HomeMy WebLinkAbout01-06130
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ROBERT J. BENDER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO.2001-(oI30 CIVi l
DAVID BILLMAN,
Defendant
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 ajudgment 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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ROBERT 1. BENDER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 2001- Co/30 e;,,; (
DAVID BILLMAN,
Defendant
COMPLAINT
COUNT I - EJECTMENT
1. Plaintiff is Robert 1. Bender, an adult individual who resides at 4 Spartan Circle,
Camp Hill, Cumberland County, Pennsylvania.
2. Defendant is David Billman, an adult individual whose last known residence is 216
Fourth Street, New Cumberland, Cumberland County, Pennsylvania, and who operates a place of
business at 213 Fourth Street, New Cumberland, Cumberland County, Pennsylvania
3. Plaintiff is the equitable owner of the premises located at 213 Fourth Street, New
Cumberland, Cumberland County, Pennsylvania, under a Sales Agreement with Gertrude D.
Bender dated August 18, 1998. A true and correct copy of said Agreement is attached as
Exhibit "A".
4. Defendant is the lessee in possession of the premises located at 213 Fourth Street,
New Cumberland, Cumberland County, Pennsylvania, pursuant to a Lease Agreement with
Plaintiff dated June 7, 2001 for a term of years expiring on June 30, 2004. A true and correct
copy of the Lease Agreement is attached as Exhibit "B".
5. The Lease obligates Defendant to pay monthly rent in the amount of $1,095.00 per
month for a total rental for the entire term payable to Plaintiff in the amount of $39,420.00.
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6. The Lease further provides that if Defendant fails to pay the rent or any part of it
when due, there shall be deemed to be a breach of the Lease and that the Lease may be
terminated by Plaintiff.
7. Defendant has failed and refused to pay the rent when due. Specifically,
Defendant has only made a partial payment in the amount of $825.00 for the rent due on
August 1, 200 I, and has failed to make any payment for the rent due on both September I, 200 I
and October 1,2001.
8. Written notice of default was sent to Defendant by letter dated September 17,
2001. A true and correct copy of Plaintiff's letter of September 17, 200 I is attached as Exhibit
"C".
9. Defendant has failed and refused to timely cure the defaults of which he was
notified by Plaintiff's letter of September 17, 2001.
10. Despite the termination of the Lease effective September 17, 200 I, Defendant has
failed and refused to vacate and surrender possession of the store to Plaintiff.
WHEREFORE, Plaintiff requests that this Court enter judgment in favor of Plaintiff and
against Defendant, David Billman, for possession of the premises located 213 Fourth Street,
New Cumberland, Cumberland County, Pennsylvania.
COUNT II - LOSS OF RENTAL INCOME
11. Paragraph I through 10 inclusive are incorporated herein by reference as though set
forth herein at length.
12. Pursuant to the Lease Agreement, the rent for the entire unexpired balance ofthe
term of the Lease Agreement is now due from Defendant to Plaintiff.
13. The Lease Agreement provides for the amount of$25.00 per day for each day that
the rent is not paid following the expiration of a five-day grace period provided therein.
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14. The Lease Agreement further provides for payment by Defendant to Plaintiff in the
event of a default of interest and costs, together with an attorney's commission of 15% of the
unpaid rent due.
15. Pursuant to said Lease Agreement, the total amount due from Defendant to Plaintiff
as a result of said default in unpaid rent is $37,500.00; late charges due from Defendant to Plaintiff
as of October 12,2001 in the amount of$I,700.00 and continuing to accrue each day for as long as
the rent remains in arrears; the total amount of attorney's commission due pursuant to said Lease
Agreement from Defendant to Plaintiff is $5,625.00; the total amount of interest and costs incurred
in prosecuting this action remains to be determined. Therefore, as of October 12,2001, the sum
owed by Defendant to Plaintiff pursuant to said Lease Agreement equals $44,825.00, with
additional late fees, interest and costs accruing each day.
16. The fair rental value of the premises is the monthly rent reserved under the Lease.
17 Plaintiff claims damages for Defendant's unlawful detention of the premises in the
amount ofthe store's fair rental value from the termination of the Lease up to and including the
time of trial, less any sums received on account of rent since the termination of the Lease.
WHEREFORE, Plaintiff requests that this Court enter judgment against Defendant, David
Billman, for unpaid rent in the amount of $37,500.00, together with late fees, attorney's
commission, costs and interest as provided in the Lease Agreement.
Respectfully submitted,
2'1 0 CT Z.o~ I
DATE
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ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
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August 18, 1998
This is an agreement to sell real estate between Gertrude Bender, known as the seller, and
Robert Bender, known as the buyer.
Procerty Location! Descr\ption
The properly is located at 213,215,217, and 217 Rear, Fourth Street New CLunberlJlnd
PeIlllSylvania 17070. Property is mixed use consisting of three apartments, approximately
800 square feet of storage and approximately 4500 square feet of retail' warehouse.
Sale Price
$169.000.00
Tenns
A deposit of$25,000.00. Balance to be paid Qver ten years in monthly installments of
$1,200.00 due by the fifth of each inOnth..
Condition ofPropertv
"As-is'"
Buyers Resoon.qibilitv
Buyer to be responsible for all taxes, repairs and maintenance bills and all other related
expenses.
