HomeMy WebLinkAbout02-4501ANN G. ISELIN and
HARRY L. GARONZIK
Plaintiffs
VS.
AFZAL H. CHAUDHRY and
SAJID M. WARRAICH
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 02- 6/0'61 Civil Term
: AT LAW
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fall to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accomodations available to disabled individuals having business before the court, please
contact our office. All arrangements must be made at least 72 hours prior to any hearing or
business before the court. You must attend the scheduled conference or hearing.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-04501 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ISELIN ANN G ET AL
VS
CHAUDHRY AFZAL H ET AL
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
CHAUDHRY AFZAL H
but was unable to locate Him
deputized the sheriff of ADAMS
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
in his bailiwick.
County,
serve the within COMPLAINT & NOTICE
, to wit:
He therefore
Pennsylvania,
to
On October 9th , 2002 , this office was in receipt of the
attached return from ADAMS
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Adams Co
18.00
9.00
10.00
29.30
.00
66.30
10/09/2002
PREY & TILEY
SO answer~L~
R. Thomas Kli~
Sheriff of Cumberland County
Sworn and subscribed to before me
this //~-- day
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-04501 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ISELIN ANN G ET AL
VS
CHAUDHRY APZAL H ET AL
CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according To law,
says, the within COMPLAINT & NOTICE was served upon
WARP~AICH SAJID M The
DEFENDANT at 1842:00 HOURS, on the 8th day of October , 2002
at 238 NORTH BALTIMORE STREET
MT HOLLY SPRINGS, PA 17065
SAJID M WARRAICH
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
20.14
Sworn and Subscribed to before
me this //~ day of
~ ~?~ A.D.
! PeS~h~Notary
So Answers:
R. Thomas Kline
lO/O /2oo2
FREY & TILEY /
~ ~ Deputy ~'h-e~ i f f
DATE RECEIVED
MASON DIXON BUS NESS FORMS, {NC 33000026
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
[]
DATE PROCESSED
SHERIFF SERVICE mST~O.S= See *'INSTRUCTIONS FOR SERVICE OF PROCESS BY
THE SHERIFF" o~ the reverse of the last (No. 5) copy of this form. Please
PROCESS RECEIPT, and AFFIDAVIT OF RETURN ~,
1. PLAINTIFF/S/ I 2. COURT NUMBER
~ G. ISI~IN and [-',~,¥ g CARONZIK I 02-4501 Civ~l Term
~ZA~ H. CHAUD[~¥ and SAJID H. ~A~I~ICH IC°m~la~nt: in Civil Action
~RVE s. H~E O~ ~NmWDU^L. CO~R^NV. COR~TION. ETC.. ~O S;.WC; OD ~st~
&?
11 McClellan Drive, F~st Berlin, PA 17316
7. INDICATE UNUSUAL SERVICE: [3 PERSONAL [3 PERSON IN CHARGE [] DEPUTIZE O CERT. MAIL [] REGISTERED MAIL O PO~¥~'U [] OTHER
Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
~.-.~m~ o; ~s COUN~
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, after ~otifylng person of levy or attachment, without liability on the part of such deputy er the sheriff to
any plaintiff herein tor any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER ~ 11. DATE
Robert G. Frey, Esq. I~PLAINTIFF
[] DEFENDANT (717) 243-5838
SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE
12. I ackno./.~t~..ev.~;~l of the writ I SIGNATURE of Authorized ACSD Deputy or Clerk and T~le 13. Date
Sept. Received23? 2002 14. Expiration/Hearing date
17. Name and title of individual sewed
19. A~¢~ of where ~r~ (c~.,~p;=;= only if different than shown above) (Street or RFD, Apartment NO., City, Boro, Twp.,
State and ZIP CODE)
RMV~RKS: Def. may be residing at 3~68 Andre~ Street, Apt. #303,
Laurel, Maryland 20724
$150.00 Fm. Sher~ff #38278 ' $~9.30 Pd. 10/2/02
20. Date of Service 21. Time
.Int, Date Mlle~ IDep.lnt.
28.
$120.70 Ck. #8079
and eut~crtbed to before me this N/A
AFFIRMED
day of
MY COMMI~IOfl EXPIRES
SO ANSWER.
~ ~/(~'~ / ~. s~ ~,,~,~, P~t ~- ~r~,
Richard S. Keefer
RAYMOND W. NEWMAN
ID~%/2/2002
D~0/2/2002
39. Date Received
In The Court of Common Pleas of Cumberland County, Pennsylvania
Ann G. Iselin f Harry L. Garonzik
VS.
Afzal H. Chaudhry & Sajid M. Warraich
No. 2002 4501 civil
Now, Sept. 19 ,2002, I, SHERIFF OF CLrMBERLAND COUNTY, PA, do
hereby deputize the Sheriffof Adams County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, ,20 , at o'clock
M. served the
within
upon
by handing to
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this day of ,20
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFDAVIT
ANN G. ISELIN and
HARRY L. GARONZIK
Plaintiffs
VS.
AFZAL H. CHAUDHRY and
SAJID M. WARRAICH
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 02- ~'~o/ Civil Term
:
: AT LAW
COMPLAINT
AND NOW, come Ann G. Iselin and Harry L. Garonzik Plaintiffs, by and through Frey &
Tiley Attorneys at Law and respectfully states as follows:
1. Plaintiffs are Ann G. Iselin, an adult individual of 10802 North Sand Canyon Place,
Tucson, Arizona 85737, and Harry L. Garonzik, an adult individual of 8035 South 116th Street,
Seattle, Washington.
2. Defendants are Afzal H. Chaudhry, an adult individual of 11 McClellan Drive, East
Berlin, Adams County, Pennsylvania, and Sajid M. Warraich, an adult individual of 238 North
Baltimore Street, Mt. Holly Springs, Cumberland County, Pennsylvania.
3. Plaintiffs are the owners in fee simple and entitled to possession of mai property situate
in the borough of Mt. Holly Springs, Cumberland County, Pennsylvania, known as 2 North
Baltimore Street, by virtue of a deed from Eric N. Garonzik to Ann G. Iselin and Harry L.
Garonzik, dated July 9, 1999 and recorded July 15, 1999 in Cumberland County Deed Book 203,
Page 1019.
4. On or about May 1,2001, Plaintiffs, as owners, entered into an oral lease agreement
with Defendants for the leasing of a one-story commercial building located at 2 North Baltimore
Street, in the borough of Mt. Holly Springs, Cumberland County, Pennsylvania and known as or
formerly known as Hughes Supermarket. Defendants agreed to pay rent to Plaintiffs in the original
amount of $3,750.00 per month, and an increased amount of $3,900.00 per month, beginning
October 1, 2001. Defendants agreed to pay all real estate taxes applicable to the leased premises at
the rate of eighty (80%) percent of all real estate taxes applicable to the total property. Defendants
agreed to pay all charges for utilities used upon the leased premises.
