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HomeMy WebLinkAbout06-3399 MICHAEL L. BANGS, ESQUIRE I.D.#41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF DONALD E. SLIKE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDERICK L. SULLENBERGER, KRISTIE L. SULLENBERGER and ALLAN J. HAULMAN, Defendants NO. 2006 - 339p CIVIL TERM CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 DONALD E. SLIKE, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2006 - 3349 CIVIL TERM FREDERICK L. SULLENBERGER, ) KRISTIE L. SULLENBERGER and ) CIVIL ACTION ALLAN J. HAULMAN, ) Defendants ) COMPLAINT AND NOW comes the Plaintiff, DONALD E. SLIKE, by and through his attorney Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, Donald E. Slike, is an adult individual who, for purposes of this Complaint, has an address of 1302 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania (hereinafter "Slike") 2. Defendants Frederick L. Sullenberger and Kristie L. Sullenberger, are husband and wife who reside at 24 Lancaster Avenue, Enola, Cumberland County, Pennsylvania (hereinafter "Sullenberger"). 3. Defendant Allan J. Haulman is an adult individual who resides at 58 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania (hereinafter "Haulman"). 4. Slike is an owner of a certain property located at 6581 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Premises"). e 5. Defendants Sullenberger entered into a certain lease agreement for the lease of the Premises, said lease dated August 17, 2001. Attached hereto and marked as Exhibit A is a true and correct copy of the lease. 6. On or about July 10, 2002, Defendant Haulman, along with Defendants Sullenberger and Slike, entered into a Second Addendum to the lease agreement which added Defendant Haulman to the original lease. Attached hereto and marked as Exhibit B is a true and correct copy of the Second Addendum. 7. The terms of the lease, including the Second Addendum, were a triple net lease whereby the Defendants collectively were required to pay rent under its terms, the taxes, insurance, utilities and maintenance including all sewer charges. 8. Since the inception of the lease, the Defendants have made sporadic and irregular payments and have not kept up in a timely manner under the terms and conditions of the lease. 9. The last payment received by any of the Defendants was on or about September 23, 2003. 10. Defendants have been repeatedly notified that their payments have not been timely or in accordance with the terms of the lease. 11. Under the terms of the lease, Slike is entitled to five (5%) percent penalty for any payments due and owing under the lease which are not paid within five (5) days following the due date. 12. Defendants individually and collectively have a duty under the terms of the lease to make the payments when due. 13. Defendants individually and collectively have breached the terms of the lease by their failure to make all payments due and owing under the lease. 14. Slike has been damaged as a result of the breach of the terms of the lease by the Defendants. 15. Slike has notified the Defendants that through the month of June, 2006, there is a total due and owing of $73,071.15. 16. Rent due and owing under the terms of the lease continues to accrue each month and Slike will continue to be damaged in the amount of any unpaid obligations under the terms of the lease. 17. In accordance with the terms of the lease, Slike is entitled to collect, in addition to the amounts due and owing, reasonable attorney's fees incurred by Slike. 18. Slike has hired Michael L. Bangs, Esquire, at the rate of $185.00 per hour. 19. Slike has been damaged in the amount of $73,071.15 plus additional charges due and owing under the lease plus the reasonable attorney's fees. WHEREFORE, Slike demands judgment against the Defendants, both individually and collectively, in the amount of $73,071.15 plus additional amounts due and owing under the terms of the lease plus reasonable attorney's fees plus costs of suit. Respectfully submitted, 7 MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 VERIFICATION PURSUANT TO Pa. R.C.P. 1024(c) I, MICHAEL L. BANGS, Esquire, counsel for Donald E. Slike, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief based upon information and documents provided to me by Donald E. Slike. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: r-? 0? 1/ w 2/ MICHAEL L. BANGS, Esq6pd EXHIBIT A This Agreement, made the (I i4 day of va ?5 A. D. 2001 Between Donald Slike of the one part, and Frederick L. Sullenberger and Kristie L. Sullenberger of the other part, Witnesseth, that the said party, in consideration of the rents and covenants hereinafter mentioned, do demise and lease unto said second party, to be used as a restaurant, the premises situate in Silver Spring Township, Cumberland County, state of Pennsylvania, described as follows: Commercial building, containing appro)dmately 2,580 square feet, at 6581 Carlisle Pike, Mechanicsburg, Pennsylvania, previously occupied as Pallotta's Pizza. To have and to hold unto said second party, subject to the conditions of this agreement, for the term beginning on the 11 tt" day of AL(f ur j 2001, and ending on the L ! day of 00-(v 2006. In consideration of which said second party agree that they will pay to the said first party for the use of said premises, the sum described in paragraph 22 and other consideration hereinafter mentioned under this triple-net Lease Agreement. THE DEMISE HEREIN CONTAINED IS MADE AND ACCEPTED ON THE FOLLOWING EXPRESS CONDITIONS: 1. No waste shall be committed; and at the end of the said term the demised premises shall be delivered in as good condition as at the commencement thereof, ordinary wear and tear and unavoidable damage by fire, tempest and lightning excepted 2. The rent reserved shall be promptly paid on the several days and times herein specified without deduction or abatement, at the principal office of the said Lessor. 3. If the Lessee should remove or prepare to remove, or attempt to remove from the premises hereby leased before the expiration of the term or at any time during the continuance of this lease, or if the Lessee shall be in default in the payment of any installment of rent for the period of thirty (30) days, or should there be a default in any of the covenants or conditions as herein contained, then in that event, rent for the term of six months at the rate which it is then due and collectible under the terms of this lease shall immediately become due and payable and shall be collectible by distraint or otherwise. 4. At the expiration of the term the demised premises will be restored at the option of the Lessor in the same condition in which they were at the commencement of the term, and the cost of the said restoration shall be paid by the Lessee, which cost will be treated as additional rent due and owing under the terms of the lease. 5. A holding over by the Lessee beyond the term of this lease shall be a renewal of the term of this lease for another like term, and the said renewal shall be under and subject to all the provisions as contained in this agreement of lease; provided however, that such renewal shall be at the option of the Lessor. 6. The Lessor shall not be liable to the Lessee for any damage which may be caused to the Lessee by the failure of the Lessor, if said failure is not due to any fault on his part, to give possession of the premises herein demised, at the time agreed upon. 7. Said Lessee shall not carry on any unlawful or immoral business in or about the demised premises, and shall not carry on any business which will endanger the building from fire or cause a forfeiture of any fire insurance that the Lessor has or may hereafter have on said building. 8. The Lessee agrees to pay all bills which may be incurred for light, heat or power used or consumed upon the demised premises, and also all bills for water rent which may accrue for water used during the term of the lease. The Lessor shall not be responsible in any way in the event that the supply of heat is cut off by reason of any cause beyond the control of the Lessor. And the Lessee does hereby release the Lessor from any damage which may result to him by reason of the failure of the supply of heat. Should the Lessee fail to pay any bills as aforesaid, the Lessor shall have the right to pay the same, and the amount as paid shall be chargeable to the Lessee as additional rent. The Lessee agrees to keep the plate glass insured at his own risk 9. The Lessee agrees to keep the premises in a good condition of repair. All refuse of any kind shall be removed from the premises at the cost of the Lessee at least once a week or oftener, if need be. All snow shall be cleaned off from the sidewalks before it shall have frozen and become hardened. Should the Lessee fail to comply with the provisions of this clause of the lease, the Lessor may enter the premises and make said repairs or remove said refuse and do all other things as herein provided to be done by the Lessee at the expense of the Lessee, and said expense thus incurred may also be collected as additional rent under the lease. 10. In the event of the filing of a petition in bankruptcy, whether voluntary or involuntary, by or against the Lessee herein, there shall become due immediately upon the filing of said petition, rent for twelve months, at the rate that the rent is then payable under this agreement of lease, and the Lessor shall have the further right in said event, to forfeit and terminate this lease. The said forfeiture to be effected by giving notice in writing to the Lessee herein or to the person then in charge of the demised premises. Should an execution issue against the Lessee out of any court, twelve months' rent shall thereupon become due and owing. 11. In the event that the premises occupied by the Lessee shall during said term be destroyed by fire, thereby making the premises untenantable and unfit for occupancy so that the owners thereof deem it advisable to construct a new building, the Lessor herein shall thereupon have the right to cancel and terminate this lease upon giving fifteen days' notice in writing to the Lessee herein, and the term of this lease shall thereupon cease at the expiration of fifteen days after the expiration of said notice. In the event, however, that the said building shall be damaged by fire, but not destroyed, the Lessor will thereupon cause the same to be repaired and restored to its former condition, they to act with the greatest possible diligence, and if the said fire shall have rendered the premises untenantable, payment of rent thereunder shall be suspended from the time when the Lessee herein shall notify the Lessor of such condition, until such time as the building is so repaired and again ready for occupancy, and the Lessee herein agrees that in the event that the building shall be so partially destroyed by fire as to render said repairs necessary that the said Lessor shall thereupon have the right through his servants and agents, and that the servants and agents of any contractor employed by the Lessor shall have the right to take possession of the premises for the purpose of making such repairs, and the so taking of possession shall not be an eviction of the Lessee herein and shall in no manner affect this term of lease. 12. The said Lessee hereby confesses judgment for the rent reserved under this agreement of lease, together with an attorney fee of ten percent for collection, and execution may be issued thereon from time to time for any rent due and owing under this lease, and judgment in ejectment as herein provided may be entered concurrently therewith. Y 13. The Lessee does hereby, upon breach of any of the conditions or covenants of this lease during the original term or any renewal, and also when and as soon as the term hereby created or any extension or renewal thereof shall have expired agrees that an amicable action of ejectment may be entered by the Prothonotary of the Court of Common Pleas of the County of Cumberland as if a complaint in ejectment has been filed by the Lessor as plaintiff against the Lessee as defendant for all and singular the property herein described and as if said complaint in ejectment had been duly served personally upon the Lessee by the Sheriff of said County within said County and had been duly returned by said Sheriff served personally upon said Lessee, and the said Lessee hereby authorizes and empowers any attorney of any court of record to appear for the Lessee in said amicable action of ejectment and confess judgment therein in favor of the Lessor and against the Lessee for said premises and said Lessee further authorizes the immediate issuance of a writ of possession upon a praecipe therefor by the plaintiffs attorney and the Lessee hereby waives any and all right of stay of execution and releases to the Lessor all errors and defects whatsoever in entering said action or judgment or in causing said writ to issue or in any proceeding thereon or concerning the same and agrees that no writ of error, objection or exception shall be made or taken thereto, and if after execution and return of the writ the defendant shall re-enter into possession, the prothonotary, upon praecipe and affidavit setting forth the facts, filed within three years after the return of the writ upon which execution was completed shall issue a new writ of possession 14. And further, it is agreed and understood that the Lessor, his heirs, or assigns, may enter the premises hereby leased at any time, with 24 hours notice, during the term, either in the presence or absence of the said Lessee for the purpose of ascertaining whether the said premises are kept in good order and repair during business hours. Further, that the Lessor reserves the right to display a "for rent or sale" sign upon the said premises, and to show same to prospective tenants or buyers ova 1.( vkN 2 e?-,^ 4 a rpv,ewcs op?L,1% is V\Ok f-FVUdeck 15. All damages or injuries done to the said premises other than those caused by fire and by ordinary wear and tear or by the acts or omission of the landlord shall be repaired by the Lessee herein. And the Lessee covenants and agrees to make said repairs upon fifteen days' notice given to trim by the Lessor, and if he shall neglect to make said repairs or commence to make the same promptly or within ten days after said notice as given to him, the Lessor shall have the right to make the said repairs at the expense and cost of the Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if the said expense is made at the expiration of the term, then the cost so made may be collected by the landlord as an additional rent for the use of the premises during the entire term. 16. And the said Lessee hereby accepts notice to quit, remove from, and surrender up possession of the said demised premises to the said Lessor, his heirs or assigns, at the expiration of the said term, whenever it may be