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Date
.An;t;;J..- ~
Seller D&e
EXHIBIT "A"
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)'RINCIPALS
(1-78)
PROIJERTY
(11-74)
SI'Ii:CIAL
CIA\\JSl~S
ADDENDUM
IN1'I'IALS
NON-RESIDENTIAL LEASE FOR REAL ESTATE L--1969C
PART ONE OF A TWO PART AGREEMENT
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'\1';, \""" "'<:tm'Im"",lod ond "Jl1'"""cd I"". """ "Ill "',,,ie,,,,\ to ~"" 1):1. '1lC"lI1i:rnl>\' 1110 I"'\\\",~\~""i~ "'''''''''\''Nn <PI Rl'.Al.TOI1.S4I'w\\C" u=\ ..ill, "" "1'1"'",\0\\ 1~1<k",II"" 0.\,,,,,1...,,\\ "",'"''
1. ell)
or
with improvements consisting of Nit
UpOll the following terms and conditions to wit: . cO
\\)) To\all'enh\1 fOTen\in:: lenu pa)lable \0 Le:;:;Of $ 3'9/~c.f:2o <L-
(e) PlIymclIts ill adVlUlec fJ. Monthly 0 inlhc 1I11101.1nt of: $ J.O?.s: c:o
{d) C.1s11 or eheck 10 be paid b'1.+ po.~se~~ion by Lcsse~~eh i~ to be llpplicd oll.aecou!.1I as roIlQw~: a;:>f
Advanecrenl ~I\I { lo:l'ul'f 3\ Paid $ ~~ Due $ ~ 1Z:r~
On accoulll of final p~yment of rent Paid $ AJ 14 Due $ _
Sccuritydeposit(~ccpllr. I (OJ Paid $ L~ tODuc $ _
Credit report Paid $ 1Jrt Due $ _
P;lid $ ----j\:FF Due $
P"iu $ - - ,liog~, CO ffut- FfY
..... DUe$_
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(h)
(i)
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(I)
((11)
(11)
(0)
(1')
hI)
Totals - Paid to date. ...." ,.
Bala\\cc due before po!',~ess<<m ' .
AdjuslcdplIymcllto(rcntunlil rcgularduedalc, ifany
SeeUrilY depo~il ..4 - CO da.
I.-ulc chargc if renl nOI pllid wilhin gmc permo 25. ;per "I
Due date for each pllymcnt # :f ^~ f?l1r~ ~
Term of lhi~ lease --n..e.e... Ire;;
COlllmcnt'CmcntdaleofleaSc_;:::r~~\~\
El\lliralionduleoflcil~e "'7]'l1^"~ 30 ~ool{.
RC(luircdwrillcnnotieetolermillalelhislea~c ~ .df_
l{enewaltermifnottcnuinatedbycithcrparty ,Fe; cd-'-lf (iqc:r:-7~
Lc.~see will occupy ]Jremi~cs ONLY liS r ~ I
M..,i",m" """''''' of '"'''I''''''' ""u"' Ih" Ie"" >,\1"
Paymenls to be made promplly when due in lawful llIolley of lhe Uniled SWle~ or America 10:)( Lc~~or 0 Broker for Lc~~or
U\ilitics & services 10 be supplied as follows:
Lc.~sorwiJlsupply: i/'(eoldwllter, 0 holwmcr, 0 g'l~, 0 hem, 0 electric, )![Iawncarc.
o snow removal, 0 janilor service, 0 yellrly oill>urner deuning, 0 cesspool dC<ll1ing, 0
[J lawll & shrubbery carc. 0
Lcs~ce will l;upply: 0 cold water, pJ. hot wuler, p( gas, ;.(hcat,
I)( SllOW removal, 0 waler in c)(ce~s or ye:lrly minimum charge,
-0 ee~spool cleaning, 0 lllwn & shrubbery ClIre, 0
N~)IWilhslandillg unYlhi~lg ~1Crciu to lhe eOl\lr~ry~ ~e~see will pay eo~t of any or aU repairs of any kin{~..\t!',(lcvc\". occurrillg
allcr commencemenl 01 tJll~ lellse where lhe IIldlVlduul cosl of eilch repair i~ less lhan.$ ~SO ~
No pCl" or m\imab. of aay kind wlw.tJ;ocvcr will he permitted oil fI\" willli" \he berein described premises cAccpling
O(l~ S..V; [I rl.C~ -
r V\o'\ct\+ti
')<clcclric, Olilwllcarc,
o ycarlyoilhurncrclcill1jl\~.
(f)
(s)
L-eSx,r -+0 ?(O\;',clR.. 6c..+1r\rcOvv-. V\,
P('OrM- eoo"", Or- ~Lo.... Less4Zlr (,J~ II AlSo
,?('00~.Q. lic-\- c.Ni Cr:, ld Wc.-k. ((A.e.. Dl\d hot (rh-kr
~.-\-er -\-0 f.:/'DM ~o r.r... 6 ~ ~o..($L,
w,. 'l~",
3. rhc Lessor and Lc.s.~ec .1g1CC for thClJlselvcs.thClr~rcSJlcctIVC heU':; and ~Ucccsson; lIud lIslilgn~ 10 the herclll dc~cnl>cd lCllll~ aml.llm
I"~' 'I lorth III lhe Ie n attached herelo enti ERMS AND CONDITIONS," (PART TWO) all of which arc 10 ue
rc III . ml\11g 1101\ I gal eOlulttulllS. t2-./)
LESSE LESS ~ LESSEE _ LESSOR~ LESSORK:tcS uROKERIl/t9-
EXHIBIT "B"
I1l Pennsylvania AS$ociation of
nJ:^IT0r>"""
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COI'\'lUGUT I"';NNS\'INANIA ASSOCIATION 010' IU~^I:roRS@ 19711
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Special
Clauses
laxes
(5-72)
Fire
Insurance
Premiums
Sewer Rent
condition of
pavement
security Deposit
(12-85)
Affirmative
Covenants of
Lessor
Place of
PClyment
Affirmative
Covenants of
lessee
(11-74)
Payment
of Rent
Late Charges
(11.74)
Cleaning,
Repairing, etc.
Requirements of
Public Authorities
Fire
Surrender of
possession
(11-74)
Notice of Fire, etc.
