HomeMy WebLinkAbout01-6130ROBERTJ. BENDER,
VS.
DAVID BILLMAN,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-&{~) dl~/1'~
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. W YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORDONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUTWHEREYOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
ROBERT J. BENDER, :
Plaintiff :
:
VS.
DAVID BILLMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-
COMPLAINT
COUNT I - EJECTMENT
1. Plaintiffis Robert J. Bender, an adult individual who resides at 4 Spartan Circle,
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. Plaintiffis 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
Plaintiffdated 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 Plaintiffin the amount of $39,420.00.
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, 2001, and has failed to make any payment for the rent due on both September I, 2001
and October 1, 2001.
8. Written notice of default was sent to Defendant by letter dated September 17,
2001. A tree and correct copy of Plaintift~s letter of September 17, 2001 is attached as Exhibit
9. Defendant has failed and refused to timely cure the defaults of which he was
notified by Plaintiffs letter of September 17, 2001.
10. Despite the termination of the Lease effective September 17, 2001, 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 1 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 of the
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.
A,,gus~ 18,
This is an agreement to sell real estate between Gertr~e Bender, known as the seller, and
Robert Bender, known as the buyer.
Property Location/Der, trip_ lion
The property is bcaled at 213,215,217, and 217 Rear, Fourth Street New Cumberlan/t
Permsylvania 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
Terms
A deposit of $25,000.00. Bnlnne. e to be paid ~.ver ten years in monthly installments of
$1,200.00 due by lhe fifth of each momh.
"As-is"
Buyer to be responsible for all taxes, repa/~ and maintenance bi/Is ~md all other related
expenses.
I' W'rtncss DaIe
Seller Da~e
EXHIBIT "A"
PRINCIPAL~
(1-78)
PROPERTY
ADDENDUM
INITIALS
NON-RESIDENTIAL LEASE FOR REAL ESTATE L-1969(
PART ONE OF A TWO PART AGREEMENT
L~bi~ ~_rg~rnc~t/ dated ~---'~f~P~. ~ ~ ~00 ~
[ ~{~ ~0 ~I~[ hereinaftercalldLel~ee,
I i. <a~ WITN~SETM: L~or~re~ to let uDto the Lessee premises being known as ~d 3 ~
with improvements cons~ting of ~ ,Coun[y of~, Sta[c of Pemm.,
upon the following terms and conditions to wit:
(ti) Tolal ~¢nlaa for Ch{irc Icnn payablc ,o Lc~,or
(d) Cm~h or chcck lo ~ paid ~fo~ p~ion by ~sscc ~hlch Js Io ~ ap[dicd ~ accou01 al follows:
Crcdil ~port Paid $
(k) Expiratio,~ dale of Ica~ ~1~
("0 Renewal rcm, if not Icnnlnalcfl by cithcr party
EXHIBIT "B"
Special
Clauses
(5-72)
Fire
Insurance
Premiums
Sewer Rent
Condition of
Pavement
Security Deposit
Affirmative
Covenants of
Place of
Payment
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.
Pay for Gas and
Electricity
Indemnification
NON-RESIDENTIAL LEASE
PART TWO OF A TWO-PART AGREEMENT
TERMS AND CONDITIONS
L-2C
over~ n~,~ Ih- ' ~e of ~/g~ e. ~c ~ount due he,under on account of such t~es sh~l ~ ap~oned for ~at
P ...... , .. ~e~d e~h ~ubseq~y~[ as ~se~ed ~e~r during ~e ~ of ~s le~e inclu~ng extensions or ~ew~s
5. %e "security de.sit" s~cified in P~. ~1. (0 $h~l ~ held by ~ ~ssor ~ sec~y for ~e ~ffo~ce of ~ ~e te~, coven~ts
con~fions of ~s Ieee ~d for ~e cost of ~y uash ~mov~, hou~cIe~ing ~d ~e cost of report ~Oor the c~cfion ofda~ge (wMch is, in ~e opiM6n
~ssor at Ms opdon, may m~n ~e s~d sum ~ liquidated damages or may apply ~e sum ag~nst ~y ~tu~ loss, d~ge or inj~ ~d ~e b~ance ~emof
~ssor sh~l keep ~cords of ~1 ~ds ~ deposited ~ mq~d in acco~ce ~ ~ Act of Febm~ 19, 1980, P.L. 15, No. 9, Section ~
continued to ~ held ~ a sec~ty deposit.