determined, whether by forfeiture or otherwise, without any further notice to that effect, all further notice being hereby waived. And on failure to pay rent due, for the space of ten days besides the distress, or upon breach of any other condition of this lease, the Lessee shall be a non-tenant, subject to dispossession by the said Lessor, without further notice or process of law, with release of error and of damages, and the said Lessor may re-enter the premises and disposess the Lessee without thereby becoming a trespasser. And the Lessee hereby waives the benefit of all exemption laws of this Commonwealth that now are in force or may hereafter be in force, or in any action or actions that may accrue on this contract, and in any distress or distress that may be made for collection of the whole of said rent or any part thereof. Waiving also the benefit of stay of execution, inquisition, extension, and all errors, in all proceedings arising out of this lease. 17. No showcase, sign or hanging or protruding sign or permanent obstruction of any kind shall be kept or maintained by the tenant on, the reservation or sidewalk in front of the demised premises, said space to be used only for purpose of ingress and egress. T zti 18. The party of the second part will bear, pay and discharge when and as the same become due and payable all judgments and lawful claims for damages or otherwise against said parties of the first part arising from its use or occupancy of said leased premises or the sidewalk in front and side of said This Addendum to Lease is attached to and made a part of Lease Agreement between the parties hereto. This is a triple-net Lease Agreement. In the event of any conflict between the terms of the Lease and the terms of this Addendum, this Addendum shall control. 22. Lessee shall pay rent in accordance with the following schedule: (a) For the first two months or until the day Lessee opens for business, whichever shall first occur, Lessee shall receive "free" rent. During this "free" period, Lessee shall be responsible for taxes, insurance, utilities and maintenance. (b) For the next twenty-four months, at the rate of $2,000.00 per month. (c) For the next twelve months, at the rate of $2,100.00 per month. (d) For the next twenty-four months, at the rate of $2,250.00 per month. 23. All rental payments are due on the 7 day of the month (to be determined based on 22(a) above). A five percent (5%) penalty shall be added for any payment not received within five days following the due date. 24. All notices to Lessor shall be in writing, addressed as follows: Mr. Donald E. Slike P. O. Box 292 Camp Hill, PA 17001-0292 25. Lessee shall pay all rent to 1302 Slate Hill Road, Camp Hill, Pennsylvania or mail to P.O. Box 292, Camp Hill, PA 17001-0292, unless notified in writing of change in address by Lessor. 26. Lessee shall be responsible for all sewer charges, along with all other utilities as set forth in paragraph 8. 27. At lease inception, Lessor agrees to make repairs to the front section of the roof, replace the rear section of the roof, resurface and stripe the parking lot, and make sure the air conditioning system is operational. Subsequently, Lessee shall keep the premises, both interior and exterior, including parking lot, signage, sidewalk, driveways, roof, spouting, heating, air conditioning, plumbing, electrical system and other equipment in good repair, and replace all glass broken with glass of equal quality, and at the end of the term, surrender and deliver the Premises to the Lessor in good order and condition, reasonable wear and use only excepted. In the event that the roof has been properly maintained by Lessee and requires repair, Lessor agrees to repair the roof. In the event Lessor does not repair the roof when needed, Lessee may, after thirty (30) days written notice to Lessor, repair the roof and such expense shall be considered rent and may be deducted from payment of such rent. Lessee's obligations to maintain and repair shall include, but not be limited to, doors, any devices or appurtenances thereto, plate glass and windows. Lessee agrees to purchase and maintain at all times during the term of this Lease and any renewal option a comprehensive maintenance agreement for the heating and air conditioning units. W Lessee shall be responsible for and pay for the cost of housekeeping of the Premises, including lawn and landscaping care, sweeping, trash removal, snow removal, lighting and striping of any parking area. Lessee shall make, at its sole cost and expense, all repairs necessary to maintain the Premises and the fixtures in neat and orderly condition. If Lessee refuses or neglects to make such repairs, or fails to diligently prosecute the same to completion, after written notice from Lessor of the need therefor, Lessor may make such repairs at the expense of Lessee and such expense shall be collectable as additional rent. 28. Lessee shall, within thirty (30) days of receipt of billing from Lessor, reimburse Lessor the pro-rata cost of real estate taxes (at face) and insurance for the leased premises. 