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HomeMy WebLinkAbout09-1627,TH COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (9777" 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. S.0 W a/14). NX Mt (. riH r V I", GV -n00oSZG-OX Y when this notation is required under Pa. I If apl eftt was Claimant (see Pa. R.C.P.D.J. No. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice. will operate as a SUPERSEDEAS to the judgment for possession in this case. befora a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after wing the NOTICE ofAPPEAL. stpnAn of Proommmy -DV* 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 96L), appellee(s), to No a complaint in this appeal ?-t N" t agl»Iw s) (Common Pleas No. 9/iA,within twenty (20) days after service of rule or suffer entry of judgment of non pros. t4aj RULE: TO . appellee(s) Neffa of 8A"N a(s) (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 service 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. Date: /yf m 14, 20 G 9 of p my or Deputy 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 PROOF OF SERVICE OF ROT/CF OF APPEAL AND RULE TO FILE COA#Pt AlNT (This proof of service MUST BE FILED *TH/At TEN (10) DAYS AFTER filing of the notice .of appeal: Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail sender's receipt attached hereto, and upon the appellee, (name) on ,20 ? by personal service ? by (certified) (reg s ), mafl, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Tift of otriciai My commission expires on 20 C7 C turaffiant r, rn ' i n rn Mag. Dist. No.: 09-3-03 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE a PLAINTIFF: NAME and ADDRESS rxCCARVRR, BRIAN & HRIDI 7 365 S. KXDDLRSRZ RD CARLISLR, PA 17015 MDJ Name: Hon. SUSAN X. DAY Address: 229 KILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 VIRGINIA L. RRID 1 LONGNOOD DR NRCHANICODURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 2/12/09 ® Judgment was entered for: (Name) MCCARVRR, BRIAN L HR, IDI ® Judgment was entered against: (Name) RRID, VIRGINIA L in the amount of $ 5, 751.0 Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 ? Portion of Judgment.for physical damages arising out of residential lease $ Amount of Judgment $ 5,621.00 Judgment Costs $-30.00 Interest on Judgment $ .05 Attorney Fees $-.00 Total $ 5,751.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTEW COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLES$.,TJiE JUDGMENT IS ENTERED IN THE COURT OF COMMON.PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR kNTRY•OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF. THE JUDGMENT ^DEBTOR' PAYS IN FULL, SETTLES;'OR OTHERWJSE.COMPLIES WITHTHE"JUDGMENT. Magisterial District Judge proceedings containing tktejudgment. ?- Magisterial District Judge COMMONWEALTH OF PENNSYLVANIA COUNTY OF: '*1=ZRLAND My commission expires first Monday of January, 2010 AOPC 315-07 L J vs. DEFENDANT: NAME and ADDRESS rRRID, VIRGINIA L 7 1 LONGNOOD DR MECHANICSBURG, PA 17050 L J Docket No.: CV-0000526-08 Date Filed: 12/23/08 2/12.1;09 SEAL n ?? .. -V m b csa 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.) COMMONWEALTH OF PENNSYLVANI COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas QR ^ f(,.27 upon the District Justice designated therein on (date of service) 2(P , 20 0 °1_, ? by personal service ? byyp (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ?; 7 Df it7v?1 C C J1 r , on 0-3 I Z 6; 20? by personal service by (certified) (registered) mail. sender's receipt attached hereto. (SWORN) (AFFIRMED) AND./ 1SUBSCRIBED BEFORE ME THIS.2L-01,DAY OF 20jnq- -I WLY Signature of af6ant Signrre d olcial before wh)m affidavit was made Title of official L My commission expires on 201j RL Ji-I1 Uu7 fV NOTARIAL SEAL: PROTHONOTARY, NOTARY=PUBUC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4. 2010 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cw>1 ' j NOTICE. OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Ii"Piro)` NOTICE OF SAL 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 an the date and in the case referehced below. V1 ' Vs V i I`\ This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the jud~ for possession in this case. &0nW- of ftV-iohy -DVW was Nb. before a District Justice, A COMPLAINT MUST BE FILED withmn twenty (20) days after Mw the NOTICE of APPEAL. PRAE# 11116" O EIS i TO`I AW AMP WLE TO,FILE (This section of farm to be used ONLY when appellant was DEFENDANT (see Pa.!tC.P.D.J. No. 1001(7) in action before 0strici Justice. IF NOT USED, detach from copy of nodoe of appeat to be served upon apWee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a cons in this appeal NW w fit app"Ws) (Common Pleas No. of_- till k within twenty (20) days after service of male or suffer entry of judgment of non pros. SOW- of MA aalk-atl? MW crag" RULE: To &Okn ms(s) atapPOMWA) (1) You are notified that a rule is hereby entered upon you to fie a'complaint in this appeal within twre of this rule upon you by personal service or by peddled or rb red MO. I,- ` (2) If you do not file a complaint within this time. ,a AXDGK*NT OF PROS MAY BE ??AGAW914 (3) The date of service of this rule if service was by Pik ftdese of1he mailing Date: MI& /(I , 20 4' 1 after the date of service y? . ,,., _f v7' YOU RUST INCLUDE A COPY OF THE NOTICE OF JUDQ0WT/TlUjN4R1PT •; 6?11P APPEAL. ? ZOO AOPC 312-02 W"n't COURT Fn.E TO BE FILED WITH PROTONOTARY GREEN - COURT FILE YELLOW- APPELL4N 'S COPY PINK -COPY TO BE S 0f.LE£ GOLD -CM TO K SERW OR DWIVACt AOME O LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com BRIAN AND HEIDI MCCARVER, Plaintiffs V. VIRGINIA L. REID, Defendant Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 2009-1627 CIVIL TERM NOTICE TO PLEAD TO: VIRGINIA L. REED The Law Offices of Peter J. Russo, P.C. Peter J. Russo, Esquire Attorneys for the Plaintiffs 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com You are hereby notified to file a written a written response to the enclosed Plaintiffs' Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Date: April 7, 2009 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com BRIAN AND HEIDI MCCARVER, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW VIRGINIA L. REED, : NO. 2009-1627 CIVIL TERM 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 17013 717-249-3166 1-800-990-9108 2 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Please of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 3 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com Attorneys for Plaintiffs BRIAN AND HEIDI MCCARVER, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW VIRGINIA L. REED, NO. 2009-1627 CIVIL TERM Defendant COMPLAINT AND NOW COMES, Plaintiffs, Brian and Heidi McCarver, by and through their counsel, Law Offices of Peter J. Russo, P.C. and aver the following in support of their complaint: 1. Plaintiffs are Brian and Heidi McCarver (hereinafter "Plaintiffs"), adult individuals residing at 365 S. Middlesex Rd., Carlisle, Pennsylvania 17015. 2. Defendant is Virginia L. Reid (hereinafter "Defendant"), an adult individual residing at 1 Longwood Dr., Mechanicsburg, Pennsylvania 17050. 3. On or about February 1, 2007, Defendants entered into a lease agreement with Plaintiffs for the rental of 7 Beagle Club Rd., Carlisle, Pennsylvania 17013 (hereinafter "the Property"). Attached as Exhibit A, is a true and correct copy of said lease agreement. 4. The lease agreement entered into by the parties was to terminate on May 31, 2007. 5. Paragraph 4 of the lease agreement provides: 4 a. this lease agreement shall automatically become a monthly lease at the end of the lease term unless either party elects not to continue the lease or both parties agree otherwise in writing before the end of the lease term. 6. Defendant remained in the Property until November 6, 2008. 7. Defendant failed to pay rent totaling $3,331.00, as follows: a. August 2008: unpaid rent-$550 late fees-$319 total-$869 b.September 2008: unpaid rent-$1050 late fees-$226 total-$1276 c. October 2008: unpaid rent-$1050 late fees-$136 total- $1186 8. Despite Plaintiffs demands for payment for the sum of the unpaid rent, Defendant has refused to make said payments. 9. Prior to Defendant's occupancy of the Property, Plaintiffs engaged in a professional carpet cleaning company to clean all the carpets of the Property. Attached as Exhibit B, is a true and correct copy of the invoice for the carpet cleaning. 10. Upon completion of a walk through after Defendant vacated the Property, Plaintiffs became aware of substantial damage to the carpet in the Property. 11. Despite repeated requests by Plaintiffs to address this matter with Defendant, Defendant refused to discuss or rectify the damage to the carpets. 12. It is believed, and therefore averred that Defendant had several pets in excess of the one dog and one cat permitted under the lease. 13. As a result of urine and fecal stains and residual odor throughout the Property, Plaintiffs were required to replace the carpet of the Property. 14. Paragraph 6 of the lease agreement makes Defendant responsible for any damages created as a result of misuse or negligence. 5 15. As a result of the damages created by Defendant, Plaintiffs were required to replace the carpet in the residence at a cost of $3.50 per square-foot for a total square footage of 955 square feet equaling $3,345.00. 16. Defendant also elected to install a pool in the backyard of the Property, which upon its removal caused an area of dead grass to be exposed. 17. Plaintiffs were required to spend approximately $50.00 to re-seed that area. 18. Defendant had a security deposit of $1,225.00 which has been retained and credited towards the damages created, thus leaving a balance of $2,170.00. COUNT I - BREACH OF CONTRACT 19. Plaintiffs incorporate herein by reference the averments in Paragraphs 1 through 18. 20. Under the terms of the lease agreement, Defendant agreed to pay rent in the amount of $1,050.00 per month. 21. Under the terms of the lease agreement, Defendant agreed that upon the expiration of the lease term, the occupancy would continue on a month-to-month basis. 22. Under the terms of the lease agreement, Defendant agreed to pay for all damages. 23. Despite repeated requests by Plaintiffs, Defendant has not paid rent for her occupancy in August, September and/or October 2008. 