HomeMy WebLinkAbout00-03419
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BARBARA WEIDNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - AT LAW
:NO. 00- .34/9 Ci(.)~L '-r~
JOSEPH RUDA and
TERRI RUDA,
: JURY TRIAL DEMANDED
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following Complaint, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so, the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone: (717) 249-3166
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BARBARA WEIDNER,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
: CIVIL ACTION -AT LAW
:NO. IKJ- 3'f)'f ~ /~
JOSEPH RUDA and
TERRI RUDA,
: JURY TRIAL DEMANDED
Defendants
COMPLAINT
AND NOW, comes Barbara Weidner, by and through her attorney, Karl E. Rominger,
Esquire, and in support of her complaint avers the following:
I. Barbara Weidner is an adult individual residing at 68 Betty Nelson Court, Carlisle,
PA 17013.
2. Joseph Ruda and Terri Ruda are husband and wife and reside at 944 Doubling Gap
Road, Newville, PA 17241.
3. 429 Ponderosa Road, Newville, P A, is the address of a residence that is owned by
the Defendants and was offered for rent to the Plaintiff.
4. On or about the 1 st of December of 1999 Plaintiff and Defendant entered into a
lease agreement for the 429 Ponderosa Road property, a copy of which is attached
as Exhibit A.
5. Consideration was provided in the amount ofthe first month's rent of $460 and a
separate payment for security deposit of $460.
6. Plaintiff, for reasons to be stated below, was never able to move into the residence
in question.
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COUNT I - BREACH OF THE WARRANTY OF HABITABILITY
7. Previous paragraphs are incorporated herein by reference.
8. In the beginning of December, prior to moving into the residence and while
attempting to prepare the residency for occupancy by Plaintiff and her two minor
children, Plaintiff discovered a munber of defects in the residence.
9. Plaintiff discovered that the furnace was not working and that there was no heat in
the residence.
10. Plaintiff discovered that the kitchen sink was not repaired as noted on the lease.
11. Plaintifffound a crack in the bathtub which was causing water to leak out of the
bathtub.
12. Plaintiff found that the water softener was not working.
13. Plaintiff found that the water was creating extensive brown stains in the toilet and
bathtub and other plumbed areas.
14. Plaintiff also noted that, aside from having no heat, the residence was not air tight.
15. Plaintiff also discovered that the fuel oil tank was leaking.
16. When notified the landlord was unable to remedy these situations in a timely
fashion.
17. Ms. Weidner, by and through counsel, gave notice of December 10, 1999, of her
intent to rescind and revoke the lease. (Exhibit B.1)
18. The letter was mailed return receipt requested and was signed for by Terri Ruda on
12/14/99. (Exhibit B.2)
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19. To date, defendant has refused to return December's rent and the security deposit
paid.
20. The residence at all times in question remained uninhabitable and Ms. Weidner was
unable to move into the residence.
21. At all times relevant Ms. Weidner and her minor children remained at her residence
at Betty Nelson Court, and by necessity had to request that Betty Nelson extend
her term into the year 2000.
22. At no time was the 429 Ponderosa Road residence habitable.
WHEREFORE, Plaintiff respectfully requests that this Court award her $920 in liquidated
damages plus costs of suit and reasonable attorney fees.
COUNT II - BREACH OF CONTRACT
23. Previous paragraphs are hereby incorporated herein by reference.
24. Plaintiff contracted with Defendant to provide living quarters at 429 Ponderosa
Road.
25. A writing was executed, which has been previously referred to and is attached as
Exhibit A.
26. Notwithstanding this contract, Defendant failed to provide a residence which was
habitable.
27. Plaintiff was forced to cover by extending her rental arrangement at a residence in
the Betty Nelson Trailer Park through the year 2000.
28. Since Defendants were unable to provide a habitable residence in a commercially
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reasonable time frame, they breached the contract.
29. Plaintiff provided $460 in consideration for said contract and $460 for a security
deposit.
30. Under the lease and the laws of Pennsylvania, Plaintiff is entitled to a full refund of
her security deposit.
31. Under the lease contract Plaintiff is entitled to return of her valuable consideration
of $460 for which she never received any value or consideration in kind.
WHEREFORE, Plaintiff respectfully requests that this Court provide her with $920 in
liquidated damages plus costs of suit and reasonable attorney fees.
COUNT III - STATUTORY CLAIM FOR DOUBLE SECURITY DEPOSIT
32. Previous paragraphs are hereby incorporated herein by reference.
33. Plaintiff paid a security deposit in the amount of $460 to Defendants.
34. Previously incorporated and attached as Exhibit B is a letter notifying Defendants
that Plaintiff would not be residing at the property in question.
35. On February 1,2000, on information and belief Defendants rented the residence in
question to other parties.
36. At all times relevant, to include the present, Ms. Weidner has continued to reside
at the address last known to the Defendants.
37. At all times relevant up until the present, Defendants have been in coriununication
with counsel for Plaintiff.
38. Despite repeat demands, the security deposit of $460 has never been returned.
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39. Pursuant to 68 P.S. ~250.511(a) et seq. Plaintiff is entitled to double her security
deposit back for failure to return the same within thirty (30) days.
40. Double the security deposit is $920.
WHEREFORE, Plaintiff respectfully demands that this Court order her security deposit in
the amount of $460 returned and enter a judgment for liquidated damage in the amount of an
additional $460 as statutory damages.
COUNT IV - UNJUST ENRICHMENT
41. Previous paragraphs are hereby incorporated herein by reference:
42. Plaintiff paid $920 to the Defendants to secure living quarters.
43. Defendant never supplied said living quarters.
44. Defendant has taken the value of Plaintiff's $920.
45. Plaintiff has received nothing in exchange for this $920.
46. Defendant has been unjustly enriched in the amount of $920.
47. Plaintiff had a fuel oil tank at the residence in question filled with 209.2 gallons of
kerosene and had a gauge installed on the tank to determine how full it was.
48. These services were provided by Agway Energy Products and a bill of $334.65
was billed to the Plaintiff for the same. (Exhibit C)
49. Plaintiff never used any of the kerosene nor enjoyed the benefit ofthe fuel gauge.
50. Plaintiff bought the same in anticipation of moving into the residence.
51. Defendant has realized the value of the kerosene by using the same to heat the
residence while in Defendant's possession and while in Defendant's new tenants
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possessIOn.
52. Defendant has continued to realize the value of the gauge as have future tenants of
the Defendant.
53. Defendant was unjustly enriched in the amount of$334.65 for the value of the
kerosene and gauge.
