29) 3 iéibe'sve" S 9800) To WHUSIG ATR oni (vaa) haezyooa\hVIRGINIA: IN THE FAIRFAX COUNTY GENERAL DISTRICT COURT ESKRIDGE (E&A), LLC, ) ) Plaintiff, } ) vs. } Case No. GVIS: ) GYPSY SOUL, LLC, d/b/a “Gypsy Soul,” ) etal., ) ) Defendants. ) CONSENT JUDGMENT ORDER THIS MATTER came on to be heard on the 19" day of June, 2015, upon the Summons for Unlawful Detainer filed by the plaintiff herein. IT APPEARING to the Court, and defendants agree, that defendants Gypsy Soul, LLC, d/b/a “Gypsy Soul,” R. Joseph Cooper, III and Judith Cooper have received proper service of the Summons for Unlawful Detainer, and that the parties hereto have reached an agreement, as evidenced by their signatures below; therefore, it is accordingly ADJUDGED and ORDERED that a judgment for immediate possession of the premises known as “Gypsy Soul” and located at $296 Glass Alley, Mosaic District shopping center, Fairfax, Virginia 22031, be, and is hereby entered in favor of plaintiff and against defendants Gypsy Soul, LLC, d/b/a “Gypsy Soul,” R. Joseph Cooper, III and Judith Cooper; and it is further ADJUDGED and ORDERED that a money judgment for Rent due through June, 2015, in even Thousand Seven Hundred Ninety and 92/100 Dollars the sum of Two Hundred Seventy (S277,790.92), be, and is hereby entered in favor of plaintiff and against defendants Gypsy Soul, LLC, d’b/a “Gypsy Soul,” R. Joseph Cooper, III and Judith Cooper, together with costs of $46.00 and attorneys’ fees of $5,000.00; and it is furtherADJUDGED and ORDERED, and all parties agree that the judgment for possession, money judgment and Arrearage payment plan set forth in the above paragraph, shall not be deemed a waiver of the plaintiff's right to recover from defendants all sums due and coming Lease and Guaranty. ENTERED this /9 Tay of June, 2015. JUDGE WE ASK FOR THIS: ESKRIDGE (E&A), LLC aZ B. Bowman, VSB#67977 Bregman, Berbert, Schwartz & Gilday, LLC 7315 Wisconsin Avenue Suite 800 West Bethesda, Maryland 20814 (301) Counsel ro Eskridge (E&A), LLC GYPSY SOUL, LLC, d/b/a “Gypsy Soul” R. JOSEPH COOPER & JUDITH COOPER Combs & Taylor, LLP 2101 L Street, NW Suite 800 Washington, DC 20037 Counsel to Defendants Gypsy Soul, LLC, d/b/a “Gypsy Soul,” R Joseph Cooper, If and Judith CooperVIRGINIA: IN THE FAIRFAX COUNTY GENERAL DISTRICT COURT ESKRIDGE (E&A), LLC, Plaintiff, vs Case No. GV15-9236 GYPSY SOUP, LLC, db/a “Gypsy Soul. etal., Defendants. PLAINTIFF'S BILL OF PARTICULARS Plaintiff, Eskridge (E&A), LLC, by counsel, for its Bill of Particulars in the above case, states as follows: 1. On June 28, 2012, Eskridge (E&A), LLC (hereinafter referred to as “Landlord”) * (hereinafter referred to as “Tenant”), entered into a and Gypsy Soul, LLC, d/b/a “Gypsy Sot Deed of Lease/Shopping Center Lease Agreement (hereinafter referred to as the “Deed of Lease”) for the commercial premises located at 8296 Glass Alley, Mosaic District shopping center, Fairfax, Virginia 22031 (hereinafter referred to as the “Premises”). A true and correct copy of the Deed of Lease is attached hereto as Exhibit A and incorporated herein by reference 2, Inconsideration for Landlord’s leasing of the Premises to Tenant, Tenant agreed, inter alia, to make periodic Rent payments to Landlord. The Deed of Lease requires Tenant 10 pay Minimum Rent (Article 4), Percentage Rent (Article 5) and Additional Rent (Articles 7 and 19); which Additional Rent includes, but is not limited to, a proportionate share of Common “Area Maintenance Expenses, a proportionate share of Taxes, Insurance charges, Utilities and all other costs and fees, payments and charges specifically set forth under the Deed of Lease, including, but not limited to, late charges (Article 4), interest on rental arrearages (Article 4), andcourt costs and reasonable sttoreys’ fees (Article 57) ineurred in connection with any legal matter, dispute, action or proceeding under the Lease. 