5. Defendants further agreed to pay to Plaintiffs amounts owed by the prior lessee of the
premises in the amount of $2,948.93.
6. Plaintiffs and Defendants memorialized the terms of the lease agreement in the form of
a lease signed by Plaintiffs and Defendants, a copy of which is attached hereto and incorporated
herein by reference as Exhibit "A". Defendants agreed to deliver said lease to Plaintiffs upon their
payment of the amounts owed by the prior tenant in the amount of $2,948.93.
7. Defendants never made payment to Plaintiffs of the amounts owed by the prior tenant
and, therefore, Plaintiffs have never delivered an executed lease to Defendants.
8. Defendants occupied the premises and began making monthly payments of rent
pursuant to the oral lease agreement.
9. Defendants have breached the terms of the oral lease as stated above by failing to pay
monthly rental payments as itemized below:
June, 2002 rent
July, 2002 rent
August, 2002 rent
September, 2002 rent
Total rent now due
$3,750.00
3,750.00
3,750.00
3.750.00
$15,000.00
10. Defendants have breached the terms of the oral lease as stated above by failing to pay
their agreed share of the real estate taxes as itemized below:
2001 -2002 School Real Estate taxes, due 8/31/01
2002 County and Borough Real Estate taxes, due 4/30/02
2002 -2003 School Real Estate taxes, due 8/31/02
Total Real Estate taxes due
$5,101.30
1,963.02
$5,101.30
$12,165.62
11. Defendants have breached the terms of the oral lease as stated above by failing to pay
water and sewer bills for the leased premises as itemized below:
Water bill, 3/26/02-6/24/02 $582.78
Sewer bill, 3/26/02-6/24/02 269.29
Total Water and Sewer bills owed $852.07
12. Defendants have breached the terms of the oral lease as stated above by failing to pay
the amount owed by the prior tenant in the amount of $2,948.93.
13. Written notice of Defendants' default and demand for payment was given to them by
letter from Plaintiffs' attorney, but Defendants failed to make any payment on the amounts owed.
14. Defendants now owe Plaintiffs for their occupancy of the leased premises as follows:
Total rent now due
Total Real Estate taxes due
Total Water and Sewer bills owed
Balance owed by prior tenant
Total owed
$15,000.00
$12,165.62
$852.07
$2,948.93
$30,966.62
WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against
Defendant in the amount of $30,966.62, plus interest at the legal rate from the date each payment
was due, additional amounts owing after the filing of the Complaint to the date of judgment
pursuant to the lease, court costs, and such other relief as the Court may deem proper.
Respectfully submitted,
Frey & Tiley,
Attorneys for Plaintiff
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made herein are tree and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unswom
falsification to authorities.
Dated: September/~ , 2002
Lease: Iselin & Garonzik./Chaudhrv & Warraich
LEASE AGREEMENT
Page 1
THIS LEASE AGREEMENT is made and entered into by and between ANN G.
ISELIN, of 10802 N. Sand Canyon Place, Tucson, AZ 85737; and HARRY L. GARONZIK, of
8035 South 116th Street, Seattle, WA 98178; with mailing address in care of Ann G. Iselin, 10802
North Sand Canyon Place, Tucson, AZ 85737, hereinafter referred to collectively as "Lessor",
AND
AFZAL H. CHAUDHRY of 11 McClellan Drive, East Berlin, PA 17316; and SAJID M.
WARRAICH of 11 McClellan Drive, East Berlin, PA 17316, with mailing address for all three of
them of 11 McClellan Drive, East Berlin, PA 17316, hereinafter collectively referred to as
"Lessee" and is as follows:
WI-IEREAS, Lessee is in the business of operating grocery supermarkets with related
activities and;
WI-IEREAS, Lessee desires to lease from Lessor a certain tract of real property as more
fully described below, with the improvements thereon erected; and
WHEREAS, Lessor desires to lease the said tract of real property to Lessee under the
terms, conditions and provisions as set out herein;
NOW THEREFORE, for and in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties,
it is agreed as follows:
ARTICLE I
DEMISE OF LEASED PREMISES
1.01. Leased Premises. Lessor for and in consideration of the rents, covenants and
conditions herein contained to be kept, performed and observed by Lessee, does lease and demise to
Lessee, and Lessee does rant and accept from Lessor, the mai and personal property, referred to
heroin as "Leased Premises", formerly known as Hughes Supermarket, located on the northern and
western portions of a larger tract of land situate in the Borough of Mount Holly Springs,
Cumberland County, Pennsylvania, which larger tract of land is bounded and described as follows:
On the South by Pine Street; on the West by Baltimore Avenue; on the North by Harman Alley;
and on the East by Mountain Creek, on which larger tract of land there is erected the store building
formerly occupied by Hughes Supermarket and adjacent parking area, and in addition adjoining the
same on the south and east are the premises known as Dolly's Washhouse and Car Wash. The
former Hughes Supermarket has the mailing address of Two North Baltimore Avenue, Mt. Holly
Springs. The portion of the promises known as Dolly's Washhouse and Car Wash is NOT
included in the leased premises.
1.02. Lessor's Warranty of Title. Lessor hereby represents and warrants that Lessor is
Lease: Iselin & Garonzik./Chaudhry & Warraich
Page 2
the owner in fee simple absolute of the Leased Premises subject to covenants, conditions,
restrictions, easements and other matters of record or on the ground.
1.03. Lessor's Warranty of Quiet Enjoyment. Lessor covenants and agrees that
Lessee on paying the rent and other charges herein provided for and observing and keeping the
covenants, conditions and terms of this Lease on Lessee's part to be kept or performed, shall
lawfully and quietly hold, occupy and enjoy the Leased Premises during the term of this Lease
without hindrance or molestation of Lessor or any person claiming under Lessor.
1.04. Lessor's Right to Mortgage. Lessor does not have a current mortgage, or other
lien, against the Leased Promises. Lessor reserves the right to encumber the property further in any
amounts as Lessor in its sole discretion shall decide. Should Lessor default in making any
payment on any such mortgage or encumbrance Lessee shall have the right to make such payment
and deduct the amount paid from rent due or to become due under this Lease.
ARTICLE II
LEASE TERM f?
· 17 ~oo~
2.01. Term. The term of this Lease shah ........ c .:~x..~r c .....r .....cf five
beginning Oct:b:r l, 2900, ~d continuing t~ough September 30, 2005-
2.02. Holdover. If Lessee shall hold over after the expiration of the Lease Term, with the
consent of the Lessor, such tenancy shall be deemed an exercise of the option to extend this lease as
set forth in paragraph 2.04 herein.
