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HomeMy WebLinkAbout96-00282 ~.~'.f i , > , , , ;~ ; I ~I )/ 'I t\ ~ ", , , ! ! ; ! ! 'l' :', , " / / , I ,:;:t',.:~ ~\Y'."1ti.-tt.~,!,;:;.._~:-.,' '1~~;7:;::" .. .f, ,-'j, ., ~:~.;' ~._' " , , . ---,-,,;j..,'. Ulr0nJC7,. 11M_A Pu.....o 101 OPPICI CIHI'III, IUITI A 10110UTlf U.l.1IOVl'I11 D1uaallRO, PINNIYLVANJA 1'1011 ~....:...." ,_h;.,', ' ~i"+, ",'; .i" '.", ,,"~\~%'~~;:J:}ft{~~ -~. ~_.4."'-"'~~~r(',t:1;J~~1~ii~~ '>, \ ;'>:?:~~2~ " , ..... . -, .-.---... ._~-_._-~.._,~ DUSAN BRATIC and JOHN T KOCHER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. v. SALVATORE ARENA and GIOVANI ARENA, AIKIA MAURICE ARENA Dofendants CIVIL ACTION LAW ENTRY OF A~PEARANCE TO THE PROTHONOTARY: Pursuant to the warrant of attorney contained in the Lease attached to the Complaint as Exhibit "A", please enter my sppearance for defendants, on whose behalf I confess jUdgment in the sum of $37,050.00, jointly and severally as demanded in the Complaint. Dusan Bratic Attorney for Defendants ~ AVISO USTBD HA SIDO DBMANDADO BN LA CORTB. Si usted desea defenderse de las quejss expuestas en 1as paginas siguientes, debA tomar accion dentro de veinte (201 dias a partir de 1a fecha en que recibio la demand a y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y pres en tar en 1a Corte por escrito sus detensas 0 sus objeciones alas demand as en su contra. Se le avisa que si no se detiende, el caso puede pro ceder sin usted y 1a Corte puede decidir en IIU contra sin mas sviso 0 notificacion por cualquier dinero rec1amado en 1a demanda 0 por cua1quier otra queja 0 compensacion reclamados por e1 Demandante. USTBD PUlDB PBIDBR DINBIO, 0 PROPIBDADBS U OTROS DBIBCHOS INPOITAHTBS PAIA USTBD, LLBVB BSTA DBMANDA A UN ABOGADO INHBDIATAMBNTB, SI USTBD NO TIIINB 0 NO CONOCB UN ABOGADO, VAYA 0 LLAMB A LA OFICINA BN LA DIIBCCION BSCRITA ABAJO PARA AVBRIGUAR DONDB PUBDB OBTBlfBI ASISTBlfCIA LBOAL. COURT ADMINISTRATOR CUNBBRLAND COUNTY COURT HOUSB 4TH FLOOR, 1 COUITHOUSB SgUARB CARLISLB, PA 17013-3387 (717) 240-6200 2 . DUSAN BRATIC and JOHN KOCHER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. NO. SALVATORB ARENA and GIOVANI ARENA, AIKIA MAURICE ARENA Defendants CIVIL ACTION LAW COMPLAINT UNDER PENNSYLVANIA RULES OF CIVIL PROCEDURE 2951 & 2971 ET SEC. 1. The Plaintiffs are Dusan Bratic and John Kocher, adult individuals, with a principal place of business at 101 South U.S, Route 15, Dillsburg, York County, Pennsylvania 17019. 2. The Defendants are Salvatore Arena and Giovani Arena alkla as Marice Arena, adult individuals, who conduct a principal place of business out of 1128 Fernwood Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. At all times material hereto the Plaintiffs leased to the Defendants a portion of the premises known as 24 South Baltimore Street, Di1lsburg, York County, Pennsylvania, for use as a restaurant under the terms and conditions contained in a written lease dated the 5th day of May, 1995. 4. A copy of the aforesaid written lease and the attached exhibits thereto are attached hereto and especially made a part of this complaint and shown as Exhibit A. 5. The term of the lease for a term of five years commencing on June 1, 1995. 6. Judgement has not been entered on the unpaid balance of 3 . the aforesaid le.se in any jurisdiction other than a complaint for one month's rent, which was entered against Giovani Arena and Salvatore Arena on the 11th day of October, 1995 by District Justice Paul Walters. 7. There has been a defaul t on the payment of rent, utilities, maintenance and improvements in the term of the lease in that payments promised to be made by the Defendants have not been made when due. 8. The Defendants have not paid any payments to the lease for September 1, 1995, October 1, 1995 or for any month thereafter. 9. On October 19. 1995, the Defendants were served with a notice of acceleration as provided for in Paragraph 18 of the lease. The Defendants have not made any payment on account of the le..e after Notice of Acceleration was given to them. Said Notice of Acceleration was served by Constable Clyde Bertram. A copy of Notice of Acceleration and a proof of service of the Notice of Acceleration are attached hereto collectively as Exhibit B. 10, Under the terms of the aforesaid lease the Plaintiffs are entitled to the sum of $37,050 and all other charges, payments, costs or expenses. Rent from September 1, 1995 through the end of the lease period at $650 per month totals $37,050. Tenant paid rent for July and August 1995. Tenant paid a $650 security deposit, which has been applied to the September 1. 