5. Im consideration of, and in order to induce Landlord to enter into the Deed of Lease with Tenant, R. Joseph Cooper, [Il and Judith Cooper (“Guarantors”) executed a Guaranty of Lease (hereinafter referred to asthe “Guaranty”) whereby Guarantors guaranteed Tenant's due and punctual payment in full ofall Rent, Additional Rent, and all ther amounts due and payable by Tenant under the Deed of Lease and the full and faithful performance and observance of all tens, covenants and conditions contained in the Lease. A true and accurate copy of the Guaranty is attached hereto as Exhibit B and incorporated herein by this reference 4. On May 14, 2014, Landlord, Tenant and Guarantors entered into a First Amendment to Deed of Lease (hereinafter referred to as “First Amendment’). A tue and accurate copy of the Fist Amendment is attached hereto as Exhibit C and incorporated herein by this reference. 5. On July 21, 2014, Landlord, Tenant and Guarantors entered into 2 Second ‘amendment to Deed of Lease (hereinafter referred to as “Second Amendment”), A tue and accurate copy of the Second Amendment is attached hereto as Exhibit D and incorporated herein by this reference. The Deed of Lease, First Amendment and Second Amendment are hereinafter collectively referred to as the “Lease”. 6. Tenant has failed to pay to Landlord Minimum Rent and Additional Rent due under the Lease in a timely manner and pursuant to the terms of the Lease. 7. On April 7, 2015, a notice of monetary default was sent via Federal Express and via certified mail, retum receipt requested to Tenant and Guarantors (“Notice of Default”). Atrue and accurate copy of the Notice of Default is attached hereto as Exhibit E and incorporated herein by this reference. 8. Landlord's Notice of Default fully complies with any provision for notice contained in the Lease. 9. Tenant failed to cure the monetary default within the five (5) day period provided for in Lease and set forth in the Notice of Default. 10. Despite Tenant's failure to make the required payments due under the Lease, and Guarantors’ ongoing obligations, Guarantors have also failed to pay the amounts due under the Lease and Guaranty. 11, Tenant and Guarantors have failed to pay Minimum Rent and Additional Rent to Landlord in the amount of Two Hundred Seventy Seven Thousand Seven Hundred Ninety Dollars and Ninety Two Cents ($277,790.92), which amount is set forth in greater detail on the Tenant Ledger attached hereto as Exhibit F. 12. In addition to the sums shown above, Landlord also claims any accrued and ‘unpaid Minimum Rent and Additional Rent at the rate of Twenty Seven Thousand Nine Hundred Forty Three Dollars and Seventy Five Cents (27,943.75) per month, plus interest, late fees, utilities, water and sewer charges, trash removal fees and any and all additional amounts that may come due under the Lease from the date shown here until judgment is entered 13. In addition the aforementioned monetary default, Tenant and Guarantors are also in default under the Lease and Guaranty due to their failure to discharge or remove certain mechanic's liens that were filed against the Premises. 14. On September 15, 2014, Potomac Construction Services, Inc, filed a Memorandum for Mechanic’s Lien Claimed by General Contractor against the Premises forwork that it purportedly performed at the Premises at the request of and/or on bebalf of Tenant, A true and accurate copy of the Potomac Construction Services, Inc., Memorandum for Mechanie’s Lien is attached hereto as Exhibit G. 15. On October 8, 2014, Alto-Hartley, Inc, filed a Memorandum of Mechanic's Lien Claimed by Prime Contractor against the Premises for equipment it purportedly delivered to the Premises and for services it purportedly performed at the Premises at the request of and/or on behalf of Tenant, A true and accurate copy of the Alto-Hartley, Inc., Memorandum for Mechanic’s Lien is attached hereto as Exhibit H. 16. Pursuant to Article 18 of the Lease Tenant is required to “discharge or remove the tien{s) by bonding or otherwise, within twenty (20) days after notice from the Landlord to Tenant...” 