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SIRLIN LESSER & BENSON PC L“
By Peter A Lesser, Esquire/Dana S Plon
Identification Nos 59433/80361 $922 APR 25 {114H 26
123 S Broad Street Suite 2100
Philadelphia PA 19109 ‘L E OF
<215> 864 970
0 A#?§?X?fe&?hfi
‘ i tlfi
TRAPPE CENTER LP By Its General Partner COURT OF COMMON PLEAS
Trappe Center GP Inc DELAWARE COUNTY
309 Lancaster Avenue, Suite C3
Malvem PA 19355
NO 00 01133 00 ‘97 00‘
RAFFI FARRAJ
26 Rose Tree Village
Media PA 19063
and
MADELEINE FARRAJ
26 Rose Tree Village
Media PA 19063
COMPLAINT
CONFESSION OF JUDGMENT
PURSUANT TO WARRANT OF ATTORNEY
COUNT I
Breach of Contract
Plaintiff, through its attorneys, Sirlin Lesser & Benson, P C, sets forth the followmg
cause of action pursuant to the Warrant of Attorney set forth in the Suretyship Agreement dated
Apri126 2019
1 Plaintiff TRAPPE CENTER LP is a Pennsylvania Limited Partnership By Its
General Partner, Trappe Center GP Inc and is sometimes referred to herein as either Plamtiff or
Landlord Its business address is 309 Lancaster Avenue, Suite C3, Malvern, PA 19355 Plaintiff
is the owner of real property known as the Trappe Center located at 130 West Main Street, Trappe
(Montgomery County), Pennsylvania, PA 19426
W W 5L
a 1 W
OF DELAWARE COUNTY J
IN THE COURT OF COMMON PLEAS
PENNSYLVANIA
CIVIL ACTION LAW
(RULE OF CIVIL PROCEDURE NO 236 REVISED)
By Its General Partne r COURT OF COMMON
TRAPPE CENTER LP
PLEAS
Trappe Center GP Inc DELAWARE COUNTY
309 Lancaster Avenue, Suite C3
Malvern PA 19355
v NO
RAFFI FARRAJ
26 Rose Tree Village
Media PA 19063
and
MADELEINE FARRAJ
26 Rose Tree Vlllage
Media PA 19063 and
T0
RAFFI FARRAJ
26 Rpse Tree Village
Media PA 19063
and
MADELEINE FARRAJ
26 Rose Tree Village
Media, PA 19063 and
captioned matter has
Notice is given that Judgment BY CONFESSION in the above
been entered against you on
OFFICE OF JUDICIAL SUPPORT
t
If you have any questions concerning the above, please contac
Pm 5 W49»
DANA S PLON ESQUIRE
Identification No 80361
Attorney for Plainti ff
SIRLIN LESSER & BENSON PC
123 South Broad Street
Su1te 2100
Ph11adelph1a PA 19109
(215) 864 9700
DANA b PLON beUlKh
Attorney for Defendants
2 Defendant RAFFI FARRAJ, is an adult indiv1dual, and is sometimes hereinafter
referred to as either “Defendant’ or “Surety” The re51dence address of Defendant is 26 Rose Tree
Village Media PA 19063
3 Defendant MADELEINE FARRAJ, is an adult individual, and is sometimes
hereinafter referred to as either “Defendant” or “Surety” The residence address of Defendant is
26 Rose Tree Village Media PA 19063
4 On or about April 26 2019 Landlord and the entity known as VEGAS VAPES 3
LLC, a Pennsylvania limited liability company, t/a Vegas Vapes (hereinafter Tenant) entered
into a Lease and certain Exhibits thereto and Confirmation of Terms Agreement (hereinafter “the
Lease”) for the rental of approximately 1,500 rentable square feet of commercial space at the
shopping center known as Trappe Center, 130 West Main Street, Trappe (Montgomery County),
Pennsylvania, PA 19426 and whlch is designated as Store 122 The term of the Lease is for a
five (5) year period and will terminate on or about July 31, 2024 A true and accurate copy of
said Lease is attached hereto, made a part hereof and marked as Exhibit “A ’
5 Concurrently with the execution of said Lease on or about April 26, 2019, a
Suretyship Agreement was executed by Defendants/Sureties RAFFI FARRAJ and MADELEINE
e
FARRAJ, whereby inter alia, they agreed to become surety for the prompt and faithful performanc
and all the terms, covenants and conditions thereof, including, but not
by Tenant under the Lease
as
limited to, the payment by Tenant of the rental and all other sums to become due thereunder, and
more spe01fically set forth in said Suretyship Agreement A true and accurate copy of said Suretysh1p
Agreement 1s attached hereto, made a part hereof and marked as Exhibit "B"
6 Pursuant to the Lease, Tenant is responsible for the payment of base monthly rent in
e
the amount of $2,5 62 50 and certain add1tional rent, consisting of common area maintenanc
charges ($594 00) for a total of $3,160 50/month1y Said rental escalates in the remaining years of
the Lease as set forth therein
7 Pursuant to the provisions of Section 408 of the Lease, Tenant is responsible for the
payment of a late charge of 10% of the amount unpaid m the event that any item of rent or
additional rent remains unpaid for ten days
8 Events of Default have occurred pursuant to the Lease which are both monetary
and nonmonetary in nature, as follows
(a) An Event of Default has occurred under Section 2601(a) of the Lease as a
result of Tenant’s failure to pay in full within seven (7) days of the due date rent and additional
rent to be paid by Tenant The default is ongoing Tenant has contmually failed to pay base
monthly rent and additional rent on a timely basis Despite demand, as of April 1, 2022, the
amount of $12,961 64 remains unpaid A true and accurate copy of the Tenant Ledger is attached
hereto, made a part hereof and marked as Exh1bit“C”
(b) An Event of Default has occurred under Section 2601(b) of the Lease as a
and vacating
result of Tenant’s failure to continuously operate its bus1ness at the leased premises
the
and abandoning the premises and ceasing all business operations pnor to the expiration of
lease term on July 31, 2024 in Violation of Section 202 (a) and (b) of the Lease
9 Pursuant to the provisions of the Suretyship Agreement, Defendants/Sureties,
are responsible With Tenant VEGAS VAPES 3
RAFFI FARRAJ and MADELEINE FARRAJ
and the
LLC, for the payment of rent and additional rent and are in default of the Lease
Suretyship Agreement
Due to the repeated failuie to pay rent and additional rent on a timely basis, a
10
Notice of Default and Lease Acceleration was issued to Tenant and to Sureties on March 24,
2022 A true and accurate copy of the notice required by Section 2701 (a) of the Lease issued to
Tenant and to Sureties is attached hereto, made a part hereof and marked as Exhibit “D”
