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HomeMy WebLinkAbout03-4022COMMONWEALTH OF PENNSYLVANIA COUI~T OF CO~/q~ON PLEAS JUDICIAL DISTIIICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appe~lont has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. CV This block will be dgnod ONLY when this notation is required under Pa. R.C.P.J~'. 1008& This Notice of Appeal, when received by the District Justice, will operate as a If appellant was CLAIMANT (see P&. R.C.P.J.P. No. I O01(6 ) in action Defore District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form Io be used ONLY when appel/apt was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, de~ch from copy of notice of appeal to be se~ed upon appellee). PRAECIPE.' To Prothonotary Ente~' rule upon ,/~/,/~ ,/-~L/''f'/ ,~,,"~'~ , appeffee(s), to file a complaint in this appeal (Common Pleas N~ ~)..~ -..L~3~, I 'lr, l.(_ I~'O'~thin twenty 120)days a .f~r.~of Name ol ep~oellee(s ) rule or suff%,,~ntry of judgment of non pros (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service c~ by certified oe' registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailin~ AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEk~ (10) DAYS AFTE/~ filing the ;tot/ce of z~,(;pea~. Check app/~cable boxesJ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: t hereby swear or affrm that I served [] a copy of the Notice ct Appea Common Pleas No upon the District Just ce designated there n on (date of service) :, ~ by personal service [Z] by (certified) registeredi mail, senders receipt attached hereto, and upon the appellee, iname) on [] by personal service ~ by (certified) (registered) mail, senders receipt attached hereto ~ and further that I served the Rde to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rde was addressed on ~ by bersona servce ~ by {cedfied) (registered mail sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DA",' OF Tile ;, of/c COMMONWEALTH OF PENNSYLVANIA 'COUNTY OF: CUMBERLAND 09-3-03 SUSAN K. DAY ~,,ss~ 229 MiLL STREET, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 ATTOP, NEY DEF PRIVATE : CARL ROMINGER 155 S. HANOVER ST. CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rMID PENN BANK, ~ 349 UNION STREET MILLERSBURG, PA 17068 VS. DEFENDANT: NAME and ADDRESS rSTAMM, LEE & ZIKONUS, ANNE, ET AL.-~ 53 HEISERS LANE CARLISLE, PA 17013 Docket No.: LT- 0000228~ 03 Date Filed: 7/25/03 THIS IS TO NOTIFY YOU THAT: du~Igment: ,~ FOR PT,%IMTIFF r'~ Judgment was entered for: (Name) MID P~2~N BANK, Judgment was entered against ST2~.~, LEE & ZIKO~3'S, ~ ina ~ Landlord/Tenant action in the amount of $ 104.50 on 8/15/03 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by DJ. 0~ess~Security Deposit A.p~)l~d :$ Adjudicated Amo.u(~b Rent in Arrears $ -- = Physical Damages Leasehold Property $ .00 -- $ .00 = $ o 00 Damages/Unjust Detention $ .00 - $ . O0 = $ . O0 Less Amt Due Defendant from Cross Complaint -- $ . O0 interest (if provided by lease) $ . LFF Judgment Amount $ . O0 [~ Attachment Prohibited/ Judgment Costs $ ~ *-104.50 42 Pa.C.S. § 8127 Attorney Fees $ . hO E~ This case dismissed without prejudice. Total Judgment $ 104.50 Post Judgment,Credits ~-~ $ ] Possession granted. Post Judg~..e¢~6ost~ ............... $' Certified ,J~Jdgment Total $ ] Possession granted if money judgment is not sat~shed Dy t~me ct eviction. L_J Possession not granted. /I Defendants are jointly and severally liable. IN AN ACTION INVOLVING A REsiDEN¥1AL f-E-A~Ei ANY PARTY HAS THE RIGHT TO APPEAl.. FROM A JUDGMENT FOR POSSESSIONtN1TH~N- TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION· THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE'PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL· EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTEREST.E~DJN-TH~.,,LUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IFTHE JUDGMENT DEB~'~.R ,.~A~$~N. E'~.L, SETTLES OR OTHERWISE COMPLIES WITH THE JUDGMENT. ·'. ~-- '~'~',~ '~ ...., ~ . _ Date * Distri~f Jastice I ced,fy that th,s ,s a true an~d/~rr-'e'¢, c~y of the recorc~} the p/oceed,ngs conta,nmg the.judgment. [ Date ~' '; ' ', ' i _District. J.ustice My commission expires first Monday of January, 200~. SEAL AOPC 315A-03 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) hereby swear or affirm that I served AFFIDAVIT: I ......~ ~he Notice ~A~n¢.l Common Pleas No ~_~- ~02 ~ up.~he Distr ct Justice designated therein on '~ ~.-yvy y' . , ~'/~ ? ~¢/~ ..... ~;~-~ce~ b~certifjed). (registered) mail, sender's -J'~ ~ '~ ' m laint accom an in the above Not ce oi Appeal n and fu~2~rthatiservepthe~let~File.a? P ~n~ ~ n hvnnm ,servioe~ bv(oert ied)(reg,stered) the Rule wa~ addressed on .~.~¢_ ~ ' ~ ~ mail sender s receipt attached he,to. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ~ My corem ssion expires on COMMONWEALTH OF PENNSYLVAN A COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT CQMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the date and in ~ case rn~nfinoed belov4 above Court of Commo~ Pleos an appeal from the judgment r~'~dered by the District Justice on the This~k will be ~ ' 1008B. uired u This Notice of ' L~ . t?,?~ . J' ' .... ' -' ' FI . , : ~. ,,~., . 0 ~-~ ': .~ F "~ , [EA COMPLAINT wlth,, lwent¥ r2o~ ~ __ PIAICIPE~ To Protho~o~ry O !L N~rr;e o ~oe,",~'s, , appellee(s), to file . coml:xlai,t in this " _ (I) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twemy (20) days ~ler the. dale of service of this role upon you b~..Reeno~l, secvce .- . .,' :~ ~ . or by certified or registered mail. (2) If you do no~f~., a complaint within this' time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU, ' ·. ( ) The da~ bf ~erwce of this rule if ser~¢~ ~.was by mail is the dale of mdling. AOPC 312-90 COURT FILE MID PENN BANK, Plaintiff Vs. LEE STAMM a/Ida N. LEE STAMM and ANNE L. ZIKONUS, a/k/a ANN L. STAMM, Defendants IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. ©5 - CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier gueja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero ¢> sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, MID PENN BANK, : Plaintiff : : Vs. LEE STAMM a/k/a N. LEE STAMM : and ANNE L. ZIKONUS, a/k/a ANN : L. STAMM, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~9.~ -,~9.~ ~ CIVIL ACTION - LAW COMPLAINT COUNT I - EJECTMENT 1. Plaintiff, Mid Penn Bank, is a financial institution organized and existing under the laws of the Commonwealth of Pennsylvania with offices located at 349 Union Street, Millersburg, Dauphin County, Pennsylvania. 2. Defendants, Lee Stamm, a/k/a N. Lee Stamm and Anne L. Zikonus, a/k/a Ann L. Stamm, his wife, are adult individuals presently residing at the premises at issue which are more particularly identified as 53 Heiser's Lane, South Middleton Township, Cumberland County, Pennsylvania. 3. Plaintiff is the owner of all that certain premises situate at 53 Heiser's Lane, South Middleton Township, Cumberland County, Pennsylvania, tax parcel no. 40-10-0634-025 (hereinafter referred to as the "Premises"), Cumberland County Record Book 256, Page 2976, and which are more particularly described in the Sheriff's Deed attached hereto as Exhibit "A", which is incorporated herein by reference. 4. Defendants are terre tenants in possession of the premises. 5. On February 27, 2003, Plaintiff and Defendants entered into a written House Lease Agreement for the subject premises (hereinafter referred to as the "Lease Agreement"). A true and correct copy of the Lease Agreement is attached hereto as Exhibit "B" and is incorporated herein by reference. 6. Paragraph 6 of the Lease Agreement provides that Plaintiff could terminate the Lease Agreement during the term of the lease by giving Defendants 60 days notice after Plaintiff entered into a contract to sell the premises to a third party. 7. On April 7, 2003, Plaintiff entered into a sales agreement for the purchase of the premises (hereinafter referred to as the "Sales Agreement"), with Rex D. Manweiler and David McGowan, hereinafter referred to as the "Buyers"). A true and correct copy of the Sales Agreement is attached hereto as Exhibit "C" and is incorporated herein by reference. 8. On April 21, 2003, Plaintiff and Buyers entered into an Addendum to the Sales Agreement (hereinafter referred to as the "Addendum"), whereby Plaintiff agreed to convey the premises to the Buyers free and clear of all leases and with all tenants having vacated the premises unless Buyers notifies Plaintiff of Buyers' intention to continue the tenancy with the Defendants. A true and correct copy of the Addendum is attached hereto as Exhibit "D" and is incorporated herein by reference. 9. By correspondence dated May 9, 2003, Buyers notified Plaintiff that Plaintiff was required to take appropriate action to have Defendants vacate the property prior to closing. A true and correct copy of correspondence dated May 9, 2003, is attached hereto as Exhibit "E" and is incorporated herein by reference. 10. On June 17, 2003, Plaintiff and Buyers entered into a Second Addendum to the Sales Agreement (hereinafter referred to as "Second Addendum"), whereby Buyers agreed to extend settlement for a reasonable period of time to allow Sellers to commence or conclude legal proceedings against Defendants to eject them from the premises. A true and correct copy of the Second Addendum is attached hereto as Exhibit "F" and is incorporated herein by reference. 11. On May 12, 2003, Plaintiff served Defendants with Notices to Quit Possession of the Premises by certified mail and personally served Defendants with Notices to Quit by hand- delivery. A true and correct copy of Notices to Quit Possession of the Premises and proof of service is attached hereto collectively identified as Exhibit "G", and are incorporated herein by reference. 