Pa'! for Gas and
Electricity
Indemnification
NON-RESIDENTIAL LEASE
PART TWO OF A TWo.-PART AGREEMENT
TERMS AND CONDITIONS
L-2C
This form rcconunended and approved for. but not rcstricced 10 use by. the members of the pennsylvaniaAssocianon ofREALTORSIil
Copyright Peru:tSylvaniaAMociation of REALTORS<3l 1973
4. (a) Less 'Aimttrn-i<ental-htrein-reE:eived,-alHaxe~nt;"'gaWage-andlor-ltaSh-eolleefjen s\.nrgps
. W'i-~s..lease...in excess of and
ase. The amount due hereunder on account of such taxes shall be apportioned for that
p each subseq y, as assessed thereafter during the term of this lease including extensions or renewals
the Lessor as additional rent on or before sixty days from the Broker for Lessor's notice to the Lessee having
c tax in ase~
(b)tJr/f ~Rl9G6 BpBsii!ea R')'.v~.. tv th... ........t.....J. t:!..... ~...........;..ta/Ole sf m.) -......;1. Yll inv.............. ta he Jlaia b) th.;. r............. h...~.......~. ~l~.al bl;; 41Jl^'~dvucd-in
acccu:danee .....tili that pr~ta/Ole . mea the l.esse~s..nmHepresent!"tu t:l.,,- lu~.d ;'uwuu;; dUlL 0.... bailding-wottld-yie~eased:-
the h,,;\~t{IJ::~:,';,f::':":~~::':~::i~:';:;:':::~tn::,-;:,:':~":':::~. ':;.~~':~:,~::;=:'~r.:~=~:;: ~:~.~!.::;::::.<~,:"=
of'fflBkia- thisiease-,..i.f.-sai.d..,inerease-is..caused by <U'j' "....t nr n"'gJp.ct of tnp. T ..~~~lt ~. 11.... uaL~Tbusiness:
se~e,,(dEI:!!!-;,~::,f':~';:;::~' ~;;::.:; :':~:~~:;,,:;~~~i;,,~:':':;;;:~~~e::~:~~:::~~~{'''.:~:'~';'-;;f''~'~;;' ::':! :~.:~~i=
..1lhen tt-.. raHl.sl:Ieeem<. dt1~.
(e) Lessee shall be responsible for the condition of the pavement, curb. cellar doors. awnings and other erections in 'the pavement during the tenn
of this lease; shaH keep the pavement free from snow and ice. and shall be, and hereby agrees that Lessee is solely liable for any accidentS, due or alleged
to be due to their defective condition, or to any accumulations of snow or ice.
S. The "security deposit" specified in Par. #1. (f) shalI:be held by R lb. [~. Lessor as security for the perfonnance of all the terms, covenants and
conditions of this lease and for the cost of any trash removal. housecleaning and the cast of repairs and/or the correction ofdatnage (which is. in the opinion.'
of the Lessor andlor Broker for Lessor. in excess of normal wear ;md tear); otherwise, the "security deposit" or any balance thereof shall be returned after
the Lessee has vacated and left the premises in an acceptable condition (following a personal inspection by Lessor andlor Broker for Lessor) and surrendered
all keys to Broker for Lessor. If the Lessor determines that any loss, damage or injury chargeable to the Lessee hereuI).der, exceeds the security deposit, the
Lessor at his option, may retain the said sum as liquidated damages or may apply the sum against any actual loss, damage or injury and the balance thereof
will be the responsibility of the Lessee. Lessor's determination of the amount. if any, to be returned to the Lessee shall be final. It is further understood and
agreed that the said security deposit is not to be considered, as, the last. payment under the lease, however the rights of the Lessor shall not be hindered to
retain the security deposit, or a portion thereof as payment on account of uncollected rents, if any.
The aforementioned "security deposit" shall be paid to the V " f I Lessor who will deposit same in a separate custodial type account. Broker for
Lessor shall keep records of all funds so deposited as required in acpordimce with the Act of February 19. 1980, P.L. 15, No.9.' Section 604 (63 P.S. 455.604).
Said account will be clearly identified as required indicating tl).e; q.ate and from whom he received money, the date deposited. the date of withdrawals and .
other pertinent information conceming this transaction. It is undersiood 'ElIld agreed that should the property herein mentioned be sold. exchanged. transferred
or conveyed to a new owner, that at the time of settlement, any money held as a security deposit shall be transferred to the new owner or his agent, to be
continued to be held as a security deposit.
6. (a) If the Lessee so desires, Lessor, if possible. may make available to Lessee. without charge, a space in the building for the storage of goods and
effects of Lessee. In consideration of the fact that no extra charge is made for the furnishing of such space by the Lessor, it is understood that Lessor shall
not be liable for loss or damage to any stored goods through fIre or theft or any cause whatever, and Lessee expressly releases Lessor as bailee or otherwise
from all claims for any such loss or damage. It is further understood that the use of storage space by the Lessee shall be limited to the time of the Lessee's
occupancy, and that goods left over thirty days after the expiration of Lessee's occupancy may be sold for storage charges at public or private sale without
further notice to Lessee.
(b) The Lessor may furnish additional service not herein ,provided for but any such service shall be gratuitous unless otherwise agreed and shall
not be an obligation of the Lessor or part of the consideration for the rent.
7. All rent shall be payable without prior notice or demand at the office of Lessor or Broker for Lessor as specified in paragraph #1. (p.).
8. Lessee covenants and agrees that he will without demand:
(a) Pay the rent and all other charges herein reserved as rent on the days and times and at the place that the same are made payable, without fail.
and if Lessor shall at any time or times accept said rent or rent charges after the same shall have become due: and payable, such acceptance shall not excuse
delay upon subs~quent occasions, or constitute or be construed as a waiver of any of Lessor's rights. Lessee agrees that any charge or payment herein
reserved. included, or agreed to be treated or collected as rent andlor any charges, expenses, or costs herein agreed to be paid by the Lessee may be proceeded
for and recovered by the Lessor by legal process in the same manner as rent due and in arrears.
(b) All rental payments are due and payable on the due date as specified in paragraph #l.(h) of this agreement or within five days thereafter (grace
period) without penalty. However. after 5:00 P.M. on the fifth day after due date as aforementioned. any rental payment not paid in full will be subject to a
late charge. Payments not made on or before 5:00 P.M. on the tenth day after due date. together with late charge. may be referred to Magistrate or Justice
of the Peace for the collection and/or ejectment.
(c) Keep the demised premises clean and free from ail ashes, dirt and other refuse matter; replace all broken glass windows, doors. etc.; keep all
waste and drain pipes open; repair all damages to plumbing and to the demised premises; in general. keep the same in as good order and repair as they are
at the beginning of the term of this lease, reasonable wear and tear and damage by accidental fire or other casualty not occurring through negligence of
Lessee or those employed by or acting for Lessee alone excepted. The Lessee agrees to surrender the demised premises in the same condition in which
Lessee has herein agreed to keep the same during the continuance of this lease.