24. Despite repeated requests by Plaintiffs, Defendant has not paid for the damages created by her pets during her occupancy of the Property. 25. As a result of the above stated breaches by Defendant, Plaintiffs have incurred direct, indirect, consequential, general and specific damages, including, but not limited to the following: a. $2,650.00 - unpaid rent 6 b. $721.00 - late fees c. $3,515.00 - property damages WHEREFORE, Plaintiffs, Brian and Heidi McCarver hereby demand judgment in their favor and against Defendant Virginia L. Reid in an amount which equals $5.661.00, an amount that does not exceed the jurisdictional limit for mandatory arbitration, plus costs of suit, reasonable attorneys fees and interest. LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs Peter J. Russo, Esquire ID # 72897 Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 Date: 7 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com Attorneys for Plaintiffs BRIAN AND HEIDI MCCARVER, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW VIRGINIA L. REID, NO. 2009-1627 CIVIL TERM Defendant VERIFICATION We, Brian and Heidi McCarver, verify that the statements made in the foregoing document(s) are true and correct. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. 3?A ---------- Date: ?Irv 1kiuk-KIcCarver Date: /? Heidi McCarver 7 EXHIBIT A f THIS IS A LEGAL DOCUMENT. DO NOT SIGN THIS LEASE AGREEMENT UNTIL YOU HAVE READ IT CAREFULLY. LEASE AGREEMENT THIS IS A LEASE. The Owners name is Brian and Heidi McCarver (Owner). The Tenant's name is Virginia L. Reid_ (Tenant). Tenant shall rent property from the Owner located at 7 Beagle Club Road Carlisle, PA 17013_ ("premises"). The Lease begins on 0210112007 The Lease ends on ?? . Owner and Tenant agree upon the following terms and conditions: N, l?? RENT a 1. The rental payment is $12,900 per year. Tenant must pay the rent in monthly installments of $1075 postmarked by the first day of each month in advance. The rental payment must arrive at 365 South Middlesex Road, Carlisle, PA 17013 postmarked by the first of the month. If Owner receives rent postmarked on or before the first day of the month, $25 of the monthly installment shall be refunded to the tenant for timely submission. For the first occurrence of Owner not receiving rent prior to the first day of the month, the Owner will not refund $25 of that month's installment. For the second occurrence, the Owner will not refund any portion of that month's or any future month's rent for the duration of the lease. LATE FEES AND CHARGES 2. If Owner receives rent after the 5th of the month, Tenant shall pay a late charge of $3.00 per day beginning on the 6th day of each month. In order to avoid these late charges, the monthly rent payment must arrive at 365 South Middlesex Road, Carlisle, PA 17013 postmarked by the fifth of the month. If any rent check is returned to Owner by a bank for insufficient funds or other reasons, Owner will charge Tenant a $25.00 service charge in addition to any other charges which Owner must pay Owner's bank. WAIVER OF NOTICE TO QUIT 3. Tenant agrees to surrender the premises upon 30 days notice posted on the premises, personally delivered or mailed to tenant or her agent at the end of the lease term, or any renewal term thereof. Further, tenant agrees to surrender the premises immediately without notice to quit from landlord for any breach of the lease terms, and under such circumstances, tenant hereby agrees to waive any right she may have under the Landlord Tenant Act of 1951 to notice of fifteen days, thirty days, or three months and hereby acknowledges that no notice shall be required to be provided by landlord prior to a demand for possession, except as set forth in this paragraph. TERMINATION AND RENEWALS 4. This lease agreement sNO automatically become a monthly lease at the end of the lease term unless either party elects not to continue the lease or both parties agree otherwise in writing before the end of the lease term. Tenant agrees to provide owner written notice at least one calendar month in advance of her intention to terminate the lease. At the end of the lease term, Owner may raise the rent or change any part of this lease. Owner also may get the premises back at the end of the lease term. UTILITIES 5. Owner and Tenant agree that the cost of utilities shall be paid as follows: UTILITY RVICE TO BE PAID BY TENANT TO BE PAID BY OWNER Heating of Premises X Heating of Water for Premises X Electricity X Gas N/A Water N/A Sewer N/A Management/Association Fee N/A Telephone X Cable TV Service X Janitor Service N/A Septic Cleaning X - 3 r Twn Requirement Oil Burner Cleaning N/A Lawn Care X Snow Removal X Landscaping X X - Tree removal Leaf Removal X Trash x Owner shall have the right temporarily to stop the services of any utility in the event of an accident affecting the same or to make repairs or alterations made to the Building. USE AND CARE OF PREMISES 6. Care. Tenant shall be careful in the use of the premises, the appliances, and all other parts of Owner's property. In the event of misuse or negligence by the Tenant, Tenant shall repair and maintain, at Tenant's expense, all appliances including, but not limited to, electric range, refrigerator, and garbage disposal. In the event that any of the foregoing appliances shall not be repairable, Owner will, at Owner's expense, replace said appliance. Owner shall have full discretion as to whether any given appliance shall be repaired or replaced. When this lease ends, Tenant shall repair all appliances not in working condition, at Tenant's expense. Owner shall deduct the cost of the repairs from Tenant's security deposit. 