12. Despite the termination of the Lease effective July 11, 2003, Defendants have failed and refused to vacate and surrender possession of the premises to Plaintiff. WHEREFORE, Plaintiff requests that this court enter judgment in favor of Plaintiff and against Defendants, Lee Stamm, a/k/a N. Lee Stamm and Anne L. Zikonus, a/k/a Anne L. Stamm, for possession of the premises here described, 53 Heiser's Lane, South Middlleton Township, Cumberland County, Pennsylvania, tax parcel no. 40-10-0634-025. COUNT II - INTERFERENCE WITH CONTRACTUAL RELATIONS PLAINTIFF V. DEFENDANT LEE STAMM A/K/A N. LEE STAMM AND ANNE L. ZIKONUS, A/K/A ANNE L. STAMM 13. Paragraphs 1-12 inclusive are incorporated herein by reference as though herein set forth at length. 14. Plaintiff's counsel received from Buyer, David L. McGowan, correspondence dated July 1,2003, whereby Mr. McGowan informed the undersigned counsel that Defendants inflicted physical damage to the premises and that the property was expected to deteriorate over the period required to successfully evict the Defendants. A true and correct copy of Mr. McGowan's correspondence dated July 1, 2003, is attached hereto as Exhibit "H" and is incorporated herein by reference. 15. Defendants' continued failure to relinquish possession of the subject premises and their intentional damage of the premises is having a deleterious effect on the contractual relations between Plaintiff and the Buyers. 16. Defendants, acting without privilege or license, wrongfully interfered and continued to wrongfully interfere with Plaintiffs' existing contractual relationship with Buyers by inducing or otherwise causing the Buyers not to fully perform their agreement for the purchase of the property from Plaintiff. 17. Defendants acted and continued to act intentionally, knowingly and without justification for the purpose of inducing or causing Buyers not to perform their agreement for the purchase of the property from Plaintiff. 18. The actions of Defendants include but are not limited to the following: A. Failing to relinquish possession of the subject premises after having been properly notified to do so under the terms of their Lease Agreement with Plaintiff; B. Dismantling certain material assets that were attached to the physical property and selling them to antique/flea market dealers; C. Inducing, persuading and/or causing Buyers to reduce their offer to purchase the premises from Plaintiff. 19. Plaintiff has suffered or may in the future suffer damages as a result of Defendants' actions, including but not limited to the loss of the opportunity to sell the property for the price agreed to by the Buyers and attorney's fees, costs and expenses associated with these eviction proceedings. WHEREFORE, Plaintiff demands judgment against Defendant in an undetermined amount, but not in excess of $150,000.00, together with interest, attorneys' fees and costs of suit. ETZWEILER AND ASSOCIATES 105 'i~ Harrisburg, PA 17101 Supreme Court I.D. #47741 (717) 234-5600 Tax Parcel No. 40-10-0634-025 Know all Men by these Presents That I, R. Thomas Kline, Sheriffofthe County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to Mid Penn Bank. REAL ESTATE SALE No. 49 Writ No. 2002-5710 Civil Term Mid Penn Bank vs Mrs. Stamm's Bar B Q, Inc. Atty: Christian Daghir DESCRIFTION ALL that certain ri'act of land located in South Middleton Town- shil~, Cumberland County, Pannsyl- vama, more particularly bounded and described as follows: BEGINNING at a point on the South side of Township Road No. 514, approximately one-quarter of a mile east of the intersection of said Township Road with State Highway Route No. 34, said begin- ning point being in line of lands now or formerly of Floyd Wethley; thence by said lands South 17 degrees West 70 1/4 perches to a point at line of lands now or formerly of S, Fred Nangle; thence by said lands North 65 1/4 degrees East 58.2 perches to a point; thence by land now or formerly of Roy Weibley, North 17 1/2 degrees West 9.5 perches to a point on the South side of said Township Road; thence by the South side of said Township Road, North 41 1/2 degrees West 44.8 perches. CONTAINING I0 acres and 10 perches. BEING improved with a dwelling house, a concrete block processing building and other buildings. BEING the same premises which Lee Stamm a/k/a N. Lee Stamm, by deed dated October 17, 1955, and recorded in the Office for the Record- ing of Deeds in and for Cumberland County in Record Book 129, Page 859, granted and conveyed to Mrs. Stamm's BAR B Q, Inc. TAX PARCEL NO. 40-10-0634- 025. Exhibit "A" ,~:~ The same having been sold by me to the said grantee on the ?day of March Anno Domini Two Thousand and Three (2003) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 27th day of November Anno Domini 2002out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Two (2002) Number 5710 at the suit of Mid Penn Bank against Mrs. Stamm's Bar B Q, Inc. In Witness Whereof, I have hereunto affixed my signature this 1 5tlrlay of April Anno Domini Two Thousand and Three (2003) j~_/2~ '~. ~ ~5~ ' ~T~omas Klin~, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary. of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are tree, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, th/s ~ 5t:hday of Apr .Anno Domini Two Thousand and Three (2003) · Pr°th°~°otTa~l~ 0 And Post Office address of the Within Grantee is 349 Union Street HO_U_SE LEASE AGREEMENT THIS AGREEMENT made thisc'l'l day of ~rM~2003, by and between MID PENN BANK, a Pennsylvania banking corporation, with offices located at 349 Union Street, Millersburg, Pennsylvania 17061, hereinafter called "Lessor", AND LEE STAMM, a/k/a N. LEE STAMM and ANNE L. ZIKONUS, a/k/a ANNE L. STAMM, his wife, of 51 Heiser's Lane, Carlisle, Cumberland County, Pennsylvania, hereinat~er called "Lessee". WHEREAS, Lessor desires to lease to Lessee, and Lessee desires to lease from Lessor the dwelling house located on the premises situate at 53 Heiser's Lane, South Middleton Township, Cumberland County, Pennsylvania. NOW THEREFORE, in consideration for the mutual covenants and conditions as hereinafter set forth, and with the preamble being incorporated herein by reference, it is hereby mutually agreed as follows: l. PREMISES. The Lessor, in consideration of the rents and covenants hereinafter mentioned, does demise and lease unto the said Lessee to be used as a principal residence, the dwelling house and area surrounding the house, on the premises situate at 53 Heiser's Lane, South Middleton Township, Cumberland County, Pennsylvania. 2. USE. The leased premises is a dwelling house and will be used for as the residence of Lessee. 3. TERM. This Lease shall begin on April I, 2003, and will continue on a month-to- month basis for a two year term subject, however, to the provisions contained in paragraph 6. 4. RENT. For a period of twelve (12) months, Lessee agrees to pay to Lessor as rent for the use and occupancy of the said premises the sum of Four Hundred Dollars ($400.00) in Exhibit "B" advance at the residence of the Lessor, with the first payment being due on or before the beginning of the term of this Lease, and the remaining payments being due on the 1st day of each subsequent month thereat~er (the "due" date). Beginning April 1, 2004, rent shall increase 5% for a total of Four Hundred Twenty Dollars ($420.00) until the end of the lease term under the same terms of payment as described in this paragraph. 5. LATE CltARGE. A late charge of $60.00 shall be added to the rent for each month that the rent is not paid more than five days at~er the due date. 6. TERMINATION. Lessor may terminate this Lease during the lease term by giving Lessee a 60 day notice after Lessor has entered into a contract to sell the premises to a third party. 7. SECURITY DEPOSIT. A security deposit of $400.00 shall be paid to Lessor on the signing of this Lease which security deposit shall be held until the Lessee vacates the premises. If there is any unpaid rent or damage at that time, the security deposit shall be applied toward such unpaid rent and damages, and any balance shall be refunded to Lessee. 8. MAINTENANCE OF PREMISES The said premises are to be kept and maintained in as good repair and condition as at present, and at the expiration of this Lease, the leased premises are to be surrender in like repair and condition, natural wear and damages happening by fire, storm or other casualties only excepted. 9. REMOVAL OF REFUSE. The premises are to be kept in a clean and sanitary condition and all garbage which may accumulate thereon during the term is to be removed, and in case of failure of Lessee to remove the same, the Lessor may pay for such removal and collect from Lessee the costs of the same. -2- 10. UTILITIES. All utilities or other service used by Lessee shall be paid for by Lessee. If Lessee would fail to pay such utilities, then Lessor may pay the same and collect from Lessee the costs of the same. ll. SUBLEASING AND ASSIGNMENT. The Lessee shall not sublease any portion of the leased premises nor assign any interest created herein except with the prior written consent of Lessor. 12. NUISANCE. No nuisance or unlawful acts or business may be carried on upon the leased premises at any time. 13. YARD. Lessee shall maintain the yard by keeping the grass mowed and the leaves raked. 14. ALTERATIONS. Lessee shall not make any alterations or additions to the leased premises without prior written consent of Lessor. 15. INSURANCE. The Lessor shall maintain fire insurance on the buildings and such personal property owned by Lessor which is on the leased premises, and Lessee shall maintain fire insurance on the personal property of Lessee on the leased premises. Nothing shall be done upon the leased premises contrary to the conditions of the policies of insurance upon the building or buildings thereon whereby the hazard may be increased or the insurance invalidated. 16. ACCESS TO PREMISES BY LESSOR. The Lessor expressly reserves the right for Lessor or a representative or agent of Lessor to enter upon the premises at reasonable times for the purpose of making necessary inspection, repairs or to show the same to prospective purchasers or lessees, and may display "for rent" or "for sale" signs thereon. 17. LIABILITY OF LESSOR. The Lessee relieves the Lessor from all liability by reason of any damage to any person or property in or on the leased premises except as caused by the intentional acts of Lessor, or Lessor's agents, servants or employees. 18. SURRENDER OF POSSESSION Lessee hereby walves the usual notice to quit and agrees to surrender said premises at the expiration of the term of this Lease or any extension thereof without any notice whatsoever. 19. KEYS. When Lessee vacates the leased premises, the Lessee shall return all keys to Lessor. If Lessee should fall to do so, Lessee shall pay to Lessor an additional charge of $100.00, which may be collected as rent or other items due Lessor. 20. REMEDIES FOR DEFAULT. If Lessee fails to pay rent, or any other sum, to Landlord when due, or defaults in any other provisions of this lease, Lessor in addition to all other remedies provided by law, may: (a) Terminate this lease; (b) Retain the entire amount of the security deposit; (c) Bring an action to recover possession of the premises; (d) Bring an action to recover the whole balance of the rent and other charges due under this Lease, of whatever kind and nature, together with any and all consequential damages caused by Lessee's default, including reasonable attorney's fees and court costs. 21. NON WAIVER OF RIGHTS. Acceptance by the Lessor of any of the said rent at any time after the same shall become due, after default has been made in the payment thereof, or any failure to enforce any of the rights herein reserved to the Lessor or any of the penalties, forfeitures or conditions therein contained, shall not in any manner be considered a waiver of the right to enforce the same at any time without any notice whatsoever, and any attempt to collect the -4- rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all of the rights of the Lessor, and all forfeitures, penalties and conditions may be enforced together or successively at the option of the Lessor. 22. AMENDMENT. It is further agreed that the terms and conditions of this Lease Agreement shall in no way be changed or altered except by a writing signed by all parties hereto. 23 BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators and assigns. IN WITNESS WltEREOF, the parties aforesaid have hereunto set their hands and seals the day and year first above written. Witness: Lee Stamm - Lessee Lessor (SEAL) N. Lee Stamm - Lessee Anne L. Zik~on~s/~essee Anne L. Stamm - Lessee (SEAL) (SEAL) (SEAL) -5- SALES AGREEMENT 30, 33. 5. BRO~R(S):C~mi~-Indus~d~("C~')l~nt~?. OSeller 0~[~ ffi ~evtfmSeller~dBuycr. IfCIRis 46. 47. 48, 49 50. 51. 52. 53. 54. 55 56. 57 5g 5!I 61. 62 63. 140 142 143 144 145 146. ADDENDUM TO SALES AGREEMENT Tiffs addendum is made this 21 day of April, 2003 belween Mid Penn Bank ("Seller") ned Rex D, Manweiler mid David McGowan and/or assigns ("Buyer"). RECITALS A. Buyers and Sellers entered into a Sales Agreement dated _ ~//~'? ,2003 ("AgreemcnP') by which S¢}}er agreed to sell and Buyer agreed to purchase all that certain real estate and improvements erected thereon situate at 53 Heisers Lane, South Middle,on Township, Cumberland Conniy, Pennsylvania ("Property"). B. The parties hereto desire to amend the Ag~ement as set forth herein. NOW THEREFORE, in consideration of the above recitals which are incorporated herein ns an integral part hereof, and the parties, intending to be legally bound, hereby aBlnn and agree as folloxvs: I. Anything to the contrary set forth in paragraphs 4 and 8 of the Agreemeut not withstanding the conveyance of the property to Buyer shall be free and clear of all Leases and any aud a0 {enanls currently on the property shall have vacated t0e property prior to croslng unless Buyers inform Seller of their Intention to continue the tenancy with any such lenanl(s) under terms and conditions satisfactory to the Buyers and Ihe tcnmrt(s) execnte(s) a Lense Agreement for the continued tenancy wilh the Buyers in form and content acceplable to the Buyers and the Buyer's attorneys. 2. Anything to Ihe contrary set forth in paragraph II of t0e Agreement not wlthslanding, Buyer's obligations under the Agreement ave specifically contingent upon Buyer's and Buyer's attorneys rev'ew and approval of the fo owing: a) The docket, pleadings and any and all notices in connection with any tax sale nr foreclosure appearing in the chain of title; and b) Any and all conditions, restrictions, rights-of-way, easements visible npon die ground or of record and any and all other matlers appearing nf record. 3. qlme is considered to be of tfie essence in all respects with regards to the Agreement and Ihls Addendum. 4. The Agreement and this Addendum constitute the entire Agreement belween Ibe parties and it sha0 not be amended or modified except in a writing signed by aH o£1he parties hereto. 5. All remaining terms and conditions set forth in the Agveement shall remain in full force and elTect except as specifically modified herein. IN WITNESS WHEREOF, the parties hereto have set their bands and seals the date first above Inenfioned. BUYER: DAVID McGOWAN SELLER: MID PENN BANK Exhibit A Exhibit *Richard P. Mislitsky Law 0~ af Richard P. Mislitsky One West High Street P.O. Box 1290 Carlisle, pennsylvania 17013 Telephone (717) 241-6363 F~ux (717) 249-7073 Carlisle Chamb~rsburg York May g, 2003 VIA FACSIMILE chri~tlan Daghir, Esquire Etzw~iler and Associates 105 North Front Street Harrisburs, PA 17101 Re: Stamm's Dear Attorney Daghir: Please be advised that after discussing this with my clients, I am informing you that you need to take appropriate action to have the pre~nt tenants vacate the property. Pursuant to the Agreemeot, my clients expect the tenants to have vacat~l prior to closing. We do not believe that this should delay settlement. Please acFa, owledge receipt of this correspondence. Sincerely, RPM/dls Richard P. Mislitsky F~xhibit "E" *Cerlified as a Civil Trial Advocate by the National Board of Trial Advocacy A Pennsylvania Supreme Court Accredited Agency 2 SECOND ADDENDUM TO SALES AGREEMENT This Second Addendum is made this / 7 ~day of ~¥'~'- ,2003, between MID PENN BANK ("Seller") and REX D. MANWEILER AND DAVID MCGOWAN and/or assigns ("Buyer"). A. Buyers and Seller entered into a Sales Agreement dated April 7, 2003, (Agreement) by which Seller agreed to sell and Buyers agreed to purchase all that certain real estate and improvements erected.thereon situate at 51-53 Heiser's Lane, South Middletown Township, Cumberland County, Pennsylvania ("Property"). B. Buyers and Seller entered into an Addendum to Sales Agreement dated April 21, 2003, ("First Addeffdum") by which Buyem and Seller agreed to amend the Agreement as set forth therein which provided, inter alia, that the conveyance of the property to Buyers is to be free and clear of all leases and any and all tenants currently on the property shall have vacated the property prior to closing unless Buyers inform Seller of their intention to continue the tenancy with such tenant(s) under terms and conditions satisfactory to the Buyers and the tenants execute(s) a lease agreement for the continued tenancy with the Buyers in form and content acceptable to the Buyers and the Buyers' attorneys. C. By correspondence dated May 9, 2003, counsel for the Buyers, Richard P. Mislitsky, Esquire notified the attorney for Seller, Christian S. Daghir, Esquire, that Seller was required to "take appropriate action to have the present tenants vacate the property" and that the buyers "expect the tenants to have vacated [the premises] prior to closing." property. On or about May 12, 2003, Sellers notified the present tenants to vacate the E. The parties hereto desire to further amend the Agreement as set forth herein. NOW THEREFORE, in consideration of the above recitals which are incorporated herein as an integral part hereof, and the parties, intending to be legally bound, hereby affirm and agree as follo~vs: 1. Seller agrees to take all necessary steps to evict and eject the current tenants from the Property in a timely manner. 2. If despite Seller's reasonable and timely efforts, the present tenants are not evicted and ejected by the property, Buyers agree to extend settlement for a reasonable period of time to allo~v Seller to commence or conclude legal proceedings against the present tenants to eject them from the Property. Rxhibit "I~~ 3. The Agreement, the First Addendum and the Second Addendum constitute the entire Agreement between the parties and it shall not be amended or modified except in a writing signed by all the parties hereto. 4. All remaining terms and conditions set forth in the Agreement and the First Addendum shall remain in full force and effect except as specifically modified herein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above set forth. WI NESS: (SEAL) /' ~'~'~/' '~ (SEAL) David MeGtowan SELLER MID PENiN BANK BY: C~:~¢~~ (SEAL) TITLE: fff~(~ c~'D~- l/Ic~- ff/;C.g/~C/~r-'- Earl Richard Etzweiler Christian S. Daghir ETZWEILER AND ASSOCIATES ATTORNEYS-AT-LAW 105 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 234-5600 HALIFAX LINE (717) 896-3737 Fax Line: (717) 234-5610 May l2, 2003 2 West Main Street Elizabethville, PA 17023 (717) 362-8395 225 Market Street Millersburg, PA 17061 (717) 692-2519 VIA CERTIFIED MA/L - RETURN RECEIPT REQUESTED Deborah A. Hughes, Esquire 2080 Linglestown Road Suite 106 P.O. Box 961 Harrisburg, PA 17108 53 Heiser's Lane, Carlisle, Cumberland County, PA Termination of House Lease Agreement Lee Stamm, a/k/a N. Lee Stature and Anne L. Zikonus, a/k/a Anne L. Stamm Dear Ms. Hughes: Please be advised, pursuant to paragraph 6 of the House Lease Agreement between Mid Penn Bank and the above-captioned parties, you are hereby notified that the lease of the above-referenced premises is terminated. Your clients have 60 days f~om the date of this notice to vacate the subject premises. An Agreement of Sale and Addendum was entered into by Mid Penn Bank effective April 7, 2003, and April 21, 2003 respectively. If you have any questions, kindly contact our office. Very truly yours, CSD:db Christian S. Daghir lO · Complete items 1, 2, and 3. Also complete item 4 if'Restricted Delivery is desired, · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the front ~f space permits. · Deborah A. Hughes, Esquire 2080 Linglestown Road Suite 106 P.O. Box 961 Harrisburg, PA 17108 A. Signet S. Received by ~Pdnt~ N~) - C. Date of Deliv~ D. Isdeliv~d~t ~m it~ 17 ~ Yes If YES, enter deliv~ add~s below: ~ NO 3. Sesvice Type [] Certifi6d Mail [] Express Mail [] Registered '~Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver'? (Extra Fee) [] Yes 7001 0320 0002 6574 4762 PS Form 3811, August 2001 Domeetic Return Receipt 102595-01 -M-2~09 Postage Cer[ified Fee Return Receipt Fee ~ndofsetllent RequirecJ) Restricted Deliv e~' Fee (Endorsement Required) Total PoStage & Fees Earl Richard Etzweiler Christian S. Daghir ETZWEILER AND ASSOCIATES ATTORNEYS-AT-LAW 105 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 234-5600 HALIFAX LINE (717) 896-3737 Fax Line: (717) 234-5610 May 12, 2003 2 West Main Street Elizabethville, PA 17023 (717) 362-8395 225 Market Street Millersburg, PA 1706 I (717) 692-2519 Mr. and Mrs. Lee Stamm 53 Heiser's Lane Carlisle, PA 17013 Served I/ia Hand-Deliver_ 53 Heiser's Lane, Carlisle, Cumberland County, PA Termination of House Lease Agreement Lee Stamm, a/k/a N. Lee Stamm and Anne L. Zikonus, aPrda Anne L. Stamm Dear Mr. and Mrs. Stamm: Please be advised, pursuant to paragraph 6 of the House Lease Agreement between Mid Penn Bank and the above-captioned parties, you are hereby notified that the lease of the above-referenced premises is terminated. You have 60 days from the date of this notice to vacate the subject premises. An Agreement of Sale and Addendum was entered into by Mid Penn Bank effective April 7, 2003, and April 21, 2003 respectively. If you have any questions, kindly contact our office. Very truly yours, CSD:db Christian S. Daghir Affidavit of Process Server (NAME OF COURT} PLAINTIFF/PETITIONER OEFENOANT/RESPONDENT CASE I declare that I am a citizen of the Un edSta~es~~ver~heage~feighteenandn~tapartYt~th~sacti~n-Andtha~W~thin~heb~undar~es~f the stale where service was effected, I was aulhodzed by law tp perform said service. ~'~th the (documents) NAME OF PERSON/ENTITY BEING SERVED by serwng ri Business RELATIONSHIP L3 Unknown at Address Service Attempts: ( ) OATE Description. Age: TIME Thereafter copies of Ihe documenls were mailed by prepaid, first class mail on from DATE CITY STATE Manner ol Service: [3 ey personally delivering copies to lhe person/authorized agent of entity being served, ~3 By leaving, during office hours, copies at the office of the person/enlity being served, leaving same wilh the person appa renlly in charge thereof. E] By leaving cop~es at the dwelling house or usua( place ol abode ot the person being served, with a member of t he hous~:~old 18 °r °'der ~d ~oXs~ ~in~(g the general nature of the papers. ~']Y P ' g opies in a conspicuous manner to Ihe address of he person/entity being served. No. n-Service: A~'ter due search, careful inquiry and diligent allempts at the address(es) listed above. I have been unable to effect process upon the person/entity being served because of the following reason(s): {~ Evading n Moved. Leh no Forwarding 0 Other; C] Service Cancelled by Litigant D Unable ID Serve In a Timely Fashion Service was attempted on: ( ) DATE TIME ' ( ) DATE . ( ) DATE TIME DATE TiME Sex: Race: Hgt: Wgt: Hair: Glasses: declare under penalty o~ perjury that, the informafloalcontained harem ~sJ~-ue and correct and this affidavit was executed on Coumyot ~G~ ~ ~ ~ WITNESS MY HAND AND OFFICIAL SEAL TO '~lb~J~'i~i~'L SEAL J I CHAR~ .S ~. HARBOLD, Notar/~ I NATION/ ...................... II C,;~,.~- IIIII Bom, Cumbedald County J J My c, omm~ r~ree Dec. 30, ~ I July 1, 2003 Christian S. Daghir. Esquire 105 North Front Street Harrisburg, Pa. 17101 Re: Stamm's Property 51-53 Heiser's Lane We have been in receipt of a number of pieces of correspondence from your office and the office of the attorney representing the tenant in the eviction action regarding the above-mentioned property. While we realize the eviction process may require several months to complete successfully. We have a concern over the continued deteriation of the asset building smictures on the property in need of extensive repairs now. The Tennant's attorney wanting a lease extension until the end of December 2003 heightens this concern. We believe we need to provide you our definition of a reasonable period of time as stated in the second addendum to the Sales Agreement. Our original Sales agreement is dated April 7, 2003 and your eviction notice to the Tennant's is dated May 12, 2003. We believe 180 days from May 12, 2003 is a reasonable period of time. If, we cannot settle within that time, we would need to re-evaluate thc original offer based on the additional depreciated loss in value of the building assets not receiving badly needed renovations. We know the current tenant has dismantled certain material assets that were attached to the physical property and sold them to Antique/Flea Market dealers. We have concerns regarding any further dismantling of property assets in ground or attached to any smacture on the property. We sincerely hope your client is successful in the eviction process as we are ready to inspect and settle immediately following eviction. If you have any questions, please feel ~ to contact us. cc- Duff Manweiler Bill Gladstone R. Mislitsky, Esquire (File) David L. McGowan ~' I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: MID PENN BANK Eric Williams MID PENN BANK, : Plaintiff : ._ Vs. : LEE STAMM a/k/a N. LEE STAMM : and ANNE L. ZIKONUS, a/k/a ANN : L. STAMM, : Defendants : 1NTHECOURTOFCOMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION- LAW CERTIFICATE OF SERVICE ANDNOW, this .~Sf'C~ dayof ,~f)J~'~-f'~ ,2003, I, ChristianS. Daghir, Esquire, of the Law Offices of ETZWEILER & ASSOCIATES, Attorneys for Mid Penn Bank, Plaintiff, hereby certify that I served a copy of the Complaint in the above-captioned matter upon Karl E. Rominger, Esquire, of 155 South Hanover Street, Carlisle, PA 17013, Attorney for Defendants, Lee Stamm a/k/a N. Lee Stamm and Anne L. Zikonus, a/k/a Ann L. Stamm, this day by depositing the same in the United Slates Mail, postage prepaid, in the post office at Harrisburg, Pennsylvania. ETZWEILER & ASSOCIATES By Chr~tLa~: ]~tagh'-i~, ?;~u~ Supreme Ct. I.D. N~41 105 No~h ~ont S~eet ~risburg, PA 17101 (71~ ~5600 MID PENN BANK, Plaintiff Vs. LEE STAMM a/k/a N. LEE STAMM and ANNE L. ZIKONUS, a/k/a ANN L. STAMM, Defendants 1N THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. ©3 - L/aa CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualguier gueja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 MID PENN BANK, : Plaintiff : : Vs. : LEE STAMM a/k/a N. LEE STAMM : and ANNE L. ZIKONUS, a/k/a ANN : L. STAMM, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT COUNT I - EJECTMENT 1. Plaintiff, Mid Penn Bank, is a financial institution organized and existing under the laws of the Commonwealth of Pennsylvania with offices located at 349 Union Street, Millersburg, Dauphin County, Pennsylvania. 2. Defendants, Lee Stamm, a/k/a N. Lee Stamm and Anne L. Zikonus, a/k/a Ann L. Stamm, his wife, are adult individuals presently residing at the premises at issue which are more particularly identified as 53 Heiser's Lane, South Middleton Township, Cumberland County, Pennsylvania. 3. Plaintiff is the owner of all that certain premises situate at 53 Heiser's Lane, South Middleton Township, Cumberland County, Pennsylvania, tax parcel no. 40-10-0634-025 (hereinafter referred to as the "Premises"), Cumberland County Record Book 256, Page 2976, and which are more particularly described in the Sheriff's Deed attached hereto as Exhibit "A", which is incorporated herein by reference. 4. Defendants are terre tenants in possession of the premises. 5. On February 27, 2003, Plaintiff and Defendants entered into a written House Lease Agreement for the subject premises (hereinafter referred to as the "Lease Agreement"). A true and correct copy of the Lease Agreement is attached hereto as Exhibit "B" and is incorporated herein by reference. 6. Paragraph 6 of the Lease Agreement provides that Plaintiff could terminate the Lease Agreement during the term of the lease by giving Defendants 60 days notice after Plaintiff entered into a contract to sell the premises to a third party. 7. On April 7, 2003, Plaintiff entered into a sales agreement for the purchase of the premises (hereinafter referred to as the "Sales Agreement"), with Rex D. Manweiler and David McGowan, hereinafter referred to as the "Buyers"). A true and correct copy of the Sales Agreement is attached hereto as Exhibit "C" and is incorporated herein by reference. 