(d) Comply with any requirements of any ofthe constituted public authorities, and with the terms of any State or Federal statute or local ordinance
or regulation applicable to Lessee or his use of the demised premises. and save Lessor harmless from penalties. fines. costs or damages resulting from failure
to do so.
(e) Use every reasonable precaution against fire.
(f) Peaceably deliver up and surrender possession of the demised premises to the Lessor at the expiration or sooner termination of this lease, promptly
delivering to Lessor at his office, all keys for the demised premises. with all trash and personal belongings removed and building(s) broom-swept clean.
(g) Give to Lessor prompt written notice of any accident, fIre: or damage occurring on or to the demised premises.
(h) Promptly pay for all gas and electricity. water, heat. lawn care and services consumed in the herein demised premises during the continuance
of this lease if so specified in paragraph #1.(q)~ and should Lessee fail to make these payments when due. Lessor shall have the right to settle therefor. such
sums to be considered additional rent ~d collectable from Lessee. as such, by distress or other process and to have all the priorities given by law to claims
for rent.
(i) Indemnify and save Lessor harmless from any and all loss occasioned by Lessee's breach of any of the covenants, terms and conditions of this
lease, or caused by his family, guests. visitors. agents and employees.
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j;7,
Negative Cove-
nants of Lessee
Use of
Premises
Assignment and
Subletting
Signs
Alterations
Improvements
Machinery
Weights
Fire Insurance
Removal
of Goods
Vacate Premises
Upon Removal
Lessor's Rights
Inspection of
Premises
Rules and
Regulations
Sale, Rent,
Signs and
Prospects
(11-74)
Discontinue
Service, etc.
Damage for
Interrupted Use
Representation
of Condition
Miscellaneous
Agreements and
Conditions
Effect of Repairs
or Rentals
Waiver of
Custom
Failure of Lessee
to Repair
Remedies of
Lessor
(11-74)
.ci_.__l ,0'
9. Lessee covenants and agrees that he will do none of the following things without the consent in writing of Lessor:
(a) Occupy the demised premises in any other manner or for any other ,purpose than as above set forth in paragraph #1. (n).,
(b) Assign, mortgage or pledge this lease or under-let or sub-Jease the demised premises, or any part thereof, or permit any other person, firm or
corporation to occupy the demised premises, or any part thereof; nor~hall any assignee or sub.lessee assign, mortgage or pledge thi.s lease or such sub-lease,
without an additional written consent by the Lessor, and without such consent 1'10 such assignment, mortgage or pledge shall be valid. If the Lessee becomes
embtuTassed or insolvent, or makes an assignment for the benefit of creditors. or if a petition in bankruptcy is filed or against the Lessee or a bill in equity
or other proceeding for the appointment of a receiver for the Lessee is filed, or if the real or personal property of the Lessee shall be sold or levied upon by
any Sheriff, Marshal or Constable, the same shall be a violation of this covenant. .. . .
(c) Place or allow to be placed any stand, booth, sign or show case upon the doorsteps, vesubules or outsIde walls or pavements of satd preffil~es.
or p.unt, place, erect or cause to be painted, place~ or ere~te~ any sign. projection or device on or in any part ofthe-~remises. Lesse~.shall remove .any Sign,
projection or device painted, placed or erected, If pemusslon has been granted and restore the walls, etc., to their fanner condltlons, at or pn~r. to the
expiration of dUs lease. In case of the breach of this covenant (in addition to all other remedies given to Lessor in case of breach of any condmons or
covenants of this lease) Lessor shall have the privilege of removing said stand. booth. sign. show case, projection or devise, and restoring said walls, etc.,
to their fanner condition, and Lessee, at Lessor's option, shall be liable to Lessor for any and all expenses so incurred by Lessor.
(d) Make any alterations, improvements, or additions to the demised premises. All alterations, improvements, additions or fixture's. whether
installed before or after the execution of this lease, shall remain upon the premises at the expiration or sooner determination of this lease and become the
property of Lessor, unless Lessor shall, prior to the determination of this lease. have given written notice to Lessee to remove the same, in which event
Lessee will remove such alterations, improvements and additions and restore the premises to the same good order and condition in which they now are.
ShOl11d Lessee fail to do so, Lessor may do so, collecting, at Lessor's option, the cost and expense thereof from Lessee as additional rent.
(e) Use or operate any machinery that, in Lessor's opinion, is harmful to the building or disturbing to other tenants occupying other parts thereof.
(t) Place any weights in any portion of the demised premises beyond the safe carrying capacity of the structure.
(g) Do or suffer to be done, any act, matter or thing objectionable to the fire insurance companies, whereby the fire insurance or any other
insurance now in force or hereafter to be placed on the demised premises, or any part thereof, or on the building of which the demised premises may be
a past, shall become void or suspended, or whereby the same shall be rated as a more hazardous risk than at the date of execution of this lease. or employ
any person or persons objectionable to the fire insurance companies or carry or have been benzine or explosive matter of any kind in and about the
demised premises. In case of a breach of this covenant (in addition to all other remedies given to Lessor in case of the breach of any of the conditions
of covenants of this lease) Lessee agrees to pay to Lessor as additional rent any and all increase or increases of premiums on insurance carried by Lessor
on tile demised premises, or any part thereof, or on the building of which the demised premises may be a part, caused in any way by the occupancy of
Lessee.
(h) Remove, attempt to remove or manifest an intention to remove Lessee's goods or property from or out of the demised premises otherwise than
in the ordinary and usual course of business, without having first paid and satisfied Lessor for all rent which may become due during the entire tenn of this
lease.
(i) Vacate or desert said premises during the tenn of this lease, or pennit the same to be empty and unoccupied.
10. The Lessee agrees that if, with the permission in writing of Lessor, Lessee shall vacate or decide at any time during the tenn of this lease, or any
renewal thereof, to vacate the herein demised premises, prior to the expiration of this lease, or any renewal hereof, Lessee will not cause or allow any broker
to work with Lessee in any sub.letting or reletting of the demised premises other than a broker approved by the Lessor. and that should Lessee do so, or
attempt to do so, that Lessor may remove any signs that may be placed on or about the demised premises by such other broker without any liability to Lessee
or to said broker. the Lessee assuming all responsibility for such action.
