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Home My WebLink About97-02543 \ \ " I t ,'t..'oIr,.;,i -.~ '~ I, ~ ~ CJ cD . ~ -tf .~ ? 3 I \ , '~, " , i ':- : ) , / / ( ~ j I ' ;:';"> i '>'; j k I I' , , I , : ~: ~.. '. ~ " ~ t1: \' t !~ , '" ", , :~'?i Cf) :t' l() (0 ~H~', l'}'; i":-~ lJ J~'~ , :~:\". }'",' '., .' ., ' ',. " , ; : ' . ;-(~ ,;;: ~-'~-, ~;'- ~~ . ( , . -, SHIPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 - )5'1- 3 CIVIL THOMAS C. BAELI, JON D. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY L. GEIB, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M. THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants COMPLAINT AND NOW, comes the Plaintiff, Shippensburg University Foundation, Inc., a Pennsylvania non-profit corporation, by its attorney, Dale F, Shughart, Jr., Esquire and states the following complaint: 1. Plaintiff is Shippensburg University Foundation, Inc., a Pennsylvania non-profit corporation, with its principal place of business at 1871 Old Main Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The Defendant, Thomas C. Baeli, is an adult individual who resides at 77 Bard Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendant, Jon D. Christman, is an adult individual who resides at 680 Hampstead Court, York, York County, Pennsylvania 17403. 4. The Defendant, Jonathan A. Fiorelli, is an adult individual who resides at 284 Glen Mills Road, Glen Mills, Delaware County, Pennsylvania 19342. . . 5. The Defendant, Gregory L. Geib, who resides at 246 East Garfield Street, County, Pennsylvania 17257. 6. The Defendant, Martin T. Gregorski, is an adult individual who resides at 5B77 North 7th Street, Philadelphia, Philadelphia County, Pennsylvania 19120. 7. The Defendant, Howard P. Herbert, is an who resides at 31B S. Earl Street, Shippensburg, County, Pennsylvania 17257. 8. The Defendant, Patrick B. Leady, is an adult individual who resides at 339 East Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 9. The Defendant, Daniel who resides at 246 E. Garfield County, Pennsylvania 17257. 10. The Defendant, Frederick W. Marlowe, is an adult individual who resides at P. O. Box 498, Dillsburg, York County, Pennsylvania 17019, 11. The Defendant, Adam J. Palmerio, is an adult individual who resides at 16 North Malin Road, Broomall, Delaware County, Pennsylvania, 1900B. 12. The Defendant, Michael J. Profitt, is an adult individual who resides at 339 E, Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 13, The Defendant, James A. Ruffner, is an adult individual who resides at 7409 Bear Wallow Drive, Warrenton, Fauquier County, Virginia 22186. 14. The Defendant, John A, Ryan, is an adult individual who resides at 339 E. Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257, 15. The Defendant, Jarrod S. Schappell, is an adult individual who resides at 212 North Queen Street, Apartment A, Shippensburg, Cumberland County, Pennsylvania 17257, is an adult individual Shippensburg, Cumberland adult individual Cumberland E. Major, is an adult Street, Shippensburg, individual Cumberland -2- . . 16. The Defendant, David R. Scott, is an adult individual who resides at 339 E. Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 17. The Defendant, John S. Smith, Jr., is an adult individual who resides at 304 N. Fayette Street, Apartment 506, Shippensburg, Cumberland County, Pennsylvania 17257. 18. The Defendant, Kenneth M. Thornton, is an adult individual who resides at 175 East Beidler Road, King of Prussia, Montgomery County, Pennsylvania 19406. 19. The Defendant, Mark E. Tilley, is an adult individual who resides at 111 East Fairmount Street, Coopersburg, Lehigh County, Pennsylvania 18036. 20. The Defendant, Jason F. Wozniak, is an adult individual who resides at 643 East Fourth Street, Boyertown, Berks County, Pennsylvania 19512. 21. Plaintiff is the owner of a charitable remainder interest in improved real property located at 26 Middle Spring Avenue, Shippensburg, Cumberland County, Pennsylvania. 22. The Defendants were all members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity and students at Shippensburg University. 23. The Defendants were tenants at the premises at 26 Middle Spring Avenue, pursuant to a written Lease Agreement which expired December 31, 1995, but all remained in possession and were served a formal Notice to Quit on February 1, 1996. 24. The Defendants entered a new Lease Agreement with the plaintiff commencing March 1, 1996, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 25, Although Defendants Christman and Herbert did not sign the Lease Agreement, they remained in possession and are bound by the terms thereof. 26. Paragraph 4 of the Lease Agreement provides for monthly -3- ~ rental of Two Thousand Six Hundred Fifty ($2,650.00) Dollars per month from March 1, 1996 through May 31, 1996. 27. Paragraph 14 of the Lease Agreement provides that the tenants are responsible for the good care of the leased premises. 28, Paragraph 18 of the Lease Agreement provides that the Agreement is a joint and several lease, each tenant being individually responsible for compliance with all terms and conditions of the Lease Agreement, jointly and severally, with all other tenants. 29. Paragraph 18 further provides that tenants are responsible for overdue rent and money damages caused by tenants' violation of the Lease Agreement. 30. Paragraph 28 further provides that tenants are responsible for reasonable attorney fees incurred in any lawsuit which may be filed. COUNT I - BREACH OF LEASE SHIPPENSBURG UNIVERSITY FOUNDATION VS ALL DEFENDANTS, JOINTLY AND SEVERALLY 31. The averments of Paragraphs 1 through 30, inclusive, are incorporated herein by reference thereto. 32. When the tenants vacated the premises at the expiration of the Lease, May 31, 1996, one month's rental, the sum of Two Thousand Six Hundred Fifty ($2,650.00) Dollars was unpaid and remains due and owing, 33. Paragraph 16 of the Lease Agreement provided that tenants are responsible for utility services, including sewer and water charges, At the expiration of the Lease there remained an unpaid sewer and water bill in the sum of One Thousand Four Hundred Fifty-five and 46/100 ($1,455.46) Dollars which was paid by the plaintiff and has not been reimbursed by the tenants. 34. During the term of the Lease Agreement, the tenants caused substantial damage to the leased premises and departed leaving extensive trash, garbage and other debris on the leased -4- premises. 35. Plaintiff has repaired the damages caused by the Defendants and removed the trash and debris at a total cost of Thirty-one Thousand Nine Hundred Ninety-one and 61/100 ($31,991.61) Dollars. An itemization of the costs of repairs and clean up is attached hereto, made a part hereof and marked Exhibit "8". WHEREFORE, Plaintiff prays Your Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants, jointly and severally in the sum of Thirty-six Thousand Ninety- seven and 07/100 ($36,097.07) Dollars, together with costs of suit, interest from June 1, 1996, and reasonable attorney fees actually incurred in pursuing this cause of action to judgment, an amount in excess of Twenty Thousand ($20,000.00) Dollars, and therefore in excess of the amount requiring compulsory arbitration. COUNT II - INTENTIONAL DESTRUCTION OF PROPERTY SHIPPENS8URG UNIVERSITY FOUNDATION VS. ALL DEFENDANTS, JOINTLY AND SEVERALLY 36. The averments of Paragraphs 1 through 35, inclusive, are incorporated herein by reference thereto. 37, On or about late April, 1996, the Plaintiff was advised through Shippensburg University that there were "campus rumors" that the members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity were planning to willfully and deliberately destroy the leased premises. 38, In response to the foregoing information, the Plaintiff held a meeting with a number of the officers of the Fraternity, all of whom were tenants under the Lease Agreement, Exhibit "A", and are Defendants in this action, 39. Representatives of the Plaintiff confronted the said Defendants wi th the "rumors" and advised them that each and every member of the Fraternity would be held jointly and severally -5- accountable for any damage all tenants be advised and property was not damaged. 40. Representatives of the Plaintiff further specifically advised said Defendants the Plaintiff, Shippensburg University and the local Police Department would respond immediately if any Defendant/Tenant contacted the Plaintiff, appropriate personnel at the University, or the local Police Department that acts of willful destruction were being or about to be committed at the premises. 41. Despite the said conference and warnings, none of the Defendants reported any acts of damage and destruction being committed at the premises or requested any assistance. 42. At the expiration of the Lease, when Defendants/Tenants vacated the premises, the Plaintiff found that the premises had been substantially and deliberately destroyed by the Defendants and that considerable trash, garbage and other debris had been strewn around and about the premises by the Defendants/Tenants. 43. Not one single Defendant/Tenant made any effort to obtain the assistance of the Plaintiff or other authorities to which may be caused that steps be taken and requested to insure the that avoid or limit the damages to the premises aforesaid. 44. Plaintiff believes and therefore aver that all Defendants, jointly, by conspiracy and concerted action willfully and deliberately acted together as a Fraternity to commit wanton acts of destruction throughout the demised premises and to strew it with trash, garbage and other debris with the intention of damaging and destroying the property and rendering it uninhabitable. 45. As a result of the aforesaid intentional and deliberate damage and destruction of the leased premises, the Plaintiff incurred repair costs in the sum of Thirty-three Thousand Four Hundred Forty-seven and 07/100 ($33,447.07) Dollars, which are itemized on Plaintiff's Exhibit "B" attached hereto and made a -6- part hereof. WHEREFORE, Plaintiff prays Your Honorable Court to enter judgment against the Defendants, jointly and severally, in the sum of Thirty-three Thousand Four Hundred Forty-seven and 07/100 ($33,447.07) Dollars, together with costs and to award punitive damages for the deliberate and willful destruction of the premises, an amount in excess of Twenty Thousand ($20,000.00) Dollars, and therefore in excess of the amount requiring compulsory arbitration. Shugh Cour I.D. N 35 East High Street, Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiff -7- , tu. IS A USIDIDITXAL LKABK. IT IS A LEaALLY IDlDDIO CCllfrRACT LllmLOIUl AlII) DC1l TIDWIT. DC1l '1'IDWlT SJlOllLD RIWl TIllS LKABJr: " TIIIB USIIlIDITXAL LUSJr: COIlTADlS IIAIVDS or YOli'a IlIQllTS AS A TJr:lWIT. TDlA!lT SHOULD NOT SIaH THIS LllASJr: tlNTIL BACH TZMAJlT llHDDSTAlII)S ALL or AQ1I~S IN THIS LllASB. ' 1. NAHXS OF LANDLORD AlII) TENANT Name of the Landlord: SHIPPBNSBURG UNIVERSITY FOUNDATION C/O JOHN CLINTON SHIPPBNSBURG UNIVERSITY SHIPPBNSBURG PA 17257 Name of the Tenants: KlIPPA-LI\MIlDA CHAPTBR OF THB KlIPPA SIGM.I\ INTERNATIONAL FRJ\TBRNITY NAME OF EACH TENANT IS LISTED ON THE FINAL PAGE OF THIS LEASE 2 . LEASED PREMISES . r The leased premJses is the place that landlord agrees to lease to tenant, The leased premises is: 26 MIDDLE SPRING AVENUE. SHIPPBNSBURG TOWNSHIP, CUMBBRLAND COUNTY, PENNSYLVANIA 3 . STARTING AlII) ElIDING DATES OF LEASE AGREEIIEIIT This lease starts at 12:01 A,M, on MARCH I, 1996 This lease ends at 11:59 P,M. C~ ~~Y 31, 1996 4 . RElIT The amount of rent is: $2650 each month, Tenant agrees to pay the $1325 on or before March $1325 on or before March $2650 on rent in advance 1, 1996 $1325 IS, 1996 $1325 or before May April I, 1996 April 15, 199. follows: on or before on or before 1, 1996 Landlord does not have to ask (MAKE DBHAHD UPON) tenant to pay the rent, Tenant agrees to pay rent in person to landlord at the place specified by landlord, during the normal business hours specified. RENT TO BE PAID AT: RE/MAX HOMEFINDERS 115 E, KING STREET SHIPPENSBURG PA 17257 NORMAL BUSINESS HOURS ARE 9:00 A.M, - 5,00 P,M. MONDAY THROUGH FRIDAY, 5. SECURITY DEPOSIT No security deposit ~ill te requi=ed for tt:s lease period. 6. Ll.NIlLORD'S DUTY AT THE START OF THE LEASE Landlord agrees to give tenant possesslon 0: the leased premises on the starting date of the lease. The lease will start even if landlord cannot give tenant possession of the leased premises because the prior tenant is still in the leased premises or the leased premises is damaged, IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVll TO PAY REIlT UN'TIL THE DAY LANDLORD GIVllS POSSESSION OF THE LEASED PREHISBS TO TENANT. 7 . DAHAGE TO LEASED PREHISES Tenant agrees to notify landlord immediately if the leased premises is damaged by fire or any other cause. Tenant agr~es to notify landlord if there is any condition in the leased premises that could damage the leased premises or harm tenant O~ others. If tenant cannot live in the whole leased premises because it 15 damaged or destroyed, t.nant may: 11 live in the undamaged part of the leas.d premises and pay 1... rent. until the leased premises is repair.d, or, 2) end the lea.e and leave the leased pr.mi.... T.nant agrees that if the lea.ed premi.es i. damaged or d..troyed and tanant ends the Ie.... landlord has no furth.r re8PQn.ibility to t8D&Dt. S;;::Xj..;jI~/-r "A 'I .. , X}!8UJWICE .' tandlord agrees to have insurance on the building where the leased premises is located. Tenant's own property is not insured by landlord's insurance. Tenant is responsible for tanant's own property that is located in the leased premises. 9. ASSIGIDIEIfI'S OR StnlLEASBS BY TENANT ASSIGNHBNT (OR ASSIGN) is the legal term for a transfer of the lease from the tenant to another person, This other person then becomes the landlord's new tenant and takes over the lease, Tenant agrees not to transfer (asaign) this lease to anyone else without the written permission of the landlord, A sublease is a separate lease between the tenant and another person who leases all or a part of the leased premises from the tenant, Tenant agrees not to lease (sublease) all or any part of the lease premises to anyone else without the written consent of landlord. TeoAnt agrees that if tenant transfers this lease (assignsl or leases all or a part of the leased premises to another (subleases), tenant has violated this lease. 10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE Landlord is responsible for all damage to property or injury to people caused by landlord'. (or landlord'. representatives) intentional or negligent acts at the leased premises, TENANT IS RESPONSIBLE FOR ALL DAMAGB TO THE LEASED PREHISBS AND INJURY .TO PBOPLB CAUSED BY TENANT, TENANT'S FAlIILY OR GUESTS. Tenant agrees that landlord is not responsible to tenant, tenant'. family or guests for damage or injury caused by water, snow, or ice that comes on the leased premises unless landlord was negligent. 11. USE OF LEASED PRBKISES Tenant agrees to use the leased premises only as a residence. Tenant agrees to obey all federal, state and local laws and regulations when using the leased premises, Tenant agrees not to store any flammable, hazardous, or toxic chemicals or substances in or around th~ leased premises. Tenant agrees not to do any activities in or around the leased premises which could harm anyone or damage any property, Tenant agrees that tenant will not allow more than 19 (nineteen) people to occupy the leased premises without the written permission of landlord, Tenant shall have a right to invite to the leased premises, for a reasonable period of time (not to exceed fourteen days without the written consent of landlord) guests. ~amily, or visitors so long as his obligations as a tenant under this leases are observed. 12. RULES AND REGULATIONS Tenant agrees to obey all rules t1~d ::-em.;latl.o:-.s ~::lr the leased premises. If tenant violates any rules or regula:ions fer the leased premlses. tenant violates this lease. 13. LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES (SUBORDINATION) Subordinate and subordination are legal terms that mean that this lease does not have any effect upon the rights of the landlord'. mortgage company. In other words, tenantB rights under this lease are , subordinate to landlord's mortgage company, If landlord does not make the mortgage payments, the mortgage company may have the right to end the landlord'S ownership of the leased premises. If the mortgage company sells the leased premises at a mortgage foreclosure sale. the lease may end. T.nant agrees that landlord has the right to mortgage the leased premises, If landlord haa a mortgage on the leased premises now, or it landlord gets a mortgage in the future, t.nant agrees that this leas. is lubordinat. to the landlord's mortgage, A -I ~LORD: 'l'DlAIn'S I SHIPPBNSBURG UNIVaRSITY FOUNDATION ICAPPA-LAHIIDA CHAPTBR OF TIlB ICAPPA-SIGMA IHTIlRNATIONAL FRATERNITY LAHDLORD AND T&NANT AGRBB THAT TIl& FOLLOWING ADDITIONAL AGR&EMBNTS ARE PART OP TUB LBASB: I. JlULKS AND REGULATIONS FOR ~ 6 MIDDLB SPJlDlG AVIDI'llE SBIPPENSBURG TOllNSBIP, CUKBDLAND COUNTY, PIDUlSYLVANIA. TUllSB RULES AND REGULA'1'IONS ARE FOR TO BAFBTY AND CONVENIENCE OF ALL TBlIAIlTS. 1. Tenante leased premises is supplied with a heat source as part of the lease. If the heat source fails or there is not enough heat. tenant shall not1fy landlord. Tenant agrees not to use kerosene heaters or electric space heaters or any other po~table heaters without the prior written consent of landlord, ~, Tenant will not make any alterations of the leased premises without the prior written consent of landlord. 3. Tenants agree that waterbeds or any other liquid filled furniture are not permitted in the leased premises. 4. Tenant shall not disable the smoke detectors or other fire warning or fire protection devices. Tenant shall notify landlord if a smoke detector or fire warning or protection device is not in working order, 5, Tenant shall pay a service charge of twenty dollars ($20,00) if a check given to pay rent is returned for insufficient funds or other cause within the control of tenant, 6. Tenant agrees that tenant will not keep any pets on the leased premises, Tenant agrees that tenant will not allow tenant.s family or guests or others to have or bring pets onto the leased premises, 7. Tenants agree not to install any air conditioners in the leased premises without the prior written consent of landlord, 8. Tenants agree thst no parties will be held on the leased premises without the prior written consent of landlord, 9. Tenants agree that the basement of the leased premises is for the exclusive use of tenants only, Tenants will not permit any visitor or guest or any other person under tenants control to enter the basement area of leased premises without the prior written consent of landlord, Tenants agree that under no circumstances will the basement area be used for occupancy or entertaining. 10, Tenants agree that if parking is available it is for tenant's convenience only and is not guaranteed by landlord. II. COMMUNICATIONS AGREEMENT 1. For the convenience c~ tenants a~d :a~c~c~d, and to ~ac:litate a smooth and reliable char.ne~ of commun:cations. tenants agree to provide in writing the name, street address. mailing address., and telephone number of an individual who will serve as the tenants agent for any routine communications between tenants and landlord. Tenants agree that tenants agent will reside in the leased premises during the term of the lease agreement, The tenants a!tl;9t.....~..lf....lj_ k11.1 2{/F"F;(J~ address: ~ t!!MJiL~~,yj AV4. telephone number: 5:!l..7 - '1-5~ 2, Tenants agree to provide ten {lOI days advance written notification to landlord of any change to tenants communication agent identified in item 1 above. 3, Tenants agree that any routine, non emergency. communication (for example; schedulin~ .howinas of the lea.ed premises, reporting the n..d for minor r.pair. to the lea..d pr.mi.... .tc.) nec...ary during the t.rm of the l.e.e agreement. both oral and in writing. will occur betwe.n t.nanta agent and landlord or landlord'. agent, p.../v .. A. cimcJ: Df PROCKIlllUS 1. T~nanta and landlord will both be in posaeaaion o~ at leaat ona key ~or each lock on leaeed premisee. 2, A set o~ 36 (thirty six) photographs are in the possession o~ both landlord and tenant showing the condition o~ each room in the premises, the exterior o~ the residence, and other areas on the leased premises. Both tenant and landlord agree that these photographs represent the condition o~ the premises at the start o~ the lease period, 3. Within ~ive (5) days o~ taking possession o~ the leased premises under this lease agreement tenant will deliver in writing to landlord a list o~ any additional items tenant wants to include as evidence o~ the condition o~ the leased premises at the start o~ this lease agreement. 4, Within ~ive (5) days of receipt of any list as described in paragraph three (3) above, landlord will inspect each item on the list and veri~y the condition, If necessary landlord will take additional photographs. Landlord will retain one copy of each photograph and within ten (101 days will deliver one copy of each photograph to tenant, Both tenant and landlord agree that both tenant's list and the additional photographs represent the condition of the premises at the start of the lease period, B. CBXC~ OUT PROCEDURES 1. At the end of the lease period each tenant will provide landlord 'with a forwarding address where tenant can be contacted. 2, At the end of the lease period tenant will return all keys to the premises to landlord. If all keys issued to tenant are not returned at the end of this lease landlord will bill tenant for the cost of a lock change for each lock for which tenant did not return a key. 3, Landlord will compare the photographs and tenant's list documenting condition o~ the premises at the beginning of the lease agreement with the condition of the premises at the end of the lease agreement, If there are damages to the leased premises for which tenant is responsible tenant agrees to compensate landlord for the cost of making repairs. 4, Landlord agrees to provide tenant with an itemized bill for any lock change or damage repair done to the leased premises within thirty (30) days of the end of the lease period, Tenant agrees to pay the bill received from the landlord within ten (10) days of receipt. bY INITIALING THESE ADDITIONAL LEASE AGREEMENTS, EACH TENANT AGREES THAT TENANT HAS READ AND UNDERSTANDS ALL OF THESE ADDITIONAL AGREEMENTS AND UNDERSTANDS THAT THESE ADDITIONAL AGREEMENTS ARE PART OF THE LEASE, LANDLORD: SHIPPENSBURG UN:,ERS!7Y FO~~IlJA7:~~ 7HCr-lAS S Ml :'ROS AGENT FOR THE LANDLORD TENANTS: MARK TILLEY ANDY RUFFNER all FREDERICK MARLOWE 1:14- If? JASON WAZMAK JOHN S. SMITH JR DAVID SCOTT ADAM PALMERIO JON CHRISTMAN DANIEL MAJOR MICHAEL PROFITT .Q- JOHN RYAN ICKN TIl0Rm'ON HOWARD HERBERT JARROD SCHAPPEL~ GRBGROY GEIB PARTICK LEADY ~ A-"3 TA:'~ BAELI JON FIORELLI Tenant is respon.ibl. !or, and will take good care of, the lease .premi.es and all o! the property in and around the l....d premi.... TDDant agrse. to pay !or any damage c.u.ed by tanaDt, tDDant'. !.mily ,and tenant'. gu.sts. T_t .gnu to tum ov.r po.....ion o! the leased premises to landlord when the lease ends. 15. LANDLORD'S RIGHT TO BIITEJl LEASED PRIDIISES Tenant agrees that landlord and landlord'S representatives have the right to enter the leased premises at reasonable times, Landlord and landlord's representatives have the right to inspect, to make repairs, to do maintenance, and to show the leased premises to others, 16. UTILITY SERVICES Landlord and tenant agree to pay the charges !or utilities and services supplied to the leased premises as follows: Charae or service. Television cable Electric to premises Water service Natural Gas Refuse collection Lawn maintenance Snow and leaf removal Sewer charges Parking fee Pest Control charges Landlord has the right to tum service to the leased premises maintenance. Paid by: Tenant Tenant Tenant Tenant Tenant Tenant Tenant Tenant Tenant Tenant off temporarily any utility or other in order to make repairs or do 17 . GOVERNMENTAL POWER OF EMINENT DOMAIN Eminent domain is the legal name for the right of a government such as the state or county or city to take private property for public use. The government must pay !air compensation to anyone who has any right in the property that is taken by the government, If all or any part of the leased premises (or the building within which the leased premises is located) is taken by eminent domain, this lease will end automatically. Landlord and tenant agree to release each other from any responsibility because leased premises is taken by eminent domain and the lease has ended, 18. VIOLATIONS OF THIS LEASE WREN EITHER LANDLORD OR TENANT DOES NOT DO SOIlETBING THAT TBri DAVE ~ AGREED TO DO, IT IS A VIOLATION OF THIS LEASE. IF TENANT VIOLATES THIS LEASE, LANDLCRD CAN SUB TENANT FOR EXPENSES AND MAY SUE TO EVICT TENANT, EACH TENANT SHOULD NOT SIGH THIS LEASE UNLESS EACH TENANT DAS READ AND CLEARLY UNDERSTANDS THE INFORMATION IN THIS SECTION ABOUT LEASE VIOLATIONS. " THIS IS A JOINT AND SEVERAL LEASE THIS IS A JOINT AND SEVERAL LEASE. THIS)lEANS THAT ALL THE TENANTS AS A GROUP AND EACH OF TIIB TENANTS AS AN INDIVIDUAL ARE RESPONSIBLE TO LANDLORD FOR ALL OF TIIB AGIU!DIBIlTS OF THIS LEASE. FOR EXMlPLE, IF THE RENT IS NOT PAID. LANDLORD CAN roE ALL OF TIIB TENANTS (JOlNTLY) FOR ANY UNPAID RENT. OR, LANDLORD CAN BRING A SUIT AGAINST ANY ONE TENANT SEPARATELY (SEVERALLY) FOR ALL OF THE UNPAID RENT. TENANT VIOLATES THIS LEASE IF TENANT: " I 1) 2) FAILS TO PAY RENT OR OTHER CHARGES TO LANDLORD ON TlMA OR, LEAVES (ABANDONS) TD LEASED PRIDIISES "ITHOUT TIll: LANDLORD'S PERMISSION BEFORE TD END or TIll: LEASE OR. DOES NOT LDVE TD LDSED PaBIIISIS AT TJlE IND OF TIll: LEASE OR, DOES NOT DO ALL OF TJlE TBINGS THAT TBHAJIT AcnKBD TO DO IX 'rIIU LEASE. ]) ,) A-'Lj I' TENANT VIOLATES THE LEASE, EACH TENAlrt A(,iH.J:;t:.;~ OJ.U nJ\",WL 11>.1..'-'" ..... W"'..' =:KKANS THAT TD LUlDLOaD DY r~ A COKPLADIT IN COUJ.T AJlJ:IlIa rOil All . EVICTIlfa BACB 'l'IIDJI'l' WaaII TD L1i~ 81m IiUIIISU IId.ou.. OIVI1l0 DCII " NOTICK TO' QO'1'1' nuT. U,..,.,o1lD DOIS )lOT OW TD a1QII'1' TO 'fDOlf _ ''1RIl1lT OUT or TD LDSKD PU:laIlU (SKLr-ULP EVICTION). TO LAJlllLOIlD CUI O2l'LY EVICT TIlHANT BY COUJlT ACTIOII. TJm LANDLORD DOES NOT BAVE 'IBB IlIaBT TO S1lIl IN COURT rOil EVICTION tlNUBS A TZlIANT HAS VIOLATED 'l'llll: A(l1l.--rs m THIS LEASE. EVIDl THOUOH BACH TIlXART IS IIAIvmG NOTICE TO QUIT, BACH TKHANT WILL HAVE A c:m.NCI m COUIlT TO CBALLlNOI TJm LANDLORD'S CLAD! FOR EVICTION. IF TZlIANT VIOLATES THE LEASE AGRBEIilENT, THE LANDLORD HAY SUE BACH TIlHANT m COURT. 1) TO COLLECT OvDDUE 1lDT. LATE CIlARGES A!lD KONBY DAMAGES CAUSED BY TE:NANT'S VIOLATION or TJm AGREDIEIlTS IN TJm LEASI. TO RECOVER POSSBSSION or THE LEASED PIlEKISES (EVICTION) TO COLLECT rOR m1PAID RENT UNTIL TJm EIlD OF TJm LEASB Oil tlllTIL ANOTHER PERSON TAEES POSSESSION or THE LEASED PREMISES AS A NBII TENANT . 2) 3) Tenant agrees that landlord may re~eive :easonable attorneys fees as part of a court judgement in a lawsuit against tenant for violation of the agreements of the lease, 19, OTHER ;.GREEMEIl"l'S BETWEEN LANDLORD AND TENANT Landlord and tenant agree that the following additional agreements are part of this lease agreement. 1) CHECK-IN AND CHBCK-Otrr PROCEDURES 2) RULES AND REGULATIONS 3) COMMUNICATION AGRBBMENT BY SIGNING THIS LEASE AGREEIIEIlT. BACH TENANT AGREES THAT THE TE:NANT HAS READ AND UNDERSTANDS ALL OF TJm AGD"",,=S m THIS LEASE. SIGNED BY LANDLORD: DATE: a/It? '~~ THOMAS S, MITROS AGENT FOR THE LANDLORD RE/MAX HOMEFINDERS 115 E, KING STREET SHIPPENSEURG PA 17257 o JON CHR I STI'lAN SIGNED BY TENANTS: DATE: DATI: ~ n~WARD H~ DATE, 3d- DATE: ~ J _"-ROD 9tHAP ~ //1/ 1- DATE: ,. , ...-<........ DATE, /f DA:-E: j/ r-G? Y L. GElS DATE f-L ~~L~ DATE' -#- DA'!'E: ~ /I ~ ??,EDER C E' - (). dJp.. ,P........ -$- DATE: DATE, ;.:JAM PALMERIO DATE: 3/ S- W'.?J:. J DATE, ft DATE:* :.' K DATE, -: SA DATE:iL ~~ DATE, ..,/'1 : FIORELLI DATE: A-5 HAR-2'-97 SAT. 18:80 REMAX HOM~FIHDE~. TITlla24ae. ".82 ,4' . . -... ~, , Sum...~ DfRtpaIrl-T..ut o...JftI 26 Midd~ Sp~ A"ftue. sw,'lllltl..a. PA 172S7 Le.ue: March I, 1m - May 31, 1"6 I J)J:L~Q!JENT UTn..rrtr.S , i Water aDd Stwcr Uapald .s 1.4~~ 46 REPAIRS . I Emrtarllatuior Boon 12 K wibct Locbcts, Interior Door Rdn!orn:r Door Ooscr;/Panic Hardwm 6 K..-ibt Locbcts. Exleriol RtpIaced 12 lDIaior Doors 3'2,30 16.95 989,73 149.59 2,000,00. 600,00' 10,249.50" WlIldow, WIlltlCdIlap FIeorDC Trar Up Damaacd P100rinc JUrI~ Carpd Material cl Labor 500.00. 5,450,00 2,933.32 Palatbac: , 760.71 PIli_bla, 22,00 2,2.00 151.15 187,87 Ilapair Leaks Ocar Ooued ToiJdI SboMr JlqJIir/llrab1 ToiJd RepaIr ToiIc:IIIlhowl:nILavI , i DOCUMENTAll0N i . ' Po... lalatloa Irpea:"-ra i' ~0jIIlJ (40) 3/){96 . ~SUpenISIOll rbolDIRPhs IJ5) Vllll'J6 . 50,00 1,078,'1 53.52 tLi(:l"KJCAL : f.kctri..l ExhauIl F....(IIIOIIlMIIdts)ttldll ll~lc:s1SW1u:l:losiI'lMIIIBaibI , RDujh wiriDJ rcpmn l/li.:KI i,birl.l; 423,10 CL~ii;G I \dDCr.u Cinm.& & Trash ~al I ,.,.. ......' _ .... &.AUVI ru;UU1\'UQS lKUH)I.I ~ VI' DW1~ F~ '""- - ~ ,.. - \-'- . -'~' . aIVUI,,)\,&u.u\K..t.f~U.~1 :.~~1.Wi.i~ Cw.rlooUP 1.;iG.o~ · i.S..S.;:) ii-f." r...... ^... JVV vv TOTAL Tr.NAl'ilUAMAGES: 533...7,07 I ~ rUl vi lulU iD",iu , . u N18,-r 8 . . . 93:'c P.B:! l1"A-:!9-1997 113: 1::! 717'S3:!4300 ~ '- 0' ~ )- " e: ll;~ ., - '. ~ <..' ; F , ..;: , " 'i) ~~ ~_-.i... : ::j 0 .. ,') ,- w :..--) J . / u. , ;-- ...,: :'u .~ ,J... , r- . , C' 0' ;j /"" '11 '/,\ Y' V l/l ~ 'J tl -~ 1t ~~ eJ'.L., . '-!!J t~ ~ 'VI In 'oJ '.t) 'j- ~ 8, Admitted 9, Admitted, 10. Admitted 11. Admitted, 12, Admitted, 13. Admitted, 14. Admitted, 15. Admitted. 16, Admitted. 17. Admitted, 18. Admitted, 19, Admitted, 20, Admitted, 21. Admitted. 22, Admitted. 23, Denied; At no time were the Delcndanls tenants pursuant to a lease at 26 Middle Spring Avenue prior to March I. 1996 24, It is admitted that the Defendants entered into a Icase commencing March I, 1996, 25. Admitted 26. Admitted 27, Admitted, 27, Admitted, 28. Admitted. 29. Admitted. 30. As Paragraph 28 of the Lease Agreement has not been provided with the copy of the Complaint, the Defendants are without knowledge or inlormation sullicient to form a belief as to the truth of this averment. COUNT I - BREACII OF LEASE 31. The answers of Paragraphs I through 30, inclusive, are incorporated herein and referenced thereto. 32. After reasonable investigation, Delcndants arc without knowledge or information sullicient to form a belief of this avcrmcnt and spccilic proof is demanded at trial. 33. After reasonable investigation, Delcndants are without knowledge or information sullicient to form a belief as to thc truth of this averment and specilic proof is demanded at trial. 34, Denied; The Dclcndants did not causc substantial damagc beyond normal wear and tear during their possession of the prcmiscs nor was substantial dcbris left behind upon their vacating the above premises 35, Denied; The Defendants did not cause damage to the property requiring substantial repairs nor did they Icave c~ccssi\'c dcbris bchind allcr their departure Furthermore, as an itemized list of costs of rcpairs has not bccn providcd, they arc without knowledge or information sullicicnt to limn a bclicfas to thc Plaintin"s e~penses, COUNT II - INTENTION DESTRUCTION OF I'IWI'EIUY 36. The Answers of Parngraphs 1 through 35 inclusive arc incorporated herein and referenced thereto. 37, Allcr a reasonable investigation. Dclcndants are without knowledge or information sufficicnt to form a belief as to tlw truth of this averment and specilic proof is demanded at trial. 38. Denied; The Defendants are unawarc of any mceting between thcmselves and the Plaintill' and/or their agents concerning the foregoing information 39. Denied; Thc Defendants were nOI conli'onted by the Plaintill-s representatives conccrning rumors, nor were they given noticc of pcnding liability as the above meeting did not take placc. 40. Denied; The Defendants were not adviscd by thc Plaint ills concerning Shippcnsburg University and local police departmcnt ,lctions because the above-mentioned mecting did not take place within the Delendants' knowledge, 41, The Defendants specilically dcny the above confercnce and warnlllgs took place; however. admit that no acts of destruction had bccn reportcd 42, Denied. The Plaintilr found the vacatcd prcmiscs ncithcr substantially or deliberately destroyed as the Defendants had rclinquished the propcrty in substantially the same condition as they had acquircd it. 43. Admitted, 44, Denied; Delcndants did not conspire 10 damagc thc pmpcrty in any t:1shion 45 Denied; As Exhibit 11 has not bccn attachcd, the Dclcndants arc without knowlcdge or inlormation of its contents ;';:'f\'; . i., ;-.~.::;,:\ I 'I "., '" -",1 .'. t, :5: ;:r,J.': F p .1' ......;,. . ..i,:~\'tfr.'~~:::, .~::;~';-+..!-: \.' . < .~~ ':.... " ,'- ,:,1 .. :;,/r.~ ..'.~ .,' ".::h.J;:~~:~:d;~:~~';j; , "~",'~ l' ;'-t ~'~ -,,';;tf#". ;:;t:..."'j4J~~.Jf.J' :.,.. \......, ".'1'- .~.~.< ' '~..'\; '.; '~;~~~}~t~~:~~'~l!~l~~;~'~::,~:!t. , "-'. ~'~f'L - ,p ';'J~'TI. W""'::t~"'l;rrt\!::'J-:!.rJ" .,r.,., .... ,1.. . .' l'u'I.~\~.'tJ-"r,1'''~" ,,<; ,'1' I ,l ~ C:;'-<tt:~... ~'''trit.~!if''lJ ~J>. '..< t~.,." ',- If ~'-~~. ll""-'-w-.-lr'~i' _~ >'"_~ e '::< ~,-: ~ ,~['~(:~:; '.; 1 ~>:;:i:;l~:~j)~~'~~~~r:~?:Ip:~.:1 :- I' '.j:...,~ ~, ,:~/",~ --=' Jj 'Ci',;~ ~~>i:t.'g l~ i:)~E~; ~., :=; ,.'" :", ~t~~' "~r'::::,::'1.;:c.,t~1:~~S\.~'~~~':'.L , " ~. 'o.-'-. " -l ut'" ,1 ". ~ H"'- .l'r",~'n__:;,,,.~ ~. . . 1 ;~.' f ", "~2"J If':~',l::.::::k~~ ~':jt~~1:~~~~~'~":.;' ~ j ~ ,'.- \,. '~",.... '"'''_,.;J;.i.'~'A:.:'C"'~''T_''' A." f ,- ~.. .l.t. ,.1 ,....,.",. l:l::"'I'oi~,....".rrn~'I'" ~ ",_t,'.'~" "'f~,~ '?< ;l\}rr'];;".:.l~dJ"f":Jf.-~',. ',;:.; " ; , ";" .,,', "ill' " 1.~ l' ".~ ''', ,)" t.:~..:~;, .,::.1 ,j . ~~ '",. -,." ..4, ~...~;.:<. .'A) .,",...t 'jl~'" e'J' ,'~ '.' ~.;,j.'A;;"'..'>;;t,'\.'f,~.~4'" ,--I . ,". - ~ ,.." ld{"~_'"J, :', f -. . I .... . . "-' --,- .. ,I,,,. '. I.., ..-'. ~;; ;:~:'.;1[Jjf,IJ~?ili~~~;ff~1 ~f~:f; '.' , "........ -~ "11 ,. .'''''-' .. ':~:~::<!~~:1~;~~'.~~:~~;j;~J;~ :~ ~\1i , . \ ,-' ~ J (~ ":'<1 ,..,-,-...'). .. . . ' l "---' ..s.."!; , j -J- .-: -:......, ~.p:~.:~ C~":'';;~.>I~: r' ~. ~~ :.:~" ',~:~-\'~ '~;':'::::~il;~::'~ui'l ;,{,:Zi;" . . - "_.\ J.I t..,. ,I \, "'., ~ ~ (' I " :., ""'~'. '.. -":,':i:,~jnj;f!t;t,~:;~}:~~:;~! l:~;~fj~ .. ,'. "-, j",.., ,.'". - -. ' 111''1' ,. .. __'U___ _ ,. '_':',"", _ . ,. ,-.:'. ',:-~ -,;: ::,'i ,,,', _~~I . ;":':'. .. , . ,--j.. '~.~:,":~,<~~ /. <'.',':. ;:.::'~Jf::", "'\~:~~ :-,::,\:t{ '1. ~"~ .. 7"...._ ~ ;:'. ::. . ^'~'it, ~' - -' '''.,; ~;, ,,,,,,,,,,'~'>:' ,': 'j", '_Md,. '..--' . 'f-~" . I ",' .:..-;....::. t.n '--;:2,.:=:;:~l~' ..-' , "~ ,~;. "''', ,"" ": " ., ;, '.'.' .. , .,'\. ..,' I. ",,;;"' < .':.~ : ;, '. il"", j , " :' ,~:,.-: :,',' /1' .r' .~< 'I, , , .,~ '. ',', ,', :'" ",," ; I'" ,~,,: ,,', , ". ~', ! , ',., . .:._----'-",--"-,-- " : ~ ?-, if .~~. ~ '1::'7: ':~},~~):~"f..; ". ~:~i(.():5,( f;,~At~~~li::: ."','" ",,:.-,.:~ ':,T,. ",j~~!l;/:., !.,:' , '~r I';J.-~,}\...~.;,. ", 'X'~'f .;':;.to ''!Mi Y.J2~?,:7:~~~l1i~~ t~ ,,". 8. Admitted 9. Admittcd, 10. Admitted II. Admittcd. ]2. Admitted. 13. Admitted, 14. Admitted, 15, Admitted. 16. Admitted. 17, Admitted, 18, Admitted, 19, Admitted, 20, Admiltcd, 21. Admitted. 22. Admitted, 23. Denied; At no time were the Defendants tcnants pursuant to a lease at 26 Middle Spring Avenue prior to March I. 1996 24, It is admilted that the Defendants entercd into a Icase commencing March I. 1996. 25 Admilted, 26, Admilted, 27, Admilted 28, Admitted. 29, Admitted. 30, As Paragraph 28 of the Lease Agreement has not been provided with the copy of the Complaint, the Defendants are without knowledge or infonnation sufficient to form a belief as to the truth of this avennenl. COUNT I - BREACH OF LEASE 31. The answers of Paragraphs 1 through 30, inclusive, are incorporated herein and referenced thereto. 32. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief of this averment and specific proof is demanded at trial. 33. After reasonable investigation, Defendants are without knowledge or information sufficient to form a beliefas to the truth of this averment and specific proof is demanded at trial. 34. Denied; The Defendants did not cause substantial damage beyond normal wear and tear during their possession of the premises nor was substantial debris left behind upon their vacating the above premises, 35, Denied; The Defendants did not cause damage to the property requiring substantial repairs nor did they leave excessive debris behind after their departure, Furthermore, as an itemized list of costs of repairs has not been provided. they are without knowledge or information sufficient to form a belief as to the Plaintiff's expenses. COUNT II - INTENTION DESTRUCTION OF PROPERTY 36. The Answers of Paragraphs 1 through 35 inclusive are incorporated herein and referenced thereto. 37. After a reasonable investigation, Defendants are without knowledge or infonnation sufficient to form a belief as to the truth of this avennent and specific proof is demanded at trial. 38. Denied; The Defendants are unaware of any meeting between themselves and the Plaintiff and/or their agents conceming the foregoing information. 39. Denied; The Defendants were not confronted by the PlaintilT's representatives concerning rumors, nor were they given notice of pending liability as the above meeting did not take place. 40. Denied; The Defendants were not advised by the Plaintiffs concernmg Shippensburg University and local police department actions because the above-mentioned meeting did not take place within the Defendants' knowledge. 41. The Defendants specifically deny the above conference and warnings took place; however, admit that no acts of destruction had been reported. 42. Denied, The Plaintiff found the vacated premises neither substantially or deliberately destroyed as the Defendants had relinquished the property in substantially the same condition as they had acquired it. 43, Admitted. 44, Denied; Defendants did not conspire to damage the property in any fashion. ,.. ~i~~ ;,~'"":;~f~ :\:;:~;:-e '~~'~~';:~_.r"i,_{~~~fi::7~:t':~~~:S~:2-~::~"i.~f~~ :~:,:--;,}.:~~;~.L~~~,~~~.:::..~ '~?::::\Si.":~'~..:~;: (";r-o"';- '.".". .:-_ _u",- --> ~- ~~~. - , r""t-':;:i~':;Z} r~:-;:'~(,~:~--;::;.;.~-:=;'.~ '.' ~;"'Ji;~l "'--I~<~'.J ,-,'.- _ ~~, " '( z' ,', l::''t;'''''';::;!;l : ~ .:;. ~. ~, ',.. i~ ~._-r; h ...d ~ , .. -.. , t.. . . th~, r'~ /",.. I '* _" t." '. '. ~ It .ll;~t:- ,c. ,.;- . " , .: C l' .,~~;,.~ \.' 1'':1 ' . 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'.: .' .:. -,' ., 1...,.... ~..u:-~- ,-""",--i~-t-I~",,~'f;~;,,,!-':i':i;~ ~ .:.' ... :~-~~ (~~:':~~j:~-;~~Jt!i~~ ~~:f~k-i~ "'. t: >".!~, I"::~, Lb... !~',~s:;t ;:("...~1:t:9: .i' '" .; ~r;",::. \ ."'~: ~~:!:"j(~,'~:;:~:?~~,';;l~):E~ ", ~ ' ..... ....,.r:~"'.1 I.. ..........~; ,~...,."..J~~ .. "- ,,- ~"t! J....'..~~.......iJ;, """":J ~...,'"..- "',.t~;!~f,!ri'~,i,i~ .~. ""~,,.!L., '.....)f '--""_-~ ,l';.., ~-.~~.f:~ , , . ,\;".'~ I l':. 'i'.:.. ':1 ".' , ~ " .- -, : ...., :"\" , , .. " ..' ".,:1,,::: " ., .-,-.,,' "::... I;' ,'.' ;. '\. ',,: .'. 'OIl , ,. . '.;' '. ,,' " ..- , ..; .-. ~-, .;:;' "i-\- ,..~'-'i ,,\..' ~..---:,," -~ ,.~ 1'-'... ", '-' .' ., , . ,''';. i "- ~ 'r,' -'----~--'.----~ :_-<. :' !", ",. ';' ( : ,~ " ..,., ',~ . '~.. .,;,~-~:~{:.~ ~:~~:1-~1\:. ~ ~.' ., : / . 'j <i\:~ 1~~.~~~~~~^~ ~~ -' 'fa'" .?.:' ~;.\-!.~:.p::~,~..,f .:;~~~; :,~:;;18~~ "'''- . ' .>.. _,r ....... . "'. ,~ " ," - 8. Admitted 9. Admitted. 10. Admitted II. Admittcd. 12, Admitted. 13. Admitted. 14, Admitted, 15, Admitted. 16. Admitted. 17. Admitted. 18. Admitted, 19. Admitted, 20. Admitted, 21. Admitted. 22, Admitted. 23. Denied; At no timc wcre the Dcfendants tcnants pursuant tu a Icase at 26 Middlc Spring Avenue prior to March I. 1996 24, It is admittcd that thc Dcfcndants cntcrcd inlu a lease cumlllcncing March I, 1996. 25 Admitted 26, Admitted, 27, Admitted 28, Admitted, 29, Admitted. 30, As Paragraph 28 of thc Leasc Agrccmcnt has nol bccn provided with thc copy of the Complainl, the Defcndants arc without knowlcdgc or inlurmation sullicicnt to form a belief as to the truth of this averlncnL COllNT I - BREACII OF LEASE 31. The answers of Paragraphs I through 30, inclusivc, arc incorporatcd herein and referenced thcreto, 32, After reasonable invcstigation, Dcfcndants arc \\ ilhoUl knowlcdge or information sullicicntto form a bclicf of this avermcnt and spccific proof is dcmandcd at trial. 33, Aller reasonable investigalion, Dcfcndants arc \\ithout knowlcdge or information sufiicicnt to form a bclicf as to thc trulh or this a\ermcnt and spccilic proof is demanded at trial. 34, Denied; The Delendants did not causc sllbstamial damagc bcyond normal wear and tear during thcir posscssion ofthc prcmiscs nor was subslalllial dcbris Icll behind upon their vacating the abovc prcmises 35, Denied; The Dclcndants did nOI cause' damagc 10 thc propcrty reqUlrlllg substantial repairs nor did thcy lcan~ e\cc"i\ e debris bchind atier thcir dcparture Furthermore, as an itemizcd list of COSls of rcpairs has nOI bccn providcd, they arc without knowledge or inlurmalion sullicicntto tilllll a bcliefas lothc Plaintitrs c\penses COllNT 11- INTENTION IlESTIWCTION OF 1'1U>I'E1nY 36. The Answers of Paragraphs I through 35 inclusive arc incorporatcd hcrein and refcrenced thereto. 37. After a reasonablc invcstigation. Dcfcndallls are \\ilhoul knowlcdge or information sullicicnt to form a bclief as to thc truth of this avermclll and spccilic proof is demanded at trial. 38, Denied; The Defendants are unaware of any mccting bctwccn thcmselves and the Plaintill' and/or their agents concerning the forcgoing information, 39. Denied; The Defcndants wcrc not conlhllltcd by thc Plaintilrs rcprescntatives concerning rumors, nor wcrc thcy givcn noti.:c of pcnding liabilil)' as thc above mecting did not take place, 40, Denied; The Defendants wcrc not adviscd by thc PlainlillS concerning Shippensburg University and local police dcpartmcnt actions becausc the above-mentioned meeting did not take place within the Defcndallls' knowlcdge 41, The Defendants spccilically dcnv the abme conli:rcncc and wanungs took place; however, admit that no acts of dcstruction had bccn rcportcd 42, Dcnicd, The Plaint ill' found the vacatcd prcmiscs ncithcr substantially or deliberately destroyed as the Defendants had relinquishcd the propcrty in substantially the same condition as they had acquircd it 43, Admitted 44, Dcnied; Delendants did not conspirc to damagc thc propcrty in any lashion 45. 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'.'(:' ;. : ' ; ,,:. "::."'::';::.t;.' .~;:~;:t~~;~;~~~:i{~{;. . , ~~!!z.:: ";', -,; ,~ ---.--~ -_. -- 8. Admitted 9, Admitted. 10. Admitted II. Admitted, 12. Admitted, 13. Admitted. 14, Admitted. 15, Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19, Admitted. 20, Admitted, 21. Admitted, 22 Admitted, 23. Denied; At no time were thc Defcndants tenants pursuant to a lease at 26 Middle Spring Avenue prior to March I. 1996 24. It is admitted that the Delcndams entercd into a Ic,lse commencing March I, 1996. 25. Admitted, 26 Admitted, 27. Admitted, 28. Admitted. 29. Admitted. 30. As Paragraph 28 of the Leasc Agrccmcnt has notbccn provided with the copy of the Complaint, the Defcndants arc without knowlcdgc or information sullicicntto form a belief as to the truth of this averment. COllNT 1- III~EACII OF LEASE 31. The answers of Paragraphs I through 30, inclusive. arc incorporated herein and referenced thereto. 32, AOer reasonablc investigation, Dclcndants arc without knowledge or information sufiicicnt to form a belief of this avcrmcnt and spccitic proof is dcmanded at trial. 33, AOer rcasonablc investigation, Defcndants arc without knowlcdge or information sufiicient to form a belief as to the truth (lfthis avermcnt and specific proof is demanded at trial. 