54. Plaintiff was unjustly enriched in the amount of $920 plus $334.65, for liquidated
damages in the amount of 1,254.65.
WHEREFORE, Plaintiff demands judgment in the amount of $1 ,254.65 as liquidated
damages for Defendants' unjust enrichment, plus costs of suit and reasonable attorney fees.
Respectfully submitted,
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Karl E. Rominger, Esquife'l
155 South Hanover Street
Carlisle, Pa 17013
(717) 241-6070
Supreme Court ID #81924
Attorney for Plaintiff
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VERIFICATION
KARL E. ROMINGER, ESQUIRE, states that he is the attorney for Barbara Weidner,
Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient
knowledge or information and belief, based upon his investigation of the matters averred in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S.
Pa.C.S. ~4904, relating to unsworn falsification to authorities.
Date: June 5, 2000
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Karl E. Rominger, Esquire
Attorney for Plaintiff
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Unirorm LeaBe No. 60U8-2
Pr:lnted by Yeo & Lukens Co., Pbiladelpbia, Pa.
Lease Agreement
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This Agreement, MADE THE.
o~~. thousand nine hundred and._,t}.~~~......~...~~_...,...... ..............'...............................~........~:.,........:~..~....~.l.~::...:~::
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(hereinafter called Lessor), of the one part, and ::]5oa;.'IjJ.:tfd'Cf...c~~~'-
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(hereinafter called LeIlIlee), of the other part.
WITNESSETH THAT: wsor does hereby demise and let unto LeIl~ all that certain...
in the...
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to be used and occupied as...
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lawful ~oney of the United StateS of America, payable in monthly installments in advance during the said term of this lease, or any re~81l
~ere:~..::..~:~.;.~~:::~.....::.,..::.......__...':::...,.'.'.::......~'_:.:::::::::::::::::~~;..~f.:;;h..~~~.~~:':~~'~~";:~~'~~~';'~'.:','.'.~.'Dei.im~c~($..~~:.........)
day of..~q.m~.........."'............, IA.g., the first installment to be paid at the time of signing this lease.
"~ ~iv.e 30 d{,\\16 ('ohm- i+ l'I'a'j:l":> ,-It; be trn->'1't!1'ptL
HI ~o\JLcl t'D he rt9u1ed, u,\d\ <, I[)t~ tn be H'A:1 Sl'Ed .
f)-t"tlA,} :::,Lni\. W)~,IG\.' II' rD~'I'" ~. I U m_
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-IT; Iltn\' G)\, I') erHt'c tl'Q::U,'S c<.e. ~c\sl.. '-)
If Lessor is unable to give LesSee possession of the demised premises, as herein provided, by reason of the holding over of a previous occupant,
or by reasonohny cause beyond the control of the Lessor, the LeIlsor shall not be liable in damages to the Lessee therefor, and during the perion
that the Lessor is unable to give possession, all rights and remedies of both Iflrties hereunder shall be suspended.
(a) Lessee agrees to pay as rent in addition to the minimum rental herem reserved any and all sums which may become due by reason of
the failure of Lessee to comply with all of the covenants of this lease and any and all damages, costs and expenses which the Lessor may sulfer
or incur by reason of any defauh of the Lessee or failure on his part to comply with the covenants of thiS lease, and each of them, and also
any and afl.damages to the demised premises caused by any act or neglect of the Lessee.
(ll) Lessee further agrees to pay as rent in addition to the minimum rental herein reserved all taxes assessed or imposed upon the demised
premises and/or- the building of wbich"'Eli'lrili!rnised premises is a part during the term of this lease, in excess of and over and above those assessed
or imposed at the time of making this lease. The amount due hereunder on account of such taxes shaU be apportioned for that part of the fin;t
and 13st calendar yean; covered by the term hereof. The same shall be paid by Lessee to Lessor on or before the fin;t day of July of each and
every year.
(t:) Lessee further agrees to P!'-y to Lessor as additional rent all increase or increases in fire insurance premiums upon the demised premises
and/or the building of which the demised premises is a part, due to an increase in the rate of fire insurance in excess of the rate on the demised
premises at the time of making this leaSj!, if said increase is caused by any act or neglect of the Lessee or the nature of the Lessee's business.
(d) Lessee further agrees to ~y as additional rent, if there is a metered water connection to the said premises, all charges for water con-
sumed upon the demised premise~ in excess of the yearly minimum meter charge and all charges for repairs to the said meter or meters on the
premises, whether such repain arC made necessary by ordillary wear and tear, freezing, hot water, accident or other causes, immediately when
the same become due.
(8) Lessee further agrees to ray as additional rent, if there is a metered water connection to said premises, all sewer rental or charges for
use of sewers, sewage system, and sewage treatment works servicing the demised premises in excess of the yearly minimum of such sewer charges,
immediately when the same becoroe due.
All rent shall be payable without prior notice or demand at the office of Lessor,............................................"........................................._............
or at such other place as Lessor fllay from time to time designate by notice in writing.
Leasee covenants and ajrees that he will without demand
(a) Pay the rent and a I other char:ges herein reserved as rent on the days and times and at the place that the same are made payable,
without fail, and if Lessor shall at any tIme or- times ac:cept said rent or rent charges after the same shall have become due and payable, such
acceptance shall not ell:cuse delay upon subse9uent occasions, or epnstitute or be construed as a waiver of any of Lessor's rights. Lessee agrees
that any charge or payment hereln reserved, mcluded or agreed to be treated or collected as rent and/or any other charges or taJres, expenses,
or costs herein agreed to be paid by the Lessee may be proceeded for and recovered by the Lessor by distraint or other process in the same
mannerasrentdueandinarreal1.
('I Keep the demised premi~es clean and free from all ashes, dirt and other refuse matter; replace all glass windows, doors, etc., broken;
keep a I waste and drain pipes open; repair all damage to plumbing: and to the premises in general; keep the same in j;::ood order and repair as
they are now, reasonable wear aIid tear and damage by accidental fire or other casualty not occurring through neghgence of Lessee or those
employed by or acting for- Lessee alone excepted. The Lessee agrees to sUlTender the demised premises in the same condition in which Lessee
has herein agreed to keep the sanle during the continuance of this lease.
(c) Comply with any requirements of any of the constituted public authorities, and with the terms of any State or Federal statute or local
ordinance or regulation applicablt to Lessee or his use of the demised premises, and save Lessor harmless from penalties, fines, costs or damages
resultingfromfailureso~odo.
(d) Use every reasonable preCaution against fire.
(e) Complt with rules and ~lations of Lessor promulgated as hereinafter provided.
