HomeMy WebLinkAbout03-6344UNITED DATA SERVICES, INC.
Plaintiff
PAUL RESSLER and
BARBARA RESSLER
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL DIVISION - LAW
NOTICE TO DEFEND
YOU HAVE BEEN SUED 1N 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 filing in writing with the Court your defenses or objections to the claims set froth against you. You
are warned that if you fail to do so the case may proceed without you and aj udgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
UNITED DATA SERVICES, 1NC.
Plaintiff
PAUL RESSLER and
BARBARA RESSLER
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
COMPLAINT
The Plaintiff, UNITED DATA SERVICES, INC. by its attorneys, KNUPP, KODAK & IMBLUM, P.C.,
brings this action of Assumpsit against the Defendants to recover the sum of NINETEEN THOUSAND, THREE
HUNDRED TWENTY-FOUR DOLLARS AND FORTY-FIVE CENTS ($19,324.45) together with interest thereon
from September 10, 2003, upon a cause of action of which the following is a statement:
1. The Plaintiff, UNITED DATA SERVICES, INC., is a corporation organized and existing under the
laws of the State of Nebraska, having its principal office and place of business at 532 Willow Lake Court, Lake
Mary, Florida 32746.
2. The Defendants, PAUL RESSLER and BARBARA RESSLER are adult individuals residing at 202
Georgetown Road, Mechanicsburg, Cumberland County, Pennsylvania 17050-1821.
3. On or about August 8, 2000, Defendants did enter into a Lease Agreement With Option to Purchase
for property located at 12034 Florida Woods, Orlando, Florida 32824. A true and correct copy of said Lease
Agreement is attached hereto, marked as Exhibit "A" and made a part hereof.
F:\USER\STACY\CCP COM PLAINTS\WORK\29869LEAS E.wpd: 17Nov03 2
4. The Defendants defaulted on the obligation to make payments, and refused to honor the remaining
lease payments.
5. The balance due and owing by Defendants to Plaintiff for loss of rent under the Lease Agreement
is the sum of Five Thousand, Four Hundred Fifty Dollars and Zero Cents ($5,450.00) as per Plaintiffs Payee Rent
Report attached hereto, marked Exhibit "B" and made a part hereof.
6. The balance due and owing by Defendants to Plaintiff for expenses including, but not limited to,
cleaning, la~vn care, repairs and utilities is the sum ofTen Thousand, Six Hundred Fifty-Three Dollars and Seventy-
One Cents ($10,653.71 ) as per Plaintiff s Job/Project Report attached hereto, marked Exhibit "C" and made a part
hereof.
7. Plaintiffs Invoices for said expenses are not attached to this pleading due to the voluminous nature
of same. Said Invoices will be made available to Defendants or Defendants' Counsel for inspection and copying
in Plaintiffs attorney's office upon written request by Defendants or Defendants' Counsel to Plaintiffs Counsel.
8. Due to the default of Defendants, and pursuant to the terms and conditions of the Lease Agreement,
executed by Defendants, attorney's fees in the total amount of Three Thousand, Two Hundred Twenty Dollars and
Seventy-Four Cents ($3,220.74) have been added to said account.
9. Plaintiff frequently demanded payment from Defendants of said amount due and owing as aforesaid,
but Defendants refused and neglected and still refuse and neglect to pay said amount of any part thereof.
F:\[ JSf~R\STACY\CCP ('OM PLAINTS\WORK\29869LEASE,wpd: 17Nov03 3
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of NINETEEN THOUSAND,
THREE HUNDRED TWENTY-FOUR DOLLARS AND FORTY-FIVE CENTS ($19,324.45 ) together with interest
thereon from September 10, 2003.
