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HomeMy WebLinkAbout01-5677COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT 09-1-02 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appea~ from the judgment rendered by the District Justice on the date and in the case mentioned below. Mark Camp/si TDBA USA Homes Loans .................. Robert V. Manlove 505 Hansen Avenue Butler PA 16001 Detweiler Enterprises, ~ ......... ~ 9-20-01 Inc. Mark Camp/si TDBA USA Home Loans CV~: 0000228-01 I LT 19 ~ . . J This block will be signed ONLY when this notation is required under ~ R.C.P.J.p. No. 1008B. If appe//ant was C/a/mant (see Pa. R.C.P.J.P. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Just/ce, be a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after f/ting his NO T/CE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appe//ant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(?) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appea/ to be served upon appe//ee). PRAEClPE: To Prothonotary Enter rule upon Detweiler Enterprises, Inc. , Name of appellee(s) , appellee(s), to file a complaint in this appeal (C°mm°n Pleas N°'~'/-- - ~1-'77 ~ I ~' L"7-~-,~1~ with in twenty (20) da~fter ~,~dgment of non pros, RULE: To. Detweiler Enterprises, Inc. $~nature of appellant or his attorney or agent Name of appellee[si , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTER ED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. 'g~atur~ of ~rot~on~tar~ o O~ty AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service)_ 19 , [] by personal service [] by (certified) (registered) mail, sender's on receipt attached hereto, and upon the appellee, (name)_ ' 19 [] by personal service [] by (certified) (re§istered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complain{ accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19 . [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS. DAY OF_ , 19 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on , 19 . · C. OMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dist. No: 09-1-02 DJ Name: HOp Address: 1901 STATE STREET CAMP HILL, PA Telepho~:(717) 761-0583 17011-0000 MARK CAMPISI TDBA USA HOME LOANS 505 HANSENAVE BUTLER, PA 16001 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS FDETWEILER ENTERPRISES, INC. 3310 MARKET ST CAMP HILL, PA 17011 L VS. DEFENDANT: NAME and ADDRESS FMARK CAMPISI TDBA USA HOME LOANS 505 HANSEN AVE BUTLEH, PA 16001 L IDocket No.: CV- 0000228- 01 Date Filed: 7/09/01 THIS IS TO NOTIFY YOU THAT: Judgment: [~ Judgment was entered for: (Name) E~ Judgment was entered against: (Name) in the amount of $ ~:471 .~ on: r-] Defendants are jointly and severally liable. ] Damages will be assessed on: E~ This case dismissed without prejudice. [] Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ~ Levy is stayed for days or [] generally stayed. ~ Objection to levy has been filed and hearing Mill be held:g!- (Date of Judgment) q/20/01 (Date, & Time) Amount of Judgment Judgment Costs Interest on Judgment , Atto[ney Fees Total ~, ~,;,' "' Post dudgment Credits Post Judgment Costs Certified Judgment Total $. 3,400.0(~ $ 71.0(] $ .01 $ .00 $ 3,471.00 Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU My commission expires first Monday of January, AOPC 315-99 iC T F M WITH YOUR NOTIC,E OF APPEAL. , District Justice COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, Appellee, VS. MARK CAMPISl t/d/b/a USA HOME LOANS, Defendant, Appellant. Civil Term No. 2001-5677 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT Filed on Behalf of: Defendant/Appellant Counsel of Record for this Party: Matthew F. Marshall, Esquire PA ID# 72853 DILLON McCANDLESS KING COULTER & GRAHAM L.L.P. 501 Smith Drive, Suite #3 Cranberry Township, PA 16066 (724) 776-6644 PROOF OF SERVICE OF I~OTICE OE APPEAE AND RULE- TO FILE COMPLAINT · This proof of~servic~MUST BE FILED WITHIN TEN '101 DA YS AFTER filing the notice of a~Deal. Check apphcaO~ Doxes) CONIMONWE~LTH Of~ PENNSYLVAf~tA COUNTY OF Cum]~erland, . AFFIDAVIT: hereby swea* or a ..... ~na~ servea tX1 a copY of the I~ot ceof~Appeal Com.m~,n ?]~as,~9,-,,~7, , _ . ~ 'J ' ': --'U''I II October '4 ' ~¢{~200.~- ' ~1 by personal service ~ by (certif.ied , ~.eg s~e~e~ ma,~, s~deUs ~a[e o~serwce . ~ ' '~'ue~ez-- ' ~= ~e=-~&s'es~. _~ ZQ8. O~o~ ~ ~ 20~ [~y persona service ~ bv Jcertified reg~s[erea mau. sedder%rece otazzacRe~'heretd. ~ and' fu~e~ that I served the Rule to File & ~mJ~bh~t- ~cemoanyCng ~he'aoove No6c~of AD.al uJ~on the aopeJJee(s to wnom the Rule was aadressed on Octobe~ ~ ~00Z ~ Cy oe,sonm serv,ce ~by tcertihed) ~reg sterea~ SWORN ~FFIRMEB AND,~sUB..SC~.~J~ED BEFORE ME, ' Notarial Seal ! Sandra A Wargo Notary Public [ Cranberry Twp., Butler County M~ommission Expires June 17. 2002 $ignatuce of bTf~nt COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETVVEILER ENTERPRISES, INC., Plaintiff, Appellee, VS. MARK CAMPISl tJd/b/a USA HOME LOANS, Defendant, Appellant. Civil Term No. 2001-5677 [.R...o.._b___e_~:~..._V___._ M_.a_n_.~Q.v..~_,._.D_£st~i~_t Just ] 901 S~a:l;e. S.tre~t ............................... /'~'~,'~:~,-:l~;~ ............. ~mo Hill, PA 17011 Postage Certified Fee Return Recep Fe (Endorsement Require( tRestricted Delivery Fe Endorsement Requirec Total Postage & Fee~ (Please Print Cleady) (to be completed by mailer) 1 .~-0 COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA DETVVEILER ENTERPRISES, INC., : Plaintiff, Appellee, : VS. MARK CAMPISI t/d/b/a : USA HOME LOANS, Defendant, Appellant. : Civil Term No. 2001-5677 CERTIFICATE OF SERVIC~= I hereby certify that a true and correct copy of the within PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT was served on those listed below, by mailing same by certified mail, return receipt requested, postage prepaid, on this ~ day of October, 2001: Robert V. Manlove, District Justice 1901 State Street Camp Hill, Pennsylvania 17011 Detweiler Enterprises, Inc. 3310 Market Street Camp Hill, PA 17011 Bruce D. Foreman, Esquire 4409 North Front Street Harrisburg, PA 17110 Matthew F. Marshall, Esquire Attorney for DefendantJAppellant NICHOLAS & FOREMAN, P.C. COUWI OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC.. Plaintiff/Appellee vs. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC. Defendant/Appellant Civil Tem~ No. 2001-5677 Civil Action - Law NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fbrth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you 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 PlaintifE You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE~ 1F 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. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 NICHOLAS & FORE,~N, P.C. By: ,/B~ceq). l~6re~a~'Esqsi~e 4409 North Front Street Harrisburg, PA 17110 (717) 236-939l ID #21193 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS, and BANKERS FINANCIAL SERVICES, INC. Defendant/Appellant Civil Term : No. 2001-5677 CIVIL ACTION - LAW NOTICIA Le han demandado a Usted en la corte. Si Usted quiere defenderse de estas demandas expuestas en las paginas siguientes, Usted tiene vieme (20) dias de plazo al partir de la fecha de la demanda y la notificacinn. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objecinnes a las demandas an contra de su personal. Sea avisado que si Usted no se defiende, la corse tomara medidas y puede entrar una ordan contra Usted sin previn aviso o notificacinn y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para Usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 NICH~ FORE~AN, P.C. BY: ~ ~~~n, Esquire 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 ID #21193 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS, and BANKERS FINANCIAL SERVICES, INC. Defendant/Appellant Civil Term : No. 2001-5677 CIVIL ACTION - LAW COMPLAINT AND NOW comes Plaintiff, Detweiler Enterprises, Inc., by and through their attorneys, Nicholas & Foreman, PC, and in support of its Complaint avers as follows: 1. Plaintiff is a Pennsylvania Corporation with principal offices located at 3310 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendants are USA Home Loans and Mark Campisi, an adult individual, and Bankers Financial Services, Inc., a Pennsylvania corporation, each of whom has as a principal place of business 505 Hansen Avenue, Butler, Pennsylvania 16001. 3. Each of the Defendants, at all times, acted individually and as agents for each other on all relevant matters. 4. On or about June 27, 2000, Plaintiff and Defendants entered into a written Lease for Real Estate whereby Plaintiff leased to Defendants, individually and severally, Suite B, Second Floor, 5137 Devonshire Road, Harrisburg, PA 17112, approximately 695 square feet office space. A tree and correct copy of the said Lease is attached hereto, labeled as Exhibit "A" and made a part hereof. 5. The written Lease aforesaid was to mn for a period of six months and then, unless terminated 60 days before the end of the term, to renew. 6. On November 1, 2000, Mark R. Campisi, individually and as agent for the other Defendants, asked for and was granted by Plaintiff an extension of the Lease for a period of six (6) months through July 31, 2001. A tree and correct copy of the written request for extension and approval thereof is attached hereto labeled Exhibit "B" and made a part hereof. 7. Without right, Defendants vacated the premises during the term of the Lease and failed to make rental payments for the months of March 2001; April 2001; May 2001; June 2001; and July 2001, a total of five (5) months. 8. Rent was due, under the terms of the aforesaid Lease, in the amount of $695 per month or a total principal rental of $3,475 for the five (5) months defaulted. 9. The aforesaid Lease mandates that all rental payments not timely paid accrue a late charge of $35 and, based upon five (5) months not paid on time, the total late charge demanded and due to Plaintiff from Defendants is in the sum of $175. 10. The aforesaid Lease, requires the Defendants to pay, as additional rent, ail sums which may become due by reason of the failure of the Defendants to comply with the conditions of the Lease including, costs and expenses which the Plaintiff suffers by reason of any default, whereby Plaintiff demands and is due legai fees in the sum of $1,500. 11. Defendants are further indebted to Plaintiff for painting of the unit for the sum of $285 and advertising the unit in the sum of $433 and $695 for the negotiating ora Lease. 12. The total sums due from Defendants to Plaintiff are in the sum of $6,563 less a security deposit retained in the amount of $695 for a total net indebtedness of $5,868. WHEREFORE, Plaintiff respectfully requests judgment against the Defendants, jointly and severally, in the amount of $5,868 together with interest from the date due and court costs. Dated: I ¢ Z~]//df~ Respectfully submitted, NICHOLAS & FOREMAN, P.C. BY: Atty ID No. 21193 4409 North Front Street Harrisburg, PA 17110 717-236-9391 Attorneys for Defendants VERIFICATION I verify that the statements made in foregoing Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Detweiler Enterprises, Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS, and BANKERS FINANCIAL SERVICES, 1NC. Defendant/Appellant Civil Term No. 2001-5677 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Brace D. Foreman, Esquire, do hereby certify that on this, the [[l/;i)day of October, 2001, I served a tree and correct copy of the Complaint, by sending the same by first class U.S. mail, postage prepaid, addressed as follows: USA Home Loans Mark Campisi c/o Matthew F. Marshall, Esquire Dillon, MeCandless, King, Coulter & Graham, LLP 501 Smith Drive Suite 3 Cranberry Township, PA 16066 Bankers Financial Services, Inc. 505 Hansen Avenue Butler, PA 16001 NICHOLAS & FOREMAN, P.C. Bm~e D. l~orermar~luire Atty. ID #21193 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI tYd/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term : No. 2001-5677 PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT Filed on Behalf of: Defendants Counsel of Record for this Party: Matthew F. Marshall, Esquire PA ID# 72853 DILLON McCANDLESS KING COULTER & GRAHAM L.L.P. 501 Smith Drive, Suite #3 Cranberry Township, PA 16066 (724) 776-6644 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Mark Campisi tYd/b/a as USA Home Loans and Bankers Financial Services, Inc., by and through their attorneys, Dillon McCandless King Coulter & Graham L.L.P., and file the following preliminary objections to Plaintiffs Complaint: 1. Plaintiff instituted this assumpsit action for rental payments allegedly due under a lease for office space between Plaintiff and USA Home Loans. Plaintiff did not attach a copy of the lease agreement to its Complaint served upon Defendants. 2. Plaintiff's claim against Defendant, Mark Campisi, is based on its allegation that Mark Campisi is a party to the lease agreement. 3. A copy of the lease agreement that is the subject of this action is attached to these Preliminary Objections as Exhibit "1". 4. Plaintiff and Defendant, USA Home Loans, are the only parties to this agreement. 5. USA Home Loans is a registered fictitious name of Defendant, Bankers Financial Services, Inc., which is a Pennsylvania corporation. A true and correct copy of the Department of State record showing that USA Home Loans is a registered fictitious name of Bankers Financial Services, Inc. is attached hereto and incorporated herein as Exhibit "2". 6. Plaintiff failed to state a cause of action against Defendant, Mark Campisi, because Mark Campisi is not a party to the lease agreement. WHEREFORE, Defendants respectfully request this Court to dismiss Plaintiff's claim against Mark Campisi in the above captioned matter. Respectfully submitted, DILLON McCANDLESS KING COULTER & GRAHAM L.L.P. By: Matthew F. MarshaZ{,~'~Efsquire Attorney for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI t/dgo/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 ORDER OF COURT On this day of ,2001, it is ordered that the Preliminary Objections in the nature of a demurrer of Defendant, Mark Campisi, are sustained and this action is dismissed as to this Defendant. BY THECOURT: PRINCIPALS PROPERTY SPECIAL CLAUSES ADDENDLrM' INITIALS LEASE 'FOR REAL ESTATE PART ONE OF A TWO PART AGREEMENT ............................................... ~'""~'~'~'~"'/~'~,~ ~.~.1 ~, .~0 I ..... · ~..t....,~. ~ .............. ~ ...... ~.......~.~.