11. Lessee covenants and agrees that Lessor shall have the right to do the following things and matters in and about the demised premises:
(a) At all reasonable times by himself or his duly authorized agents to go upon and inspect the demised premises and every part thereof. and/or
at hi.s option to make repairs, alterations and additions to the demised premises or the building of which the demised premises is a part.
(b) At any time or times and from time to time make such rules and regulations as in his judgement may from time to time be necessary for the
safety, care and cleanliness of the premises, and for the preservation or good order therein. Such rules and regulations shall, when notice thereof is given. to
Lessee, form a part of this lease.
(c) To display a "For Sale" sign at any time, and also, after notice from either party of intention to determine this lease, or at any time within six
months prior to the expiration of this lease, a "For Rent" sign, or both "For Rent" and "For Sale" signs; and all of said signs shall be placed upon such part
of the premises as Lessor may elect and may contain such matter as Lessor shall require. Prospective purchasers or tenants authorized by Lessor may inspect
the premises Monday thru Saturday between the hours of 11:00 A.M. and 8:00 P.M.
12. (a) In the event that the demised premises is totally destroyed or so damaged by fire or other casualty not occurring through fault or negligence
of the Lessee or those employed by or acting for him, that the same cannot be repaired or restored within a reasonable time, this lease shall absolutely cease
and detennine, and the rent -shall abate for the balance of the term.
(b) If the damage caused as above be only partial and such that the .premises can be restored to their fonner condition within a reasonable time,
the Lessor may, at his option, restore the same with reasonable promptness, reserving the fight to enter upon the demised premises for that purpose. The
Lessor also reserves the right to enter upon the demised premises whenever necessary to repair damage caused by fire or other casualty to the building of
which the demised premises is a part. even though the effect of such entry be to render the demised premises or a part thereof untenantable. In either event
the rCnt shall be apportioned and suspended during the time the Lessor is in possession, taking into account the proportion of the demised premises rendered
untertantable and the duration of the Lessor's possession. If a dispute arises as to the amount of rent due under this clause, Lessee agrees to pay the full
amollnt claimed by Lessor. Lessee shall, however, have the right to proceed by law to recover the excess payment, if any.
(c) Lessor shall not be liable for any damage, compensation or claim by reason of inconvenience or annoyance from the necessity of repairing
any portion of the building, the interruption in the use of the premises, or the tennination of this lease by reason of the destruction of the premises.
13. The Lessor has let the demised premises in their present condition and without any representation on the part of the Lessor. his officers, employees,
servants and/or agents. It is understood and agreed that the Lessor is under no duty to make alterations at the time of letting or at any time thereafter.
14. (a) No contract entered into or that may be subsequently entered into by Lessor with Lessee. relative to any alterations. additions, improvements
or repairs, nor the failure of Lessor to make such alterations. additions, improvements or repairs as required by any such contract, nor the making by Lessor
or his agents or contracts of such alterations, additions. improvements or repairs shall in any way affect the payment of the rent or said other charges at the
time specified in this lease.
(b) It is hereby covenanted and agreed. any law, usage or custom to the contrary notwithstanding. that Lessor shall have the right at all times to
enforce the covenants and provisions of this lease in strict accordance with the terms hereof, notwithstanding any conduct or custom on the part of the Lessor
in refraining from so doing at any time or times; and further, that the failure of Lessor at any time or times to enforce its rights under said covenants and
provisions strictly in accordance with the same not be construed as having created a custom in any way or manner contrary to the specific tenns, provisions
and covenants of this lease or as having in any way or manner modified the same.
(e) In the event of the failure of Lessee promptly to perfonn the covenants of Par. #8. (c) hereof. Lessor may go upon the demised premises and
perform such covenants, the cost thereof. at the sole option of Lessor. to be charged to Lessee as additional and delinquent rent.
15. If the Lessee
(a) Does not pay in full when due any and all installments of rent andlor any other charge or payment herein reserved, included. or agreed to be
treated or collected as rent andlor any other charge, expense, or cost herein agreed to be paid by the Lessee; or
(b) Violates or fails to perform or otherwise breaks any covenant or agreement herein contained; or
(c) Vacates the demised premises or removes or attempts to remove or manifests an intention to remove any goods or property therefrom
otherwise than in the ordinary and usual course of business without having fIrst paid and satisfied the Lessor in full for all rent and other charges then due
or tha.t may thereafter become due until the expiration of the then current term, above mentioned; or
(d) Becomes embarrassed or insolvent, or makes an assignment for the benefit of creditors, or if a petition in bankruptcy is filed by or against the
Lessee or a bill in equity or other proceeding for the appointment of a receiver for the Lessee is filed. or if proceedings for reorganization or for composition
with creditors under any State or Federal law be instituted by or against Lessee, or if the real or personal property of the Lessee shall be sold or levied upon
-
-"
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Further
Remedies of
Lessor
Zoning
Confession of
JIJdgement
Ejectment
Affidavit of
Default
Remedies
ClJmulative
Subordination
Condemnation
Termination
of Lease
Inability to
give Possession
"i~';'.p~~
by any due process of law, then and in any or either of said events, there shall be deemed to be a breach of this lease, and there~Pon ipso facto and without
entry or other action by Lessor; .
(01) The rent for the entire unexpired balance of the term of this lep.se,~as well as all other charges, payments, costs and expenses herem agreed to
be paid by the Lessee, or at the option of Lessor any pan thereof, and also all costs and officers' conunissions including watchmen's wages and further
including the five percent chargeable by Act of Assembly to the Lessor, shall, in addition to any and all instruments of rent already due and payable and in
arrears anellor any other charge or payment herein reserved, included or agreed to be treated or collected as rent, and/or any other charge, expense or cost
herein agreed to be paid by the Lessee which may be due and payable and in arrears, be taken to be due and payable and in arrears as if br the terms and
provisions of this lease, the whole balance of unpaid rent and other charges, payments, taxes, costs and expenses were on that date payable 10 advance; and
if this lease or any part thereof is assigned, or if the premises or any part thereof is sub.let, Lessee hereby irrevocably constitutes and appoints Lessor
Lessee's agent to collect the rents due by such assignee or sub-Ieasee and apply the same to the rent due hereunder without in any way affecting Lessee's
obligation to pay unpaid balance of rent due hereunder; or in the event of any of the foregoing at any time at the option of Lessor;
(d2) This lease and the term hereby created shall determine and become absolutely void without any right on the part of the Lessee to save the
forfeiture by payment of any sum due or by other performance of any condition; term or covenant broken; whereupon, Lessor shalI be entitled to recover
damages for such breach in an amount equal to the amount of rent reserved for the balance of the term of this lease, less the fair rental value of the said
demised premises, for the residue of said tenn.