34, Denied; Thc Dclcndants did nOI callsc substantial damage beyond normal wear and tear during thcir possession ofthc prcmises nor was sllbstalllial debris leO behind upon their vacating the abovc prcmises 35, Denied; The Delcndants did not calis,' damage' to thc property requiring substantial repairs nor did they leaw c\ccssi\ c dcbris bchind allcr their dcparture, Furthermore, as an itcmizcd list of wslS uf rcpair s has nul bccn providcd, lhey are without knowledge or information sullicicnlIII fillm a bclicf as tothc Plainlill's expenses COllNT 11- INTENTION IlESTIWCTION OF I'IWI'ERT\' 36. The Answers of Paragraphs I through 35 inclusive arc incorporatcd herein and refcrcnced thereto. 37. After a reasonable invcstigation, Dcfendants are without knowledge or information sufiicient to form a bclicf as to the truth of this avcrmcnt and spccilic proof is demandcd altriaL 38, Denied; The Defendanls arc unawarc of any meeling bctwcen thcmsclves and the Plaintill' and/or their agents concerning the lorcgoing information, 39, Denied; The Defendanls were not confhlntcd by lhe Plaintill's rcprcscntatives concerning rumors. nor were they givcn noticc of pending liability as the above meeting did not take place, 40, Denied; The Defendanls werc not advised by lhc Plaintills concerning Shippensburg University and local policc department aClions bccause the abovc-mentioned meeting did not take place within thc Dclendanls' knowledgc 41, The Defendants specilically den)' the ahow confercncc and warnings took placc; howcver, admit that no aCls of dcstructiun had heen reportcd 42, Denied, Thc Plainlil1' lound the vacaled premiscs neither substantially or delibcralely destroyed as the Dcfendants had relinlJuished thc propcrty in substantially the samc condition as they had acquired it 43 Admitted, 44 Dcnied; Dcfendants did not conspire lU damage lhc propcrty in an)' fashion 45 Denied; As Exhibit Il has nol been all ached, thc Dclendants arc without knowledge or information of its contcnts VEIUFICATION I VERIFY THAT THE STATEMENTS MADE IN TilE FOREGOING DOCUMENT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUllJECT TO THE PENALTIES OF 18 PA.C.S, SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~/q'7 /; I t2/:~ " _1'~'&JJd: /f 0't!;~, / It /1/ _ / -_',; '_ 'r','" ", ...-<. ..';':4~~~-:;~:'~~,;:~~1f~~~ E:~::~~;E~':~~!;~~~~1;;~~~~~~~,~<?~r~~~!:;.~~~;~~; 4'~=':."<'i.Y .".~~.-t :: l ~ :,'~.~:.;~ ._~', ' ~;:.,. -#; "t" "'::'~ .....;:!:..., " i~!:i;imJ~I!~::>',~;,;:;;, ,. :t.,.j:'", _;. , _ '~;. T~'- . ~:f;j1ii;.:!r~ ~, " ,', /i " -!~- "r:,.'t 'l-'~ -~:>r~ "';-".j.'1~';'-'""-~: " t~~~111~~:f"':>":J . ""~ ~j~~r~;~~~~~:~~:\'I'~" --. ;m~ ~,; ffi: ~ ,..;@j'Un<1I' ~i(:.~~.t", r:'~i<:' ,',t~ .~ (.,' ... ~ fJ ~\';' '...4 ."'" >~). 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'1 r j,'l-,; , .',.'~'~ ':--;. '\{ ~::~ .(1 ~<-'{ .y; ~l'l >....~. y ..,' "'t~""" " '.'''1 ;/::{u~ -'~I-:": ....-., "'.;~ f,~.'''''''l- ,\: tt-;'J1 A '.. "'! 7 ,-.. \.,-,.'1." ." ''''! \'J' "' ~ ,. - "~~;~;/~J !::3~;~~i2K?~! ii~~ , '" '" ,[. ", ,1, ,,,r- . ~~-:.~:{;,~;'../~~~j~J:2:~A011 J~~~ '. ", ',. ;i;i~:l; i";i,':>;;<\~1 (i>'>\' . ,hj-if[t"t.~i!111 ,,',. ,,: t ' "'......]J ~ :.. "..I }H",,,,,~.j . ~ . . 'l.:::,.~,; y~~~;'-;~:1::;~! h~~~ '. , '~~~'::~t'<\; ~'.;~~~5'~ffl ~~.~':!::.-! ,) j.. ....}~ ,-.:;.... ;,-ot<.., ,1.;, ('....,";. 'I ~;~.!''' .. ". , -.; " ,\, .'J. ,~, .... '1 ,U ~ '" '<J t.:; OJ .', .a It.) .... OJ .- u, ,;: l-' .... , "':>~o " . ,,~, . ~ ''"' . : ~~~. ~ -" ~, ':J ;1:.:-"" c'-.J' "~,~-.' ,,';. C ~',;, ,,'-. .....,;. , '~: :;i~~,~;~'~~~;i f .. ~iJl!J:~ SHIPPENSBURG UNIVERSITY FOUNDATION,INC., Plaintifl' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 97-2543 CIVIL TERM THOMAS C. BAELI, JON D. CHRISTMAN, JONATHAN A FIORELLI, GREGORY L. GElD. MARTIN 1'. GREGORSKI, HOWARD P. HERBERT. PATRICK B. LEADY, DANIEL E, MAJOR, FREDERICK W, MARLOWE, ADAM J. PALMERIO: MICHAEL J. PROFFITT. JAMES A, RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPEL, DA VID R. SCOTT, JOHN S SMITH, JR" KENNETH M, THORNTON, MARK E. TILLEY. AND JASON F. WOZNIAK, Defendants ANSWER AND NOW comes the Defendant, Gregory L. Geib by his attorney, Thomas S. Diehl, Esquire, and stales the following Answer: I. Admitted. 2. Admitted. 3, Denied; It is the Defendant's understanding that Jon II. Christman, of another address, and not Jon D. Christman, was a tenant of the property in question. 4. Admitted. 5. Admitted, (" Admitted, 7. Admitted 8. Admitted 9, Admitted, 10. Admitted II. Admitted. 12. Admitted. 13, Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18, Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22, Admitted. 23, Denied; At no time were the Defendants tenants pursuant to a lease at 26 Middle Spring Avenue prior to March I, 1996. 24. It is admitted that the Defendants entered into a lease commencing March I, 1996. 25. Admitted. 26. Admitted. 27, Admitted, 28. Admitted. 29, Admitted, 30. As Paragraph 28 of the Lease Agreement has not been provided with the copy of the Complaint. the Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. COlINT I - IlIU:ACII OF LEASt: 3 I, The answers of Paragraphs I through 30. inclusive. are incorporated herein and rererenced thereto, 32, After reasonable investigation. Defendants arc without knowledge or inrormation sufficient to form a belief of this averment and specific proof is demanded at trial. 33. After reasonable investigation. Defendants are without knowledge or information sufficient to form a beliefas to the truth of this averment and specific proof is demanded at trial. 34. Denied; The Defendants did not cause substantial damage beyond normal wear and tear during their possession of the premises nor was substantial debris left behind upon their vacating the above premises, 35, Denied; The Defendants did not cause damage to the property requiring substantial repairs nor did they leave excessive debris behind after their departure. Furthermore, as an itemized list of costs of repairs has not been provided, they are without knowledge or information sufficient to form a belief as to the PlaintilIs expenses, COUNT II - INTENTION DESTRUCTION OF PROPERTY 3{', The Answers of Paragraphs I through 35 inclusive are incorporated herein and referenced thereto, 37, After a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and specific proof is demanded at trial. 38. Denied; The Defendants are unaware of any meeting between themselves and the Plaintift' and/or their agents concerning the foregoing information. 39, Denied; The Defendants were not confronted by the Plaintift's representatives concerning rumors. nor were they given notice of pending liability as the above meeting did not take place, 40. Denied; The Defendants were not advised by the Plaintiffs concerning Shippensburg University and local police department actions because the above-mentioned meeting did not take place within the Defendants' knowledge, 41. The Defendants specifically deny the above conference and warnings took place; however, admit that no acts of destruction had been reported. 42, Denied. The Plaintiff found the vacated premises neither substantially or deliberately destroyed as the Defendants had relinquished the property in substantially the same condition as they had acquired it. 43. Admitted, 44. Denied; Defendants did not conspire to damage the property in any fashion. , " " ,,' , f , I, , C I, i, 1 :.. , r.. L' e;, .) \ '. \ , ~7:'. .. 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" . .' 4 . \-..,.' !'",.. ~,l' ,..i$i ~..... ~i:' ~hH~\.';~~.,t~l+-: ,~,~!~. :~"'.!'1~",,";c'::,_.~t., . ....~:.,'l. I., '~'iJ-n,~ jj_jl@J;[~t~ :7:,." .~i7~~';;=~~''!-:!'';~1:1J5~ \ . .' , ',~ ':'1 ~ ';;~~',: ~i:' \'~J...t &/~ki : =-~~ ~:~'~~ ~,:ti.:~~1~[~~1~~~~~~ , ". c. ~"""'....l"'';/;' .,~~~ 'j,.. .-.' ~,.. :... "<..~1;;;..I\....-..,,_~lff'ot;t~ ,L ,. '--'..'i'4i'''\>-''!p''1'i.'...-,.. \, .' -.!,.... ;,'~'XF..i11r."f' ,.~....~. . "I'i'1,:~;j': 'i:,:r.1x(t-'f,..3<~ ".. ',' .....,~,.~..:>'S':~ ~i:~;-oI;~ y :\':,/, f....-~..::~~1i.l .' . \ ,~,-'l~\<"f~~ '.~l~."~;l \.~. ~''''''''''''>;'~:'"~''':.''"!l!~ ..~' . "t 'h"';t.l,J:.t.. ;' :'.." -{::. t'...,~';~ . ~i:;"'-+ ... ~ ,~.-.; ......:;- ~'cf....",....~"@ ~, . \ ;.. , '; ::";"~,':::;l!~~": , '.-I,..... ..L....... ;~.:~'I>:". .. . ;" - ;:'t""""P;;,~.y:, t' ., . - - \-.~"'" ' ,-~ ~I:' '~,r:\B;:*~B~~ 'I:' ,~..h"::.t<: "..- .,' -''- .,' . , , Co..~ . .-: -;,'. '-:~~:~h;~~ '." "'r "f ',' " ,< !~tl;;Sgt~~~'j~iH';~,,~'>:~~;l I ~'''l .,' ",' ~......; , ,;\' ':; ,. ....-.-.. ,.: "'.- ,.... ." ~ .... .,-~...-,--.... ~ .' ~.._....-.:..-.......----~-~~ -~- .. ----.... -~ ~ 8. Admitted 9. Admitted. 10. Admitted II. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. IS. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Admitted. 23. Denied; At no time were the Defendants tenants pursuant to a lease at 26 Middle Spring Avenue prior to March I, 1996. 24. It is admitted that the Defendants entered into a lease commencing March I, 1996. 25. Admitted. 26. Admitted. 27. Admitted. 28. Admitted. 29. Admitted. 30. As Paragraph 28 of the Lease Agrecment has not been providcd with the copy of the Complaint, the Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. COUNT 1- BREACH OF LEASE 31. The answcrs of Paragraphs I through 30, inclusive, are incorporated herein and referenced thcreto. 32. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief of this averment and specific proof is demanded at trial. 33. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and specific proof is demanded at trial. 34. Denied; The Defendants did not cause substantial damage beyond normal wear and tear during their possession of the premises nor was substantial dcbris left bchind upon their vacating the above premises. 35. Denied; The Defendants did not cause damage to the property requiring substantial repairs nor did they leave excessive debris behind after their departure. Furthermore, as an itemized list of costs of repairs has not been provided, they are without knowledge or information sutlicient to form a belief as to the Plaintiff's expenses. COUNT II - INTENTION DESTRUCTION OF PROPERTY 36. The Answers of Paragraphs 1 through 35 inclusive are incorporated herein and referenced thereto. 37. After a reasonable investigation, Defendants are without knowledge or information sutlicientto form a belief as to the truth of this averment and specific proof is demanded at trial. 38. Denied; The Defendants are unaware of any mecting between themselves and the Plaintiff and/or their agents concerning the foregoing information. 39. Denied; The Defendants were not confronted by the Plaintiff's representatives concerning rumors, nor were they given notice of pending liability as the above meeting did not take place. 40. Denied; The Defendants were not adviscd by the Plaintiffs concerning Shippensburg University and local police department actions because the above-mentioned meeting did not take place within the Defendants' knowledge. 41. The Defendants specifically deny the above conference and warnings took place; however, admit that no acts of destruction had been reported. 42. Denied. The Plaintiff found the vacated premises neither substantially or deliberately destroyed as the Defendants had relinquished the property in substantially the same condition as they had acquired it. 43. Admitted. 44. Dcnicd; Dcfcndants did not conspire to damagc thc propcrty in any fashion. 45. Aftcr rcasonablc invcstigation, Dcfendants are without knowlcdgc or information sufficicntto form a bclicf as to thc truth of this avcrment and specific proof is dcmandcd at trial. WHEREFORE, the Dcfcndant prays your Honorablc Court to entcr a judgmcnt for thc Dcfcndants and hold thcm frcc and clcar of all claims brought by thc Plaintiff. Respectfully submittcd, By ;;; & ASSOCIA:E(;]j'" :~ 1/) j" )~~ , I~ Thomas S. Dic I, Esquirc Suprcme Court 10# 78942 Attorncy for Dcfendants 200 North Hanover Street Carlislc, P A 17013 (717) 243-5551 (800) 347-5552 (') (, I," , , , r.";'.. (7',,',; .t Ii ,- [tlk/- ",' .,., .". . " ..i.:'-. b. r'-; . '. ; .. '!; "r'~(';~ .' ,,:\.;t:!'i:;f':,J: -;' .,t " ','" \, .! ':. ";,,1 -": . -,', ,r, ;. '.::! ',\:' " ".,' ,.,- .<:: :i' .. " j" ",,1'. ;.'-"1'" i';~~J..j~tii'- ":j:~ ',~:!Y~j~:tiJ~~iJ '", "~~'"; 11' 1~1""~~'J. . . .<.ji:-;;::~i;; ~'f~?lb~ , , .., ,...,....,.."I"-T \"t~ \::) r~!:~ :A~:'.~~ .~,. '.,. ~ '.'.;'<-\:Pl" . :./::::y;)tJ~r:;:~}i .', ,'. .I.e.,.f ,p'" _.. . .,.;."'1-' "........t-:. "_: ": ' ".;J"I.'lI.i' _,' ',,' :;:~"" ;:Jr}~ \i.~. ;:;; ;~r;:\U:;;~i~i . "...",.,.,,~lJ, ',::1-':' ., ":,'. '!' ',' , ,,~~_, :1,:1 ~,',.".";. ",.:"'P"..4f,;-'f'''l " _ .,_y': ~'::l,_~~.\_t~~"':;"~ ., \ _ ,W, ,.".v".'"nlil~ I _::::-.. ~...\. '1,1 ~:.,_,~~r;t"..1.., . " _! tJ~~";'~ t~ ~'. 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"',4.:" ~~. /" i" 'f' - ~'.,. !",':"'i"!~"\" . :..:,,,:;._.l.;7,, .1 :~,,,';;-'''-'T'~ ,:;,.,.,: . r.F .:-/.: "1.,~~,......,.~....1.,.~.,t=:---r';~ ;'-~' :.f1ff/!' ;'~"t:;i.;~;..'ri'tr..,;,"1-:...'. ,.'";. To- ':-!':f~!!;"t:-\:.!'"if,ti~, ';~~~'.> ~ ~-r,'a( .J:.,.., .-'''' \1.", ~'.~J~')I-o. ,d" I ;;~},'" J~f;F:'.~ . iff. .' . '~'l~...q!t"',Ai''';~''i. ~~J . . . ~. .f. ,1.;,}:h~i-'FJ:l';!""':"-''''' '. :)"''''l.?--'':.'~i~..r,t7~J''r';~ of ..... ......""..,c.: : ,..(....,,"'. ....,.'..,/ .... ;f-. .... 'j .. , ~' ' .\ , " . ~.. ,. ,'~ ;: ,.-' ",' ,:.. .;' ;~:i{:~~ ..~~i~-'::; o--.T-:'-'-' ,. ,i " :~. ~,<, ~- ~,~-; :; -1~~;_"'.:: .1:':1 ~ -:' ,..: ,...' ~.;:.:~ ,~ 8. Admittcd 9, Admittcd. 10, Admittcd II. Admittcd, 12, Admittcd, 13. Admitted, 14. Admittcd, IS, Admitted, 16, Admitted, 17, Admittcd, 18. Admitted, 19. Admittcd, 20. Admittcd. 21. Admittcd 22. Admittcd, 23. Dcnicd; At no timc wcrc thc Dcfcndants tenants pursuant to a Icasc at 26 Middlc Spring Avcnue prior to March I, 1996. 24. It is admitted thatthc Defendants entcred into a Icasc commcncing March I, 1996, 25. Admittcd, 26, Admittcd. 27, Admittcd. 28. Admillcd. 29, Admillcd, 30. As Paragraph 28 of thc Lcasc Agrcement has not bccn providcd with thc copy of thc Complaint, thc Dcfcndants arc without knowlcdgc or information sufficicnt to form a bcliefas to thc truth of this avcrmcnt. COUNT I - BREACH OF LEASE 31, Thc answcrs of Paragraphs I through 30, inclusivc, arc incorporated hcrcin and rcfcrcnccd thcrcto. 32. Aftcr rcasonablc invcstigation, Dcfcndants arc without knowledge or information sufficicntto form a bclicf of this avcrmcnt and spccific proof is dcmandcd at trial, 33, Aftcr rcasonablc invcstigation, Dcfcndants arc without knowlcdge or information sufficicnt to form a bclicfas to thc truth of this avcrmcnt and spccific proof is dcmandcd at trial. 34. Dcnicd; Thc Dcfcndants did not causc substantial damagc beyond normal wcar and tcar during thcir posscssion of thc prcmiscs nor was substantial dcbris left bchind upon thcir vacating thc abovc prcmiscs. 35. Dcnicd; Thc Dcfcndants did not causc damagc to thc propcrty rcquiring substantial rcpairs nor did thcy Icavc cxccssivc dcbris bchind aftcr thcir dcparturc. Furthcrmorc, as an itcmizcd list of costs of rcpairs has nol bccn provided, thcy are wilhout knowlcdgc or information sufficicnt to form a bclicfas 10 thc Plaintiff's cxpcnscs. COUNT 11- INTENTION DESTRUCTION OF PROPERTY 36, Thc Answcrs of Paragraphs 1 through 35 inclusivc arc incorporated hcrcin and refcrenccd thercto, 37. Aftcr a rcasonablc invcstigation, Defcndants are without knowlcdgc or information sufficicnt to form a bclicf as to thc truth of this avcrmcnt and specific proof is dcmandcd at trial. 38, Dcnicd; Thc Dcfcndants arc unawarc of any mccting bctwccn themselves and thc Plaintiff and/or thcir agcnts conccrning thc forcgoing information, 39, Dcnied; Thc Dcfendants wcrc not confronted by the Plaintiff's reprcscntatives concerning rumors, nor wcrc thcy givcn noticc of pcnding liability as thc abovc mccting did not takc placc, 40, Dcnicd; The Dcfcndants wcrc not adviscd by thc Plaintiffs conccrning Shippcnsburg Univcrsity and local policc dcpartment actions bccausc the above-mcntioncd meeting did not takc placc within the Dcfendants' knowlcdge, 41. Thc Dcfcndants spccifically deny thc abovc confcrcncc and warnings took place; howcvcr, admit that no acts of dcstruction had bccn rcportcd, 42, Dcnicd, Thc Plaintiff found thc vacatcd prcmiscs neithcr substantially or dclibcrately destroyed as thc Dcfcndants had relinquishcd thc propcrty in substantially thc samc condition as thcy had acquircd it. 43. Admittcd. 44, Dcnicd; Dcfcndants did not conspirc to damagc thc propcrty in any fashion. 45, Aftcr rcasonablc invcstigation, Dcfcndants arc without knowledgc or information sufficicnlto form a bclicfas to thc truth of this avcrmcnt and spccific proof is dcmandcd at trial. WHEREFORE, thc Dcfcndant prays your Honorablc Court to cntcr a judgmcnt for thc Dcfcndants and hold thcm frec and c1car of all claims brought by the Plaintiff, Respectfully submitted, GRIFFIE & ASSOCIATES By 01,+ J0k/ Thomas S, Dichl, Esquirc Suprcmc Court 10# 78942 Allorncy for Dcfcndants 200 North Hano\'cr Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 .' ':1 " :.,,,, / ;:. " ..".' , :"-' '.:"i, "':..- i ,,"j !;,' -';:,,';, _:~,I " " I ;-..... -',' ,"-! 'j': ..:,' '. ':: ~ 'i.:~ r-....';.'~.J~Ii';lf-::i" , '." ,,,,-.,,.~!.. .)' ~..' " ,'-. .... ; . ,. It ,',.r. ~ ~'. (f:i~$--" ,:':;:1' ;').~,~:~~W:J~l 1- :j~".".,.jl::- ;,:m.'j.~;.r.A ,"~;,~" ~;:~,'/;': t~~:~:.~:it~~:~I",?~~i?~ ,i- _ <l~'; l;,,,,p."",:~.,\-(C.....tl:r"~- .;i'~j~~~lfa1 ..,.{,..__n.,:,:.~",.t':..:_,,-j~~;J;l ...' ~I;i~i~;~ "....,..'/"....,(-'.... :%~~J~~~~~ , ,"'W",) ,J~"l' " , '.t,i.1;4~fri!~t;~~ '_.... Jf.~1,:~ p'.~~f ~.... .1,1:. .. ..I ..\Tl~~it'\-~.~ .. ,,' ~.frj:"..,,(lq,;' , , t" d. :.';rli~'~..~,!'.Mi,f . :~.T i.~l::~~~~;~rf,i~~.!i~ I' ",,'.'<,-\ .1" ~""t,l-t'" . .," ~ "'I,A-" >: #<1"' .,' .' . .. l.,..,I~." ,,,'.1J1' .~t ~ ;., 1'.,\- "!h-r~":""o.." ~ ~ ~. i'v . ~~ _' f.h'f~"l.;}-'i.:~;';: . ,. "" ,?,,' .~;;j .......,"~. . :.~. .. 1\ "".~'J I ,;;<".~,:"."" ~ ".'t ':\ ~,.t.~~!'~ \~...:ti' \m"... "" _'~ ,,,\,,--.., .~ +r~!..~t~ . . ;..\:" "',;::~{'~"';:,,<.~ \,;,,~;~i~;'!. "_ ' :" ,-~.;:,.~...-l"i''-.t'i'~.ti.; - t.l.~; : . '.~ t' ~ .!.,t;~-j-E; i.."4 " ;' . 't'~.~ fl'l...;;:~t.: .;. f 'l'P' ~,=-.,.'..,..1 _~1: ..~'4"i.: -;; t T .... ~ ~"...q""'\.:~rr'i': .~J:"1 ._. ...~"~",.;...tt"'tl,,,~'~IOb,~ " ". :!~.:.:-..~'':.-,.;~t''Tt-t...5.~'''l'.;J<...}ti , ." ,"',' . ,./'i~,_l,t~"~)<.",.l[- ~_. ~ ....._"'."'r';,,.;.-'''i.-l._,T-\i.ii-\:... ~ '"' .:t,':... ~1!~:,'i1:,~_~-"t1.tf ~ \... _~~ ~k' ~ i": t"."}}'.~ .. .,-'.- .,~~ -'l "'.'::' ,. . .>'~ ~f;> 'j." " , , ,. , , ' " '.';,' ," ;,,- " "\ 97-077 RUBINATE, JACOBS & SABA Scott A, Freeland, Esquire Attorney for Defcndant, Jonathan Fiorelli 214 Senate Avenuc, Suite 503 Camp Hill, PA 17011 Telcphone Number m 7) 731-0988 SffiPPENSBURG UNIVERSITY FOUNDATION, INC" Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, DOCKET NO. 97-2543 Civil Term THOMAS C, BAlli, JON D, CHRISTMAN, JONATHAN A, FIORELli, GREGORY L. GEm, MARTIN T, GREGORSKI, HOWARD p, HERBERT, PATRICK B, LEADY, DANIEL E, MAJOR, FREDERICK W. MARLOWE, ADAMJ, PALMERIO, MICHAEL J. PROFITT, JAMES A, RUFFNER, JOHN A, RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S, SMITH, JR., KENNETH M, THORTON, MARK E, TILLEY, AND JASON F. WOZNIAK, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, JONATHAN A, FIORELli TO PLAINTIFF'S COMPLAINT AND COMES, the Dcfendant, Jonathan A, Fiorelli, by and through his attorney, Scott A, Frecland, Esquire, and in suppon of his Preliminary Objcctions to Plaintiffs Complaint hcreby states as follows: 1. On or about May 13, 1997, the Plaintiff filed a Complaint in the Coun of Common Pleas of Cumberland County, Pcnnsylvania. A copy of said Complaint with exhibits is attached hereto as Exhibit "A". 2, Said Complaint contains two counts, onc for Breach of Lease, the othcr for Intentional Dcstruction of Property, arising from the allcged landlord tcnant relationship betwccn the Plaintiff and thc ninctccn Defcndants, 3. Paragraph 23 of Plaintiffs Complaint allegcs that the Dcfcndants were tenants of the premises at 26 Middle Spring Avcnue, pursuant to a written lease agreement which cxpired on December 31, 1995, No copy of said alleged writtcn documcnt is attached to thc Plaintiffs Complaint. 4. In paragraph 24 of Plaintiffs Complaint, it is allcged that the Defcndants entcred a ncw lease agreement with the Plaintiff commencing Mareh I, 1996, It is allcged that a true and correct copy of said leasc agreement is attached to the Complaint as Exhibit "A". It docs not appear that a complcte copy of the allcged leasc agreement is attached to the Plaintiffs Complaint. 5. Count I of Plaintiffs Complaint is direeted against all Defcndants jointly and scverally, sccking one month's rental payment, allcged unpaid scwer and watcr bills and .compensation for allcged propeny damage to the leased premiscs, 2 6. Count n of Plaintiffs Complaint is directed against all Dcfendants jointly and severally, alleging intentional destruction of the leased premises, seeking compensation for thc alleged damage to the premises and punitive damages. COUNT I MOTION FOR MORE SPECIFIC PLEADING 7. Paragraphs one through six of Preliminary Objcctions of Defendant, Jonathan A. Fiorelli to Plaintiffs Complaint are incorporated herein by refcrence, 8, Plaintiff fails to attach complctc copics of thc written documents refcrred to in the Complaint in violation of PA.R.C,P. Rulc 1019. 9. Plaintiff fails to set forth a scparate count of liability, with specific allcgations against Defcndant, Jonathan A. Fiorelli in violation of PA,R.C,P, Rules 1019 and 1020 and applicable case law. 10. The Plaintiffs Complaint lacks sufficicnt specificity in violation of Pcnnsylvania Fact Pleading Requiremcnts, preventing Dcfcndant, Jonathan A. Fiorelli, from preparing an adequate response to Plaintiffs Complaint and ultimatcly dcfcnding this action, WHEREFORE, Defcndant, Jonathan A, Fiorelli, respectfully requests that thc Plaintiff be ordered to file a more specific pleading, to attach complcte copics of the writings at issue to the Complaint and providc specific counts with specific allegations against Defcndant, Jonathan A. Fiorelli. 3 COUNT n MOTION TO STRIKE II. Paragraphs one through tcn of Preliminary Objections of Dcfcndant, Jonathan A. Fiorelli to Plaintiffs Complaint are incorporated herein by reference, 12. Paragraph 37 of Plaintiffs Complaint statcs "On or about late April, 1996, the Plaintiff was advised through Shippensburg Univcrsity that there were "campus rumors" that the members of the Kappa-Lambda Chapter of thc Kappa-Sigma Intcrnational Fraternity were planning to willfully and deliberatcly dcstroy thc leased premises, " 13, Paragraph 38 of Plaintiffs Complaint statcs "In response to the foregoing infonnation, the Plaintiff hcld a mccting with a number of the officers of thc Fraternity, all of whom were tenants undcr the Lease Agreement, Exhibit' A', and are Dcfcndants in this action. " 14, Paragraph 39 of Plaintiffs Complaint statcs "Rcprescntativcs of the Plaintiff confronted the said Defcndants with the "rumors" and advised thcm that each and every member of the Fratcrnity would be held jointly and sevcrally accountable for any damage which may be caused and requested that all tcnants be advised and that stcps be takcn to insure the property was not damaged, " 15, Paragraph 40 of Plaintiffs Complaint states "Rcprescntativcs of thc Plaintiff furthcr specifically advised said Dcfcndants thc Plaintiff, Shippensburg Univcrsity and the local Police Dcpartment would respond immediatcly if any Defcndant/Tenant contacted the 4 Plaintiff, appropriate pcrsonnel at the University, or the local Police Department that acts of willful dcstruction were being or about to be committed at thc premises. " 16. Paragraph 41 of Plaintiffs Complaint statcs "Dcspite the said conference and warnings, none of the Defcndants reported any acts of damage and destruction being committed at the premises or requcsted any assistance. " 17, Paragraph 43 of Plaintiffs Complaint states "Not one single Defcndant/Tcnant made any efforts to obtain thc assistance of the Plaintiff or othcr authorities to avoid or limit the damages to the premises aforesaid, " 18, Paragraphs 37, 38, 39, 40, 41 and 43 of Plaintiffs Complaint fail to confonn to law or Rule of Court and include scandalous and impcrtincnt matter in violation of PA,R.C.P, Rule 1028, 19, Paragraphs 37, 38, 39, 40, 41 and 43 of Plaintiffs Complaint, constitute evidcnce impropcrly contained in Plaintiffs Complaint in violation of Pcnnsylvania Fact Pleading and as such, should be stricken from Plaintiffs' Complaint. WHEREFORE, it is respectfully requcsted that paragraphs 37, 38, 39, 40, 41 and 43 of Plaintiffs Complaint be strickcn from thc Plaintiffs Complaint. COUNT III DEMURER 20. Paragraphs one through nincteen of Preliminary Objections of Defcndant, Jonathan A, Fiorelli to Plaintiffs Complaint are incorporated herein by reference, 5 21. Plaintiff fails to plead sufficient facts to support a claim for punitive damages. 22. Count II of Plaintiffs Complaint fails to state a cause of action upon which relief may be granted against Dcfcndant, Jonathan A, Fiorelli, WHEREFORE, it is respectfully requcsted that your Honorable Court issue an Ordcr granting a demurer as to Plaintiff s claim for punitive damages contained in Count II of Plaintiffs Complaint, Respectfully submitted, RUBINATE, JACOBS & SABA Scott A. Freel d, Esquire Attorney for Defendant, Jonathan A. Fiorelli 214 Senatc Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number (717) 731-0988 Idcntification No, 55663 6 97-077 smpPENSBURG UNIVERSITY FOUNDATION,INC" Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DOCKET NO. 97-2543 Civil Tenn THOMAS C, BAEU, JON D. CHRISTMAN, JONATHAN A. FIORELU, GREGORY L, GEm, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E, MAJOR, FREDERICK W, MARLOWE, ADAM J, PALMERlO, MICHAEL J, PROFITT, JAMES A, RUFFNER, JOHN A, RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETIl M. THORTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Dcfcndants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE SCOTT A. FREELAND, ESQillRE, hcreby ccrtifies that he is the attorney for Defcndant, Jonathan A, Fiorelli hcrein, and that he caused a true and correct copy of Preliminary Objcctions of Dcfendant, Jonathan A, Fiorelli to Plaintiff's Complaint to be scrved by regular first class mail upon: Daniel F, Shughart, Jr.. Esquire 3S Easl High Street, Suite 203 Carlisle, PA 17013 Attorney for Plaintiff Thomas C, Baeli 71 Bard Drive Shippensburg, PA I nS7 Jon 0, Christman 680 Hampstead Court York, PA 17403 Exhibit A 85/18/1997 82:18 814-495-%58 MIKE ZER8V , . ,May~23-97 02:11P Wo1che~t Chadds Ford 1 610 558 0317 PAGE 84 P.02 SHIPPENSBURG UNIVERSITY FOUNDATION, INC" Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 - d5L/.3 CIVIL TERm THOMAS C. BAELI, JON D, CHRISTMAN, JONATHAN A. FIORELLI, GREGORY L. GEIB, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B, LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN,' JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M, THORNTON, MARK E, TILLEY, AND JASON F. WOZNIAK, Defendants ~ 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 A LAWYER AT ONCE. NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU LEGAL HELP, IF YOU DO TELEPHONE CAN GET TRUE COpy FROM RECORD In Testimony whereof, I here unto sat my ~nd lnd the S6al of s.aid Court at Carlisle, Pa, ,hIs \~4'" Cla~ 01 ~lD;,^~ \t~:i- ,~n C'f\ ~ ' (\ ~ D<~IMnnl~N Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 CCl'1plQ,'nl. i.') Telephone: (717) 240-6200 6/J3/Cn 86/18/1997 82:18 81~-~9S-96S8 MIKE ZERBY PAGE 8S ,.May-23-97 02:11P Weichert Chadds Ford 1 610 5S8 0317 p.03 SHIPPENSBURG UNIVERSITY FOUNDATION, INC" Plaintiff IN THE COURT OF COMMON PLE~S OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 97 - CIVIL THOMAS C. BAELI, t/ JON D. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY L. GBIS, MARTIN~. GREGORSKI, HOWARD P. HERBERT, PATRICK B, LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S, SMITH, JR., KENNETH M, THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants . COMPLAINT AND NOW, comes the Plaintiff, Shippensburg University Foundation, Inc" a Pennsylvania non-profit corporation, by its attorney, Dale F, Shughart, Jr., Esquire and states the following cornplaint: 1, Plaintiff is Shippensburg University Foundation, Inc., a Pennsylvania non-profit corporation, with its principal place of business at 1871 Old Main Drive, Shippensburg, Cumberland County, Pennsylvania. 17257. 2. The Defendant. Thomas C, Baeli. is an adult ~ndividual who resides at 77 Bard Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendant, Jon D, Christman, is an adult individual who resides at 660 Iiarnpstead Court, York, York County, Pennsylvania 17403, 4, The Defendant, Jonathan A, Fiorelli, is an adult individual who resides at 2B4 Glen Mills Road, Glen Mills, Delaware County. Pennsylvania 19342, B5/1B/1997 B2:10 814-495-9558 MIKE ZERBY ~May~23-97 02:11P Wuichert Chadds Ford 1 6]0 558 03]7 PAGE B5 ~.U4 5. The Defendant. Gregory L. Geib, who resideD at 246 East Garfield Street, County, pennsylvania 17257, 6. The Defendant, Martin T, Gregorski, is an adult individual who resides at 5677 North 7th Street, Philadelphia, Philadelphia County, Pennsylvania 19120. 7. The Defendant, Howard P. Herbert, is an who resides at 31B g, Earl Street, Shippensburg, County, Pennsylvania 17257. 8, The Defendant, Patrick B, Leady, is an adult individual who resides at 339 East Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257, 9, The Defendant, Daniel who resides at 246 E. Garfield County, Pennsylvania 17257. 10, The Defendant, Frederick W. Marlowe, is an adult individual who resides at p, 0, Box 498, Dillsburg, York County, Pennsylvania 17019. 11. The Defendant, Adam who reaidea at 16 North Malin is an adult individual Shippensburg, Cumberland adult individual Cumberland E. Major, ia an adult Street, Shippensburg, individual Cumberland J. palmerio, is Road, Broomall, an adult individual Delaware County, Pennsylvania, 19008. 12, The Defendant, Michael J. Profitt, is an adult individual who resides at 339 E, Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 13, The Defendant, James A, Ruffner, is an adult individual who resides at 7409 Bear Wallow Drive, Warrenton, Fauquier County, Virginia 22186. 14, The Defendant, John A, Ryan, is an adult individual who resides at ~39 E, Surd Street, Shippensburg, Cumberland County. Pennsylvania 17257. 15. The Defendant, Jarrod S, Schappell, is an adult individual who resides at 212 North Queen Street, Apartment A, Shippenaburg, Cumberland County, Pennsylvania 17257. -2- 0&/10/1997 02:10 814-495-%58 MIKE ZERBV PAGE , . .May-23-97 02:11~ Weichert Chadds Ford 1 610 558 0317 16. The Defendant, David R, Scott, is an adult individual who resides at 339 E, Surd Street, Shippenaburg, Cumberland County, Pennsylvania 17257. 17. The Defendant, John S. Smith, Jr,. is an adult individual who resides at 304 N, Fayette S~reet, Apartment 506, Shippensburg, Cumberland County, Pennsylvania 17257. 18, The Defendant, Kenneth M, Thornton, is an adult individual who resides at 175 East Beidler Road, King of Prussia. Montgomery County, Pennsylvania 19406, 19, The Defendant, Mark E. Tilley, is an adult individual who resides at III East Fairmount Street. Coopersburg, Lehigh County, Pennsylvania 18036, 20. The Defendant, Jason F, Wozniak, is an adult individual who resides at 643 East Fourth Street, Boyertown, Berks County, Pennsylvania 19512. 21. plaintiff is the owner of a charitable remainder interest in improved real property located at 26 Middle Spring Avenue, Shippensburg, cumberland County, Pennsylvania. 22. The Defendants were all members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity and students at Shippensburg University, 23. The Defendants were tenants at the premisBs at 26 Middle Spring Avenue, pursuant to a written Lease Agreement which expired December 31, 1995, but all remained in possession and were served a formal Notice to Quit on February I, 1996, 24, The Defendants entered a new Lease Agreement with the Plaintiff commencing March I, 1996, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "1\", 25. the Lease the terms 26, Although Defendants Christman and Herbert did not sign Agreement, they remained in possession and are bound by thereof, Paragraph 4 of the Lease Agreement provides for monthly -3- 67 P.OS 85/18/1997 82:18 814-495-%58 MIKE ZERBY PAGE 88 ,..................".........................................".. ...".................................................................. MaY-23-97 02:12P WoichQ~t Chadds Fo~d 1 61.0 558 .0317 P'06 rental of Two Thousand Six Hundred Fifty ($2,650.00) Dollars per month from March 1, 1996 through May 31, 1996. 27, Paragraph 14 of the Lease Agreement provides that the tenants are responsible for the good care of the leased premises. 28. Paragraph 18 of the Lease Agreement provides that the Agreement is a joint and several lease, each tenant being individually responsible for compliance with all terms and , conditions of the Lease Agreement, jointly and severally, with all other tenants, 29. Paragraph 18 further provides that tenants are responsible for overdue rent and money damages caused by tenants' violation of the Lease Agreement, 30, Paragraph 28 further provides that tenants are responsible for reasonable attorney fees incurred in any lawsuit which may be filed. COUNT I - BREACH OF LEASE SHIPPENSBURG UNIVERSITY FOUNDATION VS ALL DEFENDANTS, JOINTLY AND SEVERALLY 31. The averments of Paragraphs 1 through 30, inclusive, are incorporated herein by reference thereto. 32. When the tenants vacated the premises at the expiration of the Lease, May 31, 1996, one month's rental, the aum of Two Thouaand Six Hundred Fifty ($2,650,00) Dollars was unpaid and remains due and owing, 33. Paragraph 16 of ~he Lease Agreement provided that ~enants are responsible for utilicy services, including sewer and water charges, ~t the expiration of the Lease there remained an unpaid sewer and water bill in the sum of One Thousand Four Hundred Fifty-five and 46/100 ($1,455.46) Dollars which was paid by the Plaintiff and has not been reimbursed by the tenants, 34. During the cerm of the Lease Agreemen~, the tenants caused substancial damage to the leased premises and departed leaving extensive trash, garbage and other debris on the leased - 4 - MIKE 2ERBV .~ay~~3-97 02:13P Weichert Chadds Ford 1610 558 0317 05/10/1997 02:1e 814-495-%58 PAGE 09 P.07 premises, 35, Plaintiff has repaired the damages caused by the Defendants and removed the trash and debris at a total cost of Thirty-one Thousand Nine Hundred Ninety-one and 61/100 ($31,991,61) Dollars. An itemization of the costs of repairs and clean up is attached hereto, made a part hereof and marked Exhibit "B". WHEREFORE, Plaintiff prays Your Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants, jointly and severally in the sum of Thirty-six Thousand Ninety- seven,and 07/100 ($39,097.07) Dollars, together with costs of suit, interest from June I, 1996, and reasonable attorney fees actually incurred in pursuing this cause of action to judgment, an amount in excess of Twenty Thousand ($20,000.00) Dollars, and therefore in excess of the amount requiring compulsory arbitration, COUNT II - INTENTIONAL DESTRUCTION OF PROPERTY SHIPPENSBURG UNIVERSITY FOUNDATION VS, ALL DEFENDANTS, JOINTLY AND SEVERALLY 36, The averments of Paragraphs I through 35, inclusive, are incorporated herein by reference thereto, 37, On or about late April, 1996, the Plaintiff was advised through Shippensburg University that there were "campus rumors" that the members of the Kappa-Lambda chapter of the Kappa-Sigma International Fraternity were planning to willfully and deliberately destroy the leased premises. 38, In response to the foregoing information. the Plaintiff held a meeting with a number of the officers of the Fraternity, all of whom were tenants under the Lease Agreement, Exhibit "A", and are Defendants in this action, 39, Representatives of the plaintiff confronted the said Defendants with the "rumors" and advised them that each and every member of the Fraternity would be held jointly and severally -5- 06/10/1997 02:10 814-495-9658 MIKE ZERBY 'May-23-97 02:14P Weichert Chadds Ford 1 610 5Se 0317 PAGE 18 P.OS accountable for any damage all tenants be advised and property wao not damaged. 40. Representatives of the Plaintiff further specifically advised said Defendants the Plaintiff, Shippensburg University and the local Police Department would respond immediately if any Defendant/Tenant contacted the Plaintiff, appropriate personnel , at the University, or the local Police Department that acts of willful destruction were being or about to be committed at the which may be caused that steps be taken and requested to insure the that premises. '41. Despite the said conference and warnings, none of the Defendants reported any acts of damage and destruction being committed at the premises or requested any assistance, 42. At the expiration of the Lease, when Defendants/Tenants vacated the premisee, the Plaintiff found that the premises had been substantially and deliberately destroyed by the Defendants and that considerable trash, garbage and other debris had been strewn around and about the premises by the Defendants/Tenants. 43. Not one single Defendant/Tenant made any effort to obtain the assistance of the Plaintiff or other authorities to avoid or limit the damages to the premises aforesaid, 44. plaintiff believes and therefore aver that all Defendants, jointly, by conspiracy and concerted action willfully and deliberately acted together as a Fraternity to commit wanton acts of destruction throughout the demised premises and to strew it with trash, garbage and other debris with the intention of damaging and destroying the property and rendering lt uninhabitable. 45, As a result of the aforesaid intentional and deliberate damage and destruction of the leased premisea. the Plaintiff' incurred repair costo in the sum of Thirty-three Thousand Four Hundred FortY-geve~ and 07/100 ($33,447.07) Dollars, which are itemized on Plaintiff's Exhibit "8" attached hereto and made a - 6 - 0&/10/1997 02:10 814-495-9&58 MIKE ZERBY PAGE 12 ,May'-23-97 02:15P WQichcrt. Chadds Ford 1 610 558 0317 P.I0 VERIFICATION I, John E. Clinton, Executive Vice-President and CEO, of the Shippenaburg University Foundation, Inc" hereby verifies that the facts set forth in the foregoing Complaint are true and correct, to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn ""\"0'''0",. a r. John E. Clinton DATE: May /2-, 1997 -6- OG/l0~1997' 02:10 814-495-%58 MIKE ZERBV PAGE 13 P. 11 ,Mn~~23-97 02:15P Weichort Chndds Ford 1 610 558 0317 . , '.' D!I1J'UIlCIt Landlord ogre.. to havo in.uronco on tho building where the leased pre~iseB il located, T&n&nt', own propsrty i. not insurod by landlord's insurance. ~.n&nt i. re.ponoible tor taDant's own pro~erty thAt i5 located in the loasod promioes, 9. ASSIGll)lJ:IlTS Oil St1llLlL\SEB 8'1 TElIAlI'l' ," ASBIGll)lJ:IlT (O~ ASSIGN) is the logal term tor a transtor of the lease from the tenant to another peroon, Thi. othsr per.on then become. the landlord', new tenaDt and taK.o ovor tho leaoo, T&nant agree. not to transter (a..ign) this leaoe to anyone olso without the writton permiosion ot the londlord, ~ sublease is a separate lo..e b.tween the tenant and another pereon who loa.eo all or a part of the leased premi.eo from the tacant, Tenact QgreeD not to leanc (sublcaaa) all or any part of the lease premioeG to anyone else without the written consant or lanOlord. Tonant agrees that it tanACt transfers thio l.a.e (assigns) or leoRe. all or a port ot the loased premi.es to another (GuDleosesl, tlcont has violated this loa.e, 10, RESPONSI8ILITY POll PAHAGE TO PROPERTY OR INJURY TO PEOPLE Lacdlord is roopon.iblo for all damage to property or injury to people caused by 1an410rd'a (or 1~dlord's repro.entatives) intentional or negligent acta Be the leased premises. TENANT IS RE$PONSI~~I FO~ ALL DAHAGI TO TXB LEADEn PREMISES AND INJURY ,~O PIl0PLll CAllSED BY '1'IOtAlI'l', TlOlANT'S l'AHlLY OR OOJST5. Tenant agree. Chat landlord is noC respoc.iblc to tenant, tanact's 'amily or guesta tor damage or injury caused by .water. snOll, or ice Chae ccme~ on the lea.ed premiees unloo. landlord was negligent. 11. USE OF LEASED PlllDIISES Tenant agree. Co u.e Che ~eased premise. only a. a re9idenco. Tenant agreo. to obey all federal, staCR Bnd local law6 and r.gulation. when using Che leased promigea. TAoant ogreos not to .tore any flammable. hal.ardoua, or toxic chemicalo or aub~tanccs in or around the leased prl!lmiae.5l. Tenant agrees not to do any activities in or around the lcaG8d premises whiCh could horm anyons or damago any property, Tenact agree9 that tenant will not B11011 more than 19 (ninetoen) people to occupy the 10a5ed premi.e. without the written permission of landlord, Taoant shall have a right to invite to the lea.ed premises, for a reasonable periOd of eime (not to exceed fourteen days without the IIritten consent of landlord) guests, family, or vi.itors so long as his obligations as a t.cant under this leases are observed, 12 , RilLES ~ REGt)l..\TIONS Tenant aqrCQR to obey all rules an~ rcgulatlonG for the lcaGed premises. l' tenant violates any rulea or re9ul~tions tor the leased premlse5, tenant violates thiG leaae. 13. L~LORD'S RIGHT TO HORTGAGK THE LEASED PREMISES (SllBoRDINATIONl Subordinata and .ubordiaation are IBllal term. that mean that thi. l.aoe doss not have any .ttect upon the right. of the landlord'. mortgAge company, In othBr word., teo~tl right. under thit lease aro . ,ubordioate to 1~dlord'8 mortgage company. It lAndlord dOBS not make tho mortgage po~.ont., the mortgage c~sny may havo the right to end the landlord" owner.hip of tho l...ed pr.mi.... If the mortgage company Eclt5 the leaned promilea It ~ mortgage foreclosure 9alc. the le..e mJY end. T.nant agreeD premiseo, If hn410rd g.t. that landlord has the right to mortgage thO lea sod landlord h.. . mortgag6 on the le...d premiaeo now, or it a IT\Orcgag. in the tuture, tsnant agroe' that this leass 18 .~_ '.~A'A~A'. ~~~taA08, "MaY~23-97 02: 16P Weichert 00/10/1997 02: 10 l.U/DLOlUl ; 'l'EIlAm'S ; 814-495-%58 MIKE ZERBY Chadds Ford 1 ADPITIOWAL Aa~s PAGE 14 P..12 610 558 0317 SlIIPPll1ISBURG UlIIVIlllSIT'i FOUNDATION I\APPA.LAHIlDA CllAPTIlR OF TIlS ICAPPA.SIGMA IImlRNATIONAL FAATBRNIT'i lJJlDLORD AND TEN1Jrl' AGRBB TllAT niB FOLLOWING ADDITIONAL AGREEMENTS ARK PAAT OF TIIll tRASB t I. Il.UI.llS AIU) IlZatn.ATIONS rOR 26 lIIDDLI SPllDlO AVJll1J1l SBIPPEIISBURG TONllSBIP, Cl1)Q\dLAN!l COlINT'{, l'BllNSYLV>>IIA. TIt1lSB 1l.0000S AND REGULA'I'10118 AU FOR TO SArltTY AND COllVBlIIIlJICB OF ALL TJ:lUllT S . 1. Tenant. loaoed premise. i. Buppli.d with a heat oource as part.ol tho lea.., It the heat oource tailo or there is not enough heat. tenant shall notlty landlord, Tonant agrees not to use kerossne n.atero or electric sp.c. hestor. or sny otner portable neatera without the prior written con.ont or landlord, 2. Tenant will nOt make any alteretions or the leased premises without the prior written consent of landlord. . 