~ ...................................................................................... Paid$~ ' _ Dues . L- 1969 R~¥, 1/78 LE{SJE ................... LESSEE ................... LESSEE ................... L ES S O R'~;:~t~,~-~) i~$SOR AG ~ART TWO OF A TWO PART AGREEMENT GENERAL LEASE TERMS AND CONDITIONS T~Js form recommended and ap;)roved for, but not restricted to. use by member~ of the Pennsylvania Association of REALTORS® FORM L.1G (REV, 1.78) (9.75) r the ri filM( A~ent Entire 776 5608 DMK ~ ESQUIRE ASST ~002 Microfilm APPLICATION FOR REGISTRATION OF FICTITIOUS NAME In compliance with the rcquh'ements of 54 Pa.C.S. 311 (relating to registration), the undersigned entity(les) desiring to regL~ter a fictitious name under $4 Pa.C.S. Ch, 3 (relating to fictitiou~ names), hereby state(s) thai: 1. The fictitious name is. USA HOME LOANS A brief statement of the character or nature of the business or other activity to be carried on under or through the fictitious name is: mortgage and lending services and other lawful buslneSn 3. The address, including number and street, if any, of the principal place of business or other activity to be carried on under or through the fictitious name is (P.O. Box alone is not acceptable): 220 ~. Main Street, Suite B-8 Butler PA 16001 Butler Number and Street City State Zip County 4. The name and address, including number and street, if any, of each individual interested in the business is: N/A Name Number and Street City/State Each entity, other than an individual, interested in such business is (are): Name Form of Organizlr~ Principal'Office Organization Jurisdiction Address Bankers Finan~;a[ Services, Ing, a Pennsylvania corporation PA Registered Office, if any 220 S. Main Street, Suit~ B-8. Butler, PA 16001 The applicant is familiar with the provisions of 54 Pa.C.S. _332 (relating to effect of registration) and understands that filing under the Fictitious Names Act does not create any exclusive or other right in the fictitious name. -- ~ ESOUIRE ASST ~003 Optioaal: The name(s) of the agent(s), ifaay, any one of whom is authorized to execute amendments to, w/thdrawais from or cancellation of'this registration in behalf of afl then existing parties to th/s registration, is (are}: IN TESTIMONY WHEREOF, the undersigned hav~ caused th/s Application for Registration of Fictitious Name to be executed this _~)4~, day of ~ 1999. (individual signature) (Individual Signature) {'Name of.Entity) By: _ Title (individual signature) (Individual Signature) _Bankers Financial Services, Inc. ('Name of Entity) Mar~ampisi, President I, Mark Campisi, state that I am the Presider of Banl~ers Financial Services, Luc., t/d/b/a USA Home Loans, the Plaintiff in th~ within ac'lion; that the attached doc-umeut is based upon facts of which I have pe~onal kllowl~lg~ or illformatlon furnished lo rllel that the language of the doctunent is tha~ of ~ou~se, l and not my ow~; a~d that the fac'ts set forth in the forgoing documeut are true and correct to the best of my lmowledge, iaformation and belief. I understand that the statem~ts heroin are made sut~ect to the penalties of 18 Pa. Cons. Stat. A~a., Section 4904 r~lating to uaswom falsifications to ant~orities, BANKERS FINANCIAL SERVICES, I~C. t/d/b/a USA HOME LOANS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., : : Plaintiff, : VS. MARK CAMPISI t/d/b/a : USA HOME LOANS and BANKERS : FINANCIAL SERVICES, INC., : : Defendants. : Civil Term No. 2001-5677 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT was served on counsel listed below, by mailing same via U.S. mail, postage prepaid, on this ~'~- day of~,~"01: Bruce D. Foreman, Esquire 4409 North Front Street Harrisburg, PA 17110 Matthew F. Marshall, Esquire Attorney for Defendants PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be bZ~ewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: pl-~-~e l i st the within matter for the next ~t Co,irt. CAPTION OF CASE (e~tiz~ caption must be stated in f~lll) Detweiler Enterprises, Inc. ( p1 aintiff ) Mark Campisi t/d/b/a USA Home Loans and Bankers Financial Services, Inc. ( Defe~nt ) No. 5677 civil X~ 2001 State matter to be argued (i.e., plaintiff's motioa for new trial, defendant's demurrer to c~,~l~t, etc. ): Preliminary Objections to Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: ~ess: Bruce D. Foreman, Esquire, 4409 N. Front St., HEG, PA 17110 (b) for defendant: Matthew F. Marshall, Esquire, 501 Smkith Driive Suite 3, Cranberry Township, PA 16066-4133 I wi 11 notif~ al I ~ ~ ~it~g ~ ~ ~s ~t ~ ~e ~ ~ 14~t~ for ~t. 4. ~t Court Date: January 2, 2002 orney Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendant/Appellant Civil Term No. 2001-5677 Civil Action - Law CERTIFICATE OF SERVICE I, Brace D. Foreman, Esquire, do hereby certify that on this, the ~_[__~ay of November, 2001, I served a tree and correct copy of the Praecipe to list Preliminary Objections by sending the same by first class U.S. mail, addressed as follows: Matthew F. Marshall, Esquire Dillon, McCandless, King, Coulter & Graham, LLP 501 Smith Drive Suite 3 Cranberry Township, PA 16066 NICHOLAS & FOREMAN, P.C. Bruce D. Foreman, Esquire Atty. ID #21193 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 CERTIF~E A TRUE COPY: NICHOLAS & FOREMAN, P.C. 4409 NORTh i-~,JN'l STREET HARRISBURG, PENNSYLVANIA 17110-1709 (717) 236-9391 DETWEILER ENTERPRISES, INC., Plaintiff Vo MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 2001-5677 CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE To the Prothouotary: Kindly cntcr thc appcarance of the undersigned as counsel to the Plaintiff in the above- captioncd mattcr. Charles Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. DETWEILER ENTERPRISES, INC. (Plaintiff) MARK CAMPISI t/d/b/a USA HOME LOANS, and BANKERS FINANCIAL SERVICES, INC. (Defendant) No. 5677 CIVIL 2001 State matter to be argued: Preliminary objections to Complaint Identify counsel who will argue the case: (a) for the plaintiff: Charles Rees Brown, Esq., 4409 N. Front St., Hbg., PA 17110 (b) for the defendant: Matthew F. Marshall, Esq., 501 Smith Drive, Suite 3, Cranberry Twp., PA 16066 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: January 2, 2002 Dated: December 11,2001 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 .' ORDER OF COURT AND NOW, this 1 lth da~ of December, 2001, upon consideration of the foregoing Motion to Continue Argument, it is hereby ORDERED that the argument scheduled before me on Wednesday, December 12, 2001 is continued for at least thirty (30) gays. The Court Administrator shall reschedule argument. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DETWEILER ENTERPRISES, INC.: IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS : : V. : NO. 2001-5677 CIVIL TERM MARK CAMPISI t/d/b/a : USA HOME LOANS AND BANKERS FINANCIAL SERVICES, INC. DEFENDANTS : CIVIL ACTION LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY Please enter my appearance, as co-counsel, on behalf of the Defendants, MARK CANPISI t/d/b/a USA HOME LOANS AND BANKERS FINANCIAL SERVICES, INC. in the above-captioned matter. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ~torney I.D. Nc>.: 6~51 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiffs CERTIFICATE OF SERVICE hereby certify that I served a true and correct copy of the foregoing Entry of Appearance upon all parties of record via United States Mail, postage prepaid, addressed as follows: Charles Rees Brown, Esquire Nicholas and Foreman 4409 North Front Street Harrisburg, PA 17110 SAIDIS, SHUFF & MASLAND 27. Detweiler Enterprises, Inc. V Mark Campisi t/d/b/a USA Home Loans and Bankers Financial Services, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5677 CIVIL TERM RT AND NOW, December 31, 2001, by agreement of counsel, the above-captioned matter is continued from the December 12, 2001 Argument Court list. Counsel is directed to relist the case when ready. By the Court, ~mce D. Foreman, Esquire ~attheF°r the Plaintiff ~ atthew F. Marshall, Esquire For the Defendant Court Admimstrator ld qO DETVVEILER ENTERPRISES, INC., IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA MARK CAMPISI tJd/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., DEFENDANTS · 01-5677 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY. J. AND GUIDO. AND NOW, this ~day of January, 2002, this court being unable to resolve the outstanding preliminary objections to plaintiff's complaint because plaintiff's complaint is grounded upon a written lease, referred to therein as Exhibit A, but Exhibit A is not attached to the complaint, IT IS ORDERED that plaintiff shall amend its complaint by complying with Pa. Rule of Civil Procedure 1019(i).1 Edgar'Bi ~a~l~y, J.' ~ Simply attaching the purported lease to a preliminary objection, without more, does not give us a record upon which to resolve the issues raised in the preliminary objection. Goldman v. Schlanger, 49 D. & C.2d 225 (1970). Once plaintiff's complaint is amended, defendants will be free to file such a response as is warranted. v~harles Rees Brown, Esquire 4409 North Front Street Harrisburg, PA 17110 For Plaintiff V//Joseph L. Hitchings, Esquire For Defendants :saa COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendant/Appellant Civil Term No. 2001-5677 Civil Action - Law NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you 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. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS, and BANKERS FINANCIAL SERVICES, INC. Defendant/Appellant Civil Term No. 2001-5677 CIVIL ACTION - LAW NOTICIA Le hah demandado a Usted en la corte. Si Usted quiere defenderse de estas demandas expuestas en las paginas siguientes, Usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su personal. Sea avisado que si Usted no se defiende, la corte tomara medidas y puede entrar una orden contra Usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para Usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS, and BANKERS FINANCIAL SERVICES, INC.: Defendant/Appellant : Civil Term No. 2001-5677 CIVIL ACTION - LAW FIRST AMENDED COMPLAINT AND NOW comes Plaintiff, Detweiler Enterprises, Inc., by and through their attorneys, Nicholas & Foreman, PC, and in support of its Complaint avers as follows: 1. Plaintiff is a Pennsylvania Corporation with principal offices located at 3310 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendants are USA Home Loans and Mark Campisi, an adult individual, and Bankers Financial Services, Inc., a Pennsylvania corporation, each of WhOm has as a principal place of business 505 Hansen Avenue, Butler, Pennsylvania 16001. 3. Each of the Defendants, at all times, acted individually and as agents for each other on all relevant matters. 4. On or about June 27, 2000, Plaintiff and Defendants entered into a written Lease for Real Estate whereby Plaintiff leased to Defendants, individually and severally, Suite B, Second Floor, 5137 Devonshire Road, Harrisburg, PA 17112, approximately 695 square feet office space. A true and correct copy of the said Lease is attached hereto, labeled as Exhibit "A" and made a part hereof. 5. The written Lease aforesaid was to mn for a period of six months and then, unless terminated 60 days before the end of the term, to renew. 6. On November 1, 2000, Mark R. Campisi, individually and as agent for the other Defendants, asked for and was granted by Plaintiff an extension of the Lease for a period of six (6) months through July 31, 2001. A true and correct copy of the written request for extension and approval thereof is attached hereto labeled Exhibit "B" and made a part hereof. 7. Without right, Defendants vacated the premises during the term of the Lease and failed to make rental payments for the months of March 2001; April 2001; May 2001; June 2001; and July 2001, a total of five (5) months. 8. Rent was due, under the terms of the aforesaid Lease, in the amount of $695 per month or a total principal rental of $3,475 for the five (5) months defaulted. 9. 'The aforesaid Lease mandates that all rental payments not timely paid accrue a late charge of $35 and, based upon five (5) months not paid on time, the total late charge demanded and due to Plaintiff from Defendants is in the sum of $175. 2 10. The aforesaid Lease, requires the Defendants to pay, as additional rent, all sums which may become due by reason of the failure of the Defendants to comply with the conditions of the Lease including, costs and expenses which the Plaintiff suffers by reason of any default, whereby Plaintiff demands and is due legal fees in the sum of $1,500. 11. Defendants are further indebted to Plaintiff for painting of the unit for the sum of $285 and advertising the unit in the sum of $433 and $695 for the negotiating of a Lease. 12. The total sums due from Defendants to Plaintiff are in the sum of $6,563 less a security deposit retained in the amount of $695 for a total net indebtedness of $5,868. WHEREFORE, Plaintiff respectfully requests judgment against the Defendants, jointly and severally, in the amount of $5,868 together with interest from the date due and court costs. Respectfully submitted, NICHOLAS & FOREMAN, P.C. Dated: BY: Charles Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 717-236-9391 Attorney for Plaintiff 3 VERIFICATION Pursuant to Pa.R.C.P. 1024(c)(2), I, Charles Rees Brown, counsel for the Plaintiff, verify that the statements made in foregoing Complaint are tree and correct to the best of my knowledge, and is made on the basis of the facts previously verified by the Plaintiff in the original Complaint. This First Amended Complaint is filed solely for the purpose of including the Exhibits referenced in this First Amended Complaint and the original Complaint, but not attached to the original complaint. This First Amended Complaint contains no additional averments, other than those set forth in the original Complaint. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Charles Rees Brown 4 Exhibit A CLAUST~ LE~SE FOR REA1, E3TATE L. PART ONE OF A TWO PART AGREEMEN~ ~b~ ~ ~ ~ ~or, ~ ~ ~d /:~-p ~/E"Tip~'""~'~aTl-'"'~" ..................................... ~;~.: ....................... ~. ..... ........... ~' "'~ ~ ............................................ ~ ........ ' a/ItT c:llcd L~or 3nd /'~'"~/~" "A"~'"~'"'"'""~'~"~'~-'~'~'~'-'~-~.-~-"-~I~-~-~-~..,~ ~"*'"*:'(Lq~'~--~;'A*~*'"~'~'~°'"t ~ ~*~L*~.,-*~*-.~"*~.c.;~.-b~ .c3 4 ..P~=~:~).~A~.:.~: ,~ ~ ----~ ............................................... ~,,, ~,, ,~ ...................... .........h.~] * ~b ~s/~; ,.d.J.J ~ ...................... ~ ~'~, ~. ed,~ .b,,~] ~ ........... ~.~.. ~, ~.r.,~.,--,__.~.~ ;~_.~.~_..~nt~ ............. "'~ ......... ~r.=.~ ........... ~-~ .................................................................. ~} .~ ~*~ · ..~ ~ .~ ~.~..~ ................................... ~ ..................... ~". ~ "~ ~" ~ ~Y "~:V-J~--:~:~ ........................ ~E~ ................ ~s3t£ .................. z.K.ss[[ .................. ~r;SSOR.~--~. t.r,.ssU n ............ ^C[~T .......... PART TWO OF A TWO PART AGREEMENT GENERAL LEASE TERMS AND CONDITIONS 11d{ f~'m ~eomme~ and epL~mved f~. hul nm re. Get,ed ~o, 09/17/01 15:46 FAX 717 761 $308 D~i~XL~R [~003 Exhibit B 09/17/01 15:46 FAX 717 761 5308 DEl'WE I LER HOME I ANS ~ 005 November 1,2000 Jack De~weiler Delweiler Enterprises, Inc. 3310 Market Street Camp Hill, PA Dear Jack, As you are aware, our lease is set to expire on January 31, 2001. I! is our intention To remain a~ a tenant a~ this time however, we would like to rancw this lease for a six month If this is acceptable to you, please co,~6,m in writing at your convenience. Truly, Mark R. Campisi President MRC/jag "A~q~as Choice For Money" 505 Hansen Avenue · Buffet PA 16001 * Phone: 724.287.2780 · Fax: 724.287.2831 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS, and BANKERS FINANCIAL SERVICES, INC. Defendant/Appellant Civil Term No. 2001-5677 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Charles Rees Brown, do hereby certify that on this, the ~day of January, 2002, I served a true and correct copy of the First Amended Complaint, by sending the same by first class U.S. mail, postage prepaid, addressed as follows: Joseph L. Hitching, Esq. Saidis, Shuff, Flower & Lindsay, P.C. 26 West High Street Carlisle, PA 17013 Attorney for Defendants Mark Campisi, USA Home Loans and Bankers Financial Services Charles Rees Br~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, 1NC., Plaintiff, VS. MARK CAMPISI t/dPo/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S FIRST AMENDED COMPLAINT Filed on Behalf of: Defendants Counsel of Record for this Party: Matthew F. Marshall, Esquire PA ID# 72853 DILLON McCANDLESS KING COULTER & GRAHAM L.L.P. 501 Smith Drive, Suite #3 Cranberry Township, PA 16066 (724) 776-6644 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, 1NC., Plaintiff, VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Tem~ : No. 2001-5677 NOTICE TO PLEAD TO THE PLAINTIFF: You are hereby required to file a written response to the enclosed PRELIMINARY OBJECTIONS within twenty (20) days of service hereof or a judgment may be entered against you. Matthew F. Marshall, Esquire COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND NOW, come the Defendants, Mark Campisi t/dPo/a as USA Home Loans and Bankers Financial Services, Inc., by and through their attorneys, Dillon McCandless King Coulter & Graham L.L.P., and file the following preliminary objections to Plaintiff's First Amended Complaint: 1. Plaintiff instituted this assumpsit action for rental payments allegedly due under a lease for office space between Plaintiff and USA Home Loans. Plaintiffdid not attach a copy of the lease agreement to its original Complaint served upon Defendants, but attached the same to its First Amended Complaint. 