1995 to September 30, 1995 payment. 11. There were no assignments of the aforesaid lease. 12. All notices have been given as required in the lease. 4 , .' I , i i . ;, I I . II , COMMERCIAL LEASE .-:!l1 THIS AGREEMENT, made the !.;) day of , 1995, by and between DUSAN BRATIC AND JOHN KOCHER of 101 S. U.S. Rou 15, Dillsburg, PA 17019 hereinafter referred to as "LESSOR", and MAURICE RENA and SALVATORE ARENA, jointly and severally, of 1128 Fernwood Avenue, Camp Hill, PA 17011 hereinafter referred to as "LESSEE". 1. Lessor hereby leases to the Lessee all that certain property located at 24 S. Baltimore Street, Dillsburg, PA, and consisting of an area that is approximately 18 feet wide and 72 feet long and further defined in the attached Exhibit A. the 2. .d'l'ERM - The te 1- day of 'of ,.this lease is for five (5) year(s) beginning on '1~lL- , 1995. 3, RENEWAL OPT ON - Lessee shall have the right and option of renewing this lease for an additional consecutive term of 5 year(s) unless the Lessee notifies the Lessor in writing 120 days prior to the end of the initial term that the Lessee does not wish to renew. 4. ACCEPTANCE BY LESSEE - At the commencement of the term the Lessee shall accept the demised premises in their then existing condition as modified by Exhibit A and the Lessee accepts the same as suitable for Lessee's intended use. Lessee covenants and agrees to keep the premises and equipment, if any, thereon situated in good repair and to surrender the premises at the expiration of the initial term, or any renewals thereof, in good condition, normal wear and tear excepted. 5, RENT - Lessee agrees to pay the Lessor the minimum sum of $650 per month representing the base rent for the first 5 year(s) term for use of the leased premises. The first rental payment shall be prorated if there is a partial month of occupancy prior to the inception of the Lease. The monthly rent for the renewal shall be $800 per month. 6. LATE CHARGES - Any rent not received within ten (10) days of its due date at such place as specified by Lessor in writing shall be subject to a 10' late charge. 7. SECURITY DEPOSITS - Lessee shall pay to the Lessor the sum of $650.00 at the time of signing of this lease as Security Deposit to assure faithful performance of the terms and conditions of this Agreement, This Security Deposit shall be used by the Lessor in any way he may desire. In case of Lessee's faithful performance of the terms and conditions of this lease, this deposit shall be returned to Lessee at the end of this Lease or any extensions of the term. In the event of default by the Lessee of any terms of this Lease, said Security Deposit or any unused portion thereof shall be forfeited to Lessor. Said forfeiture shall be in addition to any other remedies at law which Lessor might have for such breach. As additional security for the faithful performance of the terms and conditions of this Lease agreement by Lessee, Lessee hereby grants to Lessor a security interest upon all goods, chattels and personal property of any description belonging to Lessee which are placed in or become a part of the leased premises, which lien shall be cumulative thereto and Lessee shall, upon execution of this "} lease, execute and deliver to LeslJor n Security Agreement and financing statement in accordance with the terms of the Uniform Commercial Code. 8. USE- A. The Lessee agrees to use the premises for the operation of a restaurant or any use incidental thereto. The Lessee shall not use any portion of the premises for purposes other than those specified hereinabove and no use ~hall be made or permitted to be made upon the premises nor acts done which will increase the premiums on insurance policies covering said property in excess of usual and CUlJtomary rates for a restaurant business. B. The Lease is personal to the Lessee and may not be assigned nor may there be any SUbletting without the Lessor's pl'ior approval and any such assignment or subleasing shall constitute an element of default. C. The premises are being leased with the equipment listed on the attached Exhibit B, which is made a part hereOf. The Lessee has inspected said equipment and finds it suitable to his needs. The Lessee agrees to maintain said equipment in good working order and condition and in the event any equipment is lost, stolen, mislaid, damaged or destroyed, the Lessee agrees to replace the same with like kind equipment subject to the Lessor's approval. Any new equipment installations shall require the Lessor's approval which shall not be unreasonably Withheld, all costs associated with such approval shall be at the Lessee's expense. 