late ch=ge. Paymen~ not made on or before 5:~ ~M. on ~e tenth day a~er due date, toge~er wi~ late ch~ge, may be ~fe~d to Magisxate or Justice
Negative Cove-
nants of Lessee
Use of
Premises
Assignment and
Subletting
Signs
Alterations
Improvements
Machinery
Weights
Fire Insurance
of Goods
Vacate Premises
Upon Removal
Lessor's Rights
Inspection of
Premises
Rules end
Regulations
Signs and
(11-74)
Discontinue
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)
Fu~her
Remedies of
Zoning
Confession of
Judgement
Affidavit of
Default
Remedies
Cumulative
Subordination
Condemnation
Termination
of Lease
Inability to
give Possession
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 tbem~pon ipso facto and without
en~-y or other action by Lessor;
('d 1) Thc rent for the entire unexpired balance of the term of this lease, as well as all other cha~gns, payments, costs and expenses herein agreed to
be paid by the Lessee, or at the option of Lessor any pan thereof, and also all costs and ofcers' commissions including watchmen's wages and further
including the five percent chargeable by Act of Assembly to the Lessor, shall, in addition to any and ali instzuments of rent al~ady due md payable nod in
m-years and/or any other charge or payment herein reserved, included or agreed to be treated or collected as rent, and/or any other cha~ge, 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 by 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 in advance; and
if this lease or any part thereof is assigned, or if the premises or any pan thereof is sub-let, Lessee hereby irrevocably constitutes and appoints Lessor
Lessee's agent to collect the rents due by such assignee or sub-leasee and apply the same to the rent due hereunder without in any way affecting Lessee's
obligatlon 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 parc 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 shall be entitled to ~cover
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 term.
16. In the event of any defaalt as aforesaid, the Lessor, or anyone acting on Lessor's behalf, at Lessor's option:
(a) May lease said premises or any part or pa~s 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 curcent term.
Co) Any re-entry or re~letting by Lessee under the tetras 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 th~s lease.
17. It is understood and agreed that the Lessor hereof docs not warrant or under~ake 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 Zoding 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 Regaladon.
18. If rent and/or charges hereby reserved as rent shall remain unpaid on any day when the same should be paid Lessee hereby empowers any
Protbonotaty or attorney of any Court of Record to appeaz for Lessee in any mad ail actions which may be brought for rent and/or the charges, payments,
costs and expenses reserved as rent, or ag~ed to be paid by the Lessee and/or to sign for Lessee an agreement for entering in any competent Com~ aa
amicable action or actions for the recovery of rent or other chatgns 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 unexpi~d 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 rime to time as often as any of said rent and/or other charges reserved as rent shall fail due or be in arreazs, and such powers may be exercised as well ..
a~er die expiration of the original term 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
wlien and as soon a~ the term hereby created or any extension thereof shall have expirod, 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
faclas possessionem may issue forthwith, without any prior w~t or proceedings whatsoever, and provided that if for any reason after such action shall have
been corm'nenced the same shall be determined and the possession of the premises hereby demised remain in or be restored to Lessee. Lessor shall have the
fight upon any subsequent default or defaults, or upon die termination of this lease as hereinbefore set forth, to bring one or more amicable action or actions
as hereinbefore set fo~ to recover possession of the said premises.