(f) Peacea Iy deliver up anO surrender _possession or the demised premises to the Lessor at the expiration or sooner termination of this
lease, promptly delivering to LesllOr at his office all keys for the demised premises.
(g) Give to Lessor prompt written notice of any accident, fire, or damage occurring on or to the demised premises.
(h) Lessee shall be responsible for the condition of the pavement, curb, cellar doon;, awnings and other erections in the pavement during
the term of this lease' shall keep the pavement free from snow and ice: and shall be and hereby agrees that Lessee is solely liable for any acci-
dents, due or alleged to be due t(l their defective condition, or to any accumulations of snow and ice.
(i) The Lessee agrees that if. with the permission in writing of Lessor, Lessee shall vacate or decide at any time during the term of this
lease or any renewal thereof to "acate the nerein demised premises prior to the expiration of this lease, or any renewal hereof, Lessee will not
cau~ or allow any other age~t to represent Lessee in any sub_letting or reletting of the demised premises other than an agent approved by the
Lessor..... .. . .... .... ...............................and that should Lessee do so, or attempt to do so, the Lessor
.............,...........................,.....,........,..............".......,.....,....................................,.....,.......,..may remove any signs that may be placed on or about the
demised premises by such other agent without any liability to Lessor or to said agent, the Lessee assuming aU responsibility for such action.
Lessee covenants and agrees that he will do none of the following things without the consent in writing of Lessor fint had and obtained:
(a) Occupy the demised preJllises in any other manner or for any other purpose than as above set forth.
(ll) Assign, mortgage or pledge thi~ lease or .under-let or sulrlease the demised premi~, or any part thereof,,or permit any other pen;o-,?-,
firm or corporation to occupy the demised premIseS, or any part thereof; nor shall any aSSIgnee or sub-lessee asSIgn, mortgage or pledge thiS
lease or such sub.lease without an additional written consent by the Lessor, and without such consent no such assignment, mortgage or pledge
shall be valid. If the U;ssee becollles embarrassed or insolvent, or makes an assignment for the benefit of crediton;, or if a petition in bankruptcy
is filed by or against the Lessee or a bill in equity or other proceeding {or the appointment of a receiver for the Lessee is filed, or if the real or
personal property of the Lessee sllall be sold or levied upon by any Sherilf, Marshal or Constable, the same shall be a violation of this covenant.
(c) Place or allow to be pla(.ed any stand, .booth, sign or show case uPD:n the d?or~teps, ves1!bules or .outside walls or pavem~nts of said
premises, or paint, place, erect or cause ~o be pamted, placed or erecte~ any sl,gn.. projectIon or devIce on or 10 any part of the premlse.s. Lessee
shall remove any si!(n, projection!,r ~evlce pa~ntcd, placed or erected, If permlssll!n has been lrI:anted .a~d restore the walls, e~., t? their former
conditions, at or prior to the eKpl~atlon of thiS lea.e. In .case of the breach of thiS COVl'ln.a':lt (10 addltio~ to a!1 other remedies it1ven to Lessor
in C3!<C of Ihc breach of any conditlon. or covenants of thiS leare) Le.sor shall have the pnvdege of removmg saId stand, booth, Sign, show case,
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EXHIBIT A. 1
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~fiWor.fo;~~~ Md ;;;~t~J;r-or~e';;t;:ith~.~t~r~~i;:~~j~s~~~d'~h~;g;~";;;~1l1~~~;'the i~;';;'of"~ ~~~;~t~f' di~t;;;s ~~h;ii
not. be suffident to satisfy the claim?f the L~!l;Or. .Lessee hereby expre~sly waives in favor of Lessor the benefit of all laws now made or
which may hereafter be made regardIng any I1mltatlon as to the goods upon which, or the time within which distress is to be made after
rem~al of ~s, and further relieves the Lessor of the obligat~ons of p~oving or identifying such gllods, it being the purpose and intent
of thIS prOVlSlon that. all goods of Lesse~ ~elher upon the demised premises or not, shall be ,liable 10 distress for rent. Lessee waives in
favor of Lessor all rights under the prOVISions of all laws and/or roles of court and all supplements and amendments thereto that have
~ or may hereafter b~ passed which may interfer~ with t~e ox~rci~e of Lessor:s said rights, and lluthnrizes the sale of any goods dis.
tra!ned for r~nt at ~y tIme aft~ five days .from sal4 dlstramt Without ~ny appraisement and/or condemnation thereof. The Lessee further
waives the nght to Issue a Wnt of Replevm or t.o Issue any other wnt or C?mmence an~ other action '!'Ider any present or future laws
and/o~ rule of courtl for the recovery .of any art.lcles, hou~ehold goods, .furniture, etc. seIzed unde'r a distress for rent or levy upon an
execution for rent, aamages or otherwise: all waivers hereinbefore mentioned are hereby extended to apply to any such action; and/or
(e) ~ay lease said premises or any part or parts thereof to such person or persons as may in Lesaot's discretion seem best lUId the Lesaee
shall be liable fOf any loss of rent fOf the balance of the then current term.
.(4) Any re-entry or re-letting b)' .Ler:s.or under the terms he~! shsJl be without prejudice to Lessor's claim for damages and shall under
no cIrcumstances release Lessee from habl\lty for such dall13ges arising out of the breach of any of the covenants, terms and conditions of this
lease.
If the rent and/or any char~ resen:ed uncler this ~ease as rent shall remain unpaid on any day when the same is required to be paid,
Lessor may commence an appropriate aclion under applIcable laws and rules of court for the recovery from Lessee of all rent hereunder
(including aU accelerations of rentjlermissible under the provisions of this lease) and/or for all charges reserved hereunder as rent as
wel! as for inte!'!'st and costs; and I;essee here.by author!zes and empowers Lessor's attom~y to file with the said Complaint a confes~ion
of Judgment agamst Lessee and to Sign the said confeSSion as attorney for Lessee. Such Jud~ent shall be confessed against Les~e for
the amount of rent in arrears (including al! accelerations of rent permissible under the prOVisions of this lease) and/or for all charges
reserved hereunder as rent, as well as for Interest and costs; all together with an 'lttorney's commission of 5% of the full amount of
Lessor's claim against Lessee. ~either the right to file such Complaint nor the authority to confess judgment granted herein shall he
exhausted by one or more exercises thereof, but successive complaints may be filed and successive judgments may be entered for the afore.
described sums when or aiter they become due.