9, ALTERATION AND IMPROVEMENT Lessee shall not store any merchandise, eqUipment, or any other material on any exterior portion of the leased premises, No improvement or alteration of the premises shall be made without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. All alterations, repairD, replacements and fixtures which Lessee may make shall be and will remain the sole and exclusive property of the Lessor. Any repairs, al terations or replacements which result in a lien being placed on the demised premises shall constitute immediate breach of this lease agreement and if Lessee has not cured said breach of this lease within thirty (30) days after receiving written notice thereof from Lessor, the entire balance owed on the lease shall, at the Lessor's option, become immediately due and payable. 10. PARKING - There is very limited parking available with the premises at the present time; however, if parking bscomes available in the future, lessee shall not park any vehicles on the leased premises overnight, nor shall he permit any vehicles to be parked on the leased premises overnight without the prior written consent of Lessor. Lessee agrees to abide by such other rules and regulations concerning use of the parking lot at the leased premises as may be established by the Lessor in writing from time to time and to honor any parking sports assigned to tenants. 11. TAXES - Lessor agrees to be responsible for the payment of all real estate taxes. Lessee shall pay for all other taxes and charges assessed against the premises and operations. 2 I:: (' 11 12. UTILITIES - Lessee understands that the cost of utilities to serve the premises shall be paid as follows I Electricity........... Lessee Heating costs.......... Lessee Water.................. By Tenant 1/4 of bill plus overages Sewer.................. By Tenant 1/4 of bill plus overages Rubbish Removal........ Lessee (Dumpster to be secured) Snow Removal........... Lessee Gas. . . . . . . . , . , I . . . . . . .. Lessee Pest Control... .... .... Lessee Air Conditions......... Lessee Repair of heating and air conditioning systems and plumbing repairs to be the responsibility of Lessee and shall be accomplished by qualified technicians. 13. INSURANCE - Lessee agrees to procure, pay for and maintain in force during the term of this lease, at Lessee's expense, broad form fire and extended coverage in an amount adequate to satisfy co-insurance requirements. Lessee shall also cause the poliGY to contain an earnings endorsement to protect Lessor from loss of rent in the event of fire or other covered peril. Lessee shall procure, pay for and maintain in force during the term of this lease, public liability insurance in an amount of $500,000 for each person injured and $1,000,000 for anyone accident. Lessee shall name Lessor as a party in interest in the aforesaid coverages and Lessee shall waive and by execution of this lease does waive any subrogation rights against Lessor and provide a copy of the policy to the Lessor within 15 days of such request. 14. NEGATIVE COVENANTS OF LESSEE - 1. WASTE, DAMAGE OR INJURY TO PREMISES RESTORATION - No waste, damage or injury to the space shall be committed, and at the end of the term the space shall be restored at the option of Lessor to the same condition in which it was at the commencement of the term, and the cost of said restoration shall be paid by Lessee, which cost shall be treated as additional rent due and owing under the terms of this lease. This paragraph is subject to the exceptions of ordinary wear and tear, and unavoidable damage by fire, elements, casualty, or other cause or happening not due to Lessee's negligence. 2. LAWFUL POSSESSION, FIRE PRECAUTIONS, MACHINERY WEIGHTS _ Lessee shall not carryon any unlawful or immoral business in or about the space, and shall not carryon any business which will endanger the building from fire or cause a forfeiture of any fire insurance that Lessor has or may hereinafter have on the building. Lessee shall use every precaution against fire or activities which would cause a forfeiture of any fire insurance. Lessee shall not operate any machinery or equipment that may be harmful to the building or disturbing to other occupants of the bUilding, nor place weights in any portion of the space beyond the safe carrying capacity of the structure. 3 . I 3. SIGNS - Lessoe shall not place any additional signs upon the exterior of the Bpace nor cause any lettering of any kind whatsoever to be placed upon the outside windows of the space without the written permission of the LeBsor, which permiBsion shall not be unreasonably refused as long aB said signage meetB the local ordinances. Lessee may, however, place a sign upon the door or windows, l5. LESSOR'S RIGHTS - 1. RIGHT OF INSPECTION - It is agree and understood that Lessor, or LeBsor'B duly authorize agents, contractors and employees may enter the space at reasonable times and upon giving Lessee reasonable notice during the term for the purpose of inspection. 2. RULES AND REGULATIONS - Lessor may from time to time, establish reasonable rules and regulations for the safety, care and cleanliness of the exterior space, and for the preservation of good order therein. Such rules and regulations shall, when notice thereof is given to Lessee, form a part of this lease. No rule or regulations shall be arbitrary but shall be reasonable in every respect. 3. LESSOR'S RENOVATIONS - Lessor and Lessee acknowledge and agree that Lessor intends to renovate other portions of the building in order to facilitate and accommodate other uses, including other businesses and residential units. Lessee acknowledges that such renovations will, despite Lessor's good faith efforts to minimize the same, cause some inconvenience and possible temporary business inconveniences to Lessee. Lessor shall make every attempt not to conflict with or interfere with normal restaurant operations. However, Lessee consents in advance to such inconveniences and temporary business interruption to Lessee and agrees to cooperate fully in the completion. During the time that the Lessee's business is shut down at the request of LeBsor due to renovations, no rent shall be paid to Lessor and the Lessee shall not be entitled to any other damages or reimbursement. 16, RESPONSIBILITY OF LESSEE _ 1. (a) DAMAGES OR INJURY TO PROPERTY - All damages or injuries done to the space by Lessee and/or Lessee's customers, clerks, servants, agents, employees or visitors of Lessee, and individuals for whom Lessee is responsible, other than those caused by ordinary wear and tear, shall be repaired by Lessee at Lessee's expense. Lessee covenants and agrees to make such repairs upon twenty (20) days written notice given to Lessee by Lessor, and if Lessee shall neglect to make said repairs or commence to make the same promptly within twenty (20) days after receiving said notice, Lessor shall have the right to make such repairs at the expense and cost of Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if said expense is made at the expiration of the term, then the cost so made may be collected by the Lessor as additional rent for the use of the space during the entire term. (b) Lessee agrees to keep the hood system clean and inspected 4 in accordance with insurance requirementu and in compliance with NFPA *96 and shall at a minimum have hood systems cleaned every 6 months. 2. PAYMEN'l' OF JUDGMENTS, ETC. - Lessee shall bear, pay and discharge when and as the same shall become due and payablo all judgments and lawful claims for damages or otherwise against Lessor, arising from Lessee's use or occupancy of the space and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this lease, and will protect, indemnify and save harmless Lessor, or Lessor's agents, servants, employees and the public at large by reason of or on account of the use or misuse of the space, or any part thereof, due to the negligence of Lessee and or Lessee's agents, clerks, servants, employees, visitors, customers and individuals for whom Lessee is responsible. J. DISCHARGE OF LIABILITY - In consideration of securing this lease at the above-stated rent, Lessee does hereby release and discharge the Lessor, his agents, servants and/or employees, and said Lessor's successors and/or assigns, from any and all liability