16. In the event of any default as aforesaid, the Lessor, or anyone acting on Lessor's behalf, at Lessor's option:
(a) May lease said premises or any part or parts thereof to such person or persons as may in Lessor's discretion seem best and the Lessee shall
be liable for any loss of rent for the balance of the then current tenn.
(b) Any re.entry or re-Ietting by Lessee under the terms hereof shall be without prejudice to Lessor's claim for damages and shall under no .
circumstances release Lessee from liability for such damages arising out of the breach of any of the covenants, terms and conditions of this lease.
17. It is understood and agreed that the Lessor hereof does not warrant or undertake that the Lessee shall be able to obtain a permit under any Zoning
Ordinance or Regulation for such use as Lessee intends to make of the said premises, and nothing in this lease contained shall obligate the Lessor to assist
Lessee in obtaining said permit; the Lessee further agrees that in the event a permit cannot be obtained by Lessee under any Zoning Ordinance, or
Regulation, this lease shall not terminate without Lessor's consent, and the Lessee shall use the premises only in a manner permitted under such Zoning
Ordinance or Regulation.
18. If rent andlor charges hereby reserved as rent shall remain unpaid on any day when the same should be paid Lessee hereby empowers any
Prothonotary or attorney of any Court of Record to appear for Lessee in any and all actions which may be brought for rent andlor the charges, payments,
costs and expenses reserved as rent, or agreed to be paid by the Lessee and/or to sign for Lessee an agreement for entering in any competent Court an
amicable action or actions for the recovery of rent or other charges or expenses, and in said suits or in said amicable action or actions to confess judgment
against Lessee for all or any part of the rent specified in this lease and then unpaid including, at Lessor's option, the rent for the entire unexpired balance
of the term of this lease, and/or other charges. payments. costs and expenses reserved as rent or agreed to be paid by the Lessee, and for interest and costs
together with an attorney's commission of 15%. Such authority shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid
from time to time as often as any of said rent and/or other charges reserved as Tent shall fall due or be in wears, and such powers may be exercised as well. ,
after the expiration of the original tenn and/or during any extension or renewal of this lease.
19. When this lease shall be determined by condition broken, either during the original term of this lease or any renewal or extension thereof and also
when and as soon as the tenn hereby created or any extension thereof shall have expired, it shall be lawful for any attorney as attorney for Lessee to file an
agreement for entering in any competent Court an amicable action and judgment in ejection against Lessee and all persons claiming under Lessee for the
recovery of possession of the herein demised premises, for which this lease shall be his sufficient warrant, whereupon, if Lessor so desires, a writ of habere
facias possessionem ma)' issue forthwith, without an)' prior writ or proceedings whatsoever, and provided that if for an)' reason after such action shall have
been commenced the same shall be determined and the possession of the premises hereby demised remain in or be restored to Lessee. Lessor shall have the
right upon any subsequent default or defaults, or upon the termination of this lease as hereinbefore set forth, to bring one or more amicable action or actions
as hereinbefore set forth to recover possession of the said premises.
20. In any amicable action of ejectment andlor for rent in arrears, Lessor shall first cause to be filed in such action an affidavit made by him or someone
acting for him setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be conclusive evidence, and if a true
copy of this lease (and of the truth of the copy such affidavit shall be sufficient evidence) be filed in such action, it shall not be necessary to file the original
as a warrant of attorney, any rule of Court, custom or practice to the contrary notwithstanding.
21. AIl of the remedies hereinbefore given to Lessor and all rights and remedies given to it by law and equity shall be cumulative and concurrent. No
determination of this lease or the taking or recovering of the.premises shall deprive Lessor of any of its remedies or action against the Lessee for rent due
at the time or which, under the terms hereof, would in the future become due as if there has been no determination, or for sums due at the time or which.
under the tenns hereof, would in the future become due as if there had been no detennination, nor shall the bringing of any action for rent or breach of
covenant, or the resort to any other remedy herein provided for the recovery of rent be construed as a waiver of the right to obtain possession of the premises.
22. This Agreement of Lease and all of its terms, covenants, and provisions are and each of them is subject -and subordinate to any lease or other
arrangement or right to possession, under which the Lessor is in control of the demised premises, to the rights of the owner or owners of the demised
premises and of the land or buildings of which the demised premises are a part to all rights of the Lessor's landlord and to any and all mortgages and o:ther
encumbrances now or hereafter placed upon the demised premises or upon the land and/or buildings containing the same; and Lessee expressly agrees that
if Lessor's tenancy, control, or right to possession shall terminate either by expiration. forfeiture or otherwise, then this lease shall thereupon immediately
terminate and the Lessee shall, thereupon, give immediate possession and Lessee hereby waives any and all claims for damages or otherwise by reason of
such termination as aforesaid.
23. In the event that the premises demised or any part thereof is taken or condemned for a public or quasi~public use, this lease shall, as to the part so
taken, terminate as of the date title shall vest in the condemnor, and rent shall abate in proportion to the square feet ofleased space taken or condemned or
shall cease if the entire premises be so taken. In either event the Lessee waives all claims against the Lessor by reason of the complete or partial taking of
the demised premises, and it is agreed that the Lessee shall not be entitled to any notice whatsoever of the partial or complete -tennination of this lease by
reason of the aforesaid.