7. Use. Tenant may not conduct a business or profession in the premises, except as described in rental application and agreed to by owner. Otherwise, tenant may do nothing more than live in the premises. Tenant shall not permit or allow anything to be done or kept upon or within the premises which will interfere with the rights of the other occupants, annoy them with unreasonable noises or otherwise. Tenant shall not commit or -2- permit any nuisance in the premises. Tenant shall not commit or allow any immoral or illegal act in the premises. RULES AND REGULATIONS CONCERNING USE AND OCCUPANCY GIK 8. Tenant must obey the following rules in order to stay in the premises `Iori, A. Except for prior approval from owner, no dog, cat or other animal of any kind will be brought, permitted or kept on the premises or elsewhere on the Owner's property. In addition to the penalties contained in this lease, Owner may assess a $50/month charge against Tenant for any animal found on the premises. B. Tenant(s), members of his (their) family, his (their) visitors and servants shall not at any time make any noise or do anything which disturbs any other resident or interferes with the rights, comfort, or conveniences of any other resident. Musical or sound reproducing instruments or singing within the premises shall be inaudible outside the premises between 10 o'clock each night and 9 o'clock the following morning. C. No resident shall place or permit to be placed or maintained any sign or advertising matter or device or any roof aerial or other structure in any window of the premises or elsewhere upon the Owner's property. No resident shall place or permit to be placed or maintained any awning, screen, shade or blind in or at any window of the premises without prior consent of the Owner. Damage to storm doors and windows due to negligence will be the responsibility of the Tenant. D. Tenant shall use plumbing and electrical installations only for their intended purposes and shall be fully responsible for the maintenance of same and for cleaning any stoppages in waste water lines. E. Maximum occupancy: No more than _2_ person(s) will be permitted to occupy the premises. F. Tenant(s) agree(s) that Owner may change these rules from time to time as may be required to protect the premises or Owner's other property or add to Tenant's enjoyment of it. G. Tenant is required to use the security system, if any, which Owner has installed on the leased premises. Tenant shall not deactivate or disconnect any such system at any time. H. Any window or other glass broken during the term of this lease shall be the responsibility of Tenant. Tenant shall be responsible for routine maintenance of the electronic dust filters, if any. J. Hallways, walkways, stairs, landings and entryways shall be used only for access to and from the premises, shall not be used for children's play areas. Tenant shall keep those -3- areas clear of bicycles, waste receptacles, toys and other articles at all times. K. Tenant must place all trash and rubbish in bags inside containers. Tenant shall keep the premises in good and sanitary condition. L. Tenant shall not change locks or install additional locks, without the written consent of Owner. M. Tenant shall not use or store any kerosene or space heaters in the premises. RIGHTS AND RESPONSIBILITIES 9. Delivery of Possession by Owner. If, due to circumstances beyond Owner's control, the premises shall not be ready for Tenant to move in at the beginning of the lease term, this lease shall nevertheless remain in effect. The rent shall be reduced proportionately until the premises are ready. Owner shall not be responsible for delay. If the premises shall not be ready sixty (60) days after the beginning of the term, Tenant shall have the right to cancel this lease by written notice delivered to Owner at any time after sixty (60) days, but not after the unit is ready. This cancellation shall be Tenant's only remedy. Upon such cancellation neither party shall have any further rights against the other. Owner shall repay any deposit made by Tenant. If Tenant shall move in before the beginning of the lease term, the terms of this lease shall apply. Tenant shall pay, before moving in, rent for the same period from the date of moving in to the beginning of the lease term. 10. Damage by Fire. If the premises are damaged by fire or other casualty, Owner shall repair within a reasonable time. Rent shall continue unless the casualty renders the unit unlivable, in which case this lease shall terminate. Tenant, upon payment of all rent to the date the unit is surrendered, shall not be liable for any further rent. If only a portion of the premises is unlivable, the Tenant may, with the mutual agreement of Owner, choose to continue in possession and shall be entitled to a reduction in the amount of rent. Tenant may still end the lease if repairs are not made within ninety (90) days. 11. Property Damage and Personal Injury. Tenant agrees that Owner shall not be responsible for property damage or personal injury occurring on the premises unless the damage or injury results directly from Owner's negligence. Tenant must buy, at Tenant's expense, a Tenant's Homeowner's Policy to insure against personal injury to Tenant, other occupants, guests, or visitors that occurs on the premises. 12. Riaht of Entry. Owner, or any person authorized by Owner, shall have the right to enter the unit at reasonable times to inspect, replace appliances as needed, and to show the unit to prospective tenants. Owner shall give Tenant notice of his or their intention to enter, if possible. Notification shall not be necessary in case of emergency. -4- SECURITY DEPOSIT 13. Tenant agrees to pay as security deposit the amount of one thousand two hundred ($1200) before moving in to the unit. The security deposit shall be held by Owner as security for the payment of all rent and other amounts due from Tenant to Owner, for the Tenant's performance of this lease and against any damages to the premises or Owner's property caused by Tenant, Tenant's family, other occupants or guests. Following the termination of this lease, Owner shall return the security deposit, less any deductions from it on account of amounts owed by Tenant to Owner, by check payable to all persons signing this lease. Tenant must furnish a mailing address in writing within twenty (20) days after moving out. If Tenant does not provide this mailing address, the security deposit may not be returned. DEFAULT 14. The following things will happen (as well as judgment pursuant to ¶¶ 15 and 16) if Tenant violates any part of this Lease. A. If Tenant defaults in the payment of any part of the rent or violates or tries to violate any part of this lease, the entire rent reserved for the full term of this lease remaining unpaid shall immediately become due and payable at once. In other words, if the Tenant does anything wrong, all of the rent for the entire lease tern (including all future months) shall be immediately due. Owner may collect said rent by distress (taking Tenant's property) or as otherwise provided in this lease. At the same time, the Owner may evict and/or remove Tenant and repossess the premises with or without process of law and without giving any notice whatsoever, which notice Tenant expressly waives. In other words, Tenant shall be evicted without further warning. B. Upon violation of this lease, Owner may re-rent the premises to a new tenant and collect rent from that tenant. All rights of Tenant to be in the premises shall be forfeited. Tenant would not be released from any rent to be paid or duties to be performed during the full term of this lease. C. Owner may repair the premises and charge Tenant for the repairs. Owner shall also charge Tenant for the cost of re-renting, including advertising, realtors' commissions, owner's time, attorney fees, employees' time, etc. D. Tenant's removal of any goods from the premises either by day or night, without the written consent of lessor, shall be deemed a clandestine and fraudulent removal, and such goods shall remain liable to distraint (taken back by Owner) for a period of thirty (30) days after such removal wherever they may be found. -5- 1, a MISCELLANEOUS 15. Subordination. Any bank or other party with a lien or mortgage on the premises has a stronger claim to the premises than the Tenant. Tenant agrees, on request, to sign papers in favor of any such lienholder. If Tenant fails to do so, Owner may do so in the name of Tenant. 16. Assigning and Subletting. Tenant shall not assign this lease or sublet all or any portion of the premises without Owner's prior written consent. 17. Declaration of Governing Laws. Any disputes shall be decided in Pennsylvania under Pennsylvania law. 18. Cumulative Remedies. There are many remedies which Owner may use against Tenant. Owner may use all of them or some of them. Owner may even use remedies which might not be in this lease. 19. Entire Agreement and Modification. This lease is the entire agreement between Owner and Tenant. Any other agreements shall be void unless they are signed by both Owner and Tenant. Any agreement signed before this lease is void. 20. Lease Binding Upon Heirs. Executors. Administrators Successors and Assigns. The term "Tenant" shall mean everyone who signed this lease as Tenant. The liability of each such person shall be joint and several. Each tenant shall be responsible for the full rental payment. Notice given by Owner to any person named as Tenant or by any such person to Owner, shall bind all persons signing this lease as Tenant. The term "Tenant" shall also refer to any persons named as heirs, executors, administrators or successors of Tenant as if they were in every case named in this lease. 