HomeMy WebLinkAbout11-5213O ki rj Manor
A?o (4 m en s IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNS)4,VANI)?,
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Carla Cal a b?0. cn r
NO. CIVIL TERM N ri
Defendant :
PETITION TO PROCEED IN FORMA PAUPERI§"
D
The Petitioner, Ca C- I Q Cn\ a ?D t' 0. in the above-captioned matter respectfully
petitions this Court for permission to proceed in forma pauperis. As set forth in the attached Affidavit,
which is incorporated herein by reference, Petitioner is unable to pay the fees and costs necessary to
commence these proceedings.
WHEREFORE, Petitioner requests that this Court enter an order permitting her to proceed in
forma pauperis.
to
OAvd IY?ono
Ape Ame- r? S
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ca'1 'a ca I 1a
Defendants
: NO. CIVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
TO PROCEED IN FORMA PAUPERIS
1. I am the Defendant in the above matter and because of my financial condition am unable to
pay the fees and costs of prosecuting, defending, or appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay the
costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs is true
and correct.
(a) Name: NASA CA LA,661
Address:
(b) Social Security Number:
If you are presently employed, state
O it 6q 9 7 U ?705S
Employer: TI Me-rr cyM
Address : /(v ?
13 3,
Salary or wages per month:
Type of work: cM C ?(?' av- -C? .? G4 f!
If you are presently unemployed, state
Date of last employment: T t ^w- P'n I?/v 4 11hCl-/ &IhC C? <?' f (mot t7 : v
!_
Salary or wages per month: v4r , e e
Type of work: 4, ya4-,
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social Security benefits: Sirc 'k- e_ ZS, j.4 7667 o'I u ?W'
!1-/Se , e(Pfv 2 Ined, 74e-, - -05
Support payments:
Disability payments:
Unemployment compensation and
f .+ ?E'•ve
supplemental benefits: lecce hde/
rC??n ?? WW1`' C?
Workman 's compensation:
Public Assistance: 2zM
Other:
(d) Other contributions to household support
(Wife)(Husband) Name:
If your (husband) (wife) is employed, state
Wc.(?c? C//.1C?fi?o?c
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash:
Checking Account:
C)
Savings Account:
Certificates of Deposit:
Real Estate (including home) :
Motor vehicle: Mak 1 Year
1 17
Cost Amount owed t?
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
r
xent: D
Loans : Q-l I ,a E (k. i o) c *.i a Lq
Monthly Expenses:_ tj? ca
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name:
Age:
4. I understand that I have a continuing obligation to inform the court of improvement in my
financial circumstances, which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made sub
falsification to authorities.
Date: 2,7- 2,011
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND ) SS:
Swam and subsoMW to
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A pa r?menA S
Plaintiff
V.
Carla Calabri'a
Defendants
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. l f -5?'?IVIL TERM
ORDER OF COURT
AND NOW this v?7? da of
Y
!Va
, 2011, upon consideration of the
attached Petition and Affidavit, the petitioner is allowed to proceed in forma pauperis.
BY THE COURT,
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Defendant: CGt?la COAabri* a =C) = =a
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IPv'OO F BFI f49f A CE tflF AQP AND RULE TO FILE CON(PLAMT.
(This pi x r of sen; e' MUST BE FILED W/TkJ1N TEN (40) DAYS AFTtR filing of the notice of appeal. Check applicable boxes.)
COMMOPi'V1lIEALTH ' PENNSY ANIA
COUNTY C)i: t(m''??i- a ; ss
AFFIDAVIT: I h I by (swear) (affirm) that I served
12 a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on
(date of service) ,,,/4A.e , x 20 11 ? by personal service ® by (certified) (regis eredail,
sender's receipt attached hereto, and upon the appellee, (name)
20 c1# if ? by personal service by (certified) (registered) mail,
se der's receipt attached hereto.
(SWORN] (AFFIRM
T H I DA D) AND?SUBSCRIBED BEFORE ME
OF 20I .
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S22turee0laHiant
Signature of ffcialre Mom a>fi as made ! L
Title of offida
My commission expir es on F.. nAw-'. M2o G
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2.201s1
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
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.