24. It is hereby mutually agreed that either party hereto may determine this lease at the end of the said term by giving to the other party prior written
notice thereof in accordance with paragraph #1. (1), but in default of such notice, this lease shall continue upon the same terms and conditions in force
immediately prior to the expiration or the tenn hereof as are herein contained for a further period as specified in paragraph #1. (m), and so on from renewal
to renewal unless or until termination by either party hereto, giving the other the aforementioned written notice for renewal previous to expiration of the
then current tenn; PROVIDED, however, that should this lease be continued for a further period under the terms hereinabove mentioned, any allowance
given Lessee on the rent during the original term should not exceed beyond such original term, and further provided, however, that if Lessor shall have given
such written notice prior to the expiration of any term hereby created. of its intention to change the terms and conditions of this lease, and Lessee shall not
within thirty days from such notice notify Lessor of Lessee's intention to vacate the demised premises at the end of the then current term, Lessee shall be
considered as Lessee under the terms and conditions mentioned in such notice for a further term as above provided, or for such further tenn as may be stated
in such notice. In the event that Lessee shaIl give notice, as stipulated in this lease, of intention to vacate the demised premises at the end of the present
term. or any renewal or extension thereof, and shall fail or refuse so to vacate the same on the date designated by such notice, then it is expressly agreed
that Lessor shall have the option either (a) to disregard the notice so given as having no effect, in which case all the terms and conditions of this lease shall
continue thereafter with full force precisely as if such notice had not been given, or (b) Lessor may, at any time within thirty days after the present tenn or
any renewal or ex.tension thereof, as aforesaid, give the said Lessee ten days written notice of his intention to terminate the said lease; whereupon the Lessee
expressly agrees to vacate said premises at the expiration of the said period of ten days specified in said notice. AIl powers granted [0 Lessor by this lease
may be exercised and all obligations imposed upon Lessee by this lease shall be performed by Lessee as well during any extension of the original term of
this lease as during the original term itself.
25. If Lessor is unable to give Lessee possession of the demised premises, as herein provided, by reason of the holding over of a previous occupant, or
by reason of any cause beyond the control of the Lessor, the Lessor shall not be liable in damages to the Lessee therefore, and during the period that the
Lessor is unable to give possession, all rights and remedies of both parties hereunder shall be suspended.
"y~~ ,. .__~',. 1l11!,'C
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,~
Additional Rent
Notices
Right to
Enforce
Definition of
Lessor and
Lessee
BrOkerfJlf .
tJ~6rcl6:/
Heirs and
Assignees
Lease Contains
Entire
Agreement
Severability
(11-74)
Descriptive
Heading
Approval
(7.86)
T~~L", ~~,
26. Lessee agrees to pay as additional rent any and all sums which may become due by reason of the failure of Lessee to comply with any of the covenants
of this lease and any and all damages. costs and expenses which the Lessor maY:t.suffer or incur by reason of any default of ):he Lessee, or failure on his pan
to comply with the covenants of this lease. and also any and all darmges to the demised premises caused by any act or neglect of the Lessee. his guests,
agents. employees or other occupants of the demised premises. .
27. All notices required to be given by Lessor to Lessee shall be sufficiently given by leaving the same upon the demised premises. but notices given by
Lessee to Lessor must be given by certified mail. and as against Lessor the only admissible evidence that notice has been given by Lessee shall be a certified
return ~ceipt signed by Lessor or his agent.
28. The Lessor shall have the right. at all times, to enforce any or all the convenience and provisions of this lease~ notwithstanding the failure of the Lessor
at any previous time. or times, to enforce his rights under any of the covenants and provisions of this lease.
29. The word "Lessor" as used herein. shall include the Owner and the Landlord, whether Person, Finn or Corporation. as well as the Heirs, Executors,
Administrators. Successors and Assigns each of whom shall have the same rights. remedies. powers. privileges and obligations as though he, she, it or they
had originally signed this-lease as Lessor. including the right to proceed in his. her. its. or their own name to enter judgment by confession. or otherwise.
The word "Lessee" as used herein. shall include Tenant. whether Person. Finn or Corporation. as well as the Heirs. Executors. Administrators, Successors
and Assigns. each of whom shall have the same rights. remedies. powers, privileges. and shall have no other liabilities. rights. privileges or powers than he,
she, it or they would have been tinder or possessed had he. she, it or they originally signed this lease as Lessee.
30. It ili ell,rscclr nn,.lpr..tonnllnn llP'reed between the narties hereto that the herPin M.....,~ Iheltef. his calo:e:~~" an,.l pn;ployees-or-any-offlCer-er-partner
of' P.......t...r .......1 ....;' ~gel?'1'.a.;..o hm1cer ann hi..: ..:!'Il..<!....... ,...rl ""'P'''J'''''<! llnnllny "Fr.,.... gr ~_l...... vf d.... .."8p'::I~.I~ broker arc .....lilil;; a:. Bl\.lk!;r l1uly-ana
will in ..v ~tk3~ ..l":l.L.<<>c::~""l be h~lrl l;"He eithr jeiRtlJ ~. ..........d.l) Lv widl!;, (-'....t,)' L. !he Jleffg~"'''''' "f' "..)' r.,..-, of es- enwlL ,,[ tt..:" "El~_ffieFlt sr for
d""""e~r .f'gr the a8Bp\:d'gml7R<:'t tlulFllef.
31. All rights and liabilities herein given to. or imposed upon. or waivers of the respective parties hereto shall extend to and bind the several and respective
heirs, executors. administrators. successors and assigns of said parties; and if there shall be more than one Lessee, they shall all be bound jointly and
severally by the tenns. covenants and agreements herein, and the word "Lessee" shall be than deemed taken to mean each and every person or party
mentioned as a Lessee herein, be the same one or more; and if there shall be more one Lessee. any notice required or permitted by the terms of this lease
may be given by or to anyone thereof, and shall have the same force and effect as if given by or to all thereof. No rights, however. shall inure to the benefit
of any assignee of Lessee unless the assignment of such assignee has been approved by Lessor in writing as aforesaid.
32. The Lessor and Lessee hereby agree that this lease sets forth all the promises. agreements, conditions and understandings between the Lessor, or
Broker for Lessor. and the Lessee relative to the demised premises, and that there are no promises, agreements, conditions or understandings. either oral or
written, between them other than as are herein set forth, and any subsequent alteration. amendment, change or addition to this lease shall not be binding
upon the Lessor or Lessee unless reduced to writing and signed by them.