17. Landlord's Notice of Default directed Tenant to, within twenty (20) days of the date of Landlord's Notice of Default, discharge or remove the aforementioned mechanic’s liens by bonding or otherwise. 18, Tenant and Guarantors failed to discharge or remove the mechanic's liens within the twenty (20) day period following service of the Notice of Default wm Tenant and Guarantors failure to discharge or remove the mechanic’s liens within the twenty (20) day period following service of the Notice of Default constitutes a material breach of the Lease and actionable event of default under the Lease. 20. Tenant and Guarantors have also defaulted under the Lease due to Tenant's failure to operating its business in the Premises during the Operating Hours as called for in the Lease,21. Article 12 of the Lease establishes the hours that the Tenant is required to operate its business in the Premises, i.e. the “Operating Hours.” 22. Tenant unilaterally and without Landlord's permission ceased operating its business during certain required Operati 23. Landlord’s Notice of Default notified Tenant and Guarantors that the failure to operate during the required Operating Hours constitutes an event of non-monetary default under the Lease and a material breach of the Lease. 24, Tenant and Guarantor failed to cure the non-monetary default within the thirty (30) day period provided for in Lease and set forth in the Notice of Default. 25, Tenant and Guarantors failure to cure this non-monetary default and operate during the Operating Hours set forth in the Lease constitutes a material breach of the Lease and Guaranty and an actionable event of default. 26. Article 57 of the Lease provides for the recovery of reasonable attorney's fees and court costs in the event any legal matter, dispute, action or proceedings exists or is commenced by of between Landlord and Tenant. Paragraph 6 of the Guaranty provides that Guarantors shall pay all costs and expenses incurred by Landlord in enforcing the Guaranty, including, without limitation, all legal fees. The amount of attorneys’ fees requested by Landlord will be outlined in an Affidavit of Reasonableness of Attomeys’ Fees 27. Landlord seeks a judgment for possession of the Premises and a money judgment against Tenant and Guarantors for Minimum Rent and Additional Rent totaling Two Hundred Seventy Seven Thousand Seven Hundred Ninety Dollars and Ninety Two Cents ($277,790.92). plus all Minimum Rent and Additional Rent that accrues through the date of trial, based uponTenant and Guarantors defaults under the Lease and Guaranty, plus court costs and Landlord's reasonable attorneys’ fees. WHEREFORE, plaintiff requests that this Court award it a judgment for possession of the Premises and a money judgment in the amount of Two Hundred Seventy Seven Thousand Seven Hundred Ninety Dollars and Ninety Two Cents ($277,790.92), plus all Minimum Rent and Additional Rent that accrues through the date of trial, against defendants Gypsy Soul, LLC, lola “Gypsy Soul” R. Joseph Cooper, III and Judith Cooper, jointly and severally, plus court costs and Landlord's reasonable attomeys’ fees; and for such other and further relief as this Court deems just. ESKRIDGE (E&A), LLC By Counsel uF B. Bowman, VSB No. 67977 Bregman, Berbert, Schwartz & Gilday, LLC 7315 Wisconsin Avenue, Suite 800 West Bethesda, Maryland 20814 (301) 656-2707 — telephone (301) 961-6525 - facsimile Attomey for Plaintiff CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a copy of the foregoing Plaintiff's Bill of Particulars was sent via overnight courier this 4” day of June 2015, to the following: Eric D. Combs, Esquire Combs & Taylor, LLP 2101 L Street, NW Suite 800 Washington, DC 20037 eric.combs@combstaylor.com Counsel to Defendants mF B. Bowman