21. Severability. If any provision of this lease shall be declared invalid or unenforceable, the remaining provisions of this lease shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the date and year first-above written. TENANT: Date: 0 , (SEAL) OWNER: Date: (SEAL) -6- EXHIBIT B Personal Touch Cleaning 18 Chestnut Dr. Carlisle, PA 17013 Phone (717) 249-6914 BILL TO: Bryan McCarver 7 Beagle Club Road Carlisle, PA 17013 JOB ADDRESS: INVOICE 912901 DATE lMS107 DESCRIPTION AMOUNT BASIC STEAM CLEAN CARPETS AND SPOT REMOVAL PROCESS (SILVER Package): P7 -STEAM CLEAN AND APPLY SCOTCH GUARD FABRIC PROTECTANT (GOLD Package) *Vacuum areas to be cleaned * Heavy duty pre-spray areas to remove oily soils * Agitate fibers using a multi-directional brush machine * Thorough steam extraction cleaning * Residue free rinse to retard soiling * Apply scotchguard stain protector *Replace furniture using protective tabs * Final grooming using a special carpet rake * post clean inspection walk through GOLD PACKAGE BONUSES * HALF PRICE CLEANING WITH THE'NO BRAINER' PROGRAM * FREE Referral Rewards Membership y?vv x t1 *FREE Ultimate S ot Removal G id e ro? p u *FREE Set of Shoe Protectors *FREE S i lt S tt f Lif hi pec a y po er or e (w le a Personal Touch Client V -STEAM CLEAN AND APPLY SCOTCH GUARD FABRIC PROTECTANT (Platinum Pa;kagel PET LIVE ENZYME TREATMENT TOTAL STEPS steps UPHOLSTERY / RUG CLEANING PL' Subtotal 4d 79, C? 0 Sales Taxl t TOTAL o? e ?oa? Make all checks payable to Personal Touch Carpet Cleaning, please Include invoice number on check. THANK YOU FOR YOUR BUSINESS I Personal Touch Carpet Cleaning is a division of Personal Touch Enterprises, LLC A W+ ."1 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: pmsso@pjrlaw.com BRIAN AND HEIDI MCCARVER, Plaintiffs V. VIRGINIA L. REED, Defendant Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2009-1627 CIVIL TERM CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the foregoing documents upon the person(s) and in the manner indicated below: Certified Mail, Restricted Delivery, Return Receipt Requested, and addressed as follows: Virginia L. Reid 1 Longwood Drive Mechanicsburg, PA 17050 Date: y/8 X09 9 _kkl Ui Amber L. Southard, Paralegal FILED-0SCE OF THE PROW,1110TAPY 2009 APR -8 AN 8: 04 Ss r i i OW LV 4A LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com BRIAN AND HEIDI MCCARVER,: IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW VIRGINIA L. REID, NO. 2009-1627 CIVIL TERM Defendant 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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 17013 717-249-3166 1-800-990-9108 THE LAW OFFICE OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiff 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 • . ! LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com BRIAN AND HEIDI MCCARVER,: IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW VIRGINIA L. REID, NO. 2009-1627 CIVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the foregoing document, upon the following person, in the manner indicated: Service by CERTIFIED MAIL AND US FIRST CLASS MAIL: Virginia L. Reid I Longwood Drive Mechanicsburg, PA 17050 DATE: I' ` .. FILI-:'> i F THE 2 099 AP i IN 'u Pii 2: 4 2 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prussogpjrlaw.com BRIAN AND HEIDI MCCARVER, Plaintiffs VIRGINIA L. REID, Defendant V. Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-1627 CIVIL TERM MOTION FOR DEFAULT JUDGMENT AND ENTRY OF JUDGMENT AND NOW, COMES The Law Offices of Peter J. Russo, P.C., and sets forth the following: 1. On or around March 26, 2009 Plaintiff was served with a Praecipe to Enter Rule to File Complaint. 2. On or around April 8, 2009 Plaintiff filed a complaint and mailed the complaint via US Regular Mail and Certified Mail to the defendants. 3. On or around the April 29, 2009 the twenty (20) days following service had elapsed and a Written Notice of Intention to File Praecipe for Entry of Default Judgment was filed and mailed by certified and regular mail on April 30, 2009 to the defendant. 4. A Praecipe for Entry of Default Judgment was filed simultaneously with this motion. 5. To date defendant has yet to respond to the aforementioned Complaint, Notice of Intent to File Default Judgment or Praecipe for Entry of Default. 6. Plaintiff is entitled to a judgment of $6,301.00 for the following damages: a. $2,650.00 - unpaid rent b. $721.00 -late fees c. $3,515.00 - property damages d. $510.00 - attorney's fees (as provided in the lease agreement) e. $130.00 - costs of suit (as provided in the lease agreement) f. Less a credit of 1,225.00 WHEREFORE, Plaintiff prays this Court to enter a Rule to Show Cause why a hearing should not be held to enter judgment in favor of Plaintiffs, Brian and Heidi McCarver and against Virginia Reid in an amount to be proven at trial, together with its reasonable attorneys' fees, costs expenses, and such other and further relief as this Court may deem just and proper. Respectfully submitted, Law Offices o P.C. Date: By: ~ Peter Russo, Esquire Supreme Court ID #72897 Elizabeth Saylor, Esquire Supreme Court ID #200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso(c&pjrlaw.com