When this lease shall be terminated (either because of condition broken during the original term of this lease or any renewal or exten-
sion thereof and/or when and as soon as the term hereby created or -any extension thereof shall have expired) Lessor may commence an
action in ejectment or for possession against Lessee pursuant to any applicable laws and rules of court and to cause the entry of a judg-
ment by confession a,gainst Lessee, in such action of ejectment. for possession of the premises demised hereunder. Further in such action
Lessee hereby authonzes and empowers Lessor's attorney to sign the confession of judgment in ejectment as attorney fa; Lessee' and ~
writ of possession may is!ll1_e forthwith. If lor any reason whatsoever after said action shall have commenced the said action ;hall be
terminated and the possession of the premises demised hereunder shall remain in or be restored to Lessee, Lessor shall have the right upon
any subsequent default or defaults, or upon the termination of this lease as above set forth, to file complaints t9 commence successive
actions in ejectment and to enter successive judgments in ejectment for possession of the premises demised hereunder.
In the event a Complaint shall be filed pursuant to either Paragraph 18 and/or 19 of this lease, the original or a photostatic COPY or
like reproduction of this lease showing Lessee'$ signature shan be attaChed to the said Complaint. If the original is not attached t.essor
shall -a-rer tb-at tM. ropy -attach.ed is a true and c:au~t reproductwn o-f the orl8iwal.. 1f ncithu the original lease 1IOf a reproduction can be
attached, Lessor shall expalin in the Complaint why neither of the same is available.
~esse~ exJl!'tSsly agrees that ~y judgII!ent, order or decree en.tered against him by or in .any Cour~ by virtue of the powers of attorney
contamed Itl thIS lease, or otherWIse. shall be final, and that he Will not take an appeal, cerliorari writ of error exception or objection to
the same, or lile a motion or rule to strike off t;'r open or. to stay execu.tio!l. of the same, and relea~es to Lessor a~d to any and ail attorneys
who may appear for Lessee all errol'!l m the said proceedmgs, and all hablhty therefor. Lessee expressly waives the benefits of all laws
now or hereafter in force, exempting: any goods o,,! the demised premises. or elsewhere from distraint, levy or sale in any legal proceedings
taken by the Lessor to enforce any ngbts under thli lease. Lessee furtber autbori2ts the Clerk of Ihe Col!rt to issue a writ of execution or
other process, and further agrees that the .said real estate may be sold on a writ of execution or other process, If Lessor shall commence
proceedings to recover pos.session! either at the end of the term or sooner termination of this lease, or for non-payment of rent, or for any
other reasotl, Lessee specifically waives all rights to notice provided by any applicable laws and/or rules of court and agrees that five (5)
days' notice shall be sufficient in either or any such case. '
The right to enter judgment against Lessee and to enforce all of the other provisions of this lease hereinabove provided for may at
the option of any assignee of this lease, be exercised by allY assignee of the Lessor's right, title and interest in this lease in his he; or
their own name, notwithstanding the fact that any or all assignments of the said right. title and interest m'l not be executed andior wit-
DeS.sed in accord~ce with any ;;tpplicable laws or rules of court that have been or may here~fter be passe and Lessee hereby expressly
WlUVes the requirements of satd laws and/or rules of court and any and all laws regulating the manner and/or form in which such
assignments shall he executed and witnessed.
All of the remedies hereinbefore given to Lessor and all ri~htll and remedies given to him by law and equity shall be cumulative and con.
current. Na determination of this lease or the taking or recovenng of the p~ises shall deprive Lessor of any of his remedies or actions against
the Leuee for rent due at tb.e time or whicl1. under the terms hereof, would. in the future become due as. if there. ha. been no de~rmi.11ll.tkm., ()t'
for SUIllS due at the time or which, under the terms hereof, would in the future become due as if there had been no detenPination, nor shall the
brlngin,of any action for rent or breach of cOYenant, or the_resort to any other remedy herein provided for the recovery of rent be conlItrued
as a waiver of the right to obtain possession of the premise,.
In the evellt that the premises demised or any part thereof ill taken or condemned for a public or quasi-public use, this lease shall, as to the
part so taken, terminate as of the date title shall vest in the condemnor, and rent shall abate in proportion to the square feet of leased. apace
taken or condemned or shall cease if the entire premises be 90 taken. In either event the Lessee waives all claims against the Lessor by reason 01
the complete or partial taking of the demised premises, and it is agreed that the Lessee shall not be entitled to any notice wbatsoever of the
partial or complete termination of this Iease by reason of the aforesaid.
This Agreement of Lealie and all its terms, covenants and provisions are and each of them is subject and subordinate to any lease Or other
arrangement or right to po!lS1!ssion, under which the Lessor is In Control of the demised premises, to the rights of the owner or owners of the
demised premises and of the land or buildings of which the demised premisea are a part, to all rights of the Lessor's landlord and to any and all
mortgages and otber encumbrances now or hereafter placed upon the demised prell).iaes or upon the land and/Of the buildings contalnil1g the
llame; and Lessee expressly agrees that if Lessor's tenancy, control, or right to possession shall terminate either by expiration, forfeiture or other-
wise, then-this leaaeshall thereupon immediately terminate and the Lesseeshall, thereuJ?C?n, give immediate possellliion; and Lessee hereby nives
any and all claims for damages or otherwise by reason of such termination as aforesaid.
It is hereby mutually agreed that either party hereto may determine this lease at the end of said term by giving to the other party written
notice thereof at least... ....................... ............prior thereto, but in default of such notice, this lease shall continue upon the same terms and
conditions in force immediately prior to the elqJiration of the term hereof as are herein contained far a further period 01...... ... ............~.........
and so on from... ......................... ...to. .......................................................unIess or until terminated by either
fJ8:rly hereto, giving the other..........................................................written notice for removal previous to expiration of the then current term;
PROVIDED, however, that should tbis lease be continued for a further period under the terms hereinabove mentioned, any allowances given
Lessee 011 the rent during the original term shall not extend beyond such original term, and further provided, however, that if Lessor shall have
given such written notice prior to the expiration of any term hereby created, of his intention to change the terms and conditions of thia lease,
and Lessee shall not within..........................days from such notice notify Les90r of Lessee's intention to vacate the demised premises at the end of
the then current term, Lessee shall be considered as Lessee under the terms and conditions mentioned in such notice for a further term as above
provided, or for such hntbertflm as may be stated in BUth notice. In thee-yent that Lessee shall give notice, as stipulated in this lease, of inten-
tion to vacate the demised ~miaes at the end of the present term, or any renewal or extension thereof, and shall fail or refuse so to vacate the
SlIme on the date designated by such notice, then it IS e"Pressly agreed that Lessor shall have the option either (ll) to disregard the notice 80
given as having no effect, in which case all the terms and conditions of this lease shall continue thereafter with fullfon:e preciaely as if such
notice had not been ,ivett, or (11) Lessor may, at any time within thirty days after the present term or any renewal or extension thereof, as
aforesaid, give the said Lessee ten days' written notice of his intention to terminate the said lease; whereupon the Lessee expressly agrees to
vacate said premises at the cxpiration of the said period of ten days specified in said notice. All powers granted to Lessor by this lease may be
txeTcised and a11 obligations imposed. upon Luaee b-y this lease shall be petfOrtM.d by l.eBsee as well dud1\g any exwmon of the orlgina\ term
of this leaae at! durin, the original term itself.