2. Plaintiff's claim against the individual Defendant, Mark Campisi, is based on its allegations that Mark Campisi: (a) is a patty to the lease agreement (see First Amended Complaint paragraph 4); and (b) acted individually and as an agent for Bankers Financial Services, Inc. (see First Amended Complaint paragraph 3). 3. A copy of the lease agreement that is the subject of this action is attached to the Plaintiff's First Amended Complaint as Exhibit "A" (the "Lease Agreement"). 4. Plaintiff and USA Home Loans, are the only parties to the Lease Agreement. (see First Amended Complaint Exhibit "A". 5. USA Home Loans is a registered fictitious name of Defendant, Bankers Financial Services, Inc., which is a Pennsylvania corporation. A true and correct copy of the Department of State record showing that USA Home Loans is a registered fictitious name of Bankers Financial Services, Inc. is attached hereto and incorporated herein as Exhibit "1". 6. Plaintiff failed to state a cause of action against Defendant, Mark Campisi, because Mark Campisi individually is not a party to the Lease Agreement, and because he signed the lease as president of USA Home Loans. WHEREFORE, Defendants respectfully request this Court to dismiss Plaintiff's claim against Mark Campisi in the above captioned matter. Respectfully submitted, DILLON McCANDLESS KING COULTER & GRAHAM L.L.P. By: ~ Matthew F. Marshall, Esquire Attorney for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 ORDER OF COURT On this day of ,2001, it is ordered that the Preliminary Objections in the nature of a demurrer of Defendant, Mark Campisi, are sustained and this action is dismissed as to this Defendant. BY THECOURT: Microfilm No. APPLICATION FOR REGISTRATION OF FICTITIOUS NAME In compliance with the requ/rements of 54 Pa.C.S. 311 (relafi~ to registration), the undersigned entity(ies) desiring to r _egister a fictitious name under 54 Pa.C.S. Ch, 3 (rel--ating to fictitious names), hereby state(s) that:. 1. The fictitious name is __ USA HO/vfE LOANS A brief statement of the character or nature of the business or other activity to be carried on under or through the fictitious name is: mortgage and lendi_ng services and other lawful business 3: The address, including number and street, if any, of the principal place of business or other activity to be carded on under or through the fictitious name is (P.O. Box alone is not acceptable): 220 S. Mm'n Street Suite B-8 Butler PA 1___6001 Number and Street ' City State Zip County 4. The name and address, including number and street, if any, of each individual interested in the business is: N/___6_~ Name Number and Street City/State Each entity, other than an individual, interested in such business is (are): Name Form of Organizing Pfincipal'Office Organization lurisdiction Address Bankers Financial S0rvices~Inc. a Pennsylvania corporation PA Registered Office, if any 220 S. Ma/n Street, Suite B-8, Butler, PA 16001 The applicant is famil/ar with the provisions of 54 Pa.C.S.._332 (relating to effect of registration) and understands that filing under the Fictitious Names Act does not create any exclusive or other right in the fictitious name. Optional: The name(s) oF the agent(s), if any, any one of whom is authorized to execute ameadments to, withdrawals fi.om or cancellatioa of this reg/stration in behalf of all then existing parties to this registration, is (are): . [N TESTIMONY WI-IEREOF, the undersigned have caused this Application for Registration of Fictitious Name to be executed this _1~>4~ day of. Se~p~.mber , 1999. (individual signature) ....... (Individual Signature) (Name of Entity) By.' _ Title ('individual signature) (Individual Signature)-- ._Banker.s. Finan¢ial.~Services, Inc. (Name of Entity) - ~pis't,' ~resident COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPIS! t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term : No. 2001-5677 CERTIFICATE OF SERVICF I hereby certify that a tree and correct copy of the within PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S FIRST AMENDED COMPLAINT was served on counsel listed below, by mailing same via U.S. mail, postage prepaid, on thi.s/6/day of February, 2002: Bruce D. Foreman, Esquire Charles Rees Brown, Esquire 4409 North Front Street Harrisburg, PA 17110 Matthew F. Marshall, Esquire Attorney for Defendants DETWEILER ENTERPRISES, INC., Plaintiff MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 2001-5677 CIVIL ACTION - LAW PLAINTIFF'S RESPONSE TO DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND NOW, the Plaintiff, by and through its undersigned counsel, files tkis Response to the Defendants' Preliminary Objections to Plaintiff's First Amended Complaint, and, in support thereof, states as follows: 1. Admitted. 2. Admitted. 3. Admitted. Denied. The Defendant Mark Campisi signed the Lease Agreement without any disclosure as to the corporate status of the Defendant USA Home Loans. Admitted. This averment is a conclusion of law to which no response is required. To the extent a response is required, the Defendant Mark Campisi signed the Lease Agreement without any disclosure as to the corporate nature of the Defendant USA Home Loans. WHEREFORE, the Plaintiff requests that this Honorable Court dismiss the Defendants' Preliminary Objections to the Plaintiff's First Amended Complaint. Respectfully submitted, NICHOLAS & FOREMAN Ctharles Ree~ Brown ' Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff 2 DETWEILER ENTERPRISES, INC., Plaintiff MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 2001-5677 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Charles Rees Brown, hereby certify that I did personally serve a copy of the foregoing Response to Defendants' Preliminary Objections to Plaintiff's First Amended Complaint, by depositing the same in the United States first class mail, postage pre-paid, addressed as follows: Matthew F. Marshall, Esq. Dillon, McCandless, King, Coulter & Graham, L.L.P. 501 Smith Drive, Suite 3 Cranberry Township, PA 16066 Joseph L. Hitchings, Esq. Saldis, Shuff, Flower & Lindsay, P.C. 26 West High Street Carlisle, PA 17013 Date: Charles Rees Brown 3 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. DETWEILER ENTERPRISES, 1NC. MARK CAMPISI ffd/b/a USA HOME LOANS, and BANKERS FINANCIAL SERVICES, INC. (Plaintiff) (Defendant) No. 5677 CIVIL State matter to be argued: Preliminary objections to First Amended Complaint Identify counsel who will argue the case: (a) for the plaintiff: Charles Rees Brown, Esq., 4409 N. Front St., Hbg., PA 17110 (b) for the defendant: 2001 Matthew F. Marshall, Esq., 501 Smith Drive, Suite 3, Cranberry Twp., PA 16066 Joseph P. Hitchings, Esq., 26 West High Street, Carlisle, PA 17013 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: May 22, 2002 Dated: March 11, 2002 DETWEILER ENTERPRISES, INC., Plaintiff Ve MARK CAMPISI tYd/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 2001-5677 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Charles Rees Brown, hereby certify that I did personally serve a copy of the foregoing Praecipc to Listing Case for Argument, by depositing the same in the United States first class mail, postage pre-paid, addressed as follows: Matthew F. Marshall, Esq. Dillon, MeCandless, King, Coulter & Graham, L.L.P. 501 Smith Drive, Suite 3 Cranberry Township, PA 16066 Joseph P. Hitchings, Esq. Saidis, Shuff, Flower & Lindsay, P.C. 26 West High Street Carlisle, PA 17013 Charles Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff DETWEILER ENTERPRISES, INC.: Plaintiff : VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-5677 CIVIL IN RE: PRELIMINARY OBJECTION OF DEFENDANT MARK CAMPISI BEFORE HOFFER, P.J., HESS AND OLER, J.J. ORDER AND NOW, this / ! ~' day of July, 2002, given the paucity of the factual record in this case, the preliminary objection of defendant, Mark Campisi, is DENIED. BY THE COURT, Charles Rees Brown, Esquire For the Plaintiff Joseph L. Hitchings, Esquire For the Defendants :rim COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI ffd/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 ANSWER, NEW MATTER AND COUNTERCLAIM Filed on Behalf of: Defendants Counsel of Record for this Party: Matthew F. Marshall, Esquire Pa. I.D. No. 72853 DILLON McCANDLESS KING COULTER & GRAHAM L.L.P. 501 Smith Drive, Suite #3 Cranberry Township, PA 16066 (724) 776-6644 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 NOTICE TO PLEAD TO THE PLAINTIFF: You are hereby required to file a written response to the enclosed NEW MATTER AND COUNTERCLAIM within twenty (20) days of service hereof or a judgment may be entered against you. Matthew F. Marshall, Esquire COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES,/NC., Plaintiff, VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES,/NC., Defendants. Civil Term : : No. 2001-5677 ANSWER, NEW MATTER AND COUNTERCLAIM AND NOW, come the Defendants, Mark Campisi, improperly designated as t/d/b/a as USA Home Loans and Bankers Financial Services, Inc., t/d/b/a as USA Home Loans, by and through their attorneys, Dillon McCandless King Coulter & Graham L.L.P., and file the following Answer, New Matter and Counterclaim: 1. Admitted. ANSWER 2. Denied. Bankers Financial Services, Inc. is a Pennsylvania corporation t/d/b/a USA Home Loans with a principal place of business at 505 Hansen Avenue, Butler, PA 16001. Mark Campisi individually does not conduct business at 505 Hansen Avenue, Butler, PA 16001 nor does Mr. Campisi conduct business as USA Home Loans. USA Home Loans is a registered fictitious name of Bankers Financial Services, Inc., as evidenced by the Fictitious Name Registration field with the Pennsylvania Department of State Corporation Bureau, a copy of which is attached hereto as Exhibit "1". 3. Denied as stated. At all relevant times, Mark Campisi acted as president of Bankers Financial Services, Inc. t/d/b/a USA Home Loans. Mark Campisi never acted nor did he represent himself to be acting individually. 4. Denied in part and admitted in part. On or about June 27, 2000, Plaintiff and USA Home Loans entered into the lease agreement as evidenced by the lease agreement prepared by Plaintiff. It is admitted that a copy of which is attached to the Complaint. 5. Denied as stated. The lease agreement is an integrated document which speaks for itself, and Defendants deny Plaintiff's attempts to summarize, characterize or paraphrase its terms. By way of further denial, the lease was for a six (6) month term and was to renew for a period of one (1) year unless terminated. USA Home Loans timely notified Plaintiff that it did not intend to renew the lease for one (1) year as provided in the lease. On November 1, 2000, USA Home Loans notified Plaintiff of its desire to instead renew the lease for a six (6) month term, which was not accepted by Plaintiff. 6. Denied. USA Home Loans is the stated lessee, not Mark Campisi individually. It is also specifically denied that Mark Campisi individually signed the lease or requested an extension. Rather, USA Home Loans requested an extension, which was not accepted by Plaintiff. It is also specifically denied that Exhibit "B" is a true and correct copy of the request for extension. The handwritten portion of "Agreed. Detweiller Enterprises, Inc./s/ 11/17/00" was never forwarded to USA Home Loans from Plaintiff until after the commencement of litigation. 7. Denied. The lease expired on January 31, 2001, and USA Home Loans paid rental payments due under the lease. 8. Denied. The lease expired on January 31, 2001, and USA Home Loans paid all rental payments due under the lease. 9. Denied. USA Home Loans paid all rental payments due under the lease, and there are no late charges due to Plaintiff. I0. Denied as stated. The lease agreement is an integrated document which speaks for itself, and Defendants deny Plaintiff's attempts to summarize, characterize or paraphrase its terms. By way of further denial, Defendant has not defaulted under the lease and owes Plaintiff nothing. 11. Denied. USA Home Loans paid all obligations due under the lease, and is not responsible for Plaintiff's advertising costs, which are specifically denied. 12. Denied. USA Home Loans has in fact overpaid Plaintiff by one (1) month in the amount of $695.00. In addition, USA Home Loans is entitled to a return of its security deposit of $695.00. Plaintiff owes USA Home Loans the amount of $1,390.00, plus interest and attorneys' fees as set forth in its Countemlaim, below. WHEREFORE, Defendants respectfully request judgment in their favor and against Plaintiff. NEW MATTER 13. Defendants incorporate herein by reference the averments contained in paragraphs 1 through 12, above. 14. On June 27, 2000, Plaintiff and USA Home Loans entered into a six (6) month lease agreement which was renewable for a period of one (1) year. 15. The name of the lessee as listed on page 1 of the lease prepared by Plaintiff Detweiller Enterprises, Inc. is USA Home Loans. 16. The lease was signed by lessee as "USA Home Loans, [signature] Pres." 17. USA Home Loans notified Plaintiff in November, 2000 that it did not intend to renew the lease for one (1) year as provided in the lease. On November 1, 2000, USA Home Loans notified Plaintiff of its offer to renew the lease for a six (6) month term, which offer was not accepted by Plaintiff. 18. The handwritten portion of"Agreed. Detweiller Enterprises, Inc./s/11/17/00" on the November 1, 2000 correspondence attached to the First Amended Complaitn as Exhibit "B" was not forwarded to USA Home Loans from Plaintiff in November, 2000 as represented. Rather, it was forwarded to USA Home Loans after this litigation commenced. 19. The lease expired on January 31, 2001. 20. Plaintiff's claims are barred by the defenses of payment, estoppel, failure of consideration, justification, laches, accord and satisfaction, consent, statute of frauds, truth and waiver. WHEREFORE, Defendants respectfully request judgment in their favor and against Plaintiff. 24. of $695.00. 25. COUNTERCLAIM 21. Defendants incorporate herein by reference the avem~ents contained in paragraphs 1 through 20, above. 22. USA Home Loans has received from Detweiler neither the return of its security deposit under the lease, nor a written notification from Detweiler itemizing any alleged deductions from the security deposit. 23. USA Home Loans is entitled to return of its security deposit in the amount of $695.00, plus interest and penalties. USA Home Loans has also overpaid one (1) month rent to Plaintiff in the amount USA Home Loans is entitled to the sum of One Thousand Three Hundred Ninety and no/100 Dollars ($1,390.00), plus interest, late charges, and reasonable attorneys' fees. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of One Thousand Three Hundred Ninety and no/100 Dollars ($1,390.00), plus interest at the rate of six percent per year from February 1, 2001 until time of judgment, plus late charges, attorneys' fees and costs. Respectfully submitted, DILLON McCANDLESS KING COULTER & GRAHAM L.L.P. By: ~ Matthew F. Marshall, Esquire Attorney for Defendants VERIFICATION I, Mark Campisi, state that I am the President of Bankers Financial Services, Inc., t/d/b/a USA Home Loans, Defendant in the within action; that the attached document is based upon facts of which I have personal knowledge or information furnished to me; that the language of the document is that of counsel and not my own; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann., Section 4904 relating to unsworn falsifications to authorities. B ~_. . c~Pisi, President BANKERS FINANCIAL SERVICES, INC. t/d/b/a USA HOME LOANS Dated: 776 660~ D~K ~ ESQUIRE ASST ~002 xofilm No. SEP 1 6 1999 Filed with,~e~artment or, State on O the C; n ,th d2) APPLICATION FOR REGISTRATION OF FICTITIOUS NAME In compliance with the requirements of 54 Pa.C.S. _311 (relating to registration), the undersigned entity(ies) desiring to register a fictitious name under 54 Pa.C.S. Ch, 3 (relating to fictitious names), hereby state(s) that:. 