11 Despite demand, Tenant and Sureties have failed and refused and continue to
refuse to cure the monetary default, and to recommence business operations as is required by the
Lease
12 In the event of default, Section 2705 of the Lease prov1des that Plaintiff may enter
Judgment by Confession for money damages, including all accelerations of rent
13 An Averment of Default is attached hereto
14 A true and correct copy of the Suretyship Agreement under Which Plaintiff is
confessing Judgment is attached hereto and marked Exhibit "B"
15 The Suretyship Agreement under which Plaintiff is confessing Judgment has not
been assigned
16 Judgment is demanded as authorized by the Warrant of Attorney set forth in the
Suretyshlp Agreement which is attached as Exhiblt “B”
17 Judgment on this instrument has not been entered against Defendant in any
jurisdiction for the unpaid sum of $12,961 64 or attorneys’ commission of $5,000 00
18 Judgment is demanded for $ 17,961 64 representlng unpaid base rent and additional
rent as of April 1, 2022 in the amount of $12,961 64 plus an attorneys’ commission of $5,000 00
as authorized by the Warrant of Attorney contained 1n Exhiblt "B"
19 The Warrant of Attorney appearing in the attached Suretyship Agreement is less
than twenty (20) years old
20 The Judgment being sought herein is not being entered against a natural person in
connection with a consumer credit transaction
WHEREFORE, Plaintiff demands Judgment in its favor and against Defendants, RAFFI
FARRAJ and MADELEINE FARRAJ jointly and severally as authorized by the Warrant of
Attorney appearlng 1n the Suretyship Agreement attached as Exhibit B in the amount of
$17,961 64, plus interest, costs and ongoing attorneys’ fees
COUNT H
Accelerated Rent
21 Plaintiff incorporates by reference the allegations contamed in Paragraphs 1 through
20 above, as though fully set forth herein at length
22 Phrsuant to the provis1ons of Section 2701 (a) of the Lease, Landlord, upon
written notice, may seek the whole rent for the balance of the term of the Lease for the period
commencing May 1,2022 through the remainder of the lease term on July 31, 2024 in the
amount of $78,696 00 as set forth on the attached Ledger (Exhlbit C), which amount has been
computed in accordance with the lease terms
23, Accordingly, judgment is demanded in the amount of $78,696 00, representing
accelerated base monthly rent and addltional rent for the period commencmg May 1, 2022 through
the remainder of the lease term on July 31, 2024 in the amount of $78,696 00 As authorized by
the Warrant of Attorney contained 111 the Suretyship Agreement attached as Exhibit B, Landlord is
seeking an attorneys' commiss1on of $5,000 00 as set forth in CountI
24 A true and accurate copy of the notice required by Section 2701 (a) of the Lease,
dated March 24, 2022 lssued to Tenant and to Sureties 1s attached hereto, made a part hereof and
marked as Exhibit “D”
WHEREFORE, Plamtiff demands judgment 1n its favor and against Defendants RAFFI
FARRAJ and MADELEINE FARRAJ jointly and severally as authonzed by the Warrant of
set forth in
Attorney appearmg 1n the Suretyship Agreement in the total sum of $96,657 64 (as
Counts I and II of the Complamt) as authorized by the Warrants appearing in the attached
Suretyship Agreement together with interest from the date ofjudgment and costs and ongoing
attomeys’ fees
MM_—
DANA S PLON ESQUIRE
Attorney for Plaintiff
Dated 4/7/22
AFFIDAVIT/VERIFICATION
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CHESTER
ARNOLD F ANDERSEN, being duly sworn accordmg to law, deposes and says that he
is the President of Trappe Center GP Inc General Partner of Plalntiff TRAPPE CENTER LP
that he is authorlzed to make this Affidavit on behalf of Plaintiff and hereby verifies that the facts
set forth 1n the foregomg Complaint m Confession of Judgment are true and correct to the best of
his knowledge, information and behef Affiant understands that the statements 1n the foregomg
Complaint in Confessmn of Judgment are made subject to the penalties of 18 Pa CSA Section
4904 relatmg to unswom fals1ficati0n to authorities The Exhibits attached to the Complaint are
true and correct copies of the Suretyship Agreement dated April 26, 2019, Lease dated April 26
2019, Confirmation of Terms Agreement and Exhiblts thereto and all related documents
TRAPPE CENTER LP
By Trappe Center GP Inc Its General Partner
Elm
ARNOLD ANDERSEN
T1t1e President
Sworn to and Subscribed
before me this 7%day
of M , 2022
W W
Notary Public
c
Chester County
MY Commission Expires Dec 18, 2023
Commisosin Number 1238732
AVERMENT OF DEFAULT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CHESTER SS
ARNOLD F ANDERSEN, being duly sworn according to law, deposes and says that he
is the President of Trappe Center GP Inc General Partner of Plaintiff TRAPPE CENTER LP
and that he is authorized to make this Affidavit on behalf of Plamtiff, as follows
On or about April 26 2019 Landlord and the entity known as VEGAS VAPES 3 LLC a
Pennsylvania 1im1ted 1iabi11ty company, t/a Vegas Vapes (hereinafter Tenant) entered 1nto a
Lease ahd certain Exhibits thereto and Confumation of Terms Agreement (hereinafter “the
Lease”) for the rental of approximately 1,500 rentable square feet of commercial space at the
shopping center known as Trappe Center, 130 West Mam Street, Trappe (Montgomery County),
Pennsylvania, PA 19426 and Which is de51gnated as Store 122 The term of the Lease is for a
five (5) year period and w111term1nate on or about Ju1y 31, 2024
Concurrently with the execution of said Lease on or about April 26, 2019, a Suretyship
Agreement was executed by Defendants/Sureties RAFFI FARRAJ and MADELEINE FARRAJ
whereby inter alia, they agreed to become surety for the prompt and fa1thful performance by Tenant
under the Lease and all the terms, covenants and cond1t10ns thereof, mcludmg, but not limited to,
the payment by Tenant of the rental and all other sums to become due thereunder, and as more