by reason of any injury, loss and/or damage to any person and/or property in the demised premises, whether belonging to Lessee or any other person, caused by any fire, the breaking, bursting, stoppage and/or leakage of any water pipe, gas pipe, sewer, basin, water closet, steam pipe and drain in any part or portion of the space and/or any part or portion of the building, of which the space is a part, and from all liability for any and all injury, loss and/or damage caused by the water, gas, steam, waste and contents of said water pipes, gas pipes, steam pipes, sewers, basins, water closets, and drains, or from any kind of injury, loss and/or damage which may arise from any other cause on the premises or in the building except where such damage or loss arises out of the failure of the Lessor to properly maintain those portions of the building under the control of Lessor or arise out of the negligent acts or omissions of the Lessor, his employees, agents and servants. 17. RESPONSIBILITY OF LESSOR _ 1. PARTIAL OR TOTAL DESTRUCTION OF PROPERTY - In the event that the building or the space shall be totally or substantially damaged by fire or other casualty or happening, this lease shall not terminate, but in such event Lessor agrees to repair, restore or rebuild the space as the case may be, subject to and conditioned upon the availability of insurance proceeds, to its condition immediately prior to such damage or destruction with due diligence within six (6) months after such damage; and in the event that the demised premises cannot be repaired, restored or rebuilt as aforesaid, within such six (6) month period, Lessee's sole remedy shall be the right to cancel and terminate this lease without further liability on the part of either party. Lessor agrees to institute such repairs immediately after such damage and to complete the same with due diligence and within six (6) months from the date of destruction. 2. DAMAGE FOR INTERRUPTION OF USE - Lessor shall not be liable for any damage, compensation or claim by reason of inconvenience or annoyance 5 arising from the necessity of making repairs, alterations and/or interruption in the use of the space leased, or the termination of this lease by reason of the destruction of the space. Lessor covenanta and agrees to make all repairs, alterations and/or additions to any portion of the space in a reasonable manner and at such times as will not unreasonably interfere with Lessee's full and quiet enjoyment of the space. 18. REMEDIES OF LESSOR - If Lessee should remove or prepare to remove, or attempt to remove from the space before the expiration of the term or at any time during the continuance of this lease, or if Lessee shall be in default in the payment of any installment of rent for the period of ten (10) days, or should there be a default in any of the covenants or conditions as herein contained, and should Lessee fail to remedy such inSOlvency, or make an assignment for the benefit of creditors, or if a Petition in Bankruptcy is filed by or against Lessee or a bill of equity or other proceedings for the appointment of a receiver for Lessee is filed, or if proceedings for reorganization or for composition which creditors under any State or Federal Law be instituted by or against Lessee, or if the real or personal property of Lessee shall be sold after levy by any sheriff, marshall or constable, then in that event, rent for the unexpired portion of the then current term of this lease, at the rate which is then due and collectible under the terms of this lease, shall immediately become due and payable and shall be collectible by distraint or otherwise, and Lessor shall have the further right in said event, to forfeit and terminate this lease. The said forfeiture to be effected by giving notice in writing to Lessee herein or to the person then in charge of the space. Lessor shall be entitled to recover attorneys fees and costs as additional rent in any proceeding commenced to enforce the terms of this lease. 