All noticea reqUIred to be given by Lessor to Lessee shall be sufficiently Biven by leaving the same upon the demised premises, but notices
given by Lessee to Lessor must be It.iven by registered mail, and as against Lessor the only admissible evidence that notice has been given by
Lessee shall be a registry return receipt signed by Lessor or his agent.
It is expn:ssly understood and agreed by and between the parties hereto that this lease and the riders attached hereto and forming a part
hereof set fotth all the promises, agreements, conditions and understandings between Lessor or his Agent and Lessee relative to the demised
prem.lsts and that there are no promises, agrftments, conditions or \lnlk~ndtngo, eitM.r oral or written, bttween tM.m other than are. herein
set forth: It is further understood and agreed that, except as herein otherwise provided, no subsequent alteration, amendment, change or addition
to this lease tball be binding upon Lessor or Lessee unless reduced to writing and signed by them. '
All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind tlle several and res~tive
heirs, executors, administrators, successors and 119!llgns of said parties; and if there shall be more than one Lesaee, they shall all be bound jomtly
and severally by the terms; covenants and agreements hereill, and the word "Lessee" shall be deemed and taken to mean ellch and every person
or parly mentioned as a Lessee herein, be the same one or more; and if there shall be more than one Lessee, ;;tny notice required or permitted by
the tetflU\m thiakase may be given DyOf toll.nf one. the~f, and shall have the!l9.toe. [on:eand e.ffect Il.S if gl.Ve.n by ()t' to ill thereOf. The words
"his" and "him" wherever stated herein, shal be deemed to refer to the "Le!lSOr" or "Lessee" whether such Lessor or Lessee be singul.ar or
plural and irrespective of gender. No rights, however, shall inure to the benefit of any assignee of Lessee unless the allliignment to such alllilgnee
has been approved by Le!lSOr in writing as aforesaid.
lease~u:a~l;.=i~~:~.~:~:.~.~.~.~.~.~~.~.~:~..~.~..:.~~.~~..~:~..~~:..~.~~~:::~.~.~~.:~~.~~~.~:::.:~~.~=~::.~~..::~~.~~::~.:~..~~.i.~
.....................................................................................,..... This dep.osit is to be retained by Lessor untU the expiration o( this 1ease and shall be return-
able to Lessee provided that (1) premises have been vacate<l: (2) Lessor s"all have inspected the premi!lCll after such vacation; and (3) Lessee
shall have complied with all the ~s, covenants and conditions of this lealie, in ,,:,hich event the de~sit II? paid ~en:under shan be returnet!
to Lestiee; otherwiae, said sum deposited hereunder or a~y .part thereof may be retained by Le!lSOr at hlll.op\:!On, as bqUldatl!~ damages, ot ma)
be applied by Lessor agai1l8t any actual loss, damage or mJUry chargeable to Lessee hereunder or otherwlllt, If Lessor deteI'Jmnes that such loss.
damage or injury exceeds said sum deposited. Lessor's determination of the amount, if any, to be returned to Lessee shall be final. It is under.
stood that the said deposit is not to be considered as the last rental due under the lease.
Any headinp preceding the text of the several para.wapha and sub-paragraphs hereof are inserted solei). for con\'COience of reft'n'n('t! ilnd
~hall not con~titute a part of this lease nor shall they affect its meaning, construction or effect.
''"'"'' .~"..'. ,.
~ -<
EXHIBIT A.2
EXHIBIT A.3
I"JAIl.,otlon,
Imp"'''''enh
r.lMochlne'1
'" W.lghll
'.)flr.').,.,...,.
Ihl..,......lol
Good.
f11V_
P.".,I...
10.lo....,',Rl.hlo
(alln'P<lClrCHl.f
p,...I...
(b) tal.. and
RoIg.r..tlo..
(<JSare.rR".,
Sign
P"'""ell..
Parch...."..
T.......1o
IdjDI.centlnue
facllltl...ftIl
SoNlce
11. 'oo"a..lb1111..'
t.....
12..../IO./I.lblllly.f
L."....
'.1 TotaID.........
1l0no,p,...I...
IblPartl.ID.llfUc,
Il"n01 f,,,..I...
lc.lhp<d"a,.,.
"."
'''IO,,,..,.ro.
Inhlrf1lpl1on
.fU..
1.}R.......I.'l..
.IC""dllla.
."..ml...
III Io.lnt
13. .111....110"000.
Ao...menband
Condlll"".
101 Effect.fRo.
pel""nR.lllal
(bIA.".cy
leIWel..r.'
c.."...
("I Coadudol
l.....
I_I fallu", 0'
loo.......Re...I.
14. Re...die.of
L.....,
U.\FuriM._dle.
.fL......'
,~
_ ,-",~c ~', L' .. ,.__ ;.',c, '.'~ ;;...",' .,-,,.','.
.
"
.P::'d;~.]]tion or device;, and resd btdl'~n~ said walls, elc., to their former condition, and Lessee, HI I.e!lAOr'~ oplion, shall I)!.' li;\hll' to Lessor for 'rny
.. expenses so IOcurre y...,ssor. r ...
. (d) Make any alterations, imp~ovemen!s, or t1ddilions to the demised premises. All t1llerations, il\lpr~vements, additions or Ji!llurllll whether
~talled ~fore or after the execution of thIS lease, sh!l" remain upon the premises at the expiration or sooner detennination of this iease lInd
om~ t e property of Lessor,. unless Lessor shall, prior to the determination of this lease, have given written noti("C to Lessee 10 remove the
samj.. .10 ~hlch .event Lessee WIll remove such alterations, improvements and additions nnd restore the premi&ell to the same good order and
~~~I~~ ~'1di~ir~~a~h;:n~ow are, Should Lessee fail so to do, LesBOr may do llQ, collecting, at Lessor's option, the cost and expense thereof from
there~l, Use or operate any machinery that, in Lessor's opinion, is harmful to the building or dislurbing to other tenants occup}'ing other p.'lrts
(f) Place any weights in any portion of the dem":'ed pn:mi~ beyond the saf,; carrying capacity of the structul'('.