Respectfully submitted,
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER~STACY\CC[' COMPLAINTS\WORK\29869LEASE.wpd: 17Nov03
Sep 11 03 02:14p Tom & Rlioe Rust~.'~ ~07 833 8597
LEASF. AGlq.EEMENT
WITH OPTION TO PURCHASE
rcfcn, cd to as -L~see. (whcther one or n[~ ~ - ~,~ ~ ~,~ :
NOW THEREFORE, in consideration of thc nmmal covemints an, t promises herein set forth, thc pamus agre,~ a.~ £ollows;
LEASE OF PRE. MISES AND CEIAri'r. LS. Lessor he -v, by leases to ~ss~ and ~s~e h~by I~ lmm ~r on fig
tc~s ~ con~om set fo~ h~in t~ follo~ng~r ~d ~1 ~o~v togcthcr ~ ~o m~mvcmcn~ ~crcon:
~[ando. FL ~24
In ackhtiol~. Lessor hereby leases to Los.see and Lessee hi r~'by leases from L~ssur on the terms and condilions set forth h~rcin
conair gOOdS and chattels d~tailcd in thc inx'gntory desigr~ated Schedule "A" at~ached hereto aigt incorporated hcr~in by this
TERM. The term of this l.,cas,' shall Ix: for a parted of ~sj~..xtv (60) month(s) cormncncing on ,e. ct}tember 1.~.2000, unless
terminated earlier pursuant to this Agreement.
RENT AND LATE CHARGES. Lesser agrees to pay, v,ithout demamt, to Lessor as rcm for thc demised premises m~d such
goods and clmRul$ detailed in Schedule "A', or any ax~c qclment thereof, thc sum of One T.hou.san~l_Three Hunclred Do.l~a~
($1,300.00) lagr month th advaacc of thc I st day of each ¢ Mn'dar month begismlng _$c'l~mbcr 1.2(100. Said amount shall be
Imid by Funcls Transfer to such bank as Lessor may ~', iI irate, on or Ix~forc tl~e 1,'~'day of thc month when duc, IN ~
EVENT A MONTHLY LEA$E PAY1MENT IS DUE ~'~ORE THE FUNDS TRANSFER IS SBT UP WITH YOUR
BANK, ALL PAYMENTS SHALL BE PAID BY t. ZR'~IFIED CHECK. CASHIER'S CHECK. OR MONEY ORDER.
LESSEE SHALL BE ASSESSED A LATE CHAROE C;~ FIFTY AN.D NO/100 DOLLARS_($50,00) IN TI-ne EVENT
'~{AT SAID REN'rAL PAYMEINT IS NOT Tw_.I'~E!:EO TO LESSOR ON OR BEFORE THE 1ST DAY OF TI-ne
MOb¥['H WHEN DUE,
PHYSICAL POSSESSION. Lf Lessur is unable to delJx ~.r pas. sc~sion of the premises at thc comnteneemcnt i',,.,,~.,£. Lessor
shall not bo liable for any damag~ caused thereby, nor sa ;1] tiffs agr~mcnt bo void or voidable, but Lessee shall not bo liable
for any rent until possession is deliverr.,d, I.,cssec may t~; alinato tiffs Agreement if possession is not deliwred within 30 days
o f the commencemcm of the term hereof.
QUIET ENJOYMENT, Lessor covenants that on pay,~ g .a~g rent and performing ti~o coven.ams herein ¢onhained, Lo.ssec
shall pcaeefully and quiglly have, hold, and ~njoy the der iscd i~,~.,~,ises for the agrecd term,
USE OF GOODS AND CHATTELS. Lcs.,;cc ¢ovenao '; that Lesser will carefully and eaonomically usc the, goods and
chattels detailed in Schedule "A", as such schedule currc! Jy ,~xists andes such may. be amended from time to time by written
a~eement between Lessor and Le~f~, ~ I.~ssee fu.M' ~ 0ovcnants that l.~s~c will :lot tr,ansl'er the mc or i:osscss~on of
such goods ~d chaRcls, or ,any part of thc same, to ~.~ : ~rson or pe~on.s whomsoever, without thc written consent of
Lessor; that Lessee witl forthwith r~aair all injury and I-' ( al damages that may happen or aeeruc to such goods and cb. attcls,
or any pa~ thercol', ~urUtg tile term of this L,ca~; that 1 ~,,~s~c will not remove or allow any of such goods and clmttels to bo
removed from the demi~;t pl~mises to any other l~laee ( ~'laaval from danger by fire exccpted), without the writtcn consent
of Lessor: that Lessee will not cncombor or allow any li :,cs '~o be attached to such goods aitr. l cltatt¢ls; and that Lessee will at
thc expiration et sooner ternUnation of this I.,case sutton< x thc goods and challcls detailed in Schedule "A' or any amended
sch¢c[ulc to L,¢ssur or l..cssor's agent in as good state a~d o~Mition as when thc same are received subject to the provisions of
l~raiga ph 4 above.
USE OF PREMISES. 'risc demigM premises .shall bo ;~ ed aim oceapied by Lessee exclusively as a pnvate single family
· cs~denco, m~l neither the premises nor any 9art thereof s a!~ bc used at any time during the term of this Lease by Lessee for
thc purpose of carrying on any business, profession, or t adc of any kind, or for any purpose othex than as a private single
family resiclencc, I.,t~'~' sltall comply with all Lbo eanilzry laws, orclinanccs, talus, and orders of appropriate governmental
authorities affecting the cleanliness, occupancy, and pre SeFvation of the demised premises, and thc sidewalks connected
hereto, during the team of thc Lease.
Sep 11 03 02: 14p Tom & Rlice ~u~ 407 833 8597 p.3
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CONDITION OF PREMISES. ]..csscc siipula~s that Lessee has c.xamincd thc dcmisext premises, including thc tgounds and
all buildings and hnptovcmcats, and dml they arc, at thc tintc of this Lease. in good ordor, repmr, and a .sm'c, cl~.m, and
touamablc condition, Thc Lcssec 'has 'also examined thc gonds and ch',~lcls dcUtiled in Schedule ~A" a~l such/toms are in
6'ood order, ~l~m~'. ~d a safc and clean condition.
A$SIGNMBNT AND SUBL£'¥fIIqG. Lcssur may a.-.silln its intcrcst m this A~ccmcnt at any timc without thc conscnt of
tho Lessee. Lca.v,~ shaU not assign this Lease, or suble' or gram any concession or license to usC thc prcmlscs or any part
thereof without the prior wriUcu coasant of Loser. A co~xscnt by I,~ssor to one assignmcnk subletting, cenccssion, or license
shall not be dccmcd to be a corc~cnt ~o any subsequent assignmcat, sublcthng, cet~cession, or licenses. Aa assignment,
sublci~.ing, concession, or license without die Prior writtln consent of Lessor. or an ~sil~mc~t or subleuixig by operation of
law. shcll be void and shall, al Lc~or's option, lcrminatcithis Lease.
ALTI~RATIONS AND [MPROVB3VlBNT$. Lcssec shall wake no alterations to thc buildings on thc d~ufised premises or
construct any building or make olhcr improvcmcnts on thc dcraiscd l~'ea~ises withouHhc prior wn ttcn consent of Lessor. All
altcr, stiotts, changes, and improvemcnts bml~, constructed, or placed on thc clcmiscd prcmises by Lessee. with thc cxccption
of fixiurc~ removable withoui damage to thc prentises and movable persomd property, shall, unless otherwise provided by
wnuun agreement betv,'ccn Lessor alut Lcsscc. bc thc properllt of Lessor and remain on thc demised prcmiscs at tho
cxptm~ion or sooner tcmunation of this Lease.
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DAMAGE TO PREMISES. If die dcmiscd premises, or any part thereof, shall be partially damaged by fire or other casualty
no£ due to Lcssec's ncgligcncc or willful act or that of thcir cmploycc, family, agent, or visitor, thc premises shall be
promlXly ~l~aircd by Lessor and there sh,'dl be an abatement of rznt cerrcspunding with thc time during which, and thc cxtont
to which, thc leased prcmisos may have been unlcnanlablc', but, if thc Icascd wcmiscs should be dama~cd other than by
Lcs~ce's ucgligcncc or willful act or that of thcir employee, family, agcnl, or visitor to thc cxtont ~h,~ thc Lessor shall dccidc
itot to rebuild or rcpuir, thc term of this Lcasc shall end alld tl~c rcnt shall bc prorat~i lip to tho tlmc of thc dallla~e.
DANGEROUS MATERIALS. LcssCc shall not keep ~; have on thc lcascd premises any article or tiling of a dangerous.
ixffla~mnablc, or explosive characlcr thai mighl unreasonably increase thc dang, cf of fire on the l~sed Ixcmises or that might
be considered 'hazardous or cxUU hazardous by ;u~, ~spoi}sible insurance compuny.
UTILITIES, Lcsscc shall be responsible for m-rungh~g for and paying for :ill ulility services required on thc promiscs.
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MAINTENAIqCE A.,ND REPAIR. Lessee will. at Lc~cc's solc cx'pense, hccp and mainlai~ thc leased premises ~
appurtcnancc,s in good and sanilary condition and repair during thc term of this Lease and any rCnCwal thereof. In paaicular,
Les. sec shall kccp illc fixtm'cs in thc house or on or about thc leased premises in good order aiui repair: kccp thc furnace
cle. an; keep thc walks frcc from di.,t and debris; maintain thc lawn and otl~or iandseapingl ~ at their sole expense, make all
required repairs to thc plumbing, range, heating al~arams, ,'md clcc~ric and gas fi.xturc~. Lcsscc agrccs that no si/~s shall be
placed or Painting done on or about thc leased prornlsc~ by Lcsscc or at Lessec's dircc'Oan without thc wrincn conscnt of
Lessor.
PETS. Les.sec shall bc pcrnUVicd to keep _2_ p~ ~ or about the leased premises consisting of dg~gr~. In agdition to tha~
amount sci forth above, T_~c~ea shall deposit with Lcss~r ~c sum of Dollars ($.__.~- ), receipt of which is
aclmowlcdgcd by Lessor, as a pet ck'posit and Lessee sha!l be ~csr, onsiblc for uny damage of whatever kind or uamrc
resulting from :my such domcstic m~itoals.
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RIGHT OF INSPECTION. Les~r and Lcasor's agents shall have thc right at .all rcasoeablc tim~ during thc term of dg.s
Lease and any renewal ~hcrcof to cntcr thc dandsed prom!scs for tho purpese of inspecting thc prcmiscs and all building and
inqxovcrncnts thcrcon.
OPTION TO PURCHP~SB. Lessee agrees to l~y lo Lcssor thc nonrcfundablc sum of Four Tho~_ ~and Six Hundred Dollar_
($4.¢,00), in thc lotto of certified clieck, cashier's check, or money order, rccciiR Of which is hon.-by acknowlcdgod, and
I..c~or docs, in turn. g~ant to Lcssee an or, ion to purchase tl~ abovo-dcscfibed real estate, (the "Property') h~cinding all
fixtures and cquipmcm permancntly aU, ached to thc Propcrty consistottt with thc tcrms ~ conditions sct forth hcrcin, Th~
parties hcrcto ~;pccilically understand and ~ [hat, until such time as thc c, lc of ti~c Property is closed, thc relationship of
thc panics heacto is that of Lessor - Lessee. Thc Lcsscc acquires no right, title, or intcrcst in or to the Properly, cithcr legal or
equilable, by virtue of thc terms or conditions scl forth hc~cin.
EXPIRATION OF OPTION. This option shall core'ncc on thc dale of execution, and shall expire thc earlier of (i)
nudaigin of thc day. which is not a Saturday, Sunday Or Holiday not lcss tlmn five (5) full years after the execution of this
Agrcemcnt, or, (il) such timc as this Agrccmcn~ is tcmlim~tcd by agreement of thc pftllics, or by ontcr of u cottrt of comlvpc~'nt
Sep 11 03 02:15p Tom & Rlioe Austin 407 833 8597 p.4 ____
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jurisdiction, or (iii) in thc ~vcut fltat thc Lcsscc abandoz~s,thc Property, or (iv) in thc event that thc Lesscc is in substantial
default of any of thc terms and con~tions SCl forth heroin,
EXERCISE OF OPTION. Witlgn ri~ first year of thc l~, m (the "Option Period"), thc Lossec may only cxcrcis~ this option in
thc event Lesser sells, assigns, otherwisa transfers or at'.¢~olXs to tnu~sfer its interest in tho Property. Within y~.ars two (2)
through live (5) of thc Option Pcnod, Lessee may cxcr,;isc dUs option at its cliscrction as set forth he. rCm. k
PURCHASE PRICE. Thc purclmsc pdcc o£ the Property ~under this option slmll be ~)0.c_Handred Fifl'v One Th..o.~.5.s~d Five
Hun..~_..d Twenty Nine Dol. l.ar_~s ($ I 5 l.S29). After 5 yCm~i tho total eno:tits will cc[ual Tv~lvb Thoui~nd Fsur Hunth,'d Dollars
¢$12. ~4~J2) making a balattce of .Qnc Hundred TIll7 N_i.n._c Thousand One Hundrcd Twenty Nine Dollar~. ($.} 39,129).
NOTICE OF E,,X~I~CISE OF OPTION. hi order tO c,x~ ciso this option, ~ shlfll ~ve written notice to Lcsaor by one o£
the following methods ti) maihng the wri~telt uoficc to Lessor al rim address provided in paragraph 3g o£ this agreemom and
any such mailc~l noticc, if property addre,.,ssCd, shall be teemed given upon the second be.~incss day after ~ho placing thorcof
in thc United States mail, postalle pr~-lmid, (ii) delivery of ~ written nolicc to a nationally recognized oventlght courier
service and, if such notice is properly ~a__o'~v. ssed, it shall be dccmcd to have beeal given one ti) day after dclivo7 to such
courier service, or (iii) perscnal delivery of such wri~en ho~ice.
DEED. Subject ~o thc prOWsions set forth hC~C~n rolati ~g to finandng by Lessor. at the dosing, and upon payment of the
purchase price, Lessor shall deliver a Wanan,ry d'~ tc Lcssue. The docd shah conv~' good and marketable rig-' to thc
Lcssuo or its assigns, ftc~ and clear of all lions and o. nc~k~tanCc~ with tho exception of ti) real cs'ate taxcs not yet duo and,
(ii) COVCRailIS, condiLions, rcsfflcfioits, reservations, ri/'hv., righcs 0£ way alld eascff~nL<~ of rc~ord, if any, which do not
materially a~Tcct thc value or thc iracudcd usc of thc pro: ~ry. Unless otherwise staled herein, gtc local custom shall gova, n
thc allocation or closing costs including prorations o£ taxes 'and asscssmcnls, docerncnta~ si,amps, recording fees, and other
matters shall govern. Lcssor agrees to pay any.. asscssmo~tIs for paving, cuflifing, sidewalks or utilific~ previously constructed.
under consu'uction, or ordered or required to be constmctgd by public authority but not yet tlieal assessed.
TITLE INSURANCE. Subject to the provisions scl 'forth hereto relating to financing by Lessor, Lessor shall, within f'fftocn
(15) days of the rcccil~ of notice of thc exercise of this option, deliver to Lessee one (I) title in$~nmce commirmcut, shOWing
good, marketable and insurable Olle vosted in Lessor. Within fifteen (15) days after receapt of thc titie lr~u~ancc
cummi'rment, Lc.ss~ shall notify l.,cssor in writing oran) a!!cgcd defcet or cload, and Lcs~r shall have thirty days thereafler
within which to clear thc alleged dafect or cloud. If L,~ssor fails to cure thc defoct or cloud within llfirry days after such
notioL Lessee may either take title as is aiui close thc tna,saction, or terminate and cancel this agrccrncut L~ssee may, at any
hmo c[uring thc Option period, ord~ a im~liminary ritl¢ insm'ance policy or search, svith tho underslanding that any such
policy or search would be at Lessee's expcnso. The cos~ ~f .';uch lilac insuranc¢ shall be split equally between thc par'acs.
CLOSING. This Wansa~ion *l~.~ll bc dose. d, subject to '1! of thc provisions of this agrocmcnl within thin~,. (30) days after
Lcsscc has notifiod Lessor that Om title to thc Pro~cr~y is acceptable. At thc closing, thc I..CS~r shall execute a G-cncml
Warmn~ deed and providc documcnt,~j sUunps convcy, nE ~ real estate. Thc closing shall ~ place ~ a date, time and
plac~ mctualb' acceptable to the panics.
FINANCING BY LESSOR. The Lessor may, at ils sol~:~di~rOJcu, finance the purd~as¢ of the Propc-tly by Lessee. In thc
~ent t~ ~c ~r ellis to fin~e ~ch ~hasc th~* I.as~r ~1 allow a ~t on such p~ ~ice ~ ~ ~onni
~ml to 1~ ~nt (10%) of thc to~l r~ ~d ~ ~s~ as of lbo ~c ~s~ c~i~s the o~i~ ~ mt fo~ ~n pl~
~C ~oun~ ~d to ~c ~ssor lo p~u~ ~c o~on ~ act fo~ in ~ IS a~vc, ~e ~ssor will condor ~ing a
cx~ d~ty (30) y~. ~ ~c ~Cnt t~ M~r ~
u~s~n~ and a~ ~ it ~11 ~ ~ng tho pm~;ny subjcO to
provi~ng oth~se as ~l fo~ in ~3 ~d 24 ~:1~ J~r~ ~l ~ of ~ for~ or effect.
~is i~t~t ~d ~c ~ a~ee ~t ~cy ~vc n~ !d~i~ u~n ~y such ~n~fiom or w~ ~ brokers' ~ers,
or o~er ~cs`
DISPLAY OF SIGNS. ~fing the ~ dxty ((~) ~ys ~f ~is ~, ~ssor er ~s~r's agent s~l ~vc thc pfiv~c~ of
·splaying th~ usual 'For Sac" or "For ~lu' or 'V~,,y~ si~ on ~c ~mimd p~g~s md of s~ing ~c ~o~ to
pros~vc ~mha~s or i~t~.
SUBORDINATION OF LEASE. Tlgs Lease and I_~,~ ;'s tasuhold interest h~ceander arc and shall be subjcct, subordinate,
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11 03 Oa:lSp Tom &Alioe Auction 407 833 858? p.5
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and inferior to al~y lians or encumbrances now or her~,~tc~ placed on tho demised premises by. Lessor, all advances made
under any such liclts or encumbrances, thc interest payable 611 any such liens or ancumbrancc~ and any and all renewals or
cxlollsions of such liens or encumbrances.
HOLDOVER BY LESSEE. Should l.~ssce remain in possession of thc demised prcmises with thc consent of L~ssor ariel thc
natural cxpimUon of this Lca~, a ne~v tenancy from met *~h-io-month shall bc crcmed between Lessor and Lessee which shall
Im subject to all the tea'ms and conditions he, mol but ~lbe tunninable on thirty (30) days' wriucn notice served by clthcr
Lessor or L~,se¢ on the other parry.
SURRENDER OF PRF_.MISES. At tho expiration of tho Ica.so term, Lesse~ shall quit and surrendcr tho P~ams~s hereby
demised hi as good slaw and condition as ll~cy were at lily commcuccmenl of this Lease.
DEFAULT. If any defanl! is made in tho payment of toni. or any ~ ther~f, at thc tmles lleroi~beforc slx~cified, or il'any
default is made in thc IX~'orman~c of or compPanc~o with any other I~rm or condition hc~cof, the Lease. at thc option of
Lessor. shall Iermlnate ancl bc forf¢il~l, Tixc Les.sec shrill b~ given wri~tcn noticc of such dofanll or broth of ibis Lease in
vailing a.s r~quired pu~t~ml lo the law in the stale in wl~ich ,said lmOl~r~, is Iocale.~l. and thc Lessor hereby re. scrv~ all righIs
and rrmedies permincd by law,
A~ANDONI~I,rI'. Ir at any time during the term of this I.~ase L~ss~e aban~ions the demised premis~ or any parl thereof,
Lessor may, at Lesser's option and in compliance with t~i¢ !aw in thc stale where such i~alX:rty is Iocat~i. emcr thc d~mis~d
premises by any means without being llabl¢ for any pres '~tion thcnffor, and without becoming liable to Las.sec for danlages
or for any payment of any kind whatever. In addilion I.~ssor may, al Lcssor's discretion, as agc~t for L~ssee. relet thc
deauiseci promises, or any pan thereof, for the whole or ny Iron of tho ~ unexpired term, and may rcccivo and coll~-'l ali
rent payable by virtue of slmh relelling, and, al. L~sor'g cplion, hold tho Losso~ liable for any differcn~ b~lwcan tho rent that
would have bo~n payable under this [.~ase dining thc l~tltm~ of Ibc unexpir~ rcm'n, if lhis l,case had continulxl in force, and
tile net rcm for such pariod realized by L~sor by means (~f such mletting.
TIME. Time is of the essence of cltis Agrccmcm.
INDEMNIFICATION Lcmcc agrees to huld ~r ~mlc~ ~mm ~y cl~s ~or ~y ~m~ or ~j~ m ~smc, or ~y
otlmr ~ or [o ~y pro~, ~u~ng on ~c ~o~y ~ ~y ~ ~f, or in ~mmon ~s ~e~f, unless such
~gc is ~ pm~ ~sult of ~ ne~igc~ or ~a~t~l ac~ of~ ~r, ~ ag~ or its cm~o~,
DIS~SITION OF PE~ON~ PROPERS. in fl~ e~nt ;~mt i~ ~ ~ml ~y ~mam on d~ ~s ~r thc
W~ No falI~c on ~e ~ of~r m cnfo~ ~ lc~ h~of ~I ~ ~d a ~iv~, nor ~all any a~e~ of
NOTICES. All aotices or other docomenls under this a ,rc~mcnt shall be in wd~ing and delivered perso~ally or mailed by
certified mail or by nationaUy recognized overnight corm :r rea'vice to tim !rallies al the addresses slal~,xt Imlow:
Lasscc Lessor
Paul ~ Barbara Rcssl~r .LrNITED DATA SERVIQ.E_~,..INC.,
120R4 Floricla Wood.~ ~: ,
Orlan.d.9~ FL 32g24 ~,~,i~I : Valley. Nebraska 68064
402-359-2184
BINDING EFFECT, TI~ covunants and condiliom herq}n, cone, Uned shall apply to and bind thc boils, legal rClXcscnlatives
and assigns of thc Irartacs hereto, and all covcnaals am lo ,tbe':coo.stmcd as conditions of this Lease.
VALIDITY. It ~s c. xprcssly agreed bclwccn tho par0es ~al ffany clause of tins Agreement ~s found unconscionable ~t ~all
noI affect tim validity of the r~nlalnd~ of this Ag~m0,.ll{,'i
ENTIRE AGREEMENT. T~is Agreement constitutes tb,~, umplcl~ contract I:~t~v~n the panics 'and supersedes all prior or
contemporaneous t~-'prcscnlations, commui~ication~, agr~ ~,~smnts ami understandings, wrhi~n or oral, with rcspact lo thc
subject matter ho'eof. This Ag~cmont shall not bc m~cndixl or modifmd except in a wTiting sig~cd by authorized
representatives of cach party.
~ep 11 03 02:15p Tom & 81ice 8u~i,~ ~07 833 B557
Bec O1 03 O~:lTp Tom & Alice Aus~i~ 407 833 B597 p.3
September 22. 2000
Paul &: Barbara Rcsslcr
12034 Florida Woods
Orlando, Fl. 32~24
De.ar Paul & lil~oara~
We appreciate you setting up a Direct Payment Pro[~ram for your monthly lease paymUnts. Wc will ~xpcet
)'our monthly payments to follow the schedule you gave Tom during your phone conversation on 9/21/00.
In order to help ~u:ilitatc your payment schedule, ~'¢ will extend your duc ~ to thc 7th of each month,
Paragraph 3 of your Lease Agreement is changed te read as lbllows:
RENT AND LATE CHARGES. I~.~Scc aglow..- 1o pay, without demand, to ~or a~ rc~l for thc dcmi~d
p~OU~s and ~cll g~ m~ clm~ls dc~l~ i:~ ~h~ulc "A', or any amc~n~lt ~cm~ file stun of On~
%o,~and ~ Hund~ ~llam ($1.3~.00) t Ir nm~ in ~ of tim 7~ &~y of ~ch ~1~ monfl~
~gi~ing aSgEL~L1, 2~0. Said amoum ~ all ~ ~id by Fun~ T~ ~ such ~nk as l,~r m~
de~gmate, on or ~fore thc 7® ~y of thc nu }ill wh~ doe. ~ TI-~ EVE~ A MONTHLY L~
PAYMENT ]S DUE BEFORE ~E ~O~ '!~NS~R IS SET UP WITH YOUR BANK, ALL
PA~S S~L BE P~ BY CERTIFIi D CHECK. CASH[~'S C~CK, OR MONEY ORDER.
LESSEE SHALL BE ASSESSED A LATE CI ARGE OF .~I.~.$~..N~/[O0 DOLLARS ($50 00) IN
~ E~ ~-~T S~D ~NTAL PA~i~[' IS NOT ~E~ TO LES~R ON OR BF~O~
THE ~H DAY OF ~ MO~ W~N DU?L
Please file this letter as an amendment to your origh al Lease Agreement.
We arc pleased to have you as tenants and hope you enjoy your new home. Please contact us if we can bc
of further help.
Sincerely,
Alice Austin
Sap 11 03 10:18~ Mapil~n Denison 807 687 ~3SS p.3
Uncollectable Rants
Date Num DesoripUon
Payee Report
412102 Through 9/1/02
Memo
Cate9o~
Clr
9110103
Page 1
Amount
4/12/02 Apr late Ressler, Paul
5/1/02 May rent Ressler, Paul
5/12/02 May late Ressier, Paul
6/1/02 June rent Ressler, Paul
6/12/02 June late Ressler, Paul
7/1/02 July rant Ressler, Paul
7/12./02 July late Ressler, Paul
8/1/02 Aug rent Ressler, Paul
8/12/02 Aug late Ressler, Paul
TOTAL 4/2/02 - 9/1102
FL Woods
Florida Woods
FL Woods
Florida Woods
FL Wood~.