2.03, Lease Year. The term Lease Year shall mean any twelve month period beginning
on the Beginning Date or an anniversary of the Beginning Date.
2.04. Option to Extend Lease. If this Lease is still in force and effect on September 30,
2005, in such event the Lessee shall have the right and option to extend tiffs Lease for five (5) one-
year periods beginning October 1, 2005 and thereafter on October 1 of each year through
September 30, 2010, on the same terms and conditions as herein set forth except that the rate of rent
.for each additional year beginning October I, 2005 shall be at the rate of $4,200.00 per month
increased by the percent of increase in the Consumer Price Index compiled by the United States
government, for all urban consumers (CPI-U) all items, by the percentage of increase in said Index
from October 1, 2000 to October 1, 2005 and from October 1, 2000 to October 1 of each additional
lease year until the fifth and final one-year extension beginning October 1, 2009 through September
30, 2015, but if such Index is no longer maintained by the United States government then the rate of
increase shall be determined to be as nearly equal to the amount of increase which that Index would
have indicated had it still been maintained.
ARTICLE HI
RENT, TAXES, AND UTILITIES
3.01. Rate of Rent. So long as this Lease remains in force, Lessee agrees to pay to
Lessor as rent for the Leased Premises the sum of Three Thousand Seven Hundred Fifty and
Lease: Iselin & Garonzik./Chaudhrv & Warraich ~t]
l:~3'J-rmJ, ng Y'~y 1~01 Page 3
no/100 ---($3,750.00) --- Dollars per month, in advance .................. ~ .... ~,...mng Oc~.cks:'
-I, 20~9, and at the rate of $3,900.00 per month ~ beginning October 1,
200i, and at the rate of $4,000.00 per month ~ beginning October 1, 2002, and
........... j .... are at the rate of $4,100.00 per month beginning October 1, 2003, and
fifth Icr.;:~ ye&- at the rate of $4,200.00 per month beginning October 1, 2004, until and including
,~A ~,~.~. __~ Ac ~ ~..4,~;.,~ r, ...... ~ t~,-~ ~,,o*.~ ..... September 1, 2005 for the fmai month
ending September 30, 2005.
3.02. Lessor to Pay Taxes. Lessor agrees to pay all real property taxes, special taxes, or
assessments, including street improvement liens or assessments, if any, levied or assessed upon or
against the Leased Premises and any improvements or fixtures erected or situate thereon, during the
Lease Term. Lessee agrees to pay ail property taxes on its personai property located on the Leased
Premises. Until such time as the Leased Premises occupied by Dolly's Washhouse and Car Wash
are separately assessed from the adjoining grocery store and adjacent parking area, Lessee shail pay
eig. hty (80%) percent of ail reai estate taxes applicable to the totai property as the totai property now
exasts (should any improvements be made which cause an increase in the assessment, the taxes
attributable to such increased assessment shall be paid by the tenant who possesses such
improvements). At such time as the property which constitutes the demised or leased premises is
separately assessed, Lessee shail thereafter pay ail of the taxes attributable to the property
constituting the leased premises herein and the remainder of the taxes attributable to the other
property now occupied by PAC Industries, Inc. shail be paid by Lessor. Lessee shall pay its share
of the taxes as set forth herein to the Lessor no later than five (5) days prior to the expiration of the
discount period for paying same and Lessor shail thereafter immediately pay to the Tax Collector
all taxes due on the leased premises and any other property assessed against Lessor of which the
Leased Premises are a part.
3.03. Installment Payment. In the event any special tax or assessment is levied or
assessed on the Leased Premises which becomes due and payable during, and the delinquency date
for which fails within, the Lease Term, or any extension, which tax or assessment may be legally
paid in instailments, Lessee shail have the option to pay such tax or assessment in instailments.
3.04. Excluded Taxes. Lessee shall not be required to pay any franchise, estate,
inheritance, succession, capitai levy or transfer tax of Lessor, or any income, excess profits, or
revenue tax, or any other tax, assessment, charge, or levy upon the rent payable by Lessee under tiffs
Lease, and ail such taxes, assessments, charges and levies shail be payable by Lessor. Lessor shail
not, without consent of Lessee, do any act which will cause the taxes and assessments on the Leased
Premises to be increased.
3.05. Contest. Lessee shall have the right to contest the assessment, account or vaiidity
of any tax which is Lessee's obligation under the terms of this Lease by appropriate legai
proceedings. Lessor shail, upon request, join in any such proceedings if Lessee determines that it
shail be necessary or convenient for Lessor to do so in order for Lessee to prosecute such
proceedings properly.
3.06. Utility Charges. Lessee shail pay or cause to be paid all charges for water, heat,
gas, electricity, sewers, and any and all other utilities used upon the Leased Premises throughout the
term of this Lease, including any connection fees.
Lease: Iselin & Garonzik./Chaudhrv & Warraich
Page 4
ARTICLE IV
USE OF PREMISES
4.01. Permitted Use. Lessee shall have the right to use the Leased Premises for the
continuation of its business of a supermarket and related activities for which it is currently being
used, and for any and all natural extensions or renovations of those uses. All uses described in this
Section shall be permitted, but none shall be required, except as set forth in section 4.04 of this
Agreement.
4.02. Signs. Lessee shall have the right to erect and maintain upon the improvements and
on the Leased Premises such signs as it deems appropriate to the conduct of its business. Lessee
shall have no right to erect or maintain any sign used for the purpose of advertising any business,
activity, or position other than the business or businesses of Lessee carried on on the Leased
Premises. Each sign erected shall comply with any requirements imposed by the Borough of
Mount Holly Springs or other governmental authority.
4.03. Waste and Nuisance. Lessee shall not commit, or suffer to be committed, any
waste on the Leased Premises or any improvements erected or situate thereon, nor shall it maintain,
commit, or permit the maintenance or commission of any nuisance on the Leased Premises or use
the Leased Premises or improvements for any unlawful purpose.
4.04. Illegal Activity. Lessee shall not engage in, permit, nor suffer anyone else to
perm/t, any illegal or criminal activity or status to be carried on or exist at the premises. Should
Lessee not cease any such illegal or criminal activity, or correct any such illegal or criminal status,
then Lessee shall be in default and Lessor shall be entitled to the remedies set forth at section 11.01
of this Agreement upon giving the thirty (30) day notice provided for therein.
4.05. Arbitration. Any dispute between Lessor and Lessee as to what constitutes a
permitted or prohibited use, or waste or nuisance, all as provided in this Article IV of this
Agreement, shall be submitted to arbitration as hereinafter provided for.
ARTICLE V
LESSEE IMPROVEMENTS AND PROPERTY
5.01. Ownership of Lessee Improvements. All fixtures, and any replacements of
existing personal property, installed in or placed upon the Leased Premises by Lessee, shall be and
remain the property of Lessee.