BRIAN AND HEIDI MCCARVER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. VIRGINIA L. REID, Defendant : CIVIL ACTION -LAW : NO. 2009-1627 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the foregoing documents upon the following persons, in the manner indicated: FIRST CLASS MAIL Virginia L. Reid 1 Longwood Drive Mechanicsburg, PA 17050 Date: BY: - Ashley R. Si e, Paralegal F FILED- ? :fit. 2009 fim 12 Al (1 : I ? /r- $ t a LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com BRIAN AND HEIDI MCCARVER, Plaintiffs V. VIRGINIA L. REID, Defendant Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 2009-1627 CIVIL TERM PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To the Prothonotary: Please enter a judgment of default in favor of plaintiffs Brian and Heidi McCarver and against defendant Virginia L. Reid for her failure to plead to the cross complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Plaintiff was served with the Praecipe to Enter Rule to File Complaint and Rule to File on or about March 26, 2009. Plaintiff filed a complaint and mailed the Complaint via US Regular Mail and Certified mail on or around April 8, 2009 with an answer due on or before April 29, 2009. Attached as Exhibit "A" is a copy of Plaintiffs' Written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by certified and regular mail to the defendant at her last known address on April 30, 2009, which is at least 10 days prior to the filing of this Praecipe. 1 Please enter judgment in favor of Plaintiff and against Defendant. THE LAW OFFICE OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiff 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: S/ woQ EXHIBIT 8 - A LAW OFFICES OF PETER I RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com Attorneys for Plaic)t)ffs r., 5 BRIAN AND HEIDI MCCARVER,: IN THE COURT OF COMMON PLEAS 6v plaintim : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW VIRGINIA I.. REID, NO. 2009-1627 CIVIL TERM Defendant . 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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 17013 717-249-3166 1-804-990-9108 THE LAW OFFICE OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth L Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiff 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 w LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: pnisso@pjrlaw.com Attorneys for Plaintiffs BRIAN AND HEIDI MCCARVER,: IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW VIRGINIA L. REID, NO. 2009-1627 CIVIL TERM Defendant . CERTIFICATE OF SERVICE 1 hereby certify that I have on this day served a true and correct copy of the foregoing document, upon the following person, in the manner indicated: Service by CERTIFIED MAIL AND US FIRST CLASS MAIL: Virginia L. Reid 1 Longwood Drive Mechanicsburg, PA 17050 DATE: 6AA Ashley ' ' ipe, Parale al I r, • LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com Attorneys for Plaintiffs BRIAN AND HEIDI MCCARVER, : IN ,THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW VIRGINIA L. REID, Defendant : NO. 2009-1627 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the foregoing document, upon the following person, in the manner indicated: Service by US FIRST CLASS MAIL and CERTIFIED MAIL: Virginia L. Reid 1 Longwood Drive Mechanicsburg, PA 17050 Ashley R. ipe, Paral gal DATE: `? C)) f F I ' F I L E D--O, rluE _ OF THE i f-E € I ''`?'' tF?Y 2009 MAY 12 AM I l Y 39 414,00 PD AT'''E at.,* 31 cl to PT# aaso 3 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897- 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com BRIAN AND HEIDI MCCARVER, : IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW VIRGINIA L. REID, Defendant NO. 2009-1627 CIVIL TERM PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a Judgment against Defendant, Virginia L. Reid and in favor of Plaintiff, Brian and Heidi McCarver in the amount of $6,301.00, plus costs of suit. Respectfully submitted, ~~,. Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. Date: ~ 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 o .- -~.. LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com BRIAN AND HEIDI MCCARVER, : IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW VIRGINIA L. REID, NO. 2009-1627 CIVIL TERM Defendant PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter a Judgment against Defendant, Virginia L. Reid and in favor of Plaintiff, Brian and Heidi McCarver in the amount of $6,301.00, plus costs of suit. Respectfully submitted, Peter J. Russo, ~ -- Law Offices of Peter J. Russo, P.C. Date: °7! j a ~ O ~} 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 `,,. ~... -,,-~ ~,~ 2Q~9 Jill (0 P~~ I ~ ! 