spe01fica11y set forth in said Suretyship Agreement
Pursuant to the Lease, Tenant is responsible for the payment of base monthly rent in the
amount of $2,562 50 and certain additional rent, cons1sting of common area maintenance charges
($5 94 00) for a total of $3 160 50/monthly Said rental escalates 1n the remaining years of the Lease
as set forth therem
Pursuant to the provisions of Section 408 of the Lease, Tenant is responsible for the
payment of a late charge of 10% of the amount unpaid in the event that any item of rent or
additional rent remains unpaid for ten days
Events of Default have occurred pursuant to the Lease Which are both monetary and
nonmonetary 1n nature, as follows
(a) An Event of Default has occurred under Section 2601(a) 0f the Lease as a
result of Tenant’s failure to pay in full w1thin seven (7) days of the due date rent and additional
rent to be pa1d by Tenant The default is ongomg Tenant has continually failed to pay base
monthly rent and add1t10na1 rent on a timely basis Despite demand, as of April 1, 2022, the
amount of $12 961 64 remains unpald
(b) An Event of Default has occurred under Section 2601(b) of the Lease as a
result of Tenant’s fallure to continuously operate 1ts business at the leased premises and vacating
and abandoning the premises and ceasing a11bus1ness operations prior to the explration of the
lease term on July 31, 2024 in Violatlon of Section 202 (a) and Cb) of the Lease
Pursuant to the provisions of the Suretyship Agreement, Defendants/Sureties, RAFFI
FARRAJ and MADELEDIE FARRAJ are responsible With Tenant VEGAS VAPES 3 LLC for
the payment of rent and additional rent and are in default of the Lease and the Suretyship
Agreement
Due to the repeated failure to pay rent and additional rent on a timely b21313, a Notice of
Default and Lease Acceleration was issued to Tenant and to Suret1es on March 24, 2022
Despite demand, Tenant and Suretles have faded and refused and continue to refuse to
cure the monetary default, and to recommence busmess operations as is requlred by the Lease
In the event of default, Sect1on 2705 of the Lease provides that Plaintiff may enter
Judgment by Confession for money damages, including all accelerations of rent
Landlord is seeking Judgment for $17,961 64 representing unpa1d base rent and additional
rent as of April 1, 2022 m the amount of $12 961 64 plus an attorneys comm1ssion of $5,000 00
as authorized by the Warrant of Attorney contained in Exhiblt "B"
Pursuant to the provisions of Section 2701 (a) of the Lease, Landlord, upon written
notice, may seek the whole rent for the balance of the term of the Lease for the period
commencing May 1, 2022 through the remainder of the lease term on July 31, 2024 in the
amount of $78,696 00 as set forth on the attached Ledger (Exhibit C), which amount has been
computed in accordance with the lease terms
Accordingly, Landlord is seeking judgment in the amount of $78,696 00, representing
accelerated base monthly rent and additional rent for the period commencmg May 1, 2022 through
the remamder of the lease term on July 31, 2024 in the amount of $78,696 00 In add1t10n, as
authorized by the Warrant of Attorney contained 1n the Suretyship Agreement Landlord IS seekmg
an attorneys' commiSSIOn of $5,000 00 as set forth in Count I of the Complaint 1n Confession of
Judgment
A true and accurate copy of the notice required by Sectlon 2701 (a) of the Lease, dated
March 24, 2022 issued to Tenant and to Sureties is attached hereto, made a part hereof and marked
as Exhib1t “D”
Landlord is seeking judgment in its favor and against Defendants, RAFFI FARRAJ and
MADELEINE FARRAJ jointly and severally as authorized by the Warrant of Attorney appealing
1n the Suretyship Agreement 1n the total sum of $96 657 64 (as set forth in Counts I and II of the
Complaint 1n Confession of Judgment) as authorized by the Warrants appearing 1n the attached
Suretyship Agreement together With interest from the date ofjudgment and costs and ongomg
attorneys’ fees
TRAPPE CENTER LP
By Trappe Center GP Inc , Its General Partner
ByW. ARNOLD F ANDERSEN
T1tle President
Sworn to and Subscnbed
before me s 7”“ day
of m 2022
Notary Public
VICTORIA MILLERNotary Public
Chester County
My Commission Expires Dec 18
2023
Commission Number 1238732
CERTIFICATION OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CHESTER
ARNOLD F ANDERSEN, being duly sworn according to law, deposes and says that he
is the Pres1dent of Trappe Center GP Inc General Partner of Plaintiff TRAPPE CENTER LP'
and that he is authorized to make this Affidavit on behalf of Plaintiff, as follows
Affiant certifies that the residence address of Defendant, RAFFI FARRAJ is 26 Rose
Tree Village, Media, PA 19063; the res1dence address of Defendant, MADELEINE FARRAJ 1s
26 Rose Tree Vlllage, Media, PA 19063; and the business address of judgment creditor Plaintiff
IS 309 Lancaster Avenue, Sulte C3, Malvern, PA 19355
TRAPPE CENTER LP
By Trappe Center GP Inc , Its General Partner
Byw—
ARNOLD F ANDERSEN
Title President
Sworn to and Sub’sgmed
before me this 7 day
of M 2022
K ‘ ¢
WW
Notary Public
Notary 593‘
Commonwealth of Pennsylvania
VlCTORlA MILLERNotary Public
Chester County
Commission Number 1238732
AFFIDAVIT OF INCOME
COMMONWEALTH OF PENNSYLVANM
SS
COUNTY OF CHESTER
ARNOLD F ANDERSEN, being duly sworn according to law, deposes and says that he
is the President of Trappe Center GP Inc General Partner of Plaintiff TRAPPE CENTER LP
and that he is authorized to make this Affidav1t on behalf of Plaintiff; and that the mcome of
Defendant RAFFI FARRAJ is m excess of $10 000 00 per year
Affiant cert1fies that the res1dence address of Defendant, RAFFI FARRAJ is 26 Rose
Tree V111age, Medla, PA 19063; and the busmess address of judgment creditor Plamtiff is 309
Lancaster Avenue, Suite C3, Malvern, PA 19355
TRAPPE CENTER LP
By Trappe Center GP Inc Its General Partner
By %
ARNOLD F ANDERSEN
Title President
Sworn to and Subscribed
before me this 7% day
of #51 Z , 2022
MW
Notary Public
VECTORIA MILLERNotary Public