33. If any section, subsection. sentence, clause phrase or requirement of this lease is contrary to law or laws subsequently enacted, or should be found
contrary to laws during the tenn or any renewal or extension thereof, the validity of the remaining portions shall not be affected thereby. The parties hereby
agree that they would have agreed to each section. subsection, clause. sentence. phrase or requirement herein irrespective of the fact that one or more section,
subsection sentence,- Clause, phrase or requirement was contrary to law or during the tenn or any renewal or extension thereof or are found to be contrary
to the law.
34. The descriptive headings used herein are for convenience only and they are not intended to indicate all of the matter in the sections which follow
them. Accordingly. they shall have no effect whatsoever in determining the rights or obligations of the parties.
NOTICE TO PARTIES: WHEN SIG!\.'ED, TInS AGREEMENT IS A BINDING CO~'"TRACT. Parties to this transaction are advised to consult an
attorney before signing if they desire legal advice.
above ~:'~S~RE/7 menaroes hereto. intending to be legfjoU'!)her;:;' b
WITNESS --'/Z.::~ LESSEE /}:)J!. J-..
WITl'"ESS LESSEE
WITNESS LESSEE
u der set their hands and seals the day and year first
----
DATEl j; ~;}!JO I
DATE
DATE
The Lessor hereby approves this contract on this ~ +"'" day of .-:-\ \);.~ ~ ~CO \ and in
consideration of the services rendered in procuring the herein named Lessee and/or collecti n rents as agreed and specified in part one of this lease. the
Lessor agrees to pay the herein named Broker for Less~r \l ~7i in the amount of for
obtaining Lessee together with a fee of IV ,.,. for e collection of rents during the term, renewal or extension of this
lease or additional lease with the herein named Lessee. Should the Lessee purchase the demised premises from the Lessor during the term of this lease. or
during a renewal. extension or any additional lease between said parties for the demised premises. or within a reasonable period of time after the expiration
of any such lease. the Lessor agrees to pay the Broker for Lessor, at the time of settlement, a sales fee of/from the specified sale price.
"U"-'ESS
WIT;>,'ESS
"U"-'ESS
LESSEE
LESSEE
LESSEE
I. LESSOR ~, _____
ACCEPTED BY ~. -
DATE
DATE
DATE
DATE (Q Ie';;) I
I .
m
r,E"-l"CI7~
Pennsylvania Association of
REALTORS"
COPYRIGHT PENNSYLVANIA ASSOCIATIO~ OF REALTORS@ 1973
9/99
Thoo....'"for~eaIEstlOl."'lf1Pe....,"'_
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September 17. 200 1
David Billman I Cafe Venue,
Mr. Billman, this s<<ves as your finaleviclion notice. As of the date ofthis letter. you still have not paid
in full August'srent and have paid nothing for Septem ber. YaU are in serious delilult of)OUl' lease
agrooment, and we have no other choice but to evict you immediately.
Sincerely, ?6ffi-----
t!r:1:
Co-o....er
p!vCt~ &- QV} &- Erd
of ~/f. doCJ I
EXHIBIT "c"
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.
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
I
,
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
I
relating to unsworn falsification to authorities.
If} /01"1'/0/
,
Date
~6-L-
ROBERT J. BENDER
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06130 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BENDER ROBERT J
VS
BILLMAN DAVID
DOUGLAS DONSEN
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
BILLMAN DAVID
the
DEFENDANT
, at 1500:00 HOURS, on the 30th day of October
2001
at POE: CAFE VENU
213 FOURTH ST
NEW CUMBERLAND, PA 17070
by handing to
DAVID BILLMAN
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
11.05
.00
10.00
.00
39.05
So Answers:
r-~ ~~<:~
R. Thomas Kline
10/31/2001
ROBERT P KLIN
Sworn and Subscribed to before By:
me this Cjlf:
day of
~ ~/ A.D.
~ (2. J/twL, t.Oflt
Prothonotary
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PH "'''r"rr.~~- _"'~ , ,n~!In::~,...,~"_,,,,,,~..,~WIi~~~ff;P;"",,}>;l~P}"";~'lY_"-", '.-,",'",">,- ',;;';'1'''' - -"" 'j;i\""W'';''''''~'''Jnt(-<r~&'':~c'<!"",I1!W",Y'''i'i~~~W~~!f~",i!<:m'ml'Jf~i!'it:;r;:--
ROBERT J. BENDER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 2001-6130 CIVIL TERM
DAVID BILLMAN,
Defendant
TO THE PROTHONOTARY:
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
Please enter judgment of default in favor of Plaintiff, ROBERT J. BENDER, and against
Defendant, DAVID BILLMAN, for Defendant's failure to plead to the Complaint in this action
within the required time. The Complaint contains a notice to defend within twenty (20) days from
the date of service thereof. Defendant was served on October 30, 2001. Therefore, Defendant's
answer was due to be filed on or before November 19,2001.
Attached as Exhibit "A" is a copy of Plaintiff's written notice of intention to file praecipe for
entry of default judgment, which I certify was mailed by regular mail to the Defendant at his last
known address on November 20, 2001, which is at least ten (10) days prior to the filing of this
praecipe. Please assess damages in the amount of $44,825.00, which sum includes late fees and
attorneys commissions as set forth in the Complaint, plus costs of suit and interest as allowed by
law.
Respectfully submitted by,
?~
Robert P. Kline, Esquire
KLINE LAW OFFICE
714 Bridge Street
Post Office Box 461
New Cumberland, P A 17070-0461
(717) 770-2540
Attorney for Plaintiff
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ROBERT J. BENDER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 2001-6130 CIVIL TERM
DAVID BILLMAN,
Defendant
TO: David Billman
213 Fourth Street
New Cumberland, P A 17070
DATE OF NOTICE: November 20, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
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ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
NeviCumberland,PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
Exhibit "A"
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CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Notice upon David
Billman, Defendant, by depositing same in the United States Mail, first class, postage pre-paid on
the 20th day of November, 2001, from New Cumberland, Pennsylvania, addressed as follows:
David Billman
213 Fourth Street
New Cumberland, P A 17070
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ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
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