19. ACCEPTANCE OF NOTICE TO QUIT DISPOSSESSION I WAIVER OF REMEDIES BY LESSEE I WAIVER OF DEMAND _ Lessee hereby accepts notice to quit, remove from and surrender up possession of the space to Lessor at the expiration of the term hereof, whenever it may be determined. On failure to pay rent due for ten (10) days, or upon breach of any other condition of this Lease, as possibly modified by the previous paragraph hereof, despite the distraint, Lessee shall be a nontenant, subject to dispossession by Lessor without further notice or process of law, with release of error and of damages, and Lessor may re- enter the premises and dispossess Lessee without thereby becoming a trespasser. Lessee hereby waives the benefits of all exemption laws of this Commonwealth that now are in force or may hereafter be in force, or in any action or actions that may accrue on this lease, and in any distress or distresses that may be made for collection of the whole of said rent or any part thereof. Lessee also waives the benefit of stay of execution, inqUiSition, extension, right of appeal, certiorari and all errors in all proceedings arising out of this lease. Lessee does also hereby waive any and all demand for payment of the rent herein provided for, either on the day due or any other day, either on the land itself or in any other place, and agrees that such demand shall not be a condition of re-entry or of recovery of possession without legal process or by means of any action or proceeding whatsoever. 20. CONFESSION OF JUDGMENT - As possibly modified by the paragraphs 6 , I herein entitled REMEDIES OF LESSOR hereof, if ront and/or charges hereby reserved as rent shall remain unpaid for ten (10) days beyond any day whon the same ought to be paid. Lessee hereby ompowors any Prothonotary or Attorney of any Court of Record to appoar for Lessoe in any and all actions which may bo brought for rent and/or tho charges, payments, costs and expenses reserved as rent, or agreed to be paid by Lessee and/or to sign for Lessee an Agreement for entering in any competent court an amicable action or actions for the recovery of rent or other chargos or expenses and in said suits or in said amicable action or actions for the rocovery of rent or other charges or expenses and in said suits or in said amicable action or actions to confess judgment against Lessee for all or any part of the rent specified in this lease and then unpaid, including the rent for the entire unexpired balance of the term of this lease, and/or other chargos, payments, costs and expenses reserved as rent or agreed to be paid by Lessee and for interest and costs together with an attorney's commission of ten (10%) per centl and, judgment in ejectment all herein provided may be entered concurrently therewith. Judgment may be confessed repeatedly until any deficiency is collected. 21. EJECTMENT - At the end of said term, whether the same be determined by forfeiture or expiration of the term, or upon the breach of any of the conditions of this lease, as possibly modified by the paragraph entitled RESPONSIBILITY BY LESSOR hereof, it is agreed that an amicable action of ejectment may be entered in the Court of Common Pleas of the County wherein the building is located, in which Lessor shall be Plaintiff, and Lessee, and all who come into possession during the term or continuance of this lease or under this lease, shall be Defendants, that judgment may be entered thereupon in favor of the Plaintiff, without leave of Court, for the premises above described, with the same to have the same force and effect as if a summons in ejectment had been regular issued, legally served and returned, and that writs of habre facias possessionem with clause of fi. fa, for all costs, may be issued forthwith, waiving all errors and defects whatsoever in entering said judgment, also waiving right of appeal, certiorari, writ of error or stay upon any writs of habre facias possessionem which may issue upon the BlUIIe, 22. REMEDIES CUMULATIVE - Lessee hereby relieves Lessor from all liability by reason of any injury, loss and/or damage to any person or property in the space which may arise from or be due to the use, misuse or abuse of the elevators, if any, hatches, openings, stairways, hallways, that may be (or have been) constructed in the building or from any kind of injury, loss and/or damage, which may arise from any other cause on the premises or in the building, unless directly attributable to Lessor's negligence. 