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HomeMy WebLinkAbout07-5565I. up COURT OF COMMON PLEAS Judk W District, County Of ve I I COMMON PLEAS No.6-7 -SrL5 nutL , NOTICE OF APPEAL ?f1Lv?•? Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. 0 -00ftga 1-07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10098. This Notice of Appeal, when received by to District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT (see Pa. .D.J. No. 1001(6)li action a Db&k t Justice, A COMPLAINT MUST BE FILED within twenty (20) days aRer r* V the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon DJA N C / R6 a fl-14Q. appeNee(s), to flle a complaint in this appeal / MWM d apy{I?}(s) (Common Pleas No. - s,5' L U )vwithin twenty (20) RULE: To 04ji6l iv , appellee(b) V PPMWS) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of tht ride upon you by personal service or by certified or registered mall. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mall is the date o(t - mailing Date: , 206 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO K FLED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE E PROOF OF ,OFNOTNC (This Pf of senfe M JST BE P1 W l iNIN TEN COMMONWEALTH OF PdNNSYLVANIA COUNTY OF ; ss IL AND RULE TO FILE 'FR fyr ingr of the notice of kable boxes.) AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated thwein on (date of,service) 20 by personal service Q by (ceffiied) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on ,20 by Wsm* service ? by (certified? (r ) dtail, sender's receipt attached hereto. (S#AlQRId).(AFFI p) A Q;fiVSSWWD BEFORE ME THIS DAY OF , 20 Signahm of atlfant li Of . ., 4 .s.. _ My commission expires on 20 or- I - lu ?V 1 I -0 Cn "a try r`. ? .4 c: C ? 2: .. 4 .,,COMMONWEALTH OF PENNSYLVANIA t--ni wT'v nF• =1a=RIJWD Mag. Dist. No.: 09-3-03 MDJ Name: Hon. SUSAN E. DAY Address: 229 KILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 JO= 0. eMSLLHa11sR 5 KILL ST. LOT 8 MT. MOLLY SP=IifiAo a ?0 THIS IS TO NOTIFY Y T?A Judgment: ?Z Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rR0wnw, xawy 6645 EVZLYK ST. NARRISBDRQ, PA 17111 L J VS. DEFENDANT: NAME and ADDRESS rs8lLLH>11?1t, JOM>S 0 JR/Jons O Sit, =T, 5 KILL ST . , LOT 8 Mr. HOLLY SPRZYOS, PA 17065 L J JR., DEY. 1 Docket No.: LT-0000321-07 PA 17065 Date Filed: 8/29/07 !OR PLL=Xl *>r (Name) Judgment was entered against gH=?.,+ • &MM" v "'LI °"M" .. °" -- ® Landlord/Tenant action in the amount of $ 112.35 on 9/11/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Appli Rent in Arrears $ .00 $ 0UU= 0= Physical Damages Leasehold Property $ .00 . Damages/Unjust Detention $ -11110-1 0 Less Amt Due Defendant from Cross Complaint -- Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. ® Possession granted. Total Judgment in a Adjudicated Amou?t0 $ .00 _00 $ _OD $ _on $ _00 $ 112_35 $ _00 $ 112.35 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Possession granted if money judgment is no sa is le y time o eviction. Possession not granted. ? Defendants are jointly and severally liable. - IN AN.ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN 13E9 DAYS AFTER THE'DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS' OF THE COURT. OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY, IN ORDER TO OBTAIN A SUPERSEDEAS THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE.LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY, PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE,A.COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. 11 EXCEPT.AS OTHERWISE PROVIDED IN THE RULES ?OF CIVIL PROCEDURE FOR''MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS•TO'ENTER THE JUDGMENT IN THE`COUFIT`OF,COMIWN`PLEAS,'XLL FURTHER PROCESS MUSE. COME FROM THE COURT; OF,COMMQN,PLE1kS AND NO,FIjRfHER PROCESS MAYBE ISSI lIY Tr 61I Q,ISTERI[AL DiVrRICT JUDGE UNLESS-THE JUDGMENT IS ENTEREID IN THECOUFtT OF COMMON PLEAS; ANYONk INTERESTED INTTHE JUDGMENT MAY FILE A ROQUEST FOF? EN ikY?OFSATISFACTiON Vlt #T11E I?IAti1S1 ERAL' DISTRICT JUDGE'iF THE JUDGMENT DEBTOR PAYS IN FULL, `ETTLEB, OR OTHERWISE COMPLIES WITINiJUDAI1`. ?J n Date Date My commission exoires first Monday of January, 2010 SEAL District J District cr -n r r1i -T, I-f - ?3 3 -r #- _l il _ - `JCi t- r PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEA TH OF PENNSYLVANIA COUNTY OF ?.(?h ss AFFIDAVIT: I hereby ?wea (affirm) that I served ® a copy of the Notice of Appeal, Common Pleasol667` 5?pon the District Justice designated therein on (date of service) c 20 0-1 ® by personal service ? by (certified) (registered) mail, senders receipt attached hereto, and upon the appellee, (name) - Z",, on 20 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (S OR FFIRMED) A SUBS RIBED BEFORE ME THIS AY I ?? 20 1. ?? I Signature of official trefor' whom affidavit was m,?de Title of official I IF My commission expires on ?3CZ? 2-4 , 20? -I COMMONWEALTH OF PENNSYLVANIA NOTARIAL Egl-' DARCIE A. NEIL, Notary Public Boro of Carlisle, Cumberland County My Commission Expires Nov. 24, 2009 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.,i,, °,, , = ; 4tl NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT MAG. DNO. I NAME OF D.J. I CITY STATE- ZIP CQDE 7TWSSIUF AAPPKLARVI ..._. , DA OF J1DGPIEN THE CASE OF ( t (Defendant)' K _ l "o fk 1j ?1 1`l P iKi i This block will be signed ONLY when this notation is required under Pa. Ifappe/lant w laimant (see Pa. Rt .D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a bfAfore a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. l ' ?ft" of ` F"wndary or DepAy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon` appellee(s), to file a complaint in this appeal Name of a Ue?(s) (Common Pleas No. f r A f i , F , ) within twenty (20) days gifter servicQ of rule or suffer entry of judgment of non pros. ?r of appellant or atfomey or agent RULE: To l appellee(s) Na apWee(s) i (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by-personal servicA or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. r 1 Date: i 20 r ure orP,whonor a a YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID S. ROETING and NANCY L. ROETING, Plaintiffs NO. 07-CV - 5565 VS. CIVIL ACTION - LAW JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17103 1-800-990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID S. ROETING and NANCY L. ROETING, Plaintiffs NO. 07-CV - 5565 VS. CIVIL ACTION - LAW JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants AVISO USTED HA SIDO 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 como 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 suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17103 1-800-990-9108 (717) 249-3166 Shelly J. Kunkel, Esquire Supreme Court ID # 64485 Jean D. Seibert, Esquire Supreme Court ID # 41713 Wion, Zulli & Seibert 109 Locust Street Harrisburg, PA 17101 (717) 236-9301 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA DAVID S. ROETING and NANCY L. ROETING, Plaintiffs NO. 07-CV - 5565 VS. JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, David S. Roeting and Nancy L. Roeting, by and through their attorneys, Wion, Zulli & Seibert, and file the following Complaint: 1. Plaintiffs, David S. Roeting and Nancy L. Roeting, are married individuals with their principal residence at 54 Sweet Arrow Drive, Hummelstown, PA 17036. 2. Defendants, John O. Shellenhamer, Sr. and John O. Shellenhamer, Jr., are adult individuals, who reside at 5 Mill Street, Lot # 8, Mt. Holly Springs, Pennsylvania, 17065. 3. Plaintiffs are the fee simple owners of real property situate at 5 Mill St., Mt. Holly Springs, Pennsylvania, which property multiple lots containing mobile homes, including Lot #8 identified herein. 4. On or about February 1, 2006, Defendants entered into a residential Lease Agreement with Plaintiffs for the premises identified as 5 Mill Street, Lot # 8, Mt. Holly Springs, Pennsylvania. A true and correct copy of the original residential lease is attached hereto as Exhibit "A." 5. Pursuant to the first paragraph of said lease, the original term for Defendants' tenancy was established as one (1) year, which initial lease term expired on or about February 1, 2007. Thereafter, it is provided within the body of the lease that the lease term shall renew automatically "for a similar period" after the expiration of the initial lease term. 6. The monthly rental amount pursuant to the first paragraph of the lease is Four Hundred and Fifty Dollars ($450.00) per month beginning on February 1, 2006 and continuing on the first day of each and every month thereafter. 7. In addition to monthly rental payments, the lease provides that, with the exception of water, sewer and trash, Defendants were responsible for the payment of all other utilities, including the oil bill for the rented premises. 8. Defendants received rental assistance from the Pennsylvania Housing Agency under a Section 8 Housing Assistance Payments contract ("HAP"), which 2 assistance is predicated upon the Defendants maintaining certain eligibility requirements. A copy of the Tenancy Addendum for Section 8 Housing Assistance Program is attached hereto as Exhibit "B." COUNT I - ASSUMPSIT 9. The averments of Paragraphs 1-8 above are incorporated herein as if set forth in their entirety. 