8. On April 21, 2003, Plaintiff and Buyers entered into an Addendum to the Sales Agreement (hereinafter referred to as the "Addendum"), whereby Plaintiff agreed to convey the premises to the Buyers free and clear of all leases and with all tenants having vacated the premises unless Buyers notifies Plaintiff of Buyers' intention to continue the tenancy with the Defendants. A true and correct copy of the Addendum is attached hereto as Exhibit "D" and is incorporated herein by reference. 9. By correspondence dated May 9, 2003, Buyers notified Plaintiff that Plaintiff was required to take appropriate action to have Defendants vacate the property prior to closing. A true and correct copy of correspondence dated May 9, 2003, is attached hereto as Exhibit "E" and is incorporated herein by reference. 10. On June 17, 2003, Plaintiff and Buyers entered into a Second Addendum to the Sales Agreement (hereinafter referred to as "Second Addendum"), whereby Buyers agreed to extend settlement for a reasonable period of time to allow Sellers to commence or conclude legal proceedings against Defendants to eject them from the premises. A true and correct copy of the Second Addendum is attached hereto as Exhibit "F" and is incorporated herein by reference. 11. On May 12, 2003, Plaintiff served Defendants with Notices to Quit Possession of the Premises by certified mail and personally served Defendants with Notices to Quit by hand- delivery. A true and correct copy of Notices to Quit Possession of the Premises and proof of service is attached hereto collectively identified as Exhibit "G", and are incorporated herein by reference. 12. Despite the termination of the Lease effective July 11, 2003, Defendants have failed and refused to vacate and surrender possession of the premises to Plaintiff. WHEREFORE, Plaintiff requests that this court enter judgment in favor of Plaintiff and against Defendants, Lee Stamm, a/k/a N. Lee Stamm and Anne L. Zikonus, a/k/a Anne L. Stature, for possession of the premises here described, 53 Heiser's Lane, South Middlleton Township, Cumberland County, Pennsylvania, tax parcel no. 40-10-0634-025. COUNT II - INTERFERENCE WITH CONTRACTUAL RELATIONS PLAINTIFF V. DEFENDANT LEE STAMM A/K/A N. LEE STAMM AND ANNE L. ZIKONUS, A/K/A ANNE L. STAMM 13. Paragraphs 1-12 inclusive are incorporated herein by reference as though herein set forth at length. 14. Plaintiff's counsel received from Buyer, David L. McGowan, correspondence dated July 1, 2003, whereby Mr. McGowan informed the undersigned counsel that Defendants inflicted physical damage to the premises and that the property was expected to deteriorate over the period required to successfully evict the Defendants. A true and correct copy of Mr. McGowan's correspondence dated July l, 2003, is attached hereto as Exhibit "H" and is incorporated herein by reference. 15. Defendants' continued failure to relinquish possession of the subject premises and their intentional damage of the premises is having a deleterious effect on the contractual relations between Plaintiff and the Buyers. 16. Defendants, acting without privilege or license, wrongfully interfered and continued to wrongfully interfere with Plaintiffs' existing contractual relationship with Buyers by inducing or otherwise causing the Buyers not to fully perform their agreement for the purchase of the property from Plaintiff. 17. Defendants acted and continued to act intentionally, knowingly and without justification for the purpose of inducing or causing Buyers not to perform their agreement for the purchase of the property from Plaintiff. 18. The actions of Defendants include but are not limited to the following: A. Failing to relinquish possession of the subject premises after having been properly notified to do so under the terms of their Lease Agreement with Plaintiff; B. Dismantling certain material assets that were attached to the physical property and selling them to antique/flea market dealers; C. Inducing, persuading and/or causing Buyers to reduce their offer to purchase the premises from Plaintiff. 19. Plaintiff has suffered or may in the future suffer damages as a result of Defendants' actions, including but not limited to the loss of the opportunity to sell the property for the price agreed to by the Buyers and attorney's fees, costs and expenses associated with these eviction proceedings. WHEREFORE, Plaimiff demands judgmem against Defendant in an undetermined amount, but not in excess of $150,000.00, together with interest, attorneys' fees and costs of suit. ETZWEILER AND ASSOCIATES '-'~Christ~ian S~t~hi~, ~squire 105 N. Front Stree'~ Harrisburg, PA 17101 Supreme Court I.D. #47741 (717) 234-5600 Tax Parcel No. 40-10-0634-025 Know all Men by these Presents That I, R. Thomas Kline, Sheriffof the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to Mid Penn Bank. REAL ESTATE SALE No. 49~ Writ No. 2002-5710 Civil Term Mid Penn Bank vs Mm. Stamm's Bar B Q, Inc. Atty: Christian Daghir DESCRIPTION ALL that certain tract of land located in South Middleton Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows: BEGINNING at a point on the South side of Township Road No. 514, approximately one-quarter of a mile east of the intersection of said Township Road with State Highway Route No. 34, said begin- ning point being in line of lands now or formerly of Floyd Weibley; thence by said lands South 17 degrees West 70 1/4 perches to a point at line of lands now or formerly of S. Fred Naugle; thence by said lands North 65 1/4 degrees East 58.2 perches to a point; thence by land now or formerly of Roy Weibley, North 17 1/2 degrees West 9.5 perches to a point on the South side of said Township Road; thence by the South side of said Township Road, North 41 1/2 degrees West 44.8 perches. CONTAINING I0 acres and 10 perches. BEING improved with a dwelling house, a concrete block processing building and other buildings. BEING the same premises which Lee Stamm a/k/a N. Lee Stature, by deed dated October 17, 1955, and recorded in the Office for the Record- ing of Deeds in and for Cumberland County in Record Book 129, Page 859, granted and conveyed to Mrs. Stamm's BAR B Q, Inc. TAX PARCEL NO. 40-10-0634- 025. The same having been sold by me to the said grantee on the 5th day of March Anno Domini Two Thousand and Three (2003) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 27th day of November Anno Domim 2002out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Two (2002) Number 5710 at the suit of Mid Penn Bank against Mrs. Stamm's Bar B Q, Inc. In Witness Whereof, I have hereunto affixed my signature this 1 5tl'day of April Anno Domini Two Thousand and Three (2003) j~-~,.-~" ,~Sh~ ~ 1~. Thomas Klin Commonwealth of Pennsylvania, ss. County of Cumberland Before the undemigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 1 5~zhday of Apr .Anno Domini Two Thousand and Three (2003) And Post Office address of the Within Grantee is 349 Union Street 256 ' :1',~s to be recorded · · County PA Recorder of De · eds HO_UjE LEASE AGREEMENT THIS AGREEMENT made this,'i"[ day of ~2003, by and between MID PENN BANK, a Pennsylvania banking corporation, with offices located at 349 Union Street, Millersburg, Pennsylvania 17061, hereinafter called "Lessor", AND LEE STAMM, a/k/a N. LEE STAMM and ANNE L. ZIKONUS, a/k/a ANNE L. STAMM, his wife, of 51 Heiser's Lane, Carlisle, Cumberland County, Pennsylvania, hereinafter called "Lessee". WHEREAS, Lessor desires to lease to Lessee, and Lessee desires to lease from Lessor the dwelling house located on the premises situate at 53 Heiser's Lane, South Middleton Township, Cumberland County, Pennsylvania. NOW THEREFORE, in consideration for the mutual covenants and conditions as hereinafter set forth, and with the preamble being incorporated herein by reference, it is hereby mutually agreed as follows: 1. PREMISES. The Lessor, in consideration of the rents and covenants hereinafter mentioned, does demise and lease unto the said Lessee to be used as a principal residence, the dwelling house and area surrounding the house, on the premises situate at 53 Heiser's Lane, South Middleton Township, Cumberland County, Pennsylvania. 2. USE. The leased premises is a dwelling house and will be used for as the residence of Lessee. 3. TERM[. This Lease shall begin on April 1, 2003, and will continue on a month-to- month basis for a two year term subject, however, to the provisions contained in paragraph 6. 4. RENT. For a period of twelve (12) months, Lessee agrees to pay to Lessor as rent for the use and occupancy of the said premises the sum of Four Hundred Dollars ($400.00) in Fadlib it "B" advance at the residence of the Lessor, with the first payment being due on or before the beginning of the term of this Lease, and the remaining payments being due on the 1 st day of each subsequent month thereafter (the "due" date). Beginning April 1, 2004, rent shall increase 5% for a total of Four Hundred Twenty Dollars ($420.00) until the end of the lease term under the same terms of payment as described in this paragraph. 5. LATE CltARGE. A late charge of $60.00 shall be added to the rent for each month that the rent is not paid more than five days after the due date. 6. TERMINATION. Lessor may terminate this Lease during the lease term by giving Lessee a 60 day notice after Lessor has entered into a contract to sell the premises to a third party. 7. SECURITY DEPOSIT. A security deposit of $400.00 shall be paid to Lessor on the signing of this Lease which security deposit shall be held until the Lessee vacates the premises. If there is any unpaid rent or damage at that time, the security deposit shall be applied toward such unpaid rent and damages, and any balance shall be refunded to Lessee. 