5 b ~~'ti ~_a t;r r ~. ~ . . # 14 .oo PD Pt,FF ~stt ~ o'to178~1~ ~~~ ~~. cQ t -?. . ~ ~ LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com BRIAN AND HEIDI MCCARVER, : IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW VIRGINIA L. REID, NO. 2009-1627 CIVIL TERM Defendant NOTICE OF ENTRY OF JUDGMENT In accordance with Rule 236 of the Pennsylvania Supreme Court, this is to notify you that the following judgment was entered against you in the Cumberland County Prothonotary's office. The date of judgment is ~ c _, Docket No. ~q..l~-a9 ,Civil Term. Peter J. Russo, Es Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Date: '`I J ~ ~ p 9 ~~ ._~... IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Brian and Heidi McCarver ( }Confessed Judgment 1520 Market Street (X} Other Camp Hill, PA 17011 File No. p9- l(oc~'I Amount Due $6,301.00 v. Atty's Comm. 1 260.20 Costs ~-~ bark Virginia L. Reid 1 Long Wood Drive Mechanicsburg, PA 17050 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of York County, for debt, interest and costs, upon the following described property of the defendant(s) All property including but not limited to furniture, desks, computers, televisions, printer, cash which is located at 1 Longwood Drive, Mechanicsburs. PA 17050 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of N/A County, for debt, interest and costs, as above, directing attachment against the above-names garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list) And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). •.~ ~~eK,~ gf U~ puD re '- . (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: r ~ ~D 0 / Signatur . Print Name: Peter J. R Address: 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Supreme Court ID No. 72897 p ,,/mil ~r ~7~" .~ i t'r~: ~\ Tx1f' 1 ., t :' , y r~ 4; ~a+~.oo Po Arrt ~~. oo ,. ~~ . oo ,~ a.so y ~ 5~f . 50- PO aRy ~a.oo QueCo • go u. ~x~ a778~s w«~-~ Fem.. ~a~.~ .~. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND) ) NO 09-1627 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRIAN and HEIDI McCARVER, Plaintiff (s) From VIRGINIA L. REID, 1 Long Wood Drive, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell all property including but not limited to furniture, desks, computers, televisions, printer, cash which is located at 1 Longwood Drive, Mechanicsburg, PA 17050 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,301.00 Interest L.L. $.50 Atty's Comm $1,260.20 Atty Paid ~ 5~. gp Plaintiff Paid Date: 7/10/09 (Seal) REQUESTING PARTY: Name PETER J. RUSSO, ESQUIRE Address: LAW OFFICES OF PETER J. RUSSO, PC 5006 E. TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 Attorney for: PLAINTIFF Telephone: 717-591-1755 Supreme Court ID No. 72897 Due Prothy $2.00 Other Costs s . Long, P thono By: Deputy Y' IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Brian and Heidi McCarver 1520 Market Street Camp Hill, PA 17011 V. Virginia L. Reid 1 Long Wood Drive Mechanicsburg, PA 17050 TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment rna ( X) Other 3W rn File No. 2009-1627 cznr- Amount Due $6,301.00 ?x Atty's Comm. $1,260.20 C ter, Costs $174.00 =o 5;c: c' --r 0 Z 0 OD 0 cn rn - VM x? The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Mechanicsburg County, for debt, interest and costs, upon the following described property of the defendant(s) All property including but not limited to furniture, desks, computers, televisions printer, cash which is located at 1 Longwood Drive, Mechanicsburg, PA 17050 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of N/A County, for debt, interest and costs, as above, directing attachment against the above-names garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list) And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). vs - (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: Signatur Print Name: eter Address: 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Supreme Court ID No. 72897 X04 Z/K ? ?? a ? ?v7. ?? µ ??Y' /510 ?4/. e," . "? -?O 0" e- 6 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2009-1627 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Brian and Heidi McCarver 1520 Market St., Camp Hill, PA 17011 Plaintiff (s) From Virginia L. Reid 1 Long Wood Dr. Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell All property including but not limited to furniture, desks, computers, televisions, printer, cash which is located at I Longwood Drive, Mechanicsburg, PA 17050. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,301.00 Interest Atty's Comm $1,260.20 % Atty Paid $183.81 Plaintiff Paid Date: November 18, 2011 (Seal) L.L. Due Prothy $2.00 Other Costs: ik David D.? Buell, Prothonotary DREQUESTING PARTY: Name Peter J. Russo, Esq. Address: 5006 E. Trindle Rd., Suite 100 Mechanicsburg, PA 17050 Attorney for: Telephone: 717-591-1755 Supreme Court ID No. 72897 SHERIFF'S OFFICE OF CUMBERLAND COUNTY .iy R Anderson .eriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Heidi McCarver (et al.) vs. Virginia L Reid rti;i' PE H1 1SYI VA,N1A., Case Number 2009-1627 SHERIFF'S RETURN OF SERVICE 11/30/2011 09:10 PM - Robert Bitner, Deputy, being duly sworn according to law, states that on November 30, 2011 at 9:10 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Virginia L Reid at 1 Longwood Drive, Silver Spring Township, Mechanicsburg, PA 17050, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on December 1, 2011. 06/05/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $73.20 June 05, 2012 SO ANSWERS, RON ~ R ANDERSON, SHERIFF .? -Do fd . ee" -4? ?- ??,v Y:3 ;c ;c tiff Teleoso4t, Inc.