10. Defendants defaulted on the lease terms by habitually failing to make timely monthly rental and oil payments as required by the Lease Agreement for Lot #8 and by providing numerous payments which were returned for insufficient funds. See attached check copies, return check notices, and correspondence between Defendants and Plaintiffs supporting the chronology of Defendants' delinquencies attached hereto collectively as Exhibit "D." 11. As required by 68 P.S. § 250.501, on or about August 15, 2007, Plaintiffs provided Defendants with a Notice to Quit based upon the rental and oil payment delinquencies. A copy of the Notice to Quit is attached hereto as Exhibit "E." 12. On or about August 20, 2007, Defendants were notified of their termination by "HAP" for their failure "to pay your share of the rent on a timely basis to your landlord, as well as your oil cost." The August 20, 2007 termination 3 notification by the Cumberland County Housing Authority, is attached hereto as Exhibit "F." 13. Defendants failed to appeal their Section 8 HAP termination, despite being informed of their rights to do so, within the body of the termination letter attached hereto as Exhibit "F." 14. In a letter dated September 5, 2007, the Cumberland County Housing Authority confirmed to Plaintiffs that Defendants were terminated from the HAP Program for failure to pay rental and oil costs and for failing to appeal the initial notice of termination. A copy of the September 5, 2007 correspondence is attached hereto as Exhibit "G." 15. In accordance with Paragraph 9 of the Tenancy Addendum, "If the HAP contract terminates for any reason, the lease terminates automatically." See Tenancy Addendum attached hereto as Exhibit "B." 16. Plaintiffs filed a Landlord-Tenant Complaint against Defendants in Magisterial District 09-3-03 on or about August 29, 2007, and on September 11, 2007, judgment was entered in favor of Plaintiffs and against Defendants for the unpaid rental in the amount of Three Hundred Twenty-Seven Dollars ($327.00) and unpaid oil bills in the amount of Four Hundred Twelve Dollars and Sixty-Six Cents ($412.66), and possession of the premises was granted to Plaintiffs. 17. To date, Defendants have paid to Plaintiffs the $739.66 total judgment amount for rental and oil costs, but have not paid the $112.35 judgment for costs of 4 the District Justice landlord tenant action and, in addition, have taken Appeal from the judgment and have refused to vacate the premises. WHEREFORE, Plaintiffs demand judgment against the Defendants for the sum of Four Hundred Fifty Dollars ($450.00) representing October 2007 rent, One Hundred Dollars ($100.00) representing late fees accrued to the date of this filing, together with interest and continuing rental payments and any late penalties until such time as Defendants surrender the premises, costs for the District Justice suit in the amount of One Hundred Twelve Dollars and Thirty-Five Cents ($112.35), plus attorney fees in the amount of One Thousand Dollars ($1,000.00) and all costs of suit. COUNT II - EJECTMENT 18. The averments of Paragraphs 1-17 are incorporated herein as if set forth in their entirety. 19. Plaintiffs acquired title to the property known and numbered as 5 Mill Street Lot #8, Mt. Holly Springs, Pennsylvania, by way of deed from Francis X. Doyle and Joan H. Doyle, dated July 15, 2003, and recorded in the Recorder of Deeds Office of Cumberland County to Deed Book 258, Page 1051. A copy of said deed is attached hereto as Exhibit "C" and incorporated herein by reference thereto and the land is described as follows: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mt. Holly Springs, County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a survey by Thomas A. Neff, Registered Surveyor, dated May 24, 1977, as follows: 5 BEGINNING at an iron pin at the intersection of the northern line of Mill Street on the eastern side of a 16 foot wide alley; thence along the eastern side of said alley, North 01 degrees West, a distance of 144 feet to an iron pin at line of land now or formerly of Frank R. Bobb; thence along said land now or formerly of Bobb, North 83 degrees 02 minutes (incorrectly cited as 902 minutes in the prior deed) East, a distance of 124.29 feet to an iron pin to land now or formerly of T. A. Tichy; thence along said land now or formerly of T.A. Tichy, South 12 degrees 21 minutes 30 seconds West, a distance of 158.68 feet to an iron pin on the north side of Mill Street; thence along the north side of Mill Street, South 87 degrees 20 minutes West, a distance of 87 feet to the place of BEGINNING. HAVING THEREON ERECTED on said premises are seven (7) mobile homes, included in the purchase. 20. Plaintiffs entered into a Lease Agreement for Lot #8 with Defendants dated February 1, 2006, as set forth above and attached hereto as Exhibit "A" and incorporated herein by reference thereto. 21. Defendants have breached the terms of the Lease by habitually failing to pay monthly rental payments and oil payments. 22. Plaintiffs have obtained a judgment for possession of the premises from the office of District Justice Susan K. Day by way of Judgment entered September 11, 2007. 23. Plaintiffs aver that they are entitled to possession of the premises due to Defendant's breach of the terms of the lease. 24. Plaintiffs aver that they are entitled to possession of the premises known and numbered as 5 Mill Street, Lot #8, Mt. Holly Springs, Pennsylvania, free and clear of any claim of the Defendants for possession or continued possession of the premises. 6 25. Plaintiff's abstract of title is attached hereto as Exhibit "H" and incorporated herein by reference thereto. 26. A review of the records in the Recorder of Deeds Office of Cumberland County Reveals that the Defendants have no legal interest or claim to the real estate known and numbered as 5 Mill Street, Lot #8, Mt. Holly Springs, Pennsylvania. WHEREFORE, Plaintiffs respectfully request the Court to enter an order requiring the Defendants to deliver to Plaintiffs possession of the premises which is presently occupied in violation of the terms of the Lease Agreement. Respectfully submitted, VOION, `ZULLI & SEIBERT Dated: October 0 , 2007 By: Shelly J. Kunkel Attorney ID No. 64485 Jean D. Seibert Attorney ILA No. 41713 109 Locust Street Harrisburg, PA 17101 (717) 236-9301 Counsel for Plaintiffs 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID S. ROETING and NANCY L. ROETING, Plaintiffs NO. 07-CV-5565 VS. JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants CIVIL ACTION - LAW VERIFICATION WE, DAVID S. ROETING and NANCY L. ROETING, VERIFY that the statements set forth in the foregoing COMPLAINT are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. §4904 relating to unsworn falsification to authorities. Date: 10-/0- 0-1) Date: VS- \o- a'1 s David S. Roeting Nancy L. R eting EST-ATE L This agreement between -,\gNs" ',?- ??wvtt_, L hereafter known as TENANT and NANCY/DAVID ROETING, hereafter known as OWNER, is for the purpose of leasing the premises known as Site #_I_ 5 Mill Street Mt.11l 111 Springs, PA 17065 for a period of 1 year at a total rent of $ cob• oo . Payable monthly in advance; -at the rate of $ n. 6 G effective Wtnmr+u \.-Lqai- In addition,`. ao shall `ljepaid a t signing of this agreement as a deposit of Security. This deposit to be returned by : (1f! to TENANT at termination of lease period, less charges for any damage to property, to b ' i?term l by OWNERS inspection after premises have been vacated. TENANT tie rsc for-any damages over the amount of deposit, and hereby accepts responsibility .r6r same. In the event that rental payments are not received by OWNER, at 6645 Evelyn S&W Herrisburg, PA 17111, or any other address OWNER may designate, by the day of each month a late fee of $10.00 a day will be charged as additional payment effective the `!Ea? of the month until paid in full. The total occupancy allowed by this agreement is _ L person (s). A maximum charge of FIFTY DOLLARS per month well be aged for each additional person (s) occupying the premises whose names are not on the lease, unless approved in writing by the OWNER OWNER will pay for Water, sewer, trash, mowing and snow removal. All other utilities and services shall be paid by TENANT. TENANT is responsible for keeping area outside their leased premises neat and clean. OWNER. agrees to keep the property in good and usable condition. Routine maintenance must be requested in writing when rental payments are made. Emergency service will be provided by calling 717-564-7700. An emergency is something that proposes a danger to life or property. Blocked sewer and plumbing waste lines are the responsibility of the TENANT, and the repair cost-must be paid by the TENANT. ' OWNER or any person authorized by same has the right to enter at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and after notice of termination its given, or property is placed for sale, to show the premises to prospective tenant (s) or buyer (s), you will be notified at least one day in advance. . On the expiration of the lease it "I be. automatically renewed for a similar period at the option of the OWNER, unless 60 days written notice be given to the OWNER by the TENANT. It is agreed that should premises be tendered uninhabitable by fire or other casualty, not created by TENANT or their associates, rent shall be suspended until such damage is corrected by OWNER, but not obliging the OWNER to replace the damaged premises. It is the TENAM S responsibility to carry their own renters insurance to cover any losses to their personal belongings contained in and. on the surrounding grounds of the premises. j,IVM MOU EM N'M - Tenant (s) agrees that he/she will comply and procure compliance of members of his/her family and guests with the tenant (s) requirements which are incorporated and made a part of this lease- .1 • , +, _ - v-*;,, t,p. Wmed unit or elsewhere on a-t.) i-,;i uecns, rueoisn and discards must be placed in proper