, (g) Do or ,suffer to he done, any act, matter or thmg o~Jectionable to the fire msurance companies whereby the fire insurance or any other
msurance now In force or hereaf~r to be placed on the demised premises, or any part thereof, or on the building of which the demilled premillell
l~y be a part, shall hecome VOid or suspende~, 0': whereby the same shall be rated as a mo'e hazardous risk than at the date of execution of
thiS ]e.ase" or employ anl' persol} or perso~s objectionable to the fire insurance companies or carry or have any benzine or exPlosive matter of
any kmd m and about the d~n.llsed premrses, In case, of a breach of thi~ covenant (in addition to all other remedies given to l.es8or in case of
the brea!=h of an~ of the condltl!-lns or covenants of thiS ICl;'-se) Lessee agrees to pay to Lessor as additional rent any and all increase or increases
of premrums on IOsurai,lce earned by Lessor on the demIsed premises, or any part thereof, or on the building of which the demised premises
may be a part, caused m any way by the occupancy of Lessee.
. (h) R,emove, a~tempt to remove or manifest. an inte~tion to re,move Le~'s good~ or property from or out of the demilled premises other-
~h:e~~r:; It~~e orr~hisal~::.d u~ual course of bUSiness, Without having first pard and satisfied Le9sor for all rent which may become due during
(i) Vacate,or desert said premises during the term of this lellSe, or permit the same to be empty and unoccupied,
Lessee covenants and ~grees tha! Lessor sh~1l have the riiht to do the following thinis and matters in and about the denulled premises:
(a) At ,all re!lsonable tImes by hImself I?r hiS duly authotlzed agentll to gO upon and Insptlct the demised premises and every part thereof
and/or at hiS opt',on to m~ke repaIrs, a]to:;ratlOns and additions to the demised premises or the buildirig of which the demised premises is a part'
(b) At any time or times. and from time tl? time to make such rules and regulations asin his judgment may from time to time be necessarY
for the ~fe~y, care and cleanliness of the premlllCS, and for the preservation of good order therein, Such rules and regulations shall when notice
thereof IS given to Lessee, forma part of this lease. '
. ,C')- To display a "for Sale" sig~ a~ any ti~e, and also, after notice from either party of intention lo determine this lease, or at any time
wlCh'n three months pflor to the explr~tlon of thiS lease, a "For Rent" sign, or both "For Rent" and "For Sale" silJns; and all of said signs shall
be placed upo~ such part of the P'7mrses as Lessor ,may elect and may contain such matter as Lessor shall reqUIre, Prospective purchasers or
tenants authotJ2ed by Lessor may IOSpeCt the premrses at reasonable hours at any time,
, ,Cd) The ~sor may discontinu~ all facilities furnished a!,d services 'endered, or any of them by Le550r, not expressly covenanted for herein,
ltbemgunderstood thnt they constltute no part of IheconslderPtion for this lease,
(a) Lesseeag~s to be resl?'lnsible f,!r and to relieve and hereby relieves the Le550r from all liability by reason of any injury ordamage to any
person or prope~ty In the dem,rsed prem.'se~, whether belonging to the Lessee or anr other person, caulICd byanf fire, breakage or Jea.kage in
any part or portIOn of the demrsed preml!;es, or any part or portion of the building 0 which the demised premises 19 a part, or from water rain
or sno",: that.may leak into~ issue or 1I0w from any part of the said premises, or of the building of which the demised premises is a part, or'from
the drams, pIpeS, orpl1,'mblOg work of the s:'-me, or from any place or quarter, whether such breakage, leakage, injury or damage be CDused by
or result from the negligence of Lessor or hIS servants or agents or any person or persons whatsoever.
(b) Les;seeal",!agreeB to ~ responsible for and to relieve,,;nd hereby relieves Lessor from all liability by reason of any damage or injury toan)'
))I!r~un or thing which nUl}' atlse from or be due to the use, mIsuse or abuse of all or any of the elevatol'll, hatches, openmlPf stairways hallwafll
of an)" kind whatsoever, which ma)' exist or hereafter be erected or constructed on the said premises, or from any kind of miury which' may arl~
ff?111 nny other cause whatsoever on the said premi9l,.'!I or the building of which the demised premises is a part, whether such damage, injury use
ml~llse or abuse be ('uulle<1 by or reBul1 from the negligence of Lessor, his servants or agents or any other person or persons whatsoever, ' ,
(a) In the eVI'Rl lhat the demi~d premises is tolally destroyed or 60 damaged by fire or other casualty not occurring through fault or negli-
gence of lhe Leo;see or those employed br or acting for him, that the same cannot be repaired or restored within a reasonable time, this lease
Shilll ab~olutely cease :md determine, am-I the rent shall abate for the balance of the term,
, (6) If the damage caullCd as above be unly pl\rtial nnd such that the premises can be restored to their then condition within a tealIOtIable
hOle, the ~s.'iOr mill', at his option, reslore the same with reasonable promptnt'flS, reserving the right to enter upon the demised premises for that
purposc. '1 he Lessor alliO rcservC!l the rij:hl to enter upon the demised premille$ whenever necessary to repaIr damage caused by fire or other
('llsualt)" to the building IIf which the den\Hled premillCs IS a part, even though the effect of such entry be to render the demised premises or a part
thl'reuf untenantable. In either event the rent shall be appnrLioned and suspended during the time the Lessor is in possession, taking into account
the pmportion of the demised premiliCB rendered untenantable and the duration of the Lessor's possession. If a dispute arises as to the amount
IIf rent due under lhi~ dallse, LellllCe aKI'l'('s tu p.'lY the lullllmount claimed by Lessor, Lessee shall, however, have the right to proceed by law
tllrecovertheexcesspayment,irany,
(,) Le550r shall make sm,h det.tion tll repair the premises or terminate this lease by giving notice thereof to Lessee at the leased premises
within thirty days from the day Les,wr rceeived notice that the demised premises had been destroyed or damaged by fire or other casualty,
(d) Lessor shall nut be liable for any damage, compensation or claim by rea60n of inconvenience or annoyance arising from the necessity
of repairing any porlillll of the huilding, the interruption in the use of the premises, or the termination of this lease by reason of the destruction
ufthepremises.
(~) The Lessor has let the uemi..etl premist.'l' in their prellCnt condition and without any representations on the part of the Lessor, his officers,
I'nlplo)"L'CS, liervanl~ anu/or a!(Cnts, It is understood and agreed that Lessor is under no duty to make repairs or alterations at the time of letting
or irtllny lime thereafter.