ARTICLE VI
RIGHT OF FIRST REFUSAL AND TRANSFER
6.01. Transfer. In the event of any proposed transfer of any interest in the Leased
Premises by Lessor after April 30, 2001 (a right of first refusal is presently held by PAC Industries,
Lease: Iselin & Garonzik./Chaudhrv & Warraich
Page 5
Inc., which right expires on May I, 2001), Lessee shall have the right of first refusal to purchase on
the same terms and conditions as offered by or to the proposed transferee, Provided However, that
this Right of First Refusal shall not apply to any transfer to a person who is related by blood or
marriage to the Lessor. The right of first refusal must be exemised, in writing, with ten (10)
business days after receipt of written notices of the proposed transfer (to include all terms and
conditions thereof and the identity of the proposed transferee), with settlement to take place with
ninety (90) days thereafter. Should any of the terms or conditions of any proposed transfer involve
circumstances other than the amount and timing of monetary payments, then Lessee may provide
the reasonable equivalent thereof in cash. This right of first refusal in Lessee is conditioned upon
this Lease being in full fome and effect at the time of any such proposed transfer, but if this Lease
has expired or is in default at the time of any such proposed transfer then this right of first refusal
shall be of no fome or effect.
6.02. Transfer. In the event of any proposed or completed transfer of any interest in the
Leased Premises by Lessor, Lessee a~ees to be bound by the terms of this Lease to the new owner.
ARTICLE VII
REPAIRS AND RESTORATION
7.01. Lessee's Duty to Repair. Lessee, at Lessee's own cost and expense at all times
during the term of this Lease, agrees to keep and maintain, or cause to be kept and maintained, all
buildings and improvements erected upon the Leased Premises in a good state of appearance and
repair, reasonable wear and tear excepted.
7.02. Repairs to Sidewalk and Parking Area. Lessee, at Lessee's own cost and
expense at all times during the term of this Lease shall pay eighty (80%) per cent of the cost for
repair or improvement of the sidewalk along Pine Street extending from North Baltimore Avenue
eastward and shall pay eighty (80%) per cent of the cost of repairing or improving the portion of
the parking area which is shared with the operator of Dolly's Washhouse and Car Wash and shall
pay 100% of the cost of repairing or improving the poffion of the parking area which is appurtenant
to the former Hughes Supermarket which is now known as King's Market building which is
erected on the Leased Premises and used exclusively by Lessee.
Lessee shall in addition pay 100% of the cost of repairing or improving the sidewalk along
North Baltimore Avenue between Pine Street and Harman Alley.
7.03. Sixty Percent Damage - Termination Option. If, by fire, flood, explosion,
public enemy, riot, civil commotion, or act of God the premises during the term shall be damaged in
excess of sixty (60%) pement, this Lease, at the option of Lessee, to be exercised by notice to
Lessor in writing, shall cease and terminate. The term "damaged in excess of sixty (60%) percent"
shall be construed to mean such damage to the buildings or improvements occupied by Lessee
(excluding damage caused solely by water used in extinguishing fire), as will require an expenditure
in excess of sixty (60%) pement of the market value (prior to the damage) of the buildings or
improvements, in order to make repairs.
[.ease: Iselin & Garonzik./Chaudhry & Warraich
Page 6
7.04 Removal of Ice, Snow, and Debris. Lessee, at Lessee's own cost and expense at
all times during the term of this Lease shall keep the sidewalk along the east side of North
Baltimore Avenue extending from Pine Street northwardly to Harman Alley, free of ice, snow and
debris and shall likewise keep the paved areas which are a part of the Leased Premises free of ice,
snow and debris.
7.05. Damage Less than Sixty Percent - Repairs. If, by fire, flood, explosion, public
enemy, riot, civil commotion, or act of God the premises during the term, shall be damaged to an
extent less than sixty (60) pement (or in excess of sixty (60) percent and Lessee shall not exercise
its option to terminate this Lease) Lessee shall repair (with Lessee's funds or any insurance funds)
the premises with due diligence, and this Lease shall continue in full force and effect.
7.06. Inspection by Lessor. Lessee shall permit Lessor and its agents to enter into and
upon the Leased Premises and any improvements erected thereon at all reasonable times for the
purpose of inspecting the same or for the purpose of maintaining or malting repairs to the
~mprovements which Lessor elects to do pursuant to this Article.
7.07. Delivery of Property. Lessee shall throughout the Lease Term maintain the
Leased Premises and all improvements erected or situate thereon as provided in section 7.01 of this
Agreement and shall, at the termination of this Lease, dehver up the premises in a clean and sanitary
condition in substantially the same condition that existed on the Beginning Date, reasonable wear
and tear, damage by the elements, acts of God, war and any act of war, excepted, Provided, However,
that any insurance proceeds for any such casualty not used to repair or replace the Leased Premises
or improvements shall be paid over to the Lessor and Lessee shall be responsible to Lessor for any
deficiencies in insurance or lack of coverage or deductible.
7.08. Lessoffs Right to Repair. In the event Lessee should neglect to reasonably
maintain the Leased Premises and all improvements erected or situate thereon, Lessor shall have the
right, but not the obligation, to cause repairs or corrections to be made, and any reasonable costs
therefore shall be payable by Lessee to Lessor as additional rental on the next monthly rental
payment due after notice from Lessor to Lessee of the cost of such repairs or corrections, Provided
However, that prior to making or causing to be made any such repair, maintenance, or corrections,
Lessor shall give Lessee thirty (30) days written notice, within which time Lessee shall have the
opportunity to perform such repairs, maintenance, or corrections, or object to the necessity or
desirability of such repair, maintenance, or corrections, and if Lessor and Lessee shall be unable to
agree on the extent of repairs, maintenance, or corrections to be made, if any, within thirty (30) days
following notice of such objection, then the dispute shall be submitted to arbitration as provided in
section 7.07 of th.is Agreement.
7.09. Arbitration. Any dispute between Lessor and Lessee as to what constitutes
sufficient repair and ma/ntenance shall be submitted to arbitration as hereinafter provided for.
ARTICLE VIII
MECHANIC'S LIENS
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Page 7
8.01. Prohibition of Liens on Fee or Leasehold Interest. Lessee shall not suffer or
permit any mechanic's liens or other liens to be filed against the fee of the Leased Premises nor
against Lessee's leasehold interest in the Leased Premises, by reason of any work, labor, services or
materials supplied or claimed to have been supplied to Lessee or anyone holding the Leased
Premises or any part thereof through or under Lessee.