3.' Tenants agroo thn waterbeds or any other liquid lilled lUfnlture are not permitted in the leased premises, 4. Tenant ahall not disable the smoke datector. or other lire warning or rire protection devices. Tenant shall notify landlord it a omoke detector or rire warning or protection device is not in working order, 5, Tenant anall pay a ootvice charge ot tWenty dollars 1$20.001 il a chock given to pay rent io returnod ror inourricient tunds or othor cauSA within the control of tenant, 6, Tanant agrees that tenant will not k.ep any pets on the leased premioes, Tenant agroes that tenant will not allow t.nant's family or suosts or others to have or bring pets onto the leased premises, 7. Tenants agrQ. not to install any air conditioners in tho leased premises without the prior written consent or landlord, 8. T.nantB agree that no parties will be held on the leased pr.mi... without tho prior written eonsent or landlord. S, T.nant. agree that tno basement of the leased pramises i. ror the exclusive uoe or tenant. only. Tenants will not permit any vi.itor or SUeot or any othyr person under t.nant. control to enter the ba.ement area or lessed premi... withcut the prior written consent or landlord, Tenants egre. that under no circumstanc.. will the ba.ement area be used tor occupancy or entertaining, 10, Tenanta sgro. that if porking i. av~iloble it is for tenant'. convenience only and is not guaranteed by landlord. II, COllMUllICATIONS MREEMDIT 1. For the convenience of tenants and landlord, and to facil'tate a smooth and reliable chennel of co~~unications, tenants agree to provide in writing the name, street address, m~ilin9 address, and telephone number of an individual who will serve a. the tenant. agent tor any routine communications b.tween tenants and landlord, Tonanto ogree thet tenant. agont will r..ide in the leaeed premiS.. during tho term Of tho leooe agra.ment, ~~~r~:~~n~~~)' 1?c:J:2!t#- telophone number: ~~ Ten,nt. agree to provide ten 110J day. advance written not'fication to landlord of any change to tenar,c. communication 8gellt ldent,fied in it~rr. 1 above. 2, J. T.n&ntl agree that any [out~n., non emergency, communication (tor AX.~le, 8chedulinq .howinoG or the leased oramioes, reporting the ~.e~ to~. ",l~O~.. r~~I: ~~ ~~ _ ~~fJ ~ :!~ ~~~_ pre~:~~. :..~~c ~~.. n~~..~~~~...", OG/IO/1997 02:10 814-495-%58 MIKE ZER8Y PAGE 15 :May:23-97 02:17P Wo1chert Chadds Ford % XX. cucr; IN 1JIll CllECr; OO'I' nOCUlllUS .. A. cncx IN ~ROCJall7US. 1 610 558 0317 P.13 1. Tpnantl and landlord will both bl in po.se,sion of At ll..t one key ror tAch lock on lea.ed premiles, 2. A oet of 36 (thirty oix) photographs are in the poosession of both landlord and cenant showing the condition of each room in the premise., the exterior of the re.idence, and other areaS on the leased premi..., BOth tenant and landlord agree thet theDe photograph. represent the condition of the premi.eo at the Btart of the leaBe period, ), Within tive (5) days ot taking posao.aion of the leaBed premis.,' under thin lea.. agreement tenant will d.liv.r in writing to landlord a list of any additional items tenant WAnte to include AD evidence of the condition of the loa nod premiBe. at the .tart of chis lcaae agreement. 4, Within five (5) days of roceipt of any li.t as deocribed in paragraph three (3) above, landlord will inopect each item on the .list and veriry the condition. If necessary landlord will take additionAl photogrephe, Landlord will recain one copy of each photograph and within ten (101 d.ye will d.liver one copy of each photogr.ph to tenant, Both tenant and landlord .gree that both tenant's li.t and the addition.l photogr.ph. r.present the condition or the premi.e, at the etart of the lease period. II. CllBCr; OOT PROCXDURBS .1, At the end or the l.ase period each ten.nt will provide landlord 'with a rorwarding nddrc.. where tlnent can be Contact~d, ~, At the end of the lease pariod tenant will return all keye to the premi..s to landlord. If .11 key. issued to tenant are not return.d .t the end ot thie loa.e l~dlord will bill cenant for the cost of a lock change for e_ch lOCk Cor which tenant did nOt return a key, ), Landlord will compare the photographs .nd tenant's list documenting condition of the premiGss at the beginning of the lease agreement with the condition of the pramises at the end of the leas8 agreement. If there arc damag.. to tho le.oed premi.es ror which tenant is responAibl. tenant agrees to comp.nB.te landlord for the cost ot making repairs, 4, Landlord agreeo to provide tenant with an itemized bill for .ny lock change or damage repair done to the l....d premi... within thirty (301 days or the end oC the lease period. Tenant agree. to pey the bill received from the landlord wichin tsn (10) days of receipt.. BY INITIALINO TRESt ADDITIONAL LEASE AGREEMENTS, EACH TENANT AGREES TaAT Tz:NANT IUS READ 1JIll UNIlERSTANDS ALL OF TllESE .>JlOITION.\.L AOREE:HI:NTS 1JIll UNIlERSTANDS THAT TRESE ADDITIONAL ACREEY.ENTS ARE PART OF TRE LEASE. LANDLORD, SHIPPENSDURG UNIVERSITY FOUNDHION THmlAS S MlrROS AGWT FOR THE L.I\Nl)LORD TENANTS I \ ~ MARK TILLEY Jll'IUY RUFFI'IER FREOERICK MAR"OWE m. JASON WAZKAY. DAVID SCOTT .>JlAM PM.MER 10 4-P JOHN S, SMITH DANlli:L KAJOR MICHABL PROFITT JOI'I CIlR I STI-'J.!l G- HOWAAP HERDERT JARROD SCI\APPELL ~/ GRSGROY GElD ) ( naB""'''''' r....!"IV l.--- TN1 MELI JO~ ~IOl'l!:LLI JOHN RYAN .'-' -,....""---.,, 06/10/1997. 02:,~a.. 8.1~-495-%58, MIKE ZERBV ~~remisss and allot the property in and sraund the leasld pr~ls. .en&At agreu to pay for any dAlll&ge cauaed by t&l1lUlt te.nant'. tarnllY and te.nant'. guests. T~t a~rsea to turn over P08~ft..ion of th leased premiles to landlord whln the leaae ends, 1 1S. LANDLOkD'S RIORT to KNTXR LXAS~ P~ISE5 PAGE 16 Ten~t agrees that landlord and landlord's rspresentatives have the right to anter the leased premiaea at r.s.on~l. times Lsndlord and landlord's representatives have the right to inopect to make repairs to do maintenance, and to show the leased premiaes t~ others, . 16, UTILITY SERVICES Landlord and tenant agree to pay the charges for utilities and services cupplied to the leased premises as follows, Charop- or Gervl~~' Television cable Electric to premiseo wac.er service Natural Gas Refuse collection Lawn maintenAnce Snow and leaf removal Sewer c:hargas Parking fee Pest Control charges Landlord hee the right to turn service to the leased premises ma.intRnance. Paic1 hv. Tenant 'reDDat Tenant T""an t TUlaot Ten"" t TaD.a..nt Tan"" t Tan ant To.nant off temporarily any utility or other in order to make repairs or do 17. OOVEIUIMEIlTAL PO!mR 01' IDlIN1tllT DOIlAIN Eminent domain is the lagsl name for the right of a government such aa the state or county or city to take private property for public use, ThR government must pay fair compenaation to anyone who has any right in the property that ia taken by the government, If all or sny part of thc leased premises (or the building within which the leased premises is located) is takan by eminent domain, this lease will end automatically, Landlord and tenant agree to relea,e each other from any responsibility becaUB. leased premiaes is taken by eminent domain and the laase haa ended. 18. VIOLATIONS OF THIS LlASB ' IfIl!:N iITIl!:R LANDLORD OR 'I1!:lI>.N'l' DOtS NOr DO SQ)lETIIINIO THAT TIIXY IlAl/I: ~ AGIlIlID TO DO. IT IS A VIOt.ATION or TlUS LV:SI!. IF T1:N>.N'l' VIOLATES THU LEASE, LANDLORD CAN SO! TlD!AIfr POll l!:XPOISES AND IlAY SUB TO EVICT TEIIAllT, EACH TOIl\ll'T SHOULD NOT S IGD TlIIS LEASE UJlLESS EACH TENANT lIAS Rv.D AND CL~LY UNDERSTANDS THE IN10RHATION IN TDIS SECTION ~OOT LEASE VIOLhTIONS. .... THIS IS A JOINT AND SEVl'll.A.L LEASE TDIS IS A JOIN1' AND BEVllAAL LEASE. TlUB KIlANB THAT ALL T!I.E TENANTS AS A CROUP AND EACll OP TIDl TIl:IlAllTS AS All INDIVIDUAL AA2 REsPONSIBLE TO LANDLORD FOR ALL or TBS AO~!:HINTS or THIS LEASE, FOil IlXAWPLE. Ir THE RDl'I' IS NOT PAID. LANDr.ollD CAll SUE ALL or TIlll TlD!ANTS (JoXl/TLYI rOil AllY UNPAID R~, OR, LANDLORD CAll BRING A SUIT AGAINST ANY O~ TENl\ll'T SEPARATELY Is~LY) rOR ~L OP TDE UNPAID IlENT, " TENANT VIO!.ATES TDXS LUBE IF TEllAllT, " J I 11 2 ) PAILS TO PAY J%KT OR OTHER CHAROES TO ~~LORD ON TIKr OR, L!.1.V'ES (A.Il)J{DClIISI TIlll LllASlD P1Ul!ISES lIITIlOllT TO LANDLORD'S P~ISSIOK DRrollZ TO EKD or TEX LEASE Oil, DOES NOT LKAVK TRZ LtASID P1Ul!ISES At TIlll IKD or TIlll LEASE Oil, DOES NOT DO ALL or T9 rRIllOS nuT TIl(1.)I'T AOkUD '1'0 DO III TIllS LEASE. A->Lj J) 41 06/IO/ISS7 02:10 814-4S5-S658 , MIKE ZERBY PAGE 17 'MaY~23-97 02:19P Weichert Chadds Ford If TmfAN'I VIOLAnS TU UASI, DCIl TEIWl'1' AQIlll"~ '!V ~^..~lO"u:;.~~ R.3J_~_, ftXlI IaLU(S 'I'X.!.'t TIlIl LAlIDr.caD XlY Ut.l A COKPLAUIT IN COOJ.T ABlIJIO '01 l)I " -oaDD. XVlctDlO DCIl nDJft' nOlI 'nIII LD.lJlCl I1JJ1(I1IS lIITllOllT QIVIJIG U.c:II ~ NMICI TO'QU1'1' 'nll'l', LMPLQaD 1>018 .ar U.VS TIll 1l10l1'1' TO 'rD0lI ':l"D1.ltT 011T or '1'1IX LIlASIIl I1UXI als 'PIU - nLP xv I C'rIOlIl, m LAllDLOlIl CAJl ONLY II'VIC'T =1.lI'I' IlY COUllT ACTIOl'l. TBll LANDloORD DOllS 1I0r HAVll 'IIlIl UQIIT TO :roll IN COUl\T FOR EVICTION UlILII/S A TENANT lIAS V lOUTED THI AaUDlKln'S III TIIII/ LUI/ g , i:VlDI Tl\Ollcnl UeB TJDWl'I' II/ lIAIVINa NO'tICIl TO QUIT, XACIl 'rIW.NT KlloL lIAW A ClUNCB IN COU1l.T TO CIlALI.IIlGIl '1'llll LANDLORD'S CUIlI rOR EVICTION, P.15 If TIlHAN'T VIOUTES 'IllI lJlASI ACll1XD[I:ll'I', 'I'IIE LANDLORD l!.\Y ~on EACll TIDt1.lfl' IN COUll.T. 1) 2) 3 ) TO COLlollCT OVDIlIll 1UDlT, LAn CJlAll,OIlI/ 1J!Il 1I0NlN DAllAOBS CAUSIID BY TE1I1.lI'I" 8 VIOloAT:tOll 01' TJIX AQJZIl)IZllTS XlI nm LIlASll. TO RECOVllR POISKSSION 01' THI LBASID I1RXMISBS (EVICTION) TO COLlollC'l' rOil UNl'1.ID IUOlT tllITllo '11lll B:IlD 01' '11lll LIlASB Oil tllITIlo ANOrHEll I'KRSON T~S POEI/IlIlI/IOIl OF 'rUE LllASED 1'~ISIlS AI/ A NEW TE1IAN't . TODBnt agrees that l&ndlord may receive reasonable attorneys tees a9 part of a court judgement in a lawsuit against tenant tor violation ot the agreements of the lease. 19 ' OTlIER ;'GREDlEII"IS 81iTWJ:101 LANDLO;l!J .\:10 TOIANT Landlord and t~t agree that the tollowing additional agreements are pare of this lease agrocment. 11 CHECK- III AND CHllCK.OUT PROClrotJRES 21 RU~ES ~~ IlBQULATIONS 3) COM:oMllCATION AGRBIlMKNT IlY 5 IaNIHG TII I S LV,SIi AClIlEDIlNT. DeB '1'ZllANT AGUES 'IRA T TlII: TEIl1.NT lIAS RJ:AD AND UNDER ST AllD S ALL or TIlll AOI1JlDXKT 1/ IS 'l'llI S L&AB IL .~~ THOMAS S, MITROS ;'GBNT FOR THE IJ.NDLORD RE/HAX HOMEFINDERS lIS g, XIIlG ETREET IIHI~PENS9URG I'A 17257 SIGNED BY LANDLORD, 0; TII, 'J /, /; {, F r SIGIlED 9Y TENANTS, o OATS, DATB. ~ HQWARD H1J~ DATE: 3IL DATB: ~e J ROD 9tIlAP /' ' I. "". T co. , ,;;:1.1 DATE, .X' OATS, 5 r D"TE, 11- D"TE: ~ %.,C ~E DATE, ;4- P,BDER C OhTB, Ob ,6'"",,", D"T8: .1/5- ;.!)NoI PM.HERIO om, 31 S J!1 C:;?' D"TB: .~ ',' I K DATE:*' OATE: '; BJ, DATE::!L t~ DATB: ;/'1 .; FIORBLLI DATB: e6/1e/1997 e2:1e 814-495-9658 , MIKE ZERBV PAGE 18 , P.16 ~~yJ23-97 02:20P Woicha~t Chadds Fo~d "A~-=.-~T 'A~ 18188 ~E"AK HO"!~IHD!~' 1 610 558 0317 TI71:112.1.. "..2 , SumMa!! ef'Rtpt!r.-Taut 1h~.JflI 16 Mlddlf SprilI: Anue, SlIp,cmb,,1Io PA 17257 Ltue: Mareb 1,1"6. Me)' 31.1'" , ' , , , I JlELmQY~HT UTn.iT'tI.S I REPAIRS '.. , IlttrUrllllterlar noon 11 Ie wikJct LoductI, lnlcricr Doat Ill:lnfotm Door OOlUlil'l.lllc ItIrd""" 6 KlI'ibot Lodsou. Extenol Rtplaced 12 !DlcrlOf Doon WIIulow, WaI1JICdlblp PIeorbtI ; r&lllUaC; , . , Wain all4 Snler U.plld T~ lip D~ l'looriel P~""""le'lI Carpec Mmrial " Labar mwslCUlllTy- I 1lrc ~w..., ("""..........1) nmmll(Si , , , !1li.w.oC : . t DOCUMtNTATIOl'i ; , . 0.. .d~lft..ttao 14& ..IIL..o.pC$ , ;, ~l4013IS1'J6 , 1'~~1.lpC2VlIlCII I'batOJ!1lll111 1m llt.llll\l(> , t.Lt{"H1CA'L : , " ~Ui.~ , . " Ilcpair LcW Ow Ck>UUS Toiku ~ ~1B<<mm TciId ~ToildJI~ ExhIna F_I~I.ikl)i'&d>t P~I.,JS...~aIbs , 1Iw&h..w, ~ -~ , ' CLi.AhlliG , . I G.acral i:inniol a TtulI ~al '. LoW, :>.,:..""i,'ll 0w,i.rT... vv I _ _ I I.IW.r~ ren r-1c.oi!;{r~iJS"'~i :-~<OOl c.....-up .S I,m 046 m.30 16.9' 919,73 '49,'9 2,000,00' 600,00' to,H,9,~' jOO,OO' ',4'0.00 1,m"" 160,71 ~,OO 2,2,00 151," 18'1,17 '0.00 1,071,51 53.52 lib,~ i,m,u 42UO 1,970,8. · I,W.iS 1 H.;'; ~cc_oo TOTAL TENANT DAMAGES: ! ' · hl1 vi luau I~TOIce , ~-~,qqn In:l~ S 33,''',07 o N181/ b 71 ~439J 93'< P,e:! >- ~ '), 'r; (.~ '.. " ." .' ~~) ~ :.i.,. -:; ~) i-': .1-(,' ~ J~ -- l.il" '4- .,:;..... 0,', oJ,,:! fcJ' N "OJ u:: 1;..:: {!tl ~ . T. /. L.., "UJ i' ~ ..')L.l.. (', ,... j 0 <r> U ~ ..: CIl - ... !'" - 00 <<l :> 00 '" ;; !:: 00 :> '" 'It '" '" I t - , a=:; :> - - ..: I ... ;;: - OIl ... ;,; '" '" ... '" t;: ... - ..: i: ... - ,.'" z ~ - ... ... '" - - .,. :.J:r. :: - ~ ~ ... ..... .,. - ." ~M .,. ... or. ;,; - - ;; Q:: . , . , 8, Admittcd 9, Admitted, 10, Admitted 11. Admitted. 12, Admittcd, 13. Admittcd, 14. Admittcd, 15, Admitted, 16, Admittcd, 17, Admittcd, 18. Admitted. 19. Admittcd, 20, Admittcd, 21. Admittcd. 22, Admittcd, 23. Dcnicd; At no timc wcrc thc Dcfcndants tenants pursuant to a lease at 26 Middle Spring Avcnuc prior to March I, 1996, 24, It is admittcd that thc Dcfcndants cntered into a lease commencing March I, 1996, 25, Admittcd. 26, Admittcd, 27. Admittcd, 28, Admittcd. 29, Admittcd, 30. As Paragraph 28 of thc Lcase Agrecmcnt has not bcen providcd with thc copy ofthc Complaint, the Dcfcndants arc without knowledgc or information sufficient to form a bclicf as to the truth of this avcrmcnt. COUNT I - BREACH OF LEASE 3 I. Thc answcrs of Paragraphs I through 30, inclusivc, are incorporated hcrein and refcrcnccd thcreto. 32, Aftcr rcasonablc invcstigation, Defcndants arc without knowlcdgc or information sufiicicnt to form a bclicf of this avcrmcnt and spccific proof is dcmandcd at trial. 33, Aftcr rcasonable invcstigation, Dcfcndants arc without knowlcdge or information sufficicnt to form a belief as to thc truth of this avcrmcnt and spccific proof is dcmandcd at trial. 34, Dcnicd; The Dcfcndants did not causc substantial damage beyond normal wcar and tcar during thcir posscssion ofthc prcmiscs nor was substantial debris lell behind upon thcir vacating the abovc prcmiscs. 35. Dcnicd; Thc Dcfcndants did not causc damage to the properly requiring substantial rcpairs nor did thcy lcavc cxccssivc dcbris behind aller their depllrture Furthcrmore. as an itcmizcd list of costs of rcpairs has not been provided, they are without knowlcdgc or information sufficient to fornl a belief as to the Plaintill's expenses COlINT II - INTENTION DESTRUCTION OF PROPERTY 36, Thc Answcrs of Paragraphs 1 through 35 inclusive are incorporated herein and rcfcrenccd thercto, 37, After a rcasonablc invcstigation, Dcfcndants are without knowledge or information sufficicnt to form a bclicf as to thc truth of this avermcnt and spccific proof is dcmandcd at trial. 38. Dcnicd; Thc Dcfcndants are unawarc of any mccting bctwccn thcmsclvcs and thc Plaintifl'and/or thcir agcnts conccrning thc forcgoing information, 39, Dcnicd; Thc Dcfcndants werc not confrontcd by thc Plaintiff's represcntatives conccrning rumors, nor wcre thcy given noticc of pcnding liability as thc above meeting did not takc place, 40, Dcnicd; Thc Dcfcndants wcrc not adviscd by thc Plaintiffs concerning Shippcnsburg Univcrsity and local police dcpartmcnt actions bccausc thc above-mentioncd mccting did not takc placc within thc Dcfcndants' knowlcdge, 41. Thc Dcfendants spccifically dcny thc abovc confcrencc and warnings took place; howcvcr, admit that no acts of dcstruction had bccn rcported, 42, Dcnicd Thc Plaintiff found thc vacatcd prcmiscs ncither substantially or dclibcratcly dcstroycd as thc Dcfcndants had rclinquished the propcrty in substantially thc samc condition as thcy had acquircd it. 43. Admitted. 44. Dcnicd; Dcfcndants did not conspirc to damage thc property in any fashion. VERWICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF IS PA.C.S, SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~-/~, 'j 1 ~d. ~// J OD S, HAP~ Fli'd :'1 . \ ~~ " 'i '~'.",'-~,~:~n~T: !i'it~\ j '1,1.:, ~ ~ :: {. , '~~ /2.nr " . .,'1' -, .' 'I , .. : ~,: : -,'- ,.. ~.. ',' . ~ " " .------.--. -- .'>, t::-::E;iWi.fl~iP~~tt , '_ ,(Jll""~:~~f-l/,..:, .. ,;;~;;~~r~flj " . .. 01<:, ....::~.rl~ '1.:';41'-4' '.0-: .;" ;;~~; \....r,.'j~~'lj , " I L.I l.:}-"l"'...; . ",' 1 '. !It: .) ~"l '/'I'H ~ _ ': ~~!__.f"~-,",,lf:' , ".' {,:':~t':'llft~ -, . ~. ~ ::t'lli'~".ti ( , ., ,..\ ~,.):t ~'o.....- .~ ..,. :.;'1.,. ~t" 'l '..' .""t.1. . " ~ ' .~", ~ ..\.,.f ,_,J.. f ;/.: " "lol'. l""/-,, ".{rr", ..._':::~';:~" ~l~,-;'\~~.~~~.; " J" T':';' :\i':<,1t~f):..Y-;:~~~'t~ .:~ ~}:::~!2t:J nJ;tf~{~ll , ., ...ll"'~''''''w''~ .;;.; :';.--....-;; ~-) t7>:1'.1::.'~;lit"L ,-.- ., " .~.. ~~ ....J...>.....~ ;-_--~~~.~.~+.i~{f~?~.~:t~~:i ~.:~~:.,:..!:,!;j.~iif1~r~fl .~' ", :-.,_~-,'- ~7 ", "\'1' p~~...~J}f '" ,;, , " " ,.,,', ", ..'" ,'" \'--; r, "".\',' ,r ~ -:-:-..'. ,";';""":': ,.- , " ,.,- " ,..~,(:.'.!~, I.~'_I- . .. \J ,1 "\"" ,.:'," ;", ::.; . t.:.:,~~::-;' " .."~.:.:,< 'I.t 1":""',.'-" :',~,,: 'I L T ;""[.: j. Ii -=-::'4 -. ":' " .; ~ "', . - ~"'lC'~I""" '., '''I'' ~(~;;-:i::~ i:';<:-~:r~' .;::<:~ ~{.l' " ",- \ ..r : ~~ II' " 1 0.."..; u.;r ~:--~ II J .~. ~,' '.\1 ~,~.,. :". ." t " "~'1"'hlli":-":" ' ;:",;".,' I',. w\:f':"'n :.,-~:~:,t r;- '. .'11, . ~0';b",~,1':" ;:",l:', 11~' 7~:~1t..~ j~~'{~:L~~:('~:"J r - r~I:l..;;.,.J1'1~Jl-~" "<'~lj.. :-. 'f' '>'--". _ ~ I - -. ~ '. ~1:".'\1:::' ~i'-~,l_ .,? ;Il';.~ ~.i:~:p Ilo~,~>::-:;'j il:: " ~~>;.:f~Ulr::~;::./..~ ~.\,',~>~ :' :~~r:l~'" ~,.' "r:-~-."'Y"'; ~" ~: '-l;"...;J1!t ,I~.,~. ..~~. y ..' T"" i1f.ti'\"~;.. 1" ,,:-"'-;:" : l~ ,\ 'I i H~/.~'"","": I:r. """,i: . .. ',.. : I" " ..,,!~--;_\~J, ~U,.;..:. "w__ _..~.., ~'. . ~~~~~ftI~~~'~i~nII;'.0.':,:;1;~:'" ~~...'f':l'~>- .,~< ""1'-"~'-'("''''- ., '., -l "" I?i.~~~~~~)~;f,!)~'};j';.}'!;;.. ~f~:'t':,~,_~,~_.- ,~, ""':, .....:: ":~'_ -" . _' .: "x: c.. ., ~.- -' ...-,'. ).1~~"1:~"1't"'~'~' "~:..,:.. , ~~~~~EF~:/ :t;::.:;:~ ,\,~:: f'.;a;","v;, ,,-',," ,,' ,.,' ~.~,_".,"t "'. 'i"....... '(' '. ~~. ~,' .. " '. ":, -.' ':1- '"J " '~ \ " . ..'" ";';' ,(', ., ;'. " ~ . " -. . . ~ ...'...- . ',:!.. , " ,.--., '.l ., "\,,i; ;'. ;'1:': t " ..' ., ' , L'!"f:I""-' ~... ~; ~ ~ ... '-~: --. - ~ .. - '. ~ . ~ . - . t ~~~_"'l""""" -- -.-"~ 8. Admittcd 9. Admittcd, 10, Admitted 11. Admittcd, 12, Admittcd. 13, Admitted, 14. Admittcd. 15, Admittcd. 16, Admitted, 17, Admittcd. 18, Admitted. 19. Admittcd, 20, Admitted, 21. Admittcd. 22. Admitted, 23, Dcnicd; At no timc wcre thc Defcndants tenants pursuant to a leasc at 26 Middle Spring Avcnue prior to March 1, 1996, 24. It is admitted that thc Dcfcndants entcrcd into a leasc commencing March 1, 1996. 25. Admittcd 26. Admittcd, 27. Admitted, 28, Admitted. 29, Admittcd, 30. As Paragraph 28 of thc Leasc Agreemcnt has not bcen providcd with the copy ofthc Complaint, the Dcfendants arc without knowlcdge or information sufficient to form a bclicf as to thc truth of this avcrmcnt. COUNT I - BREACH OF LEASE 31, Thc answcrs of Paragraphs I through 30, inclusive, are incorporated hcrein and referenccd thcreto, 32, Aftcr rcasonablc invcstigation, [)efcndants arc without knowlcdge or information sufficicnt to form a bclicf of this avcrment and spccific proof is dcmandcd at trial. 33. After rcasonablc invcstigation, Dcfcndants arc without knowledgc or information sufficicntto form a bclicf as to thc truth of this avermcnt and spccific proof is demandcd at trial. 34, Denicd; Thc Dcfcndants did not cause substantial damagc beyond normal wcar and tcar during thcir posscssion ofthc prcmises nor was substantial dcbris left bchind upon their vacating thc abovc prcmiscs, 35, Dcnicd; Thc Dcfcndants did not causc damagc to thc property rcquiring substantial rcpairs nor did they lcavc cxccssivc debris bchind aftcr their dcparture, Furthermorc, as an itcmizcd list of costs of rcpairs has not bcen providcd, thcy are without knowlcdgc or information sutlicicnlto form a bclicfas to thc Plaintiff's expenses, COUNT" - INTENTION DESTRUCTION OF PROPERTY 36, Thc Answcrs of Paragraphs I through 35 inclusivc arc incorporatcd hcrein and rcferenccd thcrcto, 37, Aftcr a rcasonablc investigation, Dcfcndants are without knowlcdgc or infonnation sufficicnt to form a bclief as to thc truth of this avcrmcnt and spccific proof is dcmanded at trial. 38. Dcnicd; Thc Dcfcndants arc unawarc of any mccting bctwccn thcmselves and thc PlaintitT and/or thcir agcnts conccrning the forcgoing information, 39. Dcnicd; The Dcfcndants wcrc not confrontcd by the Plaintiff's rcprescntativcs conccming rumors, nor wcre thcy givcn notice of pcnding liability as thc above mccting did nottakc placc. 40, Dcnicd; Thc Defcndants were not adviscd by thc Plaintiffs conccrning Shippcnsburg Univcrsity and local policc dcpartmcnt actions bccausc thc abovc-mcntioncd meeting did nottakc placc within thc Defcndants' knowlcdgc, 41. Thc Dcfcndants spccifically dcny thc abovc confcrcncc and warnings took placc; howcver, admit that no acts of dcstruction had bccn rcported, 42, Dcnicd Thc PlaintitT found thc vacatcd prcmiscs ncithcr substantially or dclibcrately dcstroyed as thc Dcfcndants had relinquishcd thc propcrty in substantially the same condition as thcy had acquircd it. 43 Admittcd. 44. Dcnicd; Dcfcndants did not conspirc to damagc thc propcrty in any fashion, VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PAC.S, SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 6;/~ /9/ -...---- .-,,':...-,., -'. , .,' ,.,.".'::,.~',-.,~:"'..).':;',',~' .,00. .' . : . '. '.,.... ,...,_'; .-', -' , " ' " . " , ,-. '. .,' ,,:, .:, i..:';:'::;L ~c; \"-' , ',: . .-,- , , '. .r i ," ',> " '!l :;:, It..--" ~ l~~ ~ _ ~IZ,:,:t::, .',:":';,<: ' I.L",~, ;, ~-~;::,:t~~;'~~~~ ,::.;;~~:!,:-~.;; ~::'~ .'- la, ~~'yr; ,~t c: :~:::;:',:" . ''':';';i~ l~ > .' ': :, t"'~....1 ,~ " ...., , ~if~/:':\,~";~:::,. "'.--{' ~ ~.),,_, ...1__ '<,. . )-:.. '-,' c- ;,-,.' '.'" ',"'" '. ..1 " , . ,:,,_ ' t~.. ~ I ~- ;:,~,;,: .", : I'" -: ':~~~ ...:\:~~,:;~.'.~~~{&~'ii~~ ....;~:;J,ffi~t~~~1 _l:';"'~' . _," ;.' ,"..i'-t:Jet...t ,1 ,.oj" -" :1' .., '. ':' ~:\..", " ...., [ I 1 , r ',f' ',.;: ~ -, f '" '" ,~. ." .'~-- , :- ~.'_. ,'-"', 'W""~I""--- ,..,,,,,.:-, ",-. .~t~;~~~~ ~.;:O_.'.~ ~: .I:~-;::i ~~.,~", , ,...."'..'llr" ',I i~1 i~J,~:~;;,ii [ J""."C.,' I",~,.,.".,.. ""11, . /,.,(.,-- 0,;.... ." ,-' r I """"""""0" . ;"'1 '",'." I'"'''' ." toO , ; J '." ,'., ,.~ ...... ,.' .... ", , , ';i.':>i~';~:J. ~;';. (- -(~,-,!'''--_. ;i:. ; ;:.: '^,',,-' 'I' ..,..," .1, , ;-:!:/'::f.i I~~::-~ ::~_';t;.-;"."~' _, r t:: r.. .1."..~..^., .....:d !..-:.'....~' ~:.f" ',' . ..,d~d.'\'II'"<.~:,.,''"',..., 'I.... .... -------- )"~~'i~;w!l~ . H, . ~. ..... ' I ,,- ~ '. '" ,* ., ,{ , - - ..... .~ ... :': ,. 4.t;:\... " l",\ ;,.....;~~(' "-I. !l..... ..'~ .;....:~':' it.- ;';'.~:.L~~ . :'.' ;, I' ~.~ ,::".... '}_,'l !' ,r.', .<'~ J'" '4' .. t 1.(" ~~ ".';-'" ," 1~--:'JJl'~-~-1\:'Y .... {.of 'r'<; 'rJ'. ,,17:". ; ,. - ,,:,':-~'::~~JC11 -... _ - I .' ,.'t.J~1:' (, ,...:~L~?Hjfi~~~1j . " "'-,;'r,-. ii,. . ~..." !''l,.:j.':,.~t. '-. - -, ,__ ,,- 'H"'...l':' j ,.'. ... " t ~\:-i',.,;: ?F. . .: '.' .,." ". :'-4._':~:1~ '-}'P;.;~.\,!,I ~,jt'if,i:~:.P', .!. '.. ~J;~j~~1g{ill~~~ .;'::~;: ;~'::~"i1.'.4~~~~~~~~ ~~t t,:-~ ; f~:" ...~ :~'"0i~t::~L~P.\:T'~ . . :-. ^; >.-' "'.';:iI .,";: ~'1;n,..;'5;,;.~~11~ -.... ., <;. ~ t!:,...:; ~"<O-_11 .0$.).,,..... '::i'.~l ; ~. <;~~. :.\ ~;.;..~~l;.l.....:-J'-f~~ . \F;~;~':;;~~;j~l~~i"i~ ..... ". ,,~,c-.",. .,.~lt. 'f".,;' ".' . ' , .: ~' - ,', ~ " ~ " -," '~"'";'':''''~''' ..,:.-..;..... ~Jf~~t~i~~t\: l'\.u.~~,,~.;,~.~ "''''~~ ,y~.:-. v-;o - , ""-.\it?t~U-.~l"" -~~~.. 'l"'" b~Ji".s,~r.xp.~, ~, _':I.... ~~ . ^J ~ " ~ Jj;:-"':w~;n;..:;:..'f.:.._ ~'i!'l,~';'~' ".: .:,' f.....";H~=I1-"...-, , .-, ~if;i1~.~~;~:;'.i:.~:ii(~~:.',~!;t'~ . .~~, .- ..' -.a..i,;L ':Jt ,-,' . - .i:,::r~:!\ ~"';E- -' ",.,...,. . .....,..."'. - -.-'----.. . .'.- 'Yl , '.', , " _' .........._.::....__~_ ....~.:- ,~...~ b._<~..t~ ~ -.. , . . . r. _l._~-_..--_.......-.--.._.-- - , 8. Admitted 9, Admittcd. 10. Admitted II. Admitted, 12, Admitted, 13, Admitted. 14. Admittcd, 15. Admittcd, 16. Admittcd. 17. Admittcd. 18. Admittcd. 19, Admitted, 20, Admittcd, 21. Admitted. 22, Admittcd, 23. Dcnied; At no time were the Defendants tenants pursuant to a lease at 26 Middle Spring Avenue prior to March 1,1996, 24, It is admined that thc Dcfcndants entcred into a leasc commencing March I, 1996. 25, Admitted, 26, Admitted. 27, Admitted. .. 28. Admitted, 29. Admittcd, 30. As Paragraph 28 of thc Lcase Agrcemcnt has not bccn providcd with the copy ofthc Complaint, thc Dcfendants arc without knowlcdge or information sufficient to form a belicf as to thc truth of this avcrmcnt. COUNT I - BREACH OF LEASE 31. The answers of Paragraphs I through 30, inclusivc, are incorporatcd herein and rcfcrcnced thcrcto, 32, Aftcr rcasonablc invcstigation, Dcfcndants are without knowledge or information sufficicnt to form a belicf of this avcrmcnt and spccific proof is demanded at trial. 33. After rcasonablc invcstigation, Dcfcndants arc without knowledge or information sufficient to form a bclief as to the truth of this avcrment and specific proof is dcmandcd at trial. 34, Denicd; The Dcfcndants did not causc substantial damage beyond normal wcar and tear during thcir posscssion ofthc premises nor was substantial dcbris left behind upon thcir vacating thc abovc premiscs, 35, Dcnicd; Thc Dcfcndants did not causc damage to thc property requiring substantial rcpairs nor did they lcave cxccssivc debris bchind after their departure, Furthermorc, as an itcmizcd list of costs of repairs has not bccn providcd, they are without knowlcdgc or information sufficicnt to form a bclicfas to thc Plaintiff's expenses. COUNT" - INTENTION DESTRUCTION OF PROPERTY 36. The Answers of Paragraphs I through 35 inclusive are incorporated hcrein and rcferenccd thcreto, 37, Aftcr a rcasonablc invcstigation, Defendants are without knowledgc or information sufficicnt to form a bclicf as to thc truth of this avcrmcnt and spccific proof is demandcd at trial. 38. Dcnicd; Thc Dcfendants arc unaware of any mceting bctwccn thcmsclves and thc P1aintiIT and/or thcir agcnts concerning thc forcgoing information. 39, Dcnicd; Thc Dcfendants wcrc not confrontcd by thc Plaintiff's reprcscntatives conccrning rumors, nor wcrc thcy givcn noticc of pending liability as thc abovc meeting did not take placc, 40, Denicd; Thc Dcfendants wcrc not adviscd by thc Plaintiffs concernIng Shippensburg Univcrsity and local police dcpartment actions bccausc thc above-mcntioned mccting did not takc placc within thc Dcfcndants' knowlcdge. 41, Thc Dcfendants spccifically dcny thc above confcrcncc and warnings took placc; howcvcr, admit that no acts of dcstruction had bcen rcported, 42. Denicd. Thc Plaintiff found thc vacatcd premises ncither substantially or delibcrately destroycd as thc Dcfendants had rclinquished thc propcrty in substantially the samc condition as thcy had acquired it. 43, Admittcd, 44, Dcnied; Dcfendants did not conspirc to damage thc property in any fashion, ">- VI '- (":: _I (, .0 I I' " c-: ( L' , ; L- , ""' r: , ,".:) u ( '. Li...l " i " -") ,- LJ. r- } U cr> U ."':'~..& '... ,:. ~r...J: .. I. ,...,!....~'1,_ , l:r'T~,.~ T\j ..~.....~i"'~.::.-/i . ...' I ....--. _~ ...., ~m.;,L-;.l,~.Wt~ . " .,\- ,f.' :'t!.. 't,., . ~LIiW;1;\;jo... '. . - .,.,,~~'.:. lIt .., F.", .......;l ~ ~...; 'A. ,-I ,,11'; .vi.ll} 1., -~~, 1>r.fJ;'1fi~ ','~ '. :,~ ';;:~-'I':"~'I " ~ '~J:~i.._~, . '-,....., ~ .?it!;.. ,..- '-' ~~ .' . ~. ''; ..{ ., ". _~ ~f,l""'l":'~ ;..;: /;.l.,~!:"~:" ~;" ~t7.!_~I;'~;';f;~,;.~i~: '.j "." . (1"'-" ~"'Tf'" U~l~l"'.:n7ilfi t. , "'. ,f! .'. ,.-...t<'.r"=f~!i:~l' 'Il",~ "~ . , ' .r~ . , ~ , t', ;>.,;'4 ... ''''( ~...t, , ". ". '" '. ~ -t:'~4....I' h'-1-..;r .f '. ';""... ! '.. )..; '. .-t~_\ 'l'7-~~".=-';t1!!:~'.K";"f~l'<;' ". .',?,:i.:~::;::: ~~~;}t::\!~;~{:l#~:~ !> , ," f,.,.....' "1-.1 ',,' )J;."I1.~ .'f 'l\~t. ';:..".....-;' ~;~; , \'!i~,..:"" ~\I'::::~t.~;t ....~ -~-. .,.... 'J' ,'t.' !1 .......:;C'iIII .,' . 'l,:>'.l/:"\"'~'T"'I'I'::'-';"'1.h.-t'hS'1 T' ~ - ~,~ k',;':/,~~:':,:~-;-:~"~'~::;JJ{!~~:'''''~ - '~{l......~. . . '.~J.,.. ~:..,.:.*&"ti.I,~t,'"~I!~l I' , I " ',. .. t, - ....j . j'~ 11;1.". "';Jil ~I' -<'.' ::".~'~ ','~;:,l..::.- ~l..~ l' f.;)'" . : -.\ <.... <"'-",.':';:'1 'i.,~'1!..'~r";}f" f. \r-'-1.' ' ~:.{' .;/,-;...(., ''';,f;.~.::.''t ,r..r.,",t~:~;'I~ ~.., I 1.'1. .......h,~ ~r:;4..~L..\,t.,;;,fV~ '.' :~,~.-<::# ,~.~.~.:.~~~i~[~-;s:;~:-~{~~*;~~\a~i~ ~.., -, .... "'" ", t ....I ,,' ,I", ':"';";'..n "{2~ :, :;~;~:':;,,{ir\:Jii~~:i;l~~'t~:1t~ p,' I ~1'-'~1--~""'\l"':\."';I, 'r~t) ." ~~.. :,:1, I .~ -l:jf~,:';.~:.:i: ;qi!Fi ''-',' ._d.., "..t';M:tt,~,~ .,!"li.)V .~~~;;";l;~~f~~rl ". .~, ',..,' ..,.. .'-,- r '-i'" i"-"'-'~ ii,s~' :,~;;~~t1;~!1%~i1, I ""'''''l' t". .;;." ''1'' -_ r /:;\:Fh ~ :<.:~;>I1f~ ):q~~Ji ~~ '__ "~'""-'..."';-'_~I'~~',,J.,,!., l~';;e .J .f~ " ; 1.;'~~~' ,-:_:,;:;!.,t(.;l.-En ~) ":>;-111 .._,,-:,-, ;::;;~~..~ .~.. 'J~?1':'~~~ ~~~.~~-'~ , . , ~ ! (j'-'t:i " 1, ",~.' .,; . .....T\~., ",:; ,._ r~!~ir~": j~wxt;.?~);:;;: . ",.j"".,. '. ',":, ~~~llliW~J1rjJ&;(~!:':, '. !1'''' ','" '!::."""j"i'" ....'. ~F;bli~;:;{~:-:~i,;r3~~~~~~':~:~,., '. ,- ~ : . !o!Z~t'",:;~'~I')\;'}-,l.;~~:'('..~J::":~J~' < '" t.~~~:,.f'~'I~.'!...lt~l.l.;~""1 ~ ,'- ~\~~J'-...t!~-t.:.~....n::..:.. ...:.:...~. .::' ..}~.~r~?~~~;;~~~;{-':.;.;.~;~:::;;; .;'} :.~;'j , l't..:~'ll,....(~\j',.- \,.r,/'j',"-- '. >~~~ . ',~ &~g~t~;~~f~/~S~\;i~::L~.~'::~. "::: .' ~1ft~i.~::~.r\::i.t:.,.-!,~ ~:',,,"l~ ~ '" '11 "',' I.,';.'~"r<'''~~..~ 1..~~~'::"L ~-''':':\'' I l' vt~!'-f""-- ..._..~r,,",,~_ .I;'_~L_:_~ '~-'0':j~;;:';" ""~_"-'I'7"-'~ ", .. ~....f"!'" ~ '. '.. :~,;. '. ~l., .-' . t,,: ' ~r''''''1~ ....:.\-.J It ..,.h)"1 '" .' ~r;.~ f:B I;t"::':.~~l';)"-" '~:II i;,{~:",'l Pr r_ 1 ;"-..- -.~.. ~ i ::';')"i~~J lV,;,:f. ;'.',r';'.:~:~"_: ',:". !t.*~f!l !j~~{ it,~;;~)j iI VI' " '"Fi;}.;"l fr_fJ ~ ,- , '. ~ I ., :-"~"_~F:\ ,. ..:\' '.~' , :.~I' ~ ,:..t. ._j-.....:~~ ~.. r.' L ,I;> . '. . ):~~~ 1~~~)X;~\I).- ;,~. -: ~t ~ " r'.,rl..",,_. '-' ,1-''''''' , . ,'~ ~ . 'I ' ....8i;~~t. f!' I.~~": ;" ~ ' ~1 i ::~.ljo;~~~l ~~;~1~" ,; : ;: '''1 ( ~1i''' ~'.- ..., ,-', " ~~tff1;-1 :::~:::~:;,:,;:'~~:".:~ _'. , ;'lltJ~!.',~ A+, ::'\ \.".,' ;"1 l' t. %?l~~~ ,~"i:~.,,~~:~~~ _ ,;;"I~. -_, ~~;~3.\"~ ~!.iG:~t:'<',:,~.,,; '-:'1'1 ~,~. ~;(i~~l' ~'"'''' :';,.:".,. I" :. ~..~;I~~;:~tT;~~\~}~~i;,~;'>~ i ~~;' ~J.,,),.,,'1, --'-' ~., ,....-. . ~ "-I t" ~~'~ii ~;~~(~<'::,X~~f~,'~!j! t): rfl:, ;.,-,. r "::'t" -J'~ '\,,1.. {il}l~~f{gY~f'!;~,. 1,~tr.-'~>:"f~~''''~Jl'' . "---,j '... ".. k::>'IP'~~~~. ...>~~:!'...': ~':>"', '-,'-- '~~Tf",";b_ 'R!. 1 l:"..{~.-' 'j< ,"'~..f:'1 <<.':~l ,....~j,:!...:., .....:-:'.. .. '". - ~.,~ ." ~'('t~~ ':::;::l,'~;:'..,. ........0 ,..,' r;~'t~:;'''-!i~\''''''''t''.' .... ~'.", ~ >.f>'i5f;;~tt{~~',.;:;,:,.:'''':-~: ,.' ~~~"l.-~~. -J.._.., ~. fif~f'"i":":~'!;}l~;: " ,-: .;' ;~~l"~"'-:~i~~i'''''''''~''"-! I :, " ~,f.{i~/;I1'h J:.. ,~.",...., . r'" _'. I. ~~,-:.LA,;F.;.:,:.{.... .1-' q~"", .., :. " ". ~'J"{"'~~"""Y,",",\.,,'l H."" ' .. '1i'v.i;H'-:".,:"''' -...;_ ';-,_ .\f?~"'F'1.1.~r;;'-'~'. -.::~. i~~~~;~/ ~:.~~~:::~ :::2',., ~ f - '~..' J' IIt.~f'''~''' '~.." '...~~. . ."" "~~ ...~ ':'; ~J;?:;'_'f:~f:;_~:'.;:' . ,,,,,,,,"'.1,.:1,, ~1i~jC: .. jl....- .. '. :d;~15'~':~' ' . , "I;' - ..,' " I:. . A.' .:.,' " " ,,, ..-. . ,.~:;(.'~~.< .. \ "~~~, .;'t.~ :,::"1~~ . ~~': -' ,-{ " ~ .' ',,'; ,'ci '~, ~~:~":' ,.J.:11 .j,!'>"l '.'f. :, ,__1 ':-:'. 'j~ ~"~~: f. '." -~,:~~{I;"' i"..'. ; '.~ .. '., " ,. ",,' 8, Admitted 9, Admittcd, 10. Admittcd 11. Admittcd, 12, Admitted 13. Admittcd. 14. Admittcd, J 5. Admittcd. 16, Admittcd, 17. Admittcd, 18. Admittcd. 19, Admitted. 20. Admittcd, 21. Admitted. 22. Admittcd, 23. Dcnied; At no timc werc thc Defcndants tenants pursuant to a lease at 26 Middle Spring Avcnue prior to March I, 1996, 24, It is admittcd that thc Defcndants entercd into a leasc commencing March I, 1996, 25. Admittcd, 26, Admittcd, 27. Admitted, 28, Admitted, 29. Admittcd, 30. As Paragraph 28 of thc Leasc Agrecmcnt has not becn providcd with thc copy of the Complaint, thc Dcfendants arc without knowledge or information sufficicnt to form a bclicf as to the truth of this avcrmcnt. COUNT 1- BREACH OF LEASE 31, The answcrs of Paragraphs I through 30, inclusive, arc incorporated herein and rcfcrenccd thercto, 32, Aftcr rcasonablc invcstigation, Defcndants are without knowledge or information sullicicnt to form a bclicf of this avcrmcnt and spccific proof is dcmanded at trial. 33, After rcasonablc invcstigation, Defcndants are without knowledge or information sufficicnt to form a bclief as to thc truth of this avcrment and specific proof is dcmandcd at trial. 34. Denicd; Thc Dcfcndants did not causc substantial damagc bcyond normal wcar and tcar during their posscssion of the prcmiscs nor was substantial debris left behind upon thcir vacating thc above prcmiscs, 35, Denied; Thc Defendants did not causc damagc to the property requiring substantial repairs nor did thcy Icavc cxccssivc dcbris bchind after their departurc, Furthcrmorc, as an itcmizcd list of costs of rcpairs has not bccn provided, they are without knowledgc or information suflicientto form a bclicf as to thc Plaintiff's expenses, COllNT " - INTENTION DESTRUCTION OF PROPERTY 36, Thc Answcrs of Paragraphs I through 35 inclusivc are incorporated herein and rcfcrenccd thcreto. 37, After a reasonablc invcstigation, Dcfendants are without knowledge or information sufficicnt to form a bclicf as to thc truth of this avermcnt and specific proof is dcmandcd at trial. 38. Dcnicd; Thc Dcfcndants arc unaware of any meeting bctwccn themselvcs and thc Plaintiff and/or thcir agcnts conccrning thc forcgoing information. 39. Dcnicd; Thc Defcndants were not confrontcd by thc Plaintiff's represcntativcs conccrning rumors, nor werc thcy givcn noticc of pcnding liability as the abovc mceting did not take placc, 40, Denicd; Thc Defcndants wcrc not adviscd by thc Plaintiffs concerning Shippcnsburg Univcrsity and local policc department actions becausc thc abovc-mentioncd meeting did not take placc within thc Dcfcndants' knowlcdgc, 41. Thc Dcfcndants spccifically dcny the abovc confcrcncc and warnings took placc; howcvcr, admit that no acts of dcstruction had bccn rcportcd, 42, Denicd, Thc Plaintifl' found thc vacated prcmiscs ncither substantially or dc1iberately destroycd as the Dcfendants had relinquishcd the propcrty in substantially the samc condition as thcy had acquircd it. 43. Admitted 44, Dcnicd; Dcfcndants did not conspirc to damage the propcrty in any fashion. 45, Aftcr reasonable invcstigation, Dcfcndants are without knowlcdge or information sufficicnt to form a belicf as to the truth of this avermcnt and specific proof is demanded at trial. Rcspcctfully submittcd, WHEREFORE, the Dcfcndant prays your Honorable Court to enter a judgmcnt for the Dcfendants and hold thcm frec and clear of all claims brought by the Plaintiff. By GRIFFIE & ASSOCIATES c:ti.--J! 0Jf Thomas S. Diehl, Esquire Supremc Court ID# 78942 Attorncy for Defcndants 200 North Hanovcr Strect Carlisle, PA 17013 (7 I 7) 243-5551 (800) 347-5552 VERI FICA TION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C,S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. . . f ~ DATE: (' -/. - I 1:/. ' /./ I /~''''' ',~ \ ),'.;..:v.. :~. MARTIN T. GREGORSKI -- '11 -, c:; , '-. to. r'~: t' t' ! ( , Ii- : u n T . '-:. (.. ( " IJ;J L:'; , ,- . ::j L', .... ,J L; u' U _,.,.:;......,.,'----~. '. ~W~_I,~~1i~_ -,.- - ~':"~~---,"""" ~':;,:c:;(l';J}~@j ,.....I.,.,,,,-,J.j.... 'j: ,'J. '" .,. _..: ,:..~:-_,:" ",; ._,::-,,~<.rll'f.t'J.} "-;1:( . .- '- j .,J ,,,-~~:! t~i~,-"",:\,,-,~ ""'~~~'1~~ t~ l{ h:;,,~:'; .}~ti~ . \ ,..;,,,,,.i'''p' ;~L\:;-.:;':\(-;~ f}~lt~IiI1 :';\;;O];j\~J~Jl~~ ~ . 'r !:l~';,; ~?7];~~~.~.:;~~~;tf~ 1/: ,:....' ;.........IJilfJ.'!t'f _ ~, .,. .,.. ", \ ."il. ..."'t~_ i.... ".~ _! -~:':~.~:;:~ ;~'.~~:!~-:r.&~~.!J, '~ . ~';'i.l-Hl-::':' ;J......~"11.'"J '_ f -~~ ~ +,''':~lh ct.;~r:.1 . . -,.;.,-;. .'~ ~.r... -....4'; }i f;:si&Jt~ffl . ~~. .:~\..;:...~ .~~.~( . .:~: ~:x~f~irt~F~~l~ ", '. . -'. \. : !~~.,~_.t~~:}t~~ " ::,:,:~J:~{:~f '). ",':: " '..:'" .....'. !::~:(~t;.:.; ".C' ,,' .."" I r,',."',,', .-' i~;:~>::;:';y' ,;\~, l."...r_i._";,'_, "",.}J"'.'f' 'h _",,_,_,{I, '0' " !~".....::-! ~....-:~~r,:, '>~',. <c. ,~" -jl '4'--r' .""" .{"r,,~"'l ! ,,'j, --.', . t,:;.~ -!~., ~ I l' :, I~ !~}~1~~~~~":: :.... ..... 'I''''''/l I, ...,....' : ".' :r;~;~~~ Il~,.: ,~I-::.'~. -':\ ~.-<" t"'\'~':..l''''''T~'_Jl' ~=, . !l~':':"" ~t~( ~;'~:'t': i~i--;"', :11: :..-_.," ...~. ,~ . ~~(.;;i' l~-,jt~:' ;..:: '! :""":4..:r~ :f''i,:'-';~ f.~' I \ "~fi!;~--t!li ll....~r;...:,.-;t'~<. :,.....ij .~ t~!~~I~}~!.,f, ~. '01:l\.'-:'~ J:1!..r~ ,',- ;,'- ,', '--:" :~:?t;;~r:~~~;-~"~:<(.:..t.\-'.;;.r' -" . .' '~l.-"lj"'6"~'~""r-...",y ""~.. I,. ~~,~[~r.;;V,:~;~F:f,~;q~( , t r. ~. , '. ... '. ,-' 1 !1.ff;','!;'rZ', 'J' .:;- ,,\.",>!.,~ " t': ...w. Ii" <,- ~!,.., -'!'~ " J"Jo;f1. .. ,'r. _,. 't,~ - (i'" :':'~.i.\~i'." " , . ... ... ,. ~;:~"'l:li.,~:I';<;'_:' Ai.::::~' ....',.,.;":~ "'{}?"i""" f.l~r'~.': "" ' ~jr(~}t?;t.:~~~:~:::.~ t~ :h.~ ~,-, ...~; iV0i'..~ 't.t~' ~ ,..:. ;)~ . "< "\ " ti~(-' (';t . ,..~~ '-;l' ~:~~:~~~~~~~-,:~~:: .::':-:;: '. ~''''1< .., .,..,.,.. r.f.;jiti:... ...~,';;.,-.." :~,,~.. ~~~"';.-.,\1S.,...~.. '. l - ;" ~~~,Jl~.'o..~~_) ~~~i'''.. ' > ~~;;t,.Tt.....\."""......"'t. "R-.l\~7.i'lG";'\>'~,~:~~.l'~.;.:.._ 1"-'. ~~".\;;iiJ~~:i'...." .. ".~'\..\;t 1:';'r';~("" ,," """"',,, " i i+Wk\>, ~:~~~i!~'}<f;5;:;\:;~~'~~~?7, '<:2"fJ~"~-.,.;I' . f :~- l...,~t-., ''''~'''~ m;'~~la""'''' 'H...~~ .., -...;....',.'>,.t...( ~ r~tt. <,n:)-l,.w'~' ,,, '..,~",. . ~~g,~~j;:!,t'~; J' ..... '.' ~t!.J?J.oJ"l:-~': " :f'{i :<;-,"t,.,.: " .~-- J I .'~f!t: ~; .. .~,;U).', ~.....:..:. .":'.' [-" -.,'(:::.;, -::~: ':::f;i i>,~ j'::'.::~:i .......,.-- " , '; ~ I ' , " \.:.1.: ,. {".' -'i~'!" -., .;,., " .' , ..>.;.': '''-0 " ,--",'. ," .., " !,' " .'" "', :... "' "0' 1 ~ . .~-_-:---~----_...._. ..- .. ----~--~~--~--.".-'~. -..~~- ~ -, , 8, Admittcd 9. Admittcd. 10, Admittcd 11, Admittcd, 12, Admittcd. 13. Admittcd. 14, Admittcd. 15. Admittcd, 16, Admittcd, 17, Admitted, 18, Admitted, 19. Admittcd, 20, Admittcd, 21. Admitted. 22. Admitted, 23. Dcnied; At no time were the Dcfendants tcnants pursuant to a lease at 26 Middlc Spring Avenuc prior to March I, 1996. 24. It is admitted that the Dcfcndants entcred into a Icasc commcncing March 1, 1996. 25, Admitted, 26, Admitted, 27. Admittcd, 28, Admittcd. 29. Admittcd, 30, As Paragraph 28 of thc Leasc Agreement has not bccn providcd with thc copy of the Complaint, thc Dcfendants arc without knowlcdge or information sufficient to form a bcIicfas to thc truth of this avcrmcnt. COUNT I - BREACH OF LEASE 31, Thc answcrs of Paragraphs I through 30, inclusive, are incorporatcd hcrein and refcrenced thcrcto, 32, After rcasonablc invcstigation. Dcfcndants arc without knowlcdge or information suflicicnt to form a bclicf of this avcrmcnt and spccific proof is demand cd at trial 33. After rcasonablc invcstigation, Dcfcndants arc without knowlcdgc or information sufficicntto form a bclicf as to thc truth of this avcrmcnt and spccific proof is dcmandcd at trial. 34, Dcnicd; Thc Dcfcndants did not causc substantial damagc beyond normal wcar and tear during their posscssion ofthc prcmiscs nor was substantial debris Icft behind upon their vacating thc abovc prcmiscs, 35, Dcnicd; Thc Dcfcndants did not cause damagc to the propcrty rcquiring substantial rcpairs nor did thcy Icavc exccssivc dcbris bchind aftcr thcir dcparture, Furthcrmorc, as an itcmizcd list of costs of rcpairs has not bccn provided, they are without knowlcdge or information sutlicicnt to form a belicfas to thc Plaintiff's expenses, COUNT II - INTENTION DESTRlICTION OF PROPERTY 36, Thc Answers of Paragraphs I through 35 inclusivc are incorporatcd hcrein and rcfcrcnccd thcrcto, 37, Aftcr a reasonablc invcstigation, Defcndants are without knowledgc or information suflicicnt to form a belicf as 10 thc truth of this avcrmcnt and spccific proof is demand cd at trial. 38, Denicd; Thc Defcndants arc unawarc of any mecting bctween themsclves and thc Plaintill' and/or thcir agcnts conccrning thc foregoing information, 39. Dcnied; Thc Dcfcndants wcrc not confrontcd by thc Plaintiff's rcprescntatives conccrning rumors, nor wcrc thcy givcn nOlicc of pcnding liability as the abovc mecting did not takc placc. 40. Dcnicd; Thc Dcfcndants werc not adviscd by thc Plaintiffs concemmg Shippensburg University and local policc dcpartmcnt actions bccausc thc above-mentioned mccting did not takc placc within thc Dcfcndants' knowlcdgc. 41 Thc Dcfcndants spccifically dcny thc abovc confcrcncc and warnings took place; howcver, admit that no acts of destruction had been reportcd, 42, Dcnicd. Thc Plaintiff found thc vacated premises neithcr substantially or delibcrately dcstroycd as thc Defcndants had relinquishcd the property in substantially the samc condition as thcy had acquircd it. 43. Admittcd 44. Denicd; Dcfendants did not conspirc to damage the property in any fashion, '- <l' if; ... .' UI' c.: t"1. , " , C I .> " '. ('. '. U , -, \, rOo '- ' l" .'-'" '. ~~~fi#~1'~;:~~~-t~i\:>~~~~:~~_t:;':~~':j":. ;" ~: : ,,:,~. 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SIIIPPENSBURG UNIVERSITY FOUNDATION, INC, Plaintill' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. . 97-2543 CIVIL TERM THOMAS C. BAELI, JON D. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY L, GElB, MARTIN T, GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E, MAJOR, FREDERICK W, MARLOWE, ADAM J. P ALMERIO: MICHAEL J. PROFFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S, SCHAPPELL,: DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M, THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Dcfcndants ANSWER AND NOW comcs thc Dcfendant, Danicl E. Major, by his attorney, Thomas S, Diehl, Esquirc, and statcs the following Answer: I, Admittcd, 2. Admitted, 3, Dcnied; It is thc Dcfendant's understanding that Jon B, Christman, of another address, and not Jon D, Christman, was a tenant of the property in question, 4. Admittcd, 5, Admittcd. 6, Admittcd, 7. Admittcd. . 8, Admitted 9. Admitted. 10. Admitted II. Admittcd. 12. Admitted, 13, Admitted, 14 Admittcd. 15, Admitted, 16, Admitted. 17, Admitted, 18. Admitted. 19. Admittcd, 20, Admittcd, 21. Admitted, 22, Admitted, 23. Dcnied; At no time wcre the Defendants tenants pursuant to a lease at 26 Middle Spring Avenuc prior to March I, 1996, 24, It is admitted that thc Dcfendants entercd into a lcase commcncing March I, 1996. 25, Admittcd, 26, Admittcd, 27. Admittcd. 28, Admitted, 29, Admitted, 30, As Paragraph 28 of the Leasc Agrecmcnt has not bcen providcd with the copy of thc Complaint, thc Dcfendants arc without knowlcdgc or information sufficicnt to form a belicf as to thc truth of this avcrmcnt. COllNT I - BREACH OF LEASE 31, Thc answcrs of Paragraphs I through 30, inclusivc, are incorporated hcrein and rcfercnced thcrcto, 32, Aftcr rcasonablc invcstigation, Dcfcndants are without knowlcdge or information sufficicnt to form a belicf of this avcrmcnt and specific proof is dcmanded at trial. 33, Aftcr rcasonable invcstigation, Dcfcndants are without knowlcdge or information sufficient to form a bclicf as to thc truth of this averment and specific proof is dcmandcd at trial. 34, Dcnicd; Thc Dcfcndants did not causc substantial damage beyond normal wear and tcar during thcir posscssion of the premiscs nor was substantial dcbris Icft bchind upon their vacating the abovc prcmiscs, 35, Dcnicd; Thc Dcfendants did not causc damagc to thc propcrty rcquiring substantial repairs nor did they Icave cxcessive dcbris behind after thcir dcparture, Furthcrmorc. as an itemized list of costs of rcpairs has not been provided, thcy are without knowlcdgc or inlormatiol1 sullicicntto lorm a belicf as to thc Plaintift's expenses, COIJNT II - INTENTION J>ESTRUCTION OF PROPERTY 36. Thc Answers of Paragraphs I through 35 inclusive arc incorporated hcrcin and rcfcrenccd thereto, 37, Aftcr a rcasonablc investigation, Dcfendants are without knowledge or information sullicicnt to form a bclicf as to thc truth of this avcrmcnt and spccific proof is demand cd at trial. 38, Dcnicd; Thc Dcfcndants are unaware of any mccting bctwecn thcmselves and thc Plaintifl'and/or thcir agcnts conccrning thc foregoing information. 39. Dcnicd; Thc Dcfcndants wcrc not confrontcd by the Plaintiff's rcprescntativcs concerning rumors, nor wcrc thcy givcn noticc of pcnding liability as thc abovc meeting did not take placc, 40. Dcnicd; Thc Dcfcndants wcrc not adviscd by thc Plaintiffs concerning Shippcnsburg Univcrsity and local police dcpartmcnt actions becausc the abovc-mcntioncd mccting did not takc placc within thc Dcfcndants' knowlcdgc. 41, Thc Dcfendants spccifically dcny thc abovc confcrencc and warnings took placc; howcvcr, admit that no acts of dcstruction had bccn rcportcd, 42, Dcnicd, Thc Plaintiff found thc vacatcd prcmiscs ncither substantially or delibcrately dcstroycd as thc Dcfcndants had rclinquishcd thc propcrty in substantially the samc condition as thcy had acquircd it. 43, Admittcd. 