations under this Lease, no foreclosure of, deed given in lieu of foreclosure of, or sale under the encumbrance, and no steps or procedures taken under the encumbrance, shall affect TENANT'S rights under this Lease." TENANT shall at torn to any purchaser at any transferee designated in foreclosure sale, any deed given in or to any grantee or lieu of foreclosure. TENANT shall execute the written agreement: and any other documents required by the lender to accomplish the purposes of this paragraph, and upon failure to do, hereby irrevocably constitutes LANDLORD its attorney-in-fact to execute said documents in its name. 30. WAIVER. No delay or omission in the exercise of any right or remedy of LANDLORD on any default by TENANT shall impair such a right or remedy or be construed as a waiver. 21 The receipt ,llld acceptance by LANDLORD of delinquent rent shal L not constitut" a w'liver of any other default; it shall constitut" (mly a waiv,,, ut timely payment for the pal'tJ.cular rent paYltl'lnt involved. t, . Any waiver by LANDLORD of any default must be in writing and shall not be a waiver of any other default concerning the same or any othel' provision of this L8ase. " , 31, ACCORD AND SATISFACTION. No payment by TENANT or receipt by LANDLORD of a lesser amount than any payment of rent or other sum herein stipulated shall be deemed to be other than on account of the earliest stipulated rent or other sum then due and payable, nor shall any endorsement or statement.on any check or any le t ter accompanying any check or payment as rent be deemed an accord and satisfaction, and LANDLORD may accept such check or payment without prej udice to LANDLORD'S right to recover the balance 0 E such rent or pursue any other remedy provided in this Lease, at law or in equity. jl 32, SURRENDER OF PREMISES, Upon the expiration or earlier termination of this Lease for any reason, all fixtures, equipment, improvements and appurtenances attached to or built into the premises in such a manner as to become part of the freehold, whether or not by or at the expense of TENANT, shall beco,me and remain a pan of and be surrendered with the pr8misea, except that LANDLORD may elect to require TENANT, at TENANT'S expense, to remove any or all of such fixtures, equipment, improvements and appurtenances, and TENANT shall restore the premises to as good condition as existed on the commencement date. Any furniture, furnishings and other articles of movable personal property owned by TENANT and located in the premises, 22 shall be and shall 1'eln,lin the property of TENANT and may be removed by it any time ,luring the term of this Lease so long as TENANT in not in deE_lUlt ot any of its obligations under this Lease, and the same lld'/>J Ilot become a part of t.he freehold; provided, that if any of TENANT'S property is removed, TENANT shall rerair 01' pay tll'! cust of repairing any damage to the premises t'esulting El'om 'juch removal. If TENANT fails to surrender the premises to LANDLORD upon the expiration or terll\ination of the term as required by this par"lgraph, TENANT ohall hold LANDLORD harmless from all damages resulting ft'olJl TENANT'S failure to surrender the premises, including, without limitation, claims made by a succeeding TENANT. 33, HOLDING n'IER, I f TENANT, with LANDLOR.D I S consent, remains in possession of the premises after expiration or termination of the tel'm, or after the date in any notice given by LANDLORD to TENANT tel:lJlinating this Lease, such possession by TENANT shall be deemed to be a month-to-month tenancy, terminable on thirty (30) days' notice given at the time by either party. All provisions of this Lease, except those pertaining to term and minimum monthly rent, sh_lll apply to the month-to-month tenancy. During such a holdover period, the monthly rent shall be Six Thousand and nO/100 ($6,000,001 Dollars per month. 34, SECURITY DE[,OSIT. At the time of the signing of this Agreement, TENANT shall pay a security deposit in the amount of Three Thousand and no/100 ($3,000.00) to be returned by LANDLQRD at the conclusion oE the lease term, subject to any deductions for repair of dam~ges or unpaid rent, or other terms of this L!Jase. The secud t Y deposit is intended to defray any expenses incux'red by LANDLORD to repair any damages caused by TENANT during the ten\ of the lease and is not intended as a substitut-l for the last mon::h's rent. 23 35. L8ASE-SA[,l:; OF PERSONAL PROPERT". LANDLORD agrees to lease-sell the perc;ulldl property and equipment owned by LANDLOHDwd lm;ated in 1:11" Ill'0miuelO to TENANT. The TENANT shall pay the sum of Sixty 1'holluilnd and no/100 ($60,000.00) Dollars for the lease purchase. Tlw TENANT shall pay the sum of Fifteen Thousand and no/100 (~15, 000.00) Dollars to the LANDLORD upon execution of this Agrcl,ment, which sum shall be non refundable. The balance of the pue'clhlu', price in the amount of Forty-five Thousand and no/l00 ($45,000.00) Dollars, with interest computed at the rate of nine (9%1 per cent per annum, shall thereafter be paid to LANDLORD in thie.ty-six (36) equal monthly installments of One Thousand Four-hundred thirty and 99/100 ($1,430.99) Dollars, with the first monthly paYlnent to be due on July 1, 1994. The purchase price shall be secured by a recordable j!-ldgment note setting forth the above terms and by a security agreement and financing statements, in the form prepat'ed by LANDLORD'S attorney, and recorded at the cost of the TENANT. Upon payment of. the purchase price in full, LANDLORD shall deliver a bill of sale to TENANT conveying title to the assets set forth on Exhibit "A" attached hereto, free and clear of all liens and encumbrances. All payments shall be due on the first day of each month and time shall be of the essence for each such payment. In the event payments are not made timely, LANDLORD may declare the !..ease and/or the agreement regarding the purchase the business assets, null and void, and LANDLORD shall retain all payments made for the purchase of the business assets under as liquidated damages and thereafter any rights which TENANT may have to purchase the business a"sets shall be null and void. Title shall not pass and the personal property may not be removed from the premises until the pue-chase price is paid in full. In this regard, in the event TENANT does not exercise its options to extend the Lease Agreement and vacates the premises, or if the 24 Lease Agreement is terminated for any other reason, the balance of the purchase price t ht1l1 owing for the personal property and equipment shall be accelerated and immediately due and payable to LANDLORD. 