8. MAINTENANCE OF PREMISES. The said premises are to be kept and maintained in as good repair and condition as at present, and at the expiration of this Lease, the leased premises are to be surrender in like repair and condition, natural wear and damages happening by fire, storm or other casualties only excepted. 9. REMOVAL OF REFUSE. The premises are to be kept in a clean and sanitary condition and all garbage which may accumulate thereon during the term is to be removed, and in case of failure of Lessee to remove the same, the Lessor may pay for such removal and collect from Lessee the costs of the same. -2- 10. UTILITIES. All utilities or other service used by Lessee shall be paid for by Lessee. If Lessee would fail to pay such utilities, then Lessor may pay the same and collect from Lessee the costs of the same. ll. SUBLEASING AND ASSIGNMENT. The Lessee shall not sublease any portion of the leased premises nor assign any interest created herein except with the prior written consent of Lessor. 12. NUISANCE. No nuisance or unlawful acts or business may be carried on upon the leased premises at any time. 13. YARD. Lessee shall maintain the yard by keeping the grass mowed and the leaves raked. 14. ALTERATIONS. Lessee shall not make any alterations or additions to the leased premises without prior written consent of Lessor. 15. INSURANCE. The Lessor shall maintain fire insurance on the buildings and such personal property owned by Lessor which is on the leased premises, and Lessee shall maintain fire insurance on the personal property of Lessee on the leased premises. Nothing shall be done upon the leased premises contrary to the conditions of the policies of insurance upon the building or buildings thereon whereby the hazard may be increased or the insurance invalidated. 16. ACCESS TO PREMISES BY LESSOR. The Lessor expressly reserves the right for Lessor or a representative or agent of Lessor to enter upon the premises at reasonable times for the purpose of making necessary inspection, repairs or to show the same to prospective purchasers or lessees, and may display "for rent" or "for sale" signs thereon. -3- 17. LIABILITY OF LESSOR. The Lessee relieves the Lessor from all liability by reason of any damage to any person or property in or on the leased premises except as caused by the intentional acts of Lessor, or Lessor's agents, servants or employees. 18. SURRENDER OF POSSESSION. Lessee hereby waives the usual notice to quit and agrees to surrender said premises at the expiration of the term of this Lease or any extension thereof without any notice whatsoever. 19. KEYS. When Lessee vacates the leased premises, the Lessee shall return all keys to Lessor. If Lessee should fail to do so, Lessee shall pay to Lessor an additional charge of $100.00, which may be collected as rent or other items due Lessor. 20. REMEDIES FOR DEFAULT. If Lessee fails to pay rent, or any other sum, to Landlord when due, or defaults in any other provisions of this lease, Lessor in addition to all other remedies provided by law, may: (a) Terminate this lease; (b) Retain the entire amount of the security deposit; (c) Bring an action to recover possession of the premises; (d) Bring an action to recover the whole balance of the rent and other charges due under this Lease, of whatever kind and nature, together with any and all consequential damages caused by Lessee's default, including reasonable attorney's fees and court costs. 21. NON WAIVER OF RIGHTS. Acceptance by the Lessor of any of the said rent at any time after the same shall become due, after default has been made in the payment thereof, or any failure to enforce any of the rights herein reserved to the Lessor or any of the penalties, forfeitures or conditions therein contained, shall not in any manner be considered a waiver of the right to enforce the same at any time without any notice whatsoever, and any attempt to collect the -4- rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all of the rights of the Lessor, and all forfeitures, penalties and conditions may be enforced together or successively at the option of the Lessor. 22. AMENDMENT. It is further agreed that the terms and conditions of this Lease Agreement shall in no way be changed or altered except by a writing signed by all parties hereto. 23. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators and assigns. IN WITNESS WItEREOF, the parties aforesaid have hereunto set their hands and seals the day and year first above written. Witness: Mid Per, Bank By: ~/1.,,~ ~ · fi~ Lee Stamm - Lessee Lessor (SEAL) N. Lee Stamm - Lessee Anne L. Stamm - Lessee (SEAL) ~SEAL) iSEAL) -5- SALES AGREEMENT ,Seller 67 Seller will obtain Jot Settlement ~y ~fl ~ ~ '' ~ ~ c~s ~U~ by; m~ laws o( mis ~nt~wealm~ ~f any muni~pal su~ivision. 68. nuy~ ~hib it "~" 135. 138. By: 140¸ ADDENDUM TO SALES AGREEMENT This addendum is made Ibis 21 _ day of April, 2003 belween Mid Penn Bank ("Seller") and Rex D. Manweiler and David McGnwan and/or assigns ("Buyer"). RECITALS A. Buyers and Sellers entered into a Sales Agreement dated t~/~. ? 2003 ("Agreement') by which Seller agreed to sell and Buyer agreed to purchase all that certain rea~ estate and improvcmeats erected thereon situate at 53 Heisers Lane, South Middleton Township, Cumberland County, Pennsylvania CProperty'). B. The parties hereto desire to amend the Agreement as set forth herein. NOW THEREFORE, in consideration of lhe above recitals which are incorporated herein as an integral part hereof, and Ihe parties, intending to be legally bound, hereby affirm and agree as follows: I. Anything to the contrary set forlh in paragraphs 4 and 8 of the Agreement not withstanding Ihe conveyance of lhe properlb, to Buyer shall be free and clear of all Leases and any and all tenants currently on the property shall have vacated the property prior to closing nnless Buyers inform Seller of their Intention to continue the lenancy with any such lenanl(s) under lerms and conditions satisfactory to the Buyers and thc tenalll(s) execnte(s) a Lense Agreement for the continued tenancy with the Buyers in form and conlent acceplable to the Buyers and the Buyer's attorneys. 2. Anything to the contrary set forth in paragraph II of the Agreement not wilhstanding, Buyer's obligations under the Agreement are specifically contingent upon Buyer's and Buyer's attorneys' review and approval of tim following: a) The docket, pleadings and any and all notices in conuection wid~ any lax sale nr foreclosure appearing in the chain of title; and b) Any and all conditions, restrictions, rights-of-way, easeroenls visible upon lhe ground or of record and any and all other matters appearing of record. Time is considered to be of the essence in all respects with regards to the Agreemen~ and dds Addendum. 4. The Ag~emenl and this Addendum conslitute the entire Agreement belween Ihe parties m~d it shall nol be amended or modified except in a writing signed by all of the perlles hereto. 5. All remaining terms and conditions set forth in the Agreement shah remain in full force and effect except as specifically modified herein. IN WITNESS WHEREOF, the parties hereto have set lheir hands and seals the date first above menlioned. DAVID McGOWAN ~ SELLER: MID PENN BANK Title: Vl~-~ Exhibit A F~ib tt "D" *Richard P, Mislitsky Law Office cf Richard P. Mislitsky One West High Street P.O, Box 1290 Carlisle, pennsylvania 17013 Telephone (7 } 7) 241-6363 F~x (717) 249-7073 May 9, 2003 VIA FACSIMILE Christian Daghir, Esquire Etzweiler and Associates 105 North Front Stree~ Harrisburg, PA 17101 Re: Stamm's Dear Attorney Daghir: Please be advised that a~er discussing this with my cliems, I am informing you that you need to take appropriate action to have the present tenants vacate the property. P1Jl'$[!a~t to the Agreement, my clients expect the tenants to have vacated prior to closing. We do not believe that this should delay settlement. Pie&se aeka~owledge receipt of this correspondence. Offices ia: Carlisle Chambersbur$ York Sincerely, R.PM/dls Richard P. Mislitsky *Certified as a Civil Trial Advocate by the National Board of Trial Advocacy A Pennsylvania Supreme Court Accredited Agency SECOND ADDENDUM TO SALES AGREEMENT This Second Addendum is made this / 7 r'~day of 0-&'~ ,2003, between MID PENN BANK ("Seller") and REX D. MANWEILER AND DAVID MCGOWAN and/or assigns ("Buyer"). A. Buyers and Seller entered into a Sales Agreement dated April 7, 2003, (Agreement) by which Seller agreed to sell and Buyers agreed to purchase all that certain real estate and improvements erected ~thereon situate at 51-53 Heiser's Lane, South Middletown Township, Cumberland County, Pennsylvania ("Property"). B. Buyers and Seller entered into an Addendum to Sales Agreement dated April 21, 2003, ("First Addendum") by which Buyers and Seller agreed to amend the Agreement as set forth therein which provided, inter alia, that the conveyance of the property to Buyers is to be free and clear of all leases and any and all tenants currently on the property shall have vacated the property prior to closing unless Buyers inform Seller of their intention to continue the tenancy with such tenant(s) under terms and conditions satisfactory to the Buyers and the tenants execute(s) a lease agreement for the continued tenancy with the Buyers in form and content acceptable to the Buyers and the Buyers' attorneys. C. By correspondence dated May 9, 2003, counsel for the Buyers, Richard P. Mislitsky, Esquire notified the attorney for Seller, Christian S. Daghir, Esquire, that Seller was required to "take appropriate action to have the present tenants vacate the property" and that the buyers "expect the tenants to have vacated [the premises] prior to closing., property. On or about May 12, 2003, Sellers notified the present tenants to vacate the E. The parties hereto desire to further amend the Agreement as set forth herein. NOW THEREFORE, in consideration of the above recitals which are incorporated herein as an integral part hereof, and the parties, intending to be legally bound, hereby affirm and agree as follows: I. Seller agrees to take all necessary steps to evict and eject the current tenants from the Property in a timely manner. 