Chester County
My Commission Expires Dec 18, 2023
Commission Number 1238732
AFFIDAVIT OF INCOME
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CHESTER
ARNOLD F ANDERSEN, being duly sworn according to law, deposes and says that he
is the President of Trappe Center GP Inc General Partner of Plaintiff TRAPPE CENTER LP
and that he is authorlzed to make this Affidavit on behalf of Plaintiff, and that the mcome of
Defendant MADELEINE FARRAJ is m excess of $10 000 00 per year
Affiant certifies that the residence address of Defendant, MADELEINE FARRAJ IS 26
Rose Tree V111age, Med1a, PA 19063; and the business address of judgment credltor Plaintiff ls
309 Lancaster Avenue, Suite C3 Malvern, PA 19355
TRAPPE CENTER LP
By Tra 0 Center GP Inc , Its General Partner
ARNOLD F ANDERSEN
Title President
Sworn to and Subféz’ribed
before me this 7 day
of 11M 2022
WW
Notary Pubhc
VICTORIA MILLERNotary Public
Chester County
My Commission Expires Dec 18
2023
Commission Number 1238732
AFFIDAVIT OF NONMILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CHESTER
ARNOLD F ANDERSEN, being duly sworn according to law deposes and says that he
is the Pr631dent of Trappe Center GP Inc General Partner of Plaintiff TRAPPE CENTER, LP
and that he is authorized to make this Affidavit on behalf of Plaintiff; and that the re51dence
address of address of Defendant MADELEINE FARRAJ is 26 Rose Tree Village Media, PA
19063; and that he beheves and therefore avers that Defendant, MADELEINE FARRAJ is not in
the military Service of the United States, nor any State or Territory thereof or 1ts a111es as defined
1n the Soldiers' and Sailors' Civ11 Relief Act of 1940 and the amendments thereto
Affiant certifies that the residence address of Defendant, MADELEINE FARRAJ is 26
Rose Tree V111age, Media, PA 19063; and the business address of judgment cred1tor Plaintiff is
309 Lancaster Avenue, Su1te C3, Malvern, PA 19355
TRAPPE CENTER LP
By Trappe Center GP Inc , Its General Partner
By %
ARNOLD F ANDERSEN
Title President
Sworn to and Subscribed
before me this 7%day
of %é& , 2022
WW
Notary Public
VICTORIA MILLERNotary Public
Chester County
My Commission Expires Dec 18, 2023
Commission Number 1238732
AFFIDAVIT OF NONMJLITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CHESTER
ARNOLD F ANDERSEN, being duly sworn according to law, deposes and says that he
is the President 6f Trappe Center GP Inc General Partner of P1a1nt1ff TRAPPE CENTER LP
and that he 1s authorized to make this Affidav1t on behalf of Plaintiff; and that the residence
address of address of Defendant RAFFI FARRAJ is 26 Rose Tree V111age Media PA 19063
and that he believes and therefore avers that Defendant, RAFFI FARRAJ IS not in the mlhtary
Service of the United States, nor any State or Terrltory thereof or 1ts allies as defined 1n the
Soldiers' and Sailors' C1vi1 Rehef Act of 1940 and the amendments thereto
Affiant certifies that the re31dence address of Defendant, RAFFI FARRAJ IS 26 Rose
Tree Village, Media, PA 19063; and the busmess address of judgment creditor Plaintiff IS 309
Lancaster Avenue, Sulte C3, Malvem, PA 19355
TRAPPE CENTER LP
By Trappe Center GP Inc Its General Partner
ARNOLD F ANDERSEN
Title President
Sworn to and Subscnbed
before me this 7%”day
of {#54 1 2022
Notary Public
VICTORIA MILLERNotary Public
Chester County
My Commission Expires Dec 18, 2023
Commission Number 1238732
AFFIDAVIT OF BUSINESS TRANSACTION
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CHESTER
ARNOLD F ANDERSEN, being duly sworn accordmg to law, deposes and says that he
is the Pres1dent of Trappe Center GP Inc General Partner of Plaintlff TRAPPE CENTER LP
that he is authorized to make this Affidav1t on behalf of Plamtiff; and that the transactlon upon
which the Judgment IS bemg entered was a busmess transactlon
TRAPPE CENTER LP
By Trappe Center GP Inc , Its General Partner
ByM ARNOLD F ANDERSEN
T1tle Premdent
Sworn to and Subscrlbed
before me this 7"” day
of fin Z , 2022
WW
Notary Public
Notary Public
VICTORIA MILLER
Chester County
2023
My Commission Expires Dec 18
Commission Number 1238732
RETAIL INSTALLMENT AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CHESTER
ARNOLD F ANDERSEN, bemg duly sworn according to law, deposes and says that he
IS the Pr651dent of Trappe Center GP Inc General Partner of Plaintlff TRAPPE CENTER LP
that he is authorized to make this Affidav1t on behalf of Plaintiff; and hereby states that the
agreement at 1ssue is not a retail sales agreement or contract
TRAPPE CENTER LP
By Trap 6 Ce- GP Inc/Its General Partner
B(If- ARNOLD
/
ANDERSEN
Title President
Sworn to and Subscribed
before me this 7 A day
of gal 2022
2W W
Notary Public
VICTORIA MILLERNotary Public
Chester County
My Commission Expires Dec 18
2023
Commission Number 1238732
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CHESTER
ARNOLD F ANDERSEN, being duly sworn according to law, deposes and says that he
is the President of Trappe Center GP Inc General Partner of Plamtiff TRAPPE CENTER LP
that he is authonzed to make this Affidavit on behalf of Plaintiff; and that the Judgment bemg
sought herem is not bemg entered against a natural person 1n connection Iwith a consumer credit
transaction
TRAPPE CENTER, LP
By Trappe Cente GP Inc , Its General Partner
By @—
ARNOLD DERSEN
Title President
Sworn to and Subscribed
before me this May
of M , 2022
W W
Notary Public
EXHIBIT A
E
!
E
E
I
i
LEASE ‘
between :
TRAPPE CENTER LP '
Landlord E
and E
VEGAS VAPES 3 LLC E
Tenant E
£01 Suite # 122 in E
TRAPPE CENTER E
Shopping Center E
E
(Vegas Vapcs Trappe)
INDENTURE OF LEASE
Landlord he1eby leases to Tenant and Tenant heleby rents from Land101d the store plemises -
(the "pIemises," "leased plemises” o1 "demised p1emises") he1einafter described, on the following :
terms and conditions '
1 Definitions :
(a) Landlo1d s Name TRAPPE CENTER LP
(b) L an d1 01 d
s Add 1633 1055W est 1ka es D r1ve, S u1te170 , B erwyn PA19312 i
Address for Payment of Rent 1055 Westlakes Drive, Suite 170, Berwyn, PA 19312 .