8.02. Removal of Liens by Lessee. If any such mechanic's liens or material man's lien
shall be recorded against the Leased Premises, or any improvements thereof, Lessee shall cause the
same to be removed or, and in the aitemarive, if Lessee in good faith desires to contest the same,
Lessee shall be privileged to do so but in such case Lessee hereby agrees to insure, defend,
indemnify and save Lessor harmless from ail liability for damages occasioned thereby and shall, in
the event of a judgment of foreclosure upon said mechanic's lien, cause the same to be discharged
and removed prior to the execution of such judgment.
ARTICLE IX
CONDEMNATION
9.01. Interests of Parties on Condemnation. In the event the Leased Premises or any
part thereof shail be taken for public purposes by condemnation as a result of any action or
proceeding in eminent domain, or shall be transferred in lieu of condemnation to any authority
entitled to exercise the power of eminent domain, the interests of Lessor and Lessee in the award or
consideration for such transfer and the effect of the taking or transfer upon this Lease shall be as
provided by this Article.
9.02. Total Taking - Termination. In the event the entire Leased Premises is taken or
so transferred, this Lease and all of the right, ritle, and interest thereunder shall cease on the date title
to such Leased Premises vests in the condemning authority, and the proceeds of such condemnation
shall he divided as follows:
(a) Lessee shall receive any and all awards for the unexpired Lease Term, plus
moving expenses, and any other sums to which a Lessee would be properly and lawfully entitled
(except any awards or proceeds allocated pursuant to sub-section (b) hereafter).
(b) Lessor shail receive all of the said other condemnation proceeds.
9.03. Partial Taking - Termination. In the event of the taking or transfer of only a part
of the Leased Premises leaving the remainder of the premises in such location, or in such form,
shape, or reduced size as to be not effectively and practicably usable for the purpose of operation
thereon of Lessee's business, this Lease and all right, title, and interest thereunder shall cease on the
date title to the Land or the portion thereof so taken or transferred vests in the condemning
authority. On or before the date of said vesting in the condemning authority, Lessee shall notify
Lessor that it considers the partial taking to render the Leased Premises practicably unusable in its
opinion and that it wili consider the Lease to be terminated upon said vesting. Should Lessor
disagree with Lessee's determination that the taking renders the Leased Prerrfises practicably
unusable, Lessor shall in mm notify Lessee within twenty (20) days of receipt of Lessee's notice
and thereafter the matter may be submitted by either of the parties to arbitration as hereinafter
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Page 8
provided. The proceeds of such condemnation shall be divided according to the provisions of
section 9.02 of this Lease.
9.04. Partial Taking - Continuation With Rent Abatement. In the event of a taking
or transfer of only a part of the Leased Premises, leaving the remainder of the premises in such
location and in such form, shape, or size as to be used effectively and practicably in the opinion of
the Lessee for the purpose of operation thereon of Lessee's business, this Lease shall terminate and
end as to the portion of the premises so taken or transferred as of the date title to such portion vests
in the condemning authority, but shall continue in full force and effect as to the portion of the
Leased Premises not so taken or transferred. From and after such date, the rental required to be
.paid by Lessee to Lessor shall be reduced in the proportion to which the value of the area and
~mprovements so taken or transferred bears to the total value of the area and improvements of the
Leased Premises and easement area. The proceeds of such condemnation shall be divided
according to the provisions of section 9.02 of this Lease.
9.05. Voluntary Conveyance. A voluntary conveyance by Lessor to a public utility,
agency, or authority under threat of a taking under the power of eminent domain in lieu of formal
proceedings shall be deemed a taking within the meaning of this Article IX.
9.06. Arbitration. If any condemnation award does not distinguish between the classes
of property and interests as described in section 9.02 of this Agreement, the parties shall negotiate
and agree as to such allocation and, failing such a~eement within forty-five (45) days, the matter
shall be subrnltted to arbitration.
ARTICLE X
ASSIGNMENT AND SUBLEASE
10.01. Consent of Lessor Required. Lessee, or any subsequent Lessee, may assign,
convey or transfer Lessee's interest in this Lease and the leasehold estate created hereby, or a
portion of said interest, only with the written consent of Lessor to such assignment, which consent
shall not be unreasonably withheld but which consent may be conditioned upon the Lessee
guaranteeing payment and compliance with the requirements of this Lease Agreement by the
Lessee's transferee.
ARTICLE XI
DEFAULT AND REMEDIES
11.01. Default by Lessee. If Lessee shall allow any monthly rent to be in arrears for a
period of thirty (30) days after written notice from Lessor, or shall remain in default under any
other condition of this lease for a period of thirty (30) days after written notice from Lessor, or
should any other person than Lessee secure possession of the premises, or any part thereof, by
operation of law in any manner whatsoever, Lessor may at its option, without notice, or further
notice, to Lessee:
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Page 9
(a) Terminate this lease and recover from Lessee damages as provided for in
this section 11.01 of this Agreement, or
(b) Continue to hold the Lessee obligated to this Lease and recover by suit or
otherwise from the Lessee any and all damages, including all rent due for the remainder of the
Term, or
(c) Enter upon the Leased Premises and any improvements erected or situate
thereon to cause repairs or corrections to be made, or correct or rectify any breach and any
reasonable costs therefore shall be payable by Lessee to Lessor as additional rental on the next
monthly rental payment due after notice from Lessor to Lessee of the cost of such actions, or
(d) Otherwise satisfy the breach of Lessee's duty or obligation by the payment
of money due or the taking of action and any reasonable costs thereof shall be payable by Lessee to
Lessor as additional rental on the next monthly rental payment due after notice from Lessor to
Lessee of the cost of such actions, or,
(e) Reenter and take possession of said premises and remove all persons and
property therefrom, without being deemed guilty of any manner of trespass, and relate the premises
or any part thereof, for all or any part of the remainder of said term, to a party satisfactory to Lessor,
and at such monthly rental as Lessor may with reasonable diligence be able to secure. Should
Lessor be unable to relate after reasonable efforts to do so, or should such monthly rental be less
than the rental Lessee was obligated to pay under this lease, plus the expense of reletting, then
Lessee shall pay the amount of such deficiency to Lessor, or
(f) Avail itself of any other remedy at law or equity.
The said rights and remedies of Lessor shall be cumulative and not in the alternative. Lessor shall
have the right to effect the remedies set forth in sub-section (c) and (d) of this section 11.01 of this
Lease upon less than thirty (30) days notice if a shorter period is required so as to prevent
irreparable injury to the Leased Premises or the motel and restaurant business conducted thereon.