20. In any amicable action of ejectment and/or for rent in arrears, Lessor shall t'u'st cause to be flied in such action an afdavit made by him or someone
acting for him setting forth the facts necessary to authorize the enU'y of judgrac~t, of which facts such afdavit shall be conclusive evidence, and if a wac
copy of this lease (and of die LrUth of the copy such affidavit shall be sufcient evidence) be filed in such action, it shall not be necessary to tile the original
as a warrant of attorney, any rule of Court, custom or practice to the cont~a~ notwithstanding.
21. AU 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 rime or which,
under the terms hereof, would in the future become due as if there had been no determination, 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 const~uod 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 arc and each of them is subject and subordinate to a.ny lease or other
arrangnment or right to possession, under which the Lessor is in control of the demised premises, to the fights of the owner or ov~ers of the demised
premises and of die land or buildings of which the demised premises are a pan to all rights of the Lessor's landlord ~ad to any and ail mortgages and odier
encumbrances now or hereafter placed upon the demised premises or upon the land md/or buildings containing die same; and Lessee expressly agrees that
if Lessor's tenancy, conuol, or right to possession shall terminate either by expirmion, forfeitu~ 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 termJnmion as aforesaid.
23. hi 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 pan so
taken, terminate as of the date title shall vest in die condemnor, and rent shall abate in propor~on to the square feet of leased space taken or condenmed or
shall cease if the entke premises be so taken. In either event the Lessee waives all claims against the Lessor by reason of the complete or pardal taking of
the demised premises, and it is agreed that the Lessee shall not be entitled to any notice whatsoever of die pax'del or complete termination of this lease by
reason of the aforesaid.
24. It is hereby mutually agreed that either party hereto may determine t~s lease at the end of the said term by giving to the other party prior written
notice thereof in accordance with paragraph #L (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 term hereof as a~e herein contained for a further period as specified in paragraph #1. (m), and so on from renewal
to renewal unless or until tcr~natlon by either party hereto, giving thc other thc aforementioned written notice for renewal previous to expiration of the
then current term; PROVIDED, however, that should th~s lease be continued for a fu~har period under the terms bereinabove mentioned, any allowance
given Lessee on the rent during die 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 thc 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 term as may be stated
in such notice. In the event that Lessee shall give notice, as stipulated in this lease, of intention to vacate the demised premises at the cad of the present
term, or any renewal or extension thereof, and shall fail or refuse so to vacate die 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 therea&er 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 term or
any renewal or extension thereof, as aforesaid, give the said Lessee ten days written notice of his intention to terminate the said lease; whereupon the Lessee
expressly agrees to vacate said premises at die expiration of the said period of ten days specitlod in said notice. All powers granted to Lessor by th~s lease
may be exercised and all obligations imposed upon Lessee by this lease shall bc performed by Lessee as well during any extension of the original term of
th~s lease as du~ing the original term itself.
25. If Lessor is unable to give Lessee possession of die 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 du~ing the period that the
Lessor is unable to give possession, all rights and remedies of both parties hereunder shall be suspended.
Additional Rent
Notices
Right to
Enforce
Definition of
Lessor and
Heirs and
Auignees
Lease Contains
Entire
Agreement
Severabllity
(11-74)
Descriptive
Heading
Approval
(7-86)
26. Lessee agr~s t~ pay as additi~nai rent any and ai~ sums which may bec~me due by reas~n ~f the fai~u~e ~f Lessee t~ c~mp~y with any ~f the c~venants
of this l~a~e and any and ail damages, costs and expenses which the Lessor may suffer or incur by reason of any default of.the Lessee. or failure on his par~
to comply with the covenants of this lease, and a~so any and ail damages to the demised premises caused by any act or neglect of the Lessee, his guests,
27. All notices required to be given by Lessor to Lessee shall be sufficiently given by leaving the same upon the demised premises, hut notices given by
Lessee to Lessor must be given by certified mail, and as against Lessor the only admissible evidence tha~ notice has been given by Lessee shall be a cer~fied
return receipt signed by Lessor or ~is agent.