29. Lessee shall have the option to renew this Lease Agreement for two additional five (5) year terms, provided a six (6) months written notice (prior to the expiration of the then-current lease term) of intention to exercise the option is provided to Lessor. The monthly rental for each year of the option period(s) shall be negotiated based on the fair- market rental at that time; the rent shall, however, in no way be less than Two Thousand Two Hundred Fifty Dollars ($2,250.00) per month. The second option is automatically forfeited if the first option is not exercised. 30. In the event of a filing of a petition in bankruptcy, either voluntary or involuntary, Lessor shall be entitled to all rights permitted under the Bankruptcy Code, and Lessee shall provide adequate assurance of future rentals or this Lease shall terminate. 31. Lessee shall maintain insurance on the contents of the property and liability insurance, listing Lessor as additional insured, and shall indemnify, hold harmless and defend Lessor from and against any and all costs, expenses (including reasonable counsel fees) liabilities, losses, damages, suits, actions, fines, penalties, claims or demands of any kind asserted by or on behalf of any person or governmental authority, arising out of or in any way connected with, and Lessor shall not be liable on account of (a) any failure by Lessee to perform any of the agreements, terms, covenants or conditions of the Lease Agreement required to be performed by Lessee; (b) any failure by Lessee to comply with any statutes, ordinances, regulations or orders of any governmental authority; or (c) any accident, death or personal injury, or damage to or loss or theft of property, which shall occur in or about the Premises. 32. If less than 50% of the Premises shall be damaged or destroyed by fire, or other casualty, Lessor shall, at its own cost and expense, promptly repair and restore the Premises, including any leasehold additions or improvements covered by Lessor's insurance (but excepting Lessee's trade fixtures, equipment or other personal property) made thereto or thereon to a condition substantially equal to the condition of the Premises r, immediately prior to such damage. Such repair shall be completed within a period of one hundred twenty (120) days after such damage. The rent and other charges shall abate from the date of the damage until the Lessor shall have repaired or restored the premises to the condition described above. Should more than fifty percent (501/o) of the Premises leased herein be damaged or destroyed by fire during the last year of the lease term, either party shall have the option to terminate this Lease upon fifteen (15) days notice in writing to the other from the date of the damage. 33. If Lessor must commence legal action against Lessee for collection of rent or for possession upon default and such action is successful, Lessee shall be liable for reasonable attorney fees for such efforts and/or legal proceedings. 34. Any entry by the Lessor pursuant to paragraph 14 cannot unreasonable interfere with the Lessee's normal business operations, and the Lessor shall be limited to posting "for sale" or "for rent" signs on the Premises to the last six (6) months of the Lease (or option period) or until after default in the payment of rent. 35. A security deposit of Two Thousand Dollars ($2,000.00) shall be paid by Lessee to Lessor at the signing of this Lease Agreement. This amount may not be used as rent at any time. 36. The premises is to be used as a restaurant only. Any other use must first be approved by Lessor in writing. 37. Lessee will not dispose of materials on the property, and will not process, store or handle any "hazardous substance" as defined in 42 USC section 9601 or any "hazardous waste" as defined in 42 USC section 6903, and Lessee shall be liable to Lessor, its successors and assigns, for any costs incurred in connection with the processing, storage or handling of hazardous wastes or hazardous substances on Lessor's property. 38. Lessor and Lessee agree that Lessee shall purchase from Lessor the existing walk-in freezer for Seven Hundred Fifty Dollars ($750.00). Payment in full shall be made within ninety days of Lessee's opening for business. 