(j) It is underslood and agn'ed that the I.tJssor hereof does not warrant or undertake that the Lessee shall be able to obtain a permit under
any loning Ordinllnce or Regulation for /Iuch use as Lessee intends to make of the said premises, and nothing in this lease contained shall obligate
the l.tJ"wr to assist Le!l'l(le in obtaining said permit; the Lessee further agrees that in the event a permitcanl10t be obtained by Lessee under any
1.oning Ordinance or Regu]ation, this lease shall not terminate without Lessor's consent, and the Le~see shall use the premises only in a manner
permitted under such 1.oning Ordinance or Regulation,
(a) Nocontract entered into or that may be subsequently entered into by Lessor with Lessee, relative toany alterations, additions, improve-
ments or re~irs, nor the failure of Lc~sor lo make such alterations,additions, improvements or repairs as required by any such contract, nor the
making by Lessor or hisllgenls or conlracturs of such alterations, additions, improvements or repairs shall in any way affect the payment of the
rent or said Olhcr chargesaL the time~pecifiedin this lease.
(b) It i~ hereb)' expressly agreed and understood that the said_............._.....................................................................................is acting as agent
only and shall not in any event be held liable 10 the owner or to Lessee fur the fulfillment or non-fulfillment of any of the terms or conditions of
this leal;!', or for anI' action or proceedings that may be taken by the owner against Lessee, or by Lessee against the owner,
(c) It is hereby ('Ovenanted and agreed, :my law, usage or custom lo the contrary notwithstanding, that Lell9Ol'shall have the right at all
timl'" to enforce the covemlOb and provisions of this lease in strict accordance with the terms hereof, notwithstanding any conduct or custom
un the parl uf the LcllMlr in refraining from sodoingat any time or times; and, further, that the failure of Lessor at any time or times to enforce
his rights under ';"'litl convenants an~ provisionB stri.c~ly in accordance with th,t same shall not ~ ~nstrued as having created,a custom ill any
Wil)" or manner mnlrllry to the specIfic terms, provrslons and covenants of thiS lease or as havlOg 10 any 'waf or manner modified the Illlme.
(d) This lease is granted upon the expreSli cundition that Lessee and/or the occul?llnts of the premises herem leased, shall not conduct them-
Helves in a manner which the Lessor in his sole opinion may deem improper or objectionable, and tbat if at any time during the term of this
Icalle or any extension or l'Ontinuation thereof; Lessee or any occupier of the !lllid premises shall have conducted himself, herself or themselves
in 1I manner .which Lessor in his sole opinion deems improper or objectionable, Lessee shall be taken to have broken the covenants and conditions
of lhis lease, and Le!;l;Or will he entitled to all of the rights ;Ind remediea l'(tIInted and reserved herein for the Lessee's failure to observe any of
the covcnantsand condillons or this leasc,
(e) In theevent of the failure of Lessee promptly to perform the covenants of Section 8 (b) hereof, Lessor may go upon the demised premises
and perform such ('{lvcmmts, the cost thereof, at the sole option of Les.'lor, to he charxed to Lessee as additional and delinquent rent,
Iflhewsce
(II) Does not pay in full when due any and all installments of rent and/Ol' any other charge or payment herein reserved, included, or agreed
to be treated or collected as rent and/or any other charges, expenses, or costs herein agreed to be paid by the Lessee; or
(b) Violates or fails to perform or otherwise breaks any covenant or agreement herein contained; or
(c) Vacates the demised premises or removes or attempts to remove or manifests an intention to remove any goods or property therefrom
without having first paid and satisJied the Lessor in full (or all rent and other charges then due or that may thereafter become due until the full
end and expiration o( the then current term, above mentioned; or
Cd) Becomes embarrassed or insolvent, or makes an assignment for the benefit of creditors, or if a petition in bankruptcy is filed by or
against the Lessee or a bill in equity or other proceedings ror the appointment of a receiver for the Lessee is filed, or if proceedings for reorgani-
zation or for composition with creditors under aliy State or Federal law be instituted by or against Lessee, or if the real or personal property
of the Lessee shall be sold or levied upon by any Sheriff, Marshal, or Constable.
then and in any or either of said events, there shall be deemed to be a breach of this lease, and thereupon ipso facto and without
entry or other action by Lessor:
(1) The whole balance of rent and other charlJ"s, payment~, costs and exQCl1&es herein agreed to be paid by the Lessee or My part thereof
and also all costs and officers' commissions includmg watchmen's wages and further includin, the five percent chargeable by Act of Assembly
to the Lessor, shall be taken to be due and payable and in arrears as if by the terms and.rrovlSions of this lease said balance of rent and other
char~es, payment, taxes, costs and expenllell were on that date, payable in advance; an if this lease or any part thereof is assigned or if the
premu;es, or any part thereof is sub-let, Lessee hereby irrevocably constitutes and appoints Lessor Lessee's a~nt to collect the rents dUe by
such assignee or sl.lb-Iessee and apply the same to the rent due hereunder without in any way affecting Lessee s obligation to pay any unpaiq
balance of rent due bereunderj orin the event of any of the foregoing at any time at the optton of Lessor;
(2) This lease and the term hereby created shall determine and become absolutely void without any right On the part of the Lessee to
&ave the forfeiture by payment of any sum due or by other performance of any conditton, term or covenant broken: whereupon, Lessor shall
be entitled to recover damages for such breach in an amount equal to the amount of rent reserved for the balance of the term of this lealle, less
the fair tental value of the said demised premises, for the residue of said term.
In the event of any default as above set forth in Section 14, the Lessor, or anyone acting on Lessor's behalf, at Lessor's option:
(a) May without notice or demand enter demised premises, breaking open locked doors if necessary to effect entrance, without liability
to action for prosecution or damages for ~cb entry or for the manner thereof, for the purpose of distrainlOg or levying and for other purposes,
and take possession of and sell all goods and chattels at auction, on three days' notice served in person on the Lessee, or left on the premises
and pay the said Lessor out of the proceeds, and even if the rent be not due and unpaid, should the Lessee at any time remove or attempt to
remove goods and chattels from the premises otherwise than in the ordinary and usual course of business, without leaving enoulh thereon to
meet all rent which may become due during the entire term of this lease, Lessee authorizes the Lessor to follow for a J?l!riod 0 ninety daYB
after such removal, take possession of and sell at auction, upon like notice, sufficient of such goods to meet the then unpaid balance of all rent
which may become due during the entire term of this lease; and the Lessee hereby releases and discharges the Lessor, and hil\"agents from all
claims, actions, suits, damages and penalties, for or by reason or on account of any entry, distraint, levy, appraisement or sale, and70r
(b) May enter the premises, and with!ut demand proceed by distress and sale of the goods there found to levy th\, rent and/or olher
charges herein payable as rent, and all t;0lI s and officer's commissions, including watchmen's wages and sums chargeable to Lessor, and
;"..th_~..,.t"';;nD" ~ ~"m-.....",l-'"'-"'%",,,( th,. ~m,.,nnt,.,f Ih.. It'Vv ~~ Nlmm;_.s;nn, tn th.. ~(ln,mhko (lr nrh"r n..rsnn m~kin... tlow tevv. shall be !