2. If despite Seller's reasonable and timely efforts, the present tenants are not evicted and ejected by the property, Buyers agree to extend settlement for a reasonable period of time to allow Seller to commence or conclude legal proceedings against the present tenants to eject them from the Property. i~-~rh tbit 3. The Agreement, the First Addendum and the Second Addendum constitute the entire Agreement between the parties and it shall not be amended or modified except in a writing signed by all the parties hereto. 4. All remaining terms and conditions set forth in the Agreement and the First Addendum shall remain in full force and effect except as specifically modified herein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above set £orth. Wl NESS: David McG'owan (SEAL) SELLER MID PENiN BANK BY: C('/~~~ (SEAL) TITLE: Earl Richard Etzweilcr Christian S. Daghir ETZWEILER AND ASSOCIATES ATTORNEYS-AT-LAW 105 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 234-5600 HALIFAX LiNE (717) 896-3737 Fax Line: (717) 234-5610 May 12, 2003 2 West Main Street Elizabethville, PA 17023 (7 l 7) 362-8395 225 Market Street Millersburg, PA 17061 (717) 692-2519 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Deborah A. Hughes, Esquire 2080 Linglestown Road Suite 106 P.O. Box 961 Harrisburg, PA 17108 53 Heiser's Lane, Carlisle, Cumberland County, PA Termination of House Lease Agreement Lee Stamm, a/k/a N. Lee Stamm and Anne L. Zikonus, a/k/a Anne L. Stamm Dear Ms. Hughes: Please be advised, pursuant to paragraph 6 of the House Lease Agreement between Mid Penn Bank and the above-captioned parties, you are hereby notified that the lease of the above-referenced premises is terminated. Your clients have 60 days from the date of this notice to vacate the subject premises. An Agreement of Sale and Addendum was entered into by Mid Penn Bank effective April 7, 2003, and April 21, 2003 respectively. If you have any questions, kindly contact our office. Vew truly yours, Christian S. Daghir CSD:db Exhibit "$" · Complete items 1, 2, and 3. Also complete item 4 if'Res'a'icted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. · Deborah A. Hughes, Esquire 2080 Linglestown Road Suit? 106 P.O. Box 961 Harrisburg, PA 17108 PS Form 3811, August 2001 B. Received by fprm~a~ Na~.~J ~ C. Date of Detivem/ D. Is delivery address different from item 17 [] Yes If YES, enter dativeS' address below: [] No 3, Service Type [] Certified Mail [] Express Mait [] Registered ~.Return Receipt for Merchandise [] Insured Malt [] C.O.D. 4. Restricted DelivetT? (Ex/fa Fee) [] Yes 7001 0320 0002 6574 4762 Domestic Return Receipt Rd., Suite 106~ Earl Richard Etzweiler Christian S. Daghir ETZWEILER AND ASSOCIATES ATTORNEYS-AT-LAW 105 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 234-5600 HALIFAX LINE (717) 896-3737 Fax Line: (717) 234-5610 May12,2003 2 West Main Street Elizabethville, PA 17023 (717) 362-8395 225 Market Street Millersburg, PA 17061 (717) 692-2519 Mr. and Mrs. Lee Stamm 53 Heiser's Lane Carlisle, PA 17013 Served Via Hand-Deliver~ 53 Heiser's Lane, Carlisle, Cumberland County, PA Termination of House Lease Agreement Lee Stature, aik/a N. Lee Stamm and Anne L. Zikonus, aJk/a Anne L. Stamm Dear Mr. and Mrs. Stamm: Please be advised, pursuant to paragraph 6 of the House Lease Agreement between Mid Penn Bank and the above-captioned parties, you are hereby notified that the lease of the above-referenced premises is terminated. You have 60 days from the date of this notice to vacate the subject premises. An Agreement of Sale and Addendum was entered into by Mid Penn Bank effective April 7, 2003, and April 21, 2003 respectively. If you have any questions, kindly contact our office. Very truly yours, CSD:db Christian S. Daghir Affidavit of Process Server )NAME OF COURT) PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT CASE I declare I hat I am a ct),zen of the U oiled States, over the age ot eighleen and not a part,/to this action. And that within the bou ndaries ol lhe stale where service was effected. I was aulhorized by law tp perform said service. Service: ,served /J/J J~ ~ ~1_ ~.~: .~ ~,~ ~,1 ~1,1 W,th the (documents) NAME OF PERSON/ENTITY BEING SERVED by serving RELATIONSHIP D Business DATE TIME Thereafter copies of Ihe documents were mailed by prepaid, first class mail on from DATE CITY STATE Manner of Service: c] By personally delivering copies to the person/authorized agent of entity being served. chargeD)hereof.BY eaving, during office houm. copies al the office of the person/enlity being served, leaving same with the person apparenlly in .: O By leaving copras al )he dwel)ing house or usual place of abode of )he person being served, with a member of Ihe household t 8 or older and explaining Ihe genera) nature of the papers. ~J~By posting copies in a conspicuous manner to Ihe address of the person/entity being served. Non-S ervice: After due search, careful inquiry and diligenl attempts at the address(es) lisled above. I have been unable Io effect pr(~cess upon Ihe person/entity being served because ot the following reason(s): El Evading E] Sen, Ice Cancelled by Litigant Service was attempted on: ( ) Moved. Left na For'warding Unable lo Sen, e In a Timely Fashion .( ) DATE TIME O Unknown at Address ~ Address ODes Nol Exist Service Attempts: Other: DATE TIME ()-- () .() DATE TIME DATE TIME Description. Age: Sex: Race: Hgt: Wgt; Hair: Glasses: I declare u:d~er penalty of perjury that, the informatio~i'lcootaioed herein isJ,,ue and correct and this affidav)t was execuled ,ubscrib~ and sworn before me. a nota~ ~ic. this /~ day of ~/ ~3 WITNESS MY HAND AND OFFICIAL SEAL TO FORM J CHARLES A. HARBOI..B, Nota~/Pt/z~ J ~^T,n~* ..................... 'j CC.;;..~. I I'll Bom, Cumbedald County J - J My Gomm~lon E~ De~, 30, ~ J July 1, 2OO3 Christian S. Daghir. Esquire 105 North Front Street Harrisburg, Ps. 17101 Re: Stamm's Property 51-53 Heiser's Lane Dear Mr. Daghir We have been in receipt of a number of pieces of correspondence from your office and the office of the attorney representing the tenant in the eviction action regarding the above-mentioned property. While we realize the eviction process may require several months to complete successfully. We have a concern over the continued deteriation of the asset building structures on the property in need of extensive repairs now. The Tennant's attorney wanting a lease ex~nsion until the end of December 2003 heightens this concern. We believe we need to provide you our definition of a reasonable period of time as stated in the second A&lendum to the Sales Agreement. Our original Sales ag~ement is dated April 7, 2003 and your eviction notice to the Tenmmt's is dated May 12, 2003. We believe 180 days from May 12, 2003 is a reasonable period of time. If, we cannot settle within that time, we would need to re-evaluate the original offer based on the additional depreciated loss in value of the building assets not receiving badly needed renovations. We know the current tenant has dismantled certain material assets that were attached to the physical property and sold them to Antique/Flea Market dealers. We have concerns regarding any further dismantling of property assets in ground or attached to any structure on the property. We sincerely hope your client is successful in the eviction process as we are ready to inspect and settle immediately following eviction. If you have any questions, please feel free to contact us. cc- Duff Manweiler Bill Gladstone R. Mislitsky, Esquire (File) Yours Trulv_ David L. McGowan ~ R~hibit n~. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: MID PENN BANK By ~r~/~&~-~ Eric Williams MID PENN BANK, Plaintiff Vs. LEE STAMM a/k/a N. LEE STAMM and ANNE L. ZIKONUS, a/k/a ANN L. STAMM, Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION- LAW CERTIFICATE OF SERVICE AND NOW, this .~ f~ day of ~/9~' ~ , 2003, I, Christian S. Daghir, Esquire, of the Law Offices of ETZWEILER & ASSOCIATES, Attorneys for Mid Penn Bank, Plaintiff, hereby certify that I served a copy of the Complaint in the above-captioned matter upon Karl E. Rominger, Esquire, of 155 South Hanover Street, Carlisle, PA 17013, Attorney for Defendants, Lee Stamm a/k/a N. Lee Stamm and Anne L. Zikonus, a/k/a Ann L. Stamm, this day by depositing the same in the United States Mail, postage prepaid, in the post office at Harrisburg, Pennsylvania. ETZWEILER & ASSOCIATES By Chr~t~: l~agh~i~, Suprem~ Ct. I.D. N 4o~741 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 MID PENN BANK, Plaintiff Vs. LEE STAMM a/k/a N. LEE STAMM and ANNE L. ZIKONUS, a/k/a ANN L. STAMM, Defendants IN THE COURT OF COMMON PLEAS iCUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4022 CIVIL ACTION - LAW NOTICE OF INTENT TO ENTER JUDGMENT TO: Lee Stamm, a/k/a N. Lee Stamm, and Anne L. Zikonus, a/k/a Ann L. Stamm DATE OF NOTICE: October 17, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOU DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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: COURT ADMINISTRATOR Third Floor Cumberland Coumy Courthouse Carlisle, PA 17013 (717) 240-6200 ETZWEILER AND ASSOCIATES By: Christian S. Dagi~r~} 105 North Front'Street Harrisburg, PA 17101 (717) 234-5600 A: Lee Stamm, a/k/a N. Lee Stamm, and Anne L. Zikonus, a/k/a Ann L. Stamm (Defendidos) FECHA DEL AVISO: Octobre 17, 2003 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENT RO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. CENTRAL PENNSYLVANIA LEGAL SERVICES 213-A North Front Street Harrisburg, PA 17101 1-800-932-0356 ETZWEILER AND ASSOCIATES Christian?;~afgh)r, Esquire 105 Norm vront Street Harrisburg, PA 17101 (717) 234-5600 MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA LEE STAMM a/k/a N. LEE STAMM: and ANNE L. ZIKONUS, a/k/a ANN L. STAMM : Defendants : NO. 03-4022 CIVIL ACTION - LAW ANSWER TO COMPLAINT AND NOW, comes Defendants by and through their counsel, Karl E. Rominger, Esquire, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. By way of further answer, said Notices were defective and Defendants were not given actual Notice of a S~des Agreement until the time of the District Justice hearing in this matter. 