44. Dcnicd; Dcfcndants did not conspirc to damage thc propcrty in any fashion, 45, Allcr reasonablc invcstigation, Dcfcndants are without knowlcdgc or information sunicicnt to form a bclicf as to thc truth of this averment and specific proof is dcmandcd at trial. WIIEREFORE, thc Dcfcndant prays your Honorable Court to enter a judgment for thc Dcfcndants and hold thcm frce and clcar of all claims brought by thc Plaintiff. Rcspcctfully submittcd, By (fLJ ,W Thomas S. Dichl, Esquirc Supremc Court 10# 78942 Attorncy for Dcfcndants 200 North Hanovcr Street Carli sic, P A 17013 (717) 243-5551 (800) 347-5552 '- r-. - l' " i 1J1' , ,; , ' , ,., " c..:: , ,', L . t.; L , = , r- ) l U' V ~~'~. .;;T~~ ~~~~~~~::((., . ~..~t 111"{~lt"j''- ,hl:""'l ;1,;: ., '~~~,:!t.,i..1.(.......::..:-~ '2~;i~"'J ~ . oj .~. '. W~-I\.~~:h....2:?:"~~:\'::'1'~'''' :.,.r,' " f<"1";7"r:-):';;J~..-t:./;.:t:H,;l.\~.~.:', . "; W ~~~v, r.,l' ~lr' ""''''_' {.,. ..\ __. .~ l:-""Fl"'lj~. ...._...~. "'."'''' F' , , t.' f"(F"" 'I;;;~'" ~',l;r - .' . '. 1 ;,"1.1,1' ~iTl" 1"t}~..'..'r"L~"1 .alti;'{".,:"t<t1,,rST,,. '''''-f [~:,,'1t_f,--'<'.f T:'_,~ l_,;t;",1,;.-:.,: .'. 1~~~1:~I~?l\<,}~~: .... '" ~!I-:il=:_~~~:~~,t~~1';- ~~>-"<:;- ~~,;.l' - 1~;t'!'JI,1t'i>'i-:"-'T~-l'~,1 t <,.'OH- .'.' 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I:lM:U THltMAS I; ~:T AI. DAVID ~, MCKINN~Y . Sher1ff or Deputy Shertff of CUMDEUl,ANIJ County, Pennsylvania, who be1ng duly sworn according to law, says, the with1n CLlMPI.AINT upon IlM:1.l THUMAS C defendant, at 17.11 :"'''' HOURS, on the 11th day of Mav was served the 1 YY'/, at '1" HARD 1)1, [VI:: Sill l'I'I':NSl1l1HG" PA 17~57 County, Pennsylvani.a, by hand; ng tn THUMAS C. HAI.;LI a t,rue and at t.C'sted GOPY of the CllMl'l.A INT ;'Jod ut the? sumr: ti.mC! di.rr:>l:ting His ut.tent,i..on t.l'J thr? contC?nts thereof. ,CUMDCI\LANt! Shl:,ri.1t's C03~.8: 1)01 :kr? t lng ~.;c:rvi..r::C' Affidavit Surcharge :;0 an';7~~~ 11-\.11I0 1.....~. .10 .00 ;::,00 [(, 1 homas 1\11ne, ::'her1ff ".J":. 4\'1 ['ALC SIIUGIIAln Jk 05/24/1997 . f~' by JJ~~J dJf~_...L "u,,~ r 1 Sworn and ....subS,T1 bedj to before me th i.s ,l 'f....:...... day of '--I....., lY c'l,A.1>. :~._ C, ~~L":'(:~ t ~p0 r Pr-oL ul10tary .' Sll!:laFF' S 1~t;TURN - OUT UF CUUNTY CAS~: NU: 1 'J':J'I-II):S'n P CIJMMIlNW~:AI.TH I)F PENNSYLVANIA: CIlIlNTY IW CUMHERLAND !:ill (I'I'I':NSHIJRG IJNIVEHS ITY FIlUNDA VS. llAI-:1. ( THIJMAS C I-:T AI. fl. Thoma:; Kl1.ne> , She>r1ff, who be>ing duly sworn according to law, says, that he> made> a d111ge>nt se>arch and 1nquiry for the> within namE:'d de>fe>ndant, to wit: MAJIJH DANll-:L 1-: nIJ I: W\JS unab ll'~ to tQI;utl? dl:'plJ~. i"':l'Jd lhr: sheri. tf 01 H1m 1,n h13 bai li,wick. lie> the>rofore> 1;1I1';SI'I';1\ CUI/NTY l;ounty, Pe>nnsylvania. (" 3<:'rv<:, t.he> withln CUMI'I.A(NT (In June> ~'1th, \')91 , th1S office> was 1n re>ce>ipt of thE:' attache>d re>turn from CIII-;STi-:1\ CIJIJNTY County, Pe>nnsylvania. Sh<:>riff's Costs: Docketino (Jut of County Surcharge C:IIFSTER COUNTY ~o ar;;:if ~. --;t J?;4'4/- ~ H.t Ihomas Kllne, ~herlf1 h.1Il0 9.00 :.00 32.45 $1~.4b DALE SHUGHART JH 05/24/1997 Sworn a. nd sUb3Criberl.! bofore> n, I this .1'1 - day of ,-, ,<~~ \Y \,-/ A.D. me ~</U... C. Itt<.D;k 077 - r Prothonotary -' In The Court of Common Pleas of Cumberland County, Pennsylvania '- S~ipppnsburg University Foundation Inc. VS, Daniel E. Major No, Q7-7'i41 rivi] 'I'prmI9_ Now, May 19. 1997 Chester 19_, I SHERIFF OF CUMBERLAND COUNTY, P A do hereby deputize the Sheriff or County to execute this Writ, this deputation being made at the request and risk ortbe Plaintiff, r:~<:~ Sheriff or Cumberland County, Po, Affidavit of Service Now, MIIY Z~ 19 9? ,at 3 ie,> o'clock within Illl/Vl' a",,,,, tJo'./([ upoo rtJl1 C', . MTI-IE r (IF h "1",,,-,,, I at SfttrE:ST ()m,[ J.111V{),,-/l/ RC r , {~c<''1I!-r {~'.'/V""Y ;/h by baoding to U I( k /lJ11 /C'r altCsted copy or the original (J,1Yl tJl/ll/vr Il,v i) /i.J.~r/c [ lIltY) the cootents thereor, P M. scn'ed tbe a true and and made koown to . . ,) " So answers, '-I " " ~ Orll1/,. 6 t?~t( ",."~ VI SheriITor (ldCS,T[' Count)', Pa. COSTS S\\orn and liuh'icrihed hefore melhi,M_ da~ 0:::;;' l'Ill Q (1(/"" / ~ ~~/-fr (/ , SERVICE ~IIL["\GE AFFlDA VlT s NOTARIAL SEAL JOAN P SOMMEL VN, NOlary Public West CheSler 8oro. Chester County M Commission Ex Ir6S A nl14, 2001 s NOTICE, COMPLAINT, VERIFICATION & EXHIBITS No. 97-2543 CIVIL Lebanon, PA, May 23, 1997 SHIPPENSBURG UNIVERSITY FOUNDATION, INC, (RETURN TO CUMBERLAND CO. SHERIFFl vs. DOCKET PAGE 11 086 GREGORY L. GEIB STATE OF PENNSYLVANIA ) r01JN'l'Y OF LEBANON ! <:<:;, Gregory L. Behney, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within NOTICE, COMPLAINT, VERIFICATION & EXHIBITS upon GREGORY L. GEIB, the within named DEFENDANT, by handing a true and attested copy thereof, to him, personally, on May 22, 1997, at 12:05 o'clock P.M., at the Sheriff's Office, 400 South Eighth Street, Lebanon (City), Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me SO ANSWERS, DEPdf~~~~;{~~1.aJ.i)L"'$;1 ,v,a .. . . /1 t / ", "f' '. 'I 7f, _ /I/.tv;t;..cf($... ~ SHERI-FF V A/"-" this 25th day I.."-i!-v Notary Public N A~IAL SEAL NAN Y L, S r;'oIF~. Nr\a'y ?Jllic Ltt~';:r" l.~~~~.i~. C(r,~)'. Pa. My Ccorr,lss'" ";",, : A,&.sl ~, i9n SHERIFF'S ~OSTS IN ~BOVE Advanced costs pai.d on 5/22/97 Check No. Costs incurred: Refund: Check No. 3818 PROCEEDINGS 17264 Amount Amount Amount 75.00 26.25 48.75 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. ..__Sec. 2, Act of June 20, 1911, P.L. 1072 !n The Court of Common Pleas of Cumberland County, Pcnnsylvllnill , Shippensburg University Foundation Inc. .. VS, Gregory L. Geib No. 97 - 254 3 Civ 11 Term 19_ Now, May 19. Lebanon 1997 19_,1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby depulize tbe Sheriff of County to execute this Wril,lhis depulalion heing made allhe requesl and risk of the Plaintiff, r~~~ SheriffofCumherland Coun!)', Pa, AffidllVit of Service Now, 19 o'clock , at M, served Ihe within upon al b)' banding 10 allesled COP)' oflbe original lhe conlenls Ihereof, 3 true and and made known 10 So ans\'t'ers. Sheriff of Coon!). Pa, COSTS S\\orn and suhscrihed heron me this 19_ SERVICE ~IIL['\GE AFFIO.WIT s d:J~' of s In The Court of Common Pleas of Cumberland County, Pennsylvania Shippcnsburg University Foundation. Inc. \'S, Howard P. Herbert No. 97-2543 Civil Terml9_ Now, May 19. Dauphin 1997 19-, I SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize theSherlITor County to execute this Writ, this deputation being made at the request and risk ohhe PlaintiIT, ~~~=-'~~~ SheriITorCumberlond Counl)', Pa, Now, witbin 19 , at o'clock M. se.....ed the Affidavit of Service upon ot by honding to onested copy orthe original the contents thereor. :l true and ond mode known to So ans""ers, SheriIT or Counl), Po, COSTS S\\orn :Jnu sub'icrihed her{)n~ me thi~ day of 19_ SERVICE ~1ILf.AGE AHIO,\ \'IT s s . SHIPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 97 - ),:5 1.-( J CIVIL THOMAS C. BAELI, JON D. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY L. GEIB, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERI 0 , MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M. THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants 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 A 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 OUR WHERE YOU CAN GET LEGAL HELP. " ,"'. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 . "", ;H:d Ll:: ~.).,I I): :" '.: L ....,'\ ~:; L~;-:::,It:, hI. [his 13 1'1 d." l!:...{\\n,) , 19' n \.., ~o ')ll\("\IIl\\I\'\' ') "1 PrOlhonol~rv . SHIPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 - 1;'13 CIVIL THOMAS C. BAELI, JON D. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY L. GEIB, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M. THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants COMPLAINT AND NOW, comes the Plaintiff, Shippensburg University Foundation, Inc., a Pennsylvania non-profit corporation, by its attorney, Dale F. Shughart, Jr., Esquire and states the following complaint: 1. Plaintiff is Shippensburg University Foundation, Inc., a Pennsylvania non-profit corporation, with its principal place of business at 1871 Old Main Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The Defendant, Thomas C. Baeli, is an adult individual who resides at 77 Bard Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendant, Jon D. Christman, is an adult individual who resides at 680 Hampstead Court, York, York County, Pennsylvania 17403. 4. The Defendant, Jonathan A. Fiorelli, is an adult individual who resides at 284 Glen Mills Road, Glen Mills, Delaware County, Pennsylvania 19342. 5. The Defendant, Gregory L. Geib, who resides at 246 East Garfield Street, County, Pennsylvania 17257. 6. The Defendant, Martin T. Gregorski, is an adult individual who resides at 5877 North 7th Street, Philadelphia, Philadelphia County, Pennsylvania 19120. 7. The Defendant, Howard P. Herbert, is an who resides at 31B S. Earl Street, Shippensburg, County, Pennsylvania 17257. 8. The Defendant, Patrick B. Leady, is an adult individual who resides at 339 East Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 9. The Defendant, Daniel who resides at 246 E. Garfield County, Pennsylvania 17257. 10. The Defendant, Frederick W. Marlowe, is an adult individual who resides at P. O. Box 498, Dillsburg, York County, Pennsylvania 17019. 11. The Defendant, Adam J. Palmerio, is an adult individual who resides at 16 North Malin Road, Broomall, Delaware County, Pennsylvania, 19008. 12. The Defendant, Michael J. Profitt, is an adult individual who resides at 339 E. Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 13. The Defendant, James A. Ruffner. is an adult individual who resides at 7409 Bear Wallow Drive, Warrenton, Fauquier County, Virginia 22186. 14. The Defendant, John A. Ryan, is an resides at 339 E. Burd Street, Shippensburg, Pennsylvania 17257. 15. The Defendant, Jarrod S. Schappell, is an adult individual who resides at 212 North Queen Street, Apartment A, Shippensburg, Cumberland County, Pennsylvania 17257. is an adult individual Shippensburg, Cumberland adult individual Cumberland E. Major, is an adult Street, Shippensburg, individual Cumberland adult individual who Cumberland County, -2- 16. The Defendant, David R. Scott, is an adult individual who resides at 339 E. Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 17. The Defendant, John S. Smith, Jr., is an adult individual who resides at 304 N. Fayette Street, Apartment 506, Shippensburg, Cumberland County, Pennsylvania 17257. 18. The Defendant, Kenneth M. Thornton, is an adult individual who resides at 175 East Beidler Road, King of Prussia, Montgomery County, Pennsylvania 19406. 19. The Defendant, Mark E. Tilley, is an adult individual who resides at III East Fairmount Street, Coopersburg, Lehigh County, Pennsylvania 18036. 20. The Defendant, Jason F. Wozniak, is an adult individual who resides at 643 East Fourth Street, Boyertown, Berks County, Pennsylvania 19512. 21. Plaintiff is the owner of a charitable remainder interest in improved real property located at 26 Middle Spring Avenue, Shippensburg, Cumberland County, Pennsylvania. 22. The Defendants were all members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity and students at Shippensburg University. 23. The Defendants were tenants at the premises at 26 Middle Spring Avenue, pursuant to a written Lease Agreement which expired December 31, 1995, but all remained in possession and were served a formal Notice to Quit on February 1, 1996. 24. The Defendants entered a new Lease Agreement with the Plaintiff commencing March 1, 1996, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 25. Although Defendants Christman and Herbert did not sign the Lease Agreement, they remained in possession and are bound by the terms thereof. 26. Paragraph 4 of the Lease Agreement provides for monthly -3- rental of Two Thousand Six Hundred Fifty ($2,650.00) Dollars per month from March 1, 1996 through May 31, 1996. 27. Paragraph 14 of the Lease Agreement provides that the tenants are responsible for the good care of the leased premises. 28. Paragraph 18 of the Lease Agreement provides that the Agreement is a joint and several lease, each tenant being individually responsible for compliance with all terms and conditions of the Lease Agreement, jointly and severally, with all other tenants. 29. Paragraph 18 further provides that tenants are responsible for overdue rent and money damages caused by tenants' violation of the Lease Agreement. 30. Paragraph 28 further provides that tenants are responsible for reasonable attorney fees incurred in any lawsuit which may be filed. COUNT I - BREACH OF LEASE SHIPPENSBURG UNIVERSITY FOUNDATION VS ALL DEFENDANTS, JOINTLY AND SEVERALLY 31. The averments of Paragraphs 1 through 30, inclusive, are incorporated herein by reference thereto. 32. When the tenants vacated the premises at the expiration of the Lease, May 31, 1996, one month's rental, the sum of Two Thousand Six Hundred Fifty ($2,650.00) Dollars was unpaid and remains due and owing. 33. Paragraph 16 of the Lease Agreement provided that tenants are responsible for utility services, including sewer and water charges. At the explration of the Lease there remained an unpaid sewer and water bill in the sum of One Thousand Four Hundred Fifty-five and 46/100 ($1,455.46) Dollars which was paid by the Plaintiff and has not been reimbursed by the tenants. 34. During the term of the Lease Agreement, the tenants caused substantial damage to the leased premises and departed leaving extensive trash, garbage and other debris on the leased -4- premises. 35. Plaintiff has repaired the damages caused by the Defendants and removed the trash and debris at a total cost of Thirty-one Thousand Nine Hundred Ninety-one and 61/100 ($31,991.61) Dollars. An itemization of the costs of repairs and clean up is attached hereto, made a part hereof and marked Exhibit "B". WHEREFORE, Plaintiff prays Your Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants, jointly and severally in the sum of Thirty-six Thousand Ninety- seven and 07/100 ($36,097.07) Dollars, together with costs of suit, interest from June 1, 1996, and reasonable attorney fees actually incurred in pursuing this cause of action to judgment, an amount in excess of Twenty Thousand ($20,000.00) Dollars, and therefore in excess of the amount requiring compulsory arbitration. COUNT II - INTENTIONAL DESTRUCTION OF PROPERTY SHIPPENSBURG UNIVERSITY FOUNDATION VS. ALL DEFENDANTS, JOINTLY AND SEVERALLY 36. The averments of Paragraphs 1 through 35, inclusive, are incorporated herein by reference thereto. 37. On or about late April, 1996, the Plaintiff was advised through Shippensburg University that there were "campus rumors" that the members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity were planning to willfully and deliberately destroy the leased premises. 38. In response to the foregoing information, the Plaintiff held a meeting with a number of the officers of the Fraternity, all of whom were tenants under the Lease Agreement, Exhibit "A", and are Defendants in this action. 39. Representatives of the Plaintiff confronted the said Defendants with the "rumors" and advised them that each and every member of the Fraternity would be held jointly and severally -5- accountable for any damage all tenants be advised and property was not damaged. 40. Representatives of the Plaintiff further specifically advised said Defendants the Plaintiff, Shippensburg University and the local Police Department would respond immediately if any Defendant/Tenant contacted the Plaintiff, appropriate personnel at the University, or the local Police Department that acts of willful destruction were being or about to be committed at the premises. 41. Despite the said conference and warnings, none of the Defendants reported any acts of damage and destruction being committed at the premises or requested any assistance. 42. At the expiration of the Lease, when Defendants/Tenants vacated the premises, the Plaintiff found that the premises had been substantially and deliberately destroyed by the Defendants and that considerable trash, garbage and other debris had been strewn around and about the premises by the Defendants/Tenants. 43. Not one single Defendant/Tenant made any effort to obtain the assistance of the Plaintiff or other authorities to which may be caused that steps be taken and requested to insure the that avoid or limit the damages to the premises aforesaid. 44. Plaintiff believes and therefore aver that all Defendants, jointly, by conspiracy and concerted action willfully and deliberately acted together as a Fraternity to commit wanton acts of destruction throughout the demised premises and to strew it with trash, garbage and other debris with the intention of damaging and destroying the property and rendering it uninhabitable. 45. As a result of the aforesaid intentional and deliberate damage and destruction of the leased premises, the Plaintiff incurred repair costs in the sum of Thirty-three Thousand Four Hundred Forty-seven and 07/100 ($33,447.07) Dollars, which are itemized on Plaintiff's Exhibit "B" attached hereto and made a -6- VERIFICATION I, John E. Clinton, Executive Vice-President and CEO, of the Shippensburg University Foundation, Inc., hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and understqnds that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifications. , ~) Uvr John E. Clinton DATE: May /2-, 1997 -8- '1'1111 IS A RIlSIDIIITIAL LEASE. IT IS A LEClALLY IIIIIDING CONTIlACT IIITllZE11 LlllDLORD AND IACII '1'IIHANT. EAClI TENANT SBOllLIl RLUl THIS LEASI CAU1l1L '1'IIIS RIlSIDIIITIAL LKASE CONTADlS tlAIVIRS OF YOOlt RIGHTS AS A TIlWlT. TIllANT SBOtllJl NOT SIaN THIS LEASE tllITIL EACH TENANT OIIIlEltSTAllDS ALL OF AGRIlIDlllllTS IN THIS LEASE. 1. NAHES OF LANDLORD AND TEIlANT Name of the Landlord: SHIPPBNSBURG UNIVERSITY FOUNDATION C/O JOHN CLINTON SHIPPBNSBURG UNIVBRSITY SHIPPENSBURG PA 17257 Name of the Tenants: KAPPA-LAMBDA CHAPTBR OF THE KAPPA SIGMA INTERNATIONAL FRATERNITY NAME OF EACH TENANT IS LISTED ON THE FINAL PAGE OF THIS LEASE 2. LEASED PREMISES The leased premis~s is the place that landlord agrees to lease to tenant, The leased premises is: 26 MIDDLE SPRING AVENUE, SHIPPENSBURG TOWNSHIP, CUMBBRLAND COUNTY, PENNSYLVANIA 3. STARTING AND ENDING DATES OF LEASE AGREEIIEIIT This lease starts at 12: 01 A. M. on MARCH 1, 1996 This 'lease ends at 11:59 P.M. c:: !'.AY 31. :995 4. RENT The amount of rent is: $2650 each month. Tenant agrees to pay the $1325 on or before March $1325 on or before March $2650 on rent in advance I, 1996 $1325 IS, 1996 $1325 or before May follows: on or before on or before 1. 1996 April I, 1996 April IS, 199~ Landlord does not have to ask (MAXE DEMAND UPON) tenant to pay the rent. Tanant agrees to pay rent in person to landlord at the place specified by landlord. during the normal business hours specified. RENT TO BE PAID AT: RE/MAX HOME FINDERS 115 E. KING STREET SHIPPENSBURG PA 17257 NORMAL BUSINESS HOURS ARE 9,00 .~.11. - 5:00 P.M. MONDAY THROUGH FRIDAY. S. SECURITY DEPOSIT No security deposit ~ill ce requi:ed for th:s lease period. 6. LI.JlDLORD'S DUTY AT THE START OF THE LEASE Landlord agrees to give tenant possession o~ the leased premises on th~ starting date of the lease. The lease will start even if landlord cannot give tenant possession of the leased premises because the prior tenant is still in the leased premises or the leased premises is damaged. IF LANDLORD CANNOT GIVE TENANT POSSESSION, TE:NANT DOES NOT lL\VI TO PAY RENT tllITIL THE DAY LANDLORD GIVES POSSBSSION OP THE LEASED PREMISES TO TENANT. 7. DAHlIGB TO LEASED PREIlISES Tenant agrees to notify landlord immediately if the leased premises is damaged by fire or any other cause. Tenant agr~es to notify landlord lf there is any condition in the leased premises that could damage the leased premises or harm teoant or others. If teoant cannot live in the whol~ leased premises because it lS damaged or d!stroyed. tenant may: 1) live in the undamaged part of the leased premises and pay lers rent until the leased premises is repaired, or, 2) end the lease and leave the leased premises. Tlnent agrees that it the leased premises is damagsd or destroyed and tanant ends the lease. landlord has no further responsibility to tanant. ~Xf.3II3I-r ''A I; 8. I,:!S1l'IWICE Landlord agrees to have insurance on the building where the leased premises is located. Tenent's own property is not insured by landlord'. insurance. Tenant is responsible for tenant's own property that is located in the leased premises. 9. ASSIGHKENTS OR SUBLEASES BY TENANT ASSIGHKENT (OR ASSIGN) is the legal term for a transfer of the lease from the tenant to another person. This other person then becomes the landlord's new tenant and takes over the lease. Tenant agrees not to transfer (assign) this lease to anyone else without the written permission of the landlord. A sublease is a separate lease between the tenant and another person who leases all or a part of the leased premises from the tenant. Tenant agrees not to lease (sublease) all or any part of the lease premises to anyone else without the written consent of landlord. Tenant agrees that if tenant transfers this lease (assigns) or leases all or a part of the leased premises to another (subleases), tenant has violated this lease. 10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE Landlord is responsible for all damage to property or injury to people caused by landlord's (or landlord's representatives) intentional or negligent acts at the leased premises. TENANT IS RESPONSIBLE FOR ALL DAMAGE TO THE LEASED PREMISES AND INJURY TO PEOPLB CAOSED BY TEIlANT, TENANT'S FAMILY OR GUESTS. Tenant agrees that landlord is not responsible to tenant, tenant's family or guests for damage or injury caused by water, snow, or ice that comes on the leased premises unless landlord was negligent. 11. OSE OF LEASED PRBHISES Tenant agrees to use the leased premises only as a residence. Tenant agrees to obey all federal, state and local laws and regulations when using the leased premises. Tenant agrees not to store any flammable, hazardous, or toxic chemicals or substances in or around the leased premises. Tenant agrees not to do any activities in or around the leased premises which could harm anyone or damage any property. Tenant agrees that tenant will not allow more than 19 (nineteen) people to occupy the leased premises without the written permission of landlord. Tenant shall have a right to invite to the leased premises, for a reasonable period of time 'not to exceed fourteen days without the written consent of landlord) guests. family, or visitors so long as his obligations as a tenant under this leases are observed. 12. RULES AND REGULATIONS Tenant agrees to obey all rules and regulations for the leased premises. If tenant violates any rules or regulations for the leased premises, tenant violates this lease. 13. LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES (SUBORDINATION) Subordinate and subordination are legal terms that mean that this lease does not have any effect upon the rights of the landlord'S mortgage company. In other words. tenants rights under this lease are . subordinate to landlord'. mortgage company. If landlord does not make the mortgage payments, the mortgage company may have the right to end the landlord'S ownership of the leased premises. If the mortgage company sells the leased premises at a mortgage foreclosure sale. the lease may end. Tenant agrees that landlord has the rlght to mortgage the leased premises. If landlord has a mortgage on the leased premises now, or if landlord get. a mortgage in the future, tenant agree. that this lea.e i. subordinate to the landlord'a mortgage. A-I ADDITIONAL AGREEMENTS 4'NllLORD : 'TBNAN'.l'S : SHIPPBNSBURG UNIVBRSITY FOUNDATION KAPPA-LAMBDA CHAPTBR 01' THIl KAPPA-SIGMA INTBRNATIONAL FRATERNITY LANDLORD AND TENANT AGRBB THAT THIl FOLLOWING ADDITIONAL AGREEMENTS ARE PART 01' THB LEASE: I. RCLBS AND REGULATIONS FOR 26 MIDDLE SPRING AVBNUE SBIPPENSBURG TOWNSHIP, CllJIBBIlLAND COONTY, PBNNSYLVANIA. THESE RCLBS AND REGULATIONS ARE FOR TIll: SAFETY AND CONVENIENCE 01' ALL TEIlANTS. 1. Tenants leased premises is supplied with a heat sou~ce as part of the lease. If the heat source fails or there is not enough heat, tenant shall notlfy landlord. Tenant agrees not to use kerosene heaters or electric space heaters or any other portable heaters without the prior written consent of landlord. 2. Tenant will not make any alterations or the leased premises without the prior written consent of landlord. 3. Tenants agree that waterbeds or any other liquid filled furniture are not permitted in the leased premises. 4. Tenant shall not disable the smoke detectors or other fire warning or fire protection devices. Tenant shall notify landlord if a smoke detector or tire warning or protection device is not in working order. 5. Tenant shall pay a service charge of twenty dollars ($20.00) if a check given to pay rent is returned for insufficient funds or other cause within the control of tenant. 6. Tenant agrees that tenant will not keep any pets on the leased premises. Tenant agrees that tenant will not allow tenant's family or guests or others to have or bring pets onto the leased premises. 7. Tenants agree not to install any air conditioners in the leased premises without the prior written consent of landlord. 8. Tenants agree that no parties will be held on the leased premises without the prior written consent of landlord. 9. Tenants agree that the basement of the leased premises is for the exclusive use of tenants only. Tenants will not permit any visitor or guest or any other person under tenants control to enter the basement area of leased premises without the prior written consent of landlord. Tenants agree that under no circumstances will the basement area be used for occupancy or entertaining. 10. Tenants agree that if parking is available it is for tenant's convenience only and is not guaranteed by landlord. II. COMMUNICATIONS AGREEMENT 1. For the convenience of tenants and landlo~d. and to facilitate a smooth and reliable channel of communications, tenants agree to provide in writing the name, street address. mailing address, and telephone number of an individual who will serve as the tenants agent for any routine communications between tenants and landlord. Tenants agree that tenants agent will reside in the leased premises during the term of the lease agreement. The tenants aSl;}lt"i,~..;t..J.'- klu 12{/'pF;(j~ address: ~ {/!MHL~~,(,!j ,nM.. telephone number: ~ 7 -1/-557 2. Tenants agree to provide ten (10) days advance written notification to landlord of any change to tenants communication "gent identified in item 1 above. 3. Tenants agree that any routine. non emergency, communication (for example; schedulin~ showinQs of the leased oremises, reporting the n..d for minor repair. to the l.ased premi..., etc.) n.c....ry during the term of the lease agreement. both oral and in writing. viII occur between tenants agent and landlord or landlord's ag.nt. A-''''2-- III. CREC~ IN AND CHEC~ OUT PROCEDURES . A. cimCIC IN PROCEDt1ItBS 1. T~nants and landlord will both be in possession of at least one key for each lock on leased premises. 2. A set of 36 (thirty six) photographs are in the possession of both landlord and tenant showing the condition of each room in the premises, the exterior of the residence, and other areas on the leased premises. Both tenant and landlord agree that these photographs represent the condition of the premises at the start of the lease period. 3. Within five (5) days of taking possession of the leased premises under this lease agreement tenant will deliver in writing to landlord ~ list of any additional items tenant wants to include as evidence of the condition of the leased premises at the start of this lease agreement. 4. Within five (5) days of receipt of any list as described in paragraph three (3) above, landlord will inspect each item on the list and verify the condition. If necessary landlord will take additional photographs. Landlord will retain one copy of each photograph and within ten (10) days will deliver one copy of each photograph to tenant. Both tenant and landlord agree that both tenant's list and the additional photographs represent the condition of the premises at the start of the lease period. B. CBEC~ OUT PROCEDURES 1. At the end of the lease period each tenant will provide landlord 'with a forwarding address where tenant can be contacted. 2. At the end of the lease period tenant will return all keys to the premises to landlord. If all keys issued to tenant are not returned at the end of this lease landlord will bill tenant for the cost of a lock change for each lock for which tenant did not return a key. 3. Landlord will compare the photographs and tenant's list documenting condition of the premises at the beginning of the lease agreement with the condition of the premises at the end of the lease agreement. If there are damages to the leased premises for which tenant is responsible tenant agrees to compensate landlord for the cost of making repairs. 4. Landlord agrees to provide tenant with an itemized bill for any lock change or damage repair done to the leased premises within thirty (30) days of the end of the lease period. Tenant agrees to pay the bill received from the landlord within ten (10) days of receipt. BY INITIALING THESE ADDITIONAL LEASE AGREEMENTS, EACH TENANT AGREES THAT TENANT HAS READ AND UNDERSTANDS ALL OF TBESE ADDITIONAL AGREEMENTS AND UNDERSTANDS THAT THESE ADDITIONAL AGREEMENTS ARE PART OF THE LEASE. LANDLORD: SHIPPENSBURG UNIVERSITY FOUNDATION THONAS S. MI7:l0S AGENT FOR THE LANDLORD TENANTS: MARK TILLEY ANDY RUFFNER ~ FREDERICK MARLOWE m It'? JASON WAZMAK DAVID SCOTT ADAM PALMERIO JOHN S. SMITH JON CHRISTI1.;N MP.:lTIN GREGORSKI ~ DANIEL MAJOR MICHAEL PROFITT 0- JOHN RYAN KilN THORNTON HOWARD HERBERT JAR ROD SCHAPPEL~ GREGROY GEIB ~ PAIlTICK LEADY ~ A-"'3 no.! BAELI JON FIORELLI Tenant is responsible for, and will take good care of, the leased ~premises and all of the property in and around the leased premises. . Tenant agrees to pay for any damage caused by tanant, tenant'. family and tanant'. gueats. Tenant agrees to turn over possession of the leased premises to landlord when the lease ends. 15. LANDLORD'S RIGHT TO ENTXR LEASED PREMISES Tenant agrees that landlord and landlord's representatives hsve the right to enter the leased premises at reasonable times. Landlord and landlord's representatives have the right to inspect, to make repairs, to do maintenance, and to show the leased premises to others. 16. UTILITY SERVICES Landlord and tenant agree to pay the charges for utilities and services supplied to the leased premises as follows: Charae or service. Television cable Electric to premises Water service Natural Gas Refuse collection Lawn maintenance Snow and leaf removal Sewsr charges Parking fee Pest Control charges Landlord has the right to turn service to the leased premises maintenance. Paid by: Tenant Tenant Tenant Tenant Tenant Tenant Tenant Tenant Tenant Tenant off temporarily any utility or other in order to make repairs or do 17. GOVEIUlMENTAL POWER OF EMINENT DOMAIN Eminent domain is the legal name for the right of a government such as the state or county or city to take private property for public use. The government must pay fair compensation to anyone who has any right in the property that is taken by the government. If all or any part of the leased premises (or the building within which the leased premises is located) is taken by eminent domain, this lease will end automatically. Landlord and tenant agree to release each other from any responsibility because leased premises is taken by eminent domain and the lease has ended. 18. VIOLATIONS OF THIS LEASE WHEN EITHER LANDLORD OR TENANT DOES NOT DO SOllETBING THAT TIlEY EAVE ~ AGREED TO DO, IT IS A VIOLATION OF THIS LEASE. IF TENANT VIOLATES THIS LEASE, LANDLORD CAN SUI! TENANT FOR EXPENSES AND MAY SUI! TO EVICT TEIlANT. EACH TENANT SHOULD NOT SIGH THIS LEASE UNLESS EACH TENANT HAS READ AND CLEARLY UNDERSTANDS THE INFORMATION IN THIS SECTION ABOUT LEASE VIOLATIONS. '" THIS IS A JOINT AND SEVERAL LEASE THIS IS A JOINT AND SEVERAL LEASE. THIS MEANS THAT ALL THE TENANTS AS A GROO? AND EACH OF TUB TENANTS AS AN INDIVIDUAL ARE RESPONSIBLE TO LANDLORD FOR ALL OF TUB AGUEKENTS OF THIS LEASE. FOR EXAllPLE, IF TUB RENT IS NOT PAID, LANDLORD CAN SUE ALL OF THE TENANTS (JOlNTLYI FOR ANY UNPAID RENT. OR, LANDLORD CAN BRING A SUIT AGAINST ANY ONE TENANT SEPARATELY (SEVERALLY) FOR ALL OF THE UNPAID RENT. TENANT VIOLATES THIS LEASE IF TEIlANT: ~ I 1) 2) FAILS TO PAY RENT OR OTHER CHARGES TO LANDLORD ON TIMr OR, LEAVES (ABANDONS) THE LEASED PREIIISES NITHOUT TBB LANDLORD'S PERMISSION BErORK THE END or TBB LEASE OR. DOES NOT LEAVE THE LEASID PREMISES AT TBB END OF THE LEASI OR, DOES NOT DO ALL or TBB THINGS THAT TEIlANT AGRlED TO DO IN THISnLEASE. A---l.f )) 41 .,:.".:.,~ IF TENANT VIOLATES Tal LEASE, EACH TENAlrr AGREES TO WAIV~ NU~l~~ 'u uu. . THIS MEANS THAT Tal LANDLORD KAY F~LE A CO)lPLAINT IN COOItT ASJl:ING FOR AN OJlD1lR EVICTING EACH TIIQBT nOM TIll LEASED PIU:KIBIS MITIlO1l'1' GIVING EAClI TENANT NOTICE TO' QUIT nRST. LAlIDZ.ORD DOBS ROT HAVI TIll RIcmT TO TDOlI .. TENANT OUT OF Tal LEASED PIUDlIBIIS (SnF-IIllLP EVICTION). TIIIi LANDLORD CAN ONLY EVICT TENANT IIY COURT ACTION. THE LANDLORD DOES NOT HAVE TUB RIGHT TO SUE IN COURT POR EVICTION llNLIlSS A TEIlANT BAS VIOLATED TIm AGRKlDmNTS IN THIS LEASE. EVEN THOUClB EACH TIlNAllT IS WAIVING NOTICE TO QUIT, EACH TENANT WILL HAVE A CllANCB IN COOltT TO CHALLENGB THE LANDLORD'S CLAIM FOR EVICTION. IF TEIlANT VIOLATES TIm LEASE AGREEKEllT, TIlE LANDLORD HAY SUE EACH TIDIANT IN COURT, 1) 2) 3) TO COLLBCT OVEltDllE 1lEIlT, LATIl CHARGES AND MONKY DAMAGES CAUSED BY TEIlANT'S VIOLATION OP TUB AaIU!lDlEllTS IN TUB LEASE. TO RECOvn POSSESSION OF TIm LEASED PREXISBS (EVICTION) TO COLLBCT POR UNPAID RENT UNTIL TUB END OF TIm LEASE OR UNTIL ANOTlmR PERSON TAlCES POSSESSION OF TIm LEASED PREMISES AS A IlXlI TENANT . Tenant agrees that landlord may receive reasonable attorneys fees as part of a court judgement in a lawsuit against tenant for violation of the agreements of the lease. 19 . OTllER ;'GREEllEllTS BETWEEN LANDLORD AND TENANT L&ndlord and tenant agree that the following additional agreements are part of this lease agreement. 1) CHECK-IN AND CHBCK-OUT PROCEDURES 2) RULES AND REGULATIONS 3) COMMUNICATION AGRBIlMBNT BY SIGNING TIlIS LEASE AGREBKEIlT, EACH TEIlANT AGREES THAT TIlE TEIlANT HAS READ AND UNDERSTANDS ALL OF TUB AGREBI!XIfl'S m THIS LEASE. ~~ THOMAS S. MITROS AGENT FOR THE LANDLORD RE/MAX HOMEFINDERS 115 E. KING STREET SHIPPENS3URG PA 17257 SIGNED BY LANDLORD: DATE: i1ft/; (.. . . SIGNED BY TENANTS: o DATE: DATE, 31 S- DATE:* :.' DATE,iJL: r:;;'~ .::jfN FIORELLI DATE: DATE, 3IL I, DATE: /f DATE, 1L- DATE, # DATE: 1/5- .I DATE, ~ DATE: DATE: "1/'1 -- DATE, JON CHRi STMAN A-.$" SIIIlilH'S HElURIl - OUT OF CUUllTY I;AS~: NU: l'):J'/-lil25.1:j P CIJMMlJNW~:^,.TH IIF I'I':NN~;Y'-VMIIA: CiJlJNTY IW CUMHI':IlI.MlD :;11 [1'1'1':N:mUrll3 IJN [VEilS lTY FIJUND(!. VS. I:lAEI.[ THUMAS C ET AL R. Thomns Kl; ne , Sheriff, who being duly sworn according and inquiry for the within to law, says, that he made a diligent search named defendant. to wit: RYAN JOIlN A but was unable> to locate Hlm 1n h1.s bailiwick. He therefore deputized the sheriff of HUCKS CUUNTY County, Pennsylvania. to) SE'rVe the within COMPI.AINT Un .June 21th. 1'397 , this office was in rece1pt of the- attached return from HUI;KS CUUNTY County. Pennsylvania. ::ihr:,ri.ft"'s Costs: Dn.;kl?t ;ng (Iut of County ~;urcharge IIUCKS COUNTY "'.VJI/J 9.00 :.00 SO.00 ~.L/.l/J0 llALL SIIUGIIAln Jk. 00/201/1997 :;" an"wers:.. ~ ~./ .. ~?~~ H;?; ho";as Kl1.ne. er1. .' Sworn and subsl::ri.bed thlS J. y~' dn)' of lY 'i-z... A.D. ~~~ore mE' q- C. 'nu..tk, "'1Uprothonotary ~"rr In The Court of Common Picas of Cumberland County, Pennsylyania . . Shippensburg University Fpund~tion, Inc. VS. John A. Ryan No. 97-2543 Civil Term19_ Now, Mav 19. Buc ks 1997 _19_,1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby depulize the Sberiffof County 10 execute this Writ. this deputation being made allhe request and risk of the Plaintiff. ./ -r //f';;. lY..,(.....::...! Sheriff of Cumberland Coun!)', Pa. Affidavit of Seryice Now, within 19 , at o'c1ock M. served the upon at by handing to a llested COP)' of the original the contents thereof. :1 true and and made known 10 So ans\"ers. Sheriff of County, Pa. COSTS S\\orn :lnd sub'icrihed before me this day or 19- SERVICE 't1LL\GE AHIllA \'IT S s 't 0' \ ~ (, ;> BUCKS COUNT'@o(~ SHERIFF'S RETURN , ,\.1.; _ /0 .-:;. \ Filed 5J~ in ar.-lBERLAND CXl Bucks Cnse # 7.1',. -..... I '-l<.J I Rec'd .lv -=!./i~ Specie I Instructions ~~ BY b/12/97 Action CIVIL Pleintiff SHTPPFNC:;Rlmr: TIIIIT\/ I'nIIIIIn TlII(" vs DeI.ondnnt DAVID R sa:YIT 429 MADISCl'l AVE PENNDEL PA 19047 Address Served if Differenl ~under Pn.R.C.P. #402 ~AI (i) Defendsnt personnllv served /' .,aAI (21 (il Femilv Member ~ rA k r{rri)?. ---lAI (21 (il Adult in Chnrge '!;(Residence fUL.J ---lAI (21 (ii) Mnnnger/Clerk el Delts. Lodging ---lAI (21 (iiil Person in Churge o~siness BV Hnnding 10 . "/.1"1 .)" '" - _ BV Posting NOI Served _ 30 Dnvs Rnn OUI _ Defendant Moved _ Def. Unknown _ Checked POSI Office _ Forwerding Address _ Defendnnl Nol Home _ Address Vncnnl _ Dep. Needs Better Add. _ No Forwnrding <@fBoro /It c::J//.--4..._ ~ BV Deputy :!Y ~ Witness --H-t!17 Al 7'1 0 o'Cloc~~n 6JlL/'-I- The above document::w!~:..(,t 98,ved on the defendnnt~r il)f.ormstion list nb))ve in Ihe County of Bucks. om ~I~ nin,.' I' SO nnswer. '." l ~j , Lnwrence R. Michnels. Sheriff of Bucks County 'J;;~ ~7ubscribed before me on Ihis dnv :a~L iLl. 403!{Jfl-r1&-1;rJJ.,-:- Prolhonotnrv Affirmed nnd subscribed before me on this dnv --! --!- NOlnrv Public MV Com, Exp, Bucks County Coso" 97-31441 Involco to bo moiled to ClIMRRI1T.l\NT'I m County Sherlff's Office Attn. 01 DIlLE F Gl!lXjjIAR'f JR E:3Q or . ?C'9L I . ~ W"'.J y cI..> , ---rJ .J "-;Jr~Jv' J~I - r ,,>"f?/y . "HU\IFfo'S RClU!;/1 - OUT OF COUNTY CMj.: NU: 1']9'/-0251:1 P GIJMMUNWr:AI. TH Ufo Pf:NNSYL V AN I A: CIJIJNTY IlF CUMH.:rII.AND SlIlPPENSHIJRG IJNIV.;HSITY FUUNDA VS. !lAEI. ( THIJMAS G ET AI. H. Thom;JS K 1. i_ne , Sheriff, who be1ng duly sworn accord1ng to law, says, that he made a dil1gent search and inquiry for the with1n named defendant, to wit: _MARI.IJW FR.:DI':RICK W but was unable to I.,.,r::~te Him , n his hai I i wick. lie t.here10re dr>puti.zed the 8heri.ff of YURK I;UUNTY CO'unty, Pennsy 1 vani a. t', serve the within CUM.'I.A I tiT On June 21th. 1397 , this O'f flce was in receipt O'f the attached return frO'm YURK CUIJIHY County, Pennsy 1 van1a. Sheriff's Costs: Docketinq Uut of County Surcharge YORK COUNTY SO Z#' 0/ ~/f#f:7/-~ RI I homas I\hne, 5her1l1 1:>.00 9.00 2.00 28.00 <.'1:'. 00 PALl.; SIlUGIIAHl JH. 05/24/1':;'97 ~~Wl.lrn and slJh31:ribed to bC'fore me ~. , l thts .2 'I -. ,jCly O'f '-jl<<",,- I CJ q 7 . A. D. qtL-o.J". C. )'\.1..u'k ({J.c~ Pr"thc>nc>tary , In The Court of Common Pleas of Cumberland County, Pennsylvania Shippcnsburg University FoundiJtion, Inc. \'S. John D. Christman No. 97-2543 Civil Ter~9___ Now, Mav 13. York 199719_.1 SHERIFF OF CUMBERLA:'/D COUNTY, PA do hereby deputize the Sheriff of County to execute this Writ. Ihis deputation being made allhe requesl and risk of Ihe Plalnllff. r~~<~ Sheriff of Cumberland County, Pa. Affidavit of Service Now, Mav 23, within C'ompla int upon John D. C'hrls~~n at hRO HMmp~t-p.;)rl C'nllrt-. York. PA by' handing 10 John D. C'hristrran attested cop" oflhe orioinal at York C'ounty C'ourthouse, 28 Eo Market St., ,'. York C'ounty, PA h 1m the conlents thereof. 19 q7 .al 2'40 o'c1ock A. ~I. sen'ed Ihe a Irue and and made knolln to So ans\\'crs. 4t~.c~~ .. -- SherilTof York Counl). Pa. COSTS S\\orn and suh"icrihcd hefore In,. thi, 27th lIayof Ha SER\'ICF. \1I1.E.V;E ,\FFlllA \'IT S 18.00 ' 6.00 19~ J 4.00 Po.o!e ',: ,iV :'11t"J'i:'1 S 28.00 .--. -----....------ . . "III:I:J H' S IiEl UI,II - OUl fir CUUNTY CASI': rw: t')'.J1-1Il251j P 1;11MMIlNWI-:AI.Tfl U'" I'I':NNSYI.V AN r A: CIlIJNTY I)'" I;IJMHEIlI.AND Sllll'l'l':N:;HIJlm fJN [VI-;HSITY "'I)UIWA VS. 8AEJ.[ THUMM; I; I-:T AI. R. Thomns Kli.ne , Sheriff. who being duly sworn accord1ng and inquiry for the with1n to law, says, that he made a d~l~gent search named defendant, to wit: SCHAPPEI.I. JAIlRUD S but wns unable> to tocate H1m ~n his ball\wick. He theretnre d2puti~ed the 3her~ff of HI-:IlKS CUUNTY _ I~Q\.Inty, Pennsylvania. t" sC?rvC? the wi thln CUMI-'I.AINT (In . June .~'1th, \'Y:17 , thIS offIce was 10 recelpt of the attached return from HI-:IIKS CUIJNlY County, Pennsylvanla. ShC'riff's t:osts: Dor::ketinq Uut af County Surcharge I:lEIIKS couln Y :;0 3n/rs: ./ ~/' /2/' .// ~ ~~~..,.../~~' HJ homas Kllne, ~her111 "'.IZIIZI 9.01Z1 2.00 4G.00 $0.1. IZIIZI ['ALL SIIUGIIAln JH. 0(,/24/1997 SWQrn and sub:J~r'tberj, to bE?fore me th~s 1"! ,j3Y Of~~~. IY ';7_ A.D. "-.1,.'jl. r, )h,d',~ . ~;f'l r Prothonot4ry SHERIFF OF BERKS COUNTY 633 Court Street Reading, Pennsylvania 19601 BARRY J. JOZWIAK SHERIFF PHONE (810) 478.8240 FAX (SIO) 478.8222 ANDREW G. HUGHES CHIEF DEPUlY SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS :S: Personally appeared before me, Joseph Garipoli Deputy for Barry J. Jozwiak, Sheriff of Berks County, Pennsylvania, who being duly sworn according to law, deposes and saya that after diligent search having been made by him ,he was unable to find Jason F. Wozniak within named defendant, within this bailiwick. PA. .- Sworn and subscribed before me this 6th day of June 199 7 0., PA. "NOT FOUND" as to the above named de f end ant. So Answers. ~""ERK(loom~.J NOTE: Moved to Montana exact address unknown. COSTS $ $ $ DEPOSIT ACTUAL COSTS OF CASE REFUND ATTACHED . SHIPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 -J,543 CIVIL Te rrt-'\. vs. THOMAS C. BAELI, JON D. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY L. GEIB, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M. THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants 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 A LAWYER AT ONCE. NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU LEGAL HELP. IF YOU DO TELEPHONE CAN GET Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 TRYE COpy FROM RECQ In TC""'il~n}' \',',",)ff;)f , hp- . RD iir'J b' <0;11 _, ~, ,.: '.' C un!,) sel my hand 1 ,. l. o.:J.. L, .",,(; LCI!r! al c..lrlisle p, ,,- 1"- a'il~f 'jl!J PrOlhonor ry.~ . SHIPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 97 - CIVIL THOMAS C. BAELI, JON D. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY L. GEIB, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M. THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants COMPLAINT AND NOW, comes the Plaintiff, Shippensburg University Foundation, Inc., a Pennsylvania non-profit corporation, by its attorney, Dale F. Shughart, Jr., Esquire and states the following complaint: 1. Plaintiff is Shippensburg University Foundation, Inc., a Pennsylvania non-profit corporation, with its principal place of business at 1871 Old Main Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The Defendant, Thomas C. Baeli, is an adult individual who resides at 77 Bard Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendant, Jon D. Christman, is an adult individual who resides at 680 Hampstead Court, York, York County, Pennsylvania 17403. 4. The Defendant, Jonathan A. Fiorelli, is an adult individual who resides at 284 Glen Mills Road, Glen Mills, Delaware County, Pennsylvania 19342. 5. The Defendant, Gregory L. Geib, who resides at 246 East Garfield Street, County, Pennsylvania 17257. 6. The Defendant, Martin T. Gregorski, is an adult individual who resides at 5877 North 7th Street, Philadelphia, Philadelphia County, Pennsylvania 19120. 7. The Defendant, Howard P. Herbert, is an who resides at 31B S. Earl Street, Shippensburg, County, Pennsylvania 17257. 8. The Defendant, Patrick B. Leady, is an adult individual who resides at 339 East Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 9. The Defendant, Daniel who resides at 246 E. Garfield County, Pennsylvania 17257. 