11.02. Landlord's Lien - Sale of Lessee's Property. It is expressly agreed that in the
event of default by Lessee hereunder, Lessor shall have a lien on all goods, chattels, or personal
property of any description belonging to Lessee which are placed in, or become a part of, the
Leased Premises, as security for rent due and to become due for the remainder ot: the current Lease
Term, which lien shall not be in lleu of or in any way affect the statutory Lessor's lien given by law,
but shall be cumulative thereto; and Lessee hereby grants to Lessor a security interest in all such
personal property placed in or on said Leased Premises for such purposes, Provided However, that
no security interest or Financing Statement shall be filed nor shall such lien be perfected in any
manner, until default by Lessee and thirty (30) days written notice from Lessor to Lessee of
Lessor's intent to so file or perfect. This shall not prevent the sale by Lessee of any merchandise or
inventory in the ordinary course of business free of such lien to Lessor. In the event Lessor
exercises the option provided in sub-sections (a), (b), (e), or (f) of section 11.01 of this Agreement,
Lease: Iselin & Garonzik./Chaudhry & Warraich
Page 10
then Lessor may take possession of ali of Lessee's property on the Leased Premises and sell same
at public or private sale after giving Lessee reasonable notice of the time and place of any public
sale or of the time after which any private sale is to be made, for cash or on credit, or for such prices
and terms as Lessor deems best, with or without having the property present at such sale. The
proceeds of such sale shall be applied first to the necessary and proper expense of removing,
storing, and selling such property, then to the payment of any rent due or to become due under tiffs
Lease, or any damages as calculated under section 11.01 or 11.02 of tiffs Agreement, with the
balance, if any, to be paid to Lessee. The provisions of this section shall not prevent, nor shall they
prohibit, the Lessee or its Operation Manager from disposing of any assets free and clear of any
lien provided for in tiffs section, until such time as the said lien should be perfected.
11.03. Remedies Cumulative. All rights and remedies of Lessor under this Lease shall
be cumulative, and none shall exclude any other right or remedy at law. Such rights and remedies
may be exercised and enfomed concurrently and whenever and as often as occasion therefore
arises.
11.04. Mitigation of Damages. In the event of any default, Lessee shall be given credit
against any damages, for any rent actually received upon the re-rental of the Leased Premises by the
Lessor.
ARTICLE XII
TERMINATION AND SURRENDER
12.01. No Right to Terminate. Neither Lessor nor Lessee shall have the right to
terminate this Lease for any reason during the Lease Term except as specifically provided in this
Agreement.
12.02. Automatic Termination. Tiffs Lease shall automatically terminate at the end of
the Lease Term.
12.03. Surrender of Possession. Unless otherwise mutually agreed in writing by the
parties prior to the termination of the Lease, either pursuant to section 12.02 or any option
expressly provided for in sections of this Agreement, Lessee agrees to redeliver possession of the
Leased Premises, and the improvements, fixtures and property thereon which are to become the
property of the Lessor pursuant to section 5.01 of tiffs Agreement, in substantially the same
condition that existed on the Beginning Date, reasonable wear and tear, damage by the elements,
acts of God, war and any act of war, excepted, all as provided in section 7.05 of tiffs Agreement.
12.04. Other Acts and Effects of Termination. Upon Termination: (a) If appl!cable,
all financing statements and mortgages executed by Lessor or Lessee shall be satisfied, terminated
and released in full by Lessee,
(b) Tiffs Agreement shall be of no further force and effect except as to those
rights, obligations and remedies as may have arisen prior to termination or which may arise
thereafter as a result of acts or events occurring prior to termination.
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ARTICLE XIII
Page 11
WARRANTIES, INDEMNITY, LIABILITY & INSURANCE
13.01. Indemnity of Lessor. Lessee agrees to insure, defend, indemnify and hold Lessor
harmless against any and ail claims, demands, damages, costs and expenses, including attorney%
fees for the defense thereof, arising from the conduct or management of Lessee's business at the
Leased Premises, or from any breach on the part of Lessee of any conditions of this Lease, or
condition created by the Lessee, or from any act or negligence of Lessee, its agents, contractors,
employees, subtenants, concessionaires, or licensees in or about the Leased Premises, or in
connection with any accident, personal injury or damage to personal property arising from or out of
any occurrence in, upon or at the Leased Premises during the Lease Term, unless same shail result
on account of any negligence on the part of Lessor. In case of any action or proceeding brought
against Lessor by reason of any such claim, Lessee, on notice from Lessor, covenants to defend
such action or proceeding by counsel acceptable to Lessor.
13.02. Insurance. Lessee agrees that at ail times during the Term of this Lease or any
extensions, it shail keep in effect a policy of public liability and property damage insurance issued
by a reliable insurance company with reasonable limits of liability and naming the Lessor and
Lessee herein as the insureds, insuring them against any and ail claims of personai injury or
property damage arising from the demised premises or activities thereon, and in addition the Lessee
shall keep in effect fire insurance with extended coverage issued by a reliable insurance company in
an amount equal to 100% of the insurable value of the Leased Premises, naming the Lessor and
Lessee herein as insurers and in addition Lessee shall carry f~:e legai liability insurance, and
improvements and betterments insurance in such amounts as the parties may agree to from time to
time, or, failing such agreement, in reasonable amounts determined by arbitration. All said
insurance policies shail provide for the payment for any losses to either Lessor or Lessee, as their
interest may appear under this Lease.
13.03. Insurance - Proof of Coverage. The original policies may be retained by the
insured, but the other party shail have the right to inspect and copy any and all such policies, and
Lessee, on demand, agrees to furnish the Lessor with proof of payment of the premium or
premiums on any pohcies provided for in this Agreement.
13.04. Other Insurance. Lessee shall not obtain any other insurance on any property or
matter which is the subject of this Agreement without aiso naming Lessor as an additional insured
as their interests may appear.
13.05. Insurance. Protection Against Cancellation. Each insurance policy provided
for in this Agreement shail expressly provide that the policy shail n'~t be canceled or aitered without
thirty (30) days' prior written notice to the other party.
13.06. Insurance - Failure to Secure. If Lessee at any time during the Term hereof
should fail to secure or maintain the foregoing insurance, Lessee shail be in default under the terms
of this Agreement, and Lessor shail have the right but not the obligation, to obtain such insurance in
Lessee's name or as the agent of the Lessee, and any reasonable costs therefore shall be payable by
Lessee to Lessor as additionai rentai on the next monthly rental payment due after notice from
Lessor to Lessee of the cost of such insurance.
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Page 12
13.07. Compliance with Insurance Requirements. Lessee, at its sole cost, shall effect
compliance with all requests of any fire insurance carrier of Lessee or Lessor concerning Leased
Premises or operations modifications. All insurance proceeds received by any party hereto arising
out of damage to the property shall be utilized for the prompt restoration of the property to its
preexisting, or better, condition.