39. Lessor hereby grants to Lessee a Right of First Refusal to purchase the Premises during the base term of this Lease Agreement and any option term as described in Paragraph 30 ("Refusal Period"). In the event Lessor receives a bonafide written offer to purchase from a third party within the Refusal Period that Lessor is willing to accept, Lessor shall forward a true copy of said offer to Lessee. In the event Lessee does not accept the offer within ten (10) days following receipt of same, this Right of First Refusal shall expire and lapse and Lessor shall be free to sell according to the terms of the offer. In the event the terms of the offer are materially changed thereafter, Lessor shall resubmit ,, the offer to Lessee pursuant to the terms hereof. The Affidavit of Lessor to the bonafide purchaser shall be deemed to be conclusive evidence of Lessee's failure or refusal to accept the offer. If Lessor elects not to sell pursuant to the offer, the Lessee's Right of First Refusal shall not expire and shall continue during the Refusal Period. Notwithstanding the foregoing, the Right of First Refusal shall not arise with respect to a transfer by Lessor to a spouse, lineal descendant, and/or spouse of a lineal descendant of Lessor, or to an entity in which Lessor or a spouse, lineal descendants and/or the spouse of a lineal descendant own a fifty percent (50%) or greater interest (a Related Party), however, the Premises shall remain subject to the Right of First Refusal in the hands of such Related Party. Witness the hands and seals of the parties, the day and year first above written. Witnes UGC J Lessor: &r.. E. Donald E. Slike Lessee: Frede 'ck L. Sullenberger stie L. Sullenberger e, EXHIBIT B 6 WM DESRsso,!ates 717 761 0330 P•04 SECOND ADDENDUM TO LEASE AGREEMENT The Lease Agreement dated August 17, 2001, between Donald Slike as Lessor and Frederick L. Suilenberga and Kristie L. Sullenberger as Lessees is hereby amended to include Allot J. Haulman as an additional Loam. By signing below, all parties acimowledge and agree that Alien J. Hausman shall be an equal Lessee with the existing Lessees for the property at 6581 Carlisle Pike, Mechanicsburg, Pennsylvania, and shall be entitled to all benefits as Lessee and shall be jointly and severally responsible for all terms and conditions of Lessee thereof. Paragraph 20 of the original Lease Agreement shall be revised to permit the execution of this Second Addendum. All other terms and conditions of the original Lease Agreement not changed by this Second Addendum shall remain in M fora and effect. Wan 7/402 7/10102 - - - - _7J-J02 Kristie L. Sullengerger - Lessee Allan J. Haulman - Lessee J V r. n r y ?Cl ( T \ ? L. T n? 43 ?>t?t .. ti MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18' Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF Plaintiff vs. FREDERICK L. SULLENBERGER, KRISTIE L. SULLENBERGER and ALAN J. HAULMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3399 CIVIL CIVIL ACTION PRAECIPE Respectfully submitted, 7 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against Defendant Frederick L. Sullenberger and Defendant Kristie L. Sullenberger, individually and collectively, in the amount of $73,071.15, plus additional amounts due and owing under the terms of a certain lease with the Plaintiff, plus costs of suit, for their failure to file a responsive pleading in the above-referenced matter. I hereby certify that the attached Notice in accordance with Rule 237.1(a)(2) was mailed by regular mail on or about July 17, 2006, to Defendant Frederick L. Sullenberger and Defendant Kristie L. Sullenberger at 24 Lancaster Avenue, Enola, Pennsylvania, 17025. MICHAEL L. Attorney for F Date: ea' b J. MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 429 SOUTH 18' STREET CAMP HILL, PA 17011 (717) 730-7310 DONALD E. SLIKE, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2006-3399 CIVIL TERM FREDERICK L. SULLENBERGER, ) KRISTIE L. SULLENBERGER and ) CIVIL ACTION ALLAN J. HAULMAN, ) Defendants ) TO: KRISTIE L. SULLENBERGER 24 Lancaster Avenue Enola, PA 17025 DATE OF NOTICE: July 17, 2006 IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT 13ECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL L. BANGS Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18'" STREET CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF DONALD E. SLIKE, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY , PENNSYLVANIA VS. ) NO. 2006-3399 CIVIL TERM FREDERICK L. SULLENBERGER, ) KRISTIE L. SULLENBERGER and ) CIVIL ACTION ALLAN J. HAULMAN, ) Defendants ) TO: FREDERICK L. SULLENBERGER 24 Lancaster Avenue Enola, PA 17025 DATE OF NOTICE: July 17, 2006 IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Q '?- CHAEL L. BANGS Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18"' Street Camp Hill, PA 17011 (717) 730-7310 DONALD E. SLIKE, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2006-3399 CIVIL FREDERICK L. SULLENBERGER, ) KRISTIE L. SULLENBERGER and ) CIVIL ACTION ALAN J. HAULMAN, ) Defendants ) ADDRESS CERTIFICATION I hereby certify that the addresses of the Plaintiff and Defendants are as follows: Plaintiff: Donald E. Slike Post Office Box 292 Camp Hill, PA 17001-0292 Defendant: Frederick L. Sullenberger 24 Lancaster Avenue Enola, PA 17025 Defendant: Kristie L. Sullenberger 24 Lancaster Avenue Enola, PA 17025 MICHAEL L. BANG 1 Attorney for Plaintiff () ? ? {' <??,, 'y, fi ? ?. ?. U ?' p ??. ?? ? J -E- 's t1 ? ?,. ,., r ? -? ?.: ? ._ ,? ''? `?? tit. ? I, c? '? ? _ ? ;? MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18a' Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF DONALD E. SLIKE, ) Plaintiff ) VS. ) FREDERICK L. SULLENBERGER, ) KRISTIE L. SULLENBERGER and ) ALAN J. HAULMAN, ) Defendants ) IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3399 CIVIL CIVIL ACTION NOTICE PURSUANT TO RULE 236 TO: KRISTIE L. SULLENBERGER Defendant(s) You are hereby notified that on . 