10. The Defendant, Frederick W. Marlowe, is an adult individual who resides at P. O. Box 498, Dillsburg, York County, Pennsylvania 17019. 11. The Defendant, Adam J. palmerio, is an adult individual who resides at 16 North Malin Road, Broomall, Delaware County, Pennsylvania, 19008. 12. The Defendant, Michael J. Profitt, is an adult individual who resides at 339 E. Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 13. The Defendant, James A. Ruffner, is an adult individual who resides at 7409 Bear Wallow Drive, Warrenton, Fauquier County, Virginia 22186. 14. The Defendant, John A. Ryan, is an resides at 339 E. Burd Street, Shippensburg, Pennsylvania 17257. 15. The Defendant, Jarrod S. Schappell, is an adult individual who resides at 212 North Queen Street, Apartment A, Shippensburg, Cumberland County, Pennsylvania 17257. is an adult individual Shippensburg, Cumberland adult individual Cumberland E. Major, is an adult Street, Shippensburg, individual Cumberland adult individual who Cumberland County, -2- 16. The Defendant, David R. Scott, is an adult individual who resides at 339 E. Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 17. The Defendant, John S. Smith, Jr., is an adult individual who resides at 304 N. Fayette Street, Apartment 506, Shippensburg, Cumberland County, Pennsylvania 17257. 18. The Defendant, Kenneth M. Thornton, is an adult individual who resides at 175 East Beidler Road, King of Prussia, Montgomery County, Pennsylvania 19406. 19. The Defendant, Mark E. Tilley, is an adult individual who resides at III East Fairmount Street, Coopersburg, Lehigh County, Pennsylvania 18036. 20. The Defendant, Jason F. Wozniak, is an adult individual who resides at 643 East Fourth Street, Boyertown, Berks County, Pennsylvania 19512. 21. Plaintiff is the owner of a charitable remainder interest in improved real property located at 26 Middle Spring Avenue, Shippensburg, Cumberland County, Pennsylvania. 22. The Defendants were all members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity and students at Shippensburg University. 23. The Defendants were tenants at the premises at 26 Middle Spring Avenue, pursuant to a written Lease Agreement which expired December 31, 1995, but all remained in possession and were served a formal Notice to Quit on February 1, 1996. 24. The Defendants entered a new Lease Agreement with the Plaintiff commencing March 1, 1996, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 25. the Lease the terms 26. Although Defendants Christman and Herbert did not sign Agreement, they remained in possession and are bound by thereof. Paragraph 4 of the Lease Agreement provides for monthly -3- rental of Two Thousand Six Hundred Fifty ($2,650.00) Dollars per month from March 1, 1996 through May 31, 1996. 27. Paragraph 14 of the Lease Agreement provides that the tenants are responsible for the good care of the leased premises. 28. Paragraph 18 of the Lease Agreement provides that the Agreement is a joint and several lease, each tenant being individually responsible for compliance with all terms and conditions of the Lease Agreement, jointly and severally, with all other tenants. 29. Paragraph 18 further provides that tenants are responsible for overdue rent and money damages caused by tenants' violation of the Lease Agreement. 30. Paragraph 28 further provides that tenants are responsible for reasonable attorney fees incurred in any lawsuit which may be filed. COUNT I - BREACH OF LEASE SHIPPENSBURG UNIVERSITY FOUNDATION VS ALL DEFENDANTS, JOINTLY AND SEVERALLY 31. The averments of Paragraphs 1 through 30, inclusive, are incorporated herein by reference thereto. 32. When the tenants vacated the premises at the expiration of the Lease, May 31, 1996, one month's rental, the sum of Two Thousand Six Hundred Fifty ($2,650.00) Dollars was unpaid and remains due and owing. 33. Paragraph 16 of the Lease Agreement provided that tenants are responsible for utility services, including sewer and water charges. At the expiration of the Lease there remained an unpaid sewer and water bill in the sum of One Thousand Four Hundred Fifty-five and 46/100 ($1,455.46) Dollars which was paid by the Plaintiff and has not been reimbursed by the tenants. 34. During the term of the Lease Agreement, the tenants caused substantial damage to the leased premises and departed leaving extensive trash, garbage and other debris on the leased -4- premises. 35. Plaintiff has repaired the damages caused by the Defendants and removed the trash and debris at a total cost of Thirty-one Thousand Nine Hundred Ninety-one and 61/100 ($31,991.61) Dollars. An itemization of the costs of repairs and clean up is attached hereto, made a part hereof and marked Exhibit "B". WHEREFORE, Plaintiff prays Your Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants, jointly and severally in the sum of Thirty-six Thousand Ninety- seven and 07/100 ($36,097.07) Dollars, together with costs of suit, interest from June 1, 1996, and reasonable attorney fees actually incurred in pursuing this cause of action to judgment, an amount in excess of Twenty Thousand ($20,000.00) Dollars, and therefore in excess of the amount requiring compulsory arbitration. COUNT II - INTENTIONAL DESTRUCTION OF PROPERTY SHIPPENSBURG UNIVERSITY FOUNDATION VS. ALL DEFENDANTS, JOINTLY AND SEVERALLY 36. The averments of Paragraphs 1 through 35, inclusive, are incorporated herein by reference thereto. 37. On or about late April, 1996, the Plaintiff was advised through Shippensburg University that there were "campus rumors" that the members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity were planning to willfully and deliberately destroy the leased premises. 38. In response to the foregoing information, the Plaintiff held a meeting with a number of the officers of the Fraternity, all of whom were tenants under the Lease Agreement, Exhibit "A", and are Defendants in this action. 39. Representatives of the Plaintiff confronted the said Defendants with the "rumors" and advised them that each and every member of the Fraternity would be held jointly and severally -5- accountable for any damage all tenants be advised and property was not damaged. 40. Representatives of the Plaintiff further specifically advised said Defendants the Plaintiff, Shippensburg University and the local Police Department would respond immediately if any Defendant/Tenant contacted the Plaintiff, appropriate personnel at the University, or the local Police Department that acts of willful destruction were being or about to be committed at the premises. 41. Despite the said conference and warnings, none of the Defendants reported any acts of damage and destruction being committed at the premises or requested any assistance. 42. At the expiration of the Lease, when Defendants/Tenants vacated the premises, the Plaintiff found that the premises had been substantially and deliberately destroyed by the Defendants and that considerable trash, garbage and other debris had been strewn around and about the premises by the Defendants/Tenants. 43. Not one single Defendant/Tenant made any effort to obtain the assistance of the Plaintiff or other authorities to which may be caused that steps be taken and requested to insure the that avoid or limit the damages to the premises aforesaid. 44. Plaintiff believes and therefore aver that all Defendants, jointly, by conspiracy and concerted action willfully and deliberately acted together as a Fraternity to commit wanton acts of destruction throughout the demised premises and to strew it with trash, garbage and other debris with the intention of damaging and destroying the property and rendering it uninhabitable. 45. As a result of the aforesaid intentional and deliberate damage and destruction of the leased premises, the Plaintiff incurred repair costs in the sum of Thirty-three Thousand Four Hundred Forty-seven and 07/100 ($33,447.07) Dollars, which are itemized on Plaintiff's Exhibit "B" attached hereto and made a -6- part hereof. WHEREFORE, Plaintiff prays Your Honorable Court to enter judgment against the Defendants, jointly and severally, in the sum of Thirty-three Thousand Four Hundred Forty-seven and 07/100 ($33,447.07) Dollars, together with costs and to award punitive damages for the deliberate and willful destruction of the premises, an amount in excess of Twenty Thousand ($20,000.00) Dollars, and therefore in excess of the amount requiring compulsory arbitration. Attorney for Plaintiff -7- . . 8. Xl!B11I!ANC& Landlord agreee to have insurance on the building where the leased premises is located. Tanant's own property is not insured by landlord's insurance. Tenant is responsible tor tenent's own property that is located in the leased premises. 9. ASSIGNMENTS OR SUBLEASBS BY TENANT ASSIGNMENT (OR ASSIGN) is the legal term for a transfer of the lease trom the tenant to another person. This other person then becomes the landlord'S new tenant and takes over the lease. Tenant agrees not to transfer (assign) this lease to anyone else without the written permission of the landlord. A sublease is a separate lease between the tenant and another person who leases all or a part of the leased premises from the tenant. Tenant agrees not to lease (sublease) all or any part of the lease premises to anyone else without the written consent of landlord. Tenant agrees that if tenant transfers this lease (assigns) or leases all or a part of the leased premises to another (subleases), tenant has violated this lease. 10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE Landlord is responsible for all damage to property or injury to people caused by landlord's (or landlord'S representatives) intentional or negligent acts at the leased pre~ises. TENANT IS RESPONSIBLE FOR ALL DAMAGE TO THE LEASED PREMISES AND INJURY .TO PEOPLE CAUSED BY TEIlANT, TENANT'S FAMILY OR GUESTS. Tenant agrees that landlord is not responsible to tenant, tenant's family or guests for damage or injury caused by water, snow, or ice that comes on the leased premises unless landlord was negligent. 11. USE OF LEASED PREHISES Tenant agrees to use the leased premises only as a residence. Tenant agrees to obey all federal, state and local laws and regulations when using the leased premises. Tenant agrees not to store any flammable. hazardous, or toxic chemicals or substances in or around the leased premises. Tenant agrees not to do any activities in or around the leased premises which could harm anyone or damage any property. Tenant agrees that tenant will not allow more than 19 (nineteen) people to occupy the leased premises without the written permission of landlord. Tenant shall have a right to invite to the leased premises, for a reasonable period of time (not to exceed fourteen days without the written consent of landlord) guests. family, or visitors so long as his obligations as a tenant under this leases are observed. 12. RULES AND REGULATIONS Tenant agrees to obey all rules and regulations for the leased premises. If tenant violates any rules or regulations for the leased premises, tenant violates this lease. 13. LANDLORD'S RIGBT TO MORTGAGE THE LEASED PREMISES (SUBO.RDINATION) Subordinate and subordination are legal terms that mean that this lease does not have any effect upon the rights of the landlord's mortgage company. In other words, tenants rights under this lease are . subordinata to landlord'S mortgage company. If landlord does not make the mortgage payments, the mortgage company may have the right to end the landlord'S ownership of the leased premises. If the mortgage company sells the leased premises at a mortgage foreclosure sale, the lease may end. Tenant agrees that landlord has the right to mortgage the leased premises. If landlord has a mortgage on the leased premises now, or if landlord gets a mortgage in the future, tenaot agrees that this lease is subordinate to the landlord's mortgage. A -I ADDITIONAL AGREEKENTS l.'NDLORD: SHIPPBNSBURG UNIVBRSITY FOUNDATION TENANTS: KAPPA-LAMBDA CHAPTBR OF THB KAPPA-SIGMA INTBRNATIONAL FRATBRNITY LANDLORD AND TENANT AGRBE THAT THE FOLLOWING ADDITIONAL AGREEMENTS ARE PART OF THE LEASE: I. ROLIlS AND REGULATIONS FOR 26 MIDDLE SPRING AVRIlUIl SHIPPENSBURG TOWNSHIP, ctnIBllRLAND COUNTY, PENNSYLVANIA. TIlIlSE ROLIlS AND REGllLA'1'IONS ARE FOR TIlIl SA7ETY AND CONVENIENCE OF ALL TEIlANTS. 1. Tenants leased premises is supplied with a heat source as part of the lease. If the heat source fails or there is not enough heat, tenant shall notlfy landlord. Tenant agrees not to use kerosene heaters or electric space heaters or any other portable heaters without the prior written consent of landlord. 2. Tenant will not make any alterations of the leased premises without the prior written consent of landlord. 3. Tenants agree that waterbeds or any other liquid filled furniture are not permitted in the leased premises. 4. Tenant shall not disable the smoke detectors or other fire warning or fire protection devices. Tenant shall notify landlord if a smoke detector or fire warning or protection device is not in working order. 5. Tenant shall pay a service charge of twenty dollars ($20.00) if a check given to pay rent is returned for insufficient funds or other cause within the control of tenant. 6. Tenant agrees that tenant will not keep any pets on the leased premises. Tenant agrees that tenant will not allow tenant's family or guests or others to have or bring pets onto the leased premises. 7. Tenants agree not to install any air conditioners in the leased premises without the prior written consent of landlord. 8. Tenants agree that no parties will be held on the leased premises without the prior written consent of landlord. 9. Tenants agree that the basement of the leased premises is for the exclusive use of tenants only. Tenants will not permit any visitor or guest or any other person under tenants control to enter the basement area of leased premises without the prior written consent of landlord. Tenants agree that under no circumstances will the basement area be used for occupancy or entertaining. 10. Tenants agree that if parking is available it is for tenant's convenience only and is not guaranteed by landlord. II. COMMUNICATIONS AGREEMENT 1. For the convenience o~ tenants and landlord, and to facilitate a smooth and reliable channel of communications, tenants agree to provide in writing the name, street address. mailing address. and telephone number of an individual who will serve as the tenants agent for any routine communications between tenants and landlord. Tenants agree that tenants agent will reside in the leased premises during the term of the lease agreement. ~~~r;:~~nts a~~dafe ~v, 2~~C7!-. telephone number: '\!}.1. -1f55J 2. Tenants agree to provide ten (10) days advance written notification to la'ndlord of any change to tenants communication "'gent identified in item 1 above. 3. Tenants agree that any routine, non emergency, communication (tor example; schedulinq showinqs of the leased Dremises. reporting the need for minor repair. to the le.sed premiae., etc.1 nece.sary during the term of the lease agreement, both oral and in writing, will occur between tenants agent and landlord or landlord'a agent. A->'2.- III. CKEC~ IN AND CBEC~ OCT PROCEDURES . A. . mc!: IN PROCEDURES " 1. Tpnanto and landlord will both bo in poosesoion of at leaot ons key for each lock on leased premiseo. 2. A set of 36 (thirty six) photographs are in the possession of both landlord and tenant showing the condition of each room in the premiseo, the exterior of the residence, and other areas on the leased premises. Both tenant and landlord agree that these photographs represent the condition of the premises at the start of the lease period. 3. Within five (5) days of taking possession of the leased premises under this leese agreement tenant will deliver in writing to landlord a list of any additional items tenant wants to include as evidence of the condition of the leased premises at the start of this lease agreement. 4. Within five (5) days of receipt of any list as described in paragraph three (3) above, landlord will inspect each item on the list and verify the condition. If necessary landlord will take additional photographs. Landlord will retain one copy of each photograph and within ten (10) days will deliver one copy of each photograph to tenant. Both tenant and landlord agree that both tenant's list and the additional photographs represent the condition of the premises at the start of the lease period. B. CBEC~ OUT PROCEDURES 1. At the end of the lease period each tenant will provide landlord with a forwarding address where tenant can be contacted. 2. At the end of the lease period tenant will return all keys to the premises to landlord. If all keys issued to tenant are not returned at the end of this lease landlord will bill tenant for the cost of a lock change for each lock for which tenant did not return a key. 3. Landlord will compare the photographs and tenant's list documenting condition of the premises at the beginning of the lease agreement with the condition of the premises at the end of the lease agreement. If there are damages to the leased premises for which tenant is responsible tenant agrees to compensate landlord for the cost of making repairs. 4. Landlord agrees to provide tenant with an itemized bill for any lock change or damage repair done to the leased premises within thirty (30) days of the end of the lease period. Tenant agrees to pay the bill received from the landlord within ten (10) days of receipt. BY INITIALING THESE ADDITIONAL LEASE AGREEMENTS, EACH TENANT AGREES THAT TENANT HAS READ AND UNDERSTANDS ALL OF THESE ADDITIONAL AGREEMENTS AND UNDERSTANDS THAT THESE ADDITIONAL AGREEMENTS ARE PART OF THE LEASE. LANDLORD: SHIPPENSaURG UNIVERSITY FOUNDATIO~ THOflAS S. MI7ROS AGENT FOR THE LANDLORD TENANTS: MARK TILLEY ANDY RUFFNER /lfl FREDERICK MARLOWE {~ JASON WAZMAK DAVID SCOTT ADAM PALMERIO JOHN S. SMITH JR JON CHR I STM,;N KEN TlI0RNTON HOWARD HERBERT JARROD SCHAPPEL~ GREGROY GEIB ~ PARTICK LEADY ~ A-'3 TN.! BAELI DANIEL MAJOR MICHAEL PROFITT .0- JOHN RYAN JON FIORELLI Tenant is responsible for, and will take good care of, the leased '. premises. and all of the property in and around the leased premisee. Tenant sgrees to pay for any damage caused by tenant, tenant's family and tanant'. guests. Tenant agrees to turn over possession of the leased premises to landlord when tha lease ends. 15. LANDLORD'S RIGHT TO = LEASED PRDlISES Tenant agrees that landlord and landlord's representatives have the right to enter the leased premises at reasonable times. Landlord and landlord:s representatives have the right to inspect, to make repairs, to do malntenance, and to show the leased premises to others. 16. UTILITY SERVICES Landlord and tenant agree to pay the charges for utilities and services supplied to the leased premises as follows: Charae or service: Television cable Electric to premises Water service Natural Gas Refuse collection Lawn maintenance Snow and leaf removal Sewer charges Parking fee Pest Control charges Landlord has the right to turn service to the leased premises maintenance. Paid bv: Tenant Tenant Tenan t Tenant Tenant Tenant Tenant Tenant Tenant Tenant off temporarily any utility or other in order to make repairs or do 17 . GOVERNMENTAL POWER OF EHINEN'I' DOMAIN Eminent domain is the legal name for the right of a government such as the state or county or city to take private property for public use. The government must pay fair compensation to anyone who has any right in the property that is taken by the government. If all or any part of the leased premises (or the building within which the leased premises is located) is taken by eminent domain, this lease will end automatically. Landlord and tenant agree to release each other from any responsibility because leased premises is taken by eminent domain and the lease has ended. 18. VIOLATIONS OF THIS LEASE WHEN EITHER LANDLORD OR TENANT DOES NOT DO SOMETHING THAT THEY EAVE AGREED TO DO. IT IS A VIOLATION OF THIS LEAsB. IF TENANT VIOLATES THIS LEASE, LANDLORD CAN SUE TEIlANT FOR EXPENSES AND MAY SUE TO EVICT TEIlANT. ~ , EACH TENANT SHOULD NOT SIGH THIS LEASE UNLESS EACH TENANT EAS READ AND CLEARLY UNDERSTANDS THE INFORMATION IN THIS SECTION ABOUT LEASE VIOLATIONS. .... THIS IS A JOINT AND SEVERAL LEASE THIS IS A JOINT AND SEVERAL LEASE. THIS MEANS THAT ALL THE TENANTS AS A GROUP AND EACH OF THE TENANTS AS AN INDIVIDUAL ARE RESPONSIBLE TO LANDLORD FOR ALL OF THE AGIlEEIIEIlTS OF THIS LEASE. FOR EXAllPLE, IF THE RENT IS NOT PAID. LANDLORD CAN SUE ALL OF THE TEIlANTS (JOINTLY) FOR ANi' UNPAID RENT. OR, LANDLORD CAN BRING A SUIT AGAINST ANi' ONE TENANT SEPARATELY (SEVERALLY) FOR ALL OF THE UNPAID RENT. J I TENANT VIOLATES THIS LEASE IF TENANT: 1) 2) FAILS TO PAY RENT OR OTHER CHARGES TO LANDLORD ON TI~ OR, LEAVES (AIIANDONS) TBJl LEASED PREIIISES IfITHOUT THE LANDLORD'S PERMISSION BEFORE TBJl EIID OF THE LEASE OR. DOES NOT LEAVE TBJl LDSED PREMISBS AT THE Il:ND OF THE LEASI Oil. DOIS NOT DO ALL OF TO THINGS THAT TENANT AGRIED TO DO III TlUS LEASE. A~Lj 3) 4) IF TENANT VIOLATES TRK LEASE, EACH TENANT AGREES TO WAIVE NOTICE TO QUIT. TIlXS MEANS TllAT TRK LANDLORD KAY F~LE A COIIPLAINT IN COOItT ASKING rOil All '. ORDSlt EVICTING EACH TDlAIlT ROX TRK LVJIID PIlIDIISES tlI'1'IIOUT GIVDlG EAClI TZNANT NOTICE TO' QUIT nUT, LAllDLORD DOES NOT HAVI Tn IlIazrr TO TnOtl TIDIANT OUT 01' TIlE LVJIID PIlIDIISBS (SELP-IIKLP EVICTION). Tn LANDLORD CAN ONLY EVICT TENANT BY COOltT ACTION. THE LANDLORD DOES NOT HAVE THE RIGBT TO SUB IN COURT FOR EVICTION UNLESS A TEIlANT HAS VIOLATED TIIR AGREKIlBNTS IN THIS LEASE. EVEN THOUGB EACH TIIlANT IS WAIVING NOTICE TO QUIT, BACH TENANT WILL HAVE A CHANCB IN COURT TO CHALLENGE TUB LANDLORD' S CLAD! FOR EVICTION. II' TENANT VIOLATES TIlE LEASE AGREDIENT, THE LANDLORD IIAY SUE EACH TIlWlT IN COURT I 1) 2) 3) TO COLLBCT OVEltDUB RENT, LATH CHARGES AIID MaNEY DAKAGES CAUSID BY TENANT'S VIOLATION OF TBX AG\lXIDIXIITS IN TBX LEASE. TO RECOVER POSSESSION OF TBX LBASBD PIlIDIISBS (EVICTION) TO COLLBCT FOR UNPAID RENT UNTIL THE END OF TBX LEASB OR UNTIL ANOTIIER PBRSON TAXES POSSESSION OF THE LEASED PREMISES AS A NEW TENANT . Tenant agrees that landlord may receive ~easonable attorneys fees as part of a court judgement in a lawsuit against tenant for violation of the agreements of the lease. 19. OTHER ;'GREEllEllTS BETWEEN LANDLORD AND TENANT Landlord and tenant agree that the following additional agreements are part of this lease agreement. ~~~ THOMAS S. MITROS AGENT FOR THE LANDLORD RE/MAX HOMEFINDERS 115 E. KING STREET SHIPPENS3URG PA 17257 1) CHECK-IN AND CHECK-OUT PROCEDURES 2) RULES AND REGULATIONS 3) COMMUNICATION AGRBBMI!NT BY SIGNING TEIS LEASE AGRBEIIIKNT. EACH TENANT AGREES TEAT THE TEIlANT BAS READ AND UNDERSTANDS ALL OF THE AGIlBEMIlNTS Dl THIS LEASE. SIGNED BY LANDLORD: DATil: ill'/;? SIGNED BY TENANTS: / 3/ S- DATE: DATE, 3d- I. DATE, /f P- DATE, #- DATE: 3/5- DATE: ~ DATE: DATE: ;/'1 DATE:~ DATE, o DATE: ., DATE: ~ l.r, . ~- B' DATE,:iL f:-^ ~jf .: FIORELLI DATB, JON CHR I STMAN A-5 ,~ .- .< '-,_ en :::i '" ,-I -- .. r-> -- .. ,.... "' . < =-" 'iJ1 If-. h ,"\ , ., ~1I1':R J FF'~; IWTIJRrl - U. S. Ct::l\ll F [~:Il NA I L CASK UU: 1~9J-~251 J P CI)NMUUW~;^UII IlF 1'~:IlN:;YLVANIA: CUI JNlY I)F CUM fl~:nLAll[l SII IPPI':NSflIJIlI; IJlIIV~:RS1TY FIJUN['A VS. IJ^~:I,[ THI1MAS c: ET AL Il. Thomas KlIne " SherIff or '''"puty SherIff of CUMIJI.:nLANll County, I'ennsylvallla, who being duly 8Wl)rn a'ocordlng to law, served t.hE' Itl thIn named 1)~:n:tH>Mrr, SMITH JUliN S .Ill by IJnltE'rJ State>s Cert1ftE'rJ Mall postage prepaId, on thE' 13th day of May I'J~'1_, at 11,\[\:0,1 HIJIJI\S, at 112 f,.III AV~:. Ilm:lfI.INI;. NJ L111\5'Jl a t 1 UE' and att.ested copy 1)1 thE' "I '-"L'hed (UMf'l AlllT rhp re>llJl'ned rl"ce; r ~ c;:1rd "as ~ 1 gned by -' on 11l/0t-1/t-IL\l\L\. Addl tlnn\Jl (~omment.s: lINOf'FNFJi lETTFH HHURNEl' AS "FURWAliP1NG Ilr~['II\ LXI'IIi"l'" ~;heriff's Costs: DOCKE'ting Service Affldav1t ~;urcharge CE'rtif1E'd Mail G.00 .00 .00 2.00 3.52 Sll.~:: So an3yers: .... . ...-:-:-.- ./ /.~,..,.~/ ~-;;;" H.,'Thomas hllne, ~herllt DALL SHUGJIAliT .T1i. 06/24/1997 SWQrn and...subsl:ribed to bC'fore me t.hlS ..I ~ - _ day of '-A.~~_ 1 ~ ') '\ A. [I. I ~ ':. 'I" r: Ik..U,-- J ?rothonotary , SHIPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 - J {[I 3 CIVIL THOMAS C. BAELI, JON D. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY L. GEIB, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M. THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants 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 A LAWYER AT ONCE. NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU LEGAL HELP. IF YOU DO TELEPHONE CAN GET TR"r. COpy FROM RECOREft04 , .... t. ' rola sst my ,...,N I~ l::;"H,(:rrj ,.Vl1C;~I.' l1(!re uCani5\e Pa. , j tho "631 ol f.ih1 Court al ' (' 7 ,,1 I v " 1'~ \~' , his nil! day )u; {ll,.r~,~;"j \' iii, \ l l( I I ProthOnotal)' Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 SHIPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 -;; {LI) CIVIL THOMAS C. BAELI, JON D. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY L. GEIB, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M. THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants COMPLAINT AND NOW, comes the Plaintiff, Shippensburg University Foundation, Inc., a Pennsylvania non-profit corporation, by its attorney, Dale F. Shughart, Jr., Esquire and states the following complaint: 1. Plaintiff is Shippensburg University Foundation, Inc., a Pennsylvania non-profit corporation, with its principal place of business at 1871 Old Main Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The Defendant, Thomas C. Baeli, is an adult individual who resides at 77 Bard Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendant, Jon D. Christman, is an adult individual who resides at 680 Hampstead Court, York, York County, Pennsylvania 17403. 4. The Defendant, Jonathan A. Fiorelli, is an adult individual who resides at 284 Glen Mills Road, Glen Mills, Delaware County, Pennsylvania 19342. 5. The Defendant, Gregory L. Geib, who resides at 246 East Garfield Street, County, Pennsylvania 17257. 6. The Defendant, Martin T. Gregorski, is an adult individual who resides at 5877 North 7th Street, Philadelphia, Philadelphia County, Pennsylvania 19120. 7. The Defendant, Howard P. Herbert, is an who resides at 31B S. Earl Street, Shippensburg, County, Pennsylvania 17257. 8. The Defendant, Patrick B. Leady, is an adult individual who resides at 339 East Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 9. The Defendant, Daniel who resides at 246 E. Garfield County, Pennsylvania 17257. 10. The Defendant, Frederick W. Marlowe, is an adult individual who resides at P. O. Box 498, Dillsburg, York County, Pennsylvania 17019. 11. The Defendant, Adam J. Palmerio, is an adult individual who resides at 16 North Malin Road, Broomall, Delaware County, Pennsylvania, 19008. 12. The Defendant, Michael J. Profitt, is an adult individual who resides at 339 E. Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 13. The Defendant, James A. Ruffner, is an adult individual who resides at 7409 Bear Wallow Drive, Warrenton, Fauquier County, Virginia 22186. 14. The Defendant, John A. Ryan, is an resides at 339 E. Burd Street, Shippensburg, Pennsylvania 17257. 15. The Defendant, Jarrod S. Schappell, is an adult individual who resides at 212 North Queen Street, Apartment A, Shippensburg, Cumberland County, Pennsylvania 17257. is an adult individual Shippensburg, Cumberland adult individual Cumberland E. Major, is an adult Street, Shippensburg, individual Cumberland adult individual who cumberland County, -2- 16. The Defendant, David R. Scott, io an adult individual who resides at 339 E. Burd Street, Shippcnoburg, Cumbcrland County, Pennsylvania 17257. 17. The Defendant, John S. Smith, Jr., is an adult individual who resides at 304 N. Fayette Street, Apartment 506, Shippensburg, Cumberland County, Pcnnsylvania 17257. 18. The Defendant, Kenneth M. Thornton, is an adult individual who resides at 175 East Beidler Road, King of Prussia, Montgomery County, Pennsylvania 19406. 19. The Defendant, Mark E. Tilley, is an adult individual who resides at III East Fairmount Street, Coopersburg, Lehigh County, Pennsylvania 18036. 20. The Defendant, Jason F. Wozniak, is an adult individual who resides at 643 East Fourth Street, Boyertown, Berks County, Pennsylvania 19512. 21. Plaintiff is the owner of a charitable remainder interest in improved real property located at 26 Middle Spring Avenue, Shippensburg, Cumberland County, Pennsylvania. 22. The Defendants were all members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity and students at Shippensburg University. 23. The Defendants were tenants at the premises at 26 Middle Spring Avenue, pursuant to a written Lease Agreement which expired December 31, 1995, but all remained in possession and were served a formal Notice to Quit on February 1, 1996. 24. The Defendants entered a new Lease Agreement with the Plaintiff commencing March 1, 1996, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 25. Although Defendants Christman and Herbert did not sign the Lease Agreement, they remained in possession and are bound by the terms thereof. 26. Paragraph 4 of the Lease Agreement provides for monthly -3- rental of Two Thousand Six Hundred Fifty ($2,650.00) Dollars per month from March 1, 1996 through May 31, 1996. 27. Paragraph 14 of the Lease Agreement provides that the tenants are responsible for the good care of the leased premises. 28. Paragraph 18 of the Lease Agreement provides that the Agreement is a joint and several lease, each tenant being individually responsible for compliance with all terms and conditions of the Lease Agreement, jointly and severally, with all other tenants. 29. Paragraph 18 further provides that tenants are responsible for overdue rent and money damages caused by tenants' violation of the Lease Agreement. 30. Paragraph 28 further provides that tenants are responsible for reasonable attorney fees incurred in any lawsuit which may be filed. COUNT I - BREACH OF LEASE SHIPPENSBURG UNIVERSITY FOUNDATION VS ALL DEFENDANTS, JOINTLY AND SEVERALLY 31. The averments of Paragraphs 1 through 30, inclusive, are incorporated herein by reference thereto. 32. When the tenants vacated the premises at the expiration of the Lease, May 31, 1996, one month's rental, the sum of Two Thousand Six Hundred Fifty ($2,650.00) Dollars was unpaid and remains due and owing. 33. Paragraph 16 of the Lease Agreement provided that tenants are responsible for utility services, including sewer and water charges. At the expiration of the Lease there remained an unpaid sewer and water bill in the sum of One Thousand Four Hundred Fifty-five and 46/100 ($1,455.46) Dollars which was paid by the Plaintiff and has not been reimbursed by the tenants. 34. During the term of the Lease Agreement, the tenants caused substantial damage to the leased premises and departed leaving extensive trash, garbage and other debris on the leased -4- premises. 35. Plaintiff has repaired the damages caused by the Defendants and removed the trash and debris at a total cost of Thirty-one Thousand Nine Hundred Ninety-one and 61/100 ($31,991.61) Dollars. An itemization of the costs of repairs and clean up is attached hereto, made a part hereof and marked Exhibit "B". WHEREFORE, Plaintiff prays Your Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants, jointly and severally in the sum of Thirty-six Thousand Ninety- seven and 07/100 ($36,097.07) Dollars, together with costs of suit, interest from June 1, 1996, and reasonable attorney fees actually incurred in pursuing this cause of action to judgment, an amount in excess of Twenty Thousand ($20,000.00) Dollars, and therefore in excess of the amount requiring compulsory arbitration. COUNT II - INTENTIONAL DESTRUCTION OF PROPERTY SHIPPENSBURG UNIVERSITY FOUNDATION VS. ALL DEFENDANTS, JOINTLY AND SEVERALLY 36. The averments of Paragraphs 1 through 35, inclusive, are incorporated herein by reference thereto. 37. On or about late April, 1996, the Plaintiff was advised through Shippensburg University that there were "campus rumors" that the members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity were planning to willfully and deliberately destroy the leased premises. 38. In response to the foregoing information, the Plaintiff held a meeting with a number of the officers of the Fraternity, all of whom were tenants under the Lease Agreement, Exhibit "A", and are Defendants in this action. 39. Representatives of the Plaintiff confronted the said Defendants with the "rumors" and advised them that each and every member of the Fraternity would be held jointly and severally -5- accountable for any damage all tenants be advised and property was not damaged. 40. Representatives of the Plaintiff further specifically advised said Defendants the Plaintiff, Shippensburg University and the local Police Department would respond immediately if any Defendant/Tenant contacted the Plaintiff, appropriate personnel at the University, or the local Police Department that acts of willful destruction were being or about to be committed at the premises. 41. Despite the said conference and warnings, none of the Defendants reported any acts of damage and destruction being committed at the premises or requested any assistance. 42. At the expiration of the Lease, when Defendants/Tenants vacated the premises, the Plaintiff found that the premises had been substantially and deliberately destroyed by the Defendants and that considerable trash, garbage and other debris had been strewn around and about the premises by the Defendants/Tenants. 43. Not one single Defendant/Tenant made any effort to obtain the assistance of the Plaintiff or other authorities to which may be caused that steps be taken and requested to insure the that avoid or limit the damages to the premises aforesaid. 44. Plaintiff believes and therefore aver that all Defendants, jointly, by conspiracy and concerted action willfully and deliberately acted together as a Fraternity to commit wanton acts of destruction throughout the demised premises and to strew it with trash, garbage and other debris with the intention of damaging and destroying the property and rendering it uninhabitable. 45. As a result of the aforesaid intentional and deliberate damage and destruction of the leased premises, the Plaintiff incurred repair costs in the sum of Thirty-three Thousand Four Hundred Forty-seven and 07/100 ($33,447.07) Dollars, which are itemized on Plaintiff's Exhibit "B" attached hereto and made a -6- TIIU IS A IUlSIDIIf1'IAL LEASI. IT IS A LlaALLY IIIIIDINO COlfrRACT BITllZEII LAllDLORD AND EACH TENANT. EAClI TIlWlT SIIOllLIl DAD TaIS LEASI CAU1l1L THIS IUlSIDIIf1'IAL LEASE CONTADlS tlAIVEltS OF YOOlt RIOBTS AS A TENANT. TIlIANT SBOllLll NOT SIGN THIS LEASE tllITIL EACH TIlIANT UNDERSTANDS ALL AOalEXENTS IN THIS LEASE. 1. NAHES OF LANDLORD AND TEIlANT Name of the Landlord: SHIPPBNSBURG UNIVERSITY FOUNDATION C/O JOHN CLINTON SHIPPENSBURG UNIVBRSITY SHIPPENSBURG PA 17257 KAPPA-LAMBDA CHAPTER OF THE KAPPA SIGMA INTERNATIONAL FRATERNITY Name of the Tenants: NAME OF EACH TENANT IS LISTED ON THE FINAL PAGE OF THIS LEASE 2. LEASED PREllISES . I The leased premJses is the place that landlord agrees to lease to tenant. The leased premises is: 26 MIDDLE SPRING AVENUE, SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA 3 . STARTING AND ENDING DATES OF LEASE AGREEIIEIIT This lease starts at 12:01 A.M. on MARCH 1, 1996 This lease ends at 11:59 P.M. C~ ~AY 31. 1996 4 . RENT The amount of rent is: S2650 each month. Tenant agrees to pay the $1325 on or before March $1325 on or before March $2650 on rent in advance 1, 1996 $1325 15, 1996 $1325 or before May follows: on or before on or before 1, 1996 April 1, 1996 April 15, 199~ Landlord does not have to ask (HAKB DBHAND UPON) tenant to pay the rent. Tenant agrees to pay rent in person to landlord at the place specified by landlord, during the normal business hours specified. RENT TO BE PAID AT: RE/MAX HOMEFINDERS 115 E. KING STREET SHIPPENSBURG PA 17257 NORMAL BUSINESS HOURS ARE 9,00 A.M. - 5,00 P.M. MONDAY THROUGH FRIDAY. 5. SECURITY DEPOSIT No security deposit will te requi=ed for this lease period. 5. Lt.NDLORD' S DUTY AT THE START OF Tl!E LEASE Landlord agrees to give tenant possess~on of the leased premlses on the starting date of the lease. The lease will start even if landlord cannot give tenant possession of the leased premises because the prior tenant is still in the leased premises or the leased premises is damaged. IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVE TO PAY RENT UNTIL THE DAY LANDLORD GIVES POSSESSION OF TaE LEASED PREMISBS TO TENANT. 7 . DAHAGE TO LEASED PREMISES Tenant agrees to notify landlord immediately if the leased premises is damaged by fire or any other cau3e. Tenant a9r~es to notity landlord if there is any condition in the l~ased premises that could damage the leased premises or harm tenant O~ others. If tenant cannot live in the whol~ leased premises because it 15 damaged or destroyed, tenant may: 11 live in the undamaged part of the leased premises and pay le.. rent until the leased premises is reDaired, or, 21 end the lease and leave the leased premi.... Tenant agrees that if the leased premises i. damaged or de.troyed and tan.nt ends the lease, landlord has no :urther re.pon.ibllity to tenant. ~Xf.,)II3/-r VA I; ADDITIONAL AGREEMENTS I.ANDLORD : TENANTS: SHIPPBNSBURG UNIVERSITY FOUNDATION KAPPA-LAMBDA CHAPTER OF THE KAPPA-SIGMA INTERNATIONAL FRATERNITY LANDLORD AND TENANT AGREE TI~T THE FOLLOWING ADDITIONAL AGREEMENTS ARE PART OF THE LEASE, I. RULBS AND REGULATIONS FOR 26 MIDDLE SPRING AVBNUB SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. THESE RULES AND REGULATIONS ARE FOR THE SAFETY AND CONVENIENCB OF ALL TEIlANTS. 1. Tenants leased premises is supplied with a heat source as part of the lease. If the heat source tails or there is not enough heat, tenant shall notlfy landlord. Tenant agrees not to use kerosene heaters or electric space heaters or any other portable heaters without the prior written consent of landlord. 2. Tenant will not make any alterations of the leased premises ',."ithout the prior written consent of landlord. 3. Tenants agree that waterbeds or any other liquid filled furniture are not permitted in the leased premises. 4. Tenant shall not disable the smoke detectors or other fire warning or fire protection devices. Tenant shall notify landlord if a smoke detector or fire warning or protection device is not in working order. 5. Tenant shall pay a service charge of twenty dollars ($20.001 if a check given to pay rent is returned for insufficient funds or other cause within the control of tenant. 6. Tenant agrees that tenant will not keep any pets on the leased premises. Tenant agrees that tenant will not allow tenant's family or guests or others to have or bring pets onto the leased premises. 7. Tenants agree not to install any air conditioners in the leased premises without the prior written consent of landlord. 8. Tenants agree that no parties will be held on the leased premises without the prior written consent of landlord. 9. Tenants agree that the basement of the leased premises is for the exclusive use of tenants only. Tenants will not permit any visitor or guest or any other person under tenants control to enter the basement area of leased premises without the prior written consent of landlord. Tenants agree that under no circumstances will the basement area be used for occupancy or entertaining. 10. Tenants agree that if parking is available it is for tenant's convenience only and is not guaranteed by landlord. II. COMMUNICATIONS AGREEMENT 1. For the con....enience c: tenar:.t~ ,)::d landlo:-d, and to facilitate a smooth and reliable channel of communications, tenants agree to provide in writing the name, street address. mailing address. and telephone number of an individual who will serve as the tenants agent for any routine communications between tenants and landlord. Tenants agree that tenants agent will reside in the leased premises during the term of the lease agreement. The tenants as,t;~t..,i,s"'fi An-1v '2C1r'I7(If31!-. address: ~ {11<<f{l~~ "n/fi.. telephone number: '\!J.1. - Jf-557 2. Tenants agree to provide ten (lOl days advance writtell notification to landlord of an)' change to tenants ccmmunication "gent identified in item 1 above. 3. Tenants agree that any rou':.l:1e, non emergenci'. communication (for example; schedulinq shOWlnQS of the leased oremises. reporting the need for rr:inor repairs to the leased premises, etc.) necessary during the tenn of the lease agreement, both oral and in wrlting, Will occur between t~nants agellt and landlord or lall.!lnrct's agent III. CHECK IN AIID CHECK OUT PROCEDOItES A. CHECK IN PROCEDURES 1. Tenants and landlord will both be in possession of at least one key for each lock on leased premises. 2. A set of 36 (thirty six) photographs are in the possession of both landlord and tenant Showing the condition of each room in the premises, the exterior of the residence, and other areas on the leased premises. Both tenant and landlord agree that these photographs represent the condition of the premises at the start of the lease period. 3. ~ithin five (5) days of taking possession of the leased premises under this lease agreement tenant will deliver in writing to landlord a list of any additional items tenant wants to include as evidence of the condition of the leased premises at the start of this lease agreement. 4. Within five (5) days of receipt of any list as described in paragraph three (3) above, landlord will inspect each item on the list and verify the condition. If necessary landlord will take additional photographs. Landlord will retain one copy of each photograph and within ten (10) days will deliver one copy of each photograph to tenant. Both tenant and landlord agree that both tenant's list and the additional photographs represent the condition of the premises at the start of the lease period. B. CHECK OUT PROCEDURES 1. At the end of the lease period each tenant will provide landlord with a forwarding address where tenant can be contacted. 2. At the end of the lease period tenant will return all keys to the premises to landlord. If all keys issued to tenant are not returned at the end of this lease landlord will bill tenant for the cost of a lock change for each lock for which tenant did not return a key. 3. Landlord will compare the photographs and tenant's list documenting condition of the premises at the beginning of the lease agreement with the condition of the premises at the end of the lease agreement. If there are damages to the leased premises for which tenant is responsible tenant agrees to compensate landlord for the cost of making repairs. 4. Landlord agrees to provide tenant with an itemized bill for any lock change or damage repair done to the leased premises within thirty (30) days of the end of the lease period. Tenant agrees to pay the bill received from the landlord within ten (10) days of receip~. BY INITIALING THESE ADDITIONAL LEASE AGREEMENTS, EACH TENANT AGREES THAT TENANT BAS READ AND UNDERSTANDS ALL OF THESE ADDITIONAL AGREEMENTS AND UNDERSTAllDS THAT THESE ADDITIONAL AGREEMENTS ARE PART OF THE LEASE. LANDLORD: SHIPPENSEURG UNIVERSITY FOUNDATION TENANTS: !l& -s ANDY RUFFNE~ DAVID SCOTT JOHN S. SMITH JR. {7 JON CHRIST~~J DANIEL MAJOR 'D r:" HOWARD HERaE~T MICHAEL PROFITT to- JARROD SCHAPPEL~ JOHN RYAN GREGROY GElS PARTICK LEADY~ j)..-, MARK TILLEY JASON WAZ~lAK ~~.~TIN GREGORSKI TA:.: BAELI ~ JC:J FIORELLI KEN THORNTON 1.. ~AH~ 0t ~~\~hU ~K~~~~~ Tenant is responsible tor, and will take good care of, the leased premises and allot the property in and around the leased premises. Tenant agress to pay tor any damage caused by tenant, tanant'a family and tenant's gussts. Tenent agrees to turn over possession of the leased premises to landlord when the lease ends. 15. LANDLORD'S RIGHT TO ENTBR LEASED PREMISES Tenant agrees that lendlord and landlord's repre.entatives have the right to enter the leased premises at reasonable times. Landlord and landlord's representatives have the right to in.pect, to make repairs, to do maintenance, and to show the leased premise. to others. 