23. CONDEMNATION - In the event that th& space or any part thereof is taken or condemned for a public or quasi-public use, this lease shall, as to the part so taken, terminate as of the date on which the actual physical taking of possession pursuant to tho exercise of said power of eminent domain, or private purchase in lieu thereof, occurs, or the date of settlement or compromise of the claims of the parties thereto during the pending of the exercise of said power, whichever shall first occur, and the property is deemed CONDEMNED on said date and RENT shall abate in proportion 7 to the square feet of lease space taken or condemned or shall cease if the entire space. If notice of condemnation of all or part of premises is received by Lessee and such condemnation will effectively prevent the Lessee from conducting her business, Lessee may terminate said Leaso upon 30 days notice at any time prior to any actual physical taking of the leased premises. 24. SUBORDINATION ASSIGNMENT BY LESSOR - Subordinary or superiority, The rights and interest of Lessee under this lease shall bo subject and subordinate to any and all mortgages that may be placed upon the space and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof and/or any new mortgages or judgments voluntarily entered by the Lessor. Lessor may assign its interest in this lease or any part thereof, and such Assignee shall thereupon be deemed Lessor hereunder. 25. ACCEPTANCE BY LESSEE - Lessee warrants that he has inspected the premises, plans and specifications and has found them suitable for his intended purpooes and is not relying on any representations made by Lessor other than as set forth in this lease agreement. 26. WAIVER - The failure of either party to insist upon strict enforcement of any provisions of this Agreement shall not constitute a waiver of the right of enforcement of that provision or of any other provisions. 27. GENDER - The singular shall mean the plural and the plural shall mean the singular. The masculine shall mean the feminine and/or the neuter, and the feminine shall mean the masculine and/or the neuter, whenever the context of this Agreement so requires. 28. DESCRIPTIVE HEADINGS - The descriptive headings used herein are for convenience only and they are not intended to indicate all of the matter in the sections which follow them, Accordingly, they have no effect whatsoever in determining the rights or obligations of the part es. IN WITNESS WHEREOF, the Parties intending to be legally bound have executed this lease the day and year first above w~ tten. WITNESS I tb---- JZ:J J~ Maurice Arena . ~.e &'l~<L-'- Salvatore Arena 8 (I ~ ~t:wFL.Q:l{lJ~4 <-C:;Il~ ~ ) (:l-) e.e. f1,-M.C \,l....U.lo ( Ye /I ,,' I)' l~l ?eft.A-t-G" celllN~ L'P'-rpk) (~) 19 ((.c.h. c..,....( /"'''~llN'i I rl I.' \<. l "fl.l fu.J I <f--..l(J (S) ~~ 9~ [).o:>o12. f, 1lJ OfI\N(.G ~(l.{I&);o - oJ, ) (.o~ fLu-IF 'We! . ~~Dl2.. ilqVo I/'l\'nC>l!a \, '" ". ~\ ", .,.-, . . \ . '" , '" ' " , '- .. ....' () (~ ., ,'. ' " ,.., ~'" ", .'....... . ~. ,,'.-.-.'- ....... "' ' ~.- r;;,. ,\. fJi;I' ~{. ."'. +\",. " ~ ~ GJ ~ I Sib -----. - j ~ ()' , <;lL.....--- 18' -- ..." ~ 15~~ ~9' FI I l COWI[t'l1. Sc."rJ ;1.~ ;'"oal1~ y",'N 6,. 2 "\ TP.~ (.C': c;.6,"'N~ r , Q ,CD , ,\ ,~ 1 !.. 3' .2-~f. ::,. P.:>A-LTlMllIE .f ; i I I, I , ' I 1 j <j 'I :',11 'j { i ,t I u+ " t I '11 .f' ' ! .;.1 .:J ' J ,1'1 ' i I ! II J ft. . ~ I I i 1'1 ! " " I " "1 ! I I . t i J I I . I " ......' , . . - DUSAN BRATIC and JOHN T KOCHER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. NO. SALVATORE ARENA and GIOVANI ARENA, AIKIA MAURICE ARENA Defendants CIVIL ACTION LAW AFFIDAVIT OF NON-MILITARY SERVICE I HEREBY CERTIFY that I have no information as to whether Salvatore Arena and Giovani Arena are in the military service of the United States of America or elsewhere. I VERIFY that the statements made in this Affidavit are true and correct. I understand that false sta ements herein are made sUbject. to the penalties of 18 Pa.c.s. S ction 4904, relating to unsworn falsification to authorities. DATE: I.Y8h~ , Dusan Bratic Attorney for Plaintiffs I ,. . I,", . A SALVATORE ARENA and GlOVANl ARENA, a/k/a MAURICE ARENA, Demandado Por este medio sea avisado que en el dia de January de 1996, un fa1lo por admision fue regiatrado contra usted por 1a cantidad de $37,050.00 del caso antes escrito. Fecha: el dia January de , 1996. Prothonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TlENCE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFlCINA CUYA DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE 4TH FLOOR, 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 Dusan Bratic Abogado (s) Demandante(s)