( c) Tenant 3 Name VEGAS VAPES 3 LLC
BIN
1
(d) Tenant’s Add1ess 26 Rose T166 Village 1
Media PA 19063
e T enant s B 1 11 mg Address, 1 f d 1 ff61th 1
1
(1) Shopping Center Name TRAPPE CENTER ,
(g) Shopping Cente1 Add1ess 130 W Main Street, Trappe Borough, Montgomery 1
County, Pennsylvania ‘
‘ 2 Summary of Basic Terms
(a) Leased P1emises Store Number Suite 122
b Tenant’s T1ade Name (see Section 201 Vegas VaP es
g (0) Use of Premises (see Section 201) Retail vape st01e offeling ejuices, nic salts, cannibidiol
% (CED) products and vape IeIated ha1dwa1e and merchandise Tenant sha11be p1 ohibited fiom
g selling cigals, ciga1ettes or tobacco ploducts, as well as malijuana 01 any othe1 products containing
f1. tetrahy dlocannibidiol (THC) in any form unless such THC is plesent only in cannibidiol ploducts in
E mace amounts
1 ((1) Exclusive Use P1ovided Tenant is open and ope1ating for business and not in default
1 under the Lease, Landlord shall not enter into any futule lease in the Shopping Cente1 for the
{ p1ima1y pu1pose of a ‘ Vape Shop”
I
1;
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a F f a {r:-m SIRLIN LESSER & BENSON PC L“ By Peter A Lesser, Esquire/Dana S Plon Identification Nos 59433/80361 $922 APR 25 {114H 26 123 S Broad Street Suite 2100 Philadelphia PA 19109 ‘L E OF <215> 864 970 0 A#?§?X?fe&?hfi ‘ i tlfi TRAPPE CENTER LP By Its General Partner COURT OF COMMON PLEAS Trappe Center GP Inc DELAWARE COUNTY 309 Lancaster Avenue, Suite C3 Malvem PA 19355 NO 00 01133 00 ‘97 00‘ RAFFI FARRAJ 26 Rose Tree Village Media PA 19063 and MADELEINE FARRAJ 26 Rose Tree Village Media PA 19063 COMPLAINT CONFESSION OF JUDGMENT PURSUANT TO WARRANT OF ATTORNEY COUNT I Breach of Contract Plaintiff, through its attorneys, Sirlin Lesser & Benson, P C, sets forth the followmg cause of action pursuant to the Warrant of Attorney set forth in the Suretyship Agreement dated Apri126 2019 1 Plaintiff TRAPPE CENTER LP is a Pennsylvania Limited Partnership By Its General Partner, Trappe Center GP Inc and is sometimes referred to herein as either Plamtiff or Landlord Its business address is 309 Lancaster Avenue, Suite C3, Malvern, PA 19355 Plaintiff is the owner of real property known as the Trappe Center located at 130 West Main Street, Trappe (Montgomery County), Pennsylvania, PA 19426 W W 5L a 1 W OF DELAWARE COUNTY J IN THE COURT OF COMMON PLEAS PENNSYLVANIA CIVIL ACTION LAW (RULE OF CIVIL PROCEDURE NO 236 REVISED) By Its General Partne r COURT OF COMMON TRAPPE CENTER LP PLEAS Trappe Center GP Inc DELAWARE COUNTY 309 Lancaster Avenue, Suite C3 Malvern PA 19355 v NO RAFFI FARRAJ 26 Rose Tree Village Media PA 19063 and MADELEINE FARRAJ 26 Rose Tree Vlllage Media PA 19063 and T0 RAFFI FARRAJ 26 Rpse Tree Village Media PA 19063 and MADELEINE FARRAJ 26 Rose Tree Village Media, PA 19063 and captioned matter has Notice is given that Judgment BY CONFESSION in the above been entered against you on OFFICE OF JUDICIAL SUPPORT t If you have any questions concerning the above, please contac Pm 5 W49» DANA S PLON ESQUIRE Identification No 80361 Attorney for Plainti ff SIRLIN LESSER & BENSON PC 123 South Broad Street Su1te 2100 Ph11adelph1a PA 19109 (215) 864 9700 DANA b PLON beUlKh Attorney for Defendants 2 Defendant RAFFI FARRAJ, is an adult indiv1dual, and is sometimes hereinafter referred to as either “Defendant’ or “Surety” The re51dence address of Defendant is 26 Rose Tree Village Media PA 19063 3 Defendant MADELEINE FARRAJ, is an adult individual, and is sometimes hereinafter referred to as either “Defendant” or “Surety” The residence address of Defendant is 26 Rose Tree Village Media PA 19063 4 On or about April 26 2019 Landlord and the entity known as VEGAS VAPES 3 LLC, a Pennsylvania limited liability company, t/a Vegas Vapes (hereinafter Tenant) entered into a Lease and certain Exhibits thereto and Confirmation of Terms Agreement (hereinafter “the Lease”) for the rental of approximately 1,500 rentable square feet of commercial space at the shopping center known as Trappe Center, 130 West Main Street, Trappe (Montgomery County), Pennsylvania, PA 19426 and whlch is designated as Store 122 The term of the Lease is for a five (5) year period and will terminate on or about July 31, 2024 A true and accurate copy of said Lease is attached hereto, made a part hereof and marked as Exhibit “A ’ 5 Concurrently with the execution of said Lease on or about April 26, 2019, a Suretyship Agreement was executed by Defendants/Sureties RAFFI FARRAJ and MADELEINE e FARRAJ, whereby inter alia, they agreed to become surety for the prompt and faithful performanc and all the terms, covenants and conditions thereof, including, but not by Tenant under the Lease as limited to, the payment by Tenant of the rental and all other sums to become due thereunder, and more spe01fically set forth in said Suretyship Agreement A true and accurate copy of said Suretysh1p Agreement 1s attached hereto, made a part hereof and marked as Exhibit "B" 6 Pursuant to the Lease, Tenant is responsible for the payment of base monthly rent in e the amount of $2,5 62 50 and certain add1tional rent, consisting of common area maintenanc charges ($594 00) for a total of $3,160 50/month1y Said rental escalates in the remaining years of the Lease as set forth therein 7 Pursuant to the provisions of Section 408 of the Lease, Tenant is responsible for the payment of a late charge of 10% of the amount unpaid m the event that any item of rent or additional rent remains unpaid for ten days 8 Events of Default have occurred pursuant to the Lease which are both monetary and nonmonetary in nature, as follows (a) An Event of Default has occurred under Section 2601(a) of the Lease as a result of Tenant’s failure to pay in full within seven (7) days of the due date rent and additional rent to be paid by Tenant The default is ongoing Tenant has contmually failed to pay base monthly rent and additional rent on a timely basis Despite demand, as of April 1, 2022, the amount of $12,961 64 remains unpaid A true and accurate copy of the Tenant Ledger is attached hereto, made a part hereof and marked as Exh1bit“C” (b) An Event of Default has occurred under Section 2601(b) of the Lease as a and vacating result of Tenant’s failure to continuously operate its bus1ness at the leased premises the and abandoning the premises and ceasing all business operations pnor to the expiration of lease term on July 31, 2024 in Violation of Section 202 (a) and (b) of the Lease 9 Pursuant to the provisions of the Suretyship