16. UTILITY SERVICES Landlord and tenant agree to pay the charges for utilities and services supplied to the leased premises as follows: Charae or service: Television cable Electric to premises Water service Natural Gas Refuse collection Lawn maintenance Snow and leaf removal Sewer charges Parking fee Pest Control charge. Landlord has the right to turn service to the leased premises maintenance. Paid b:L;. Tenant Tenant Tenant Tenan t Tenant Tenant Tenant Tenan t Tenant Tenant off temporarily any utility or other in order to make repairs or do 17 . GOVERNMENTAL POWER OF EMINENT DOMAIN Eminent domain is the legal name for the right of a government such as the state or county or city to take private property for public use. The government must pay fair compensation to anyone who has any right in the property that is taken by the government. If all or any part of the leased premises (or the building within which the leased premises is located) is taken by eminent domain, this lease will end automatically. Landlord and tenant agree to release each other from any responsibility because leased premises is taken by eminent domain and the lease has ended. lB. VIOLATIONS OF THIS LEASE WHEN EITEER LANDLORD OR TEIlANT DOES NOT DO SOMETHING THAT TIlEY HAVE AGREED TO DO, IT IS A VIOLATION OF THIS LEASE. IF TENANT VIOLATES THIS LEASE, LANDLORD CAN SUE TEIlANT FOR EXPENSES AND MAY SUE TO EVICT TEIlANT. .\ EACH TENANT SHOULD NOT SIGH THIS LEASE UNLESS EACH TENANT HAS READ AND CLEARLY UNDERSTANDS THE INFORlIATION IN THIS SECTION ABOUT LEASE VIOLATIONS. '" THIS IS A JOINT AND SEVERAL LEASE THIS IS A JOINT AND SEVERAL LEASE. THIS MEANS THAT ALL THE TENANTS AS A GROUP AND EACH OF TUB TENANTS AS AN INDIVIDUAL ARE RESPONSIBLE TO LANDLORD FOR ALL OF TUB AGREEllEllTS OF THIS LEASE. FOR EXAMPLE, IF TEE RENT IS NOT PAID, LANDLORD CAN SUE ALL OF THE TENANTS (JOINTLY) FOR ANY UNPAID RENT. OR, LANDLORD CAN BRING A SUIT AGAINST ANY ONE TENANT SEPARATELY (SEVERALLY) FOR ALL OF THE UNPAID RENT. ~ I TENANT VIOLATES THIS LEASE IF TENANT: 3) 4) FAILS TO PAY RENT OR OTHER CHARGES TO LANDLORD ON TIME OR. LEAVES (ABANDONS) TEE LEASED PREMISES WITHOUT THE LANDLORD'S PERMISSION BEFORE THE END OF THE LEASE OR. DOES NOT LEAVE THE LEASED PREMISES AT THE END OF THE LEASE OR, DOES NOT DO ALL OF TEE THINGS THAT TENANT AGREED TO DO IN THIS LEASE. A __lj 1) 2) o IF TENANT VIOLATES TIlE LEASE, EACH TENAllT AGREES TO WAIVE NOTICE TO QUIT. THIS MEANS THAT TIlE LAllDLORD MAY PILE A COMPLAINT IN COURT AS~ING FOR AN ORLER EVICTING EACH TlDlANT FROIl THE LEASED PREMISES WITHOUT GIVING EACS TENANT NOTICE TO'QUIT FIRST. LANDLORD DOES NOT HAVE TIlE RIGRT TO THROW TENANT OUT OF THE LEASED PREMISES (SELF-BELP EVICTION). TIlE LANDLORD CAN ONLY EVICT TENANT BY COURT ACTION. THE LANDLORD DOES NOT RAVE THE RIGHT TO SUE IN COURT FOR EVICTION UNLESS A TENANT RAS VIOLATED THE AGREEllEllTS IN THIS LEASE. EVEN THOUGB EACH TEIlANT IS WAIVING NOTICE TO QUIT, EACB TENANT WILL RAVE A CHANCE IN COURT TO CBALLENGE THE LANDLORD'S CLAIM FOR EVICTION. IF TENANT VIOLATES TIlE LEASE AGREEIIEIIT, THE LANDLORD MAY SUE EACH TENANT IN COURT: 1) 2) 3) TO COLLECT OVERDUE REIlT, LATE CHARGES AND MONEY DAMAGES CAUSED BY TENANT'S VIOLATION OF THE AGRKBHENTS IN TIlE LEASB. TO RECOVER POSSBSSION OF TIlE LEASED PREMISES (EVICTION) TO COLLECT FOR UNPAID REIlT UNTIL THE END OF TIlE LEASE OR UNTIL ANOTHER PERSON TAKES POSSESSION OF THE LEASED PREMISES AS A NEW TENANT . Tenant agrees that landlord may receive reasonable attorneys fees as part of a court judgement in a lawsuit against tenant for violation of the agreements of the lease. 19. OTHER AGREEllEllTS BETWEEN LANDLORD AND TENANT Landlord and tenant agree that the following additional agreements are part of this lease agreement. 1) CHECK-IN AND CHECK-OUT PROCEDURES 2) RULES AND REGULATIONS 3) COMMUNICATION AGREEMENT BY SIGNING THIS LEASE AGREEIIEIIT. EACH TENANT AGREES TEAT THE TENANT RAS READ AND UNDERSTANDS ALL OF TIlE AGRImIlEIlTS IN THIS LEASE. ~~ THOMAS S. MITROS AGENT FOR THE LANDLORD RE/MAX HOMEFINDERS 115 E. KING STREET SHIPPENS3URG PA 17257 SIGNED BY LANDLORD, tiATE: 3/16(, . , SIGNED BY TENANTS, DATE: .' '~:~~~ DATE: 3/. ~ //', -f?- ~;~;.L;~~I:'-'- . DATE, DATE, .s( r -I1J;~A~h/.---oATE: DATE'~ ~C LE y ~ :~EDERIC WE ()~ fl........ ~.:;AM PALMERIO DATE: 3/ S- 1vt~ ~,.v. DATE, ~ /,..!,:' I 0 K -L-ft- -41 ~.. DATE,:ilL J;n,'"-p'?7vll "{,I FIORELLI DATE, ---- DATE, DATE, .' N " DATE, / DATE: DATE, DATE, Jot! Cl-lR ~ <;TMA~J A-? .3li- , .If f1- #- .i/5- .~ "11'1 i~~-27-'T .A~ lelee ~EMAK HOM.~IHD.~. - T I 7:18248.e ~..2 Summ..,. of Rep.lrt-T....t De...," 11) Middle Sprinc AVetlue, S11lppclllbuJl, ::a." 17157 Lc.m: March 1,1996. M.y 31, 1!>96 , '......-...1--------....-. DELINQYENT UTILlTlES Waltr ADd Sewtr UapaJd $ 1.4~~ 46 REPAIRS lltfrlorillllfrior noo.. 12 K wikJet Locbcu, Interior Door Reinforcer Door OoscnJPanic Hanl,,~ 6 KwWct Lotkscts, Exlenor RtpIlced 12 Interior Doors 3$2.30 16.95 989.73 149.59 2.000.00' 600.00. 10,249.50' Wladow, WallllCdllap ftoomC Palatlac: , Tear Up D~ PIoorinl RqlI"""""'1 Carpel Malcrial &: Labor 500.00' '.4'0.00 2,933.32 760.71 IUpair LcW Oear C1ot~ Toilcu Shower Jl.cpaIr/llrQbq ToiIcI R.cpa.ir ToilctlllhllwaslLavs 22.00 22.00 151.., 187.87 DOCUMENTAll0,,! I DocIDaa1taUOD ErpelIdItam I'lloIOanplu (40) JISl'J6 I'~SuptMJiOn . I'boIoanplu (j') 1II11l1~ '0.00 1,078.51 '3.'2 kLa:C-I'KJ('AL : . Ueclricll Exhaua fllllllllOUlnlbladesjlllulbs ~,,"dlllll'lasIilaIbs . i<wah wirinJ rc:poin lib.3\) i.tiY2.1:S 423.10 CLEAlimG I Celina! CinWal_ Tra.a ~aI ~ L.Lu. UUMJ\'jl~ OWIiw7W1 \ill , DIW~ rea nwi :;';'r~~, ~~CU\U CUO"'Up l,iiO.02. 1,545.75 1,.". .".O"t ..... ^.. JVV vv TOTAL TENA1'l'"T DAMAGES: I . 533.447.07 ~ ran of lulU ill...;'. ~x NI8IT.8 MnR-~t997 I~:t~ 7t7S3:!4300 93:: P.3:! 'J' SH~HIVF'S RETURN - OUT OF CUUNTY CM,E NI): 1')'J'!-1.?251:J P CllMMIlNWEAI.TII IlF 1'~:NNSY1.VANIA: CIlIINTY IJV CUMHI.:rlLAND SII r 1'1'!':NSHUlllj 1 IN I Y~:I1S lTY FIIIJND<l YS. Il^,,:1.I THIlMAS r; 1.:'1' AI. Il. Thom;Js K1lne . Sheriff. who Delng duly sworn accordlng to law, says. that he made a dlllgent search and inqulry for the within named defendant, to wit: TII.I.EY MAIlK ~; but was un;Jbl~ to locate dmputized th~ sheriff of Him tn his balliwick. He thermfore U:lllljH CUUNTY _ County, Pennsylvanla. to servm the within CUMPI.AINT On June 21th. 1'J':1'1 . this offlce was in recelpt of thm attached return from 1.I.;lIl1iH CIJIINTY County, Pennsylvanla. :';hf?riff"s Costs: IJoGket. tng (Iut of County Surcharge lUll GII COUNTY "'.01.'1 ':1.00 2.00 :.1].00 ~. 00 PALl.: 511UGJlAHl JH. (16/24/ J ':197 :jo;Jn~ ,./ L/~ .-;::/ :? . <-,/~d'.f ./2' HI lomas .1n12. 5her~fl S....nrn ond suh:;t~rll)l'?d -)0 hrfore me t,hlS ..t~L1: d~y 01 '1.....,...'-- 1 Y It., A.I.I. "~ 1""1 t, {:. Ill-d.':., A.l,"(:;" J Prothonotary 111 1 l1e LOlll'l O( LOl1\1I1011 nca~ O( LlIlIlLJCnallU LLJlIlIl), rCIIII~)I\:Il\1;( r. Shippensburg University Foundation, Inc; \'5. Mark E. Tilley No. q7-?~41 C;vi 1 Tf'rm 19_ Now. M"y 11. Lehigh 1997 19_.1 SHERIFF OF CDIBERLA:'iD COI::"TY, PA do her,h~' deputize the Sh,rilTof Coun~' 10 "ecule this Wril. Ihis deputalion heing made at lhe request and risk of lhe PlainlilT. ,.,.., /-/~ fi. rY'':-I',..,.,r.,.~~c /' ~ ~"'''- ~..../ . SherilTofCumberland Coun~. Pa. Affidavit of Service :--;OW, A- \1. !en cd tbe I J /' f , , b~' handing to attested copy or the original . ~ .', " \, f (" th, conlenls tbereof. a true and and mJde knonn to Su ans\\ers. //\ (.,:;-1,~....~. " , , . ,;'/ ~--~ '-'~ ShcrilT of Lllli'J L__ Count~.l'a. COSTS SI\orn :Jnd ~.Y..\11.crihctl h~rt)re ~ ~(~ C~ of ~I \r, y r~L7 ! ) '/'1.( . I _ L " . SEIH'lCF. S \11 I.L\I; E .HFIIl\ \IT N':. ,AHIAl S< .;l C~:-:'ll . r""TA~ '''-. .... ,:" ,,'0 'J-' .,.p b' C ' .11" UIC M:1Y ul """I:I')\';n. lO~IJ:1 :-'~:'''ty. PA y Comm';;'10n Expires Jan. 13. 1998 ~ , ~IILI, 1 n' S 111-1 ulm - OUT OF ClIUrrry I;^SI.: flU: l'J')I-Vl~",1 J P 1;IIMMiJNW~:^I.'J'I1 I W I'I':UU:;VI.V Ml (A: I;IJIINTY UF CUMIII':JlI.ANI) :-;IIIJ'J'I':N:jHlJllI3 IIU (VI-:Jl~ [TY FUIJNI)A VS. ~M:I.1 THUMA:; c n AI. _1/. Thomas K\1 nE' , ShE'rlff, who belng duly sworn accordlng to law, says. that hE' made a dillgent search and lnquiry for the wlthln named defendant, to wit: VILlIH:I.Ll JUNATHAN A but was unable to locatE' Him 1 n his ball tWlck. He therE'fore d~putized the ShE'rlff of I))'::"'AWARE CUIINTV County, Pennsylvania. to) serve t.he wlth,n CL1Mf'I.AIIH On June ,~1th, 1 ')9'/ thlS offlCE' was in reCE'lpt of the attached return from n;':I.AWAllf: CI)UNTY County, Pennsylvanla. :';I1",,>r1ft's Costs: nQI~kl?~. ; f1q lIut of County ~"';urcharge P['I,AWAlle COUNTY h.\'llll '3.1'10 2.1'10 J2.00 ~. ~10 PALL SIIUGIIAI:1 JII. 06/2411 997 :'0 3n3"'~rs: //~? /, ;%: .f'~~# ~' IT: Thomas Kll~~::herlff :';.,..nrn tll1s nod sUbSI..:rlbed to br:fore me " I) )./ - day of /'''~ IY ~7_A.[l. ( ) fA. G' )It.<b'<- /Jft'i ~, Pro(hono~~IY . L1IY~W~~ ~., ~'occouNi .10(7 !..!10NT STRE!'T & ~ETEnANS SQUAnE MED~A. PENNSYLV~!!.I^-29~3,!~15l 891'4296._1, . SHERIFF SERVICE r~NSTnUCTlONS Fon SERVICE OF pnOCESS You muo! h'.ono PROCESS RECEIPT. and AFFIDAVIT OF RETURN l1;'N;t~~'asthc~~~o;o~~;: drlent1lnl Ploase typo or pllnl loglblV I Pl~lNTIFF/SI - --~----- R COURT NUMOER Sh1ppensburgh University Foundation Inc.' -- 97-2~ Ci~~l Term i"oEFENDM.iTlSj__n_- - .i TYPE OF-WRIT-OR COMPLAINY- - - - --~- Toma~_c::--,-~aelin et a,l" ' 'p_,_ ., n _ Complaint SERVE {__~_N;;;~ 1;~I~~UA~ ~O:~;Ai:.~~R;~? T.:_N. ET~: 1_0 ~ERVICE on DES_CR_IP_~IONOF PR~PERTYTO_:~ LEVIED, A-TTACtIEO"OH SOLO -. 6 ADDRESS (SHetH or Rfo, Apilflmenl No. CIty, Boro. Twp, St,lle ilnd lIP Code) ---- - - . -- --- - .. --- . A!.....__JBLGlen~ills !ld ._,-Glen. I"HIls I PA 19342., ',IN,o.',C.^TE U~~~~l,,!En~~C~,CJ.R"c;-"AU:1Il0EP~r!z.. tJ POST tJ.<JTHER_ Cumberland_ _, N?~\-Hay 11 19 Q7 .1.SHERIFFOFIIlR~COUNTY.PA..doher yd utizelh~Sheriff 1 .DJ::....LdWn rp County to execulc this Writ n thereof ac . 10 law. This deputallon being made at the request and risk 01 the plaintiff. ._ :,"11111' (If OttAWA (:, j ~ 8.- sPEcl-AL1NsTRuciioN"S OR-OTHER-INFORM-.TION THAT-WILL ASSIST IN EXPEDITING SERVICE ----- ------- - - . -,-'. --------.- .... . .._-- InVOice No Amount Pd Dock.et JI Deputy Sheri" /675'~-g f~ Lj/ /?Y< Page ~4~-a' NciT-E~O-NLY-A-PPLICABlE-ON WFUr'-OF' Exic'UTION: N-,'O. WAIVER OF WATCHMAN - Any dt,'puI'" shefdl revYlng~-t~p;~-~ allach;~ganv -P-~P~;l:" ~~d-~ "'Ilhm Writ may leave same WIthout a walchman, In custody 01 whofll('ver I~ lourl,j In posseSSion, allef nolilymg person 01 levy or attachment. Without habll.ty on Ihe pari OI_S_l~c:~A(!P.u~~.?~ 1!J1l s_h_e_rlll__~~!lnt pl,lmli!' h('lf'm lor .1ny loSS dl'SlluctlOn 0' (emOY,l! 0' .W)' SllCh properly~!ores~el_,"_'~sale ~e~l!o~__ 9'-PRINTfTYPE NAME AND ADDRESS OF ATTORNEY/ORIGINATOR 10. TELEPHONE NUMBER . t. DATE, 12. SIGNATURE SPACE BELOW FOR U E OF SHE IF ONLY 13 I ackno....ll.dge receipt ullhrl "'!II t SIG ~~E 01 , ". , ,,' I",~ ,U111 TIII(' or complaint as m(j,cah'll abu.'l' r /I'~' ::: ,t TO BE,cOMPLETED BY SHERIFF '16 Se"edilndmadeknownlo .:::JlJv~;rrfl{!Jv /l. rl()~I3LLI onlhe ,.23- "cAd.wof, . .1X' ,1997 al ",-.;77/ p,lt. 'P~~ s..s Common....ealth 01 Penns)'IVanl.l In the manner desclltJed below o Oelendanl(S) personally served o AduH f,lmlly member Wlltl .....tlOm Sillll Oelt>nd,lnl(s) resldl'(s) nela!low,tllp 1'- o Allull In chalgt~ of Oeli.'flltml ~ It'Sld"rlCI" , , . o ~'anaqcr Clerk of place 01 (odqlf1~J III Whll:tl Ol'lenrl;lnIIS) leslljt'ls) o Agent- or pt'fSOn In ellalgl' of Ot"t'nl1I'll~, (lll'll' 01 ti<;lJdl pl.\Cl' 01 11lJSIIlt'SS o ,111<1 ull'(I'1 ut <;,lId (1l'll'lld.Jnlll!P1P,I'1)' //,35" , Delen~nl(S) oclock, _ __# M, Slrcet, County 01 Delaware . Hl)f'E- Skl.1>tMo~lE. o Other On the d.l'i u' O(,lendanl nollound beCll,<," o Movt'(j 0 Unl..n,.N.f' 19 <II OClock M [] Ntl Ar"-.....l'f OV,Kil[ll OO'~.>r np.,1A!~KS nETullNED ,-'UN 1 A lS97 . """'.'jf''''.' ........... 1~1'~! .') 'h.'j , -. /\-I...--~. n /' .' \J\:it LL(LI.(:, , ,(l0.IUi ''-- " " SO ANSWER ., ;'::;;';4'~' ~~.- ........ '-.. ' . . 'J~ /.t...- .":.. SHERIFF ~;~E~AWARE COUNTY " ''''5"/;,3/'17 ,'..l,'P ....y lllll,H,Ii',',I( \,~ f U'lq! .-11.\CIo,}i\'\\lt[l,,[ I1r,:II.'1 1 I"f SHERIFFSRETUnNSIGNATURf- ,H AII!t1"HI.'f r I -. 1;"1'. .\II!" ".!, .H,:' 11'11 ,'"I', ,.,..' [.A-:~~r~.Lf) i ~:-f -I .:' :\~'I" 1'''''11 J"l""" ,I' " (10..... .. ,""t., _VI _ _'_ " '. .'~: ~ 1,1-.." SHI.:rn FF' S Ilr:TUrm - OUT OF COUNTY CAS~: IHJ: l'J~'!-i-?251:J P CllMMONW~:AI.TII IlF P~:NNSYL V AN LA: CIlIJNTY IlF CUM IlERLAND SIl (J'I'EN:;HIJIlI, IJN l VEllSHY FUUND-i VS. IlAI':I.l THUMA:; C 1.:'1' ,~r. .Jh Thomas K I i.ne . Sheriff, who being duly sworn according and inquiry for the with1n to law, says, that he made a diligent search name:-d defendant, to "it: I'AI.MERIiJ A[IAM J but was unabl~ to locate deputized the sheriff of H1m ln hlS baili.w1ck. He therefore DELAWARE County. Pennsylvania. to serve the "ithin COMPLAINT On June ::?1th, 1'39'7 , this office vas in receipt of the attached return from D~:LAWARE County, Pennsylvania. Shr:>riff's Costs: Dock~Ung (Iut of County Surcharge ~,. 00 .00 2.00 So answ;,:,s ;;/ ~. ~g;:,../,A'./ /(,.;// ';AF;r" -~ rl'-- ~--'t'" I~.. . homas Klllle. Sherlit Stl. 1/110 PALl. SllUGIIAln JH Ql(,/24/1'3'37 thes \lnd a::.S1Jb:;c:ri.fH?d )to hClforf? me .)y- . d~y at \_ .....1.\.."-- :.;WfJrn I Y 'i 7 A. D. .-Lu.... c... I~~t.- . L~'l If I Prothonotary , sHER1F1!'~'D~PA~rMENT I d~. ~,j) "'O::h:.d"nE COUNTY L. _~()NT S~~ET & VETEnANS SQUARE. MEDIA. PEN~~~':A~I.^-'906J .13.15) 89!.4296 ~___~___ SHERIFF SERVICE I'NSTflUCTlONS ran SERVICE OF PIlOCESS You mu5\ "r. 0", PROCESS RE~~.IP-':!... ~n.~ AFFIDAVIT OF RETURN O~I~J~tg~~Bstho~~:o~o~~: d('h,"d~nl Ploaso lypo or prlnlloglbty 1 PLAINTIFF/SI -.. ~--- - ~-C6UrlTN~UM(II:R----.-----~-n .---- Shippensburg University 7oundation Inc. 97-2543 Civil Term jDEFENDA~NT/S'I-- . 4 TYPE OF WHIT on COMPLAINT Thomas C. Baeli et al Complaint SERVe--"{'- mS'-NAME O""INO'IVioUAL, CUMPM~Y, COIIPOf1A T ION. ETe TO !;rIlVIC( 011 nESCJlIPTION or pnOl'tRTY TO UE l [VIED.ATT ACtiED on'SOlD ~ Adam J. Palmerio ..,... . - 6 'ADDRESS jStu;el or RIO. Apartmont No, C11r.lloro. T\'Op SI~111' .111(1llll Codl'l AT 16 North Malin Road, Broomall, PA 19008 --.---... ...- -'" 7_~~.EIC~~_~_U~USlJ_A~ SE_~~I_~_~ _ D_~EG ~.All 0( DCPUTIZE 0 pos~ 0 OTHI{1umbe r 1 and_ Now. Mal'---l-J 19 -9_1__. I, SHERIFF OF 1Il1l~ COUNTY. PA" do hereby depullzelho Sherlll of _-Del.aWArp County to oxocute thiS Wn~and ~r~uan thereo~a:c~ 10_1~~.~T~~~ ~.~~_~_t~~~~n _ b~!.~~. ~~?.~.~t Ule request and rlSkO'. the plalnhfl. _ - ,. .....~ ~:=-"-~Af_ .n- ~.~_ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING S VICE Deputy StwlIlI In~Olce No Amount Pd Docket. /Y7ys-c? 'If....7"L/. C"t7 /~ P,'g. o.!~ - NOTEO-NlY-APPLICABLE -ON WRIT Oi-EXE'CUTION; N.8."WA-IVER-OFWATCHMAN _ Any- dt'llllly ~t1erllll"~Ylng upon 01 allachl~\J .1ny p;'-pe;ty ~l~~~ wllhln Writ may teilve same wlthoutil walchman. In custody of whome,'er 15 lound HI p05Sl'SSlon <lIter nOlilymg pl'fson oll,,~y or allachmenf, wllhOlJt lIahillty on the p_arl o~ _sl~ch~_':P!J~Y .':>r I_he shefl~1 ~o _any plilm_tlll her~ln lor an~ loss, destruction or H'1ll0Y,11 ul any SuCh r1Ilp{'IIy belore shelllls sale Ihereol 9. PRINTITYPE NAME AND ADDRESS OF ATTORNEY/ORIGINATOR 10. TELEPHONE NUMBER t1. DATE 12. SIGNATURE 13 I ,1cknowl{>dge reCl!lpl ollne wrll I Of Campl,lm! as mdICall'(j .lho~l' SPACE BELOW FOR USE OF SH 51 ~ti,)fCIl'r~,Hidr,!Il' 1) ".(."",,,,,,,.....'"''9"''''' .. ,Oelcndanl(S) o ctod" P M Slre!!I, County o/Delaware ~- TO BE COMPLETED BY SHERIFF J', '/lL,"~"O M."l-:-' 16 Served and mil?} known 10 __ I~P1.'!1 on 1I1e _________ --,1~1-____ _.. __ day 01 _ ., SA i D 111)".,/,41 .."o.ft- .:> 19 '97 a' Comnlonwpalth 01 Pennsyl"anIJ_ 10 the lTlilnnL'f de~crlbt'Ll twlllw ti Defendant(51 personally servCl1 tJ Adult family member With "horn salrj Oef('nll,Hltl~'1 rpSI(!t'I"1 nl'l,1!I!H1<,tll(ll<' o Adult In charge 01 Dclend-.tnls IcslJl'IlCe ....11\) rt'fu<,c(llo QI',.' I\,tlll!' 01 ft'LII!un~Jlllp o Manager/Clerk 01 place 01 lodging In ......hlch Defl!Jl(ldlll(SI r(>sJclp(':>I o Agenl or person In char<;l' 01 Dtdt'fHlant ~ (l!IICt> Of Il~llal pld(!' ul h\l~ln"s~ o anrl offtc!'r of S.11d Dpll'n,1.lfll COIll11,Hl',' o Olher On the day 01 Dplendant not found because o Moved 0 Unknown 19 oclock ." ~1 ONo Ans.....'r o V,ll,ll1l OOlhl'r RE MAR KS RETURNED J\IN o <1 'f11f --"/,~~ 1, AFF UlM[[l ,\'111 SlJt'~(lll>I'llo t"'!I1ft' 1"1" 1~,~ ~I,. c" "",01 ?l,t(;-:. ') 1/ II /7 " \.G.LULt iLl. '. )/(.t..LLLi '<-' ',',.,' T SO ANSWER ..."R~-'II6.. __ tJ;c,;\... L).~ SHERIFF OF DElAWARE COUNTY 1~ t' ,'" ~ ' '\ ~':.~~"51 ';'J'_'" .1','.. I,n- UH.'~1i';;,IlIN I ).I'i!l('~ .'~ IA(~Nll\"ll[l(.ll'(nll': \11 ;"1 SHERIffS RETURN SIGNATURE OF A11!H,lhl:f[11'-I'I',I;A(.I'h;',I;, .\'.' , Jil,! -.:-,',.1.,.".,_. NOT ARIAL Sf AL KA HiL[ Ul [ M~l !U( ""l;t.~IY P~lll.r "AeJ.,1 fi,)r(J'.'Jh W,lI",I'''' (,l \111" -"L.0:?~~~..I" I '(J.f~" ^1'r~1 ~_ ~l~ , SH~Rlff'S N~lURN - OUT or C(~N1Y eM;r: NU: l'J':l'l-v1251:l I' CIJMMUNWr:^,.TH IJf I'r:NNSYLVANIA: CIJIJNTY IlF CUMI3EflLAllD SII (1'I'r;N:3HUflI3 IJN IVr;HSITY fUUNDA VS. flAr:L r THIJMAS C r:T AL 1/. Thomus Kline , Sheriff. who being duly sworn accord~ng to law, says, that he made a diligent search and lnqu~ry for the wlthin named defendant. to wit: lil'/r;I;IJI/SK r MART CN T blJ~. was unabll"? to '-r)c~te IIt.m 1n hi= balllwick. III? I.herefore dl?put i.-,:l?d the sheri.!."f of I'll (I.ADr:I.!'II [A _ Count.y. Penn:3ylv~ni.a. to; servE' I,he wt. thin CUMPI.Alflr Un June 2hth, tl)97 , this office was ~n rece~pt of the attached return from PII (I.ADr;LPH [A County, Pennsylvan~a. Sh"riff's Costs: Docketing (Jut of County ~;urcharge PIIILADCLPHIA CO h.00 9.00 ::.00 59.00 ,. it,. l1l) PALE: SHUGIIAln JK 06126/1997 :~(l an3W....e;rs;.....,. ij' ~//' ~?' A .-;:&?/ ~. /' ,7 <<",?';>A'P'/~ E.' Thomas Kllne, ~her11f Sworn anli S\lb~crlhe(fto before me t.hlS .ll. tz. d;JY of \~-i~,tLL 1 Cl 'i) A. [1, .~ )"-'1[.J. {.' 111.<.,0<_, IU~f Proth0nolary 4. The Defendant, Jonathan A. Fiorelli, is an adult individual who resides at 284 Glen Mills Road, Glen Mills (Delaware County), Pennsylvania 19342. 5. The Defendant, Gregory L. Geib, is an adult individual who resides at R.D. 4, Box 1815, Lebanon (Lebanon County), Pennsylvania 17042. 6. The Defendant, Martin T. Gregorski, is an adult individual who resides at 5877 North 7th Street, Philadelphia (Philadelphia County), Pennsylvania 19120. 7. The Defendant, Howard P. Herbert, is an adult individual who resides at 76 North Mountain Road, Newville (Cumberland County), Pennsylvania 17241. 8. The Defendant, Patrick B. Leady, is an adult individual who resides at 32 Brenda Lane, Audubon (Montgomery County), Pennsylvania 17922. 9. The Defendant, Daniel E. Major, is an adult individual who resides at 224 Skycrest Drive, Landenberg (Chester County), Pennsylvania 19350. 10. The Defendant, Frederick W. Marlowe, is an adult individual who resides at 197 Chainsaw Road, Dillsburg (York County), Pennsylvania 17019. 11. The Defendant, Adam J. Palmerio, is an adult individual who resides at 16 North Malin Road, Broomall (Delaware County) , Pennsylvania, 19008. 12. The Defendant, Michael J. Profitt, is an adult individual who resides at 820 17th Avenue, South, Great Falls, Montana 39405-5939. 13. The Defendant, James A. Ruffner, is an Wallow Drive, Warrenton adult individual (Fauquier who resides at 7409 Bear County), Virginia 22186. 14. The Defendant, John A. Ryan, is an adult individual resides at 496 Bristol Road, Southampton (Bucks County), Pennsylvania 18966. who -2- 15. The Defendant, Jarrod S. individual who resides at 326 Egle County), Pennsylvania. 16. The Defendant, David R. Scott, is an adult individual who resides at 429 Madison Avenue, penndel (Bucks County) , Pennsylvania 19047. 17. The Defendant, John S. Smith, Jr., is an adult individual who resides at 66 Covington Drive, Shrewsberry (York County), Pennsylvania 17361. 18. The Defendant, Kenneth M. Thornton, is an adult individual who resides at 175 East Beidler Road, King of Prussia (Montgomery County), Pennsylvania 19406. 19. The Defendant, Mark E. Tilley, is an adult individual who resides at III East Fairmount Street, Coopersburg (Lehigh County), Pennsylvania 18036. 20. The Defendant, Jason F. Wozniak, is an adult individual who resides at 106 Timberlane, Shippensburg (Cumberland County) , Pennsylvania 17257. 21. Plaintiff is the owner of a charitable remainder interest in improved real property located at 26 Middle Spring Avenue, Shippensburg, Cumberland County, Pennsylvania. 22. The Defendants were all members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity and students at Shippensburg University. 23. The Defendants were tenants at the premises at 26 Middle Spring Avenue, pursuant to a written Lease Agreement which expired December 31, 1995, but all remained in possession and were served a formal Notice to Quit on February 1, 1996. 24. The Defendants entered a new Lease Agreement with the Plaintiff commencing March 1, 1996, a true and correct copy of which is attached hereto, made a part hereof and marked Schappell, Road, Bern is an adult Township (Berks Exhibit "A". -3- 25. Although Defendants Christman and Herbert did not sign the Lease Agreement, they remained in possession and are bound by the terms thereof. 26. Paragraph 4 of the Lease Agreement provides for monthly rental of Two Thousand Six Hundred Fifty ($2,650.00) Dollars per month from March 1, 1996 through May 31, 1996. 27. Paragraph 14 of the Lease Agreement provides that the tenants are responsible for the good care of the leased premises. 28. Paragraph 18 of the Lease Agreement provides that the Agreement is a joint and several lease, each tenant being individually responsible for compliance with all terms and conditions of the Lease Agreement, jointly and severally, with all other tenants. 29. Paragraph 18 further provides that tenants are responsible for overdue rent and money damages caused by tenants' violation of the Lease Agreement. 30. Paragraph 28 further provides that tenants are responsible for reasonable attorney fees incurred in any lawsuit which may be filed. COUNT I - BREACH OF LEASE SHIPPENSBURG UNIVERSITY FOUNDATION VS ALL DEFENDANTS, JOINTLY AND SEVERALLY 31. The averments of Paragraphs 1 through 30, inclusive, are incorporated herein by reference thereto. 32. When the tenants vacated the premises at the expiration of the Lease, May 31, 1996, one month's rental, the sum of Two Thousand Six Hundred Fifty ($2,650.00) Dollars was unpaid and remains due and owing. 33. Paragraph 16 of the Lease Agreement provided that tenants are responsible for utility services, including sewer and water charges. At the expiration of the Lease there remained an unpaid sewer and water bill in the sum of One Thousand Four Hundred Fifty-five and 46/100 ($1,455.46) Dollars which was paid -4- by the Plaintiff and has not been reimbursed by the tenants. 34. During the term of the Lease Agreement, the tenants caused substantial damage to the leased premises and departed leaving extensive trash, garbage and other debris on the leased premises. 35. Plaintiff has repaired the damages caused by the Defendants and removed the trash and debris at a total cost of Thirty-one Thousand Nine Hundred Ninety-one and 61/100 ($31,991.61) Dollars. An itemization of the costs of repairs and clean up is attached hereto, made a part hereof and marked Exhibit "B". WHEREFORE, Plaintiff prays Your Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants, jointly and severally in the sum of Thirty-six Thousand Ninety- seven and 07/100 ($36,097.07) Dollars, together with cost of suit, interest from June 1, 1996, and reasonable attorney fees actually incurred in pursuing this cause of action to judgme~t, an amount in excess of Twenty Thousand ($20,000.00) Dollars, and therefore in excess of the amount requiring compulsory arbitration. COUNT II - INTENTIONAL DESTRUCTION OF PROPERTY SHIPPENSBURG UNIVERSITY FOUNDATION VS. ALL DEFENDANTS, JOINTLY AND SEVERALLY 36. The averments of Paragraphs 1 through 35, inclusive, are incorporated herein by reference thereto. 37. On or about late April, 1996, the Plaintiff was advised through Shippensburg University that a student, who was to become a tenant at the premises after expiration of the Defendants' lease, stated he had heard that members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity were planning to willfully and deliberately destroy the leased premises. 38. In response to the foregoing information, the Plaintiff held a meeting with a number of the tenants, all of whom are -5- Defendants in this action. 39. Representatives of the Plaintiff confronted the said Defendants with the allegation (which was denied by Defendants) and advised them that each and every member of the Fraternity would be held jointly and severally accountable for any damage which may be caused and requested that all tenants be advised and that steps be taken to insure the property was not damaged. 40. ~epresentatives of the Plaintiff further specifically advised said Defendants that the Plaintiff, Shippensburg University and the local Police Department would respond immediately if any Defendant/Tenant contacted the Plaintiff, appropriate personnel at the University, or the local Police Department that acts of willful destruction were being or about to be committed at the premises. 41. Despite the said conference and warnings, none of the Defendants reported any acts of damage and destruc~ion being committed at the premises or requested any assistance. 42. At the expiration of the Lease, when Defendants/Tenants vacated the premises, the Plaintiff found that the premises had been substantially and deliberately destroyed by the Defendants and that considerable trash, garbage and other debris had been strewn around and about the premises by the Defendants/Tenants. 43. Not one single Defendant/Tenant made any effort to obtain the assistance of the Plaintiff or other authorities to avoid or limit the damages to the premises aforesaid. 44. Plaintiff believes and therefore aver that Defendants, jointly, by conspiracy and concerted action willfully and deliberately acted together as a Fraternity to commit wanton acts of destruction throughout the demised premises and to strew it with trash, garbage and other debris with the intention of damaging and destroying the property and rendering it uninhabitable. -6- T1U8 IS A IlBSIDINTIAL LEASE. IT IS A LEGALLY BIIIDING CcmTIl.ACT BETIIllEN (- LAlfDLORD AND EACH TENANT. EACB TENANT SIlOULD RLUl TIlIS LEASI CAU1l1L TIlIS IlBSIDEIlTIAL LEASK CONTAINS llAIVEltS OF YOOlt R.IGIITS AS A TENANT. TIlIIANT SIlOULD NOT SIGN THIS LEASE UllTIL EACH TEIlANT mmEltSTANDS ALL AGRIlDIBNTS IN TIIIS LEASE. 1. NAHIlS OF LANDLORD AND TEIlANT Name of the Landlord: SHIPPBNSBURG UNIVERSITY FOUNDATION C/O JOHN CLINTON SHIPPENSBURG UNIVBRSITY SHIPPENSBURG PA 17257 KAPPA-LAMBDA CHAPTER OF THE KAPPA SIGMA INTERNATIONAL FRATERNITY Name of the Tenants: NAME OF EACH TENANT IS LISTED ON THE FINAL PAGE OF THIS LEASE 2. LEASED PREMISES . , The leased premlses is the place that landlord agrees to lease to tenant. The leased premises is: 26 MIDDLE SPRING AVENUE, SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA 3. STARTING AND BIlDING DATES OF LEASE AGREEIIEIIT This lease starts at 12:01 A.M. on MARCH 1, 1996 This lease ends at 11:59 P.M. c:: !'.AY 31, 2995 4 . RENT The amount of rent is: $2650 each month_ Tenant agrees to pay the $1325 on or before March $1325 on or before March $2650 on rent in advance 1, 1996 $1325 15, 1996 $1325 or before May follows: on or before on or before 1, 1996 April 1, 1996 April 15, 199~ Landlord does not have to ask (KAXE DEMAND UPON) tenant to pay the rent. Tenant agrees to pay rent in person to landlord at the place specified by landlord, during the normal business hours specified. RENT TO BE PAID AT: RE/MAX HOMEFINDERS 115 E. KING STREET SHIPPENSBURG PA 17257 NORMAL BUSINESS HOURS ARE 9: 00 .~. H. - 5: 00 P. H. MONDAY THROUGH FRIDAY. 5. SECURITY DEPOSIT No security deposit ~ill ce requi:ed for th:s lease period. 6. L1J1DLORD'S DUTY AT THE START OF TIlE LEASE Landlord agrees to give tenant pcssesslon of the leased premises on the starting date of the lease. The lease will start even if landlord cannot give tenant possession of the leased premises because the prior tenant is still in the leased premises or the leased premises is damaged. IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT RAVE TO PAY RENT UllTIL THE DAY LANDLORD GIVES POSSESSION OF THE LEASED PREMISBS TO TENANT. 7. DAMAGE TO LF.ASED PRDlISES Tenant agrees to notify landlord immediately if the leased premises is damaged by fire or any other cause. Tenant agr~es to notify lacdlord if there is any condition in the l~ased premises that could damage the leased premises or harm tenant o~ others. It tenant cannot live in the whole leased prem1ses because it 1S damaged or destroyed. tenant may: 1) live in the u~damaged part of the leased premises and pay leES rent until the leased Fremises is reoaired, or, 21 end the lease and leave the leased premises. Tenant agrees that if the leased premises is damaged or destroyed and tenant ends the lease, landlord has no ~urther responsibility to tenant. ~Xfo,l($I-r "A I) . . 8. INSOIlANCE ~ Landlord agrees to have insurance on the building where the leased premises is located. Tenent's own property is not insured by landlord's insurance. Tenant is responsible for tenant's own property that is located in the leased premises. 9. ASSIGNMENTS OR SUBLEASES BY TENANT ASSIGNMENT (OR ASSIGN) is the legal term for a transfer of the lease from the tenant to another person. This other person then becomes the landlord's new tenant and takes over the lease. Tenant agrees not to transfer (assign) this lease to anyone else without the written permission of the landlord. A sublease is a separate lease between the tenant and another person who leases all or a part of the leased premises from the tenant. Tenant agrees not to lease (sublease) all or any part of the lease premises to anyone else without the written consent of landlord. Tenant agrees that if tenant transfers this lease (assi~5l or leases all or a part of the leased premises to another (subleases), tenant has violated this lease. 10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE Landlord is responsible for all damage to property or inJury to people caused by landlord'S (or landlord'S representatives) intentional or negligent acts at the leased premises. TENANT IS RESPONSIBLE FOR ALL DAMAGE TO THE LEASED PREMISES AND INJURY TO PEOPLE CAUSED BY TENANT, TENANT'S FAKILY OR GUESTS. Tenant agrees that landlord is not responsible to tenant, tenant's family or guests for damage or injury caused by water, snow, or ice that comes on the leased premises unless landlord was negligent. 11. USE OF LEASED PREIilISES Tenant agrees to use the leased premises only as a residence. Tenant agrees to obey all federal, state and local laws and regulations when using the leased premises. Tenant agrees not to store any flammable, hazardous, or toxic chemicals or substances in or around the leased premises. Tenant agrees not to do any activities in or around the leased premises which could harm anyone or damage any property. Tenant agrees that tenant will not allow more than 19 (nineteen) people to occupy the leased premises without the written permission of landlord. Tenant shall have a right to invite to the leased premises, for a reasonable period of time (not to exceed fourteen days without the written consent of landlord) guests, family, or visitors so long as his obligations as a tenant under this le~ses are observed. 12. RULES AND REGULATIONS Tenant agrees to obey all rules and ~egulations for the leased premises. If tenant violates any rules or regulations fo~ the leased premises. tenant violates this lease. 13. LANDLORD'S RIGBT TO MORTGAGE THE LEASED PREMISES (SUBQRDINATION) Subordinate and subordination are legal terms that mean that this lease does not have any effect upon the rights of the landlord's mortgage company. In other words. tenants rights under this lease are . subordinate to landlord's mortgage company. It landlord does not make the mortgage payments, the mortgage company may have the right to end the landlord'S ownership of the leased premises. If the mortgage company sells the leased premises at a mortgage foreclosure sale. the lease may end. Tenant agrees that landlord has the rlght to mortgage the leased premises. If landlord has a mortgage on the leased premises now, or if landlord gets a mortgage in the future, tenant agrees that this leaee is subordinate to the lendlord's mortgage. A -j LAllDLORD : TBNANTS : SHIPPENSBURG UNIVBRSITY FOUNDATION KAPPA-LAMBDA CHAPTBR OF THB KAPPA-SIGMA INTBRNATIONAL FRATBRNITY LANDLORD AND TENANT AGRBB THAT THB FOLLOWING ADDITIONAL AGREEMENTS ARE PART OF THB LEASE: I. RULES AIID REGULATIONS FOR 26 MIDDLE SPRmG AVENUE SHIPPENSBORG TOWNSHIP, ctl)lBERLAIID COllNTY', PENNSYLVANIA. TBIlSE ROLBS AIID REGULATIONS ARE FOR THE SA7ETY AIID CONVENIENCH OF ALL TEIlANTS. 1. Tenants leased premises is supplied with a heat source as part of the lease. If the heat source fails or there is not enough heat, tenant shall notlfy landlord. Tenant agrees not to use kerosene heaters or electric space heaters or any other portable heaters without the prior written consent of landlord. 2. Tenant will not make any alterations of the leased premises without the prior written consent of landlord. 3. Tenants agree that waterbeds or any other liquid filled furniture are not permitted in the leased premises. 4. Tenant shall not disable the smoke detectors or other fire warning or fire protection devices. Tenant shall notify landlord if a smoke detector or fire warning or protection device is not in working order. 5. Tenant shall pay a service charge of twenty dollars ($20.00) if a check given to pay rent is returned for insufficient funds or other cause within the control of tenant. 6. Tenant agrees that tenant will not keep any pets on the leased premises. Tenant agrees that tenant will not allow tenant's family or guests or others to have or bring pets onto the leased premises. 7. Tenants agree not to install any air conditioners in the leased premises without the prior written consent of landlord. 8. Tenants agree that no parties will be held on the leased premises without the prior written consent ot landlord. 9. Tenants agree that the basement of the leased premises is for the exclusive use of tenants only. Tenants will not permit any visitor or guest or any other person under tenants control to enter the basement area of leased premises without the prior written consent of landlord. Tenants agree that under no circumstances will the basement area be used for occupancy or entertaining. 10. Tenants agree that if parking is available it is for tenant's convenience only and is not guaranteed by landlord. II. COMMUNICATIONS AGREEMENT 1. For the convenience of tenants and landlo~d. and to facilitate a s~ooth and reliable channel of communications. tenants agree to provide in writing the name, street address, mailing address, and telephone number of an individual who will serve as the tenants agent for any routine communications between tenants and landlord. Tenants agree that tenants agent will reside in the leased premises during the term of the lease agreement. The tenants a~~t.,i,s..:tJJ Anrlu '2(1rP;(j~ address: ~ (!!1~fgl_~~A,Jj /f,4. telephone number: ~ 1-1/-551 2. Tenants agree to provide ten (10) days advance written notification to landlord of any change to tenants communication agent identified in item 1 above. 3. Tenants agree that any routine, non emergency, communication (for example; schedulinq showinos of the leased premises. reporting the need for minor repairs to the leased premise., etc.) necessary during the term of the lease agreement, both oral and in writing, will occur between tenants agent and landlord or landlord'. agent. /1.....'7-- III. CUCIt IN AND ClIIi:CIt OOT PROCED!JUS A. cia:CI: IN PRClCmlOUs 1. T~nants ana lana10ra will both be in possession ot at least one key tor each lock on leasea premises. 2. A set ot 36 (thirty sixI photographs are in the possession ot both 1 anal ora ana tenant showing the conaition ot each room in the premises, the exterior ot the resiaence, ana other areas on the leasea premises. Both tenant and lanalord agree that these photographs represent the condition ot the premises at the start ot the lease period. 3. Within tive (5) days ot taking pOssession of the leased premises under this lease agreement tenant will deliver in writing to landlord a list ot any additional items tenant wants to inclUde as evidence of the condition ot the leased premises at the start of this lease agreement. ~. Within five (5) days of receipt of any list as described in paragraph three (3) above. landlord will inspect each item on the list and verify the condition. If necessa=y landlord will take additional photographs. Landlord will retain one copy of each photograph and within ten lID) days will deliver one copy of each photograph to tenant. Both tenant and landlord agree that both tenant's list and the additional photographs represent the condition ot the premises at the start of the lease period. B. CBECIt OOT PROCEDURES 1. At the end ot the lease periOd each tenant will provide landlord 'with a torwarding address where tenant can be contacted. 2. At the end ot the lease period tenant will return all keys to the premises to landlord. If all keys issued to tenant are not returned at the end of this lease landlord will bill tenant for the cost ot a lock change for each lock for which tenant did not return a key. 3. Landlord will compare the photographs and tenant's list documenting condition ot the premises at the beginning ot the lease agreement with the condition of the premises at the end of the lease agreement. It there are damages to the leased premises tor which tenant is responsible tenant agrees to compensate landlord for the cost of making repairs. 4. Landlord agrees to provide tenant with an itemized bill tor any lock change or damage repair done to the leased premises within thirty (30) days ot the end of the lease period. Tenant agrees to pay the bill received from the landlord within ten (101 days ot receip~. BY INITIALING THESE ADDITIONAL LEASE AGREEMENTs, EACB TENANT AGREES TBAT TENANT BAS READ AND UNDERSTANDS ALL OF TBESE ADDITIONAL AGREEMENTs AND UNDERSTANDS TBAT THESE ADDITIONAL AGREEMENTS ARE PART OF THE LEASE. LANDLORD: SHIPPENSBURG UNIVERSITY FOUNDAT:ON THC~~S S. MITROS AGENT ,OR THE LANDLORD TENANTS: MARK TILLEY JASON WAZMAK JOHN S. SMITH /1fl FREDERICK MARLOWE ADAM PALMERIO ~~ ANDY RUFFNER DAVID SCOTT DANIEL MAJOR ~.RTIN GREGORSKI ~ MICHAEL PROFITT TA;.! BAELI JOHN RYAN JCN FIORELLI KIN TlI0R1lToN PARTICK Tanant is responsible tor, and will take good care of, the leasea premises and all of the property in and arouoa the leased premi.e.. Tenant agrees to pay for any damage caused by tanant, tanant'. family ana tanant'. guests. Tanant agrees to turn over possession of the leasea premises to landlord when the lease eoas. 15. LANDLORD'S RIGHT TO KNTKR. LEASED PREMISES Tenant agrees that landlord and landlord', representatives have the right to enter the leasea premises at reasonable times. Landlord and lanalord's representatives have the right to inspect. to make repairs, to ao maintenance, ana to show the leased premises to others. 16. UTILITY SERVICES Landlord and tenant agree to pay the charges for utilities and services supplied to the leased premises as follows: Charae or service. Television cable Electric to premises Water service Natural Gas Refuse collection Lawn maintenance Snow and leaf removal Sewer charges Parking fee Pest Control charges Landlord has the right to turn service to the leased premises maintenance. Paid bv: Tenant Tenant Tenant Tenant Tenant Tenant Tenant Tenant Tenant Tenant off temporarily any utility or other in order to make repairs or do 17 . GOVERIlHENTAL POWER OF D1INENT DOHAIN Eminent domain is the legal name for the right of a government such as the state or county or city to take private property for public use. The government must pay fair compensation to anyone who has any right in the property that is taken by the government. If all or any part of the leased premises (or the building within which the leased premises is located) is taken by eminent domain. this lease will end automatically. Landlord and tenant agree to release each other from any responsibility because leased premises is taken by eminent domain and the lease has ended. 18. VIOLATIONS OF THIS LEASE WHEN EITBER LANDLORD OR TENANT DOES NOT DO SOMETHING THAT THEY HAVE ~ AGREED TO DO, IT IS A VIOLATION OF THIS LEASE. IF TENANT VIOLATES THIS LEASE, LANDLORD CAN SUE TENANT FOR EXPENSES AND HAY SUE TO EVICT TENANT. EACH TENANT SHOULD NOT SIGH TBIS LEASE UNLESS EACH TENANT HAS READ AND CLEARLY UNDERSTANDS THE INFORMATION IN TBIS SECTION ABOUT LEASE VIOLATIONS. ... THIS IS A JOINT AND SEVERAL LEASE THIS IS A JOINT AND SEVERAL LEASE. THIS HEANS THAT ALL THE TENANTS AS A GROUP AND EACH OP TBX TENANTS AS AN INDIVIDUAL ARE RESPONSIBLE TO LAll!lLORD FOR ALL OF TBX AGIlEDlENTS OF TBIS LEASE. FOR EXAlIPLE, IF TBX RENT IS NOT PAID, LANDLORD CAN SUE ALL OF TBX TENANTS (JOINTLY) FOR ANY UNPAID RENT. OR, LANDLORD CAN BRING A SUIT AGAINST ANY ONE TENANT SEPARATELY (SEVERALLY) FOR ALL OF TBE UNPAID RENT. ~ I TENANT VIOLATES THIS LEASE IF TENANT, 1) 2) FAILS TO PAY RENT OR OTHER CHARGES TO LANDLORD ON TIMr OR, LEAVES (ABANDONS) TIIZ LIlASED PRDlISES WITHOUT TBJ: LANDLORD'S PEaHISSION BEFORE TIIZ END OF TBJ: LEASE OR. DOIS NOT LEAVE TBX LUSID PREIIISES AT TIIZ END 01' THI LEASE OR. DO~S NOT DO ALL 01' TBX TBINGS THAT TENANT AGRIID TO DO IN TBIS LEASE. A--L) 3) 4) Ir TENANT VIOLATES TI!lI: LEASE, EAca TEIlAIIT AGREES TO WAHL liun.... 'v wuu. TBIS DANS THAT TIlK LANDLORD KAY FJ;LIl A COMPLAINT IN COllP.T AGUNG roll. AN ORDlUl EVICTING EACII TI:HA!lT nOlI TIm LVJlID PIUDIISIS lIITBOM' GIVING v.cB TIllAlI'l' NOTICE TO' QUIT rIRB'l'. LANl)LORD DOES IIOT HAVE TIm aIQIIT TO TIlKOll TDANT OUT or TIlK LJlASID PUXISIlS ISlLr-ULP EVICTION). m LANDLORD CAN ONLY EVICT TENANT BY COURT ACTION. THE LANllLORD DOES NOT HAVE THE Il.IGHT TO SllB IN COURT FOR EVICTION UNIJlSS A TENANT HAS VIOI.ATED TIlE AGRBJDlEllTS IN THIS LEASE. EVEN THOUGH EACE TENANT IS WAIVING NOTICE TO QUIT, EACH TENANT WILL HAVE A CHANCE IN COURT TO CHALLENGE THE LANDLORD'S CLAIM FOR EVICTION. IF TENANT VIOLATES TI!lI: LHASE AGREE:IlENT, TIlE LANDLORD HAY SUE EACH TENANT IN COURT I 1) 2) 3) TO COLLECT OVERDllE RENT, LATE CHARGES AND IIONEY DAHAGES CAUSED BY TENANT'S VIOLATION or THE AGRKIDIENTS IN TIlE LHASI. TO RECOVEIl. POSSBSSION or TIlE LBASED PREHISES (EVICTION) TO COLLECT FOR UNPAID RENT UNTIL THE END OF THE LEASE OR UNTIL ANOTHER PERSON TAXES POSSESSION OF THE LEASED PREMISES AS A NEW TENANT . Tenant agrees that landlord may receive ~easonable attorneys fees as part of a court judgement in a lawsuit against tenant for violation of the agreements of the lease. 19. OTHER AGREDlENTS BETWEEN LANDLORD AND TENANT Landlord and tenant agree that the fQllowing additional agreements are part of this lease agreement. l) CHECK-IN AND CHECK-OUT PROCEDURES 2) RULES AND REGULATIONS 3) COMMUNICATION AGREEMENT BY SIGNING THIS LEASE AGREEHENT, EACH TENANT AGREES THAT THE TENANT HAS READ AND UNDERSTANDS ALL OF THE AGIl.IlKIlENTS Dl TBIS LEASE. ~~ THOMAS S. MITROS AGENT FOR THE LANDLORD RE/MAX HOMEFINDERS llS E. KING STREET SHIPPENS9URG PA 17257 SIGNED BY LANDLORD: DATE: iJ /,17(., w . o / / SIGNED BY TENANTS: DATE: DATE: DATE: ~ 7i:eE~Er - . # DATE: -P- ~OD ~~ 3fL 3/, ,//' / I, DATE: 7-l-- e: '_ /....,:.. DATE: /f DATE: ~ ( S- :~~y .:~. G:~"B ~//J DATE: 1L DATE: Jlil ;~,w II' A.J6vH DATE: ';/4/ ':I-l-- ??EDER CJI: E' Y+- O d.'J,v.. R....... DATE: ;J Ie:: ;.c)AM PALMER IO ..Lf-'-- DATE: 3/:S- C;;;::t. / DATE:#- DATE.* :.' DATE: ~ DATE.~ ~~A~~tr DATE: ;/1 ~ FIORELLI DATE: JON CHRiSTMAN A-5 HA~-2'-'7 SAT 10:00 REHAX HOHEFIHDE~a 717:1124180 ~..2 SUDlml". or RtJlAi..