1. The fictitious name is USA HOME LOANS A brief statemenl of the character or nature of the business or other activity to be carried on under or through the fictitious name is: mortgage~ind lending services mad other'lawful business The address, including number and street, if any, of the principal place of business or other activity to be carried on under or through the fictitious name is (P.O. Box alone is not acceptable): 220 S. Main Street, Suite B-8 Butler Number and Street City PA 16001 Butler State Zip County 4. The name and address, including number and street, if any, of each individual interested in the business is: N/A Name Number and Street City/State 5. Each entity, other than an individual, interested in such business is (are): Name Form of Organizing Principal'Office Organi:,ation Jurisdiction Address Bankers Financial Services, Inc, a Pennsylvania corp~ation PA Registered Office, if any 220 S. Main Street, Suite B-8, Butler, PA 16001 The applicant is familiar with the provisions of 54 Pa.C.S. 332 (relating to effect of registration) and understands that filing under the Fictitious Names Act does n~t create any exclusive or other right in the fictitious name. .- ;. _ Optional: The nme(s) of the agent(s), if any, any one of whom is authorized to execute amendments to, withdrawals from or cancellation of this registration in behalf of all then existing parties to this registration, is Ore): N/A IN TESTIMONY WHEREOF, the undersigned have caused this Application for Registration of Fictitious Name to be executed this I~4~ day of September , 1999. (individual signature) (Individual Signature) (Name of Entity) By: Title (individual signature) (Individual Signature) Bankers Financial Services, Inc. (Name of Entity) BY:~ent COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI t/dgo/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within ANSWER, NEW MATTER AND COUNTERCLAIM was served on counsel listed below, by mailing same via U.S. mail, postage prepaid, on this ~3%y of July, 2002: Brace D. Foreman, Esquire Charles Rees Brown, Esquire 4409 North Front Street Harrisburg, PA 17110 Matthew F. Marshall, Esquire Attomey for Defendants DETWEILER ENTERPRISES, INC., Plaintiff MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 2001-5677 CIVIL ACTION - LAW ANSWER TO NEW MATTER AND COUNTER CLAIM AND NOW, the Plaintiff, by and through its undersigned counsel, files this Answer to New Matter and Counterclaim, and, in support thereof, states as follows: ANSWER TO NEW MATTER 13. This averment requires no response. 14. Admitted. 15. Denied. The document speaks for itself. 16. Denied. The document speaks for itself. 17. Admitted in part, denied in part. It is admitted that the Defendants, by correspondence dated November 1, 2000, offered to renew the lease for a six (6) month period. It is expressly denied that the Plaintiff did not accept said offer; Exhibit B clearly shows the Plaintiff's acceptance of said offer on November 17, 2000. 18. Denied. The Plaintiff's acceptance of Defendants' offer was communicated to Defendants contemporaneously with Plaintiff' s execution thereof. Respectfully submitted, NICHOLAS & FOREMAN Charles Rees'~l~6~rown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff VERIFICATION I, John R. Detweiler, President, Detweiler Enterprises, Inc., hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties set forth at 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Detweiler Enterprises, Inc. DETWEILER ENTERPRISES, INC., Plaintiff MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 2001-5677 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Charles Rees Brown, hereby certify that I did personally serve a copy of the foregoing Answer to New Matter and Counter Claim, by depositing the same in the United States first class mail, postage pre-paid, addressed as follows: Matthew F. Marshall, Esq. Dillon, McCandless, King, Coulter & Graham, L.L.P. 501 Smith Drive, Suite 3 Cranberry Township, PA 16066 Joseph L. Hitchings, Esq. Saidis, Shuff, Flower & Lindsay, P.C. 26 West High Street Carlisle, PA 17013 Date: COMMqNWEALTH OF PENNSYLVANIA COURTOFCOMMONPLEAS Cumberland County JUDICIAL DISTRICT 09-1-02 NOTICE FROM DISTRICT JUSTICE COMMON P,EAS No.I-- OF APPEAL JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Mark Campisi TDBA USA Homes Loans I Robert V. Manlove 505 Hansen Avenue Butler PA 16001 DATE OF JUDGMENT 9-20-01 C [.AIM NO. CV:~ LT 19 Detweiler Enterprises, Inc. Mark Campisi TDBA This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy USA Home Loans (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sect/on of form to be used ONLY when appel~ant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) /n action before D/str/ct Justice. IF NOT USED, detach from copy of not~ce of appeal to be served upon appe//ee). PRAECIPE: To Prothonotary Detweiler Enterprises, Inc. appellee(s), to file a complaint in this appeal Enter rule upon , Name of appellee(s) (Com men Pleas No. _/~l-_ ~'/,~77 E I ~.~' L"7'~ within twenty (20) days after ~f~dgment of non pros-X Signature of appellant or his attorney or agent RULE: To Detweiler Enterprises, Inc. appellee(s) Name o f appe/lee (s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: (~--"'~·' ,~1~~ ' Sig~atur~ of-~r~t~on6tar~ o~ty AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE F/LED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. (da te o f service). 19 ~ [] receipt attached hereto, and upon the appellee, (name). , 19 [] by personal service , upon the District Justice designated therein on by personal service [] by (certified) (registered) mail, sender's · on [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19 [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 19__. Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 19 . . .'. C. OMMONWEALTH OF PENNSYLVANIA · COUNTY OF: Mag. Dist. No.: 09 -1-02 DJ Name: Hon. ROBERT V. MANLOVE Address: 19 01 STATE STREET CAMP HILL, PA Te,epho,~: (717) 761-0583 170&1-0000 MAEKCAMPISI TDBA 505 HANSENAVE BUTLER, PA 16001 USA HOME LOANS NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FDETWEILER ENTERPRISES, 3310 MARKET ST CAMP HILL, PA 17011 / VS. DEFENDANT: NAME and ADDRESS FMA~K CAMPISI TDBA USA 505 HANSEN AVE BUTLER, PA 16001 Docket No.: CV- 0000228- 01 Date Filed: 7/09/01 INC. -~ HOHE' LOANS THIS IS TO NOTIFY YOU THAI: Judgment: Judgment was entered for: (Name) Judgment was entered against: (Name) LOANg in the amount of $ 3,471_00 on: (Date of Judgment) !2n!n [--~ Defendants are jointly and severally liable. EDamages will be assessed on: [This dismissed without prejudice. case [Amount of Judgment Subject to '.. ,'~-- .~-.~ Attachment/Act 5 of 1996 $ .~ E~] Levy is stayed for days or [--1 generally stayed. E~ Objection to levy has been filed and hearing"~l/iil be t~el~ (Date & Time) Amount of Judgment $ Judgment Costs $, Interest. on Judgment ~, ~..~....~ $ Attor, ney Fees ' $ Total. ~.~ii,? ~': ~'''/' $ Post Judgment Credits $ Post Judgment COsts $ Certified Jt~'dgment Total $ 3,400.00 71.00 .00 .00 3,471.00 Date: Time' Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIV!S[ON. YOU MUST INCTDE A COPY OF Thl~ I I certify that this is a true,,~t~ I '~/)-.-¢~/ Date ,~ C~E JUD / . My commission expires first Monday of January, :2006 Fj~M WITH YOUR NOTIC,E OF APPEAL. : . , DiStrict Justice· '. dings contai~ng t~.' jqdg'm,en[: I ..~...¢.¢' ~,,, '~ ,'D~.~ric~OusticeI. " AOPC 315-99 COURT OF COMMON pLEAS OF CUMBERLAND cOUNTY, pENNSYLVANiA DETWEILER ENTERPRISES' INC., . plaintiff, Appellee, · VS, MARK cAMPtSt t/dlbla USA HOME LOANS, Defendant, Appellant. Civil Term No. 2001-5677 ROOF OF SERVICE OF P _- ... ^opEAL AND TICP- ur ~,, ~LE TO FILE cOMPLAiNT Filed on Behalf of: Defendant/Appellant Counsel of Record for this Party: Matthew F. Marshall, Esquire PA ID# 72853 DILLON McCANDLESS KING COULTER & GRAHAM L.L.P. 501 Smith Drive, Suite #3 Cranberry Township, PA 16066 (724) 776-6644 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT ~- NOTICE OF APPEAL Notice is gWen that the albeitantihas filed in the above Court of Common P~eas an appeal from the judgment rendered by the District Justice on the date and in the ~ ~ti~ ~l-ow. ~k ~~ ~'~SA Homes ~ans --~'~ PA 16001 ~=..,,. o, ~,~ Butler 505 Hm~ A~ TDBA USA Home Loans  er Enterprises, Inc Mark Campisi /f appe//anf ~as C/a/man~ (see Pa. H.C.P.J.P. R.C.P.J.P. ~~t~s ;"'-" No. 1001(6) in action before D/strict Justice, he This Notice of-~ ~en re~ived by the District Justice, will operate as MUST FILE A COMPLAINT within twenty (20) SUPERSED:E~A~,(o.~e ju~ment for possession in this case. days after filing his NOTICE of APPEAL. a -- , Signa~thonotary or Deputy ~ /'' TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ~ ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice ( ~ ef notice of appeal to,be served upon appellee). responses ~ [nc · ~, appellee(s), to file a complaint in this appe ~(~e~R~~ Name of appellee($) --eJ%~tr,, ~ Judgment of non pr( : 'u, t} :;~'}~ within twenty (20) (Common Pleas N' ::-: ' >rises, Inc. appellee(s) ~ ~ Name of appellee(s) (1) Y~ are ~fif~d ~at a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dat~ ~ service of this ~' u~n you by personal service or by certified or registered mail. .... ~not fi~~'e~[aint withip this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. ~ (2) If ~u~u, .~. ' ' ... : (3) The date of, this rule if service'was bv mail is the date of mailing. AOPC 312-90 cOURT FILE PROOF OF SE,qVR':E OF i~/Ol'iCE OF APPEAL A)~D HULE TO FILE COMPLAINT ~, ~, c:~ ~'Dphoable boxes) WORN (AFFIRMED) ANDx.g. UBSCRkRED BEF HIS ~'~ "DAY OF f- 1_~,r'7',~ ORE ME commission expires on. Notarial Sea/ Sandra A. Wargo, Notary PuBic Cranberry Twp., Butler County ~My Commission Expires June 17, 200 --5ignature o/ affiant ~'~cd*~ .:~th.'hrd ~.'~eb), ,,~{i td , ~ ~h, '-' ' L_j l~¥' p~ sulfa sl.~.., ~-~ ' ' '- '- g ated ~ - , __ ~zzLernr~- _ ~, . ed mini, sf:'nde~ and further that I served the Rub: Io File a Comoiah~t a(.t,m~pal~yitt9 the ~DOv, N,.~[t(:. of ,l:eai upon the aPP*fll,,e(s whom thu BL~o was ,:Kid ~,'ior;_ October 4 X~O01 mail, sender's receipt attached hereto. -- ~ j ov ~'~ COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, Appellee, VS. MARK CAMPISI t/d/b/a USA HOME LOANS, Defendant, Appellant. Civil Term No. 2001-5677 r-~ I Postage 13" ~ Certified Fee ~3 ! Return Receipt Fee (Endorsement Required) r"t Restricted Delivery Fee r-1 (Endorsement Required) f"-I Total Postage & Fees ~ ,Recipient's Name (Please Print Cleady) (to be completed by mailer) rn [R_obert V. Hanlove, Di.~_t;~i.c_.t..J.us-t--. [%~&~:',~'f '~.T~7~-~'~;'~¥.' ...................... Hill, PA 17011 r~ ru ri1 Certified Fee ' Po Return Receipt Fee Endorsement Required) ~.- ~'"~) Restricted Delivery Fee Endorsement Required) --1- Recipient's Name (Please Print Clearly) (to be completed by mailer) D e tw.e..i.!..e.~.._.E, nt.e~: p r.£ses-,----Z-"-c ................ I~" '§'t~'~'t:'~'p't:Wo.; or PO Box No. ~' 3 31 0 ~..a.~_k.e_..t_..._S..~.~.e_.e..t;. ...................................... ~'- Hill PA 17011 Postage Certified Fee Return Receipt Fee rtl (Endorsement Required) r-1 Restricted Delivery Fee r"l (Endorsement Required) t T°tal P°stage & Fees ~n e~arlv):b~ecompletedby:ailer) Recipient's Name (Please *nt CI y * I ..Brnce..D- .... F~orema~-,----E sfl-ui ~ e .................. I ~treet, Apt. No.; or PO Box No. 4409 N o r t h_..F, ron.t ...Str-eet ........................ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, Appellee, VS. MARK CAMPISI t/d/b/a USA HOME LOANS, . Defendant, Appellant. Civil Term No. 2001-5677 _CERTIFICATE OF SERVICF I hereby certify that a true and correct copy of the within PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT was served on those listed below, by mailing same by certified mail, return receipt requested, postage prepaid, on this ~ day of October, 2001' Robert V. Manlove, District Justice 1901 State Street Camp Hill, Pennsylvania 17011 Detweiler Enterprises, Inc. 3310 Market Street Camp Hill, PA 17011 Bruce D. Foreman, Esquire 4409 North Front Street Harrisburg, PA 17110 Matthew F. Marshall, Esquire Attorney for Defendant/Appellant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendant/Appellant Civil Term : No. 2001-5677 Civil Action - Law NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you 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 'FO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 NICHOLAS & FOREMAN, P.C. '/Bi'uce~D. 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 ID #21193 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, 1NC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS, and BANKERS FINANCIAL SERVICES, INC. Defendant/Appellant Civil Term No. 2001-5677 CIVIL ACTION - LAW NOTICIA Le han demandado a Usted en la corte. Si Usted quiere defenderse de estas demandas expuestas en las paginas siguientes, Usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su personal. Sea avisado que si Usted no se defiende, la corte tomara medidas y puede entrar una orden contra Usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para Usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 NICH~ FOREff AN, P.C. · p,,,,~ n, Esquire 4409 North Fron Street Harrisburg, PA 7110 (717) 236-9391 ID #21193 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS, and BANKERS FINANCIAL SERVICES, INC. Defendant/Appellant Civil Term No. 2001-5677 CIVIL ACTION - LAW COMPLAINT AND NOW comes Plaintiff, Detweiler Enterprises, Inc., by and through their attorneys, Nicholas & Foreman, PC, and in support of its Complaint avers as follows: 1. Plaintiff is a Pennsylvania Corporation with principal offices located at 3310 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendants are USA Home Loans and Mark Campisi, an adult individual, and Bankers Financial Services, Inc., a Pennsylvania corporation, each of whom has as a principal place of business 505 Hansen Avenue, Butler, Pennsylvania 16001. 3. Each of the Defendants, at all times, acted individually and as agents for each other on all relevant matters. 4. On or about June 27, 2000, Plaintiff and Defendants entered into a written Lease for Real Estate whereby Plaintiff leased to Defendants, individually and severally, Suite B, Second Floor, 5137 Devonshire Road, Harrisburg, PA 17112, approximately 695 square feet office space. A true and correct copy of the said Lease is attached hereto, labeled as Exhibit "A" and made a part hereof. 5. The written Lease aforesaid was to run for a period of six months and then, unless terminated 60 days before the end of the term, to renew. 6. On November 1, 2000, Mark R. Campisi, individually and as agent for the other Defendants, asked for and was granted by Plaintiff an extension of the Lease for a period of six (6) months through July 31,2001. A true and correct copy of the written request for extension and approval thereof is attached hereto labeled Exhibit "B" and made a part hereof. 7. Without right, Defendants vacated the premises during the term of the Lease and failed to make rental payments for the months of March 2001; April 2001; May 2001; June 2001; and July 2001, a total of five (5) months. 8. Rent was due, under the terms of the aforesaid Lease, in the amount of $695 per month or a total principal rental of $3,475 for the five (5) months defaulted. 9. The aforesaid Lease mandates that all rental payments not timely paid accrue a late charge of $35 and, based upon five (5) months not paid on time, the total late charge demanded and due to Plaintiff from Defendants is in the sum of $175. 10. The aforesaid Lease, requires the Defendants to pay, as additional rent, all sums which may become due by reason of the failure of the Defendants to comply with the conditions of the Lease including, costs and expenses which the Plaintiff suffers by reason of any default, whereby Plaintiff demands and is due legal fees in the sum of $1,500. 