Agreement, Defendants/Sureties, are responsible With Tenant VEGAS VAPES 3 RAFFI FARRAJ and MADELEINE FARRAJ and the LLC, for the payment of rent and additional rent and are in default of the Lease Suretyship Agreement Due to the repeated failuie to pay rent and additional rent on a timely basis, a 10 Notice of Default and Lease Acceleration was issued to Tenant and to Sureties on March 24, 2022 A true and accurate copy of the notice required by Section 2701 (a) of the Lease issued to Tenant and to Sureties is attached hereto, made a part hereof and marked as Exhibit “D” 11 Despite demand, Tenant and Sureties have failed and refused and continue to refuse to cure the monetary default, and to recommence business operations as is required by the Lease 12 In the event of default, Section 2705 of the Lease prov1des that Plaintiff may enter Judgment by Confession for money damages, including all accelerations of rent 13 An Averment of Default is attached hereto 14 A true and correct copy of the Suretyship Agreement under Which Plaintiff is confessing Judgment is attached hereto and marked Exhibit "B" 15 The Suretyship Agreement under which Plaintiff is confessing Judgment has not been assigned 16 Judgment is demanded as authorized by the Warrant of Attorney set forth in the Suretyshlp Agreement which is attached as Exhiblt “B” 17 Judgment on this instrument has not been entered against Defendant in any jurisdiction for the unpaid sum of $12,961 64 or attorneys’ commission of $5,000 00 18 Judgment is demanded for $ 17,961 64 representlng unpaid base rent and additional rent as of April 1, 2022 in the amount of $12,961 64 plus an attorneys’ commission of $5,000 00 as authorized by the Warrant of Attorney contained 1n Exhiblt "B" 19 The Warrant of Attorney appearing in the attached Suretyship Agreement is less than twenty (20) years old 20 The Judgment being sought herein is not being entered against a natural person in connection with a consumer credit transaction WHEREFORE, Plaintiff demands Judgment in its favor and against Defendants, RAFFI FARRAJ and MADELEINE FARRAJ jointly and severally as authorized by the Warrant of Attorney appearlng 1n the Suretyship Agreement attached as Exhibit B in the amount of $17,961 64, plus interest, costs and ongoing attorneys’ fees COUNT H Accelerated Rent 21 Plaintiff incorporates by reference the allegations contamed in Paragraphs 1 through 20 above, as though fully set forth herein at length 22 Phrsuant to the provis1ons of Section 2701 (a) of the Lease, Landlord, upon written notice, may seek the whole rent for the balance of the term of the Lease for the period commencing May 1,2022 through the remainder of the lease term on July 31, 2024 in the amount of $78,696 00 as set forth on the attached Ledger (Exhlbit C), which amount has been computed in accordance with the lease terms 23, Accordingly, judgment is demanded in the amount of $78,696 00, representing accelerated base monthly rent and addltional rent for the period commencmg May 1, 2022 through the remainder of the lease term on July 31, 2024 in the amount of $78,696 00 As authorized by the Warrant of Attorney contained 111 the Suretyship Agreement attached as Exhibit B, Landlord is seeking an attorneys' commiss1on of $5,000 00 as set forth in CountI 24 A true and accurate copy of the notice required by Section 2701 (a) of the Lease, dated March 24, 2022 lssued to Tenant and to Sureties 1s attached hereto, made a part hereof and marked as Exhibit “D” WHEREFORE, Plamtiff demands judgment 1n its favor and against Defendants RAFFI FARRAJ and MADELEINE FARRAJ jointly and severally as authonzed by the Warrant of set forth in Attorney appearmg 1n the Suretyship Agreement in the total sum of $96,657 64 (as Counts I and II of the Complamt) as authorized by the Warrants appearing in the attached Suretyship Agreement together with interest from the date ofjudgment and costs and ongoing attomeys’ fees MM_— DANA S PLON ESQUIRE Attorney for Plaintiff Dated 4/7/22 AFFIDAVIT/VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CHESTER ARNOLD F ANDERSEN, being duly sworn accordmg to law, deposes and says that he is the President of Trappe Center GP Inc General Partner of Plalntiff TRAPPE CENTER LP that he is authorlzed to make this Affidavit on behalf of Plaintiff and hereby verifies that the facts set forth 1n the foregomg Complaint m Confession of Judgment are true and correct to the best of his knowledge, information and behef Affiant understands that the statements 1n the foregomg Complaint in Confessmn of Judgment are made subject to the penalties of 18 Pa CSA Section 4904 relatmg to unswom fals1ficati0n to authorities The Exhibits attached to the Complaint are true and correct copies of the Suretyship Agreement dated April 26, 2019, Lease dated April 26 2019, Confirmation of Terms Agreement and Exhiblts thereto and all related documents TRAPPE CENTER LP By Trappe Center GP Inc Its General Partner Elm ARNOLD ANDERSEN T1t1e President Sworn to and Subscribed before me this 7%day of M , 2022 W W Notary Public c Chester County MY Commission Expires Dec 18, 2023 Commisosin Number 1238732 AVERMENT OF DEFAULT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CHESTER SS ARNOLD F ANDERSEN, being duly sworn according to law, deposes and says that he is the President of Trappe Center GP Inc General Partner of Plaintiff TRAPPE CENTER LP and that he is authorized to make this Affidavit on behalf of Plamtiff, as follows On or about April 26 2019 Landlord and the entity known as VEGAS VAPES 3 LLC a Pennsylvania 1im1ted 1iabi11ty company, t/a Vegas Vapes (hereinafter Tenant) entered 1nto a Lease ahd certain Exhibits thereto and Confumation of Terms Agreement (hereinafter “the Lease”) for the rental of approximately 1,500 rentable square feet of commercial space at the shopping center known as Trappe Center, 130 West Mam Street, Trappe (Montgomery County), Pennsylvania, PA 19426 and Which is de51gnated as Store 122 The term of the Lease is for a five (5) year period and w111term1nate on or about Ju1y 31, 2024 Concurrently with the execution of said Lease on or about April 26, 2019, a Suretyship Agreement was executed by Defendants/Sureties RAFFI FARRAJ and MADELEINE FARRAJ whereby inter alia, they agreed to become surety for the prompt and fa1thful performance by Tenant under the Lease and all the terms, covenants and cond1t10ns thereof, mcludmg, but not limited to, the payment by Tenant of the rental and all other sums to become due thereunder, and as more