-- Taut DlIlIJfl 16 Middle Sprlnc Avellue, SldppcllttlaJ'l, PA 17257 Lu,e: Marcb I, 1996 - May 31,1996 , . , ,-- I DIL~QYENT UTlLITttS ; Wiler ADd Srlrtr UapaJd S1.m46 REPAIRS . I llttriorllaltrlor Doon 12 K wikut locbcts. Intmor Door Reinr~r Door C10sertlPanic Hard...,,", 6 Kwibot LockKts, Exlmor Rtplactd 12 Interior Doors m.lO 16.95 989.73 149.59 2,000.00' 600.00' 10,249.50' WlDdow, Vl'aJlIlCdltap PIoort.1 Tear Up D~ Ploorio& Repl,-t CItpt( MIIeriaI .t Labor 500.00' ',450.00 2,933.32 Palatia, : , 760.71 Ilcpair Laks Otat Clo&&cd ToiIds Shcnm IlqJalrlllrobD ToilcI Rq1aIr ToikW&bawenIlavs 22.00 n.oo 151.85 181.87 DOCUMENTAno~ I DocuaadaUoa IlpaIdIlam i'botopaplls (40) JI~6 I'~ SuptfV\SlOll I'lloIopaphs IJ') "~llI'J6 . '0.00 1,071.'1 'B2 ~Ji(.I'KJ('AL : t.leclricU Exhaua Filii \lIlOlDnIbladesjlBuJIJt R=ptaclalSWl1dlaIPlalnIIntIDs ilDuJh wiriq r<pCn 110.)\1 i,~\ln' 421.10 CLiAiili; G I wDnu Cinaia&.. Trub itaHYal I L.Lu. ~1"-",jHg DWli~7U1 VI' DWlpci F~ r"L_. ,.._ 'Ll ....... . . "'IV' ~1~lIO)U.~1 :.tu.cLll~l~ Cun-up 1,;;&.32 . 1.5..5.;5 ii.t.o.; ,............ J~VV . , TOTAL TENANT DAMAGES: 533.447.07 I . ran ef WitT ;,...i.. ~x N18(r D MnR-~I997 1~:1~ '33:: P.C3:! 717S3::!4380 Served on: Michael J. Profitt, by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Michael J. Profitt 820 17th Avenue, South Great FAlls, Montana 39405-5939 Dale F. Shughart Jr., Esqu re 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Served on: Daniel E. Major, by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Daniel E. Major 224 Skycrest Drive Landenberg, PA 19350 /~r5 llradl,y I. (;rim, Mlch(U,. It Cahrrt AIUlt M. Sh'pard Tho.... So DIt hi GRIFFIE & ASSOCIATES Attorneys and Counselors At Law ZOO North lIanonr Slrtd ('.rUsIt,PA (717114J.5551 1(IOO);U7.!m fA-X 717.1U.106l Robin J. (:o.hom omu f\bJ\.lltr July 7, 1997 L"bambtnbufl T"", BuDdInI Salt, 550, 14 North Main SI.... Chambtnbufl, fA mOl (717)167.IJ!\O IItply to: Cariblt Prothonotary Cumberland County Courthouse )" Floor Carlisle, P A 17013 RE: Shippensburg University vs. Mark E. Tilley, Kenneth M. Thornton No. 97.2543 Civil Term Dear Sir or Madam: Enclosed please find the original and several copies of verifications that have been executed by my clients, Mark Tilley and Kenneth Thornton, in connection with the Answer that I previously filed on their behalf in the above matter. I would appreciate if you would substitute these verifications for the verifications that I previously executed myself and attached to the Answer. A copy of this letter and enclosures have been served upon Shippensburg University's counsel, Dale F. Shughart, Jr. Please do not hesitate to contact me if you have any questions about this or need anything further from me. Very truly yours, (lj / r-!" " f" . / / , _ \ (1-".... ,. .~ -1:/!h 'J Thomas S. Diehl, Esquire TSD/rjg Enclosure ., cc Mark Tilley Kenneth M. Thornton Dale F. Shughart, Jr, Esquire ., . , 8. Admilled 9. Admilled. 10. Admilled 11. Admilled. 12. Admilled. 13. Admilled. 14. Admilled. 15. Admilled. 16. Admilled. 17. Admilled. 18. Admilled. 19. Admilled. 20. Admitted. 21. Admitted. 22. Admilled. 23. Denied; At no time were the Defendants tenants pursuant to a lease at 26 Middle Spring Avenue prior to March I, 1996. 24. It is admilled that the Defendants entered into a lease commencing March I, 1996. 25. Admitted. 26. Admilled. 27. Admilled. 28. Admitted. 29. Admitted. 30. As Paragraph 28 of the Lease Agreement 11115 nut been provided with the copy of the Complaint. the Defendants arc without knowledge or inlhrmation suOicient to form a belief as to the truth of this averment. COUNT I - RRF.ACII OF Lt:ASt: 31. The answers of Paragraphs I through 3D, inclusive, lire incorporated herein and referenced thereto. 32. After reasonable investigation, Delcndllnls lire withuut knowledge or information suOicient to form a belief of this averrnent and specific proof is demanded at trial. 33. After reasonable investigation. Dc!cndllnts arc without knowledge or information suOicientto form a beiiefas tolhe Inuh ufthis averment and specific proof is demanded at triaL 34. Denied; The Defendants did nul clIuse substantial damage beyond normal wear and tear during their possession uf the premises nor was substantial debris left behind upon their vacating the above prcmises 35. Denicd, The Dc!cndants did not cause damage to tbe property requmng substantial repairs nor did the.,. leave c\ccssivc debris behind after their departure. Furthermore. as an itemi/ed Iisl "f cosls of repairs has not been provided, they are without knowledge or inlinnllltioll sullicient 10 limn II belief as to the Plaintiff's expenses. COUNT 11- INTENTION DESTRUCTION OF PROPERTY 36. The Answers of Paragraphs I through 3S inclusive are incorporated herein and referenced thereto. 37. After a reasonable investigation, Defendants are without knowledge or information suflicient to form a belief as to the truth of this averment and specific proof is demanded at trial. 38. Denied; The Defendants are unaware of any meeting between themselves and the Plaintiff and/or their agents concerning the foregoing information. 39. Denied; The Defendants were not confronted by the Plaintiff's representatives concerning rumors, nor were they given notice of pending liability as the above meeting did not take place. 40. Denied; The Defendants were not advised by the Plaintiffs concerning Shippensburg University and local police department actions because the above-mentioned meeting did not take place within the Defendants' knowledge. 41. The Defendants specifically deny the above conference and warnings took place; however, admit that no acts of destruction had been reported. 42. Denied. The Plaintiff found the vacated premises neither substantially or deliberately destroyed as the Defendants had relinquished the property in substantially the same condition as they had acquired it. 43. Admitted. 44. Denied; Defendants did not conspire to damage the property in any fashion. I. On or about May 13, 1997, the Plaintiff filed a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. On or about June 12, 1997, Defendant, Jonathan Fiorelli filed Preliminary Objections to Plaintiffs Complaint. 3. On or about July 2, 1997, Plaintiff filed its First Amended Complaint. A copy of said First Amended Complaint is attached hereto as Exhibit "A". 4. Said First Amended Complaint contains two counts, one for Breach of Lease, the other for Intentional Destruction of Property, arising from the alleged landlord tenant relation~hip between the Plaintiff and the nineteen Defendants. 5. Paragraph 23 of Plaintiffs First Amended Complaint alleges that the Defendants were tenants of the premises at 26 Middle Spring A venue, pursuant to a written lease agreement which expired on December 31, 1995. No copy of said alleged written document is attached to the Plaintiff s First Amended Complaint. 6. In paragraph 24 of Plaintiffs First Amended Complaint, it is alleged that the Defendants entered a new lease agreement with the Plaintiff commencing Mareh I, 1996. 7. Count I of Plaintiffs First Amended Complaint is directed against all Defendants jointly and severally, seeking one month's rental payment, alleged unpaid sewer and water bills and compensation for alleged property damage to the leased premises. 8. Count II of Plaintiffs First Amended Complaint is directed against all Defendants jointly and severally, alleging intentional destruction of the leased premises, seeking compensation for the alleged damage to the premises and punitive damages. 2 COUNT I MOTION FOR MORE SPECIFIC PLEADING 9. Paragraphs one through eight of Preliminary Objections of Defendant, Jonathan A. Fiorelli to Plaintiffs First Amended Complaint are incorporated herein by reference. 10. Plaintiff fails to attach complete copies of the written documents referred to in the First Amended Complaint in violation of PA.R.C.P. Rule 1019. II. Plaintiff fails to set forth separate counts of liability, with specific allegations against Defendant, Jonathan A. Fiorelli in violation of PA.R.C.P. Rules 1019 and 1020 and applicable case law. 12. The Plaintiffs First Amended Complaint lacks sufficient specificity in violation of Pennsylvania Fact Pleading Requirements, preventing Defendant, Jonathan A. Fiorelli, from preparing an adequate response to Plaintiffs First Amended Complaint and ultimately defending this action. WHEREFORE, Defendant, Jonathan A. Fiorelli, respectfully requests that the Plaintiff be ordered to file a more specific pleading, to allach complete copies of the writings at issue to the First Amended Complaint and provide specific counts with specific allegations against Defendant, Jonathan A. Fiorelli. COUNT II DEMURER 13. Paragraphs one through twelve of Preliminary Objections of Defendant, Jonathan A. Fiorelli to Plaintiffs First Amended Complaint are incorporated herein by reference. 3 14. Plaintiff fails to plead sufficient facts to support a claim for punitive damages. 15. Count II of Plaintiffs First Amended Complaint fails to state a cause of action upon which relief may be granted against Defendant, Jonathan A. Fiorelli. WHEREFORE, it is respectfully requested that your Honorable Court issue an Order granting a demurer as to Plaintiffs claim for punitive damages contained in Count II of Plaintiffs First Amended Complaint. Respectfully submitted, RUBINATE, JACOBS & SABA ./ ,.Se6lt /ti.. reeland, Esquire Attorney for Defendant, Jonathan A. Fiorelli 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number (717) 731-0988 Identification No. 55663 4 exhibit A SHIPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 - 2543 CIVIL THOMAS C. BAELI, aON B. CHRISTMAN, a/k/a JOHN B. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY L. GEIB, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M. THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants TRUE COpy FAm~ RECORD In Te-stIiMny WherMf,1 ~oro unto set my hood and 100 ~ of ~Id court~Callisle, pa:7 This r9 +~9 .' .~~ ~ ~Pf Prot1lonot!lY / 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 monay 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 A 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 OUR WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 .~( J ". 4. The Defendant, Jonathan A. Fiorelli, is an adult individual who resides at 284 Glen Mills Road, Glen Mills (Delaware County), Pennsylvania 19342. 5. The Defendant, Gregory L. Geib, is an adult individual who resides at R.D. 4, Box 1815, Lebanon (Lebanon County), Pennsylvania 17042. 6. The Defendant, Martin T. Gregorski, is an adult individual who resides at 5877 North 7th Street, Philadelphia (Philadelphia County), Pennsylvania 19120. 7. The Defendant, Howard P. Herbert. is an who resides at 76 North Mountain Road, Newville County), Pennsylvania 17241. 8. The Defendant, Patrick B. Leady, is an adult individual who resides at 32 Brenda Lane, Audubon (Montgomery County) , Pennsylvania 17922. 9. The Defendant, Daniel E. Major, is an adult individual who resides at 224 Skycrest Drive, Landenberg (Chester County), Pennsylvania 19350. 10. The Defendant, Frederick W. Marlowe, is an adult individual who resides at 197 Chainsaw Road, Dillsburg (York County), Pennsylvania 17019. 11. The Defendant, Adam adult individual (Cumberland J. Palmerio, is an adult Road, Broomall (Delaware individual who resides at 16 North Malin Pennsylvania, 19008. 12. The Defendant, Michael J. Profitt, is an adult individual who resides at 820 17th Avenue, South, Great Falls, County) , Montana 39405-5939. 13. The Defendant, James A. Ruffner, is an adult individual who resides at 7409 Bear Wallow Drive, Warrenton (Fauquier County), Virginia 22186. 14. The Defendant, John A. Ryan, is an adult individual who resides at 496 Bristol Road, Southampton (Bucks County) . Pennsylvania 18966. -2- 15. The Defendant, Jarrod S. Schappell, is an adult individual who resides at 326 Egle Road, Bern Township (Berks County), Pennsylvania. 16. The Defendant, David R. Scott, is an adult individual who resides at 429 Madison Avenue, Penndel (Bucks County), Pennsylvania 19047. 17. The Defendant, John S. Smith, Jr., is an adult individual who resides at 66 Covington Drive, Shrewsberry (York County), Pennsylvania 17361. 18. The Defendant, Kenneth M. Thornton, is an adult individual who resides at 175 East Beidler Road, King of Prussia (Montgomery County), Pennsylvania 19406. 19. The Defendant, Mark E. Tilley, is an adult individual who resides at 111 East Fairmount Street, Coopersburg (Lehigh County), Pennsylvania 18036. 20. The Defendant, Jason F. Wozniak, is an adult individual who resides at 106 Timberlane, Shippensburg (Cumberland County) , Pennsylvania 17257. 21. Plaintiff is the owner of a charitable remainder interest in improved real property located at 26 Middle Spring Avenue, Shippensburg, cumberland County, Pennsylvania. 22. The Defendants were all members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity and students at Shippensburg University. 23. The Defendants were tenants at the premises at 26 Middle Spring Avenue, pursuant to a written Lease Agreement which expired December 31, 1995, but all remained in possession and were served a formal Notice to Quit on February 1, 1996, 24. The Defendants entered a new Lease Agreement with the Plaintiff commencing March 1, 1996, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". -3- 25. Although Defendants Christman and Herbert did not sign the Lease Agreement, they remained in possession and are bound by the terms thereof. 26. Paragraph 4 of the Lease Agreement provides for monthly rental of Two Thousand Six Hundred Fifty ($2,650.00) Dollars per month from March 1, 1996 through May 31, 1996. 27. Paragraph 14 of the Lease Agreement provides that the tenants are responsible for the good care of the leased premises. 28. Paragraph 18 of the Lease Agreement provides that the Agreement is a joint and several lease, each tenant being individually responsible for compliance with all terms and conditions of the Lease Agreement, jointly and severally, with all other tenants. 29. Paragraph 18 further provides that tenants are responsible for overdue rent and money damages caused by tenants' violation of the Lease Agreement. 30. Paragraph 28 further provides that tenants are responsible for reasonable attorney fees incurred in any lawsuit which may be filed. COUNT I - BREACH OF LEASE SHIPPENSBURG UNIVERSITY FOUNDATION VS ALL DEFENDANTS, JOINTLY AND SEVERALLY 31. The averments of Paragraphs 1 through 30, inclusive, are incorporated herein by reference thereto. 32. When the tenants vacated the premises at the expiration of the Lease, May 31, 1996, one month's rental, the sum of Two Thousand Six Hundred Fifty ($2,650.00) Dollars was unpaid and remains due and owing. 33. Paragraph 16 of the Lease Agreement provided that tenants are responsible for utility services, including sewer and water charges. At the expiration of the Lease there remained an unpaid sewer and water bill in the sum of One Thousand Four Hundred Fifty-five and 46/l00 ($1,455.46) Dollars which was paid -4- by the Plaintiff and has not been reimbursed by the tenants. 34. During the term of the Lease Agreement, the tenants caused substantial damage to the leased premises and departed leaving extensive trash, garbage and other. debris on the leased premises. 35. Plaintiff has repaired the damages caused by the Defendants and removed the trash and debris at a total cost of Thirty-one Thousand Nine Hundred Ninety-one and 61/100 ($31,991.61) Dollars. An itemization of the costs of repairs and clean up is attached hereto, made a part hereof and marked Exhibit "8". WHEREFORE, Plaintiff prays Your Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants, jointly and severally in the sum of Thirty-six Thousand Ninety- seven and 07/100 ($36,097.07) Dollars, together with cost of suit, interest from June 1, 1996, and reasonable attorney fees actually incurred in pursuing this cause of action to judgment, an amount in excess of Twenty Thousand ($20,000.00) Dollars, and therefore in excess of the amount requiring compulsory arbitration. COUNT II - INTENTIONAL DESTRUCTION OF PROPERTY SHIPPENSBURG UNIVERSITY FOUNDATION VS. ALL DEFENDANTS, JOINTLY AND SEVERALLY 36. The averments of Paragraphs 1 through 35, inclusive, are incorporated herein by reference thereto. 37. On or about late April, 1996, the Plaintiff was advised through Shippensburg University that a student, who was to become a tenant at the premises after expiration of the Defendants' lease, stated he had heard that members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity were planning to willfully and deliberately destroy the leased premlses. 38. In response to the foregoing information, the plaintiff held a meeting with a number of the tenants, all of whom are -5- Defendants in this action. 39. Representatives of the Plaintiff confronted the said Defendants with the allegation (which was denied by Defendants) and advised them that each and every member of the Fraternity would be held jointly and severally accountable for any damage which may be caused and requested that all tenants be advised and that steps be taken to insure the property was not damaged. 40. Representatives of the Plaintiff further specifically advised said Defendants that the Plaintiff, Shippensburg University and the local Police Department would respond immediately if any Defendant/Tenant contacted the Plaintiff, appropriate personnel at the University. or the local Police Department that acts of willful destruction were being or about to be committed at the premises. 41. Despite the said conference and warnings, none of the Defendants reported any acts of damage and destruction being committed at the premises or requested any assistance. 42. At the expiration of the Lease, when Defendants/Tenants vacated the premises, the Plaintiff found that the premises had been substantially and deliberately destroyed by the Defendants and that considerable trash, garbage and other debris had been strewn around and about the premises by the Defendants/Tenants. 43. Not one single Defendant/Tenant made any effort to obtain the assistance of the plaintiff or other authorities to avoid or limit the damages to the premises aforesaid. 44. Plaintiff believes and therefore aver that Defendants, jointly, by conspiracy and concerted action willfully and deliberately acted together as a Fraternity to commit wanton acts of destruction throughout the demised premises and to strew it with trash, garbage and other debriS with the intention of damaging and destroying the property and rendering it uninhabitable. -6- VERIFICATION I, John E. Clinton, Executive Vice-President and CEO, of the Shippensburg University Foundation, Inc., hereby verifies that the facts set forth in the foregoing Amended Complaint are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsifications. DATE: July J... ' 1997 TIlI. IS A RJISIDIDl'1'L\L LKASI. IT IS A LEI2ALL'l BINDING COlITlACT BITlIIXN LAmlLOItD AND DeB TKIlAlIT. IAClI TIIWlT SBotlLD UAD TI I S LlASI CAlIrtn. TIlIl USIDIDl'1'L\L Lnsl CONTADlS IIAIVDS or YOUll IlGBTO All A TIlWIT. TIIWlT SlIotl1Jl NOT SIGN TBIS LIlASI UNTIL EAeB TEIlANT UNDDSTAllDS ALL AQUIIODITS IN TlIS LEASE. 1. .'lAKES or LANDLORD AIID TElWlT Name of the Landlord: SHIPPRNSBURG UNIVERSITY FOUNDATION C/O JOHN CLINTON SHIPPRNSBURG UNIVERS ITY SHIPPENSBURG PA 17257 Name of the Tenants: KAPPA.LAMBDA CHAPTER OF ':'lIE KAPPA SIGMA INTERNA.TIONAL FRATBRNITY NAME OF EACH TENANT IS LISTED ON THE FINAL PAGE OF THIS LEASE 2. LEASED PREMISES . , The leased premJses is the place that landlord agrees to lease to tenant. The leased premises is: 26 MIDDLE SPRING AVENUE, SHIPPBNSBURG TOWNSHIP, CUMBBRLAND COUNTY, PENNSYLVANIA 3. STARTING AIID ElIDING DATES OF LEASE AGRED!IIJlT This lease starts at 12:01 A.M. on MARCH 1. 1996 This 'lease ends at 1l:S9 P.M. c"- !'.AY ::1. :995 .. RENT The amount of rent is: $2650 each month. Tenant agrees to pay the rent in advance $1325 on or before March 1, 1996 . $1325 $1325 on or before March 15, 1996 $1325 $2650 on or before May follows: on or before April 1, 1996 on or before April 15, 199( 1, 1996 Landlord does not have to ask (KAItE DEHANP UPON) tenant to pay the rent. Tenant agrees to pay rent in person to landlord at the place specified by landlord. during the normal business hours specified. RENT TO BE PAID AT: RE/MAX HOMEFINDERS 115 E. KING STREET SHIPPENSBURG PA 17257 NORMAL BUSINESS HOURS ARE 9:00 A.M. . 5:00 P.M. MONDAY THROUGH FRIDAY. 5. SECURITY DEPOSIT No secur'ty deposit ~ill ce requi:ed tor th:s lease period. 6. Ll.NDLORD' S DOTY AT TilE START or TBE LEASE Landlord agrees to give tenant possesslon o~ the leased premises on th! ,tartino date of the lease. The lease w,ll start even if landlord cannot g,ve tenant possesslon of ~he leased premises because the prior tenant lS still in the leased premises or the le~sed premises i, damaged. IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVE TO PAY RENT UNTIL THE DAY LANDLORD GIVES POSSESSION OF THE LEASED PREMISES TO TENANT. 7 . D>>lAGE TO LEASED P.u:MISES Tenant agrees to notify landlord i~~ediately if the leased premises is damaged by tire or any other cause. Tenant a9r~es to notify landlord it there is any condition in the loa sed premises that could damage the leased premises or harm tenant or others. If tenant cannot live in the whole leased premises because it 's damaged or destroyed. tenant may: 11 live in the undamaged part of the leased premises and pay leES rent until the leAsed premllel is repaired, or, 2) end the leale and leave the leased premisea. Tenent agrees that if the leased premises is damaged or deltroyed and tenent ends the leale, landlord hal no further responsibility to tanLDt. k:=,YI-.H/;vr "A 'I 8. INSl11WICE .' Landlord agrees to have inourance on the building where the leased premises il locaced. Tenant'. own property il noc insured by landlord's in.urance. Tenant is responsible for tenant'. own property thac is located in the leased premises. 9. ASSIClIDIENTS OR StlllUASES BY TENANT ASSIGNHENT lOR ASSIGN) is the legal cerm for a transfer of che lease from the tenant to another person. This other person then becomes the landlord's nsw tenent and takes over che lease. Tanant agrees not to transter (assign) this lease to anyone else without che written permission o! che landlord. A sublease is a separate lease becween che tenant and anocher person who leases all or a part of the leased prsmises from che tenant. Tenant agrees not to lease IIUblea.e) all or any part of the lease premises to anyone else without the wricten consent of landlord. Tenant agrees that if tenant transfers this lease lassjgnsl or leases all or a part of the leased premises co anocher Isubleases), tenant has viol aced this lease. 10, RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE Landlord is responsible for all damage to property or injury to people caused by landlord', (or landlord'. representatives) intentional or negligent acts at the leased premises. TENANT IS RESPONSIBLE FOR ALL DAMAGE TO THE LEASED PREMISES AND INJURY TO PEOPLE CAUSED BY TERANT. TENANT'S FAKILY OR GUlSTS. Tenant agrees that landlord is not responsible to tenant, tenant's family or guests for damage or injury caused by wacer, snow, or ice that comes on che leased premises unless landlord was negligent. 11. USE OF LEASED PREMISES Tenant agrees to use the leased premises only as a residence. Tenant agrees to obey all federal, sCate and local laws and regulacions when using the leased premises. Tenant agrees noC to score any flammable. hazardous. or toxic chemicals or substances in or around the leased premises. Tenant agrees not to do any actlvltleS in or around the leased premises which could harm anyone or damage any propercy. Tenant agrees that tonant will noc allow more than 19 (nineceen) people co occupy che leased premises without the written permission of landlord. Tenant shall have a right to invite to che leased premises, for a reasonable period of time Inot to exceed fourteen days wichout che written consent of landlord) guests, family, or visitors so long as his obligations as a tenaot under thlS leases are observed. 12. RULES AlID REGULATIONS Tenant agrees to obey all rules and =eculatlCn5 for the leased premises. If t~nant violates any rules or regul!cions for the leased premises. tenant violates this lease. 13. LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES (SUBORDINATION) Subordinate and subordination are legal terms chat mean that chis lease does not have any eftecc ~pon the rights ot the landlord'. mortgage company. In other words. tenant. rights under this laase are ,ubordinato to landlord'a mortgage company. It landlord does noc make the morcgage payments, the mortgage company may have che right to end the landlord's ownership of the leased premises. If the mortgage company sells the leased premises at a mortgage foreclosure sale. the lease may end. Tonaot agrees that landlord has the rlght to mortgage the leased premise. . If landlord has a mortgage on the leased premises now. or 1 f landlord gets a mortgage in the future. tenant agree. that this lease i. subordinate to the landlord'. mortgage. A -/ LANDLORD : TlDlANTS : SHIPPENSBURG UNIVBRSITY POUNDATION lCAPPA-LAKIlDA CHAFTBR OP T1fB KAPPA-SIGMA INTBRN!>.TIONAL FRATBRNITY LANDLORD AND TENANT AGREE THAT T1fB FOLLOWING ADDITIONAL AGREEMENTS ARB PART OP TIlE LllASE: I. IIIlLIlB AND REGULATIONS 'Oil H MIDDLE SPIIDlQ AVEIl'Cl'Il SBIPPElISBURG TOllNSBIP, Cl7IlIlDLAND COllNTY, PI.NlISn. V~ IA. TBIlSIl IIIlLES AND REGULATIONS ARE FOR TBIl SAFETY AND CONVllNIElIc:I OF ALL TIllIANTS. 1. Tenants leased premises is supplied with a heat source as part of the lease. If the heat source fails or there is not enough heat, tenant shall not,fy landlord. Tenant agrees not to use kero,ene heaters or electric space heaters or any other portable heaters without the prior written conaent of landlord. 2. Tenant will not make any alterations of the leased premises without the prior written consent of landlord. 3. Tenants agree that waterbeds or any other liquid filled furniture are not permitted in the leased premises. 4. Tenant shall not disable the smoke detectors or other tire warning or fire protection devices. Tenant shall notify landlord if a smoke detector or fire warning or protection device is not in working order. S. Tenant shall pay a service charge of twenty dollars ($20.00) if a check given to pay rent is returned for in,ufficient funds or other cause within the control of tenant. 6. Tenant agrees that tenant will not keep any pets on the leased premises. Tenant agrees that tenant will not allow tenant's family or guests or others to have or bring pets onto the leased premises. 7. Tenants agree not to install any air conditioners in the leased premises without the prior written consent of landlord. S. Tenants agree that no partiss will be held on the leased premises without the prior written consent of landlord. 9. Tenants agree that the basement of the leased premises is for the exclusive use ot tenants only. Tenants will not pe~it any visitor or guest or any other person under tenants control to enter the basement area of leased premises without the prior written consent of landlord. Tenants agree that under no circumstances will the basement area be used for occupancy or entertaining. 10. Tenants agree that if parking is available it is for tenant's convenlence only and is nct guaranteed by landlord. II. COHHUNICAT!ONS AGREEMENT 1. Fer t~e cor.venience of tenants a~~ ~a~~lo:o. and to fac~l~tate a smoo~h and reliable cha~nel of co~~unications, tenantS aaree to provlde in writing the na~e, street address. malling address. and telephone number of an lndlvidual who will serve as the tenants Agent for any routine cc~munication5 between tenants and landlord. Tenants agree that tenants agent will reside in the leased premises during the term of the lease agreement. ~~~r~:~~nts a~tdt:iM~ Apj;;v.1!(/r~l#- telephone number: -:J!fft-~ 2. Tenants agree to prcvide ten (101 days advance ~ritten notification to landlord ot an)' change to tenantS com.'T\unicltion lIgent ldentlfied in item 1 above. 3. Tenants agree that any rounne, non emergency, communication Ifor example; .chedulinq .howina. of the l.a..d pr.mi.e., r.pOrting the n..d for minor r.pair. to the l.aled pr.ml.... etc.l nec....ry during the term of the laa.e agreement, both oral and in writing. will occur between tenants agent and landlord or landlord' a 'gant. A..,'v A. cDcl: DI PlOCJ:DtlUS 1. TlnantS and landlora will both be in pOllelsion of at leaac one key ~or each lock on leased premiaes. 2. A set ot 36 (thircy six) phocographs are in the posssssion o~ both landlord and tenanc showing che condition o~ each roo~ in the premises, the exterior of che residence, and other areas on the leased premise.. Both tenant and landlord agree that chese photographs represent che condicion of the premise. at the starc of the lsa.e period. 3. Within five (5) aays of taking possession o~ the leased premises under Chis lease agreement tenant will deliver in writing to landlord a lisc of any additional icems tenanc wancs to include as evidence o~ che condicion of che leased premise, at the scarc of this lease. agreement. ~. Within five (5) days of receipt o~ any list as described in paragraph chree (31 above. landlord will inspecc each icem on che lisC and verify che condition. If necessary landlord will cake addicional photographs. ~andlord will retain one copy of each photograph and within ten 110) days will delivor one copy of each photograph to tenent. Both tenant and landlord agree thac boch tenant's lisc and the addicional photographs represent the condition of che pre~ses at che start of che lea,e period. B. CIlICIt OllT PROCIDOIllI:S 1. At che end o~ che lease period each cenanc will provide landlord 'with a forwarding address where tenant can be contacced. 2. At the end o~ the lease period tenanc will return all keys to the premises co landlord. If all keys issued co tenant are not recurned ac the end of this lease landlord will bill tenanc for che cost of a lock change ~or each lock for which tenant did noc return a key. 3. Landlord will compare the photographs and tenant's list documencing condicion of the pre~ses ac che beginning o~ the lease agreemenc wich the condicion of che premises ac che end of the lea.e agreement. If chere are damages to the leased premises for whiCh tenanc is responsible tenanc agrees to compensat. landlord for the cosc of making repairs. 4. ~andlord agrees to provide tenanc wich an icemized bill for any lock change or damage repair done to the leas.d premi.e. within chircy (30) days of the end of che lea,e period. Tenant agree' to pay the bill received from the landlord within ten (101 days of receip~. BY INITI1.LING 7IlESE ADDI'l'ION1.L LEASE ^GREEHEN'l'S, EACH 'IEN.>.N'l' AGREES TBA'I TENANT IL\S READ AND tllIllERSTANDS 1.LL OF TBESE ADD I'IIONU AGREEMEN'IS AND UNDERSTANDS THAT THESE ADDI'l'ION1.L AGREEMENTS ^RE P1JlT OF TBE ~EASE. LANDLORD, SHIPPENS2URG UNIVERSITY FO~AT!CN THCNAS S. MI:'ROS AGENT FOR THE ~~~ORD TENANTS, MARl< TILLEY JASON WAZMAI< Alroy RUFFNER /lf1 'C 1/7 FREDERICK MAR~OWE ~ AD1Jol PALMERIO 4-'P JOHN S. SMITH DAVID SCOTT JON CKRIST:-'J-.'1 ~~~TIN GREGORSKI '7R BAE~I DANIEL MAJOR MICHAEL PROFITI 0- JOlIN RYAN Q)I TIl0WI'ON HOWAA.:) HERaER';' JARROD SCKAPPE~~ GREGROY GElS ~ PARTICI< ~!ADY ~ A-"3 7,\;.: JON FIORE~LI premi181 and all or the property 1n ana .ruw... ~... .~~.-- r-'''''' Tenant agrees co pay tor any damage caused by tanant, tanant'l family and tenant'. guests. Tenant agress to turn over po.ses.ion ot the leased premises to landlord when tbe lelsa .nds. 15. LANDLORD'S RIGHT TO KllTD LllASED PREMISES Tenant agrees that landlord and landlord', representatives have the righC co enter che leased premises at re.sonable times. Landlord and landlord'. represencatives have the right to inspect, to make repairs, to do maincenance, and co show the leased premises to others. 16. UTILITY SERVICES Landlord and tenant agree co pay che charges for util1ties and services supplied to the leased premises as follows: Ch8rae or service: Television cable Electric co premises Wacer service Nacural Gas Refuse collection Lawn maintenance Snow and lea! removal Sewer charges Parking lee Pest Control charges L'andlord has the righC to turn service to the leased premises maintenance. Paid by: Tenant Tenan t Tecant Tanant Tenent Tenant Tenant Tecant Tenent Tenant off cemporarily any utility or ocher in order to make repairs or do 17. GOVEIUlMl':IlTAL POWER OF D1I1lE11'I' DOllAIN Eminent domain is che legal name for the right of a government ,uch as the scace or counCy or city to cake private property ror public use. The government must pay fair compensation to anyone who has any right in the property thac is taken by the government. If all or any part of the leased premises lor the building within which the leased premises is located) is taken by eminent domain, this lease will end automacically. Landlord and tenant agree to release each other from any responsibility because leased premises is caken by eminenc domain and the lease has ended. 18. VIOLATIONS OF TBIS LllASE WIlEII EITBER LANDLORD OR TBIUNT DOES NOT DO SOICETllDlG THAT TBn' BAW ~ AGREED TO DO, IT IS A VIOLATION OF TlIIS LW.. IF TENANT VIOLATES TIIIS LEASE, LANDLORD CAN Sl1E TENANT FOR EXPENSES AND KAY SUE TO EVICT TENANT. EACH TENANT SHOULD NOT SIGH THIS LEASE OI!LESS EACH TENANT BAS READ AllJl CLEARLY Uh~ERSTANDS THE IN70~~TION IN THIS SECTION ABOUT LEASE VIOLATIONS. ... TlIIS IS A JOINT ...Ill) SEVERAL LEASE TBIS IS A JOIN'I' AND SEVl:RAL LEASE. THIS IlEANS THAT AloL TBE TENANTS AS A GROll? AND EACH OP TBI: TENANTS AS All INllIVIDOAL ARE RJ:SPONSIBLE TO LANDLORD POR ALL OP TBI: AOREEKEHTS OF TBIS LEASE. FOR EXAMPLE, IP TBI: RENT IS NOT PAID, LANDLORD CAll Sll'J: ALL OP TBI: TEKAllTS (JOINTLY) POR AllY UNPAID RENT. OR, LANDLORD CAll BUNG A StitT AGAINST ANY ONE TXNANT SEPARATELY ISE\~RALLY) POR ALL OF TBE OHPAID RENT. , I TENANT VIOLATES TBIS LEASE IF TENANT: 1 ) ~ ) PAILS TO PAY RENT OR OTBER CHARGES TO LANDLORD ON TIKr OR, LEAVES I ABANDONS) TBI: LEASED PRDlISES IIITBOUT TBIi: LANDLORD'S PERMISSION .IPORI TEl END OF TBI: LEASE OR, DOIS NOT LXAVE TBI: LBASID PREMISIS AT TIS INIl OF THE LEAS. OR, DOES NOT DO AloL or TO TBINGS TllAT TElWlT AGUIIl TO DO IN 'I'IlIS LEASE. A~tj 3 ) 4) o THIS UANS THAT TBK IJ.IWwu"" _. . "MM .. _On. .. OlUlaR JrVICTING EACII 'rIIWn' nOM TIlZ UASI1l PUIIISIS NITIlotlT GIVING ~ 'I'D:MT ROTICII TO' QUIT ,lift. LAKtlLOIIl DOIS IIOT IlAva 'rIIJl IWZIIT TO '1'DOW ftIWIT otIT or TlII UASIn 'IDlSBS (SIIJP. DLP JrVICTIONI. TIDI LANDLOJll) CA!l om,Y EVICT TEllANT BY COllR'1' ACTION. T!Dl LANDLORD DOllS NOT IlAVE '1'IlZ IlIGIlT TO StlI IN COllRT FOR EVICTION llNLKSS A TENANT HAS VIOLATED TIlE AClUDlllNTS IN TIllS LUSK. EVEN TBotJOII DCH TlNANT IS IfAIVING NOTICE TO COlT, EACH TIlNANT ifILL IlAVE A ClL\NCI IN COt7RT TO CllALLElIGS: THE LANDLORD'S CLAD! FOR EVICTION. IF TENANT COl1RT. 11 2) 31 VIOLATES TlII LEASE AGRli:DlENT, TIlE LANDLORD HAY SllX EACH TIlNANT IN TO COLLECT OVIIIDllll RENT. LATIl ClWlGES AND 1I0N1lY DAllAGZS CAUSED BY TENANT'S VIOLATION OF TBIl AGIlllll:IIElITS IN TIlE UASII. TO RECOVER POSSIISSION OF TlII LlASED PREMISES (EVICTIONI TO COLLIICT rOR llNPAID RENT llNTIL TIIIl IJID OF TIIll LEASI OR llNTIL ANOTHER PERSON TAItIS POSSIlSSION OF THE LEASED PlXMISES AS A NEW TENANT . Tenant agrees that landlord may receive reasonable actorneys fees as part of a court judgement in a lawsuit against tenant for violation of the agreements of the lease. 19 . OTBER ;'CREEIIEN'I'S BETWEl!:II LANDLORD AND TENANT Landlord and tenant agree thac the following addicional agreements are parc of this lease agreement. 11 CHECK-IN AND CHECK-OUT PROCEDURES 2) RULES AND REGULATIONS 3) COMMUNICJ.TION AGRBllMBNT BY SIGNING TBIS LEASE AGREID!IIlT, EACH 'l"EIIANT AGREES TBAT THE TENANT lIAS READ AND UNDERSTANDS ALL or TBIl ACRBlDlENTS IN TBIS LEASE. ~~ THOMAS S. MITROS AGENT FOR THE LANDLORD RE/MAX HOMEFINDERS 115 E. KING STREET SHIPPENSEURG PA 17257 SIGNED BY LANDLORD: OATS: a/t/;? . , SIGNED BY TENANTS: DATE: DATI: ~ HOWARD HERBERT DATE: ~ ~ DATE: 3fL :: :RROD 9tHAP #-- ,'/ <' I 1- DATE: / ." ~~ DATE: If DATE: 3( r G,. Y L. GEIB DATE: 11- z.,C LE DA'!'E:~ DATE: ;if- ,?.EDER I CK E DATE: Ub-R....... DATE: .i/5- ;,:;JAM PALMERIO DATE: J! :s- <;;::.~ / DATE: ~ ., DATE:* DATE: : ... BA DATEiL f:-~ DATE: )/'1 DATE: :: FIORELLI JON CHR I S'fl'lAN A-5" SHIPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEm~SYLVANIA CIVIL ACTION - LAW vs. 97 - 2543 CIVIL THOMAS C. BAELI, JON B. CHRISTMAN, a/k/a JOHN B. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY'L. GEIB, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M. THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants ,,=, -J () ~-- " -or_~ :."':i', ;.~~. - .. n 0" -::1 . ::J ',- :-.,;1 '>0 .;~i1 ~.. ..,., :0 :.,; ~ ,11 .", -. ~..t ~ I p...: ': .. ''''; -< " <:OJ CERTIFICATE OF SERVICE AND NOW, this .2"Aday of July, 1997, I, Dale F. Shughart, Jr., Esquire, attorney for Plaintiff, hereby certify that I have served true and correct copies of the First Amended Complaint upon the following Defendants in the following manner: Served on: Jonathan A. Fiorelli, by mailing a copy of the same by United States mail, postage prepaid to his attorney of record, addressed as follows: Scott A. Freeland, Esquire RUBINATE, JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Served on: Thomas C. Baeli, Gregory L. Geib, Martin T. Gregorski, Patrick B. Leady, Frederick W. Marlowe, Adam J. Palmerio, James A. Ruffner, John A. Ryan, Jarrod S. Schappell, David R. Scott, Kenneth M. Thornton and Mark E. Tilley, by mailing copies of the same by United States mail, postage prepaid to their attorney of record, addressed as follows: Thomas S. Diehl, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Streec Carlisle. PA 17013 >- Cl ,. (i" ~.: .... '0- .' UJ~'-: ' .' ):'";; 0" "I ~1, r-' .-\.::\ u.. c' . ..~ ~~ (I ("I tY u.:. '" -.; C:ll ..1 , ",'oJ .' ::1 :w_ I . u. r- 3 CJ CI"' () ~ '.: (I) o(l '" = ... ;.0 ::> 00 '- ... 00 '" '" :r. '" - 00 ::> '" 0: ... .., '" I ;.0 =:; ;;: ~ '.: ::> ::> .... or. I .., :. W '" '" - ... C '.: ... .., ., t: ... ... :: ... '- .:;: '" :r. ... ., . :n - ... - ;.; e: - ... .. ... ., "" '.: - ., ., Z N ;., :.. ;: ;., c:t: SHIPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintil1. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 97-2543 CIVIL TERM THOMAS C. BAELI, JON D. CHRISTMAN, JONATHAN A FIORELLI, GREGORY L. GEIB, MARTIN T. GREGORSKI, HOWARD P. HERBERT. PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE. ADAM J PALMERIO: MICHAEL J PROFFITT, JAMES A. RUFFNER, JOliN A. RYAN, JARROD S. SCHAPPELL. DA VID R. SCOTT, JOHN S SMITH, JR., KENNETH M. THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK. Defendants ANSWER AND NOW comes the Defendant, Howard P Herbert, by his attorney, Thomas S. Diehl, Esquire. and states the following Answer: I. Admitted 2. Admitted 3 Denied; It is the Defendant's understanding that Jon B. Christman, of another address, and not Jon D. Christman, was a tenant of the property in question. 4. Admitted. 5. Admitted 6 Admitted. 7 Admitted 8. Admilled 9. Admilled. 10. Admilled II. Admilled. 12. Admilled. 13. Admitted. 14. Admitted. IS Admilled 16. Admitted. 17. Admitted. 18. Admitted. 19 Admitted 20. Admitted. 21. Admitted 22. Admitted. 23. Denied; At no time were the Defendants tenants pursuant to a lease at 26 Middle Spring Avenue prior to March I. 1996. 24. II is admillcd that thc Defendants entered into a lease commencing March I, 1996. 25. Admitted. 26. Admilled. 27. Admitted. 28. Admitted 29. Admitted. 30. As Paragraph 28 of the Lease Agreement has not been provided with the copy of the Complaint, the Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. COUNT I - BREACH OF LEASE 31. The answers of Paragraphs I through 30, inclusive, are incorporated herein and referenced thereto 32 Aller reasonable investigation. Defendants are without knowledge or informalion sullicient to limn a belief of this averment and specific proof is demanded at trial 33. Aller reasonable investigation. Defendants are without knowledge or information sullicient to form a belief as to the truth of this averment and specific proof is demanded at trial. 34. Denied; The Defendants did not cause substantial damage beyond normal wear and tear during their possession of the premises nor was substantial debris left behind upon their vacating the above premises. 35 Denied; The Defendants did not cause damage to the property requiring substantial repairs nor did they leave excessive debris behind after their departure. Furthermore, as an itemized list of costs of repairs has not been provided, they are without knowledge or information sullicient to form a belief as to the Plaintill's expenses. COllNT II - INTENTION DESTRllCTION OF PROPERTY 36. The Answers of Paragraphs I through 35 inclusive are incorporated herein and referenced thereto. 37. After a rcasonable investigation, Defendants are without knowledge or information sutlicicnt to form a belicf as to the truth of this averment and specific proof is dcmandcd at trial. 38. Denicd; Thc Dcfcndants arc unaware of any meeting bctween themselves Bnd thc Plaintitl'and/llr thcir agcnts conccrning the lilrcgoing intormation. 39. Dcnicd. Thc Dclcndants wcrc not confront cd by thc PlaintiO's representBtives conccrning rumors, nor wcrc they givcn noticc of pcnding liability as the above meeting did not take placc 40. Dcnicd; The Dcfcndants were not advised by the Plaintiffs concerning Shippensburg Univcrsity and local police depanment actions because the above-mentioned meeting did nottakc place within the Defendants' knowledge. 41. The Dcfendants specilically deny the above conference and warnings took place; however, admit that no acts of destruction had been reponed. 42. Denied. The Plaintiff found the vacated premises neither substantially or deliberately destroyed as the Defendants had relinquished the propeny in substantially the same condition as they had acquired it 43. Admittcd 44. Denied; Defendants did not conspire to damage the propeny in any fashion. VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 7 /Jlf,) , , I ~v.../{- f /4';-- HOWARDP. HERBERT "- If) (- fo' " , 'j ,~. , II,e:, ", -. .' r' ::; o. ~,~ , '" " (",; fill;' , J I. , .. . :a. I -, " r- , U If' U e:r~~~, ". t.',,'......';.', .. f.- ,,' .1,..';.:...., " "',:-".. I ~1 i;:::;,~',!.:.'" ~:, 'I '1::1;~:gL~(' n'_,-:~,!.-;." /' "~t,;l'~ii:~~:~',' . I, t .j<; ~ '1'ii.;~f,' " ~ ". I .,>-, ,'.;/ 1f,\ ..;I'"<...-.l~,,~~.""~l~. ~ ." f"'I" ,/'.t~):\:'41t1~~"1\'~) I,t \~ ,(\J"\..~_t:t"" :,1.;e; "'r' ,\ .'/;':: 'i - , -i;l ...,.t"'tJ.'~ '-+' I . ,', 'h"VT -1.nl'{-..1 tr '~l"'t '\~_' "'~' ,. ~ " """ 4 -'\''''1 I r \: ",' 11 ,~ " " j tit l.<.ff,-."'U"f. " ,'~ . _'I"~ .'~ ~,,:d' p' ';,.{I~" \, '\ " f .., . " ,~_, I ~;"~-";'if.~.tJf'J,~'''-.''7,;!.;>'t. ',,". . 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'i?IL~ .j '\'.., ,.:, '1.,' .'. , ,~- 'J'- " - '. ^ (~" . . \' ~-~ -iQi SHERIFF'S RETURN - REGULAR CASE NOI 1997-02543 P COMMONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND SHIPPENSBURG UNIVERSITY FOUNDA VS. BAELI THOMAS C ET AL KRISTIN D. MERTZ CUMBERLAND County, , Sheriff or Deputy Sheriff of Pennsylvania, who being dUly sworn according to law, says, the within COMPLAINT was sE'rvE'd upon HERBERT HOWARD P the dE'fendant, at 1056:00 HOURS, on the -Zih day of Julv 192L at 31B SOUTH EARL STREET SHIPPENSBURG,, PA 17257 ,CUMBERLAND County, Pennsylvania, by handing to CLARIE HERBERT MOTHER a true and attested copy of the COMPLAINT and at thE' same timE' directing HE'r attention to the contE'nts thereof. ShE'riff's Costs: Docketing SE'rvice Affidavit Surcharge 6.00 6.20 .00 2.00 1$14.20 So answers: ......, ..." . .-... ;'.:_~.." -...... .t;-1.{>. ,<l ..: "I ..:.......,,-.l....~ R. Thomas Kl1ne, ShE'r1tt DALE SHUGHART, 07/3111997 by JR. ,j i . I 1',1 , dE'pu~y ShE'r1tt Sworn and subscribE'd to bE'fore mE' this j 1,,,-__ day of " :/..1'7 19 '17 A.D. '-.;._ ." (, /ILu (,~- L i'ill;. I I'rothonotaty . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1997-02543 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIPPENSBURG UNIVERSITY FOUNDA VS. BAELI THOMAS C ET AL R. Thomas Kline , Sheriff, who being duly sworn according and inquiry for the within to law, says, that he made a diligent search named defendant, to wit: CHRISTMAN JON D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of MONTGOMERY COUNTY to serve the within COMPLAINT County, Pennsylvania. On July 31st, 1997 the attached return from , this office was in receipt of MONTGOMERY COUNTY County, Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge MONTGOMERY COUNTY So answers: 18.00 9.00 2.00 33.00 ~62.00 DALE SHUGHART JR. 07/31/1997 H. Thomas Kl1ne, ~her1tt Sworn and subscribed to before me ., In The Court of Common Pleas of Cumberland County, Pennsylvania Shippensburg University Foundation, Inc. vs. John S. Smith, Jr. No. 97-2543 Civil Term 19_ !'iow, Jul y York 3. 1997 19_,1 SHERIFF Of CUMBERLAND COlJ!'iTY, PA do hereby deputize the Sheriff of County to ..eculethis Writ,lhis depulation being made at the request and risk of the Plaintiff. .~~~?. // ~ . ".~.' ,,;. ...l__ ..... _ L .~ I Sheriff of Cumberland County, Pa. Affidavit of Service Now, within July 25 Complaint and Notice John S. Smith, Jr. 66 Covington Drive, Shrewsberry, PA 17361 John S. Smith, Jr. Complaint and Notice :1 true :J.nd and made known to 1997 3,24 P. o'c1ock ~I. serHd tbe . at upon 3t bv h:lndina to . 0 attested copy of the origioal Him the contents thereof. So answers. .::.//~ .. L~( Sheriff of York County, Pa. ~ "'" -.! .', COSTS c.., '., c. S\\l'Jrn :lnd ~uhscribed before . . ,. ,. SER\'lCf. \1Il.f.A(;[ .\HIIlWIT s ~ 46.04 .-, '0 -,., 8. Admilled 9. Admilled. 10. Admilled ]1. Admilled. 12. Admilled. 13. Admilled. 14. Admilled. 15. Admilled. 16. Admilled. 17. Admilled. 18 Admilled 19. Admilled. 20. Admilled. 21. Admilled. 22. Admilled. 23. Denied; At no time were the Defendants tenants pursuant to a lease at 26 Middle Spring Avenue prior to March I, 1996. 24. It is admitted that the Defendants entered into a lease commencing March ], 1996. 25 Admitted 26 Admilled 27. Admitted. 28. Admitted. 29. Admitted. 30. As Paragraph 28 of the Lease Agreement has not been provided with the copy of the Complaint. the Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. COUNT I - 8REACH OF LEASE 31. The answers of Paragraphs 1 through 3D, inclusive, are incorporated herein and referenced thereto. 32. After reasonable investigation. Defendants are without knowledge or information sullicient to form a belief of this averment and specific proof is demanded at trial. 33. After reasonable investigation. Defendants are without knowledge or information sullicient to form a belief as to the truth of this averment and specific proof is demanded atlrial 34. Denied, The Defcndants did not cause substantial damage beyond normal wear and tear during their possession of the premises nor was substantial debris left behind upon their vacating the above premises. 35. Denied; The Defcndants did not cause damage to the property requmng substantial repairs nor did they leave excessive debris behind after their departure. Furthermore. as an itemized list of costs of repairs has not been provided. they are without knowledge or information sullicient to form a belief as to the PlaintitT's expenses. COllNT II - INTENTION DESTRllCTION OF PROPERTY 36. The Answers of Paragraphs I through 35 inclusive are incorporated herein and referenced thereto. 37. After a reasonable investigation. Defendants are without knowledge or information sutlicient to form a belief as to the truth of this averment and specific proof is demanded at trial. 38. Denied; The Detendants are unaware of any meeting between themselves and the Plaintitl' and/or their agents concerning the foregoing information. 39. Denied; The Defendants were not confronted by the Plaintiffs representatives concerning rumors, nor were they given notice of pending liability as the above meeting did not take place. 40. Denied; The Defendants were not advised by the Plaintiffs concernIng Shippensburg University and local police department actions because the above-mentioned meeting did not take place within the Defendants' knowledge. 41. The Defendants specifically deny the above conference and warnings took place; however, admit that no acts of destruction had been reported. 42 Denied The I'laintilr lound the vacated premises neither substantially or deliberately destroyed as the Defendants had relinquished the property in substantially the same condition as they had acquired it 43. Admitted 44. Denied. Defendants did not conspire to damage the property in any fashion. ,. '- ,. , I I I L~ I _ r ( I I ( r I I. ( " I. ~. I' r-.... l (;' U , 8. Admitted 9. Admitted. 10. Admitted II. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Admitted. 23. Denied; At no time were the Defendants tenants pursuant to a lease at 26 Middle Spring Avenue prior to March I, 1996. 24. It is admitted that the Defendants entered into a lease commencing March I, 1996. 25 ,\dmitwl 26 Admitted. 27. Admilled. , 28. Admitted. 29. Admittcd. 30. As Paragraph 28 of thc Lcasc Agrecment has not been provided with the copy of the Complaint. the Delcndanls arc without knowledgc or information sufficient to form a belicf as to the truth of this avermen!. COUNT I - oREACIf OF LEASE 31. The answers of Paragraphs I through 3D, inclusivc, are incorporated herein and referenccd thcrcto. 32. Allcr reasonable invcstigation, Defendants are without knowledge or information sullicicnl to lorm a belicf of this avcrment and specific proof is demanded at trial. 33. Allcr reasonable invcstigation, Dcfendants are without knowledge or information sullicientto form a bclicf as to the truth of this averment and specific proof is dcmanded altrial 34. Denied; Thc Dc!cndants did not cause substantial damage beyond normal wcar and tcar during thcir posscssion ofthc prcmises nor was substantial debris left behind upon their vacating the above prcmiscs. 35. Dcnied; Thc Delcndants did not cause damage to the propcrty requiring substantial repairs nor did they leave exccssivc debris bchind aller their departure. Furthcrmore. as an itemized list of costs of rcpairs has not been provided, they are wilhout knowledge or inllHlllation sullicicnt to form a belief as to thc Plaintiff's expenses. , COUNT" - INTENTION DESTRlJCTION OF PROPERTY 36. The Answers of Paragraphs I through 35 inclusive are incorporated herein and referenced thereto. 37. Aller a reasonable investigation, Defendants are without knowledge or information sunicient to form a belief as to the truth of this averment and specific proof is demanded at trial. 38. Denied; The Defendants are unaware of any meeting between themselves and the Plaintin' and/or their agents concerning the foregoing information. 39. Denied; The Defendants were not confronted by the Plaintill's representatives concerning rumors, nor IVere they given notice of pending liability as the above meeting did not take place. 40. Denied; The Defendants were not advised by the Plaintiffs concerning Shippensburg University and local police department actions because the above-mentioned meeting did not take place within the Defendants' knowledge. 41. The Defendants specifically deny the above conference and warnings took place; however, admit that no acts of destruction had been reported. 42. Denied. The Plaintifr fllllnd the vacated premises neither substantially or deliberately destroyed as the Defendants had relinquished the property in substantially the same cor.dition as they had acquired it. 43. Admitted 44. Denied. Defendants did not conspire to damage the property in any fashion. ~ ~ l 1 "'>- r-- It: to N c' , UJ -.~ () : .0' r' J c t:I' u.- 9~;: '- 0:' .'t:) or.. .' 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", ....'~,c...;.I'..r,;.M..~l .~.. ~:.~'_ ~\~:~~:~~J.-:~!~~~1!1i.1 ,_..-..,,-,_..f~';"-Ni'f" . , .' ~"-~}i~::~Q~~~~~~ , .~~ ':' 'l;:P":.!'~.j:l~ .. ,'''' ..,.~"1. -t..... "it ~ -;'. :~ ,;:'i.~ ;..f;';~;~ ' 'X';.<'.L#jC;7~~1 :~';-f;' :.::; ~.~;'~~$8~ "-~ ':~''t.T''':'f+'''~,~ '~\l~,),,~:l::;:;:t~': -'''''~}J ,~~'n ,,:");',';f:>.! ~ '~!~;'..';;~~tft: .~ ~. -...' ""-:'''4~1 ,\; ~>:S':"~;~j~ -.~:- \"~~~r~ ;1':' \'.:~f '.h~ .~ t"', '-:1.' .;, .':-1 ,: . , ~ - "- ~ -' . - 4 97-098 RUBINATE, JACOBS & SABA Scott A. Freeland, Esquire Attorney for Defendant, Jon D. Christman 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number (7\7) 731-0988 SillPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNfY, PENNSYLVANIA vs. DOCKET NO. 97-2543 Civil Tenn TIlOMAS C. BAEU, JON D. CHRISTMAN, JONATIlAN A. FIORELU, GREGORY L. GEm, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITI, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R SCOTI, JOHN S. SMITIl, JR., KENNETIl M. TIlORTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, JON D. CHRISTMAN TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND COMES, the Defendant, Jon D. Christman, by and through his attorney, Scott A. Freeland, Esquire, and in support of his Preliminary Objections to Plaintiffs First Amended Complaint hereby states as follows: 1. On or about May 13, 1997, the Plaintiff filed a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. On or about July 2, 1997, Plaintiff filed its First Amended Complaint. A copy of said First Amended Complaint is attached hereto as Exhibit "A". 3. Said First Amended Complaint contains two counts, one for Breach of Lease, the other for Intentional Destruction of Property, arising from the alleged landlord tenant relationship between the Plaintiff and the nineteen Defendants. 4. Paragraph 23 of Plaintiffs First Amended Complaint alleges that the Defendants were tenants of the premises at 26 Middle Spring Avenue, pursuant to a written lease agreement which expired on December 31, 1995. No copy of said alleged written document is attached to the Plaintiffs First Amended Complaint. 5. In paragraph 24 of Plaintiffs First Amended Complaint, it is alleged that the Defendants entered a new lease agreement with the Plaintiff commencing March I, 1996. 6. Count I of Plaintiffs First Amended Complaint is directed against all Defendants jointly and severally, seeking one month's rental payment, alleged unpaid sewer and water bills and compensation for alleged property damage to the leased premises. 7. Count II of Plaintiffs First Amended Complaint is directed against all Defendants jointly and severally, alleging intentional destruction of the leased premises, seeking compensation for the alleged damage to the premises and punitive damages. :2 COUNT I MOTION FOR MORE SPECIFIC PLEADING 8. Paragraphs one through seven of Preliminary Objections of Defendant, Jon D. Christman to Plaintiffs First Amended Complaint are incorporated herein by reference. 9. Plaintiff fails to attach complete copies of the written documents referred to in the First Amended Complaint in violation of PA.R.C.P. Rule 1019. 10. Plaintiff fails to set forth separate counts of liability, with specific allegations against Defendant, Jon D. Christman in violation of PA.R.C.P. Rules 1019 and 1020 and applicable case law. II. The Plaintiffs First Amended Complaint lacks sufficient specificity in violation of Pennsylvania Fact Pleading Requirements, preventing Defendant, Jon D. Christman, from preparing an adequate response to Plaintiffs First Amended Complaint and ultimately defending this action. WHEREFORE, Defendant, Jon D. Christman, respectfully requests that the Plaintiff be ordered to file a more specific pleading, to attach complete copies of the writings at issue to the First Amended Complaint and provide specific counts with specific allegations against Defendant, Jon D. Christman. COUNT II DEMURER 12. Paragraphs one through eleven of Preliminary Objections of Defendant, Jon D. Christman to Plaintiffs First Amended Complaint are incorporated herein by reference. 3 13. Plaintiff fails to plead sufficient facts to support a claim for punitive damages. 14. Count n of Plaintiffs First Amended Complaint fails to state a eause of action upon which relief may be granted against Defendant, Jon D. Christman. WHEREFORE, it is respectfully requested that your Honorable Court issue an Order granting a demurer as to Plaintiff s claim for punitive damages contained in Count n of Plaintiffs First Amended Complaint. Respectfully submitted, RUBINATE, JACOBS & SABA /. ~/~.. ,--;,/ /;:~. . //<'; , //~,,:.' . -' - '~ . . Scott A. Freeland, Esquire Attorney for Defendant, Jon D. Christman 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number (717) 731-0988 Identification No. 55663 4 Gregory L. '::;eib 246 East Garlield Street Shippensburg, PA 17257 Martin T. Gregorski 5877 North 7th Street Philadelphia. PA 19120 Patlick B. Leady 339 East Burd Street Shippensburg, PA 17257 Daniel E. Major 246 East Garlield Street Shippensburg, PA 17257 Adam J. Palmerio 16 North Malin Road Broomall, PA 19008 Michael J. Proliu 339 East Burd Street Shippensburg, PA 17257 John A. Ryan 339 East Burd Street Shippensburg, PA 17257 Jarrod S. Schappell 212 North Queen Street Apartment A Shippensburg, PA 17257 John S. Smith, Jr. 304 North Fayeue Street Apartment 506 Shippensburg, PA 17257 Kenneth M. Thorton 175 East Beidler Road King of Prussia, PA 19406 Jason F. Wozniak 643 East Fourth Street Boyertown. PA 19512 Thomas S. Diehl, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 AUomey for Defendant, Palmerio Howard P. Herbert 31B S. Earl Street Shippensburg, PA 17257 Frederick W. Marlowe P.O. 80,498 DiIIsburg, PA 17019 James A. Ruffner 7409 Bear Wallow Drive Warrenton, VA 22186 David R. Scou 339 East Burd Slreet Shippensburg, PA 17257 Mark E. Tilley III East Fainnont Street Coopersburg, PA 18036 /' ~~~.- /' ~ : sc6rr A. FREELAND, ESQUIRE Auomey for Defendant, Jon D. Christman "'-' 1''\V Q'7 OAT Exhibit A SHIPPENSBURG ~rlVERSITY FOUNDATION, INC., Plaintiff vs. THOMAS C. BAELI, JON B. CHRISTMAN, a/k/a JOHN B. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY L. GEIB, MARTIN T. GREGORSKI, HOWARD P'I HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M. THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 - 2543 CIVIL TRUE COpy FROM RECORD In Test\mIlny V1hero~I, I here unto set my hand and too saa) 01 s&ld court*carlisle.. Pa. This r9~ ~~9' ~)1;~~h~ Pro\11onotaJy / y 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 A 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 OUR WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor cumberland County Courthouse Carlisle, PA' 17013 Telephone: (717) 240-6200 ~ J '. '.' 4. The Defendant, Jonathan A. Fiorelli, is an adult individual who resides at 284 Glen Mills Road, Glen Mills (Delaware County), Pennsylvania 19342. 5. The Defendant, Gregory L. Geib, who resides at R.D. 4, Box 1815, Lebanon Pennsylvania 17042. 6. The Defendant, Martin T. Gregorski, is an adult individual who resides at 5877 North 7th Street, Philadelphia I (Philadelphia County), Pennsylvania 19120. 7. The Defendant, Howard P. Herbert, is an adult individual who resides at 76 North Mountain Road, Newville (Cumberland County), Pennsylvania 17241. 8. The Defendant, Patrick B. Leady, is an adult individual who resides at 32 Brenda Lane, Audubon (Montgomery County), Pennsylvania 17922. 9. The Defendant, Daniel E. Major, is an adult individual who resides at 224 Skycrest Drive, Landenberg (Chester County), Pennsylvania 19350. 10. The Defendant, Frederick W. Marlowe, is an adult individual who resides at 197 Chainsaw Road, Dillsburg (York County), Pennsylvania 17019. 11. The Defendant, Adam who resides at 16 North Malin Pennsylvania, 19008. 12. The Defendant, Michael J. Profitt, is an adult individual who resides at 820 17th Avenue, South, Great Falls, is an adult individual (Lebanon County), J. Palmerio, 'is an adult Road, Broomall (Delaware individual County), Montana 39405-5939. 13. The Defendant, James A. Ruffner, is an adult individual who resides at 7409 Bear Wallow Drive, Warrenton (Fauquier County), Virginia 22186. 14. The Defendant, John A. Ryan, is an adult individual who resides at 496 Bristol Road, Southampton (Bucks County), Pennsylvania 18966. -2- 15. The Defendant, Jarrod S. individual who resides at 326 Egle County), Pennsylvania. 16. The Defendant, David R. Scott, is an adult individual who resides at 429 Madison Avenue, Penndel (Bucks County), Pennsylvania 19047. 17. The Defendant, John S. Smith, Jr., is an adult individual who resides at 66 Covington Drive, Shrewsberry (York , County), Pennsylvania 17361. 18. The Defendant, Kenneth M. Thornton, is individual who resides at 175 East Beidler Road, (Montgomery County), Pennsylvania 19406. 19. The Defendant, Mark E. Tilley, is an adult individual who resides at 111 East Fairmount Street, Coopersburg (Lehigh County), Pennsylvania 18036. 20. The Defendant, Jason who resides at 106 Timberlane, Pennsylvania 17257. 21. Plaintiff is the owner of a charitable remainder interest in improved real property located at 26 Middle Spring Avenue, Shippensburg, Cumberland County, Pennsylvania. 22. The Defendants were all members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity and students at Shippensburg University. 23. The Defendants were tenants at the premises at 26 Middle Spring Avenue, pursuant to a written Lease Agreement which expired December 31, 1995, but all remained in possession and were served a formal Notice to Quit on February 1, 1996. 24. The Defendants entered a new Lease Agreement with the plaintiff commencing March I, 1996, a true and correct copy of which is attached hereto, made a part hereof and marked Schappell, Road, Bern is an adult Township (Berks an adult King of Prussia F. Wozniak, is an adult individual Shippensburg (Cumberland County), Exhibit "A". -3 - 25. Although Defendants Christman and Herbert did not sign the Lease Agreement, they remained in possession and are bound by the terms thereof. 26. Paragraph 4 of the Lease Agreement provides for monthly rental of Two Thousand Six Hundred Fifty ($2,650.00) Dollars'per month from March 1, 1996 through May 31, 1996. 27. Paragraph 14 of the Lease Agreement provides that the tenants are responsible for the good care of the leased premises. I 28. Paragraph 18 of the Lease Agreement provides that the Agreement is a joint and several lease, each tenant being individually responsible for compliance with all terms and conditions of the Lease Agreement, jointly and severally, with all other tenants. 29. Paragraph 18 further provides that tenants are responsible for overdue rent and money damages caused by tenants' violation of the Lease Agreement. 30. Paragraph 28 further provides that tenants are responsible for reasonable attorney fees incurred in any lawsuit which may be filed. COUNT I - BREACH OF LEASE SHIPPENSBURG UNIVERSITY FOUNDATION VS ALL DEFENDANTS, JOINTLY AND SEVERALLY 31. The averments of Paragraphs 1 through 30, inclusive, are incorporated herein by reference thereto. 32. When the tenants vacated the premises at the expiration of the Lease, May 31, 1996, one month's rental, the sum of Two Thousand Six Hundred Fifty ($2,650.00) Dollars was unpaid and remains due and owing. 33. Paragraph 16 of the Lease Agreement provided that tenants are responsible for utility services, including sewer and water charges. At the expiration of the Lease there remained an unpaid sewer and water bill in the sum of One Thousand Four Hundred Fifty-five and 46/100 ($1,455.46) Dollars which was paid -4- by the Plaintiff and has not been reimbursed by the tenants. 34. During the term of the Lease Agreement, the tenants caused substantial damage to the leased premises and departed leaving extensive trash, garbage and other debris on the leased premises. 35, Plaintiff has repaired the damages caused by the Defendants and removed the trash and debris at a total cost of Thirty-one Thousand Nine Hundred Ninety-one and 61/100 I ($31,991.61) Dollars. An itemization of the costs of repairs and clean up is attached hereto, made a part hereof and marked Exhibit "B", WHEREFORE, Plaintiff prays Your Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants, jointly and severally in the sum of Thirty-six Thousand Ninety- seven and 07/100 ($36,097.07) Dollars, together with cost of suit, interest from June 1, 1996, and reasonable attorney fees actually incurred in pursuing this cause of action to judgment, an amount in excess of Twenty Thousand ($20,000.00) Dollars, and therefore in excess of the amount requiring compulsory arbitration. COUNT II - INTENTIONAL DESTRUCTION OF PROPERTY SHIPPENSBURG UNIVERSITY FOUNDATION VS. ALL DEFENDANTS, JOINTLY AND SEVERALLY 36. The averments of Paragraphs 1 through 35, inclusive, are incorporated herein by reference thereto. 37. On or about late April, 1996, the Plaintiff was advised through Shippensburg University that a student, who was to become a tenant at the premises after expiration of the Defendants'. lease, stated he had heard that members of the Kappa-Lambda Chapter of the Kappa-Sigma International Fraternity were planning to willfully and deliberately destroy the leased premises. 38. In response to the foregoing information, the Plaintiff held a meeting with a number of the tenants, all of whom are -5- Defendants in this action. 39. Representatives of the Plaintiff confronted the said Defendants with the allegation (which was denied by Defendants) and advised them that each and every member of the Fraternity would be held jointly and severally accountable for any damage which may be caused and requested that all tenants be advised and that steps be taken to insure the property was not damaged. 40. Representatives of the Plaintiff further specifically , advised said Defendants that the Plaintiff, Shippensburg University and the local Police Department would respond immediately if any Defendant/Tenant contacted the Plaintiff, appropriate personnel at the University, or the local Police Department that acts of willful destruction were being or about to be committed at the premises. 41. Despite the said conference and warnings, none of the Defendants reported any acts of damage and destruction being committed at the premises or requested any assistance. 42. At the expiration of the Lease, when Defendants/Tenants vacated the premises, the Plaintiff found that the premises had been substantially and deliberately destroyed by the Defendants and that considerable trash, garbage and other debris had been strewn around and about the premises by the Defendants/Tenants. 43. Not one single Defendant/Tenant made any effort to obtain the assistance of the Plaintiff or other authorities to avoid or limit the damages to the premises aforesaid. 44. Plaintiff believes and therefore aver that Defendants, jointly, by conspiracy and concerted action willfully and deliberately acted together as a Fraternity to commit wanton acts of destruction throughout the demised premises and to strew it with trash, garbage and other debris with the intention of damaging and destroying the property and rendering it uninhabitable. -6- TIlI8 IS A IlIlSIDKNTIAL LUSE. IT IS A LE<lALLY BINDIIIG COln'RACT BITIIII:IDf ,. LA1IIlLOIlD l\ND EACH TII:IWlT. v.cn TIDWIT SBOllLD IlI:AD TBIS LUJlJ: CARJ:rt1L TBIS USIDI:IITIAL LIU.l._ COlITADlS WAIVERS or yoliR ~GBTb J A TI:IWlT. TIlUJlT SHOULD NOT SIGN THIS LII:AllE tlNTIL EACH TEHANT ONDI:RSTl\NDS ALL OF AQUIDIIlII'l'S IN THIS LEASE. . 1. NAllES OF LANDLORD AND TENANT Name of the Landlord: SHIPPENSBURG UNIVERSITY FOUNDATION C/O JOHN CLINTON SHIPPENSBURG UNIVERSITY SHIPPBNSBURG PA 17257 Name of the Tenants: KAPPA-LAMBDA CHAPTER OF THE KAPPA SIGMA INTERNATIONAL FRATERNITY NAME OF EACH TENANT IS LISTED ON THE FINAL PAGE OF THIS LEASE 2. LEASED PREMISES The leased premis~s is the place chat landlord agrees to lease to tanant. The leased premises is: 26 MIDDLE SPRING AVENUE, SHIPPENSBURG TOWNSHIP, COMBBRLAND COUNTY, PENNSYLVANIA 3. STARTING l\ND ENDING DATES OF LEASE AGREEIIENT This lease starts at 12:01 A.M. on MARCH 1, 1996 This lease ends at 11:59 P.M. C~ ~AY 31, 1995 4 . RENT The amount of rent is: $2650 each month. Tenant agrees co pay the $1325 on or before March $1325 on or before March $2650 on rent in advance follows: 1, 1996' $1325 on or before 15, 1996 $1325 on or before or before May 1, 1996 April 1, 1996 April 15, 199! Landlord does not have to ask (MAKE DEHAND UPON) tenant Co pay the rent. Tenant agrees to pay rent in person to landlord at the place specified by landlord, during the normal business hours specified. RENT TO BE PAID AT: RE/MAX HOME FINDERS 115 E. KING STREET SHIPPENSBURG PA 17257 NORMAL BUSINESS HOURS ARE 9:00 A.M. - 5:00 P.M. MONDAY THROUGH FRIDAY. 5 . SECURITY DEPOSIT NO security deposit ~ill te requi:ed for tr.:s lease period. 6. L1JlDLORD' S DUTY AT THE START OF TIlE LEASE Landlord ag~ees to give tenant possession o~ the leased premises on the starting date of the lease. The lease will starC even if landlord cannot give tenant possession of the leased premises because the prior tenant is still in the leased premises or the leased premises is damaged. IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT RAVE TO PAY RENT tlNTIL THE DAY LANDLORD GIVES POSSESSION OF THE LEASED PREMISES TO TENANT. 7. DAllAGE TO LEASED PREMISES Tenant agrees to notify landlord immediately if the leased premises is damaged by fire or any other cause. Tenant agr~es to notify landlord if there is any condition in the leased premises that could damage the leased premises or harm tenant or others. If tenant cannot live in the whole leased premises because ic lS damaged or descroyed, tenant may: II live in the undamaged part of the leased premises and pay less rent until the leased premises is repaired, or, 21 end the lease and leave the leased premises. Tenant agrees that it the leased premises is damaged or descroyed and tenant ends the lease, landlord has no :urther responeib11ity to tenant. k:XN16/1 "A 'I 8. INSl1RANCE '. -' Landlord agrees t~ ~ave insurance on the building w~~re che leasad premises is locat, Tenant'. own property is not lured by landlord'. insurance. Tenant lS responsible for tenant'. own ~_operty that is located in the leased premises. . 9. ASSIGmIEIlTS OR SUIILEASES BY TENANT ASSIGmIEIlT (OR ASSIGN! is the legal term for a crans fer of che lease from the tenant to another person. This other person then becomes the landlord's new tenant and takes over the lease. Tenant agrees not to transfer (assign) this lease to anyone else without the written permission of the landlord. A sublease is a separate lease between the tenant and another person who leases all or a part of che leased premises from the tenant. Tenant agrees not to lease (sublease) all or any part of the lease premises to anyone else wichout the written consent of landlord. Tenant agrees that if tenant transfers this lease (assignsl or leases all or a part of che leased premises to another (subleases), tenant has violated this lease. 10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE LandlOrd is responsible for all damage to property or ln3ury to people caused by landlord'S (or landlord's representacives) incentionalor negligent acts at the leased premises. TENAN'l" IS RESPONSIBLE FOR ALL DAMAGE TO THE LEASED PRDlISES 1.ND INJURY .TO PEOPLE CAUSED BY TENANT, TENANT'S FAHILY OR GUESTS. Tenant agrees that landlord is not responsible Co tenant, tenant's family or guests for damage or injury caused by water, snow, or ice that comes on the leased premises unless landlord was negligent. 11. USE OF LEASED PREMISES Tenant agrees to use the leased premises only as a residence. Tenant agrees to obey all federal, stace and local laws and regulacions when using the leased premises. Tenant agrees not to store any flammable, hazardous, or toxic chemicals or substances in or around the leased premises. Tenant agrees not to do any activities in or around the leased premises which could harm anyone or damage any property. Tenant agrees that tenant will not allow more than 19 (nineteen) people to occupy che leased premises without the written permission of landlord. Tenant shall have a right to invite to the leased premises, for a reasonable period of cime (not to exceed fourteen days without the written consenc of landlordl guests, family, or visicors so long as his obligations as a tenant under this leases are observed. 12. RULES AND REGULATIONS Tenant agrees to obey all rules and =egulations for the leased premises. If tenant violates any rules or regulations for the leased premises. tenant violates this lease. 13. LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES (SUBORDINATION) Subordinate and subordination are legal terms thaC mean chat this lease does not have any effecc upon the rights of the landlord's mortgage company. In other words, tenant, rights under chis lease are . subordinate to landlord'S mortgage company. If landlord does not make the mortgage payments, the mortgage company may hav~ the right to end the landlord's ownership of Che leased premises. If the mortgage company sells the leased premises at a mortgage foreclosure sale. the lease may end. Tenant agrees chat landlord has the righc to mortgage the leased premises. If landlord has a mortgage on the leased premises now, or it landlord gets a mortgage in the future, tenant agrees that this leale i. .ubordinate co che landlord'. mortgage. A -I LANDLORD : TENANTS I SHIPPENSBURG UNIVERSITY FOUNDATION KAPPA-LAMBDA CHAPTBR OP THE KAPPA-SIGMA IlITERNA' NAL FRATERNITY LANDLORD AND TENANT AGREE THAT THE FOLLOWING ADDITIONAL AGREEMENTS ARE PART OP THE LEASE: .' I. ROLES AND REGULATIONS FOR 26 HIDDLE SPRING AVXIIUE SBIPPENSBORG TOllNSBIP, CtlXIlERLAND COUNTY, PENNSYLVANIA. TllRSE ROLES AND REGULA'l'IONS ARE FOR TIIR SAFETY AND CONVllNIENCB OF ALL TENANTS. 1. Tenants leased premises is supplied with a heat source as part of the lease. If the heat source fails or there is not enough heat, tenant shall not1fy landlord. Tenant agrees not to use kerosene heaters or electric space heaters or any other portable heaters without the prior written consent of landlord. 2. Tenant will not make any alterations of the leased premises without the prior written consent of landlord. 3. Tenants agree that waterbeds or any other liquid filled furniture are not permitted in the leased premises. 4. Tenant shall not disable the smoke detectors or other tire warning or fire protection devices. Tenant shall notify landlord if a smoke detector or fire warning or protection device is not in working order. 5. Tenant shall pay a service charge of twenty dollars ($20.00) if a check given to pay rent is returned for insufficient funds or other cause within the control of tenant. 6. Tenant agrees that tenant will not keep any pets on the leased premises. Tenant agrees that tenant will not allow tenant's family or guests or others to have or bring pets onto the leased premises. 7. Tenants agree not to install any air conditioners in the leased premises without the prior written consent of landlord. B. Tenants agree that no parties will be held on the leased premises without the prior written consent of landlord. 9. Tenants agree that the basement of the leased premises is for the exclusive use of tenants only. Tenants will not permit any visitor or guest or any other person under tenants control to enter the basement area of leased premises without the prior written consent of landlord. Tenants agree that under no circumstances will the basement area be used for occupancy or entertaining. 10. Tenants agree that if parking is available it is for tenant's convenience only and is not guaranteed by landlord. II. COMMUNICATIONS AGREEMENT 1. For the convenience of tenants and la~dlo~c. and to facilitate a smooth and reliable channel of communications, tenants agree to provide in writing the name, street address, mailing address, and telephone number of an individual who will serve as the tenants agent for any routine communications between tenants and landlord. Tenants agree that tenants agent will reside in the leased premises during the term of the lease agreement. The tenants a5lll\lt,,;,sllJI An-ly 2C/rA<JC7<- address: ~ {!1I:?{{l_l!f'~ ~. telephone number: "Q;l1-lf-5o/ 2. Tenants agree to provide ten (10) days advance written notification to landlord of any change to tenants communication agent identified in item 1 above. 3. Tenants agree that any routine, non emergency. communication (for example; schedulin~ showinos of the leased premises, reporting the need for minor repairs to the leased premise., etc.) nece..ary during the term of the lease agreement, both oral and in writing, will occur between tenants agent and landlord or landlord', agent. A -,'V ~~.. ~~~~ ~h ~U ~.~~ UU~ FM~~uU~~~ A. cia:cx IN PROCIClllUS. . 1. Tllnantl an. .andlord will both be in possu In ot at least one key for each lock on leased premises. 2. A set of 36 (thirty six) photographs are in the possession of both landlord and tenant showing the condition of each room in the premises, the exterior of the residence, and other areas on the leased premises. Both tenant and landlord agree that chese photographs represent the condition of the premises at the scart of the lease period. 3. Within tive (5) days of taking possession of che leased premises under this lease agreement tenant will deliver in writing to landlord a list of any addicional items Cenanc wants to include as evidence of che condition of the leased premises at the start of this lease. agreement. 4. Wichin five (51 days of receipt of any lisc as described in paragraph three (3) above, landlord will inspecc each icem on che list and verify che condition. If necessa=y landlord will take additional photographs. Landlord will retain one copy of each photograph and wichin ten (101 days will deliver one copy of each photograph to CenanC. Both tenant and landlord agree that both ,tenanc's list and the addicional phocographs represent the condition of the premises at the start of the lease period. B. CBECIt OOT PROCEDURES .1. At the end of the lease period each tenant will provide landlord 'with a forwarding address where tenant can be concacted. 2. At the end of the lease period tenant will return all keys to the premises co landlord. If all keys issued co CenanC are not returned at the end of chis lease landlord will bill tenant for the cosc of a lock change for each lock for which tenant did noc return a key. 3. Landlord will compare the photographs and tenant's list documenting condition of the premises ac che beginning ot the lease agreement with the condicion of che premises at the end of the lease agreement. If there are damages to che leased premises for which tenant is responsible cenant agrees to compensate landlord for the cosc of making repairs. 4. Landlord agrees to provide tenant wich an itemized bill tor any lock change or damage repair done co che leased premises within chirty (30) days ot the end of the lease period. Tenant agrees to pay the bill received from che landlord wichin cen (10) days of receip=. BY INITIALING THESE ADDITIONAL LEASE AGREEllDlTS. EACB TENANT AGREES TBAT TENANT lL\S READ AND UNDERSTANDS ALL OF TBESE ADDITIONAL AGREEHDlTS AND UNDERSTANDS THAT TRESE ADDITIONAL AGREEMENTS ARE PART OF THE LEASE. LANDLORD: SHIPPENSBURG UNIVERSITY FOUNDAT:ON THONAS S. MITR05 AGENT ,OR THE LAllDLORD TENANTS: \ !1fl FREDERICK MARLOWE ~ AD~.M PALMERIO .,tf'P MARK TILLEY JASON WAZMAK JOHN S. SMITH JR DANIEL MAJOR MICHAEL PROFITT JOHN RY>.N ANDY RUFFNER DAVID SCOTT KIN TlI0RNTON JON CHRISTMAN 0"' J HOWARD HERBERT G-- JARROD SCHAPPEL~ GREGROY GEIB ~ PARTICK LEADY ~ A-"3 TA;.! BAELI JON FIORELLI ,.' '.leD&1l'- oLe. "'t:tljJV~'D.W.'" .._., _._ ........... premises and all o~ the propercy in ;~~-around the leased premi.ea. Tenant agrees to pay for any damage caused by tenant, tenant'. family and tenant'. guer . Tenant agrees to turn over p~~se..ion of the leasea premises l .andlord when tbe lease ends, LANDLORD'S RIGHT TO KNTKa LEASED PREMISES 15. Tenant agrees that landlord and landlord's representatives have the righc to enter the leased premises at reasonable timcs. Landlord and landlord's representatives have the righc to inspect, to make repairs, to do maintenance, and to show the leased prcmises to others. 16. OTILITY SERVICES . Landlord and tenant agree to pay the charges for utilicies and services supplied to the leased premises as tollows: Charae or service. Television cable Electric co premises Water service Natural Gas Refuse collection Lawn maintenance Snow and leaf removal Sewer,charges Parking fee Pest Control charges Landlord has the right to turn service Co the leased premises maintenance. Paid by: Tenant Tenant Tenant Tenant Tenant Tenan t Tenant Tenant Tenant Tenant off temporarily any utility or other in order to make repairs or do 17 . GOVERIlHENTAL POWER OF D1INENT DOMAIN Eminent domain is che legal name for the righC of a government such as the scate or county or ciCy to cake privace property for public use. The government must pay fair compensation to anyone who has any right in the property thac is taken by che government. If all or any part of the leased premises (or che building within which the leased premises is located) is taken by eminent domain, this lease will end aucomacically. Landlord and tenant agree to release each other from any responsibilicy because leased premises is taken by eminent domain and the lease has ended. lS. VIOLATIONS OF THIS LEASE IlKEII EITBER LANDLORD OR TENANT DOES NOT DO SOMETHING' THAT TIlEY HAVE ~ AGREED TO DO, IT IS A VIOLATION OF THIS LEASE. IF TENANT VIOLATES THIS LEASE, LANDLORD CAN SUE TENANT FOR EXPENSES AND MAY SUE TO EVICT TENANT. EACH TENANT SHOULD NOT SIGH TBIS LEASE UNLESS EACH TENANT BAS READ AND CLEARLY UNDERSTANDS THE INFORMATION IN THIS SECTION ABOUT LEASE VIOLATIONS. .. TBIS IS A JOINT AND SEVERAL LEASE THIS IS A JOINT AND SEVERAL LEASE. THIS MEANS THAT ALL TBE TENANTS AS A GROUP AND EACH OF THE TENANTS AS AN INDIVIDUAL ARE RESPONSIBLE TO LANDLORD FOR ALL OF THE AGREEKENTS OF TBIS LEASE. FOR EIAHPLE, IF THE RElIT IS NOT PAID, LANDLORD CAN SUE ALL OF TIlE TENANTS (JOINTLY) FOR ANY UNPAID RElIT. OR, LANDLORD CAN BRING A SUIT AGAINST ANY ONE TENANT SEPARATELY (SEVERALLY) FOR ALL OF THE UNPAID RElIT. ,I ! TENANT VIOLATES THIS LEASE IF TENANT: 1) 2) FAILS TO PAY RENT OR OTHER CHARGES TO LANDLORD ON TIKE OR, LEAVES (ABANDONS) TBJ: Lv.sED PREMISES WITHOUT TBIi: LANDLORD'S PERMISSION BEFORE TBJ: END OF TBJ: LEASE OR, DOKS NOT LEAVE TBJ: LSASID PREMISES AT TBJ: END or THE LEASK OR, DOES NOT DO ALL OF Tn THINGS THAT TENANT AG~ TO DO IN TlISiLEAS!. A~tj 3) 4) t1AR-2"-77 5141, lU :UU t<t.M....,.. t10Mt.F JHDt.'<tJ '17~.a;.:......,,, .lumma". of R~il"l-Tn'" naB.. 16 Middle Sp~ AnllUf, SlllppCltllllb&, PA 1715'7 . , UAm Marcb J, 199' - May 31, J!nl6 , , ' . , . I PEL!l'!Q!Jt:NT UTILI'T1'r.S . i Water llIId Sewer Ua,a1d .S 1.4" 46 : ':. i EstertoriIDlerlar DoGn , 12 K wikJcl LocI<scts, Interior Doer Rrinforcer Door OosertlPanic Hanlwtn 6 K..w.t LocUcts. Exlerior RqlIaccd 12 lDtcrior Doors REPAIRS WiDdo1l" WaI1JICdllBp ~m& '. . i ,aiat1a& ' . , , Tear Up D~ P100rillJ Rcrlo---t Capcc MataiaI a: Labor 3'2.30 16.95 989.73 149.'9 2,000.00' 600.00. 10,249.50' $00.00' ',450.00 2,933.32 760.71 2,2.00 2.2.00 151.85 187.87 '0.00 1,078.'1 '3.'2 lib.Sol . , i.c;y~. 75 .;n.lo . ...... ....., 1.7/V.O~ i.S..S.iS ... ~. ..".O"t ,,.'" ..'" J~~ PIRlJSECUIUTY' I FIn EstI~plw., (rtplaamCIII) . PLUMBING : . . PldbiaC ; , . DOCUMENTATiON I . . , :. ' ~D ElpClIdIlafts . ;. l'bolognpllJ (40) 3/5196 . I'~Supen1SiOll I'boIolI2plu (m atlllffl> . . l:l.i("KJC'AL : . lJcciricu . , , ., CLiAl"ui G . . ~ 1ltpir LaU Ocar Ooc&<d Toilds Showc 1l.cpairlBrobll ToiId RcpaIrToik:Ul~ Exbaua F alii (lIlOlOnIbl.dcs)lBub ~cslSwl1x:b../f~os : NNP ...au., rcpoin . I ~DCra1 Ciaa.iaC Ci; TraG iU-aHn-al I ",_~_._... " _ . . _ .. : LAUUJ 1\&::U1V"'Il~ 1.J'tU1I~.IU1 V}I , DWU!tMci Fen _..~ ,.._ \.\.. .'1'". .~ .. . "IVUI .Jo\.'~lI.)U~' :.fu,.:(.::....-.cws CUL-up . , . TOTAL T~NANT uAMAGES: 533...7.07 I . , ~ rut of ~IU ;"..;.e , . . , . !1"R-:!9-1997 113: 1:! ~x Nt8Fr fj 717S3:!438Cl 93:, P.e::! SHIPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 - 2543 CIVIL vs. THOMAS C. BAELI, JON B. CHRISTMAN, a/k/a JOHN B. CHRISTMAN, JONATHAN A. FIORELLI, GREGORY'L. GEIB, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO" MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITH, JR., KENNETH M. THORNTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants n \.0 0 E: -.I -11 - =::J '- \.1 ~. ~ c: ;~~~~ ,- ~-;~ ~~~ I ,. .~ N n, ~ '. ,.' ~.: . 90 ..... -a ::::~ - - =~ Co:. ~~) tr11 ." ~ ~ =< :.Jl 5.~ <::l -.. CERTIFICATE OF SERVICE AND NOW, this :;:{I'\Aday of July, 1997, I, Dale F. Shughart, Jr., Esquire, attorney for Plaintiff, hereby certify that I have served true and correct copies of the First Amended Complaint upon the following Defendants in the following manner: Served on: Jonathan A. Fiorelli, by mailing a copy of the same by United States mail, postage prepaid to his attorney of record, addressed as follows: Scott A. Freeland, Esquire RUBINATE, JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Served on: ThomaB C. Baeli, Gregory L. Geib, Martin T. GregorSki, Patrick n. Leady, Frederick W. Marlowe, Adam J. Palmerio, JameB A. Ruffner, John A. Ryan, Jarrod S. Schappell, David R. Scott, Kenneth M. Thornton and Mark E. Tilley, by mailing copies of the Bame by United States mail, postage prepaid to their attorney of record, addressed as follows: Thomas S. Diehl, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 Served on: Michael J. Profitt, by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Michael J. Profitt 820 17th Avenue, South Great FAlls, Montana 39405-5939 Served on: Daniel E. Major, by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Daniel E. Major 224 Skycrest Drive Lan~nberg, PA 19350 Dale F. Shughart Jr., 35 East High Street, Carlisle, PA 17013 (717) 241-4311 -... -:1' ,. i \.. ,.. UJ'-'l C'; , ), 1:-' C,I ,l.: ,. " ('--1 ll~ I (' " -- I .. " ,_. r ; ,r' ..: <= ..: 00 ~ S = ... :r.~~ ~QQ~ ,..~CQ!"'" _ao= .o<a<~..!. :... U :.r.: U1 c.; I I'"') o<~~...!;;~ ,..,z-~......,.... ~ ... ~;;.I';:-- ,~:nr.n.t--r-- -~1' e:r::: <- .....-~ z.... '" - _ u ti:; <= ::> Cl:: ~ 97-098 SIDPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DOCKET NO. 97-2543 Civil Tenn TIlOMAS C. BAELI, JON D. CHRISTMAN, JONATIlAN A. FIORELU, GREGORY L. GEm, MARTIN T. GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITII, JR., KENNETII M. TIlORTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE SCOTT A. FREELAND, ESQmRE, hereby certifies that he is the attorney for Defendant, Kenneth M. Thorton herein, and that he caused a true and correct copy of Withdraw of Appearance/Entry of Appearnace to be served by regular first class mail upon: Dale F. Shughart, Jr.. Esquire 35 East High Slreel. Suite 203 Carlisle, PA 17013 Allomey for Plaintiff Thomas S. Diehl. Esquire Griffie & Associates 200 North Hanover Slreet Carlisle, PA 17013 /1~~7 f ~~ scorr A. FREELAND. ESQUIRE Allomey for Defendanl, Kennelh M. Thorton '- (') t-' (~ -" '- ,- .0 u.~'#_.. (..~ ( , fi. Ie. ... ',J S'i cr' ._'1 (_l' , \.1'- " ; '\ ';1'"\ .... , ,. ei) < I (" ; ) ,. ~ -.: [/J ~:.: z ~ ~ -~ ~ - ... l"'j ;:;:O~O ...W.1I"l O~!::l: ::"'i~ -". ...;..; .;.., ;.;.:".1';'" .... -.:- z'" - - ::> CI:: .. - ... OQO~ "'",= ~g..!. ~..!.~ ... ...... - -- -...... - .... t: ;.0: '" ~ W ~ 97.{)17I97.{)98/97.127 Dale F. Shughart, Jr., Esquire 3S East High Street, Suite 203 Carlisle, PA 17013 Attorney for Plaintiff SIDPPENSBURG UNIVERSITY FOUNDATION, INC., Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DOCKET NO. 97-2543 Civil Tenn TIlOMAS C. BAEU, JOHN B. CHRISTMAN, JONATIlAN A. FIORELLI, GREGORY L. GEm, MARTIN T, GREGORSKI, HOWARD P. HERBERT, PATRICK B. LEADY, DANIEL E. MAJOR, FREDERICK W. MARLOWE, ADAM J. PALMERIO, MICHAEL J. PROFITT, JAMES A. RUFFNER, JOHN A. RYAN, JARROD S. SCHAPPELL, DAVID R. SCOTT, JOHN S. SMITII, JR., KENNETII M. TIlORTON, MARK E. TILLEY, AND JASON F. WOZNIAK, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO TIlE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Respectfully submitted, J! n ----I C;!,,;; /;/-'\ B n v . /;/7.,'1' y: \."::"" '-. . ~ __ ~ I I Dale F. Shughart, Jr I. Esqui 35 East High Street, Suite 203- Carlisle, PA 17013 Attorney for Plaintiff Court No. 1(/7; 1 ~