11. Defendants are further indebted to Plaintiff for painting of the unit for the sum of $285 and advertising the unit in the sum of $433 and $695 for the negotiating ora Lease. 12. The total sums due from Defendants to Plaintiff are in the sum of $6,563 less a security deposit retained in the amount of $695 for a total net indebtedness of $5,868. WHEREFORE, Plaintiff respectfully requests judgment against the Defendants, jointly and severally, in the amount of $5,868 together with interest from the date due and court costs. Respectfully submitted, NICHOLAS & FOREMAN, P.C. Dated:.. [ ¢ Z~/~/ BY: Atty ID No. 21193 4409 North Front Street Harrisburg, PA 17110 717-236-9391 Attorneys for Defendants VERIFICATION I verify that the statements made in foregoing Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Detweiler Enterprises, Inc. ~olna~.~ Jack~Detweiler, Presiden~-- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS, and BANKERS FINANCIAL SERVICES, INC. Defendant/Appellant Civil Term No. 2001-5677 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Bruce D. Foreman, Esquire, do hereby certify that on this, the Ul_tladay of October, 2001, I served a true and correct copy of the Complaint, by sending the same by first class U.S. mail, postage prepaid, addressed as follows: USA Home Loans Mark Campisi c/o Matthew F. Marshall, Esquire Dillon, McCandless, King, Coulter & Graham, LLP 501 Smith Drive Suite 3 Cranberry Township, PA 16066 Bankers Financial Services, Inc. 505 Hansen Avenue Butler, PA 16001 NICHOLAS & FOREMAN, P.C. Atty. ID #21193 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT Filed on Behalf of: Defendants Counsel of Record for this Party: Matthew F. Marshall, Esquire PA ID# 72853 DILLON McCANDLESS KING COULTER & GRAHAM L.L.P. 501 Smith Drive, Suite #3 Cranberry Township, PA 16066 (724) 776-6644 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Mark Campisi t/d/b/a as USA Home Loans and Bankers Financial Services, Inc., by and through their attorneys, Dillon McCandless King Coulter & Graham L.L.P., and file the following preliminary objections to Plaintiff's Complaint: 1. Plaintiff instituted this assumpsit action for rental payments allegedly due under a lease for office space between Plaintiff and USA Home Loans. Plaintiff did not attach a copy of the lease agreement to its Complaint served upon Defendants. 2. Plaintiff's claim against Defendant, Mark Campisi, is based on its allegation that Mark Campisi is a party to the lease agreement. 3. A copy of the lease agreement that is the subject of this action is attached to these Preliminary Objections as Exhibit "1". 5. Services, Inc., which is a Pennsylvania corporation. Plaintiff and Defendant, USA Home Loans, are the only parties to this agreement. USA Home Loans is a registered fictitious name of Defendant, Bankers Financial A true and correct copy of the Department of State record showing that USA Home Loans is a registered fictitious name of Bankers Financial Services, Inc. is attached hereto and incorporated herein as Exhibit "2". 6. Plaintiff failed to state a cause of action against Defendant, Mark Campisi, because Mark Campisi is not a party to the lease agreement. WHEREFORE, Defendants respectfully request this Court to dismiss Plaintiff's claim against Mark Campisi in the above captioned matter. Respectfully submitted, DILLON McCANDLESS KING COULTER & GRAHAM L.L.p. By: ~(~9 Matthew F Marshal], Esqmre Attorney for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 ORDER OF COURT On this __ day of ,2001, it is ordered that the Preliminary Objections in the nature of a demurrer of Defendant, Mark Campisi, are sustained and this action is dismissed as to this Defendant. BY THECOURT: jo ! Ihis agreement. 1, White .....Lessor 2. Yellow ,,.Agent 3. Pin k ...... Lessee PRINCIPALS 0-78) PROPERTY I11-74) , 0-¢ SPECIAL CLAUSES LEASE 'FOR. REAL ESTATE PART ONE OF A TWO PART AGREEMENT This form recommended and approved for. but not rest~cted to ' . u~e by members of the Penn~ylvan. la Association of Realtors when u~ed with an approved addendum attached hereto. ~ Agent For The Lessor · , upon the foU ng tern and conditions Io ~t: ' (d) Ca~ ot check to ~ paid ~fore Po~esflon by L~Meyewhlch h Io be applied on account u tollow, on account or~nal payment of tent ............................. Paid $ ..................... Due $~ Security de~lt (~ee pat, l(~ ....................................... P. Id$ ..................... ~ue $ Credit report ................................................................. Paid $ ..................... Die $ ..................... ...................................................................................... Paid $ Total~ - Paid Io dale ............................... Paid $ ............... .',..: Due $ . (e) A~ju*~ed paymenl or real unlil regular duc dale, irany ~=~/q ] (0 5ecutily depo~lt th) Duc ~te for each ~avmcn~ ./~ .~ ..- L ~l S .... (k) Expiration date of lea= .......................................... ~ ..............................day of.~.~.~.~.~ .......... A.D.~ ..... (1) Rqqlred w[Jt ten notice to terminue this lense....~.~...~.~. ................................................................................ tm) Re,waS term jr not terminnled by cilhe[ PUtX ~ ~ ~ (o) MaX~um number of occupants under this lease ............................................................................................................... ~ (P) Payments to be made promptly when due ~ lawful money or the Unlt~ StateS'or America to: ~,L~ssor~ AFcnt  l UlU[tie~ & services to ~ supplied aa follows: ~ ~ . Le4~ee will supply: ~ cold water, ~ hot w~ter ~ ~ heat, D electric. ~ I~ow reforM, pi, ~ lawn care, ~ water in exces~ o~ yearly minimum charge, eO ye~tly oil burner cleaning, (t) NotwithUan~ anythlnA herein ~o the contrary, ~e w~ pay ~st of any of all fepait~ or ~n~ kind ~cuning after commandment or Ihi~ lease where Ihe indi~du~ coO]of ~ch repair is le~s Ihan ~ ............................ ts) No pets or Animal, o~ ~ny kind whatsoever will be ~tm ted on bt ~th n the herein described pfcm~scs exceplin~ L- 1969 REV, /78 t ADDENDU~ INITIALS 3. The Lessor and Levee a~ce for theflu~ Yes. their respective heirs and successors ond assays (o Ihe Jlefein d so to those ~1 forth in Ihu addendum alta hed hereto en LESSEE ................... LESSEE ................... LESSEE ................... LESSOn.~ I.ESSOE .............. AC[NT ............. , 3~cisl Clauses 15-72) I~ART TWO OF A TWO PART AGREEMENT GENERAL LEASE TERMS AND CONDITIONS . This form recommended and approved for, but not restricted to, , use by members of the Pennsylvania Association of REALTORS® Copyright Pennsylvtnle Association et' Rea'ltoss 1973 FORM L.1G {REV. 1-78) ' ~ uae aaaesseu or Jmposeu at the time of making this lease. The amount due taxes shall be apporllonod I'or thai part of tho first tax year as assessed . , , p ired her~ to the contrary', the ~rcenta e apportmneo m accordance wiibthat g o[ any such tax lensed ~tcentage which the Lessee's rent r zes y the Lessee hereunder sh~] be ep en a' · · t the budd~ Insuran~ / ~, ~.~ ouua:n~ o/wnlc~ the demised In ~re; l]1~ demised premises Premiums J ;premises at the time or m~kinl this Ieee, the rate of fire ~ (d) Lessee further ~ees Io by any act or ne~ect of the Lessee n~tute of the Cass on thc demised tenL tr there II I metered water ....... ' ....... ee's bus.ess. works se~JcJng tbe deml~d premises In ex~il oE Iht yearly minimum oF such sewer Condition of condition or the pavement, curb, cellar doors I nnd other eteclions In the pavement during Pavement ~r~ ;rom snow and ice, ~nd shaft is solely Habit re; ~y ~uriw Oe~sil "~curity in P~..l (0 ~aU be con~tion4 or this I~ the ~st or ~y t~h temov~, or nil the terms, covenants ~d. (~-75) ~ the opinion or the Leuot ~d/or A~t, in ex.ss of normal ~at and ; other~le correction or damage (which returned arler the ~slee has vn~ted ~d le~ ~e pmm~ Jn ~ ~cc, ' or ~y balance the;ear shah bo and surrendered all keys to A~ t. I~ the ~ .... ~ .... .p~nl ~ndlOon ~ hereunder, ex.ads the ..... · -.~.er unaer~l~a aaa ageed [hmt the said ~ocurily depos~]; ~t le amount, iffy, ia be returned to the to be ~nsidered M the last payment under the {case, ho~vur (he ri{hi{ of the ~.or shall no{ be hindered lo raisin Ihu security depo{ll, or a po;lion Ihere(rom ~ payment on account of uncollucied ranis, if any. Tho aforementioned "security deposit" Ih~l N paid lo Ibc keep records of ail Fun~ so depo~ted ~ required Jn accord~n~ idealized a~ required Ind{cailn~ the ~te and from r information con whom ha ............ ~rnlnB this transaction, Il h underltood and a-reed ~h., .~,;,,~ .~. _ ~ and other -. -~..~y.u ~o a new owner, that at the time of settlement ~- -Z2Z:.'~L~'~-''' pro~ . . n ~ntlone8 be sold, ex, :has ed, t ~ffirmative agent, to be continued to ~ held as a security dunes t , ; ,,,~-~ -~u as n secumy aeposlt snml ~ trnnsterred to I le n~ owner or his ~v~an. of 6. (,) ~r ~h. ~.rm, ~ para.apb . I. (q) pro'de ~r tho Lc,sar to suppJy heal to Lessee the Lessor .~ree, to rurnhh a reasonable amount or heat commanctn~ not before the first dly or Octo~r, and continuing not ale; th~ the ~st day or May /allowing tn ~nsideration that no extra charge b mad , should L~sor fall to t be labia rot ~n caused by any such f~lute not due to (b) If the Lessee so desires, Laser, If pebble, may without, in the goods and e~ecls o~ ~.~. In consideration or the ~a~ thai no extra ~arge Is made for th~ understood that ~or sh~l not be liable ~or loss or damage to any stored goods throe and Les e expressly rele~el ~or as balloe or otherwise rem all ~alms ~or an su s e Place of shall not be in obll--,:~ ~r~?,~amonal ~rv[ce not herein provided ~or but an- luc~ .:.~::E',. ~ . Pay~nt ~. ~. rent snail be payable without rifler notice or de~--~ -, .~- :~'-' '::'" i B ed ~nd Affirmative -. ~essee covenants and age~ that he ~ll ~thout demand: ...... ~ ~ m= o.~ce el cusser or A~ent al Ipecl~ed In parn~ph ~ 1. (p), tn) Pay the tent and aH other char8es heroin m~ as rent on the days and times'and at the place thst the same are ma~e Covenln~ o~ ~thout tall, and Ir Lessor shall al any time or tlm~ acm I said t Le~ accoptnncq shall ual excuse dele ....... ~ ..... P eat or rent ch~ge~ after the tn~- -~-- ~-..- ~ - P y~ble, (11.74} that any charge et PaVan er~~ ..... o,~uen[ occasions, or constitute or be construe s a ~[v~ .......... ecome ~ue and ayable, such agreed lo' ~ nald b~ th- [t.~. _~[~d, lncl~d~, or n~eod to ~ treated or collee,-~ ~d~ ...... r of nn~of Lessors rights, ~e.ee Payment r ~ ' ''.~ may ~ pto~eaea lot and recovered by the · ..... ~.[~,~[~ a~y cnuges, ex.uses, or costs herein (b) AH rental Payments are duo nnd paYab a on Ihe duo da Lat~s~harg. Ihureu[ler (grace period} Willtout -enall~ s4 ........ ~ ....... la al spec Red In paragraph · I. (h o~ ~..-74) paid in ~ull will be su~-~ *~ - t..~:~_ ~, ~.~w~st, a.er e:uu ~ on the Rrth day n · ) this a~eement or wilhm ~ve days R~tr~ .+. ay,~ r~e~=[o~a~sl[at~ or ~ustl~ o~ the Pas. for the eolleclio b ore 5.00 PM on the I~lh ~y a~tor duo date lo,ether w th late Keep ~ J Wasle end dz~n pi~s o-~: ~r ~'~d"-*~ ~ro~ ~} ns~?, dbl. and other refuse melter; re la~ aU rcp~r as ihey are at the ~.~.~s.~ -~,. ~ u.ma~es, tp pmmoln8 aaa Io Ihe demised nrnm .*.,~.~ ..... ~ ~tok~ ~ass ~indows, doo~s, utc.; Require~n~ of - [rin~ th[ou~ ne~en~ or Le~ or those em-~..-~ ~..'- as~ab~ w~ar and tear and~amage by accidental ~ ....... ~ ........ r ~d Publia pre~s~n In~ same condition In which Lessee has h~[~-~-~?ns ~? ceslee liana ex~pted. The Les~e a--ecs ~ .T[.~-~[u~sty .n~ Authoriti~ ~. ~ul ~ompw ~lh any requirements o~ any or Ih-'~[~'.~u~ ~P tee same during I~e continuance of Ihls~e ....~.uu~ m~ orumance or ragu alien noplicab ~ to ~s~e o~his u[~ ~,,.[~,~e~, p~Dnc ~uthoriti~, andwith the terms of any State ~r Fade Fie tesulling ~rom ~]ure tn ~ t~ s .~ oemssea pxem scs nnd save ~*.-~- ~----,--- · . ~ r~ statute or local ..... y teasonao o pte~ulion against fire. " - Pension J. u~ roaceamy deliver up iud surrender ~ssession o~ tho demised premiss to the Lessor at the expiration et sooner tezmlnat~ (11.74) I lease, promptly delivering lo ~ssot al his oF~ce ail keys fo~ the de~sed premiss, with ~1 ttuh and e so 'on o~ this ~:tl. off re. ~ buil~in~:ou~swep, clean. ' , pr .. balances, remov~'.d , lO ~sso~ prom t wrillen notic~ o[ uny accident ' · P'Y for Oas .nd ~ (~ Promptly pay For a~ g. and eleclrJcit ........ ,.,,r~ ur damu,e occurrin, on ur 1o Ihe demis~ premises · Electrici~ Jcontmuance o~ this lease I~ so s~ci~ed In ........ ~ ,, _. , ~ ~ cst= and ;a~i~s consumed In Ihe hire n ' ' · ri, t to sc tie t r- ~'"a'"v" e, iq/; uno snoud Les ' demiaed ptom~ses dutm tbe I bereror, such ~ums lo ~ ~o s~ ra~l to m~e the~ a me ~nan~ of L~e / , -. ~--a~ uy ms fairly, guests, visitors, age. Is and employees"'" ~ ~uaaee s orencn o/n~y of tbe covenunls, terms and conditions ~ 9, Lessee covenants and a~ees that he wtU do none orlhe I~llowin Ihin s w' ~e of (a) Occupy Ihe de~sed remises in g ~ ~lhout the consen~ In wrlHn ~lgn~nt and Imm ur co~ml on Io occupy file demised premiss ur uny oa~ ~.~J~. premises or any piti Ihlreo[. or ~r il an olher ~bletttng lleusc ur such sUb~l~ ~tho0t an addhl~--I ...--,-:' - ~- ...e....; .o, a.a. ~y asxiRn~ o~ subdes.~ ...1.. ~J Y ~rson; ~hall · ~ ...---~ ---~. ~nsgnl ~y Ibc Lgs~r a~ w ........ ~-, mot~a~e or p/co~a this be vahd. If the Lessee ~eomes emba.assed or Insolvanl o. --,.u~- -~ _~[~oul sue mnsenl no su~ a~isnntent, mort n bankruptcy is fi/ed by or age/nat the Lmsce or a bill m equity or other proceed/ne for the appointment of s receiver for the Lessee is Fried, ct [f the real or personal property of the Lessee shall be sold or levied upon by any SherilT, Maxshal or Constable, the same shall be · violation of this covenant. ' , (c) Place dr show to be ~placed any stand, booth, sign or show case upon the doorsteps, vestibules or outside walls or pavements of said g!gns pre?n/scs, or paint, place, ese(~t or cause to be p"inted, placed or erected any sign, proJection or device on or tn ~ny put of the pismires. Lessee shall remove any si~, projection or device painted; placed or erected, If permission has been granted and restore the walls, etc., to their former conditions, at ct pnur to the axpisation o£ tide inere. In case of the breach of this covenant (in addition to all other remedies ~iven to Lessor In case of the breach of any conditions or covenants of this lense) Lessor shall have the privilege of removin~ said stand, booth, sign, show case, projection or devtce, and faltering said walls, etc,, to their former condition, and Lessee, at Lessor's option, shaH be Hable to Lessor for any and all expenses so incurred by ]Lessor. Alterations (d) Make any alterations, improvements, or additions to the·demised premises. AH .Iterations, Improvements, additions or fixtures, Improvan'~nts whether installed before or ·fret the exanution of this jesse, shall remain upon the premises et the expiration or sooner detesm~atinn of this lease en.d:..become .the property of Lessor, un/ess Lessor shall, prior to the determination of this lease, have styes written notice to Lessee to ?.