28. The Lessor shall have the right, at ail dines, to enforce a~y or ail 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 t~s lease.
29. The word "Lessor" as used herein, shall include the Ov~er and the Lamilord, whether Person, Firm 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 fight 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, Firm or Corporation, as weli 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 tha~ he,
she, it or they would have been under or possessed had he. she, it or they orlginaily signed this lease as Lessee.
upon the Lessor or Lessee unless reduced to writing and signed by them.
NOTICE TO PARTIES: WHEN SIGNT~D, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult an
attorney before signing if they desire legal advice.
IN WITNESS WHEREOF, the par~es hereto, intending to be lega~ound hereby, ~ugder set their hands and seals the day and year first
WITNESS LESSEE DATE~
WITNESS LESSEE DATE.
WITNESS LESSEE DATE.
T~e Lessor hereby approves this contract on this .-~ ~'~v day of ' ~'~t.~_.~ ~ ~ ~0 [ and i,
consider&den of the services rendered in procuring the herein named Lessee and/or collection ~f rents as agreed and specifieti in pa~ one of this lease, the
Lessor agrees to pay the herein named Broker for Less_or ~ f~in the amount of ~ ~ for
obtaining Lessee together with a fee of /~e/ ~T~ for ~e c011ection of rents during the term, renewal or extensio~ of t~s
lease or additional lease with the herein named Lessee. Should the Lessee purchase the demised premises from the Lessor during the term of t~s lease, or
du~Rg a renewal, extension or any additional lease between said parties for the demised premises, or within a reasonable period of tirr~ aRer the expiration
of any such lease, the Lessor agrees to pay the Broker for Lessor, at the time of settlement, a sates fee of/from the specified sate price.
V~ITNESS LESSEE
'*~'ITNESS LESSEE
~TN~SS LESSEE
- - 2 LESSOR ~~ ~
DATE
DATE
DATE
] Pennsylvania Association of COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 1973
REALTORS® 9~
ROBERT BENDER ....................................................
Se~eml::er l?, 2001
David Biilraan / Csfe Venue,
.',,~'. Billmart, this ~ ~ Y~ final ~i~ n~i~. As of ~e date oFthis 1~, ~ still hav~ n~ paid
in ~ll Au~'s r~ ~d have ~i~ n~in8 ~r S~. Y~ ~c in ~i~ de~uit of~ 1~
~k ~d we ha~ no ~h~ ~oi~ ~ W evi~ you ~m~i~teiy,
EXHIBIT "C"
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
ROBERT J. BENDER
SHERIFF'S RETURN -
CASE NO: 2001-06130 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BENDER ROBERT J
VS
BILLMAN DAVID
REGULAR
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 POE: CAFE VENU
NEW CUMBERLAND, PA 17070
DAVID BILLMAN
at 1500:00 HOURS, on the 30th day of October
213 FOURTH ST
by handing to
a true and attested copy of COMPLAINT -
2001
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
Sworn and Subscribed to before
me this g---~ day of
~ ~[ A.D.
/ ' Prothonotary
So Answers:
R. Thomas Kline
I0/31/2001
ROBERT P KLINE_
- ~eput~.~Sheriff
ROBERTJ. BENDER,
VS.
DAVID BILLMAN,
Plaimiff
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6130 CIVIL TERM
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 PlaintilTs 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
pmecipe. 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, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
ROBERTJ. BENDER,
VS.
DAVID BILLMAN,
Plaintiff
Defendant
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6130 CIVIL TERM
TO:
David Billman
213 Fourth Street
New Cumberland, PA 17070
DATE OF NOTICE: November 20, 2001
IMPORTANTNOTICE
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 LAWYER 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, PA 17013
(717) 249-3166
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
Exhibit "A"
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, PA 17070
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff