HomeMy WebLinkAbout04-0654SHIPPENSBURG UNIVERSITY
FOUNDATION,
Plaintiff
V.
ANTHONY BONAFEDE, MIKE SAVAGE,
LUCAS LYONS, JASON MITCHELL, BRIAN
HOUPT, JEFF BERGEN, RICHARD P. FIDE,
III, JOSH CARNES, JOHN RUBINO, SHAWN
KOWAL, CHAD ZIEGLER, JASON ENGRO,
individually and jointly as tenants of 26 Middle
Springs Avenue,
Defendants
NOTICE TO DEFEND
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. C)14 - 1.$? cv?U-7 rl
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AVISO
YOU HAVE BEEN SUED IN COURT. If you
wish to defend against the claims set forth in the
following pages, you must take action within twenty
(20) days after this Complaint and Notice are served, by
entering a written appearance personally or by attorney
and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed
without you and a judgment may be entered against you
by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717.249.3166
STED HA SIDE DEMANDADO/A EN
CORTE. Si usted desea defenderse de las demandas que
se presentan mas adelante en las siguientes paginas, debe
tomar accion dentro de los proximos veinte (20) dias
despues de la notificacion de esta Demanda y Aviso
radicando personalmente o por medio de un abogado
una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si
usted falla de tomar accion coma se describe
anteriormente, el caso puede proceder sin usted y un
fallo por cualquier suma de dinero reclamada en la
demanda o cualquier otra reclamacion o remedio
solicitado por el demandante puede ser dictado en contra
soya por la Corte sin mas aviso adicional. Usted puede
perder dinero o propiedad u otros derechos importantes
pars usted.
USTED DEBE LLEVAR ESTE
DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN
ABOGADO O NO PUEDE PAGARLE A UNO,
LLAME O VAYA A LA SIGUIENTE OFICINA PARA
AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717.249.3166
503371.1
SHIPPENSBURG UNIVERSITY
FOUNDATION,
Plaintiff
V.
ANTHONY BONAFEDE, MIKE
SAVAGE, LUCAS LYONS, JASON
MITCHELL, BRIAN HOUPT, JEFF
BERGEN, RICHARD P. EIDE, III,
JOSH CARNES, JOHN RUBINO,
SHAWN KOWAL, CHAD ZIEGLER,
JASON ENGRO, individually and jointly
as tenants of 26 Middle Springs Avenue,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, Shippensburg University Foundation, by and through its
attorneys Rhoads & Sinon LLP and hereby files the within Complaint against Defendants
Anthony Bonafede, Mike Savage, Lucas Lyons, Jason Mitchell, Brian Houpt, Jeff Bergen,
Richard P. Eide, III, Josh Carnes, John Rubino, Shawn Kowal, Chad Ziegler, Jason Engro,
individually and jointly as Tenants of 26 Middle Springs Avenue. In support thereof, Plaintiff
avers as follows:
1. Plaintiff, Shippensburg University Foundation, is a Pennsylvania non-profit
corporation and has a principal place of business located at 1871 Old Main Drive, Shippensburg,
Pennsylvania 17257.
2
2. Defendants, Anthony Bonafede, Mike Savage, Lucas Lyons, Jason Mitchell,
Brian Houpt, Jeff Bergen, Richard P. Eide, III, Josh Carnes, John Rubino, Shawn Kowa], Chad
Ziegler, Jason Engro, individually and jointly as Tenants of 26 Middle Springs Avenue
(hereinafter "Defendants") reside at 26 Middle Springs Avenue, Shippensburg, Pennsylvania
17257.
3. On or about June 1, 2003, Shippensburg University Foundation entered into a
residential real property lease (the "Lease") with Defendants for a period of one (1) year for lease
of the premises located at 26 Middle Springs Avenue, Shippensburg, Pennsylvania 17257
(hereinafter "Leased Premises") in exchange for rent due over the entire term of the lease in the
amount of Thirty-four Thousand Six Hundred Thirty-two and no/100 ($34,632.00) Dollars. A
true and correct copy of the Lease is attached hereto as Exhibit "A."
4. Pursuant to the terms of the Lease, Defendants agreed to the following rent
payment schedule: One Hundred and no/100 ($100.00) Dollars per tenant due at the signing of
the lease (applied towards first quarter rent); Eight Thousand Six Hundred Fifty-eight and no/100
($8,658.00) Dollars due June 1, 2003; Eight Thousand Six Hundred Fifty-eight and no/100
($8,658.00) Dollars due September 1, 2003; Eight Thousand Six Hundred Fifty-eight and no/100
($8,658.00) Dollars due December 1, 2003; and, Eight Thousand Six Hundred Fifty-eight and
no/100 ($8,658.00) Dollars due March 1, 2004. Defendants further agreed to pay a late charge of
Fifty and no/100 ($50.00) Dollars if the rent is more than four (4) days late, which each Tenant
in the unit is thereby responsible for paying.
5. The Lease contains a joint and several liability clause.
6. The Shippensburg University Foundation executed the Lease on June 1, 2003.
3
7. Each of the Defendants executed the Lease between the dates of April 9, 2003 and
July 11, 2003, as fully set forth in the attached lease.
8. To date, the Shippensburg University Foundation has only received Seventeen
Thousand Six Hundred Forty-one and 88/100 ($17,641.88) Dollars in payment from Defendants,
although Defendants were obligated, pursuant to the terms of the Lease, to pay Twenty-five
Thousand Nine Hundred Seventy-four and no/100 ($25,974.00) Dollars to the Shippensburg
University Foundation as of December 1, 2003.
9. As of the date of this Complaint, Defendants continue to owe Shippensburg
University Foundation Eight Thousand Three Hundred Eighty and 12/100 ($8,380.12) Dollars
under this Lease.
10. The next quarterly rent payment of Eight Thousand Six Hundred Fifty-eight and
no/100 ($8,658.00) Dollars is due to the Shippensburg University Foundation on March 1, 2004.
11. Shippensburg University Foundation has repeatedly made demands for payment
upon Defendants. However, Defendants have failed to remit full payment due under this Lease.
A true and correct of all demands made by Shippensburg University Foundation are attached as
Exhibit "B."
12. Shippensburg University Foundation provided Defendants with a Notice to Quit
on October 13, 2003 even though Defendants waived the right to receive such Notice pursuant to
paragraph 26 of the Lease. A true and correct copy of the Notice to Quit is attached as Exhibit
11C."
13. Defendants failed to respond to the Notice to Quit dated October 13, 2003.
4
14. Shippensburg University Foundation has filed, concurrently, a Landlord/Tenant
Complaint for Eviction and Property Damage with District Justice Harold E. Bender, Magisterial
District No. 09-3-01. A true and correct of the Landlord/Tenant Complaint is attached as Exhibit
"D
15. This Lease contains an acceleration clause providing that in the event of default,
Shippensburg University Foundation may sue the for rents and charges for the remaining term of
the Lease.
16. Pursuant to the Lease, Shippensburg University Foundation is entitled to all costs
and attorneys' fees associated with enforcing the provisions of the Lease.
COUNT I - BREACH OF CONTRACT
SHIPPENSBURG UNIVERSITY FOUNDATION v. DEFENDANTS
17. Paragraphs 1-16 are incorporated herein by reference as if set forth here at length.
18. Shippensburg University Foundation and Defendants entered into the Lease on
June 1, 2003 for lease of the premises located at 26 Middle Springs Avenue, Shippensburg,
Pennsylvania 17257, in exchange for rental payments totaling Thirty-four Thousand Six Hundred
Thirty-two and no/100 ($34,632.00) Dollars due in four (4) quarterly payments over the term of
the lease.
19. From June 1, 2003 to the present, Defendants have been and continue to be in
possession of the Leased Premises.
20. Notwithstanding Shippensburg University Foundation's repeated demand for
payment, Defendants failed to pay same.
5
21. Pursuant to Paragraph 4 of the Lease, from June 1, 2003 to present, Defendants
agreed to pay the Shippensburg University Foundation the sum of Twenty-five Thousand Nine
Hundred Seventy-four and no/100 ($25,974.00) Dollars. However, Defendants have only
remitted payment to The Shippensburg University Foundation in the amount of Seventeen
Thousand Six Hundred Forty-one and 88/100 ($17,641.88) Dollars. Defendants' failure to remit
payment is a material breach of the Lease for which they are jointly and severally liable.
WHEREFORE, Plaintiff, Shippensburg University Foundation, demands judgment
against Defendants, Anthony Bonafede, Mike Savage, Lucas Lyons, Jason Mitchell, Brian
Houpt, Jeff Bergen, Richard P. Eide, III, Josh Carnes, John Rubino, Shawn Kowal, Chad Ziegler,
Jason Engro, individually and jointly as Defendants of 26 Middle Springs Avenue, and award it
damages for all amounts due under the Lease, plus interests, attorneys fees, and allowable costs,
and any other relief the Court deems appropriate.
COUNT II - PROMISSORY ESTOPPEL
SHIPPENSBURG UNIVERSITY FOUNDATION v. DEFENDANTS
22. Paragraphs 1-21 are incorporated herein by reference as if set forth here at length.
23. Under the contract for lease of the premises located at 26 Middle Springs Avenue,
Shippensburg, Pennsylvania 17257, to date Defendants have received a reasonable value of this
contract in the amount of Twenty-five Thousand Nine Hundred Seventy-four and no/100
($25,974.00) Dollars.
24. Defendants promised to pay the full price of the Lease, Thirty-four Thousand Six
Hundred Thirty-two and no/100 ($34,632.00) Dollars, via four (4) quarterly payments
6
commencing June 1, 2003 in exchange for residing at the premises located at 26 Middle Springs
Avenue, Shippensburg, Pennsylvania 17257.
25. Tenants continue to reside in the Leased Premises although they have failed to
remit the full amount of payments due under the contract.
26. Shippensburg University Foundation relied on Defendants' promise to pay in full
to its detriment.
27. An injustice will result if Defendants are permitted to retain the benefits conferred
upon them without paying the full value for residing at 26 Middle Springs Avenue,
Shippensburg, Pennsylvania 17257.
WHEREFORE, Plaintiff, Shippensburg University Foundation, demands judgment
against Defendants, Anthony Bonafede, Mike Savage, Lucas Lyons, Jason Mitchell, Brian
Houpt, Jeff Bergen, Richard P. Eide, III, Josh Carnes, John Rubino, Shawn Kowal, Chad Ziegler,
Jason Engro, individually and jointly as Defendants of 26 Middle Springs Avenue, and award it
damages for all amounts due under the Lease, plus interests, attorneys fees, and allowable costs,
and any other relief as the Court deems appropriate.
COUNT III - UNJUST ENRICHMENT
SHIPPENSBURG UNIVERSITY FOUNDATION v. DEFENDANTS
28. Paragraphs 1-27 are incorporated herein by reference as if set forth here at length.
29. The lease of the residential real property located at 26 Middle Springs Avenue,
Shippensburg, Pennsylvania 17257, to Defendants by Shippensburg University Foundation
conferred, and continues to confer, a benefit to Defendants from Shippensburg University
Foundation.
7
30. Through Defendants' continued use of the real property located at 26 Middle
Springs Avenue, Shippensburg, Pennsylvania 17257, Defendants have appreciated the benefits.
31. Defendants have continued to reside in the residential property while refusing to
pay the full agreed-upon rent for the premises.
32. It is inequitable for Defendants to retain the benefits of residing at 26 Middle
Springs Avenue, Shippensburg, Pennsylvania 17257, without full payment for its value.
WHEREFORE, Plaintiff, Shippensburg University Foundation, demands judgment
against Defendants, Anthony Bonafede, Mike Savage, Lucas Lyons, Jason Mitchell, Brian
Houpt, Jeff Bergen, Richard P. Eide, III, Josh Carnes, John Rubino, Shawn Kowal, Chad Ziegler,
Jason Engro, individually and jointly as Defendants of 26 Middle Springs Avenue, and award it
damages for all amounts due under the Lease, plus interests, attorneys fees, and allowable costs,
and any other relief as the Court deems appropriate.
Respectfully submitted,
RHOADS & SINON LLP
by: r1ley. Smi squire
PA I.D. No. 33
Jennifer Zimmerman, Esquire
PA I.D. No. 89459
One South Market Square, 12th Floor
Harrisburg, PA 17101
717.233.5731
Attorneys for Plaintiff,
Shippensburg University Foundation
DATED: February 12, 2004
8
/? VERIFICATION
I,/?yy CR#NSJ1*L YYl?OAaLF, in my capacity as
bvo-k1 (uwcz , of The Shippensburg University
Foundation, depose and say, subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to authorities, that the facts set forth in the foregoing are true and correct to the best
of my knowledge, information and belief.
Date:
aAei 1oy
THE SHIPPENSBURG UNIVERSITY
FOUNDATION
BY: Chv*Lc K • Iflv"(t'
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EXHIBIT "A"
JAN=16-2004 FRI 04:40 PM FAH NO. 00000000000000000000
SU Foundation Housing Lease Agreement
26 Middle Springs Avenue, Shippensburg, PA 17257
THIS IS A CONTRACT GIVING TENANT THE RIGHT TO LIVE IN LANDLORD'S PROPERTY
FOR A PERIOD OF TIME, $0 LONG AS TENANT DOES AND DOES NOT DO CERTAIN THINGS, IT
IS A LEGALLY BINDING CONTRACT BETWEEN THE LANDLORD AND EACH PERSON MAKING-UP
THE TENANT. EACH PERSON MAKING UP TENANT SHOULD READ THIS LEASE CAREFULLY.
THIS CONTRACT CONTAINS WAIVERS OF YOUR RIGHTS AS A TENANT. DO NOT SIGN
THIS LEASE UNTIL YOU UNDERSTAND ALL OF THE AGREEMENTS IN THIS LEASE.
1. TENANT:
Each person making up Tenant is listed here. Each pe rson says that his/her correct Social
Security is th? ?nu^m_ber f lowing}p7ts/ er name.
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2. LANDLORD:
Name SU Foundation
Mailing Address 109 $TONE RIDGE COMMONS, SHIPPENSBURG, PA 17257
3. PROPERTY
P. 02
Landlord agrees to rent to Tenant and Tenant agrees to rent from Landlord the following
Property, 26 Middle Springs Avenue, Shippensburg, PA 17257.
4. RENT PAYMENT SCHEDULE
A. The total amount of rent due over the Term of this Lease is $ 34.632.00
B. The rent payment schedule is as follows:
1. Due at signing of lease (applied toward first quarter rent) $ 100.00 per tenant
2. Due June 1", 2003 $ 8.658.00
3. Due September 1", 2003 $ 8.658.00
4. Due December 1", 2003 $ 8.658.00
5. Due March 1 ", 2004 $ 81658.00
C. Tenant must pay a late charge of $50.00 if rent is more than four (4) days late, If there is
more than one named Tenant in the Unit, then each Tenant is individually responsible for
the $50.00 late charge.
D. Tenant may be required to pay other charges to Landlord under the terms of this lease.
Whether or not stated as such, those other charges are "added rent" If Tenant fails to
pay the added rent, Landlord shall have the same rights against Tenant as if Tenant failed
to pay rent.
TFNANTtS) AG LA DLORD(s) C. nAJ
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JAN-16-2004 FRI 04:41 PM
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E. Tenant must mail check made payable to SU Foundation, 109 Stone Ridge
Commons, Shippensburg, Pennsylvania, or deposit check in the drop box located
between the double glass doors at 109 Stone Ridge Commons, Shippensburg,
Pennsylvania.
F. If Tenant bounces a check, Tenant must pay a charge of $25.00. If there is more than
one named Tenant in the Unit, then each Tenant is individually responsible for the $25.00
bounced check charge
F. It Tenant bounces a check, Landlord may require all future payments to be made by
money order or cashier's check.
G. Tenant may not reduce the rent by any money that Tenant claims Landlord owes to
Tenant.
5. SECURITY DEPOSIT
A. The Security Deposit is $ 2,866.00 and Is due August 1, 2003
8. Landlord can use the security deposit to pay for unpaid rent, all amounts due under this
Lease and damages that are Tenant's responsibility.
C. When Tenant moves from the Property, Tenant must return all keys and provide Landlord
with a stamped self-addressed envelope with Tenant's new mailing address where
Landlord can return the Security Deposit.
D. Landlord will prepare a list of charges owed by Tenant. Landlord may deduct these
charges from the security deposit. Landlord will return the security deposit (minus any
charges to Tenant) within 30 days so long as Tenant has given Landlord a self-
addressed, stamped envelope with Tenant's new mailing address.
E. Tenant may not use the security deposit as payment of the last month's rent or any other
amounts due to Landlord.
6. STARTING AND ENDING DATES OF LEASE (also called "Term")
A. Starting Date: This Lease starts on June 1, 2003
B. Original Ending Date: This Lease ends on _Mav 31, 2004
RENEWAL TERM
This Lease will NOT automatically be renewed at the original Ending Date. If Tenant desires to
renew the lease, Tenant must notify Landlord of Tenant's intent to renew by November 30)" of the
year preceding the Ending Date of Lease.
8. USE OF PROPERTY
A. Tenant will use the Property only as a residence for the people listed in this Lease.
B. Not more than 22 people may live in the property.
9. UTILITIES AND SERVICES
A. Utilities provided by Landlord:
Trash t!!(
Other:
Other:
B. Tenant will arrange and pay for all utilities and services, except the utilities and services to
be paid by Landlord as stated above. Landlord has no obligation to provide (or liability for
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providing) other utilities or service Tenant pays for. Damage to equipment or appliances
supplied by Landlord, caused by Tenant's neglect, may be repaired by Landlord at
Tenant's expense. The repair costs will be added to rent.
C. Tenant must not use any appliance or other equipment unless installed by
Landlord or with Landlord's written consent. Landlord may stop service of
plumbing, heating, or electrical or mechanical systems, because of accident, emergency,
repairs or changes, until work is complete.
F. Landlord is not obligated to provide or repair air conditioning systems, garbage disposals
or washers and dryers.
10. CONDITION OF PROPERTY
Tenant accepts the property AS-IS, except that Landlord has agreed to do the following repairs
before or shortly after Tenant moves in:
11. LANDLORD'S PERSONAL PROPERTY
Landlord owns the following personal property of the Property:
Refrigerator Range r2e
Miniblinds in Other
Other
12. RULES AND REGULATIONS
A. Rules (called "Rules") for use of the Property are as follows:
1. Open-flame heaters, such as gasoline or kerosene type heaters, are
prohibited due to them being a fire hazard.
2. Tenant shall not create loud noise or disturbance. Tenant, members of
Tenant's family, or Tenant's visitors shall not at any time make any noise, do
anything or conduct themselves in any way which disturbs any other resident
or interferes with the rights, comforts, or conveniences of any other resident. No
sound, including but not limited to music, may be audible outside the unit.
3, Underage drinking is prohibited.
4. No parties or gatherings are allowed at which admission is charged or
charges for alcoholic beverages are levied. Without intending to limit this
rule, this includes "Rent parties".
5. Parties are prohibited on weeknights. All doors and windows must be closed
during parties. Party guests shall not congregate outside the Unit or
Building. Party music must be at a reasonable level. Landlord and/or
representative of Landlord may not be denied access to a Unit when
checking social gatherings, parties, etc.
s. Glue, tape, adhesive, nails, tacks, brads, or screws shall not be driven into
walls, floors, doors, cabinets or ceilings of the Unit, nor shall there be any
boring or marring of the above areas.
7. No personal property of any description is to be placed on or permitted to
remain on the lawn, steps, porches, balconies, or stairs, or hung from
windows. Landlord has the right to approve or disapprove of all window
dressings.
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8. Locks may not be changed nor additional locks put on any doors without the .
written permission of Landlord. The Landlord will be given duplicate keys for
all so installed, prior to the installation, at the Tenant's expense. Any Tenant
who forces a door or has his/her door forced by someone else will be
charged for a new lock, hardware, door frame, and the labor necessary to
repair it.
9. No beverages in bottles or other glass containers may be consumed outside
the Unit.
10. Bottles and other glass containers and trash must be placed in the
designated area. No bottles, glass or trash may be thrown from inside the
Unit or Building or from balconies or patios.
11. Kegs are prohibited.
12. Firearms, explosives, fireworks and paint guns of any kind are prohibited.
13. Waterbeds are not permitted.
14. Loitering or congregating outside the Unit and Building is not permitted.
15. Doors to the unit must be kept closed at all times.
16. Physical violence, threats of physical violence, acts of retribution, or
intimidation directed toward employees or agents of Landlord or other
Tenants of S U Foundation Housing are strictly prohibited. Any violation of
this rule will result in immediate termination of this lease and/or criminal
charges.
17. Tenant shall not in any way tamper, adjust, remove or modify any of the utility
systems or metering equipment maintained by Landlord.
18. Landlord has the right to change the rules and regulations, at any time, to
maintain the safety and well being of the residents of S U Foundation
Housing.
19. Tenant shall not tamper with nor remove smoke detectors and/or fire alarm
detection systems.
B. Tenant must obey the Rules. If not, Tenant has broken this Lease.
13. END OF TERM AND ABANDONMENT:
A. At the end of the Term, Tenant must leave the Unit clean and in good condition, subject to
ordinary wear and tear. Tenant will remove all of Tenant's property, alterations and
decorations. Tenant must clean all walls, windows, window sills and tracks, fixtures,
toilets, sinks, shower, tub, stove, oven, cabinets, refrigerator, and carpeting. Landlord will
repair all damages to the Unit, including drywall and door holes, which cost of repair will,
at Landlord's option, either be billed to Tenant or deducted from the Security Deposit.
B. If Tenant's personal property remains in unit after termination or expiration of this Lease,
Landlord may, without notice, store or dispose of same. Landlord shall not be liable for
any injury or damage arising out of or resulting from any reasonable disposal of such
property. Tenant shall be charged for Landlord's expenses in removing said items.
14. POSSESSION
A. Landlord shall not be liable if it cannot give Tenant possession on the beginning date of
the Term or in the specific Unit number listed above. Landlord may change the Unit
number listed above prior to possession should such Unit not be capable of possession
on the beginning date of the Term.
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B. Rent starts at the beginning of the Term unless Landlord cannot give possession of a Unit
(rent shall then be payable when possession is available). Landlord will notify Tenant
when possession is available. The Ending Date of the Term will not change.
15. INCREASES IN COSTS
A. If Tenant's actions cause an increase In property insurance, Tenant will pay the amount of
the increase.
16. LANDLORD'S RIGHT TO ENTER
A. Tenant agrees to let Landlord or Landlord's representatives enter the Property at
reasonable hours to inspect, repair, or show the Property to prospective buyers or
tenants.
8. Landlord will attempt to give Tenant 24 hours notice of date, time, and reason for the visit.
In case of emergency, Landlord may enter Property without notice.
C. Landlord may put up For Sale or For Rent signs on or near Property.
0. Tenant agrees to move out peacefully when the Lease Term expires.
17. TENANT'S CARE OF PROPERTY
Tenant, Tenant's family and guests agree to obey all laws and Rules that apply to Tenant. Also:
A. Tenant will:
1. Keep the Property clean, neat, safe and in good condition.
2. Dispose of all trash, garbage and any other waste materials as required by
Landlord and the law.
3. Use care when using any of the electrical, plumbing, ventilation or other facilities
or appliances on the Property.
4. Tell Landlord immediately of any repairs needed. Landlord does not have to
repair any damage caused by Tenant's willful, careless, or unreasonable
behavior.
5. Surrender the property upon termination of this Lease in the same condition as
when the property was received by the Tenant at Starting Date of Lease.
B. Tenant will not:
f. Keep any flammable materials on the Property.
2. Willfully destroy or deface any part of the Property.
3. Disturb the peace and quiet of other tenants,
4_ Make changes to the property, such as painting, wallp paring, or remodeling
without the written permission of Landlord. If alterations are made, Tenant must
pay the cost to restore the unit.
18. SMOKE DETECTORS, FIRE EXTINGUISHERS AND SPRINKLER SYSTEM
A. Landlord will inspect the smoke detector, fire extinguisher and sprinkler system on a
regular basis,
B. Tenant must notify Landlord in writing immediately of any inoperable smoke detector
and/or fire extinguisher.
C. If any smoke detector, fire extinguisher or sprinkler system requires repair or replacement
due to an act or omission of Tenant, Tenant must pay the cost to repair or replace the
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smoke detector, fire extinguisher, and/or sprinkler system.
D. If any damage is caused to the Unit or Building due to an inoperable smoke detector, fire
extinguisher and/or sprinkler system which is inoperable because of an act or omission of
Tenant, Tenant must pay cost to repair the damage.
19. NO PETS
No pets or other animals are permitted anywhere on the premises at any time, Tenant
must pay additional rent of $250.00 for any and/or all breaches of this condition.
20. PREMISES AND PORCHES
A. Tenant must keep the lawn and porches free from garbage and debris. No personal
property may be kept or stored on the lawn or patio, Only outdoor furniture is permitted in
the patio. Nothing maybe hung on or from the porch or building, including but not limited
to, clothing, towels, rugs, flags, etc_
B. No more than eight persons are permitted on the porch at any one time.
C. All Tenants are responsible for keeping the lawn and porches free from garbage and
debris. A violation of this provision will result in a minimum charge of $25.00 to the
tenants of the property, which will be added rent.
21. VEHICLES:
The use or storage of Tenant's or any other person's vehicle, whether or not parked or
being driven in or about the parking area shall at all times be the sole risk of Tenant.
Landlord Is not liable for damage to, or caused by, any vehicle. This includes property
damage and bodily injury,
22. SECURITY SERVICES:
Tenant hereby agrees and acknowledges that Landlord shall not provide and shall have
no duty to provide any security services to Tenant or the Unit community. Tenant shall
look solely to the Public Police Force for security protection. Tenant agrees and
acknowledges that protection against criminal action is not within the power of the
Landlord, and, even if from time to time Landlord provides security services, those
services cannot be relied upon by Tenant and shall not constitute a waiver of, nor in any
manner modify the above agreement. Landlord shall not be liable for failure to provide
adequate security services or for criminal or wrongful actions by others against Tenant,
family, licensees, invitees or guests.
23. KEYS:
Tenant must pay a ten dollar ($10.00) additional rent charge for each Unit key
replaced by Landlord during the Term or not returned at the termination of the Lease or
the End of the Term.
24_ FIRE OR OTHER DAMAGE
A. Tenant must notify Landlord immediately if the Property is damaged by fire or any other
cause. Tenant must notify Landlord if there is any condition in the Property that could
damage the Property or harm Tenant or others. If the Unit cannot be used because of
fire or other casualty, Tenant is not required to pay rent for the time the unit is unusable
(as long as damage was not caused by Tenant). If part of the Unit cannot be used,
TENANT(S) Ai
Initials
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JAN-18-2004 FRI 04:43 PM FAX NO, 00000000000000000000 P. Og
Tenant must pay rent for the usable part. Landlord shall have the right to decide which
part of the Unit is usable. If the Unit or Building is damaged by fire or other casualty,
Landlord may cancel the lease. If the Landlord decides to cancel, Landlord will notify
Tenant within thirty (30) days of the fire or casualty,
C. If Landlord does not cancel, Landlord shall have a reasonable time to make repairs.
D. If the fire or casualty is caused by an act or neglect of Tenant (or Tenant's family,
employee, guest or invitee), then all repairs will be made at Tenant's expense. However,
Tenant must still pay the full rent with no adjustments.
25. SALE OF PROPERTY
A. If the Property is sold, Tenant agrees that Landlord may transfer Tenant's money and
advance rent to the new landlord.
B. Tenant agrees that Landlord will have no duties regarding this Lease after the Property
has been sold.
26. IF TENANT BREAKS LEASE: WAIVER OF RIGHTS:
A. TENANT'S WAIVER OF NOTICES. LANDLORD SHALL NOT BE REQUIRED TO GIVE
TENANT A NOTICE OF DEFAULT, OR AN OPPORTUNITY TO CORRECT ANY
DEFAULT, TENANT ALSO WAIVES THE RIGHT TO RECEIVE A "NOTICE TO QUIT"
OR "NOTICE TO VACATE" FROM LANDLORD. THIS MEANS LANDLORD IS NOT
REQUIRED TO NOTIFY TENANT TO REMOVE FROM (LEAVE) THE UNIT, Landlord
may give Tenant a termination notice (but Landlord is not obligated to give that notice). If
given, the termination notice will state the date the Term will and. Tenant must leave
the Unit and give Landlord the keys on or before the termination date. Tenant continues
to be responsible as stated in the Lease.
B. Tenant breaks this Lease if
1. Tenant does not pay rent or other charges when they are due.
2. Tenant moves out of the Property before the end of the Lease.
3. Tenant does not move out upon termination of this Lease.
4. Tenant fails to do anything Tenant agreed to in this Lease or does something
Tenant has agreed not to do in this Lease.
5. Tenant has given Landlord false information in the rental application or this
Lease.
6. Tenant enters into a sublease with another party without the express written
permission of the Landlord
C. If Tenant breaks this Lease for any Reason, Landlord may
1. Recover possession of the Property (evict Tenant).
2. File a lawsuit against Tenant for rents and charges not paid and for rents and
charges for the rest of the Lease term.
3. Keep Tenant's Security Deposit.
4. Do anything else permitted by law.
5. If Landlord hires a lawyer to enforce this Lease, Tenant agrees to pay the lawyer's
fees and Landlord's reasonable costs.
D. THIS IS A JOINT AND SEVERAL LEASE WHICH MEANS THAT ALL OF THE PEOPLE
MAKING UP TENANT AS A GROUP AND EACH OF THE PEOPLE AS INDIVIDUALS
ARE RESPONSIBLE TO LANDLORD FOR ALL OF THE AGREEMENTS OF THIS
LEASE. FOR EXAMPLE, IF THE RENT IS NOT PAID, LANDLORD CAN SUE ALL OF
TFNANT(S) LANDLOAD(5)?? _
Initials ?? , utlliala ,
bA v 7
C L,
IAN-15-2004 FRI 04:43 PM
FAX NO. 00000000000000000000 u, L19
THE PEOPLE MAKING UP TENANT (JOINTLY) FOR ANY UNPAID RENT, OR,
LANDLORD CAN BRING A SUIT AGAINST ANY ONE PERSON MAKING UP TENANT
SEPARATELY (SEVERALLY) FOR ALL OF THE UNPAID RENT_
27. SUBLEASING AND ASSIGNMENT
A. Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease
remains the same with the new landlord.
S. Tenant may not transfer this Lease or sublease (rent to another person) the Property
without Landlord's written permission. If Tenant does so anyway, Tenant has broken this
Lease. Also, if someone other than Tenant stays at the Property for more than 7 days in
any month, Tenant must pay to Landlord $25.00 for each extra person for each day that
person or people stay(s) at the Property. To figure the number of days and the number of
people, Landlord's reasonable numbers will be used, unless Tenant can clearly prove
they are wrong.
28. TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER
Landlord may have, or may put, a mortgage on the Property. The rights of any mortgage lender
comes before the rights of the Tenant. (Example; If Landlord fails to make mortgage payments,
the mortgage lender could take the Property and end this Lease.)
TENANT IS WAIVING (GIVING UP) TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF
THERE IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS
LEASE.
29. INSURANCE AND LIMITED LIABILITY
A. Tenant understands that
1. LANDLORD'S INSURANCE DOES NOT COVER TENANT, TENANT'S
PROPERTY, FAMILY OR GUESTS.
2. TENANT SHOULD HAVE FIRE & LIABILITY INSURANCE TO PROTECT
TENANT, TENANT'S PROPERTY, FAMILY AND GUESTS WHO ARE
DAMAGEDANJURED WHILE ON THE PROPERTY.
B. EXCEPT TO THE EXTENT REQUIRED BY LAW, LANDLORD IS NOT LIABLE OR
RESPONSIBLE FOR ANY INJURY OR DAMAGE OF ANY KIND THAT OCCURS TO
ANYONE OR ANYTHING ON THE PROPERTY. This includes as examples only, injuries
from; lead paint, fire and criminal acts.
C. TENANT IS RESPONSIBLE FOR ANY LOSS TO LANDLORD OR THE PROPERTY
THAT TENANT, TENANT'S FAMILY OR GUESTS CAUSE.
D. If Tenant wins a court judgment against Landlord or Landlord must pay Tenant money for
any reason, Tenant will only look to the Property to collect all money owed (other than the
Security Deposit). That means that Tenant agrees not to collect money from Landlord's
(or any person making up Landlord's) corporate or personal assets, even if Tenant cannot
collect money owed from the Property.
30. HEADINGS
The headings in this Lease are meant only to make it easier to find the paragraphs.
31. ENTIRE AGREEMENT
This Lease is the entire agreement between Tenant and Landlord. No spoken or written
TENANT(S) A K V
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JAN-16-2004 FRI 04:44 PM FAX NO. 00000000000000000000 P. 10
agreements made before are a part of this Lease unless they are included in this Lease. This
Lease cannot be changed except in a writing signed by Landlord and Tenant.
32. NO WAIVER
Landlord's acceptance of rent or utility payments or failure to enforce any term in this Lease is not
a waiver of any of Landlord's rights.
33. INVALID LEASE
If a court ultimately decides that any part of this Lease is invalid, void or illegal, that will not affect
any other part of this Lease, and the remaining parts will remain In full force and effect.
34. SIGNATURES AND EFFECTIVE DATE:
Landlord and Tenant have signed this Lease as of the above date. It is effective upon the signing by both Tena
the Lease; that Landlord has reviewed the lease with him/her; and the Tenant understands the
terms and conditions of the Lease, and has had the opportunity to ask questions of Landlord.
TENANT(S) itb
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JAN-16-2004 FRI 04;44 PM
FAX NO, 00000000000000000000 P. I1
35_ NOTICE BEFORE SIGNING
THIS LEASE IS A LEGAL CONTRACT. IF YOU HAVE LEGAL QUESTIONS, YOU ARE
ADVISED TO TALK TO A LAWYER BEFORE SIGNING THIS LEASE.
DATE SIGNED BY LANDLORD: 1A 11 t65
glq?2C03
DATE SIGNED BY TENANT
V-/O- 0 3
DATE SIGNED BY TENANT
9-i 6 03
DATE SIGNED BY TENANT
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DATE SIGNED BY TENANT
1-l-lei-0-5
DATE SIGNED BY TENANT
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DATE SIGNED BY TENANT
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DATE SIGNED BY TENANT
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DATE SIGNED BY TENANT
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DATE SIGNED BY TENANT
17/1 lp
DATE ff'r D BY TENANT
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DATE SI NED BY TENANT
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DATE SIGNED BY TENANT
LANDLORD;
By:
TENANT
TENANT
TENANT
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JAN-16-2004 FRI 04:44 PM
DATE SIGNED BY TENANT
DATE SIGNED BY TENANT
DATE SIGNED BY TENANT
DATE SIGNED BY TENANT
FAX NO. 00000000000000000000 p. 12
TENANT
TENANT
TENANT
TENANT
11
-11-
JAN-16-2004 FRI 04:45 PM FAX NO. 00000000000000000000
Date :
26 Middle Spring Ave.
Tenant Information Sheet
Tenant Name: iPrr\- 1 ?y ?JC><1c lC?
Home Address: Street q 1 j St le ?` l dc, C U?
City, State, Zip Code LCn(1CCkS-teC Pfk- LZ(?O 1
Current Phone # : 7 l7 `1 KS" ?16U3
Parent's Name: Qe?Q«? Cl??? ?%('
Home Phone #: 7 1 7 Q?Ci Z- 2-O 2 v
Social Security#: 1 a$-G'A -J 3U 2.
Class Standing for 2003-2004 School Year.
P. ' S
Tenant Name: L a GrzS L yOoVS -
Home Address: Street ><'
/r7$ L v?rr
City, State, ..
Zip Code
Current Phone # oil- 97 0 2 V-3 912
Parent's Name: f1?4TT'[YOAIS
Home Phone # : (2 Q3? - 9 s - fbSr
a
Social Security#: wg-b'.-90bS
Class Standing for 2003-2004 School Year: t.rv4 0l-
Tenant Name: i' olr., ti
Home Address: Street ;)-i I f2 oeJ45 ?.? I •\oc;`n j ply ) 7 U y
City, State, Zip Code
Current Phone # : lz %-?S Y-`ld 5 G
Parent's Name: ?alaFC rlsJivi/fh•lli??-"'??I"
Home Phone # :.) 0-,75y -12F6
Social Security #:W-4-r
Class Standing for 2003-2004 School Year:.5
Tenant Name: P. 6,j4,-V,-
Home Address: Street Pd. 9n,c CD3C-
City, State, Zip Code 6.z-l s?, P'I /?p?
Current Phone # : 111')-G 58 -l4da-
Parent's Name: Zj,',,1, ? UI
Home Phone # : rTn-d S7 -lySl-
Social Security # : f 3j;'-76-3L101/
Class Standing for 2003-20(004 School Year: $>Pl u??
Tenant Name: JG?1\ ? ,Al/`L'
Home Address: Street H 0 I?p ? f
?gl'
City, State, Zip' ode
Currant Phona # : !a L0 i Lf rj -s ;q
Parent's Name: ?p ??}r I t Q?Utjt? v
Home Phone # : GUS 4'S ?y t?
Social Security # : lye ?_? T
Class Standing .for 2003-2004 chool Year:
r
Tenant Name: /VI; lce :k.?r..gy
Home Address: Street/%' -??;..,r??,.,,.,/,_?? - r
City, State, Zip Code - J
Current Phone # : 5 , _ . /o rr
Parent's Name: / vl %i r i_."
Home Phone # :
Social Security # : T
Class Standing for 2003-2004 School Year,
JAN-16-2004 FRI 04:45 PM FAX NO. 00000000000000000000 P. !6
pate :
26 Middle Spring Ave.
Tenant Information Sheet
I Tenant Name: ?VRS d n M, ??
???ddd I3ome Address: Street -1w C v%W-- ^rt A i
9A ,
City, State, Zip Code Cpas?t((Z k43d p
Current Phone # : pip '8 "; 7 ass-1
Parent's Name: ? u53- (nO-ehe,?l
Home Phone # : Ur$; 3 0 9, d
Social Security#: LCA,1- G.A 1 b36
Class Standing for 2003-2004 School Year: SoQ? more,
Tenant Name: ) e ?e
Home Address: Street 7q7- t<w e'v ^7t'
City, State, Zip Code ??1e tbouYw llei P? 1-7-75-4
Current Phone # : '17'7-- 4 o 4
Parent's Name: T'70 34g-a`ta23
Home Phone#:
Social Security# : /6d- GY t66? 11
Class Standing for 2003-2004 School Year: .'Juxia v"
Tenant Name: ?..sh C-•",
Home Address: Street
City, State, Zip Code t?..s? S F'-k t4 4 3 I
Current Phone # is i c{) d l - 5 3 `.9
Parent's Name: MW :. Jac
Home Phone #:C..5ri=r3
Social Security# : t 1rc• ' -t r^ a z ?(
Class Standing for 2003-2004 School Year. u .
Tenant Name: S A Lh. JL oJWJ
Home Address: Street 06 V41Icy Gy,een Dr.
City, State, Zip Code (OaeL CSV i (i0 t P (t( •y ?j
Current Phone # : r 146q-55 y -Ogq,6r.
Parent's Name: Ron s` Jvryzj 140.,)
Home Phone #: O 10 = 57 ' arJ
Social Security# : 1 r('3 qq ( ro
Class Standing for 2003-2004 School Year: Jun i or
Tenant Name: CQ
Horne Address: Street I S 1 C v,\ b i I G( t 9 Gt C I
City, State, Zip Code z?Se I ?? • 15? D
Current Phone # i j
Parent's Name: 20,
Home Phone # :
Social Security # : 1-' I
Class Standing for 2003-2004 School Year: -i ,
Tenant Name:
Home Address: Street .::..;` _"• f(`. I ;I ,
City, Slate, Zip Code
Current Phone # : ; j
Parent's Name: :'1t\L1 1Lc
Home Phone # : i_ ii' -j-,-j.
Social Security # :
Class Standing for 2003-2004 School Year:
JAN-16-2004 FRI 04:46 PM FAX N0, 00000000000000000000
College Park Commons
109 Stone Ridge Commons
Shippensburg, PA 17257
(717) 530-1311
An agreement has been reached between Michelle Wright and the tenants
Apartment/Property# A(n rn- ddje •?(s.?q5
P. 17
The following tenants An+hon R.^fM ?e-dc, Zura.s l yov? IS ?ritsn {SUP,
t is hiai E,'rl t_ Tnl,n j-3y h rig rY)' KY, .5r, ?? ?r x ,-1 eni'le-4), /f,
Agree to accept 0haA Z; p9w , ??.a,r Koh _ Ene
as additional tenants for the lease year ?sy/ a cal
Special stipulations and agreements: 'F-V7Fe c-+;.e 4%k?}-e r\\rvc• t gym-
Printed Name
f , Y Qxj, &
Signature
Date
G/,3o%3
B ? ,W`o3
8/z?/a3
Q(g/off
EXHIBIT "B"
10
Stone Ridge and College Park Conzmo«s
109 Stun; Ridge Cuuununs
Shippcttsbtu'g, PA 17257
(717) 530-1311
I
Date: !-C, -CL4
TO: Apartment. if ?(0 m S
PROM: Stonc Ridge and College Park Management
This is to notify you that you arc DELINQUENT and you have
been charged the following late charges:
Expense Amount Due Date Late Pce
jai. I?-1 v? _ ,.cr
A ,n
S
fir' (z C,- en>
You will continue to receive monthly late charges until U.ICSC
expenses are paid! ! ! ! ! ! !
00 'd 00000000000000000000 'ON xv, Wd HM GIM b00d-IZ-NyC
Stone Ridge and College Park Comm-eons
109 Stone Ridge Commons
Sbippensburg,PA 17257
(717) 530-1311
,
Date: c r 4
TO: Apartment #
FROM: Stone Ridge and College Park Management
This is to notify you that you are DELINQUENT and you have
been charged the following late charges:
Expense Amount
X11
fly(- vq, r
?? , ?.;, 1?,?? •?i- CRS t-? `l,? 1. sz?
Due Date Late Pee
1??, -l-(--,-, C:o
1?-?y;? ?U.oc
You will continue to receive monthly late charges until these
expenses are paid!!!!!!!
L0 'd 00000000000000000000 'ON Xb? Wd H:vo 43M POH-2-NVF
Stone Ridge and College Parr Commons
109 Stone Midge Commons
Sliippcn5burg, PA 17257
(717) 530-1311
Date: 1 C1 - O4
TO: Apartment 0 ? YZ,
FROM: Stone Ridge and College Park Management
This is to notify you that you are DELINQUENT and you have
been charged the following late charges:
Expense Amount
or.
•.?e?4h?r: Lu,_,.r?,r?e. ?:? 1 rF l ,lug
Due Date Late Fee
q-\ 3 4:70-ua
..? C)',
You will continue to receive monthly late charges until these
expenses are paid 1 ! ! ! ! 1!
RO 'd 00000000000000000000 'ON Xdd Wd 6Z: K UM b00Z-2-Ndf
Stone Ridge and College Parr Commons
109 Stone Ridge Commons
Shippensburg, PA 17257
(717)530-1311
Date:
TO: Apartment tR 2 e 'S
FROM: Stone Ridge and College Park Management
This is to notify you that you are DELINQUENT and you have
been charged the following late charges;
Expense Amount Due Date Late Fee
.dIYi1<^;?r?ri,. 4 `tr,,( r', 1ll';i4 7 I/i, i:'(7
r\-)
erg C'-?o-ern (kien•1•? ?n;;2?r^C (o-? -v3 _
You will continue to receive monthly late charges until these
expenses are paid!!!!!!!
60 'd 00000000000000000000 'ON XUA Wd H:: D Q3M bOH-lZ-NVF
Stone Ridge and College Park Conu-nons
109 Sluthe Ridge Commons
Shippensburg, PA (7257
(717)530-1311
Date: j _\-o? 1
TO: Apartment 11(.. ry?S
PROM: Stone Ridge and College Park Management
This is to notify you that you arc DELINQUENT and you have
been charged the following late charges:
Expense Amount Due Date Late Fec
//
You will continue to receive )Homily late charges until these
expenses are paid!!!!!!!
01 'd 00000000000000000000 'ON XV1d HN a3m b00z-H-Ndr
EXHIBIT "C"
II
JAN-16-2004 FRI 04:46 PM
FAX NO. 00000000000000000000 P. 19
SHIPPENSBURG UNIVERSITY FOUNDATION
109 Stone Ridge Commons
Shippensburg,Pa 17257
(717) 530-1311
TO: TENANTS
26 Middle Springs Avenue
Shippensburg, PA 17257
DATE: October 13, 2003
RE: NOTICE TO QUIT
TAKE NOTICE THAT YOU ARE JUSTLY INDEBTED TO SHIPPENSBURG UNIVERSITY
FOUNDATION, THE LANDLORD OF THE ABOVE REFERENCED PREMISES, IN THE SUMS, AS SET
FORTH BELOW, REPRESENTING UNPAID RENT, LATE CHARGES AND UNPAID SECURITY
DEPOSIT. YOU ARE REQUIRED TO PAY SAID SUMS ON OR BEFORE THE EXPIRATION OF
FIFTEEN DAYS IS FROM THE DATE OF THIS NOTICE OR SURRENDER PREMISES TO
SHIPPENSBURG UNIVERSITY FOUNDATION, IN DEFAULT OF WHICH SHIPPENSBURG
UNIVERSITY FOUNDATION WILL COMMENCE SUMMARY PROCEEDINGS UNDER THE LAWS OF
THE COMMONWEALTH OF PENNSYLVANIA TO RECOVER THE POSSESSION OF SUBJECT
PREMISES.
TAKE FURTHER NOTICE THAT FAILURE TO MAKE THE PAYMENTS REQUESTED HEREIN MAY
OBLIGATE YOU TO PAY ADDITIONAL FEES, COSTS OR PROCESS, AND COURT COSTS.
UNPAID RENT: JEFF BERGEN 862.00 6-1-03
JEFF BERGEN 721.50 9-1-03
JOSHUA CARNES 862.00 6-1-03
JOSHUA CARNES 721.50 9-1-03
BRIAN HOUPT 512.00 6-1-03
BRIAN HOUPT 721.50 8-1-03
SHANE KOWAL 362.00 9-1-03
JASON MITCHELL 721.50 9-1-03
JOHN RUBINO 2.00 6-1-03
MIKE SAVAGE 202.00 6-1-03
MIKE SAVAGE 61.50 9-1-03
CHAD ZIEGLER 621.50 9-1-03
JAN-16-2004 FRI 04:47 PM
LATE CHARGES DUE:
SECURITY DEPOSIT DUE:
FAX NO, 00000000000000000000 P. 20
JEFF BERGEN
BRIAN HOUPT
SHANE KOWAL
JASON MITCHELL
MIKE SAVAGE
CHAD ZIEGLER
JEFF BERGEN
JOSHUA CARNES
BRIAN HODUPT
JASON MITCHELL
JOHN RUBINO
MIKE SAVAGE
CHAD ZIEGLER
100.00
100.00
50.00
50.00
50.00
50.00
240.50
181.62
240.50
240.50
240.50
240.50
240.50
TOTAL AMOUNT DUE: $8395.62
EXHIBIT "D"
12
COMMONWEALTH OF PENNSYLVANIA LANDLORD AND
COUNTY OF: Cumberland TENANT COMPLAINT
Magisterial District Number: PLAINTIFF: NAME and ADDRESS
09-3-01
F- Shippensburg Univ. Found. ?
District Justice Name: Hon. 1871 Harold E. Bender ShipOldpensburgMain Drive
Address: 81 Walnut Bottom Road hip, PA 17257
PO Box 361
Shippensburg, PA 17257 VS. J
Telephone: (717)532-7676
DEFENDANT: NAME and ADDRESS
See attached.
26 Middle Springs Avenue
Shippensburg, PA 17257
I_ J
Docket No.: ,
Date Filed:
TO THE DEFENDANT: The above named plaintiff(s) asks AMOUNT DATE PAID
judgment together with costs against you for the
possession of real property for: Filing Costs $ i /
Lease is ® Residential Postage $ 1 1
? Nonresidential. Service Costs $
Constable Ed. $
Total $
® Damages for injury to the real property, to wit: 4 broken windows;
2 repairs to front door; 2 cleanings of trash in the amount of: IS 933.00
? Damages for the unjust detention of the real property in the amount of $
? Rent remaining due and unpaid on filing date in the amount of $
? And additional rent remaining due and unpaid on hearing date $
? Attorney fees in the amount of $
Total: $ 933.00
THE PLAINTIFF FURTHER ALLEGES THAT:
1. The location and address, if any, of the real property is 26 Middle Springs Ave., Shippensburg, PA
2. The plaintiff is the landlord of that property.
3. He leased or rented the property to you or to all Defendants under whom you claim.
4. ® Notice to quit was given in accordance with law, or
® No notice is required under the terms of the lease.
5. ? The term for which the property was leased or rented is fully ended, or
? A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit:
® Rent reserved and due has, upon demand, remained unsatisfied.; c9flection of itt p?led ;ent its Subtject to
1?`,oamonPyeasdoCumDerland CouCtyr of
6. You retain the real property and refuse to give up its possession.
(,Jennifer Zimmerman, Esquire, verify that the facts set forth in this complaint are true and
correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904
of the Crimes Code (18 PA. C.S. § 4904) relating to unsworn falsification to auth?s.N?J
AN' lign'ature of Plaintiff)
Jennifer Zinmerman, Esquire s Agg 61f{&Rs rg, PA 17108-1146 ( )717=233-5731
(Plaintiff's Attorney) (Address) (Phone)
IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of
the premises, which is in the district justice jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office
BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if
claimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the
Magisterial District Court at the above address or telephone number. We are unable to provide transportation.
Remarks and Summary of Testimony May be Recorded on Reverse Side.
AOPC 31 OA-02
Defendants:
Anthony Bonafede, Mike Savage, Lucas Lyons, Jason Mitchell, Brian Houpt, Jeff Bergen,
Richard P. Eide, III, Josh Carnes, John Rubino, Shawn Kowal, Chad Ziegler, Jason Engro,
individually and jointly as Tenants of 26 Middle Springs Avenue.
502556.1
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00654 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIVERSITY FOUNDA
VS
BONAFEDE ANTHONY ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BONAFEDE ANTHONY the
DEFENDANT , at 1530:00 HOURS, on the 20th day of February , 2004
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257 by handing to
JASON ENGRO, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.49
Affidavit .00
Surcharge 10.00
.00
42.49
Sworn and Subscribed to before
me nthis ? 4 t day of
-11- cv ?W `/ A. D.
So Answers:
R. Thomas Kline
02/23/2004
RHOADS & SINON
By:
( eputy heriff
(4r, ?
rothonotary '
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00654 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIVERSITY FOUNDA
VS
BONAFEDE ANTHONY ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SAVAGE MIKE
the
DEFENDANT , at 1530:00 HOURS, on the 20th day of February , 2004
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257 by handing to
JASON ENGRO, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing his attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this a G - day of
?y?- l eVU¢4t??Qry/y?
P dthonotary / .
So Answers:
R. Thomas Kline
02/23/2004
RHOADS & SINON
By:
i
putt' Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00654 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIVERSITY FOUNDA
VS
BONAFEDE ANTHONY ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
LYONS LUCAS
the
DEFENDANT , at 1530:00 HOURS, on the 20th day of February , 2004
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257 by handing to
JASON ENGRO, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this .21, m day of
A. D.
Prothonotary
So Answers::
R. Thomas Kline
02/23/2004
RHOADS & SINON
By:
?. belput Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00654 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIVERSITY FOUNDA
VS
BONAFEDE ANTHONY ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MITCHELL JASON
the
DEFENDANT , at 1530:00 HOURS, on the 20th day of February , 2004
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257 by handing to
JASON ENGRO, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
So Answers:
C
R. Thomas Kline
02/23/2(
RHOADS F
Sworn and Subscribed to before By.
me this 2(, day of
LProthonotaryj
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00654 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIVERSITY FOUNDA
VS
BONAFEDE ANTHONY ET AL
CPL. MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HAUPT BRIAN
the
DEFENDANT , at 1530:00 HOURS, on the 20th day of February , 2004
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257 by handing to
JASON ENGRO, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this d6 _ day of
J 207J / A.D.
u,
rothonotary
So Answers:
f
R. Thomas Kline
02/23/2004
RHOADS & SINON
By: i
C?
Deputy Sh iff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00654 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIVERSITY FOUNDA
VS
BONAFEDE ANTHONY ET AL
CPL. MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BERGEN JEFF
the
DEFENDANT , at 1530:00 HOURS, on the 20th day of February , 2004
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257 by handing to
JASON ENGRO, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this .24 ` day of
?? 2 a,7 a 00 If A.D.
0 /Prothonot' a `
So Answers:
a
R. Thomas Kline
02/23/2004
RHOADS & SINON
By:_
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00654 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIVERSITY FOUNDA
VS
BONAFEDE ANTHONY ET AL
CPL. MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
EIDE RICHARD P III the
DEFENDANT , at 1530:00 HOURS, on the 20th day of February , 2004
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257 by handing to
JASON ENGRO, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ;?L It day of
xUOY A. D.
c n
othonotary
So Answers:
R. Thomas Kline
02/23/2004
RHOADS & SINON /
By:
Deputy Sheriff
/?4ff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00654 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIVERSITY FOUNDA
VS
BONAFEDE ANTHONY ET AL
CPL. MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CARNES JOSH
the
DEFENDANT , at 1530:00 HOURS, on the 20th day of February , 2004
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257 by handing to
JASON ENGRO, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me{ this a6 day of
'-077 4 A (2Lw,, )
rot
honotary
So Answers:
R. Thomas Kline
02/23/2004
RHOADS & SIWeput By:
y Sh eri
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00654 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIVERSITY FOUNDA
VS
BONAFEDE ANTHONY ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
RUBINO JOHN
the
DEFENDANT , at 1530:00 HOURS, on the 20th day of February , 2004
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257 by handing to
JASON ENGRO, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this -10- day of
am Ll A.D.
Prothonotary
So Answers
R. Thomas Kline
02/23/2004
RHOADS & SINON
By:
uty S er
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00654 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIVERSITY FOUNDA
VS
BONAFEDE ANTHONY ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
KOWAL SHAWN
the
DEFENDANT , at 1530:00 HOURS, on the 20th day of February , 2004
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257 by handing to
JASON ENGRO, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me-?(( this 6 day of
A.D.
,2 UV 1'^F,,
2 A ,2n
w,Prothonotary
So Answers:
R. Thomas Kline
02/23/2004
RHOADS & SINON
By:
eputy Sheri
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00654 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIVERSITY FOUNDA
VS
BONAFEDE ANTHONY ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ZIEGLER CHAD
the
DEFENDANT , at 1530:00 HOURS, on the 20th day of February , 2004
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257 by handing to
JASON ENGRO, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this .2 ? day of
a 0-aq A.D.
othonot h r / eP - '
So Answers:
R. Thomas Kline
02/23/2004
RHOADS & SINON
BY: / ,
She
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00654 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIVERSITY FOUNDA
VS
BONAFEDE ANTHONY ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ENGRO JASON
the
DEFENDANT , at 1530:00 HOURS, on the 20th day of February , 2004
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
JASON ENGRO
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this .26 ?? day of
7 u J00 y A.D.
othono/rt
So Answers:
R. Thomas Kline
02/20/2004
RHOADS & SI O
By.
eputy S iff
SHIPPENSBURG UNIVERSITY
FOUNDATION,
Plaintiff
V.
ANTHONY BONAFEDE, MIKE
SAVAGE, LUCAS LYONS, JASON
MITCHELL, BRIAN HOUPT, JEFF
BERGEN, RICHARD P. EIDE, III,
JOSH CARNES, JOHN RUBINO,
SHAWN KOWAL, CHAD
ZIEGLER, JASON ENGRO,
individually and jointly as tenants of
26 Middle Springs Avenue,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-654 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly discontinue, with prejudice, the above-captioned matter and mark it closed
for the record.
Respectfully submitted,
RHOADS & SINON LLP
By:
tanley . S ith, Esquire
PA I.D. No. 33782
Jennifer Zimmerman, Esquire
PA I.D. No. 89459
One S. Market Sq., 12th Floor
Harrisburg, PA 17101
717.233.5731
Attorneys for Plaintiff
DATED: October 16, 2007
666927.1
.?,a
Fri