~m.o.v.e..t~he._s_a~e.I_ln ,w_hl¢~ e~ve.?t Lessee wtil.t.emo, v.e.such ai.teratinns, lml~rovemants and additions and restore the prmnires to the same good thereofV'u~' ,u~VfromUUnmt]onLessee asmedditionalWmcn sneYrent,now axe. ~uotun Lessee iai] to do so, Lessor. may do so, collecting, at Lessor's option, the cost and expense Msch4nery (e) Use or operate any machinery that, in Lessor's opinion, is harmful to t~e building or disturbing to other tenants occupying other p~rts thereof. Welgh~J (0 Place any weights in any portion of the demised premises beyond the safe carrying capacity of the structure, (~) Do or suffer to be done, any act, matter or thing objectionable to the fire insurance companies, whereby the fire insurance or any Fire Insur~,~ other insurance now in forcer or hereafter to be placed on the demised premises, or any put thereof, or on the building of which the demised premises may be a part, shall become void or suspended, or whereby the same shall be feted as s more hazardous r[ak than at the date of execution of this lease, or employ any person or persons objectionable to the fire insurance companies or carry or have any benzine or explosive matter of any kind In and about the demised premises. In case cfa breach of this covenant (in addition to all other remedies given to Lessor in case of the breach of any of the conditions of covenants of this lease) Lessee agrees to pay to Lessor .as additional rent any and all increase or increases of pren~tiums on insurance carried by Lessor on the demised premises, or say part thereof, or on the building of which the demired premises may be a part, caused in any way by the occupancy of Lessee. Removal (h) Remove, attempt to remove o.r manifest an Intention to remove Lessee's goods or property from or out of the demised remises of Goods ~o?.~_r~.t.h_a.n,_~._the o[d.l~n,a~.y and usual course of business, without having first paid and satisfied Lessor for aH rent which ma be~me due Vacate Premises (i) Vacate or desert slid premises during the term of this lease, or permit the same to be empty and unoccupied. · 10. The Lessee a~ees that if, with the permission in writing of Lessor, Lessee shall vacate or decide at any time during the term of this lease, ct A~ncy on any renewal thereof, to vec~e the herein demised premises, prior to the expiration of this lease, ct any renewal hereof, Lessee will not cause or Removal allow any agent 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, that Lessor may remove any signs that may·be placed on or about the demised premises by such other agent without any llabi/lty t(~Lessce or to said agent, the Lessee assuming ail responsibility for such action, Lassor's Rlgh~ 11, Lessee covenants and agrees that Lessor shall have the right to do the following things and matters in and about the demised premises: .~.~, ~. ^~ (a) At all reasonable times by himself or his.duly authorized a ants to o u n andins · ..~ ......... and ~ at h's , g po p ct the demised premises end every art thereof', Premises /.tr. - ~ option to make reps. ir.s, alta. rations ~d additions to the dcmise~ premises or the building of which the demised premiss is a part, to/ At any time=or times ann tree time to time to make such rules and regulations ns In his Judgment may from time to time be necessary Rules end for the safety, care shd cie,an, Hesse of tho promises~ and for thc preservation of good o~der therein. Such rules and regulations shall when notice Regulations [ thereof is given to Lelsee, rolm a part of this lease , ' .... ] ( ) To display ~ For S_,kle slj~n at any time, end also after notice from either art of lnton ~ase, t~ans, , P Y 'tics to determine this lease or at an time e; ..... .~ 10~t. t. his. six months pq[or to t~e expiretiun of his lease, a "For Rent" sign, or both "For Rent" and "l~n&~.t.,, .t.n .... ,4 ...... r ~ --.,--,.o .--.,~*,~UU ay' ~,~SOt may UtspeC[ tee premises P4on~ay thru Saturday between the hours of 1 AM end - .,.?_~'./~' 1..(d). The. Lesso. r may .dl.scontinue all facilities furnished and services rendered by Lessor or e?, '~of them nog?e0x .~,.n,u..e ,nlra.milt' t)~t,ng unoerst.OOd t.llat .they, constitute no part of the consideration for this lease, . , ...... , .... t~. ia,* in tea event test the uen'ured premises Is totally destroyed or so damaged by fire or other casualty not occurring through fault or negligence of the Lessee or those employed by or acting for him, that the same cannot be rep.Ired or restored within a reasonable time, this lease shah absolutely cease and determine~ end the rent shall abate for the balance of the term. (b) If the damage caused as.above be only partial and such that the premises can be restored to their former condition w th n a reasonable time, thc Lessor may, st his option, restore the same with reasonable promptness, reserving the right to enter upon the demised rem sea for that purpose, The Lessor also reserves the right to enter upon the demised premises whenever necessary to rep.Ir damage caused by Fire or other casualty to the building of which the demised premises Is a part, cyan though the effect of such entry be to render the demised premises or n p~t thereof untenantable. In either event the rent shall be apportioned and suspended during the time the Lessor is in possession, taking into account the proportion of the demised premises rendered untenantable and the duration of the Lessor's possession. If a dispute arises ss to the byam°untlaw to°frecoverrent dUetheUnderexcessthispayment,clause,ifLesseeany, asses to pay the full amount el"seed by Lessor. Lessee shall, however, have the right to proceed (c) Lessor shah not be liable for any damage, compensation or claim by reason of inconvenience ur annoyance arisin from the neces of repairing any portion of thi building, the intirr~ntion In the use of the nremt... ~- o~- ..... · ............ g - s'ty 13. The Lesso~ has [et the demised premises in their present condition and without any representations on the art of the Lessor his office orempl°yeesat any tlmeServantSthereafter.and/°r egunts. It is understood and sgeed that Lessor is under no duty to make re, pairs or alPterations et the t~me" of lettingrS' 14. (a) No contract entered into or that may be subsequently entered intq by Lessor with Lessee relative to any alterations, additions, improvements or'.repabs, nor the fa/lure of Lessor to make such alter·tions, additions, improvements or repairs as requ red by any such contract, not the making by Lessor ct his agents or contractors of such alterations, sdditiuns, improvements or repairs shall in any way affect the payment of the rfnt or said other charges et the time specified in this lease. · (b) It Is hereby covenanted and ·greed, any law, usage or custom to the contrary notwithstanding, that Lessor shall have the right at ail times to enforce the covenants and provisions of this lease in strict accordance with the terms hercof~ notwithstanding any conduct or custom on the part of the Lessor in refraining from so doing at any time or times; and further, that the failure of Lessor at any time or times to caf or its ri~ts unde~- said coy. chants and provisions s~ctly in accordance with the same shall not be coast-u-,4 -- k...t ............... e or manner contrtry to the specific terms, provisions and covenants of this lease or es hevins In any way ct manner modified the same. (e) This lease Is granted upon the,express condition that Lessee and/ct the occupants of the premires herein leased, shall not conduct themselves in a manner which the Lessor in his sole opinion may deem improper or objectionable, and that if at any time durin the term of this lease or a]l~,,lextansion or continuation thereof, Lessee or any occupier of the said premises shall have conducts himself, herself or themselves in k"~anner which Lessor in his sole opinion deems Improper or obJectioheblf), Lessee shall be taken to ~fe ~roken the covenants ~d conditinn~l,f [this lease, and Lessor will be entitled to all of the rights and remedies granted end reserved herein ,he Lessee ooserve any o~tne!covanants end conditions of this lease. -I ~r [ 's failure to (d) In the event of the failure of Lessee promptly to perform the covenants of'Pat. #8. (c) hereof, Lessor may ' o upon the demised premises and perform such covenants, tho coat thereof, et the sole option of Lessor to bd charged to Lessee as addltinns~and de[in uant rent 15. If the Lessee ' q · (a) Does not pay in full when due any and all installments o~'rent end/or any other charge or payment herein reserved, included, or agreed to be treated or collected as rent and/or any other ch·res, expense, or cost herein agreed to be paid by the Lessee; or . (b) Violates or fails to pert~rm or otherwise breaks any covenant or agreement herein contained; or . (c) Vacates the demised prembes or removes or attempts to remove or manifests an ~ntention to remove any cods or property therefrom otherwise than in the ordinary and usual course of business without having first p"id ~nd satisfied the Lessor ~ full for ail rent and other charges then due or that may thereafter become due until the expiration of the then current term, ·boys mentioned; or (d) Becomes embarrassed or Insolvent, or makes an assignment for the benefit of ctl~ditors, or if a attics in bankruptcy is filed by or against the Lessee or a bm tn 'eqn/ty or other proceeding t'or the appointment of e rel~eiver for the ~.-(ssce is £ded or if re reorganization or for composition with creditors u-de .... e ...... e-~ ............... , p feedings for property or the Lessee thai~ be sold or levied upon by any due process of law, then and inlany or either of said events, them she I be deemed to be e breach of this lease, and thereupon Ipso facto and without entry or other action by Ldssor; (dl) The rent for the esl. be unexpired balance of the term of this lease, as well as all other char es, ~aymants, costs and expenses herein agreed to be paid by the Lessee, or et the option of Lessor any part thereof and also a~l costs and of~g~rs commissions ~clu wages and further includin the five rcent char · ' ding watchman's g PO gcebla by Act of Assembly to the Lasso, shall, tn addition to an and al/ nsf ~ready due and payable and in arrears and/or any other chares ~r nsvm~..~ k~..l. .. ~ ..... Y I aliments errant ...... o- -- .=. ............. r..en, an, mctuuan or a~ecd to be treated or collects rent, and/or any other charge, expense or cost herein ageed to be paid by the Lessen which may be due and payable and In be due and payable and in arrears as if by the terms andprovisious of this lease, the whole balance of unpaid rent end other char es s me taxes, costs and expenses were on that d·te payable in advance' and 1~' ,kt., .................. g ,.p y nts, thereof is sub-let, Lessee hereby irrevocably constitutes and appoints Lessor Lessee s~ agent to collect t~ rents due ~y such assignee or sub-leases and apply the same to the rent due hereunder without in any way affecting Lesiee~s obligation to pay any unpaid balance of rent due hereunder; or in the event of any of the foregoing at any time at the option of Lessor; (d2) This lease and the term hereby created shall determine andbecome absolutely void without any right on the part of the Lessee to save the forfeiture by p·yment of any sum due or by other performance of any condition;Irate or covenant broken' wh entitled to recover dams es for such breach , eseupon, Lessor shah be ....... ~ .... In. an amount equal to the amount of rent reserved for the balance of the term of this lease less the S~lf rentaJ value cites seln uem~se(lpremlses, [or the residue of said term. - 16. !n. th.e event .of any de.t'cult u.afores~d, the Lessor, or anyone actingon Loner's behalf, et Lessor)s option: tn) lviay without notice or omman(l'enter the demised premises,~oreaking open locked doors It' ~e~euary to effect entrance, without llab~ty to action for prosecution cz damages for luch entry or for the matter thereof, for the pus ese of distraints o lev ~ e.?.,,;~;e_,,...an_~ .~., PO..: .ssion or ,.:,.,~ .., all gno~. and eh,tt,l, et ,,ction, on ,,,ce de¥,.oti~, serv,~ in ,.,son~o;',"~h, .,..r-..-;.~-, tn. pay m? sa~a.t.e.Jsor o, ur Of the procee(u, *nd. even it' tho rent be not due and un-aid should th~a-L..*~* mttVZltFI, to remove goo~ ann chatters from the premises d,,tthout leevtn enou th n *' , .............. . ...... r. mo.e or au. thorizes the Lessor to follow for · celled of n/notv d~va n~*~ .... h ...... ?. ,_ gh e.~ .to .m~.t the next porlodlctl payment, Lessee os such goo(is to meet the nro-*~.*lo*; ~r .... ceru~t ~'*~;'*~,~;,7;;,~'~ ..... _t~c,.e po?.esa~.On ct ·.nn sett at auction, upon like notice, sufficient . r ......... · - ................... Gn removal, ann the J. eeseo neseby release and Interrupted Represenrst{on ofl Condition Agreements and Conditions Effect of Repalrl or Rentals Waiver of Cuatnm Condu~ of Fallurl of LaM to Repair Remedies of Leer (11.74) Further Remedies of Le~or · his agents from als claims articles suits da ' sale; nnd/or , , , ma~es and penalties, for or by rcaaun ur on account of any an%fy, distraint, levy, appraisement .... (_b! ~May, enter ,t.he pectate, o, .un.d. wi. shout .demand ,p?occed by distress and sale of thc goods there found to levy the r~:nl and o vou,g~s hereto peyaozo as rent) &nu Ail COltS UnO office · , ' / ; other Including a sum e~uai to $~ .,f She amount o# 'h' '-'e-17' -c-°*-n~- -s~'l-°-'n--s-' -in-c-lo-d-lng wat. c.h.men s W?gas end sums. chaagoablc to Lessor, and further basSeC~ aha In SUCO OMC nil colts, officers co-~t~*tA- --~ --~ ........... ~P .. manlng ibc levy, sheU be paid by thc rent *--~ -=- .--~- - . __:. ..... .,~ua~u,l a=~u omar char, as snaa unme~aasely attach &no cecome art of tho · , ~,u mi t~lt~ir Ol tens Y, qf. flour ~o ~o1~ eom p claim of L~ssor for satisfy the c~aim of she Lessor Lessee hcrob~ o-.--n--~,~. .-O--n,--I~--d ?=h~gas _ma.do afte.r, sh.o Isa _.e of. a..w. ln'ent of diet.foss sh,a~, not be sufficient to gelding &ny llmh·,o as to she ~o~,~ u n ~v~lch or t c ·o or welch may hereafter be mllevee tho Lessor of the oblations of ...... ~ ...... X'.)__ _h.!_t..l~_ r .wi..sh~,.n ,wh, lch!,dlsti, e. Is to b~..mtda aft.ar removal of goods, and further F-vv~4~l ~ lu~a~lyzn local coos) It ocIR~ tea purpose Atto Intent of this provision that all goods of Lessee. whether upon tho do~d premiss or not, shell be Ua~lc to ~l~tress for rent, Lesse~ waives In f·vor of Lessor all rights under the Act of Assembly of April 6, 1951, P.L. 69, &nd all supplements and amendments shereto Shat have been or may hereafter bo passed and authorizes the sale of any goods distrained for rent ·t &ny time afte~ five days from said distraint without any a praise·eat and or condemn ~Lessee further waives She right/ to issue a Walt of Ro-~c''~ .................... a~. .... !/! ·lion thereof, Tho .. ~, ·., ~,,u,~s .~= runnsywama Kules ur LaVU rroceuurc, flu 1071 &o and Laws of ~.;ommonwe. aith ur rennsylva~la, or under &nv other law -sevlousl ..... ..a ._~ .......... , the · - r ~ ..n~.~u ,u,u now m iorce or wmcn may bo hereafter enacted, for tho recover · 1- &ny orioles, household leeds, fu~nitnse utc,, seized n othc?.~..',~:,~aiv., hescinbefo, men.cued aec hcre~ ........... ~.,.d_._?._dl_._,.?. _r.o, r:,.t or l..~ u~un &n ..ccutlon for rea,, da·eras or [,c) Ma Jcaae said promJsel[ or &ny t or parts t~craof to such person or rsous as ma ' shall bo liable for any loss of rent for the ~)al~ce of the Shun current term pe y In Lessor s discrellon seem best and thc Lessee (d) Any re-entry or re-letting by Lessol' under She terms hereof shall be without prejudice to Lessot's claim for dam .circumstances relOMo Lessee from liability for such dam ...... ~.~ ......... ,- ....... ages and shall under no tease ! - - -e-- ~,.,,,e ,,u~ u,, t,,~= ureacn el &ny el tag coven&nra, terms &nd conditions of this :cuing 17, ~t is understood and a~ced Shat tho Lessor hereof docs not w·rrent or undertake that the Lessee shall be able to obtain · permit under any Zoning Ordinance or Regulation for such use as Lessee Intends to make of tho said premlsas~ and nothing In shis lease centained shah obligate tho Lessor to assist Lessee In obtaining said permit; she Lessee ~rthcr a~ces that In thc or, nS a permit cannot be obtained by Lessee under any Zoning Ordinance, or Regulattoh, this lease shall not terminate without LeSsor's consent and the Lessee permitted under such Zonina O~dinance o~ Resolution. , shall nsc the promises only in a manner 18, Lessee agrees to be responsible for and t~ relie;/~'and hereb~ -e" ..... '- ................. ~ · .