trash containers to be picked up in accordance with borough's schedule. (g) At the termination of the lease, tenant (s) must remove all personal property not belonging to landlord from the leased unit. Any property not removed shall be considered abandoned, and landlord may dispose of it without being accountable to tenant (s) for doing so. Any costs incurred to landlord for removal of tenant( s) belongings shall be deducted from the security deposit. .Q-) Tenant (s) shall not change locks or install additional locks, chains, or other fasteners without the written consent of landlord. (4.) Tenant (s) and his/her family and visitors, shall not at any time make any noise, or do anything or conduct themselves in any way which disturbs any other tenants or interferes with the rights, comforts or conveniences of any other tenants, or that is not in compliance with local ordinances. (5.) Tenant (s) shall not bring any refrigerator, freezer, or other major appliance into the leased unit without the written consent of landlord. No laundering appliances are permitted to be in any individual leased unit. (6.) Tenant (s) shall not use any electric, kerosene or other heaters on premises. (7.) Tenant (s) shall not park or maintain any trailer, boat, or other vehicle except an automobile on landlord`s property. Automobiles must be registered in the tenant (s) name, have a current PA state inspection sticker, current license plate, and be drivable on the highway. Tenant (s) agrees that landlord may tow away any vehicle parked m violation of this regulation at tenant (s) expense. Vehicles are not permitted to be maintenanced or washed on landlord's property - (8.) walks, entryways, staff and from the leased unit and shall be kept articles at all times. (9.) 'Tenant (s) shall not in (1.0.) Tenant (s) shall not h (11.) Tenant (s) shall not r elsewhere on the premises. (12.) Tenant( s) shall main order. and landings shall be used only for access to of bicycles, toys, waste receptacles and other hooks or make any ceiling penetrations. any water beds in leased unit. any sign or advertising matter in any window or smoke detectors and light fixtures in working (13.) Tenant (s) agree that ord may change these requirements from time to time as may be required to prote:t the le premises, consideration of neighbors or to add to tenants enjoyment of the use of the leased ises. ?a v?\ fl ? o ?? J• ?? Upon violation of any of the above conditions, OWNER shall have the option of terminating this agreement upon 5 days written notice to TENANT. This document executed and agreed to by all parties O NER day of n n Special Conditions• V,5 V?4 ?A 7.-3- d\ _ V,\1_& 4 Housing Assistance Payments Contract U.S. Department of Hous' '(HAP Contract) and Urban Development Section 8 Tenant-Based Assistance Office of Public and Indian Housing Housing Choice Voucher Program Part C of HAP Contract: Tenancy Addendum 1. Section 8 Voucher Program a. The owner is leasing the contract unit to the tenant for (2) Rent charged by the owner for comparable unassisted occupancy by the tenant's family with assistance for a units in the premises. tenancy under the Section 8 housing choice voucher program 5. Family Payment to Owner (voucher program) of the United States Department a. The family is responsible for paying the owner any portion of Housing and Urban Development (HUD). "j. he rent to owner that is not covered by the PHA housing b. The owner has entered into a Housing Assistance Payments }ssistance payment. Contract (HAP contract) with the PHA under the voucher b. Each month, the PHA will make a housing assistance program. Under the HAP contract, the PHA will make payment to the owner on behalf of the family in accordance housing assistance payments to the owner to assist the with the HAP contract. The amount of the monthly housing tenant in leasing the unit from the owner. assistance payment will be determined by the PHA in 2. Lease accordance with HUD requirements for a tenancy under the a. The owner has given the PHA a copy of the lease, including Section 8 voucher program. any revisions agreed by the owner and the tenant. The c. The monthly housing assistance payment shall be credited owner certifies that the terms of the lease are in accordance against the monthly rent to owner for the contract unit. with all provisions of the HAP contract and that the lease d. The tenant is not responsible for paying the portion of rent includes the tenancy addendum. to owner covered by the PHA housing assistance payment b. The tenant shall have the right to enforce the tenancy under the HAP contract between the owner and the PHA. A addendum against the owner. If there is any conflict PHA failure to pay the housing assistance payment to the between the tenancy addendum and any other provisions of owner is not a violation of the lease. The owner may not the lease, the language of the tenancy addendum shall control. terminate the tenancy for nonpayment of the PHA housing 3. Use of Contract Unit :- ,;stance payment. a. During the lease term, the family will reside in the contract _ The owner may not charge or accept, from the family or unit with assistance under the voucher program. from any other source, any payment for rent of the unit in b. The composition of the household must be approved by the addition to the rent to owner. Rent to owner includes all PHA. The family must promptly inform the PHA of the housing services, maintenance, utilities and appliances to birth, adoption or court-awarded custody of a child. Other be provided and paid by the owner in accordance with the persons may not be added to the household without prior lease. written approval of the owner and the PHA. f The owner must immediately return any excess rent payment c. The contract unit may only be used for residence by the to the tenant. PHA-approved household members. The unit must be the 6. Other Fees and Charges family's only residence. Members ofthe household may a. Rent to owner does not include cost of any meals or engage in legal profitmaking activities incidental to primary supportive services or furniture which may be provided by use of the unit for residence by members of the family. the owner. d. The tenant may not sublease or let the unit. b. The owner may not require the tenant or family members to e. The tenant may not assign the lease or transfer the unit. pay charges for any meals or supportive services or furniture 4. Rent to Owner which may be provided by the owner. Nonpayment of a. The initial rent to owner may not exceed the amount y such charges is not grounds for termination of tenancy. approved by the PHA in accordance with HUD requirements. c. The owner may not charge the tenant extra amounts for b. Changes in the rent to owner shall be determined by the items customarily included in rent to owner in the locality, provisions of the lease. However, the owner may not raise or provided at no additional cost to unsubsidized tenants in the rent during the initial term of the lease. the premises. c. During the term of the lease (including the initial term of the 7. Maintenance, Utilities, and Other Services lease and any extension term), the rent to owner may at no a. Maintenance time exceed: (1) The owner must maintain the unit and premises in (1) The reasonable rent for the unit as most recently accordance with the HQS. determined or redetermined by the PHA in accordance (2) Maintenance and replacement (including redecoration) with HUD requirements, or must be in accordance with the standard practice for the building concerned as established by the owner. Previous editions are obsolete Page 8 of 10 form HUD-52641 (312000) ref Handbook 7420.8 b. Utilities and appliances ('t) The owner may inate..the tenancy for criminal (1) The owner must provide all utilities needeu Lo comply activity by a househo w member in accordance with with the HQS. this section if the owner determines that the household (2) The owner is not responsible for a breach of the HQS member has committed the criminal activity, regardless caused by the tenant's failure to: of whether the household member has been arrested (a) Pay for any utilities that are to be paid by the or convicted for such activity. tenant. (4) The owner may terminate the tenancy during the term (b) Provide and maintain any appliances that are to be of the lease if any member of the household has provided by the tenant. engaged in abuse of alcohol that threatens the health, c. Family damage. The owner is not responsible for a breach safety or right to peaceful enjoyment of the premises by of the HQS because of damages beyond normal wear and other residents. tear caused by any member of the household or by a guest. d. Other good cause for termination of tenancy d. Housing services. The owner must provide all housing (1) During the initial lease term. other good cause for services as agreed to in the lease. termination of tenancy must be something the family 8. Termination of Tenancy by Owner did or failed to do. a. Requirements. The owner may only terminate the tenancy (2) During the initial lease term or during any extension in accordance with the lease and HUD requirements. rm, other good cause includes: b. Grounds. During the term of the lease (the initial term of (a) Disturbance of neighbors, the lease or any extension term), the owner may only (b) Destruction of property, or terminate the tenancy because of: (c) Living or housekeeping habits that cause damage (1) Serious or repeated violation of the lease; to the unit or premises. (2) Violation of Federal, State, or local law that imposes (3) After the initial lease term, such good cause includes: obligations on the tenant in connection with the occupancy (a) The tenant's failure to accept the owner's offer of or use of the unit and the premises; a new lease or revision; (3) Criminal activity or alcohol abuse (as provided in (b) The owner's desire to use the unit for personal or paragraph c); or family use or for a purpose other than use as a (4) Other good cause (as provided in paragraph d). residential rental unit; or c. Criminal activity or alcohol abuse. (c) A business or economic reason for termination of (1) The owner may terminate the tenancy during the term the tenancy (such as sale of the property, renovation of the lease if any member of the household, a guest or of the unit, the owner's desire to rent the unit another person under a resident's control commits any for a higher rent). of the following types of criminal activity: . Eviction by court action. The owner may only evict the (a) Any criminal activity that threatens the health or i -aant by a court action. safety of, or the right to peaceful enjoyment of the f. Owner notice of grounds premises by, other residents (including property (I ) At or before the beginning of a court action to evict the management staff residing on the premises); tenant, the owner must give the tenant a notice that (b) Any criminal activity that threatens the health or specifies the grounds for termination of tenancy. The safety of, or the right to peaceful enjoyment of notice may be included in or combined with any owner their residences by, persons residing in the immediate eviction notice. vicinity of the premises; (2) The owner must give the PHA a copy of any owner (c) Any violent criminal activity on or near the premises; or eviction notice at the same time the owner notifies the (d) Any drug-related criminal activity on or near the tenant. premises. (3) Eviction notice means a notice to vacate, or a complaint (2) The owner may terminate the tenancy during the term or other initial pleading used to begin an eviction action of the lease if any member of the household is: under State or local law. (a) Fleeing to avoid prosecution, or custody or confinement 9. Lease: Relation to HAP Contract after conviction, for a crime, or attempt If the HAP contract terminates for any reason, the lease terminates to commit a crime, that is a felony under the laws autc i ,,-;cally. of the place from which the individual flees, or 10. IP.iA Termination of Assistance that, in the case of the State of New Jersey, is a high The PHA may terminate program assistance for the family for misdemeanor; or any grounds authorized in accordance with HUD requirements. (b) Violating a condition of probation or parole under If the PHA terminates program assistance for the family, the Federal or State law. lease terminates automatically. Previous editions are obsolete Page 9 of 10 form HUD-52641 (3/2000) ref Handbook 7420.8 11. Family Move Out 'The tenant must notify the PHA and the owner be-e the family moves out of the unit. 12. Security Deposit a. The owner may collect a security deposit from the tenant. (However, the PHA may prohibit the owner from collecting a security deposit in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. Any such PHA-required restriction must be specified in the HAP contract.) b. When the family moves out of the contract unit, the owner, subject to State and local law, may use the security deposit, including any interest on the deposit, as reimbursement for any unpaid rent payable by the tenant, any damages to the unit or any other amounts that the tenant owes under the lease. c. The owner must give the tenant a list of all items charged against the security deposit, and the amount of each item. After deducting the amount, if any, used to reimburse the owner, the owner must promptly refund the full amount of the unused balance to the tenant. d. If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may collect the balance from the tenant. 13. Prohibition of Discrimination In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, the owner must not discriminate against any person because of race, color, religion, sex, national origin, age, familial status or disability in connection with the lease. 14. Conflict with Other Provisions of Lease a. The terms of the tenancy addendum are prescribed by HUD in accordance with Federal law and regulation, as a condition for Federal assistance to the tenant and tenant's family under the Section 8 voucher program. b. In case of any conflict between the provisions of the tenancy addendum as required by HUD, and any other provisions of the lease or any other agreement between the owner and the tenant, the requirements of the HUD-required tenancy addendum shall control. 15. Changes in Lease or Rent a. The tenant and the owner may not make any change in the tenancy addendum. However, if the tenant and the owner agree to any other changes in the lease, such changes must be in writing, and the owner must immediately give the PHA a copy of such changes. The lease, including any changes, must be in accordance with the requirements of the tenancy addendum. b. In the following cases, tenant-based assistance shall not be continued unless the PHA has approved a new tenancy in accordance with program requirements and has executed a new HAP contract with the owner: (1) If there are any changes in lease requirements governing tenant or owner responsibilities for utilities or appliances; (2) If there are any changes in lease provisions governing the term of the lease; (3) If the family moves to a new unit, even if the. unit is in the PHA approval of t' fancy, and execution of a new HAP i. ntract, are not requi._.. for agreed changes in the lease other than as specified in paragraph b. d. The owner must notify the PHA of any changes in the amount of the rent to owner at least sixty days before any such changes go into effect, and the amount of the rent to owner following any such agreed change may not exceed the reasonable rent for the unit as most recently determined or redetermined by the PHA in accordance with HUD requirements. 16. Notices Any notice under the lease by the tenant to the owner or by the owner to the tenant must be in writing. 17. Definitions Contract unit. The housing unit rented by the tenant with assistance vnde• the program. Family. The persons who may reside in the unit with assistance under the program. HAP contract. The housing assistance payments contract between the P' lA and the owner. The PHA pays housing assistance payments to th;s owner in accordance with the HAP contract. Household. The persons who may reside in the contract unit. The household consists of the family and any PHA-approved live-in aide. (A live-in aide is a person who resides in the unit to provide necessary supportive services for a member of the family who is a person with disabilities.) Housing quality standards (HOS). The HUD minimum quality standards for housing assisted under the Section 8 tenant-based programs. HUD. The U.S. Department of Housing and Urban Development. HUD requirements. HUD requirements for the Section 8 program. HUD requirements are issued by HUD headquarters, as regulations, Federal Register notices or other binding program directives. Lease. The written agreement between the owner and the tenant for the lease of the contract unit to the tenant. The lease includes the tenancy addendum prescribed by HUD. PHA `i'ublic Housing Agency. Preraises. The building or complex in which the contract unit is located, including common areas and grounds. Program. The Section 8 housing choice voucher program. Rent to owner. The total monthly rent payable to.the owner for the contract unit. The rent to owner is the sum of the portion of rent payable by the tenant plus the PHA housing assistance payment to the owner. Section 8. Section 8 of the United States Housing Act of 1937 (42 United States Code 1437f). Tenant. The family member (or members) who leases the unit from the owner. Voucher program. The Section 8 housing choice voucher program. Under this program, HUD provides funds to an PHA for rent subsidy on behalf of eligible families. The tenancy under the lease will be assisted with rent subsidy for a tenancy under the voucher program. same building or complex Previous editions are obsolete Page 10 of 10 form HUD-52641 (312000) ref Handbook 7420.8 ?o P U t4 THIS DEED, made the ?? day of 2003; Between FRANCIS X. DOYLE and JOAN H. DOYLE, his wife, of Harrisburg, Dauphin County, Pennsylvania, herein designated as the Grantors, And DAVID S. ROETING and NANCY L. ROETING, his wife, of the Borough of Hummelstown, Dauphin County, Pennsylvania, herein designated as the Grantees Witnesseth, that the Grantors, for and in consideration of One Hundred Twenty Thousand ($120,000.00) Dollars --------------------------------------------------------------------------------- lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain sell and convey unto the Grantees forever, All that certain tract or parcel of land and premises, situate, lying and being in the Borough of Mt. Holly Springs, County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a survey by Thomas A. Neff, Registered Surveyor, dated May 24, 1977, as follows: BEGINNING at, an iron pin at the intersection of the northern line of Mill Street on the eastern side of a 16 foot wide alley; thence along the eastern side of said alley, North 01 degrees West, a distance of 144 feet to an iron pin at line of land now or formerly of Frank R. Bobb; thence along said land now or formerly of Bobb, North 83 degrees 02 minutes (incorrectly cited as 902 minutes in the prior deed) East, a distance of 124.29 feet to an iron pin to land now or formerly of T.A. Tichy; thence along said land now or formerly of T. A. Tichy, South 12 degrees 21 minutes 30 seconds West, a distance of 158.68 feet to an iron pin on the north side of Mill Street; thence along the north side of Mill Street, South 87 degrees 20 minutes West, a distance of 87 feet to the place of BEGINNING. HAVING THEREON ERECTED on said premises are seven (7) mobile homes, included in the purchase. BEING the same premises which Lawrence G. Frank, Trustee in Bankruptcy for Daniel A. Hoffman, by his deed dated November 19, 1986 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book "H", Volume 32, Page 1079, granted and conveyed unto Francis X. Doyle, grantor herein. The said Joan H. Doyle, wife of Francis X. Doyle, joins in this deed to convey any interest she may have by virtue of her marriage to Francis X. Doyle. Together with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; And also all the estate, rights, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. To have and to hold all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees' proper use and benefit forever. And the said Grantors will warrant specially the property hereby conveyed. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto, the day and year first above written. SIGNED SEALED AND DELIVERED IN THE PRESENCE OF OR ATTESTED BY /Francis X. jjDoyl life fJ`ban H. Doyle . ? COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN SS: Be it Remembered, that on 2003, before me the subscriber, a Notary Public, personally appeared FRANCIS X. DOYLE and JOAN H. DOYLE, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within deed and acknowledged that they executed the same for the purposes therein contained. WITNESS my hand and seal the day and year aforesaid. N My Commission Expires:_ NOTARIAL SEAL t? ?r KAY L DWULET Notary Public Cityof Harrisburg Dauphin County, `t m'/ Commission Expires March tg, 2006 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF SS: Be it Remembered, that on , before me the subscriber, a Notary Public, personally appeared who acknowledged self to be the of a Corporation, and that. being authorized to do so as such corporate :officer executed the foregoing instrument for the purposes therein contained on behalf of the corporation. WITNESS my hand and seal the day and year aforesaid. Notary Public My Commission Expires:. £? biv rec(.)rci 'd ' . ??? ? ; ??.:? *•s ?.: ?c `aunty PA !R The Undersigned certifies ?, • that the precise residence 'X and complete post office address of the Grantee is: Recor er of Dee rvE . 3613 Qyl pFOP PEW to NO OVA .0 _ oav P DVS JOHN O SHELEHAMER JR. 5 MILL ST[ LOT 8 MOUNT HOLLY SP NGS, PA 17065 PAYTQTke ORDEP;DP t 313 3 ? 225 DATE 42- MaW Bank AItnRJ1'at etllWNSThtlCarryWry .. . MSWyegtpt Ollbe . 7sw? ? 3 130 29S54 98 40 5 6 L01I'0 2S p0` 50'j 0 00l 45 oil - Commerce Bank Harrisburg 100.Senate Ave Date: 06-13-2006 Camp:ull PA 17001 0000000552004335 We CHARGED your account and RE URNED to you the following item CHECK NUMBER Transaction Date REASON 0225 06/07/2006 INSUFFICIENT FUNDS Item Amount $ Return Check Fee $ DAVID ROETING NANCY ROETING 6645 EVELYN STREET HARRISBURG PA-17111 AMOUNT 154.50 154.50 7.00 Date: 06-27-2006 Commerce Bank Harrisburg 100 Senate Ave Camp Hill PA 17001 0000000552004335 We CHARGED your account and RETURNED to you the following item CTMCK NUMBER Transaction Date REASON 225 06/22/2006 INSUFFICIENT FUNDS Item Amount $ Return Check Fee $ DAVID ROETING NANCY ROETING 6645 EVELYN STREET HARRISBURG PA-17111 AMOUNT 154.50 154.50 7.00 y JOHN O SHELLEHAMER JR. st265 ?r - 2/41 5 MILL ST. LOT 8 MOUNT HOLLY SPRIN R, PA 17085 DATE /tl t PAY7IDTHE A s. M W... I E M?~?P?F?•??•M f • 11:0 3 i 30 29 5 51: 98-40 5606 jx. 24 L .000000 L 5t4 50.' Date: 08-14-2006 Cc® rce Bank Harrisburg 100 Senate Ave Camp Hill PA 17001 "0000000552QQ4335 'We CHARGED your account and RETURNED to you the following' item cgxcx xUla R Transaction Date REASON MOUNT 0241 08/08/2006 INSUFFICIENT FUNDS 154.50 Item Amount $ 154.50 Return Check Fee $ 7.00 DAVID ROETING NANCY ROETING 6645 EVELYN STREET, HARRISBURG PA-17111 /? RENT PAYMENT NOTICE Date:' C)?u TO: ?b?a, j S\,?12I?t1Ynf?l1?'1..? ?(L. FROM: Rent in the amount of ?5K5c, dollars ($) was due on or before the _l-_= day of 20_gSe, for the period of _l -6 . to 31- 6lo for the premises which you are currently occupying. As per your lease a late charge of $14.00 per day beginning on the fifth day is also due, to date the amount is _?y• So dollars. Please bring your payment to the address shown below. Landlord 6645 Evelyn Street ?Q?- ya" n- ?` ?- a \ A Harrisburg, PA 17111 ?o CLfltz t S ?' d? ?? nJ??? ?? b Ira ? Vj4, - (Y)tqKq U60 A,? 94/00?vo uha _CCaG . (w oar 4,r--N lar oct7r. but u ?l? Q? orb ??0-10 mom HUAI I 1.800-922-4868 ?. f 2 o.. -Sl 7r-- ?I???R ?..aA?C?! d??I ? suPPtY $?pV?n? C)kk Y" 0 t PO 1(-,4 A Pe 6t ?s fG er6 pr iC W0 6?,kwc? jjj6(Aj ?N o V ?tt?4rE ? . 3-L6 o? `tom ?L\ . Go b?l c?n?a2cos ?..3? \La -r") a LAe ?s ?S bl? akcn/-.ass of \?, `0A `-v ??. 41??\on P8 i t Commmerce Bank Harrisburg 100 Senate Ave CaMp Hill PA 17001 OOOOOCOSS2004335 We CHARGED your account and RETURNED to you the following item CXWX NUMBER Transaction Date RBASON AKOHNT 0129 04/12/2007 INSUFFICIENT FUNDS 163.50 Item Amount $ 163.50 Return Check Fee $ 7.00 DAVID ROETING NANCY ROETING 6645 EVELYN STREET HARRISBURG PA-17111' 1 CA' A , ? Date: 05-16-2007 Commonerce Bank Harrisburg 100 Senate Ave Camp Hill PA 17001 0000000552004335 We CHARGED your account and RETURNED to you the following item C$BCK NQM3R Transaction Date REASON AWDVNT 0129 05/11/2007 INSUFFICIENT FUNDS 163.50. Item Amount $ 163.50 eturn Check Fee $ 7.00 DAVID ROETING NANCY ROBTING 4• 6645 EVELYN STREET rJ?\ HARRISBURG PA-17111 s-' op i . UL o 7?a.?ecK -??n? Thf ?8? ... _ __,_._. __.__.:......,.__.___,M,.._.?..?.....,..__ ,R.?. ? ? ? ? ? ?. w. _.. _. .. __. ?i?? ?? ?o u _ ? _._.. 3? ?? ??f?.CC??u?i?-??._. ,, ???. ,-. JOHN SHELLEHAMER JR 5 !WILL ST LOT 8 MOUNT HOLLY SPRINGS, PA 17065 Pay to the Order of_ PNC Bank, MA. 040 Central PA For 4031312?4 1: 5004924377oo 110 60-12731313 Date 61s Ylo 7 - 171 0110 ',.i?Qllars 8 1'000003. 200.1' aunAaar?s?ety vaLOw wve LdLC: vi i1. ??.,, Commerce Bank Harrisburg 100 'Senate Ave Camp Hill PA 17001 0000000552004335 We CHARGED your account and RETURNED to you the following item CHECK NUMBER Transaction Date REASON 0110 07/06/2007 INSUFFICIENT FUNDS Item Amount Return Check Fee DAVID ROETING NANCY ROETING 6645 EVELYN STREET HARRISBURG PA-17111 0 AMOUNT 392.00 392.00 7.00 SHELLEH-AMERkW:R .-;.a uRk i LLY SPRINGS C17065 • ,, i ??+1.iii ?-' .'vim;,`, `' . PA.. 1.7 7. ,17 i A. -,L N c?//?Awl? Qeu z ?. Npk Sys ??F??? e i i +4 X 11! { 111 17!7Ii'fJ +??1?i1 }It}?l?fil!#3!i}!?{J liii?iffilJl? r Aoll= , 0. SHELLEHAMEIIHilaRR.ISBURG PA. 171 L 4"..- MILL ST LOT 8 HOLLY SPRINGS PA 1706 019 3t.A., SERIAL 104020 i 1 I I I i i I I I i I I I I I I I I I I I I I I I I I I I I i I I i I I I I I I I i I I Ii 1 111 i i i i I I I i I II jell) K0? , POSTAL MONEY O ?. ..?,r\@\Q R YEAR,,MONTH DAY ` 330 2007.07-0E l-V b(. ,`jT..-,.,r 1 n n,Inf]Gfl C9'Y-1 \4 ?\ -1 r-l r- M s- PAY TO ADDRESS FROM /7 f ADDR[ C. O. NO. OR I ED FOR 1 27 3 ? UNITED STATES POSTAL MONEY'., POST/JLSERVICE® w.... _....... _ ............ M, r, ,r„ W \ . . «? ?. SERIAL NUMBER YEAR, MONTH, DAY P-5-" 10402059341 I` mi) 2007-07-06 AMOUNT J isN\\ 1• 10 L. D 2 0 59 3 t- "'I ?? ?.. . ?,w . ............ ... w»,,?w,,.. l: ate 0 0 0 B 0 0 2.............. OSSESSIONS' 1 CLERK I Ipt " NO CENTS \i ? ? 11 ? ?? ?tx°t V.]JLJJwn? a .?,. .. ING CLERK' non \ P h r VK?0. SHELLEHAMEftj,0.?,,:r 5 MILL ST LOT 8 T HOLLY SPRINGS PA 17065 _"? ij pry (y \ (., .... .. p, ` py ,.M an' .yam xw« ^•?."?-+.,-.r.^`?° ? t ko- 1`3 ??,? ? 7 r I ivv C!-i??(?? s ! r. ur 1 is?onn 'Z UNITEDSTATES PC)SFrIVIa M(N iY ORDER POSTdL SERVICE® 10 OFI-fi.t v.? ??•-? ' = - rFNTC. S ERIAL NUMB ER YEAR MONTH, DAY 40206201 ? 2007-06--07 170650 , rNo?? AMOUNS'' 1 , cT xTY TNfrEE t?lylt LR??• r,CJQ x __-_ 11 NEGOTIABLE ONLY IN THE U.S. AND POSSESSIONS PAY TO AJ SEE REVERSE WARNING ADDRESS FROM 61 A.r C.O.D. NO. OR .'-d ( ? y ... USED FOR ^-?f ? < ?? ? C'lC! ( Y• t ?? L F • ii`00000800 21: 1040 206 20 1 ?Ili . 15-800 IJNITEDSTdTES POSTAL TAPOSTAL MONEY ORDER 000 POST/SL SERVICE(g) '- SERIAI. NUMBER YEAR, MONTH, DAY POST OFFICE U,S. DOLLARS AND CENI'5 1, 0 4 0 2 0 6 2 0 0 6 2100-OB-07 170650 4,516 0 4. e:000G-0 1JU el: POSSESSIONS NEGOTIABLE ONLY I? Dr\IrPcZ;7 WARNING , D NOTICE TO PAY OR QUIT August 15, 2007 John Shellehamer, Jr. John Shellehamer, Sr. 5 Mill Street, Lot #8 Mount Holly Springs, PA 17065 You are hereby notified that you failed to pay for your oil balance of $250.66, late fees of $120.00 and bank charges of $42.00 for a total of $412.66 to date. The bank charges are broken down as follows: $7.00 for 6/06, $7.00 for 2nd 6/06, $7.00 for 8/06, $7.00 for 4/07, $7.00 for 2nd 4/07 and $7.00 for 6/28/07. You must pay this amount of $412.66 within 5 days of this notice or your rental agreement will terminate and you will be expected to vacate the premises. If the amount owed is not paid in full (no partial payments accepted) by money order only, within 10 days of this notice, I will take such legal action as the law requires to evict you from the premises. Landlord Phone HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND • Rental Housing for Families • Rental Housing for Elderly • • Rental Housing for Persons with Special Needs • • Rental Assistance Programs • • First Time Homebuyer Programs • • Supportive Services/Empowerment Programs • John 5hellehamer, Jr John 5hellehamer, Sr. 5 Mill Street, Lot #8 Mt. Holly Springs, PA 17065 Dear Mr. 5hellehamer: It is a privilege for a Tamiiy to participate in the kentai Assistance Pr ayrarn, and it s'rould be treated respectfully. When the family signs the Housing Assistance forms, they agree to perform all obligations under the Section 8 Housing Choice Voucher Program. Failure of the family to fulfil': those obligations under the lease with the owner is grounds for termination of Rental Assistance under the program and may be a basis for denying the family the right to participate in the program in the future. You have broken your family obligations as indicated below. Therefore, your rental assistance and the landlord's Housing Assistance Payments Contract will be terminated effective September 30, 2007. Because of these violations, you will not be permitted to reapply for the program until October 2010. You have failed to pay your share of the rent on a timely basis to your landlord, as well as your oil cost. If your landlord has to evict you, you will never be allowed on the section 8 program again. You have the right to appeal this decision. We must receive your written request for an appeal by 3:00 P.M. on August 27, 2007 at the address listed below. You may fax your appeal letter to us at our fax number (249-5988). However, you must call to confirm that we have received your fax. If you or anyone in your family is a person with disabilities and you require a specific accommodation in order to fully utilize our programs and services or if you feel that you have protections under the Violence Against Women Act of 2005, please contact our office Monday through Friday, between 8:30 a.m. and 4:30 p.m. at 249-1315, 697-7703, or 532-8805. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Karen Michael Housing Representative CC: Nancy Roeting, Landlord Carolyn Bair, Supervisor SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST - STE. 104 • CARLISLE PA 17013-2445 Telephone/TDY (717) 249-1315 • (717) 697-7703 • (717) 532-8805 • Fax (717) 249-5988 • E-mail: mail@cchra.com • wwwcchra.com August 20, 2007 HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND • Rental Housing for Families • Rental Housing for Elderly • • Rental Housing for Persons with Special Needs • • Rental Assistance Programs • • First Time Homebuyer Programs • • Supportive Services/Empowerment Programs • Nancy Roeting 6645 Evelyn Street Harrisburg, PA 17111 Dear Ms. Roeting: This letter is to follow up with our conversation today. Mr. John Shellehamer did not appeal our decision for termination; therefore, he will be terminated from the Housing Assistance Program effective 9-30-07. Your Housing Assistance Contract with Mr. Shellehamer will also end 9-30-07. If you have any questions, you may contact our off ice Monday, Tuesday, Thursday & Friday between the hours of 8:00 am & 3:00 pm at (717) 249-1315. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Karen Michael Housing Representative SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 • CARLISLE PA 17013-2445 Telephone/TDY (717) 249-1315 • (717) 697-7703 • (717) 532-8805 • Fax (717) 249-5988 • E-mail: maU@cchra.com • wwwcchra.com September 5, 2007 ABSTRACT OF TITLE 1. Francis X. Doyle and Joan H. Doyle, his wife, Grantors to David S. Roeting and Nancy L. Roeting, his wife, Grantees. Cumberland County Deed Book 258, Page 1051 dated July 15, 2003 and recorded July 21, 2003. 2. Lawrence G. Frank, Trustee in Bankruptcy for Daniel A. Hoffman, Grantor to Francis X. Doyle, Grantee. Cumberland County Deed Book "H," Volume 32, Page 1079 dated November 19, 1986. ?- n ?' O c-? <:-? -r? ?, ? _.. _ _? -?-'T? } '_ G'`? - rT?r ?? ? ,.. _ _? =? ? ?, _.... - . C" i . C°+l . E'?J ? .,? ?? ?> . ') •? DAVID S. ROETING and NANCY L. : IN THE COURT OF COMMON PLEAS ROETING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. : NO. 07-CV-5565 JOHN O. SHELLENHAMER SR. and : CIVIL ACTION - LAW JOHN O. SHELLENHAMER JR., Defendants AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania : SS County of Dauphin Shelly J. Kunkel, Esquire, the attorney for Plaintiffs, being duly sworn according to law, says that she mailed by U.S. first class mail, with certificates of mailing, a true and correct copy of the Complaint in this action to each Defendant, as evidenced by the postmarked certificates of mailing, attached hereto as Exhibit "A". 31P5jZ1-4'-- Shelly J. Kunkel, Esquire Sworn to and subscribed before me this 7 day of z'?-lam' ) , 2007. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KAY L. DWLILET, Notary Public City of Harrisburg, Dauphin County M Commission Expires March 19, 2010 1 ? U.S. POSTAL SERVICE CERTIFICATE OF MAILING., STA MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER c 0 Received From: qp // as dzl- /C o n c 0 One piece of ordinary mail addressed to: ota 3- V 00, COOJ?r./T: ??' JL ffA. 'L ?iJ o , J D =' PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF A, ` MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, PROVIDE FOR INSURANCE-POSTMASTER OT ` LRece7ived From: . Q f u One piece of ordinary mail addressed to: l ue4- O z 1-r PS Form 3817, January 2001 'oc x ?o ao N c O 3> C o40' 9" : VI C' Q-?l? W. C00?'WN"""''y -. CC=r3o cm ) -4 V , J - 9 ° a m EXHIBIT "A" C.D j '_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY., PENNSYLVANIA DAVID S. ROETING and NANCY L ROETING , Plaintiffs VS. ; JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants ORDER NO. 07-CV - 5565 CIVIL ACTION - LAW Upon consideration of Plaintiffs' Motion for Release of Excrowed Funds Pending Appeal, it is hereby ORDERED that said Motion is granted and that the Cumberland County Prothonotary is duly directed to release from escrow all rental funds relating to the above captioned matter, which funds total Five Hundred Sixty-Two Dollars and Thirty-Five Cents ($562.35). Said funds shall be released to the Plaintiffs, David S. Roeting and Nancy L. Roeting, residing at 54 Sweet Arrow Drive, Hummelstown, Pennsylvania, 170736. By the Court: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DAVID S. ROETING and NANCY L ROETING , Plaintiffs VS. JOHN O. SHELLENHAMER, SR. and : JOHN O. SHELLENHAMER, JR., : Defendants NO. 07-CV - 5565 CIVIL ACTION - LAW MOTION FOR RELEASE OF ESCROWED FUNDS PENDING APPEAL 1. Plaintiffs, David S. Roeting and Nancy L. Roeting, are married individuals with their principal residence at 54 Sweet Arrow Drive, Hummelstown, PA 17036. 2. Plaintiffs are the fee simple owners of premises located at 5 Mill Street, Mount Holly Springs, Cumberland County, Pennsylvania, and they are the landlords of Defendants. 3. Defendants, John O. Shellenhamer, Sr. and John O. Shellenhamer, Jr., are adult individuals, who reside at 5 Mill Street, Lot # 8, Mt. Holly Springs, Pennsylvania, 17065. 4. On or about August 29, 2007, Plaintiffs filed a Complaint in Magisterial District 09-3-03 of Cumberland County, Pennsylvania, seeking possession of Lot #8 located at 5 Mill Street, Mt. Holly Springs, Pennsylvania for unpaid rents and alleged violations of the residential lease by Defendants. 5. On or about September 11, 2007, after a hearing on the matter before District Justice Susan K. Day, Plaintiffs were granted judgment in their favor and possession of the premises. A copy of the Notice of Judgment is attached hereto as Exhibit "A." 6. Thereafter, on or about September 21, 2007, Defendants filed a Notice of Appeal from District Justice Judgment with the Cumberland County Prothonotary. A copy of the Notice of Appeal is attached hereto as Exhibit «B » 7. Since the time of Defendants' appeal, Defendants have remitted rental amounts totaling Five Hundred Sixty-Two Dollars and Thirty-Five Cents ($562.35) to the Cumberland County Prothonotary in conformity with Pa. R.C.P.D.J 1008(a). 8. Plaintiffs are entitled to receive rental payments for the period of Defendants' occupancy pending the final disposition of the case. 9. Defendants acting pro se, have filed no responsive pleadings in the case since receipt of service of a Complaint, Notice to Defend, and 10 Day Notice, and therefore it cannot be ascertained whether Defendants concur in the release of escrowed rental funds to Plaintiffs. WHEREFORE, Defendants respectfully request that this Honorable Court direct that rental amounts totaling Five Hundred Sixty-Two Dollars and Thirty-Five Cents ($562.35), having been escrowed with the Cumberland County Prothonotary pending final disposition of the above captioned matter, be released to Plaintiffs. 2 Respectfully submitted, W, ZULLI & SEIBERT Dated: November 29, 2007 By: Shelly J. el Attorney ID No. 64485 Jean D. Seibert Attorney ID No. 41713 109 Locust Street Harrisburg, PA 17101 (717) 236-9301 Counsel for Plaintiffs 3 EXHIBIT A ,COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-03 MDJ Name: Hon. SUSAN X. DAY Address: 229 DILL ST, BOX 167 HT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF. RESIDENTIAL LEASE NAME and ADDRESS ROETING, FANCY 6645 EVELYN ST. HARRISBURG, PA 17111 L VS. J DEFENDANT: NAME and ADDRESS rSHELLHAHER,JOHN O JR/JOHN O SR, ET, 5 HILL ST., LOT 8 HT. HOLLY SPRINGS, PA 17065 NANCY ROETING L J 6645 EVELYN ST. Docket No.: LT-0000321-07 HARRISBURG, PA 17111 Date Filed: 8/29/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT LMIFF X Judgment was entered for: (Name) ROBTING, NANCY Judgment was entered against SHBLLHAMR, JOHN O JR/JOHN O SR F ] in a x Landlord/Tenant action in the amount of $ 112.35 on 9/11/07 (Date of Judgment) The amount of rent per month, as establis hed by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears $ .00-$ .00 = $ .00 Physical Damages Leasehold Property $ . 