NAME OFwf • J 1 i ° /T zA I O f ` 0./- V / I IMALES CZ r-x0 / V + -1;
ADDRESS OF APPELLANT 0 CITY {? STATE ZIP CODE
46 ?- j-6-
In This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Signature of Prothonotary or Deputy
was Claimant (see
action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing 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 appeties.
PRAECIPE: To Prothonotary
Enter rule upon , f
r
Name of appellee(s)
(Common Pleas No. J d )within twenty (20) days after
RULE: To MAd A ppellee(s)
'I W'r 10A
Name of apox )
to file a
:e !10r suffer
in this appeal
of non pros.
(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 n9tlie a.complaint*thin this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The detQ of ervlce,of pus rule; if service was by mail is the date of the mailing.
Date: t 2k1? :},a l'.C°( 4 ! t3.
Signature of Proff"Kvdr or Deputy
YOU KU6t4N0L M),&A .OPY OF THE NOTICE OF JUQ6MENTtTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY
oinut _ rnov Tn RF SFRVFn nN APPFI 1 FF GOLD - COPY TORE SERVED ON DISTRICT JUSTICE
COHEN & WILLWERTH, P.C.
ROBERT J. WILLWERTH, ESQUIRE
Identification No. 72734
JENEL R. MARRACCINI, ESQUIRE
Identification No. 93457
660 Second Street Pike
Southampton, PA 18966
Telephone No. (215) 887-8100
Attorney for AIh nt "`' NOTARY
13
e. J 1h
o COUNTY
OXFORD MANOR APARTMENTS
V.
CARLA CALABRIA
and all other occupants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 11-5213
COMPLAINT - CIVIL ACTION
NOTICE
You have been sued in court. If you
wish to defend against the claims set
forth in the following pages, you must
take action within twenty (20) days after
this complaint and notice are served, by
entering a written appearance personally
or by attorney and filing in writing with
the court your defenses or objections to
the claims set forth against you. You
are warned that if you fail to do so the
case may proceed without you and a
judgment may be entered against you by
the court without further notice for any
money claimed in the complaint or for any
other claim or relief requested by the
plaintiff. You may lose money 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.
AVISO
Le han demandado a usted en la corte.
Si usted quiere defenderse de estas
demandas expuestas en la paginas
siguientes, usted tiene veinte (20) dias
de plazo al partir de la fecha de la
demanda y la notificacion. Hace falta
asentar una comparencia escrita o en
persona o con un abogado y entregar a la
corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se
defiende, la corte tomara medidas y puede
continuar la demanda en contra suya sin
previo aviso o notificacion. A demas, la
corte puede decidir a favor del
demandante y requiere que usted cumpia
con todas las provisioner de esta
demanda. Usted puede perder dinero o sus
propiedades u otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO. VAYA EN PERSONA O LLAME
POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA
LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL & INFORMATION SERVICE
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
TTY (717) 249-2663
ASOCIACION DE LICENCIADOS DE CUMBERLAND,
SERVICIO DE REFERENCIA E INFORMACION
LEGAL
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
TTY (717) 249-2663
COHEN & WILLWERTH, P.C. : Attorney for Plaintiff
ROBERT J. WILLWERTH, ESQUIRE
Identification No. 72734
JENEL R. MARRACCINI, ESQUIRE
Identification No. 93457
660 Second Street Pike
Southampton, PA 18966
Telephone No. (215) 887-8100
OXFORD MANOR APARTMENTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
No. 11-5213
CARLA CALABRIA
and all other occupants
CIVIL ACTION COMPLAINT
Plaintiff, OXFORD MANOR APARTMENTS, by and through its attorneys, Cohen &
Willwerth, P, C., hereby files this Civil Action Complaint and in support thereof avers as follows:
1. Plaintiff OXFORD MANOR APARTMENTS (hereinafter referred to as "Landlord"),
has an address for business of 5349 Oxford Drive, Mechanicsburg, PA 17055.
1 Defendant, CARLA CALABRIA (hereinafter referred to as "Tenant") is an adult
individual and resident of the Commonwealth of Pennsylvania with a residence address of 5328 Oxford
Circle #031, Mechanicsburg, PA 17055.