~v~ mo ~..uaaor xrom an Uanulty oy seaaon cluny b~Jury or damage to any Responsibility person or property in ~e dem~ed prendses~ whether belonging to thc Lessee or &ny other erso of Lessee any pttt or pot.on of the demised nrontlsus or an ........... ) ............... p.e _n, ~ed by. any. fire, breakage or 1oaks e in r ~' · p~ u~ Fuxtaun Ct ~n0 OUL[nsng ct W~lcn she oenllsea pronulee !1 1 pl~ or from waterT;ain (11.74} the deathS, pipes, or plumbing Work of She same, or from any place ct quarter, whether such breakage, leakage, injury or damage be caused by or snow that may leak into, tsspe or flow from &ny pa~t of She said premises, or of She building of wkJch the demised prendser Is a part from Additional or result from the negligence of Lc. ocr ct hl~ servants or agents or any person or persons whatsoever, Responsibility 19. Lessee also a~'ees to be responsible for and to teUeve &nd hereby relieves Lessor from aU llablUty by reason of any damage or injury to any person or thin8 which may n~lse from or be duo to thc uso, misuse or abuse of all or any of tho elevators, hetehaa, openin s, stairways hid]ways of Lassos of any kind whatsoever which m·y exist or hereafter be erected or constructed on the said premises, or from any kin~o£ Injury ~hlch may ~u~se from any other cause wi~atsoover on She laid premises or the building of which the demised promises is a part, whether such damage, I11-74) ~c~' misuse or abuse bc~ caused by or result from tho ne~igence of Lessor, his servants or ia·eats or any other person or persons Confession of O. I .......... (~' ~l'"'e'° ;'~.~L~es~is'Tent'shall"re _n'r~ Pr(~thonotary or attorna o __ atd'~ay-wh~e-ahou~ d'-L-essce-he~ -a"m-=t~ ..... Y f any Coup. of Record to appeaz for Lessee In &ny and all actions whic ~ Judgment ~_=.~ ~=,.,..,. r~ ,(s an. expenses reservco as rent, or u~'eed to be -aid el rue rent s eciltcoln !' - .... ; ;: ----.--;- ....... r ..... =!'--':.:: :: :.'.: ;:;=. ;.r :.'.~ ~" o.a/ .... ~..P.~ .- S lease and !hen u. npaid including, at Lessor'I option, to nc pale oy the L,CSSeC &nd for interest and costs too,~shcr"~[i~"-'~":L':'-'-'l:.,c-n~s ,Pa~ymcn. ts.,._c_osLe uno expcus~ reserved as rent or ~igrecd · ' .,- m~ a~,a~.~ay a ~ommlsston el l.~. Such authority shall not bc ckhaurted by one exercise thereof).I~&,judgmunt may be confessed as aforesaid from time to time aa t rent shall fall due or , . of en aa &ny of said rent &nd/or other char os rase e extension be In anaazs, und su~ powers may be exercised as well after the expiratlonlof the original term &nd~r durln~ or renewal of this lcue, Ejaetmcnt :21: W. hen .this lease shall be dcterngned by condi,un broken -"~- ............. aaa also wnon end as soon as tho term berab created or en e ' o..vx uurmg tn0 original term or this ileal or any renewal or 0xlonsion sheseof Y Y xtenslon thereof shall have ax lred,,lt shall be lawful for any attorney as attorne~ for Lessee to rue an a~'eement for enter_lng ~n any competent Court an amicable ac,on en~]ud unt In c ce,on against Lessee and all persons claiming under Lessee fo: She tecovasy by Lessor of possession of tho herein demised ptc~P~e~, for we~lch this lease shall bo his sufficient warrant, whereupon, If Lessor so das~zas, a walt of habece facies nosseesinncm m·y Issue forshwlsh,l without any prior writ or proceedings whatsoever, &nd provided Shat If for any reason after such action sJ~J] have been commenced tho lame'shall bo determined and the possession ~hfctht:rPmrlenan~t[~~ hoe/et~sd~emiaa:e.d.r~emreaiein~.in.~)~rabe~mr,e~.o.~kd to_ .Le~s~_ec Lessor lhaU ha.ye ~.e right upon nn subs uen, default or defaults or u on aa -- ,,~--.,~v.. ~, ~v..,,~ ~o onne one ~ ............... I/' 0(11 , P e v. ,,,¥~ .uuuaum ·cuon or acUuns as I~otainb~fure sot forsh to /ecover possession of the said premises. a, ffldavit of 22. In any amicable ac.on of e~eotmont end/or for sent in ·treats, Lessor shall ll~st cause to be flied Datault someone acLin8 for him set,ne forth She facts neces.-~ t ..... ~._.._ .~ .......... :l,n.su.ch?c,nn. an affidavit made by him or evidence, &nd If a true copy o~thls lease (und of the ~h ~l'~t~'-u:~--~' .t.n..e,.e.n~ _o~z.l_U. nl~.n..ear) .o! .wmoa !a.cu suen amdahl sheU be concludve not be necessary to rile tho oriMnai ............ · ......... ~.¥p~-.a~c. a.lalV~S snail o· lurll~lnt evidence) be filed in lac a. ~ · weaai.t ua a~uzne )Aily rule Ol L;Ot~'t CUstom h action it shaii 2;3, Lessee expressJy agrees tJ~t lev luderm&nt ....... ~-~-; ....... or ~r&ctJce_to thc contr·ry notwithst&nding, Waivers by attorney contained Jn this lc&so, or otherwise, shah be flnel, and that he witl not take an appeal, certiorari, wirer of error, exception ur obJcc,on Las· of Errors, ' ' ° "'" , uJu.z ox o~ree ansoseu a~amst nlm Dy cfm &ny COUrt Or Ma strata by virtue of the powers of Right of Appeal, to the same, or £lla a mo.on or rule to strike off or open or to stay oxcoulJon of the semc~ and faieeses to LaslOr and to ·ny and all attorneys who may ap ea~ for Lessee a~ errors In She said proceedings and all liability therefor. Lessee expreuly waives the benefits of·il laws now or Stay, Exemption hereafter in Foerce, cxemp,ng &ny goods on She demised pr$~'n~s, ct ehewhcre fsom Inqullition Lessor to enforce any rJgilts undel; rit~ lease Lessee furtho- "-) ............. .di..Ittaint) levy or?de In a~.y legal roeeedIngs taken b the , · w..vua ~no n~nt otto umUon on an Y &ny amount which may become duo under tho te ..... .~ ---~ .......... ~ - - y ra~ estate ~at may ~o levied u n to coUeot authorizes thc Prothonotuy to enter a flail rsnl... ""° .~,u ~.uuumufls o[ mrs lease, ann OcoS hereoy votuntl~ll cendamn po a flea r.,a..- ~.'=~ ..... r ot~er process upon Lessce)s voluntary cond·mnatinn and ru-o~y- ......... _t.h[sam. e~ .: ...:..~ u. u.,or process il procecdJnRs shall be commen~d ~u 1 ...... ' . s.,~s ·(~Jeva ~nat tee saJu rca, ' eno ur tee term or sooner to~n~ ' . ~. - ............. . ~o.or ~9 recover possession, ndet tho Acts of ' natron ct this lease, or for nonpayment of sen ' r any other rea~o. ~ossee specifically three months no,ce &nd/or the firtaen or thirty day1 notice require b thc . t of Right of be sufficient In either or any ,uch ca.. I y ~ April 6, l,~ ]~,L, 69, and agree, ag~tiust Lessee and to enforce ail of the other provisions oil this leu~ hereinabove providi'd for may, st tho oAfsslgnae ~o, bo exercised by &ny assignee of the Lersor's tight, title knd Interest In this lease In his her or their own Lessor name, notwithstanding tho fact hat ~'~y of all assignments of thc said ri hr, tide and. interest may' not be executed en~i/or witnessed n uccordance with the Act of Assembly of May 28 1715, I Sm, L, 99, an~gnll su pie·eats and amendments thereto Ihat have been or may hereof tar be paascd and Lessee hereby expressly w~lvas the rcqulr·mcnts of s and/or form in which such oaten·oats shtll be executed &nd ,~ ..... a aid ~It pi' Assembly and any and nil laws regulalln~ tho manner Ramad~aa _~_~. AU or t~e r:mcdip ~.es~befo~, liven to Lessor &nd ~U";i~'t';'-- ............ ~;oncurrent. ~ro oeternunaUon of this lease or tho saki-- - ~" '~ ,t.u. ~.omemes.8~v0n. t(J, It by taw and equity shall be cumulative and o,aln,, ,he Le.ce for rea,' du.., ,ha rime or whtch~L~IC?~cr"~g O, 'nC pre.usaa sea, deprive Lessor or.ny of Its re·edge, o, ac,on determination, ~)r for sums duo at thc time or whl,,h' ...... .torms.hcreo.f, would.in-tho future become due as If thoro has e determina~on, nor sheU the bdnitng of &ny ac,on ~';'reu~t~- ~n--e-!tr-m~ nercol, .would. m ~c future become due al If these had bbceenn · ~. u~,aa~;, o~ covenant, or the resort to any other semcdy hcrain provided for thc recovery o! rent be construed u a waiver of the right to obtain possession of the promises, Subordination 26, This Agrccment of Lease &nd all Of its terms, coven&nra, and provisions aru and cach of them Js s,;bject and subordinate to any lease or other arrangement or right to POssesdon, under which the Laasor is tn control of the dcmtsod ~rendsaa to the rights of the owner or owners of the demised, premises &nd of the land or buUdln~s of which the demised premises ~a apazt to all right~' of the Lessor's landlord and to an and all m~rtgages and other encumbrances now or her,e, after placed upon thc demised prermsee or upon thc land &nd/or thc buildings containl~ the otb ' ' ' ' aurae' and Lessee ex ressly a cea that If Laalor s tenancy control o ,crvasc, then this ~eUc sha~hereu~,on I----." ........ ~, . 't .:r r!ght to ~)ossession sliaU terndnate eishcr by exnl~s~t ......... ~aives any and esi claims for damages ~; o+~-':~L'=~mz-n-asa a.nc thc t.eucc sa·Il, thereupbn, g~ve immediate ooh.~';f~-;L',~'}Lu..~l~.'Lu,rc · 7 In the event that the ~r-~l---°~--~-'-':'''"'~ u2' r~a?on oisucn termination as aforesaid, ~ ................ e .ereuy ' ,- -,,-o-. -~.u~,~o o1' any part thereof is taken or condemned f tPa~InS~a.k..e.n.i_t_er_mi_.nate ~ ,o,f the d._ata ti,c .shall veer in thc ronda·nor and rea ..... ,or.~a..p_u ,b_llc or quu. l.pubU~:, usc) Shls l.eaae shaH, as to the .,..._ ,v~..uumneo.or snau cease if the enttro promises be so taken In e~thee aw .... ~ n~a~ ~l roportlon to the Iquare lout of leased space .-~ ,~ump~ete or pasties taking of tho do·teed nra·lees ---, .... ' .--;..-. :~..n.t the Le. ss..e~, w~t~as all .claims agaInst tho Lessor b rea paauaJ or complete tar·ina,on of thlsloaaa b ~ ,-,u. ~s agrceu teat mo Lessee sna~ not be entttled to an no,ce y son of y aaon o~the aforesaid Y whatsoever of the 28. It ti hereby mutually a~zeed that eiSher pasty hereto ma other pasty prior written no,ce thereof 1 ...... ~ .......... Y det~m}.ne this lease at she end of said e continue u n the sa e ,, a~a)zuanr, e With aaagrapn ~l I bu I trm by ving to the conies.ed ~ ....... ~ __tear? .nd ~.._d.l~s In fo,ce lmmed~:tcl~ -ri*r ,~)a- .LL~._~'_~uit or. such notice, .~ ie.e ,haU ,.._~ .... = .~- -..;-..)s~ ponCe al spec.~lod UI ameranh · 1 - r - .- .,,- v^ja~i.on or me term hamer as Ire here ;~.,,.,.-,,,..,,~uu .oy. e~tnar.._p_a.n.y hereto, giving tho oPthet"-~ afo--(-m,.)'..,~=d..,so _o,.n. from ~ncwai term to renewal term unless or un~ ,--,, ~..rrem term; I',Kf,.}¥1DED~ however *~.-. -~---,- --, :.,.....v.~ wrs[~on notice for se·oval r0vious o [mentJona~l &ny allowance ,a~.. ~ ..... ) -,.-._~ ~-~mu (ms Icaac ca continued for · further MdA.4P~ .... ~ expJra.tlon of tho ' ~,.--., .,-.4~u on me rent durin the ---- r ..... -.our mo terms nerainabove tutti}er, prp~ded~ however, that If Lessor shall, ~' .... !.n_~_ . :.ori.gin,,~ term .should not extend beyond sUCh grilles! '.,.~ ..,4 ~.,,,.,.u,__o.%lts. tntenrio., to ch.,s, the term,. ,:,ii"~on~i~n.'~' ,~.-t:,.n nott~ ~orior to tbe axpl,.riun of I .....,~, -~,-y ~.aSsor ct Lessce'e lntentinn to vacate tho dc~t-=.; =:.......,~..ase.,. a.n.o_ l.ess sheU not within thirty days from Isuch further term as ......... ~.ms. and .condl~ons mentioned ]'~ such notic~ for .~o .......... urrent, term, Laasae shall be · ,,.~ v,, a~.o m sunh noUce In the e ,. ,,,cra,. ~.rm as suave provided or for intention to vacate the dendced , vent that Lessee shell ye node ' premises at she end of the rose gi c, aa ssi ut-ted In ,ds toaaa of [re~.,.se ,o...to .--.cat, thc .me o. ah. d.,. das~en.,ed b- ,~,,'ch n.,.::?..o:_en,? ,,,ri,wes o,, .~ten,!on ILreof, &nd ,~.,' fail or j epoch aitnar ia) to diue~azd thc notice so ,.~v~n' as ha~l~= =- _i:~_'_'.",, m~,n, ~,! le ~xp?s~y a~reed that Lessbr sheU have the Cumulative Condo·nation Termination of Lea~e Inablllt'y to Additional Rent Right to Enforce Definition of Le~r end A~ant Heirs and Aulgnees expiration of the said ~period of ten days specified in s~id notice, AU powers g~anted to Leuor by thtl lease may be exercise, and all obU~atlons Imposed .upon Lelsee b th~ ,e,m of th. l.... u,,ng th. "'Il he pe,fo,m.d hy L.,.e., w., du.n, any exten,io, of th 29. If ~eslol Il un~ble to ~ve ~gm polleulon ct lh~ de~od palmist. ~j heze~ ~oHded, by reason o~ the hol~ ever o~ a prc~ou ~cupant, or by reason of ~y ~use beyond the control ct the Lessor, the Les~or Ih~not be liable in dam~g~ to the ~s~ therefor an du~ tho ~dod that the Lc.or 1~ unable to ~ ~,s~sion ~1 d~ts ~d ~mo~ of bo ' 30, ~assee n~ees to pay al ad~UonG ~nt an- ~d -' -..~L ............. th patti..here?des Ih~l ~ lut nded, ' · e covenants cE t~l le~e ~ .... x ~ ~.m. wm~n ~ay ~come sue Dy reason of the f~[ute ct a ~y aaa mi ~ es ~sts ~d e Lessee to comply with ~ o or ne~ect of the Lessee his ~,~. [~-+ .... , ..... ~-..-.~- .u ..... , a.~ a,so any ann aH ~es to the 4e~sed -te~ ..... ~..= =.. o~ th ........... ~--.~ tO 0e ~n 0y ~or to Les~e shah be suf r ......... ~ . ~ven by Less~ to Lessor must bo ~van by mrtlnoa ..u ...... ~[~tty ~n by l~nS the s~e u~n the de~sed re~ses u ' ~ssee shn~ ~ I ~ztified ~eturn r~aTnt .l~a ~ ...... ,,~u a~ .ganst ~=uot .the only admissaole o~dence th., .~.~ ~.. ~ b t,not~ 33, ~e word "~ssOr" ~ used here~ ~.. ~..,.~'~~s unaer~n~ o[ ~e coven~ts andpro~om o~ t~s ~ease, Executors, AdiOs,rate., Sue~lsO~ *a~'~[*~ ~~ ~and[~rd, whet~e~ Person,~bm or Cor~ratton, ns well ns the Hei~ thou he she Jt or th ~, .urn ann .lye mo lime ~gRts remem _ ~ , , ay hid od~n~y ~ed this Ieee as Lessor ~clud*-- *~- -, .... ' .. ~ p~we~s, pd~leges and obligations a lua~ent by ~n~eldon, ~r other~ ~0 word "L~see" as us-= L_ _. ~,t,~~ f~t ? p~o~ea m nil, narz ltl, or their o~ name to ante ~E as the Heirs, ExecutOrs, Ad.Mitered, Succ~sors and AssiZe, each of whom h ~ .~rm~, in~i lacluaa tea 'Eclat, whether ration Firm or Corporation shell have no other Uabflifl~ flohtl "dvUe--s -* ~o~-- .~.. ~. - ...... s aa have t~e s~o {l~s, remedies ewers, r ' 34. It Is expreesly understood and [~eed between the .... *-- ~ ............ ' a.,v..azure mat me harem named agent, his ~esman and employees or ~y otficer o partner o~ a~nt ~d ~ ~o~taflnS broker and his s~lmen ~d employees ~d ~y offl~r ox partner of the goopetat~g broker ate act~ n~nt o~y ~d ~1 in no ~se wha~vor ~ held flnble either Jointly or severally to ei~et p~ty for the performan~ ct ~y term oF covcnan o~ t~s a~oemont or for ~l ~or ~e nonperform~ce thereof. 35. AH rJ~ts ~d Hab~ het~n ~ven to, or Im~sed upon, or waivers o~ ~e tes~ctive pa~ies hereto sh~[ exte ~d r~s~ct~ve he~s, ex.fitch, ad~Nltratots, Igc~ssors ~d assi~s of s~d n~ti**, --~ ~e ......... nd to and hind the scver~ ~una Jomtly ~d.se~r~y by the terms, ~ven~U and no-emends he--~- -El .ZT* ~,~[~ara ~1 ~mote t~ one Le~ee+ they shall aU b e~ry ~rson or p~ty mentioned as a ~s~e herein be ~ ..... ~m, eno ~?u ~ snau ce d~med and taken to mean each per~ttcd by the terms ~ ~Js lease 'mav ~ dve-'k .... ~.~ u.a oLmorej ~a,*z there shah ~ more than one Lessee any notl~ ~ssor m wflt~g as escrowed, : -. a- ~ o~ ~essee unless tee assl~ment of such assignee has ~ecn ap~toved Leas~ Contains Entire Agreement SeVerabllity (11.74) Descriptive Heidlng Approvel (1-78) and Lessee that thl ',..n 'It nt and t ~ s lease sets forth ail tl~c promlses,~ cements c ~,,,** ~.,,.- h .. _ ~e to the demised premises and that th--- s.,,,~e ..... ,., onditlons an~erst~din~s between th~ found contrar t~ laws d , p asa ct r~uimment of thislease is con.ar to ~aw . - Y u~S ~e term or any rone~l or extension the..-r ....... ~ . .. or law~ s~bs~uendy enacted or shou d b, tnereoy, ~o ar~es hereby aee that the .... , me vauatty oz mo remmmn or o on. ~ ne aesc~pUve hea~n~ used he~ ~e Eot ~nve~ence only ~d'they nm not In ended to Jn~te ~ of the matter In the sections whicl ~ollow them. Aooot~n~y, ~ey Ih~ hl~ no etEect w~atsoe~r In detetmJn~ the tJ~ ~t obligations cE the ........ ~...', ........ ~ casa on ~e purchase price. ~ .....,~y m ~e ~ent, at the ~e or ~ttlemen/, a sale "' ..... . ................................ ug/l~/~ 1O:lZ '~'412 776 660~ DMK ~ ESQUIRE ASST ~002 Microfilm No. 