00 - $ .00= $ .00 Damages/Unjust Detention $ _00-$ -no= $ -AD Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ _nn L/T Judgment Amount $ 00 ? Attachment Prohibited/ Judgment Costs - $ 112 35 42 Pa.C.S. § 8127 Attorney Fees . $ 00 ? This case dismissed without prejudice. Total Judgment - $ 112.35 ? Possession granted. ? Possession granted if money judgment i ? Possession not granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total ne OT evlcuon. ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE,`ANY` PARTY HAS THE'RIGHT'TCY APPEAL-FROM A'JUDGMENTFOR`POSSESWON"WITHIN' TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER 'THE, JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTf:IERT130CESS MUST COME FROM THE COURT OFUNLESS`COMMON THE PLEAS AND JUDGMENT NOIS?: FURTHERENTE-kED N THEPROCESS MAY COURT BEOFISSUED'BCOMMONY,PLETHEA'S.MpGISTE '?ANY'QNE1 -I' i D{RESSTS JUDGE . ?ITERD fNICHE JUDGMENT MAY FILE A REQUEST` FOR: ENTRY' OF SATISFACTION.WITH THE MAGISTERIAL DISTRICT JUI;G6FTHE,JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE,JUDGNlENT. ' Date , A4,ggisterial District Judge certify t at Is Is a true an or y o the recordVDf t hg ocee rags contain ngt the j u gment. Date ' , Magisterial District J My commission expires first Monday of January, 2010. SEAL AO C 315A-O6 EXHIBIT B COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT f COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. I MY ? ?? 'f? ? ? ?4= ? ¢ ? •?'/ }? _.j;a?r ? ST fir', LP DA OF ; ? THE CASE OF This block wiff be signed ONLY when _ tpis notation is required under Pa. R.C.P.D.J. No.. 1.0088. This Notice of Appeal. when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possess 4n in this case. prey a a < Sri f - appellant >lakwnt (see Pa. ' C.P.f Alo. 1001(6) a Mind Justice, A COMPLAINT MUST BE FLED Within twenty (20) days alter firing the NOTICE of APPF_AL. .,. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.U No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary r Enter rule upon ?`(j f 1- q `k appellee(s), to No a complaint in this appeal Nano clad (Common Pleas No. )Within twenty (20) days after service of rule or suffer entry of judgment of non pros. ``•_. ' ,t -?.. / _.? i ? ?.' : ;1.x.6 "' f . /IBrtM9 Ole ?t Olilfl0/f1@y OI8f?p1 RULE: To appellee(s) i ? Name eppeYee(a) ? ., .. (1) You are notified that a tine is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal serrtm or by certified or registered marl. (2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was b mat{ is the date of the mailing. Date: cK 20?? , s r? YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHfrF - M IRT FU F TO RF Pit Fn WtTN PWV1WnNnT9kRY 1--W t - M 10T r11 F vF1 t nW - APPFI t ,&m c rnyv ~ . l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DAVID S. ROETING and NANCY L. ROETING , Plaintiffs VS. JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants ORDER NO. 07-CV - 5565 CIVIL ACTION - LAW Upon consideration of Plaintiffs' Motion for Release of Excrowed Funds Pending Appeal, it is hereby ORDERED that said Motion is granted and that the Cumberland County Prothonotary is duly directed to release from escrow all rental funds relating to the above captioned matter, which funds total Five Hundred Sixty-Two Dollars and Thirty-Five Cents ($562.35). Said funds shall be released to the Plaintiffs, David S. Roeting and Nancy L. Roeting, residing at 54 Sweet Arrow Drive, Hummelstown, Pennsylvania, 170736. By the Court: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DAVID S. ROETING and NANCY L ROETING , Plaintiffs VS. JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants ORDER NO. 07-CV - 5565 CIVIL ACTION - LAW Upon consideration of Plaintiffs' Motion for Release of Excrowed Funds Pending Appeal, it is hereby ORDERED that said Motion is granted and that the Cumberland County Prothonotary is duly directed to release from escrow all rental funds relating to the above captioned matter, which funds total Five Hundred Sixty-Two Dollars and Thirty-Five Cents ($562.35). Said funds shall be released to the Plaintiffs, David S. Roeting and Nancy L. Roeting, residing at 54 Sweet Arrow Drive, Hummelstown, Pennsylvania, 170736. By the Court: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA DAVID S. ROETING and NANCY L. ROETING, Plaintiffs VS. JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants NO. 07-CV - 5565 CIVIL ACTION - LAW AMENDMENT TO MOTION FOR RELEASE OF ESCROWED FUNDS PENDING APPEAL Plaintiffs, David S. Roeting and Nancy L. Roeting, by and through their attorneys, Wion, Zulli & Seibert, hereby confirm and ratify the averments previously stated in their Motion For Release of Escrowed Funds Pending Appeal and to it, add the following amendment: 1. Pursuant to Cumberland County Local Rule 208.3(a)(2), Plaintiffs state that no Judge within the Cumberland County Court of Common Pleas has ruled upon this or any related issue in the above captioned matter to date. WHEREFORE, Defendants respectfully request that this Honorable Court direct that rental amounts totaling Five Hundred Sixty-Two Dollars and Thirty-Five Cents ($562.35), having been escrowed with the Cumberland County Prothonotary pending final disposition of the above captioned matter, be released to Plaintiffs. Respectfully submitted, WIGN, ZULLI & SEIBERT KT? Dated: December 7, 2007 By: Shelly J. K-Winkel Attorney ID No. 64485 Jean D. Seibert Attorney ID No. 41713 109 Locust Street Harrisburg, PA 17101 (717) 236-9301 Counsel for Plaintiffs 2 ; 7i S {? s r 1 DAVID S. ROETING AND NANCY L. ROETING, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-CV-5565 JOHN O. SHELLENHAMER, SR. and CIVIL ACTION - LAW JOHN O. SHELLENHAMER, JR., Defendants PRAECIPE To the Prothonotary: Please enter judgment on the Complaint filed to No. 07-5565 CIVIL TERM in favor of the Plaintiffs David S. Roeting and Nancy L. Roeting, and against Defendants John O. Shellenhamer, Sr. and John O. Shellenhamer, Jr., pursuant to Rule 1026 for failure within the required time to file any responsive pleading within twenty (20) days from service thereof as follows: Count I - Assumpsit Damages - ($450.00) credit for escrow release Late Fees - $100.00 Costs - ($112.35) credit for escrow release Attorney Fees- $1,000.00 Total - $1,100.00 Count II - Ejectment Plaintiffs are entitled to possession of the premises known and numbered as 5 Mill Street, Lot #8, Mount Holly Springs, Pennsylvania, free and clear of any claim of the Defendants for possession or continued possession of the premises. I hereby certify the written notice of intention to file this Praecipe was given pursuant to Pa. R.C. P. 237.1 (2) by U.S. first class mail, a copy of said notice and Certificate of Service is attached hereto and incorporated herein by reference. Shelly J. Kunkel, Esquire 109 Locust Street Harrisburg, PA 17101 (717) 236-9301 Attorney for Plaintiff ID # 64485 Dated: /I -`% '?) , DAVID S. ROETING and NANCY L. : IN THE COURT OF COMMON PLEAS ROETING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. : NO. 07-CV-5565 JOHN O. SHELLENHAMER SR. and : CIVIL ACTION - LAW JOHN O. SHELLENHAMER JR., Defendants AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania : SS County of Dauphin Shelly J. Kunkel, Esquire, the attorney for Plaintiffs, being duly sworn according to law, says that she mailed by U.S. first class mail, a true and correct copy of the Notice of Intention to Enter Judgment pursuant to Pa. R. 37.1(2) in this action to each Defendant. Shelly J. Ku el, Esquire Sworn to and subscribed before me this day of 0EL ,,.r,. ?? _-- , 2007. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBBI SUE MIDDAUGH, Notary Public City of Harrisburg, Dauphin County 25, 2009 00 My Commission hxpires: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID S. ROETING and NANCY L.: ROETING, Plaintiffs NO. 07-CV - 5565 VS. JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants TO: JOHN O. SHELLENHAMER, JR. DATE OF NOTICE: November 8, 2007 CIVIL ACTION - LAW IMPORTANT NOTICE 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, PA 17103 1-800-990-9108 (717) 249-3166 WI ZULLI & SEIBERT By: Shelly J. unkel, Esquire Attorney ID No. 64485 Jean D. Siebert, Esquire Attorney ID No. 41713 109 Locust Street Harrisburg, PA 17101 (717) 236-9301 ? jr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DAVID S. ROETING and NANCY L.: ROETING, Plaintiffs NO. 07-CV - 5565 VS. CIVIL ACTION - LAW JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants TO: JOHN O. SHELLENHAIVIER, SR. DATE OF NOTICE: November 8;2007 IMPORTANT NOTICE 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, PA 17103 1-800-990-9108 (717) 249-3166 W „ZULLI & SEIBERT By: _ Shelly J. nkel, Esquire Attorney ID No. 64485 Jean D. Siebert, Esquire Attorney ID No. 41713 109 Locust Street Harrisburg, PA 17101 (717) 236-9301 :Tl r,3 < ?? Q V IN THE COURT OF COMMON PLEAS OF aurmuID COUNTY PENNSYLVANIA CIVIL DIVISION DAVID S. ROETING and NANCY L. ROETING, File No. 07-CV-5565 Plaintiffs COSTS (to be completed by Prothonotary)$,5?2 .06 Pltf. Paid Deft. Paid Vs. JOHN O. SHELLENHAMER, SR. AND JOHN : Due Prothonotary J;a .o0 0. SHELLEHNAMER, JR., Defendants Other Costs 5 mum STne-r Loo- -tv E' M-T - k??Ly S r S? P,4 r76bs PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY OF SAID COURT: (Check appropriate block) ® Issue writ of possession in the above captioned case and direct Sheriff to deliver possession of the following property to the plaintiff(s). ? To satisfy the costs against the defendant(s), direct Sheriff to levy upon the interest of the