200 L, the following (Judgment) (Order) (Decree) has been entered a ainst you in the above-captioned case: $73,071.15, plus additional amounts due and owing under the terms of a certain lease with the Plaintiff, plus costs of suit. _ n DATE: F Pr onotary I hereby certify that the name and address of the proper person(s) to receive this notice is Kristie L. Sullenberger 24 Lancaster Avenue Enola, PA 17025 A: KRISTIE L. SULLENBERGER Defendido/a o Defendidos/as Por este medio se le esta notificando que el de del 20_, el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe: $73,071.15, plus additional amounts due and owing under the terms of a certain lease with the Plaintiff, plus costs of suit. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Kristie L. Sullenberger 24 Lancaster Avenue Enola, PA 17025 MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 E. SLIKE, Plaintiff VS. FREDERICK L. SULLENBERGER, KRISTIE L. SULLENBERGER and ALAN J. HAULMAN, Defendants ATTORNEY FOR PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3399 CIVIL CIVIL ACTION NOTICE PURSUANT TO RULE 236 TO: FREDERICK L. SULLENBERGER Defendant(s) You are hereby notified that on lot-t-0 2-P 20?? the following (Judgment) (Order) (Decree) has been entered a ainst you in the above-captioned case: $73,071.15, plus additional amounts due and owing under the terms of a certain lease with the Plaintiff, plus costs of suit. DATE: Pr onotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Frederick L. Sullenberger 24 Lancaster Avenue Enola, PA 17025 A: FREDERICK L. SULLENBERGER Defendido/a o Defendidos/as Por este medio se le esta notificando que el de del 20_, el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe: $73,071.15, plus additional amounts due and owing under the terms of a certain lease with the Plaintiff, plus costs of suit, FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Frederick L. Sullenberger 24 Lancaster Avenue Enola, PA 17025 MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF DONALD E. SLIKE, Plaintiff vs. FREDERICK L. SULLENBERGER, KRISTIE L. SULLENBERGER and ALAN J. HAULMAN, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3399 CIVIL CIVIL ACTION PRAECIPE Please mark the above-referenced matter settled as it relates to Defendant Alan J. Haulman only. Respectfully submitted, Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 'MICHAEL L. BANG Date: September 5, 2006 C? ?a. •? a d ? p ,?.. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03399 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLIKE DONALD E VS SULLENBERGER FREDERICK L ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HAULMAN ALLAN J the DEFENDANT at 1950:00 HOURS, on the 21st day of June 2006 at 58 PINE RIDGE CIRCLE ENOLA, PA 17025 by handing to 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: So Answers: Docketing 6.00 Service 13.20 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 29.20 06/22/2006 OkMICHAEL BANGS Sworn and Subscibed to By: before me this of A. D. a day pu S ri f SHERIFF'S RETURN - REGULAR CASE NO: 2006-03399 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLIKE DONALD E VS SULLENBERGER FREDERICK L ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the SULLENBERGER KRISTIE L was served upon DEFENDANT at 1943:00 HOURS, on the 21st day of June 2006 at 24 LANCASTER AVENUE- ENOLA. PA 17025 KRISTIE SULLENBERGER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 / 16.00 ? 06/22/2006 9MICHAEL BANGS Sworn and Subscibed to By: before me this day e 1041 t S e ff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03399 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLIKE DONALD E VS SULLENBERGER FREDERICK L ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SULLENBERGER FREDERICK L the DEFENDANT , at 1943:00 HOURS, on the 21st day of June 2006 at 24 LANCASTER AVENUE ENOLA, PA 17025 by handing to KRISTIE SULLENBERGER, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Postage 39 Surcharge 10.00 R. Thomas Kline .00 41.59 J 06/22/2006 MICHAEL BANGS L-1 d-O6 Sworn and Subscibed to By: Z;Vaj before me this day D p t iff of A.D. -4 MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18'' Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF LV1VtiLL L..7L11LL", Plaintiff vs. FREDERICK L. SULLENBERGER, KRISTIE L. SULLENBERGER and ALAN J. HAULMAN, Defendants. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3399 CIVIL CIVIL ACTION - LAW PRAECIPE Please mark the judgment entered against Frederick L. Sullenberger and Kristie L. Sullenberger as SATISFIED. Respectfully submitted, Date: q MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 FILED- LED-"-'r- il-';'E OF THE" Pp') ?nIOTARY 2009 DEC I I PH 3: 4 $8.oo Po ATM ox-t goo4 W*