3. Landlord, during all relevant times hereto, is and has been the record owner of the
property known as 5328 Oxford Circle #031, Mechanicsburg, PA 17055 (hereinafter referred to as
"Unit).
4. On or about November 1, 2009, Landlord and Tenants entered into a written lease
agreement for an initial term of one year commencing on November 1, 2009. A true and correct
copy of the parties lease agreement is attached hereto, incorporated herein and marked as Exhibit
«A„
COUNT I - NON-PAYMENT OF RENT
5. Landlord incorporates by reference the allegations contained in the above
paragraphs as though the same were fully set forth herein at length.
6. On or about June 1, 2011, Landlord served Tenant with a notice to vacate the property
indicating that Tenant had violated the lease agreement. A true and correct copy of the proposed
notice to vacate is attached hereto, incorporated herein and marked as Exhibit "B."
7. On or about June 2, 2011, as a direct result of Tenant's repeated failure to pay rent and
other monies owed in accordance with the lease, Landlord filed a Landlord and Tenant Complaint with
the Cumberland County Magisterial District Court 09-1-01. A true and correct copy of the Landlord
and Tenant Complain is attached hereto, made a part hereof and marked as Exhibit "C."
8. Despite repeated requests and demands for payment, Tenant has repeatedly failed to
remit rent payments to Landlord, when and as due.
9. To date, the following sums are due to Landlord from Tenant for rent, damages, late
fees, legal fees and unpaid court cost, all of which are in accordance with the parties lease agreement:
Damages 3,35836
June 2011 Balance 693.00
July - August 2011 Rent @ 795. 00 per month 1,590.00
July - August 2011 Late fee @ 79.50 per month 159.00
Unpaid prior legal fees 250.00
Unpaid prior court cost 166.00
TOTAL DUE PLAINTIFF: $6,216.76
10. In accordance with the parties lease agreement Tenant is responsible for ongoing rent
in the amount of $795.00 per month beginning on September 1, 2011 and continuing through the
pendancy of this action.
11. In accordance with the parties lease agreement Landlord is responsible for all
ongoing late fees not to exceed $79.50 per month beginning on September 5, 2011 and continuing
through the pendancy of this action.
12. In addition to the financial losses referred to in the preceding allegation, Landlord
has incurred additional legal fees through the time of filing this Complaint in the amount of one
thousand five hundred dollars ($1,500.00).
13. In accordance with the Lease Agreement, Tenant is responsible for all legal fees
and/or court costs incurred by Landlord in connection with the attempted recovery of possession
of its unit and of monies owed, due to breach of Lease by Tenant.
14. Plaintiff will continue to accrue attorney's fees at a reasonable rate through the
pendancy of this action.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in its
favor as follows:
(a) For money damages of $6,216.76; and
(b) For ongoing rent in the amount of $795.00 per month beginning on September 1,
2011;
(c) For ongoing late fees in the amount of $79.50 per month beginning September 5, 2011;
(d) For legal fees in the amount of $1,500.00 in addition to those incurred throughout
the pendancy of this matter;
(f) For all record costs of this action; and
(g) For all other costs and fees that this Court may deem appropriate.
COUNT H - POSSESSION BASED ON NON-PAYMENT OF RENT
15. Landlord incorporates by reference the allegations contained in the above
paragraphs as though the same were fully set forth herein at length.
16. Tenant has repeatedly failed to remit rent payments to Landlord, when and as due.
17. As a direct result of Tenant's failure to remit rental payments, Landlord is entitled
to recover possession of the premises.
WHEREFORE, Plaintiff/Landlord respectfully requests judgment for possession of the
premises 5328 Oxford Circle, #031, Mechanicsburg, PA 17055, immediately, plus the costs of
this proceeding, based on nonpayment of rent, plus costs of this proceeding.
COUNT III - POSSESSION BASED ON TERMINATION OF LEASE
18. Plaintiff incorporates by reference the allegations contained in the above paragraphs, as
though the same were fully set forth herein at length.
19. On or about June 1, 2011, Landlord forwarded to Tenant a notice of its intention to
terminate the lease as of June 27, 2011 based on agreement between Landlord and Tenant
20. In the alternative, in the event that the lease is not terminated based on Landlord and
Tenant's aforementioned agreement, Tenant's lease renewal ends on October 31, 2011.