defendants(s) in the following described property and to sell the same: ? Personal Property as follows: ® Real Estate as per attached description Date: 1-14 3 0107 Signature: Print Name: aA- CT SHELLYKUNKEL, ESQ. Address Attorney for: Telephone: 109 LOCUST STREET, HARRISBURG, PA 17101 PLAINTIFFS 717-236-9301 Supreme Court ID No. 64485 WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF SAID COUNTY: ® To satisfy the judgment for possession in the above captioned case, you are directed to deliver the plaintiff(s) possession of the above described property. ? To satisfy the costs against the defendant(s), you are directed to levy upon any property of the defendant(s) and sell the defendant(s)' interest therein. Date: 27AY2..3D, -2w? by Prothon. - 30 (8-97) LEGAL DESCRIPTION OF REAL ESTATE ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mt. Holly Springs, County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a survey by Thomas A. Neff, Registered Surveyor, dated May 24, 1977, as follows: BEGINNING at an iron pin at the intersection of the northern line of Mill Street on the eastern side of a 16 foot wide alley; thence along the eastern side of said alley, North 01 degrees West, a distance of 144 feet to an iron pin at line of land now or formerly of Frank R. Bobb; thence along said land now or formerly of Bobb, North 83 degrees 02 minutes (incorrectly cited as 902 minutes in the prior deed) East, a distance of 124.29 feet to an iron pin to land now or formerly of T.A. Tichy; thence along said land now or formerly of T.A. Tichy, South 12 degrees 21 minutes 30 seconds West, a distance of 158.68 feet to an iron pin on the north side of Mill Street; thence along the north side of Mill Street, South 87 degrees 20 minutes West, a distance of 87 feet to the place of BEGINNING. HAVING THEREON ERECTED on said premises are seven (7) mobile homes, included in the purchase. BEING LOT 98 of said premises, with a street address as follows: 5 Mill Street, Lot #8, Mt. Holly Springs, PA 17065 EXHIBIT A :c 0 0 a ? W C) ? d C7 . -ri -, 1- 'r,^) 1 Q V .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID S. ROETING and NANCY L. ROETING , Plaintiffs VS. JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants NO. 07-CV - 5565 CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN SHELLY J. KUNKEL, being duly sworn according to law, deposes and says that she is the attorney for the above-named Plaintiffs, that she makes this Affidavit on Plaintiff's behalf, and that the statements in this Affidavit are true to the best of her knowledge, information and belief. Defendant, John O. Shellenhamer, Sr., is over 21 years of age. Defendant, John O. Shellenhamer, Jr., is over 21 years of age. To the best of my knowledge, information and belief, Defendants are not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This affidavit is made in connection with the judgment entered against Defendants pursuant to the above captioned action under the Landlord Tenant Act for rent and possession of the premises located at 5 Mill Street, Lot #8, Mt. Holly Springs, PA, 17065 By: vL_ _& - Shelly J. k?nkel, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS -;?j "'- DAY OF n? 1.,?ti ?r , 2007. -A "o Public() COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ANN J. LONG, Notary Public City of Harrisburg, Dauphin County M Commission Ex its D6 9r ?1 X009 ^`' c-^+ CJ CD ? r:: i. ? ,. ' l f s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID S. ROETING and NANCY L.: ROETING, Plaintiffs VS. JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants NO. 07-CV - 5565 CIVIL ACTION - LAW TO: JOHN O. SHELLENHAMER, SR., Defendant TO: JOHN O. SHELLENHAMER, JR., Defendant You are hereby notified that on November 30, 2007, the following Judgment has been entered against you in the above-captioned case. Count I - Assumpsit: $1,100.00 Count H - Ejectment: Plaintiffs are entitled to possession of the premises known and numbered as 5 Mill St., Lot # 8, Mount Holly Springs, Pennsylvania, free and clear of any claim of the Defendants for possession or continued possession of the premises. Date: November 30, 2007 Prothonotary I hereby certify that the names and address of the proper persons to receive this notice are: John O. Shellenhamer, Sr. John O. Shellenhamer, Jr. 5 Mills Street, Lot # 8 Mt. Holly Springs, PA 17065 DAVID S. ROETING and NANCY L.: ROETING, Plaintiffs VS. JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants NO. 07-CV - 5565 CIVIL ACTION - LAW A: JOHN O. SHELLENHAMER, SR., Defendido A: JOHN O. SHELLENHAMER, JR., Defendido Por este medio se le esta notificando que el 30 de November, del 2007, la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. Count I - Assumpsit: $1,100.00 Count U - Ejectment: Plaintiffs are entitled to possession of the premises known and numbered as 5 Mill St., Lot # 8, Mount Holly Springs, Pennsylvania, free and clear of any claim of the Defendants for possession or continued possession of the premises. Date: November 30, 2007 Protonotario Certifico que la siguiente direccion es la del defendido segun indicada en el certificado de residencia: John O. Shellenhamer, Sr. John O. Shellenhamer, Jr. 5 Mills Street, Lot # 8 Mt. Holly Springs, PA 17065 - - tea. CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 1749, December 13, 2007 60-1503/313 DATE PAY TOTHE f__1__._-1_-,,,..,»Y, ORDER OF David S. Roeting and Nancy L Roeting i $ 1 562. 35 GUMBrEAt.RNO CO. (5 2ol.'s3ct DOLLARS PRbTNONOTAR? ,? 8 0 ?c BANK 07-5565 - "Release Rent" - Roeting vs. Shellenhamer 94 , 11000L74911' 11:03L3LS0361: LOB LLLL Lu' rt, C-) I.. 7 _ •i?S J: 1 111;3712132007 Cumberland County Prothonotary's Office Page 1 PY540?' Manual Release Check Register 12/13/2007 Escrow Tran Date Distribution Case No Accounting Amount Date Release ------------------------------------------ --------------------------------- 3926 ROETING DAVID S & NANCY L Check Date: 12/13/2007 Check No.: 1749 RENT 2007- 05565 PYMTCASH 112.35 9212007 RENT 2007- 05565 PYMT/CASH 450.00 10/03/2007 Payee total: 562.35 ------------------------------------------------------------ Grand total: 562.35 DEC, n 3 ioo?p? X IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID S. ROETING and NANCY L. ROETING, Plaintiffs VS. JOHN O. SHELLENHAMER, SR. and JOHN O. SHELLENHAMER, JR., Defendants ORDER NO. 07-CV - 5565 CIVIL ACTION - LAW Upon consideration of Plaintiffs' Motion for Release of Excrowed Funds Pending Appeal, it is hereby ORDERED that said Motion is granted and that the Cumberland County Prothonotary is duly directed to release from escrow all rental funds relating to the above captioned matter, which funds total Five Hundred Sixty-Two Dollars and Thirty-Five Cents ($562.35). Said funds shall be released to the Plaintiffs, David S. Roeting and Nancy L. Roeting, residing at 54 Sweet Arrow Drive, Hummelstown, Pennsylvania, 170736. By the Court: 00:III' ZIIALUZ IN THE COURT OF COMMON PLEAS OF ca-pEpmu COUNTY, PENNSYLVANIA CIVIL DIVISION DAVID S. ROETING and NANCY L. ROETING, File No. 07;Cie-5565 Plaintiffs COSTS (to be completed by Prothonotary)-$,,a .p© Pltf. Paid Deft. Paid Vs. JOHN O. SHELLENHAMER, SR. AND JOHN Due Prothonotary .ia pe, ba& 0. SHELLEHNAMER, JR., Defendants Other Costs 5 m11-L St7z -r Lo?- -t fA (76&S PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY OF SAID COURT: (Check appropriate block) ® Issue writ of possession in the above captioned case and direct Sheriff to deliver possession of the following property to the plaintiff(s). ? To satisfy the costs'against the defendant(s), direct Sheriff to levy upon the interest of the defendants(s) in the following described property and to sell the same: ? Personal Property as follows: ® Real Estate as per attached description Date: 11-30 /07 Signature: Print Name: Address TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand Attorney for: and the seal of said Court at Carlisle, Pa. SHELLY J. KUNKEL, ESQ. 109 LOCUST STREET, HARRISBURG, PA 17101 PLAINTIFFS ?l of...yl?•••.••••? "'' ?Telephone: 717-236-9301 This ..... ..... day BB._ ................ ??,?,,.•,. ••••?•• • •••• Supreme Court ID No. 64485 Prothonot ry WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF SAID COUNTY: ® To satisfy the judgment for possession in the above captioned case, you are directed to deliver the plaintiff(s) possession of the above described property. ? To satisfy the costs against the defendant(s), you are directed to levy upon any property of the defendant(s) and sell the defendant(s)' interest therein. Dater by Prothon. - 30 (8-97) By virtue of this writ, on the 7 tb day of I a n t i a r v 2008 I caused the within named T) av i d S- g n P t i n g e t a Ito have possession of the premises described ?i- gg VRT ?-A?vy5 Mill Sty Lit 8, M Holly Springs, TEA 7065 Swom and subscribed to before me this Day of , SHeriff's Return Docketing Surcharge Prothy Poundage Possession Milage So Answers, ' heri ff By .?.c? Advance Costs: 150.00 Sheriff's Costs: 87.48 -- 18.00 30.00 62.52 2.00 1.72 Refunded to Atty on 1/8/08 30.00 5.76 87.48 ? ?/ fi/bl 4- e-, e-? Iz v c? t42o 6 3WgY LmgsroWN BANK i5 - "RELEASE RENT" !F ??'00 1? 5 7??' ?:0 3 L 3 150 3 6?: L08 L L L L? L+ I DAL "?„""r,,,,,. , .. ??: ,-.., R`o r _. 2 C O N s-. s (m ? 14 7 ? 7 N?.« ? twG-+ G ?, N owG o ?o ?;? ?? w 7. CD 3 NW N d0 y ? •do C A N?? N ? :« w cA Q p¢ 7 A ? CD ? O 1-5 0 i9K N tNjf .?y N ?_ Q +L G r* a R N N. N N O 7 ?•• tD O w? A 3 p• G? N. +I -?. --. N N % % c-a a C& G N m _? tGzmwww +1 N W 7t0 p. O f w5,7,, p N r?? Q 7 S-0 I.D Z ?^ ?m3??m o Z ?sp y?i ?q? N6 Q 0 N 7? 7 W O 7? twG? A? O G Q w 11 O- r O O (P ?' _Aamid pop- .4 1 ? N N P5 !Sr