spe01fica11y set forth in said Suretyship Agreement Pursuant to the Lease, Tenant is responsible for the payment of base monthly rent in the amount of $2,562 50 and certain additional rent, cons1sting of common area maintenance charges ($5 94 00) for a total of $3 160 50/monthly Said rental escalates 1n the remaining years of the Lease as set forth therem Pursuant to the provisions of Section 408 of the Lease, Tenant is responsible for the payment of a late charge of 10% of the amount unpaid in the event that any item of rent or additional rent remains unpaid for ten days Events of Default have occurred pursuant to the Lease Which are both monetary and nonmonetary 1n nature, as follows (a) An Event of Default has occurred under Section 2601(a) 0f the Lease as a result of Tenant’s failure to pay in full w1thin seven (7) days of the due date rent and additional rent to be pa1d by Tenant The default is ongomg Tenant has continually failed to pay base monthly rent and add1t10na1 rent on a timely basis Despite demand, as of April 1, 2022, the amount of $12 961 64 remains unpald (b) An Event of Default has occurred under Section 2601(b) of the Lease as a result of Tenant’s fallure to continuously operate 1ts business at the leased premises and vacating and abandoning the premises and ceasing a11bus1ness operations prior to the explration of the lease term on July 31, 2024 in Violatlon of Section 202 (a) and Cb) of the Lease Pursuant to the provisions of the Suretyship Agreement, Defendants/Sureties, RAFFI FARRAJ and MADELEDIE FARRAJ are responsible With Tenant VEGAS VAPES 3 LLC for the payment of rent and additional rent and are in default of the Lease and the Suretyship Agreement Due to the repeated failure to pay rent and additional rent on a timely b21313, a Notice of Default and Lease Acceleration was issued to Tenant and to Suret1es on March 24, 2022 Despite demand, Tenant and Suretles have faded and refused and continue to refuse to cure the monetary default, and to recommence busmess operations as is requlred by the Lease In the event of default, Sect1on 2705 of the Lease provides that Plaintiff may enter Judgment by Confession for money damages, including all accelerations of rent Landlord is seeking Judgment for $17,961 64 representing unpa1d base rent and additional rent as of April 1, 2022 m the amount of $12 961 64 plus an attorneys comm1ssion of $5,000 00 as authorized by the Warrant of Attorney contained in Exhiblt "B" Pursuant to the provisions of Section 2701 (a) of the Lease, Landlord, upon written notice, may seek the whole rent for the balance of the term of the Lease for the period commencing May 1, 2022 through the remainder of the lease term on July 31, 2024 in the amount of $78,696 00 as set forth on the attached Ledger (Exhibit C), which amount has been computed in accordance with the lease terms Accordingly, Landlord is seeking judgment in the amount of $78,696 00, representing accelerated base monthly rent and additional rent for the period commencmg May 1, 2022 through the remamder of the lease term on July 31, 2024 in the amount of $78,696 00 In add1t10n, as authorized by the Warrant of Attorney contained 1n the Suretyship Agreement Landlord IS seekmg an attorneys' commiSSIOn of $5,000 00 as set forth in Count I of the Complaint 1n Confession of Judgment A true and accurate copy of the notice required by Sectlon 2701 (a) of the Lease, dated March 24, 2022 issued to Tenant and to Sureties is attached hereto, made a part hereof and marked as Exhib1t “D” Landlord is seeking judgment in its favor and against Defendants, RAFFI FARRAJ and MADELEINE FARRAJ jointly and severally as authorized by the Warrant of Attorney appealing 1n the Suretyship Agreement 1n the total sum of $96 657 64 (as set forth in Counts I and II of the Complaint 1n Confession of Judgment) as authorized by the Warrants appearing 1n the attached Suretyship Agreement together With interest from the date ofjudgment and costs and ongomg attorneys’ fees TRAPPE CENTER LP By Trappe Center GP Inc , Its General Partner ByW. ARNOLD F ANDERSEN T1tle President Sworn to and Subscnbed before me s 7”“ day of m 2022 Notary Public VICTORIA MILLERNotary Public Chester County My Commission Expires Dec 18 2023 Commission Number 1238732 CERTIFICATION OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CHESTER ARNOLD F ANDERSEN, being duly sworn according to law, deposes and says that he is the Pres1dent of Trappe Center GP Inc General Partner of Plaintiff TRAPPE CENTER LP' and that he is authorized to make this Affidavit on behalf of Plaintiff, as follows Affiant certifies that the residence address of Defendant, RAFFI FARRAJ is 26 Rose Tree Village, Media, PA 19063; the res1dence address of Defendant, MADELEINE FARRAJ 1s 26 Rose Tree Vlllage, Media, PA 19063; and the business address of judgment creditor Plaintiff IS 309 Lancaster Avenue, Sulte C3, Malvern, PA 19355 TRAPPE CENTER LP By Trappe Center GP Inc , Its General Partner Byw— ARNOLD F ANDERSEN Title President Sworn to and Sub’sgmed before me this 7 day of M 2022 K ‘ ¢ WW Notary Public Notary 593‘ Commonwealth of Pennsylvania VlCTORlA MILLERNotary Public Chester County Commission Number 1238732 AFFIDAVIT OF INCOME COMMONWEALTH OF PENNSYLVANM SS COUNTY OF CHESTER ARNOLD F ANDERSEN, being duly sworn according to law, deposes and says that he is the President of Trappe Center GP Inc General Partner of Plaintiff TRAPPE CENTER LP and that he is authorized to make this Affidav1t on behalf of Plaintiff; and that the mcome of Defendant RAFFI FARRAJ is m excess of $10 000 00 per year Affiant cert1fies that the res1dence address of Defendant, RAFFI FARRAJ is 26 Rose Tree V111age, Medla, PA 19063; and the busmess address of judgment creditor Plamtiff is 309 Lancaster Avenue, Suite C3, Malvern, PA 19355 TRAPPE CENTER LP By Trappe Center GP Inc Its General Partner By % ARNOLD F ANDERSEN Title President Sworn to and Subscribed before me this 7% day of #51 Z , 2022 MW Notary Public VECTORIA MILLERNotary Public Chester County My Commission Expires Dec 18, 2023 Commission Number 1238732 AFFIDAVIT OF INCOME COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CHESTER ARNOLD F ANDERSEN, being duly sworn according to law, deposes and says that he is the President of Trappe Center GP Inc General Partner of Plaintiff TRAPPE CENTER LP and that he is authorlzed to make this Affidavit on behalf of Plaintiff, and that the mcome of Defendant MADELEINE FARRAJ is m excess of $10 000 00 per year Affiant certifies that the residence