Florida W~ods
FL Wood.
Florida V~ ~ds
FL WOOd~
Late Charge/Florida We...
Rental Income/Florida ,,,
Late Charge/Florida We..,
Rental Income/Florida ...
Late Charge/Florida We.,.
Rental Income/Florida ...
Late Charge/Florida We...
Rental Income/Florida .,.
Late Charge/Florida We...
50.00
1,300.00
50,00
1,300.00
50,00
1,300.00
50.00
1,300,00
50.00
5,450.00
TOTAL INFLOWS
TOTAL OUTFLOW~
NET TOTAl,
5,450.00
0.00
5~.00
Se~ 11 03 lO:l?a Ma~il~n Denison BO7 6S7 ~3~9 p.E
Reel Estata-AII Accounts
JoblProj~;=t Report
5/1/02 Through 10/31/02
Catego~f Description
EXPENSES
Real Estate:
Cleaning
Lawn Care
Legal Fees
Repairs
Selling Expenses
Utilities
TOTAL Real Estate
TOTAL EXPENSES
Florida Woods
980.00
260.00
304.00
7,550.36
950,00
609.35
10,653.71
10,653.71
9/10/03
Page 1
TOTAL INCOME - EXPENSES
-10,653.71
O1 03 02:16p Tom & ~lioe Rustin
407 833 85S? P.~
I, TOM AUSTIIg, Presldem of UNITED DAT',; SERVICES, INC., ver/f'y ~hat ~1~ matcments made in the
sfore~olng document ~'e uue and con'ect, i und~stauf~ :hat falsc s~cmcms he, rcin a~e madc subjcct %0 the penaifics
of 18 P~. C. S, §4904, rcla~[n~ to un~wom £al~ificat~c~ ~, authorities.
UNITED DATA SERVICES, INC,
29869
F AU $~'~.~TA, CY~C:C? COMPI=~,I N T~WOI~(329e6~ LE~.~ £,wpd: 1 ? N o~0 ~
SHERIFF'S RETURN
CASE NO: 2003-06344 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
- NOT FOUND
UNITED DATA SERVICES INC
VS
RESSLER PAUL ET AL
R. Thomas Kline
duly sworn according to law, says, that
inquiry for the within named DEFENDANT
RESSLER PAUL
unable to locate Him in his bailiwick.
,Sheriff or Deputy Sheriff, who being
he made a diligent search and
but was
He therefore returns the
COMPLAINT & NOTICE
the within named DEFENDANT , RESSLER PAUL
NOT FOUND , as to
202 GEORGETOWN ROAD
MECHANICSBURG, PA 17055
PER PO, DEFENDANT'S ADDRESS IS 3124 DAYBREAK DRIVE
KISSIMMEE, FL 34771
Sheriff's Costs:
Docketing 18.00
Service 13.80
Not Found 5.00
Surcharge 10.00
.00
46.80
R. Thomas Kline
Sheriff of Cumberland County
KNUPP KODAK IMBLUM
12/18/2003
Sworn and subscribed to before me
this '7 ~ day of ~
,/
~ ~ ~/ A.D.
PrOthonotary '
SHERIFF'S RETURN -
CASE NO: 2003-06344 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NOT FOUND
UNITED DATA SERVICES
VS
RESSLER PAUL ET AL
INC
R. Thomas Kline
duly sworn according to law,
inquiry for the within named DEFENDANT
RESSLER BARBARA
unable to locate Her in his bailiwick.
,Sheriff or Deputy Sheriff, who being
says, that he made a diligent search and
but was
He therefore returns the
COMPLAINT & NOTICE
the within named DEFENDANT
, NOT FOUND , as to
RESSLER BARBARA
202 GEORGETOWN ROAD
MECHANICSBURG, PA 17055
PER PO, DEFENDANT'S ADDRESS IS
KISSIMMEE, FL 34771.
Sheriff's Costs:
Docketing 6.00
Service .00
Not Found 5.00
Surcharge 10.00
.00
21.00
3124 DAYBREAK DRIVE
So answer~.~-- ~- ..... ~
R. Thomas Kline
Sheriff of Cu~erland County
KNUPP KODAK IMBLUM
12/18/2oo3
Sworn and subscribed to before me
this ~ day of ~
~,CD~ A.D.
P~tary ~ ~ ~-'~