~ '"~ ".. ," ,~ ~, ~~ ..,-~'"
.~" '.'," ~,'. ,'-"' ~>~ =, ""-, -~>,' . ''^'"'^'''
~
In Witness Whereof, the partie$ hereto have executed theR presents the day and year lirst above written. and intend to be legally
bound thereby.
SEALED AND DELIVERED IN THE
PRESENCE OF:
....AgmI
. ............mmm mmmme
.e
'".........................................................~
.............................................~
~ ;-i ~
~ ~j ~
~'
rJ:J. ~
< g ~
. , ~ ~ ~
~ Ii ~ <:::i'i (;'1
\Si ,; 'J
~ A ~ ~ ).) ~ <31
/; ~
J1 ~ <il
. '-\- i
" l ~
~ ~ .
FOR VALUE RECEIVED.
......................herebya!l8igu, tran$fer and set over unto. ............................................
Executors, Administrators and assigns all.... ......................right. tide and interest in the within
and aU benelit and advantages to be derived therefrom.
WITNESS........... ......".......hand and seal this....
........dayoI.........................
.........................A.D.19.
SEALED IN THE PRESENCE OF }
EXHIBIT A.4
,,,- -,' ~." "
e_.'
""0
, ~~ . \ ';.---{~-
PAUL BRADFORD ORR
LAWQFFICES
50 EAST HiGH STREET, CARllSLE, PA 17013
PHONE (717) 258-8558
FAX (717) 258-5289
F(L E
t(Q)~Y
Paul Bradford Orr, Esquire
Karl E, Rominger, Esquire
Gregory- L. Cutler, Esquire
EMAIL info@orrIaw.com
www.orrlaw.com
Heather L. Malavenda, Paralegal
December 10,1999
Mr. and Mrs. Joseph Ruda
945 Doubling Gap Road
Newville, P A 17241
CERTIFIED MAIL -
RETURN RECEIPT REQUESTED
Dear Mr. and Mrs. Ruda:
I have been retained by Barbara Weidner to represent her in a dispute over a lease
you have with her at 429 Ponderosa Road which was executed on December I, 1999. She
would at this time like to rescind this lease and revoke all the provisions thereto.
The property is uninhabitable as it is. The furnace will not work. The water is foul.
The house is beset with a slew of minor additional problems. Therefore, it is our position
that Ms. Weidner need not move into this property but instead her security deposit should
be returned, along with the rent paid for the month of December. The house has been
uninhabitable for the entire period of December.
Further, my client incurred expenses in fixing the kerosene tank and in filling it with
kerosene. She is contacting Agway Energy Products to seek removal of kerosene to recoup
some of the cost but additional monies may have been lost, including those spent to place a
gauge on the tank.
Therefore, we demand that you return $920 for the December rent and security
deposit to settle this claim in full. IF all monies have not been returned within ten (10) days
of your receipt of this letter, then we will find an action with the local district justice seeking
both the rent, the security deposit, and any and all other damages, fees, and costs which
may be applicable, which would be in the neighborhood of approximately $!,500.
If you have any questions, please contact your attorney, or, if you do not wish to
seek representation, you may negotiate with me directly. You are not to contact my client
Barbara in these matters but are to speak only to me.
Sincerely,
Karl E. Rominger
KER/lsc
CC '. H...R,3ARil U;f '0") foiC
EXHIBIT B. 1
ENDER:
. Complete items 1 and/or 2 for additional seNices.
. Complete items 3. 4a, and 4b.
. Print your name and address on the reverse of this form'so thai we can return this
card to you.
. Attach this form to the front of the mailpiece, or on the back if space does not
perm".
. Write "Return Receipt Requested" on the mailpiece below the article number.
. The Return Receipt wlll show to whom the article was deliva'red and the date
deliver.:..d.
3. Article Addressed to:
11(' 4 Mrs :Jo,,;e.f'h RlActo-
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PS Form 3811, December.1994
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I also wish to receive the
following services (for an
extra fee):
1. D Addressee's Address
2. D Restricted Delivery
Consult postmaster for fee.
4a. Article Number
:2 0/3
4b. Service Type
D Registered
D Express Mail
o Return ReceipUor Merchandise
7. Date of Delivery
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8. Addressee's Addres
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EXHIBIT B.2
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EXHIBIT C
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SHERIFF'S RETURN - REGULAR
<
CASE NO: 2000-03419 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEIDNER BARBARA
VS
RUDA JOSEPH ET AL
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
RUDA JOSEPH
the
DEFENDANT
, at 0013:36 HOURS, on the 14th day of June
, 2000
at 944 DOUBLING GAP ROAD
NEWVILLE, PA 17241
by handing to
TERRI RUDA (WIFE)
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Aft idavi t
Surcharge
18.00
8.06
.00
10.00
.00
36.06
So Answers:
~~
R. homas Kline
06/15/2000
ROMINGER LAW ASSOCIATES
Sworn and Subscribed to before
By:
~~~
n" y heriff
me this .1I..v- day of
~ .;lb7.J1l . A. D .
~t'hon~a~ ~
"
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-mw:
SHERIFF'S RETURN - REGULAR
"
CASE NO: 2000-03419 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEIDNER BARBARA
VS
RUDA JOSEPH ET AL
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
RUDA TERRI
the
DEFENDANT
, at 0013:36 HOURS, on the 14th day of June
, 2000
at 944 DOUBLING GAP ROAD
NEWVILLE, PA 17241
by handing to
TERRI RUDA
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So ;?~~~!
R. Thomas Kline
06/15/2000
ROMINGER LAW ASSOCIATES
Sworn and Subscribed to before
W!~
Deput rif
By:
me this .:JlAf day of
~ ,2.011{) A. D .
Qr- () 7"vt ,Ifj~.) ~
P othonotary ,