address of Defendant, MADELEINE FARRAJ IS 26 Rose Tree V111age, Med1a, PA 19063; and the business address of judgment credltor Plaintiff ls 309 Lancaster Avenue, Suite C3 Malvern, PA 19355 TRAPPE CENTER LP By Tra 0 Center GP Inc , Its General Partner ARNOLD F ANDERSEN Title President Sworn to and Subféz’ribed before me this 7 day of 11M 2022 WW Notary Pubhc VICTORIA MILLERNotary Public Chester County My Commission Expires Dec 18 2023 Commission Number 1238732 AFFIDAVIT OF NONMILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CHESTER ARNOLD F ANDERSEN, being duly sworn according to law deposes and says that he is the Pr631dent of Trappe Center GP Inc General Partner of Plaintiff TRAPPE CENTER, LP and that he is authorized to make this Affidavit on behalf of Plaintiff; and that the re51dence address of address of Defendant MADELEINE FARRAJ is 26 Rose Tree Village Media, PA 19063; and that he beheves and therefore avers that Defendant, MADELEINE FARRAJ is not in the military Service of the United States, nor any State or Territory thereof or 1ts a111es as defined 1n the Soldiers' and Sailors' Civ11 Relief Act of 1940 and the amendments thereto Affiant certifies that the residence address of Defendant, MADELEINE FARRAJ is 26 Rose Tree V111age, Media, PA 19063; and the business address of judgment cred1tor Plaintiff is 309 Lancaster Avenue, Su1te C3, Malvern, PA 19355 TRAPPE CENTER LP By Trappe Center GP Inc , Its General Partner By % ARNOLD F ANDERSEN Title President Sworn to and Subscribed before me this 7%day of %é& , 2022 WW Notary Public VICTORIA MILLERNotary Public Chester County My Commission Expires Dec 18, 2023 Commission Number 1238732 AFFIDAVIT OF NONMJLITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CHESTER ARNOLD F ANDERSEN, being duly sworn according to law, deposes and says that he is the President 6f Trappe Center GP Inc General Partner of P1a1nt1ff TRAPPE CENTER LP and that he 1s authorized to make this Affidav1t on behalf of Plaintiff; and that the residence address of address of Defendant RAFFI FARRAJ is 26 Rose Tree V111age Media PA 19063 and that he believes and therefore avers that Defendant, RAFFI FARRAJ IS not in the mlhtary Service of the United States, nor any State or Terrltory thereof or 1ts allies as defined 1n the Soldiers' and Sailors' C1vi1 Rehef Act of 1940 and the amendments thereto Affiant certifies that the re31dence address of Defendant, RAFFI FARRAJ IS 26 Rose Tree Village, Media, PA 19063; and the busmess address of judgment creditor Plaintiff IS 309 Lancaster Avenue, Sulte C3, Malvem, PA 19355 TRAPPE CENTER LP By Trappe Center GP Inc Its General Partner ARNOLD F ANDERSEN Title President Sworn to and Subscnbed before me this 7%”day of {#54 1 2022 Notary Public VICTORIA MILLERNotary Public Chester County My Commission Expires Dec 18, 2023 Commission Number 1238732 AFFIDAVIT OF BUSINESS TRANSACTION COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CHESTER ARNOLD F ANDERSEN, being duly sworn accordmg to law, deposes and says that he is the Pres1dent of Trappe Center GP Inc General Partner of Plaintlff TRAPPE CENTER LP that he is authorized to make this Affidav1t on behalf of Plamtiff; and that the transactlon upon which the Judgment IS bemg entered was a busmess transactlon TRAPPE CENTER LP By Trappe Center GP Inc , Its General Partner ByM ARNOLD F ANDERSEN T1tle Premdent Sworn to and Subscrlbed before me this 7"” day of fin Z , 2022 WW Notary Public Notary Public VICTORIA MILLER Chester County 2023 My Commission Expires Dec 18 Commission Number 1238732 RETAIL INSTALLMENT AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CHESTER ARNOLD F ANDERSEN, bemg duly sworn according to law, deposes and says that he IS the Pr651dent of Trappe Center GP Inc General Partner of Plaintlff TRAPPE CENTER LP that he is authorized to make this Affidav1t on behalf of Plaintiff; and hereby states that the agreement at 1ssue is not a retail sales agreement or contract TRAPPE CENTER LP By Trap 6 Ce- GP Inc/Its General Partner B(If- ARNOLD / ANDERSEN Title President Sworn to and Subscribed before me this 7 A day of gal 2022 2W W Notary Public VICTORIA MILLERNotary Public Chester County My Commission Expires Dec 18 2023 Commission Number 1238732 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CHESTER ARNOLD F ANDERSEN, being duly sworn according to law, deposes and says that he is the President of Trappe Center GP Inc General Partner of Plamtiff TRAPPE CENTER LP that he is authonzed to make this Affidavit on behalf of Plaintiff; and that the Judgment bemg sought herem is not bemg entered against a natural person 1n connection Iwith a consumer credit transaction TRAPPE CENTER, LP By Trappe Cente GP Inc , Its General Partner By @— ARNOLD DERSEN Title President Sworn to and Subscribed before me this May of M , 2022 W W Notary Public EXHIBIT A E ! E E I i LEASE ‘ between : TRAPPE CENTER LP ' Landlord E and E VEGAS VAPES 3 LLC E Tenant E £01 Suite # 122 in E TRAPPE CENTER E Shopping Center E E (Vegas Vapcs Trappe) INDENTURE OF LEASE Landlord he1eby leases to Tenant and Tenant heleby rents from Land101d the store plemises - (the "pIemises," "leased plemises” o1 "demised p1emises") he1einafter described, on the following : terms and conditions ' 1 Definitions : (a) Landlo1d s Name TRAPPE CENTER LP (b) L an d1 01 d s Add 1633 1055W est 1ka es D r1ve, S u1te170 , B erwyn PA19312 i Address for Payment of Rent 1055 Westlakes Drive, Suite 170, Berwyn, PA 19312 . ( c) Tenant 3 Name VEGAS VAPES 3 LLC BIN 1 (d) Tenant’s Add1ess 26 Rose T166 Village 1 Media PA 19063 e T enant s B 1 11 mg Address, 1 f d 1 ff61th 1 1 (1) Shopping Center Name TRAPPE CENTER , (g) Shopping Cente1 Add1ess 130 W Main Street, Trappe Borough, Montgomery 1 County, Pennsylvania ‘ ‘ 2 Summary of Basic Terms (a) Leased P1emises Store Number Suite 122 b Tenant’s T1ade Name (see Section 201 Vegas VaP es g (0) Use of Premises (see Section 201) Retail vape st01e offeling ejuices, nic salts, cannibidiol % (CED) products and vape IeIated ha1dwa1e and merchandise Tenant sha11be p1 ohibited fiom g selling cigals, ciga1ettes or tobacco ploducts, as well as malijuana 01 any othe1 products containing f1. tetrahy dlocannibidiol (THC) in any form unless such THC is plesent only in cannibidiol ploducts in E mace amounts 1 ((1) Exclusive Use P1ovided Tenant is open and ope1ating for business and not in default 1 under the Lease, Landlord shall not enter into any futule lease in the Shopping Cente1 for the { p1ima1y pu1pose of a ‘ Vape Shop” I 1;