ARTICLE XIV
ARBITRATION
14.01. Agreement to Submit. In the event Lessor and Lessee cannot agree on any point
in tiffs Lease that is expressly subject to arbitration, or should they hereafter stipulate in writing that
any dispute between them be submitted to arbitration, such controversy between the parties
involving rights and obligations arising under the terms of tiffs agreement is subject to arbitration,
except controversies involving less than $2,500.00, Provided However, that either party shall have
the right to appeal any arbitration award to Court, de novo. The arbitration shall comply with and be
governed by the provisions of this agreement and the Pennsylvania Uniform Arbitration Act,
Sections 7301 through 7320 of Title 42 of the Pennsylvania Consolidated Statutes.
14.02. Demand for Arbitration. In the event Lessor and Lessee cannot agree on any
point in this Lease that is expressly subject to arbitration, either party may make a demand for
arbitration by filing a demand in writing with the other by notice.
14.03. Appointment of Arbitrators. The parties may agree on one arbitrator. However,
if they cannot so agree, three arbitrators shall be appointed as follows: Within twenty (20) days of
a Demand for Arbitration, each party shall name one arbitrator in writing and give notice to the other
party of the name and address of the arbitrator. In case of the failure of either party hereto to name
an arbitrator the other party shall have the right to apply to the Court of Common Pleas for the
County of Cumberland, Pennsylvania, to appoint an arbitrator to represent the defaulting party. The
two arbitrators thus appointed (in either manner) shall select and appoint in writing a third arbitrator
and give written notice to Lessor and Lessee, or if within twenty (20) days after the appointment of
said second arbitrator, the two arbitrators shall fail to appoint a third, then either party hereto shall
have the right to make application to the Court of Common Pleas for the County of Cumberland,
Pennsylvania, to appoint such third arbitrator.
14.04. Qualifications of Arbitrators. All of the arbitrators appointed must have no
financial or personal interest in the result of the arbitration.
14.05. Vasancies and Substitutions. If an appointed arbitrator fails to act or is unable to
act, the parties may appoint a successor as follows: whether or not a single arbitrator was chosen
initially, the parties may agree on another single arbitrator; or if the parties can not agree on a single
arbitrator, the successor shall be appointed by the party or by the arbitrators who selected the
arbitrator who is no longer participating. If the method provided in this section 14.05 or section
14.03 of this Agreement fails or cannot be followed, one or more arbitrators may be appointed by a
court having jurisdiction on application of either party.
14.06. Time and Place of Hearing. All arbitration hearings conducted under tiffs
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Page 13
agreement shall take place in Cumberland County, Pennsylvania. The arbitrators shall set the time
and place of the arbitration hearings, and they shall deliver to each party by personal service or
registered mail written notice stating the time, location, and subject matter of the arbitration hearing.
14.07. Powers of Arbitrators. The arbitrators shall have the power to: decide all
procedural issues; interpret and determine questions of both law and fact; base conclusions on their
reading of the Agreement; adjourn or postpone the hearing for good cause to a time not later than
the date for making the award unless the parties consent to a later date; and hear and determine the
controversy on the evidence presented even though a duly notified party falls to appear. All powers
of the arbitrators shall be exercised only by a majority of the arbitrators.
14.08. Evidence. The arbitrators may issue subpoenas for the attendance of witnesses and
the production of other evidence, permit depositions to be taken of witnesses who cannot be served
with a subpoena or who cannot attend the hearing, and administer oaths as provided by law.
14.09. Award. The arbitration award shall be binding if made by a majority of the
arbitrators. It shall be in writing and signed by the arbitrators joining in the award. The arbitrators
shall deliver a copy of their award to each party by the methods provided for notice by one party to
another in this Agreement. The award shall be made within ninety (90) days from the date of the
appointment of the last arbitrator unless the parties consent in writing to extend this period before
or after it expires. The award may be conf'm-ned by any court having jurisdiction on application of
either party.
14.10. New Arbitrators. If the arbitrators appointed pursuant to section 14.03 of this
Agreement fall to make an award within ninety (90) days from the date of the appointment of the
last arbitrator, they shall be discharged unless the parties consent in writing to extend this period.
New arbitrators (or an arbitrator) shall be appointed and shall proceed in the same manner as
specified in this Agreement. The process shall be repeated until a final award is made by a single
arbitrator or a majority of the arbitrators.
14.11. Costs of Arbitration. The costs and expenses of arbitration, including the fees of
the arbitrators and any attorney's fees, shall be paid by the loosing party or by both parties in the
proportions determSned by the arbitrators in their award.
ARTICLE XV
THIRD PARTY BENEFICIARIES
15.01. No Third Party Beneficiaries. It is the intention of the parties hereto that no
provision of this Lease shall in any way inure to the ~enefit of any third person (including the
public at large) so as to constitute any such person a third party beneficiary of such Agreement or
of any one or more of the terms thereof or otherwise give rise to any cause of action in any person
not a party to such Agreements.
ARTICLE XVI
GENERAL PROVISIONS
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Page 14
16.01. Conditions and Covenants. Ail of the provisions of this Lease shall be deemed
as running with the land, and construed to be "conditions" as well as "covenants" as though the
words specifically expressing or imparting covenants and conditions were used in each separate
provision.
16.02. No Waiver of Breach. No failure by either Lessor or Lessee to insist upon the
strict performance by the other of any covenant, agreement, term, or condition of this Lease or to
exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any
such breach or of such covenant, agreement, term, or condition. No waiver of any breach shall
affect or alter this Lease, but each and every covenant, condition, agreement, and term of this Lease
shall continue in full rome and effect with respect to any other then existing or subsequent breach.
16.03. Time of Essence. Time is of the essence of this Lease, and of each provision.
16.04. Computation of Time. Except where this Lease gives a date upon which an act is
to be performed, the time in which any act provided by this Lease is to be done is computed by
excluding the first day and including the last, unless the last day is a Saturday, Sunday, or legal
holiday, and then it is also excluded.
16.05. Successors in Interest. Each and all of the covenants, conditions, and restrictions
in this Lease shall inure to the benefit of and shall be binding upon the parties hereto and their
respective heirs, executors, administrators, legal representatives, successors, assigns, or other
successors in interest.
16.06. Entire Agreement. This Lease contains the entire agreement of the parties with
respect to the matters covered by this Lease, and no other agreement, statement, or promise made by
any party, or to any employee, officer, or agent of any party, which is not contained in this Lease
shall be binding or valid.
16.07. Partial Invalidity. If any term, covenant, condition, or provision of this Lease is
held.by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provts~ons shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated.
16.08. Relationship of Parties. Nothing contained in this Lease shall be deemed or
construed by the parties or by any third person to create the relationship of principal and agent or of
partnership or joint venture or of any association between Lessor and Lessee, and neither the
method of computation of rent nor any other provisions contained in tiffs Lease nor any acts of the
parties shall be deemed to create any relationship between Lessor and Lessee, other than the
relationship of Lessor and Lessee.
16.09. Interpretation of Language. The language in all parts of this Lease shall in all
cases be simply construed according to its fair meaning and not strictly for or against Lessor or
Lessee.