36. FINANCING STATEMENTS. Upon execution of this Lease, TENANT shall also sign financing statements to be recorded in the appropriate county and state offices, acknowledging that the personal property Clnd fixtures located in the subject leased premises are the sole property of LANDLORD. The recording for shall be paid by TENANT. 37. PARKING. TENANT shall share the parking facilities with the business currently known as "Beer Express" which is located a t <1957 Carlisle I;>ike, M~chanicsburg, pennsylvania. TENANT, its employees, servants and agents and its clientele are prohibited from using the parking spaces located in front of "Beer Express" during the normal business hours of "Beer Express", and it shall be the obligation of TENANT to enforce this rest riction. Further, LANDLORD reserves the right to reserve additional parking spaces for "Beer Express" customers without the consent of TENANT. This parking restriction is considered to be a material term of this lease agreement and the failure of TENANT to comply with these restrictions, shall be considered a default of the terms of this Lease Agreement. 38. TIME IS OF THE ESSENCE. on each provision of this Lease. Time is of the essence 39. REAL ESTATE BROKERS. Each party represents that it has not had dealings with any real estate broker, finder, or other person, wi th respect to this Lease. Each party shall hold harmless thfl other pal'ty from all damages resulting from any claims that may be asserted against the other party by any 25 ,broker, fLnder, or otllel' P'2L'son. with whom the other party has or purportedLy hilS dealt, ,,:,;,;.,pt the above-named broker. 40. GOVERtLI.lJ:1-,_Wili, The construction of and l'elll,"dies of the parties hereto, law of th," Commonwealth of Pennsylvania. this Lease shall be and the governed t'ights hy t.he 41, AMENDMENTS, ADDITIONS AND CHANGES. No modif icat ion, amendment, change or addition to this Lease shall be bindin'l on the parti'~:J unit,s., reduced to writing and signed by their authorized representatives. 42. ENTIRE AGREEMENT. This Lease contains the entire understanding between tile parties and supersedes any prior written or oral agreelllents between them respecting the within subj ect lIIat tel'. There are no representations, agreements, arrangements, or understandings, oral or written, between and among the parties heretu L'elating to the subject matter of this Lease which are not fully expressed herein. 43. SEVERABILll.'!, If any term or provision or portion thereof of this Lease. or application thereof to any person or circumstance be held invalid, the remainder of said term or provision and/or of this Lease shall not be affected thereby; and, to this end, the parties hereto agree that the terms and p~ovisions oE this Lease are severable. 44. CONSTRUCTION, Wherever the context so requires, the feminine gender shall be substituted for the masculine, the masculine for the feminine or the neuter for either; the singular shall be substituted Eor the plural and vice versa. Paragraph headings are for convenience only and do not constitute a part of this Lease, The terms "LANDLORD" and "TENANT" shall mean and 26 ," , ! i /! Parcel A ALL THAT CERTAIN tract or parcel ot land situate in the Township ot Hampden, County ot Cumberland, Commonwealth ot Pennsylvania and more particularly bounded and described as fOllows, to wit: BEGINNING at a point at the intersection of the northern side ot Carlisle Pike (Legislative Route No. 34) at the center line of Sporting Hill Road (Legislative Route No. 21016)1 thence along the center line of the said Sporting Hill Road, north nineteen (19) degrees sixteen (16) minutes east, a distance of two hundred fifty-eight and twenty-two one-hundredths (258.22) feet to a point in the said Sporting Hill Road (Legislative Route No. 21016)1 thence in said Sporting Hill Road and along the southern side ot a proposed and unopened street Itnown as "Cumberland Avenue" north eighty-seven (87) degrees five (5) minutes east, a distance of four hundred eleven and seventy one hundredths (411.70) feet to an iron pin at the dividing line between the described property and property now or formerly of Farmers Trust Company of Carlislel thence along said dividing line south five (5) degrees four (4) minutes east two hundred and sixty (260) teet to an iron pin on the northerly line ot Carli.le Pike (U. S. Route No. 11)1 thence along the said northern side ot Carlisle Pike south eighty-seven (87) degrees five (5) minutes west two hundred fifty (250) feet to a pointl thence North five (5) degrees four (4) minute. West a distance ot two (2) teet to a point, thence along the northern side ot Carlisle Pike the tollowing four courses and distances: (1) south eighty-nine (89) degrees, fitty (50) minutes west, a dista~ce of fifty (50) teet to a point I (2) south eighty-nine (89) degrees eighteen (18) minutes west, a distance of fifty (50) feet to a point, (3) south eighty-eight (88) degrees fitty-seven (57) minutes west, a distance of fifty (50) feet to a pointl (4) south eighty-eight (88) degrees twenty-seven (27) minutes west a distance ot one hundred nineteen and thirty two one-hundredths (119.32) feet to a point in the center line of Sporting Hill Road, the place of BEGINNING. HAVING thereon erected a masonry commercial building known as 4965 Carlisle Pike and 4951 Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania. EXIIUlI T "B" , -I ;1 I Ii I , /, I L '1 t " i 'I