'SEP 1 $1999 Filed with~9~cnt~ o~.ate on Of the d2> APPLICATION FOR REGISTRATION OF FICTITIOUS NAME In compliance with the requirements of 54 Pa.C.S. __311 (relating to registration), the undersigned entity(ies) desiring to register a fictitious name under 54 Pa.C.S. Ch, 3 (relating to fictitious names), hereby state(s) that: 1. The fictitious name is USA HOME LOANS A brief statement of the character or nature of the business or other activity to be carried on under or through the fictitious name is: mortgage and lending services and other lawful business The address, including number and street, if any, of the principal place of business or other activity to be carded on under or through the fictitious name is (P.O. Box alone is not acceptable): 220 S. Main Street, Suite B-8 Butler Number and Street City PA 16001 Butler State Zip County 4. The name and address, including number and street, if any, of each individual interested in the business is: N/A Nanle Number and Street City/State 5. Each entity, other than an individual, interested in such business is (are): Name Form of Organizing Principal 'Office Organization Jurisdiction Address PA Registered Office, if any Bankers Financial Services, Inc. a Pennsylvania corporation 220 S. Main Street, Suit, B-8, Buffer, PA 16001 The applicant is familiar with the provisions of 54 Pa.C.S._332 (relating to effect of registration) and understands that filing under the Fictitious Names Act does not create any exclusive or other right in the fictitious name. u~zAo/~ Io:lZ '/'~'41Z ?¥~i 6608 DM/{ -~-,-~ ESQUIRE ASST ~003 Optional: The nme(s) of the agent(s), if any, any one of whom is atrthorized to execute amendments to, withdrawals fi.om or cancellation of this registration in behalf of all then existing parties to this registration, is (are): N/A IN TESTIMONY WHEREOF, the undersigned have caused this Application for Registration of Fictitious Name to be executed this 15q('- day of' September , 1999. (individual signature) (individual signature) (Individual Signature) (Name of Entity) By: Title (Individual Signature) Bankers Financial Services, Inc. (Name of Entity) Mar~ampisi, President - 2 _ ........ 16:aa '~'112 776 6608 'V'ER,IF_IClATION I, Mark Campisi, state that I am th~ Presid~t of Bankers Financial Services, L~c., l/d/b/a USA Home Loans, th~ Plainiiff in the within action; that the attached do~_ment is based upon facts of which I have personal l~.owleclge or irfformation fumishod to me; that thc language of the document is that of counsel and not my own; ired that the facts set forth in the foregoing document are tmc and correct to the best of my knowledge, itfformation and belief. I understand that the statements hc'mi~ are made subject to the l:~nalfies of 18 Pa. Cons. Stat. Ann., Section 4904 relating to unswom falsifications to au~oritics, BANKERS FINANCIAL SF,~RVICI~S, INC. ~/d/b/a USA HOMI~ LOAlVS Dated: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DETWEILER ENTERPRISES, INC., Plaintiff, VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants. Civil Term No. 2001-5677 CERTIFICATE OF SERVICE I hereby certify that a tree and correct copy of the within PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT was served on counsel listed below, by mailing same via U.S. mail, postage prepaid, on this ~- day o f 4~, ~"01: Bruce D. Foreman, Esquire 4409 North Front Street Harrisburg, PA 17110 Matthew F. Marshall, Esquire Attorney for Defendants DETWEILER ENTERPRISES, INC., Plaintiff MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 2001-5677 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATOR~R TO THE HONORABLE JUDGES OF SAID COURT: Charles Rees Brown, Esq., counsel to the Plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $ 5,868.00. The counter-claim of the defendant in the action is $1,390.00. The following attorney are interested in the case or are otherwise disqualified to sit as arbitrators: Joseph L. Hitchings, Esq. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, FOREMAN & FOREMAN, P.C. Charles Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Charles Rees Brown, hereby certify that on the 15th day of April, 2003, I did personally serve a copy of the foregoing Petition to Appoint Arbitrators by depositing the same in the United States mail, first class, postage pre-paid, addressed as follows: Matthew F. Marshall, Esq. 501 Smith Drive, Suite 3 Cranberry Township, PA 16066 Joseph L. Hitchings, Esq. 26 West High Street Carlisle, PA 17013 DETWEILER ENTERPRISES, INC., Plaintiff MARK CAMP/SI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 2001-5677 CIVIL ACTION _ LAW _ORDER OF COURT AND NOW, this o~//~y of ~ ~°' , 2003 ------~" ~ ~' , 'n consideration o foregoing Petition, //~)~t ~..i /~ ~ , f the Esq., and _~-~~ Esq., , Esq. are appointed arbitrators in the above- captioned action as prayed for. BY THE COURT: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Detweiler Enterprises, Inc., Plaintiff Mark Campisi fid/b/a, USA Homes Loans and Bankers Financial Services, Inc., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5677 Civil Action - Law PETITION OF DEFENDANTS' COUNSEL FOR LEAVE TO WITHDRAW The Petition of the Law Firm of Saidis, Shuff, Flower & Lindsay, respectfully represents: Petitioner, Law Firm of Saidis, Shuff, Flower & Lindsay is the attorney of record for Defendants, Mark Campisi t/d/b/a USA Home Loans and Bankers Financial Services, Inc. A true and correct copy of the Praecipe for Entry of Appearance is attached hereto, incorporated herein by reference and marked as Exhibit "1'. 2. The Defendants have been unreasonably difficult during the representation. Defendants refuse to make payments to Petitioner of Petitioner's fees, which has resulted and will further result in an unreasonable financial burden on Petitioner, and good cause exists, therefore, under Rules 1.16(b)(4) & (5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. The Petitioner has given the Defendants reasonable warning that the Petitioner intended to withdraw unless the financial obligations were fulfilled. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA 5. Counsel of record, Joseph L. Hitchings, is no longer affiliated with the Petitioner. WHEREFORE, Petitioner requests this Honorable Court grant Petitioner leave to withdraw its appearance for Defendants in this action. Date: ~ - ~. ~ By: Respectfully submitted, SAIDIS~ SHJJFF~ FLOWER & L1NDSAY Ki~.. S~age, Esquire Supreme Court. I.D. # 77851 26 West High Street Carlisle, PA 17013 Phone: 717.243.6222 Attorney for Defendants SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street DETWEILER ENTERPRISES, INC.: PLAINTIFFS : IN THE: COURT OF COMMON PLEAS OF CUMBEKLAND COUNTY, PENNSYLVANIA MARK CAMPISI t/d/b/a USA HOME LOANS AND BANKERS FINANCIAL SERVICES, INC. : NO. 2001-5677 CIVIL ~_ER~- DEFENDANTS CIVIL .ACTION LA3~ PRAECIPE FOR E~WRY OF APPEA~C~ TO THE PROTHONOTARY Please enter my appearance, as co-counsel, on behalf of the Defendants, MARK CAMPISI ~/d/b/a USA HOME LOANS AND BANKERS FINANCIAL SERVICES, INC. in the above-captioned matter. Date Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ~i tc~ln~s ,~ quire ~torney'I.D. No.: 6~51 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiffs on this CERTIFICATE OF SERVICE day of ~'~'~.~/~.- hereby certify that I served a true and foregoing Entry of Appearance upon United States Mail, postage prepaid, , 20~(, I, correct copy of the all parties of record via addressed as follows: Charles Rees Brown, Esquire Nicholas and Foreman 4409 North Front Street Harrisburg, PA 17110 SA/DIS, SHUFF & MASLAND SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Slreet Carlisle, PA CERTIFICATE OF SERVICE I, Kirk S. Sohonage, Esquire, certify that on q~Jl day of ~, 2003, ! served a true and correct copy of the within ORDER ALLOWING WITItDRAWAL OF COUNSEL AND PETITION OF DEFENDANTS' COUNSEL FOR LEAVE TO WITHDRAW on the below-named parties, by depositing same in the United States mail, first class, postage prepaid, addressed as follows: Charles Rees Brown, Esquire FOREMAN & FOREMAN 4409 Front Street Harrisburg, PA 17110 Matthew F. Marshall, Esquire DILLON MCCANDLESS KING COULTER & GRAHAM 501 Smith Drive, Suite 3 Cranberry Township, PA 16066 Douglas C. Lovelace, Jr., Esquire (arbitrator) 36 Donegal Drive Carlisle, PA 17013 Anthong T. Lucido, Esquire (arbitrator) METRE EVANS &. WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Joseph L. Hitchings, Esquire 203 West Caracas Avenue Hershey, PA 17033 By: Detweiler Enterprises, Inc., Plaintiff Mark Carnpisi fid/b/a, USA Homes Loans and Bankers Financial Services, Inc., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy, PENNSYLVANIA : No. 2001-5677 Civil Action .- Law ORDER ALLOWING WlTHDRAWAL OF COUNSEL AND NOW, this day of 2003, upon consideration of thc Petition of Defendants' Counsel for Leave to Withdraw, it is hereby ORDERED and DECREED that said Petition is GRANTED and that Petitioner, Saldis, Shuff, Flower & Lindsay, be permitted to withdraw their appearance of record for the Defendants in the above matter. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Detweiler Enterprises, Inc., Plaintiff Mark Campisi t/d/b/a, USA Homes Loans and Bankers Financial Services, Inc., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5677 Civil Action - Law PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: <~4't-' ~,~,,~ 2003, please withdraw the AND NOW, this day of ,~ , appearance of the Law Firm of Saidis, Shuff, Flower & Lindsay as the attomey of record for Defendants, Mark Campisi t/d/b/a USA Home Loans and Bankers Financial Services, Inc. A tree and correct copy of the Order Allowing Withdrawal of Counsel is attached hereto, incorporated herein by reference and marked as Exhibit "A". By: SAIDIS~ SHUFF~ FLOWER & LINDSAY Kirk S. Sohonage, Esquire Supreme Ct. I.D. # 77851 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Detweiler Emerprises, Inc., Plaintiff Mark Campisi fid/b/a, USA Homes Loans and Bankers Financial Services, Inc., Defendants : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2001-5677 : Civil Action - Law ORDER ALLOWING WITHDRAWAL OF COUNSEL AND NOW, this ~ day o~, 2,303, upon consideration of the Petition of Defendants' Counsel for Leave to Withdraw, it is hereby ORDERED and DECREED that said Petition is GRANTED and that Petitioner, Saidis, ,>nu , Flower & Lindsay, be permitted to withdraw their appearance of record for the Defendants in the above matter. SAIDIS SHUFF, FLOWER & LINDSAY 26 w. High Street Carlisle, PA Detweiler Enterprises, Inc., Plaintiff Mark Campisi t/d/b/a, USA Homes Loans and Bankers Financial Services, Inc., Defendants 1N THE COURT OF COMMON PLEAS CLrMBERLANT} COUNTY, PENNSYLVANIA No. 2001-5677 Civil Action - Law PETITION OF DEFENDANTS' COUNSEL FOR LEAVE TO re~cfful,l~ The Petition of the Law Fkrm of Saidis, Shuff, Flower & Lin.~.:%~.,~ represents: Petitioner, Law Firm of Saidis, Shuff, Flower & Lfudsay is the attorney of record for Defendants, Mark Campisi t/d/b/a USA Home Loans and Bankers Financial Services, Inc. A true and dorrect copy of the Praecipe for Entry of Appearance is attached hereto, incorporated herein by reference and marked as Exhibit"l". 2. The Defendants have been um-easonably difficult during the representation. Defendants refuse to make payments to Petitioner of Petitioner's fees, which has resulted and will 2uther result in ma unreasonable financial burden on Petitioner, and good cause exists, there:Yore, under Rules 1.16(b)(4) & (5) of the Pem~sylvania Rules of Professio~xal Conduct for Petitioner's withdrawal. The Petitioner has given the Defendants reasonable warning that the Petitioner intended to withdraw unless the financial obUgadons were fulSiled. 5. Counsel of record, Joseph L. Hitchings, is no longer affiliated with the Petitioner. WHEREFORE, Petitioner requests this Honorable Court grant Petitioner leave to withdraw its appearance for Defendants in this action. Date: <& . i.a~ By: Respectfully submitted, SAID1S~ Stt!JFF~ ]FLOWER & LINDSAY Ki~S 'Sc'. ~S-~age, Esqu' e Supreme Court. I.D. # 77851 26 West ]:~[igh Street Carlisle, PA 17013 Phone: 717.243.6222 Attorney for Defendants SAIDIS SHUFF, FLOWER & LINDSA¥ ATFORNEYS*AT'LAW 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DETWEILER ENTERPRISES, PLAINTIFFS INC.: MARK CAMPISI t/d/b/a USA HOME LOANS AND BANKERS FINANCIAL SERVICES, INC. DEFENDANTS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA NO. CIVIL ACTION LA~ PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY Please enter my appearance, as co-counsel, on behalf of the Defendants, MARK CAMPISI t/d/b/a UoA HOME LOANS AND BANKERS FINANCIAL SERVICES, INC. in thc= above-captioned matter. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Hitc[~n~s~ quire ~;~hne~y' I .D. No.: 6~S1 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiffs On this 2 /5j- hereby certify that foregoing Entry of United States Mail, CERTIFICATE OF SERVICE day of ~/)~'~/~'~ served a true and correct , 20~, I, copy of the Appearance upon all parties of record via postage prepaid, adiressed as follows: Charles Rees Brown, Esquire Nicholas and Foreman 4409 North Front Street Harrisburg, PA 17110 SAIDIS, SHIIFF & MASLAND By'..k.~ ~ ~ / 2''' ~ '' -. SAIDIS SHUFF, FLOWER & LINDSAY 26 W, High Street Carlisle, PA CERTIFICATE OF SERVICE I, _Kirk S. Soh~squir_e, certify that on served a true and correct copy of the within ORDER ALLOWING WITHDRAWAL OF COUNSEL AND ]PETITION OF DEFENDANTS~ COUNSEL FOR LEAVE, TO WITHDRAW on the below-named parties, by depositing same in the United States mail, fu'st class, postage prepaid, addressed as follows: Charles Rees Brown, Esquire FOREMAN & FOREiCmN 4409 Front Street Harrisburg, PA 17110 Matthew F. Marshall, Esquire DILLON McCANDLESS KING COULTER & C~KAHAM 501 Smith Drive, Suite 3 Cranberry To~xaxship, PA 16066 Douglas C. Lovelace, Jr., Esquire (arbitrator) 36 Donegal Drive Carlisle, PA 17013 Anthong T. Lucido, Esquire (arbitrator) METRE EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Joseph L. Hitcl~ings, Esquire 203 West Caracas Avenue Hershey, PA 17033 By: SAIDIS, SI~U?F./I~.-WER & LII~DSAY Kir~t3. Sq~onage, Esqnir SAIDIS SHUFF, FLOWER & LINDSAY ATtORNeYS*AT*LAW 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE I, ~Kirk S. Sohonage, Esquire, certify that on _ ~ 4~ day of ~2003, I served a tree and correct copy of the within PRAECIPE TO WITItDRAW APPEARANCE on the below-named parties, by depositing same in the United States mail, first class, postage prepaid, addressed as follows: Charles Rees Brown, Esquire FOREMAN & FOREMAN 4409 Front Street Harrisburg, PA 17110 Matthew F. Marshall, Esquire DILLON MCCANDLESS KING COULTER & GRAHAM 501 Smith Drive, Suite 3 Cranberry Township, PA 16066 Douglas C. Lovelace, Jr., Esquire (arbitrator) 36 Donegal Drive Carlisle, PA 17013 Anthong T. Lucido, Esquire (arbitrator) METRE EVANS & WOODSDE 3401 North Front Street Harrisburg, PA 17110 Joseph L. Hitchings, Esquire 203 West Caracas Avenue Hershey, PA 17033 By: SAIDIS, SHUF~ FLO~'rER & LINDSAY ~irk ,~. gohonage, Esqu' DETWEILER ENTERPRISES, INC., Plaintiff MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 2001-5677 CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel to the Plaintiff in the above-captioned matter. Date: September 22, 2003 Matthew T. Kelly[ Attorney ID # 90762 4409 N. Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff OATH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU.%rTy, PENNSYLVANIA so, -z-a0 / We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) · Arbitrator, dissents. (insert name if$,p~licable.)~i Date °f Hearing' /~ ) '/R~ NOTICE OF ENTRY OF AWARD Now, the /,~' day of r~oT'"~,.~.~ ,20 o_.~_, at J~__: ./..o , tat- .M., the above award was entered upon the docket and notice thereof ~mven by mail to the parties or their attorneys. Artibitrators'compensation to be ~'~,,,~le-.2 /'~. ,,~ ~ _ Paid upon appeal: ProthonataW $ 290.00 By: ~ t. ~:. b DETWEILER ENTERPRISES, INC., Plaintiff/Appellee VS. MARK CAMPISI t/d/b/a USA HOME LOANS and BANKERS FINANCIAL SERVICES, INC., Defendant/Appellant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. oool-5677 : : Civil Action - Law PRAECIPE On behalf of the Plaintiff, Detweiler Enterprises, Inc., please mark the above-captioned matter settled, satisfied and withdrawn. By: FOREMAN & FOREMAN, P.C. Atty. ID #21193 4409 North Front Street Harrisburg, PA ~7110-1709 (7~7) 236-939~ Attorneys for Plaintiff