12. Admitted. WHEREFORE, Defendant requests the Court to enter judgment in favor of Defendant and against Plaintiffs. 13. Previous paragraphs are incorporated by reference. 14. Admitted in part, butit is denied specifically that defendants have harmed or are harming the property in any way. 15. Is a conclusion of law and requires no answer. By way of further answer, defendants deny causing any damage to the premise. 16. Denied. 17. Denied. Defendants are not acting without justification or in any way for the purpose of inducing or causing buyers not to per[orm on their agreement. 18. (a). Denied. By way of further answer, the proper Notice to Quit was not given. (b). Denied. Strict proof of the same is demanded at trial. (c). Denied. Strict proof of the same is demanded at trial. 19. Denied. By way of further answer, the Sales Agreement gives seller ample time to work through legal proceedings as to the tenants and as such the Sales Agreement is not in jeopardy. WHEREFORE, Defendants demands judgment against Plaintiff. NEW MATTER 20. Previous paragraphs are incorporated by reference. 21. At the time of the inception of the Lease, it is believed that defendants would be able to continue to reside at the location through 2003. 22. At the time of the inception of the Lease, the Bank failed to disclose that it was already negotiating a Sales Agreement. 23. At the time of the signing of the Lease, the Stamms were willing to pay more money than the buyers who ultimately signed the Sales Agreement. 24. The Stamms were fraudulently induced in signing the Lease as they were given the mistaken impression that the Bank had no active buyers, and was not currently negotiating any Sales Agreements. 25. The Stamms relied upon this proposition to begin construction on a new location to move into, and that new location will soon be complete. 26. The Lease if found to be an enforceable contract, should be rejected as unconscionable, insomuchas the Bank used its' bargaining position and the threat of leaving the Stamms homeless to negotiate the termination clause. 27. The termination clause shocks the conscious and should be voided as a matter of law. WHEREFORE, Defendants respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiff. Respectfully submitted, ROMINGER & BAYLEY Karl I~;. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants MID PENN BANK, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 03-4022 : CIVIL ACTION - LAW : LEE STAMM a/k/a N. LEE STAMM: and ANNE L. ZIKONUS, aik/a ANN L. STAMM : Defendants : CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants do hereby certify that I this day served a copy of the Answer to Complaint upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Christian S. Draghir, Esquire 105 N. Front Street Harrisburg, PA 17101 Dated: Jt~/~.~/~ ~ Karl E. Rominger, Esquire Attorney for Defendants MID PENN BANK, Plaintiff LEE STAMM a/k/a N. LEE STAMM and ANNE L. ZIKONUS, a/k/a ANN L. STAMM, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03.-4022 CIVIL ACTION - LAW ANSWER TO NEW MATTER AND NOW, comes Plaintiff, Mid Penn Bank, by and through its counsel, Etzweiler and Associates, and files the following response to Defendant's New Matter: 20. Paragraph 20 contains no averments of fact to which a responsive pleading is required. 21. It is specifically denied that there was any discussion between the Defendants and the Plaintiff or the attorney for the Defendants and the attorney for the Plaintiff about the allegation that Defendants would be able to continue to reside at Plaintiff's property located at 53 Heiser's Lane, South Middleton Township, Cumberland County, Pennsylvania, (hereinafter referred to as the "subject premises"), until the end of 2003. By way of further answer, the former attorney for the Defendants, Debra A. Hughes, Esquire, required that the House Lease Agreement entered into by the parties permit the Stamms to reside on the property for 60 days after notice from Mid Penn Bank of an agreement of sale of the subject premises. By way of further answer, the Defendants and Mrs. Hughes were aware that the property had been hsted with Bill Gladstone at Commercial Industrial Realty before the execution of the House Lease Agreement with Mid Penn Bank. Defendants had a listing agreement with Commercial Industrial Realty to market the Subject Premises prior to Mid Penn Bank receiwa~g title through the SheriffSale. Under the House Lease Agreement Mid Penn Bank could enter into an Agreement of Sale to sell the subject property at any time and Defendants were: required to vacate the premises within sixty (60) days after receipt of Notice fxom Mid Penn Bank of an agreement of sale of the subject premises. 22. Denied. It is specifically denied that Plainfifffailed to disclose that it was negotiating a sales agreement. By way of further answer, on July 2, 2003, Mrs. Stamm's Bar-BQ, Inc., through the Defendants, executed a Sales Agreement for the subject premises with Edward E. Guido and Sandy Guido and Harry W. and Betsy Morret, (hereinafter referred to as the "Buyers"). Debra A. Hughes, Esquire, was the attorney for the Stamms at this time. After Plaintiff commenced the proceedings tc~ foreclose on the property, the Sales Agreement was unilaterally rescinded by the Buyers. At the time the House Lease Agreement was negotiated between the Defendants, Mid Penn Bank, the counsel for the Defendants, Debra A. Hughes, and the undersigned counsel for Mid Penn Bank, there were no prospective purchasers for the subject property, and therefore, no new negotiations for the sale of the property occurred at that time. 23. Denied. After reasonable investigation, Plaintiff lacks knowledge or information sufficient to form a belief as to the troth of the aw:rments contained in paragraph 23, and proof thereof, if relevant, is demanded at trial. By way of further answer, Mr. and Mrs. Stamm made an offer to re-purchase the subject premises from Mid Penn Bank on the condition that Mid Penn Bank finance the repurchase which Mid Penn Bank, under the circumstances, was unwilling to do. Mr. or Mrs. Stamm did not offer to pay cash to Mid Penn Bank for the subject premises in an amount equal or greater than the amount Mid Penn Bank agreed to sell the subject premises for pursuant to the Agreement of Sale. 24. The averments contained in paragraph 24 of the New Matter are conclusions of law to which no responsive pleading is required. If a response is deemed necessary, then the averments contained in paragraph 24 are specifically denied. 25. Denied. After reasonable investigation, Iv[id Penn Bank lacks knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 25, and proof thereof, if relevant, is demanded at trial. 26. The averments contained in paragraph 26 are specifically denied. Defendants' Attorney, Debra A. Hughes, negotiated the terms of the Lease Agreement on behalf of Mr. and Mrs. Stamm, the terms of which were ultimately agreed to by Mid Penn Bank through the undersigned counsel. 27. The averments contained in paragraph 27 axe conclusions of law to which a responsive pleading is not required. If any response is deemed necessary, the averments contained in paragraph 27 are specifically denied. Therefore, Plaintiff respectfully requests this Honorable Court to enter judgment in PlaintifFs favor and against Defendant and such other relief as is appropriate under the circumstances. ETZWEILER & ASSOCIATES ' Chnsfiar~. Daghir~J~squire Supreme Ct. I.D. No.47741 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 I verify that the statements made in this Answer to New matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unsworn falsification to authorities. Dated: MID PENN BANK Eric Williams MID PENN BANK, Plaintiff Vs. LEE STAMM a/k/a N. LEE STAMM and ANNE L. ZIKONUS, a/k/a ANN L. STAMM, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4022 CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this /~ day of~~_______, 2003, I, Christian S. Daghir, Esquire, of the Law Offices of ETZWEILER & ASSOCIATES, Attorneys for Mid Penn Bank, Plaintiff, hereby certify that I served a copy of the Answer to New Matter in the above-captioned matter upon Karl E. Rominger, Esquire, of 155 South Hanover Street, Carlisle, PA 17013, Attorney for Defendants, Lee Stamm a/k/a N. Lee Stamm and Anne L. Zikonus, a/k/a Ann L. Stamm, this day by depositing the same in the United States Mail, postage prepaid, in the post office at Harrisburg, Pennsylvania. ETZWEILER & ASSOCIATES 'stian S. Daghir, F:gquire Supreme Ct. I.D. No.47741 105 North Front Street Harrisburg, PA 17101 (717) 234-5600