16.10. Pennsylvania Law to Apply. This agreement shall be construed under and in
accordance with the laws of the Commonwealth of Pennsylvania, and all obligations of the parties
created hereunder are performable in Cumberland County, Pennsylvania.
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Page 15
16.11. Definitions - Construction. Unless otherwise provided in this Lease, or unless
the context otherwise requires, the following definitions and rules of construction shall apply to tiffs
Lease, regardless of whether the terms are capitalized or not in any given instance:
(a) Number and Gender. In this Lease the neuter gender includes the feminine
and mas.culine, and the singular number includes the plural, and the word "person" includes
corporation, partnership, firm, or association wherever the context so requires.
(b) Mandatory and Permissive. "shall," "will," and "agrees" are mandatory;
may is penmsslve.
(c) Term Includes Extensions. All references to the term of this Lease or the
Lease Term shall include any extensions of such Term.
(d) Land and Premises. Leased Premises, Land, Leased Premises, or Premises
shall have one and the same meaning and shall include, where the context so requires, the
improvements to the Land. In the event of a partial taking or condemnation, these terms shall be
redefined as provided in section 9.07 of tiffs Agreement.
(e) Parties. Parties shall include the Lessor and Lessee named in this Lease and
successors in interest to them as provided in section 13.05 of this Agreement.
(f) Sublessee. As used hereto, the word sublessee shall mean and include in
addition to a sublessee and subtenant, a licensee, concessionaire, or other occupant or user of any
portion of the Leased Premises or buildings or improvements thereon.
16.12. Captions. Captions of the articles, sections, and paragraphs of this Lease are for
convenience and reference only, and the words contained therein shall in no way be held to explain,
modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this
Lease.
16.13. Attorney's Fees. In the event either Lessor or Lessee shall bring any action or
proceeding for damages for an alleged breach of any provision of tiffs Lease, to recover rents, or to
enforce, protect, or establish any right or remedy of either party, the prevailing party shall be entitled
to recover as a part of such action or proceedings reasonable attorney's fees and court costs.
16.14. Interest. Any sum accruing to Lessor or Lessee under the provisions of this Lease
wiff.'ch shall not be paid when due shall be~ interest at the rate hereinafter specified from the date
written notice specifying such nonpayment is served on the defaulting party, or the date that any
rent payment was first due, until paid. Interest shall be at the rate of the larger of six (6%) per cent
per annum or the New York Prime Rate as published in The Wall Street Journal.
16.15. Modification. No amendment, modification, or alteration of the terms hereof shall
be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by
the parties hereto.
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Page 16
16.16. Notices - Method and Time. All notices, demands, or requests from one party to
another shall be either personally delivered or sent by Un/ted States or private mail, certified or
registered, with provision for the execution of a receipt by the recipient, postage prepaid, to the
addresses stated in section 16.17 of tiffs Agreement and shall be deemed to have been given at the
time of personal delivery or at the time of mailing or sending.
16.17. Notices - Addresses. All notices provided to be given under tiffs Agreement shall
be addressed to Mohamed G. Swati at 1134 Country Side Drive, Harrisburg, PA 17110, or any
other address that may subsequently be specified by written notice delivered in accordance with this
agreement. Any assignee or successor of any interest in tiffs Lease Agreement shall immediately
notify the the other party of his, her, or its address for the purpose of receipt of notice.
16.18. Payment of Rent. All rents and other sums payable by Lessee to Lessor shall be
by check payable to Lessor, delivered in person or mailed to Lessor at the address set forth in the
preamble, and until further notice to "Ann G. Iselin and Harry L Garonzik" and mailed to Ann G.
Iselin at 10802 North Sand Canyon Place, Tucson, AZ 85737. Lessor may at any time change the
provisions of tiffs section by notice to the Lessee.
16.19. Broker's Commissions. Each of the parties represents and warrants that there are
no claims for broker's commissions or finder's fees in connection with the execution of tiffs Lease,
and each of the parties agrees to indemnify the other against all liabilities arising from any such
claim.
16.20. Recording. At the request of either party, the parties shall, execute, acknowledge,
and record a memorandum of lease. Contemporaneously with any such memorandum, Lessee shall
prepare and execute an acknowledgment of the termination of the Lease, in recordable form, which
shall be held by Lessor and not recorded until such time as tiffs Lease is finally determined to be
terminated. The party so requesting the memorandum shall bear the cost of preparing and
recording the same and the acknowledgment of the termination.
16.21. Counterparts. Tiffs Lease has been executed by the parties in several counterparts,
each of which shall be deemed to be an original copy.
16.21. A. Tiffs Lease supercedes the Lease heretofore executed by the Lessor on
September 28, 2000 which was signed by M. G. Swati as Lessee, provided the purported
assignment of that lease by M. G. Swati to the within Lessees is valid.
Lease: Iselin & Garonzik./Chaudhrv & Warraich
16.22. Execution. This Lease has been executed by the Lessor on
2001, and by the Lessee on
Lessors:
Page 17
,2001.
Ann G. Iselin
Lessees:
Sajl'd M. Warraich
ANN G. ISELIN and
HARRY L. GARONZIK
Plaintiffs
VS.
AFZAL H. CHAUDHRY and
SAJID M. WARRAICH
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 02-4501 Civil Term
:
: AT LAW
PRAECIPE FOR DEFAULT JUDGMENT
TO: Cumberland County Prothonotary
Please enter judgment in favor of Plaintiff and against Defendant in the amount of $30,966.62
with interest thereon at the legal rate plus costs, for failure of Defendants to plead with twenty days
from the date of service of the Complaint on October 8 and 9, 2002. It is certified that Notices of
Intention to Enter Default Judgment have been given in accordance with Rule 237.1 of the
Pennsylvania Rules of Civil Procedure, a copy of said Notices and proofs of mailing being attached
hereto.
DATED:
November ll,2002
Attorney for Plaintiff
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
ANN G. ISELIN and
HARRY L. GARONZIK
Plaintiffs
VS.
AFZAL H. CHAUDHRY and
SAJID M. WARRAICH
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 02-4501 Civil Term
: AT LAW
TO:
DATE OF NOTICE:
SAJID M. WARRAICH
October 29, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT 'WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT 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:
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6200
Robert G. Frey
Attorney for Plaintiffs
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
ANN G. ISELIN and
HARRY L. GARONZIK
Plaintiffs
VS.
AFZAL H. CHAUDItRY and
SAJID M. WARRAICH
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 02-4501 Civil Term
:
: AT LAW
TO:
DATE OF NOTICE:
AFZAL It. CFIAUDI--IRY
October 29, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT 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:
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6200
Robert G. Frey ·
Attorney for Plaintiffs
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838