WHEREFORE, Plaintiff/Landlord respectfully requests judgment for possession of the
premises 5328 Oxford Circle, #031, Mechanicsburg, PA 17055, immediately, plus the costs of
this proceeding, based on nonpayment of rent, plus costs of this proceeding.
COUNT IV - POSSESSION BASED ON BREACH OF LEASE
21. Plaintiff incorporates by reference the allegations contained in the above paragraphs, as
though the same were fully set forth herein at length.
22. On or about June 1, 2011, Landlord forwarded to Tenant a notice of its intention to
terminate the lease as of June 27, 2011 based on Tenants breach of lease for damaging property;
23. On or about June 1, 2011, Landlord forwarded to Tenant a notice of its intention to
terminate the lease as of June 27, 2011 based on Tenants breach of lease for failing to curb dog;
24. On or about June 1, 2011, Landlord forwarded to Tenant a notice of its intention to
terminate the lease as of June 27, 2011 based on Tenants breach of lease for failing to leash dog;
25. On or about June 1, 2011, Landlord forwarded to Tenant a notice of its intention to
terminate the lease as of June 27, 2011 based on Tenants breach of lease for disturbing other residents;
26. On or about June 1, 2011, Landlord forwarded to Tenant a notice of its intention to
terminate the lease as of June 27, 2011 based on Tenants breach of lease for committing act requiring
police activity at property;
27. On or about June 1, 2011, Landlord forwarded to Tenant a notice of its intention to
terminate the lease as of June 27, 2011 based on Tenants breach of lease for causing potential fire
hazards;
WHEREFORE, Plaintiff/Landlord respectfully requests judgment for possession of the
premises 5328 Oxford Circle, #031, Mechanicsburg, PA 17055, immediately, plus the costs of
this proceeding, based on nonpayment of rent, plus costs of this proceeding.
Respectfully submitted,
COHEN & WILLWERTH, P.
BY:
R MARRA(
v for Plaintiff
VERIFICATION PURSUANT TO PA R.C.P. 1024 (cf
bring dull allirnlcd arcordillc to la??. deposes ,?ncl sad,
f
that she is the anent ol' (Word 'Manor Apartments. Plaintiff named herein: that as st?rll.
11c She is authorized to make this Vcritication. and that the tarts set l'On1h in the foregoing
Complaint arc true and correct, based upon hisiher pcrsollal kno?ilyd??r_'I'"o1-111atloll and
helicf.
I his VCr1fICiltloil is pursuant to Ih Pa. C.S.A.. Srl'tlLM 4904 relating to
U11.tiMuru lalsil1C?Itio?I to aUth01-16Cs Mild the l-Wnaltics therrlilrr.
Oxford Manor Apartments
BY: Q
---
(Pililt VaIl1C)
(:'????111)
_rTTTu1T A
E?rilyl
.partment Lease For 5328 Oxford Circle Apt. 031, Mechanicsburg, PA 17055
Date of Term of Lease Monthly Rent Security Unit
Lease Beginning Ending (s796Ren*116Tmh) Deposit Address Type
11/01/2009 11/01/2009 10/3112010 $770.00 $200.00 # 031 2 BR
Tenant(s):
Carla Calabria Addenda:
Rules and Regulations
Mold Addendum
Pet Addendum
As of November 1, 2009 the original security deposit paid of $1,103.00 was reduced to $200.00 upon
lease renewal. All terms of the original lease executed October 30, 2008 will remain in effect.
Signatures
AND INDIVIDUALL
Date
Tenant
Date
Tenant
Date
THE MORGAN PROPERTIES
Agents for Oxford Manor Apartments
By:
Agent lkep4s a e
Jackalyn Rapp
Property Manager
Landlord agrees to rent to Tenant the "Leased Unit" on the following terms as described above.
1. RENT
Total Rent for Lease Term: $ 9,240.00
Rent for Each Month: $ 770.00
Tenant must pay rent to Landlord or Agent for Landlord by the first (1") day of every month at 5349 Oxford Dr.
Mechanicsburg, Pennsylvania. If Tenant's check is returned by the bank, Tenant will pay a charge of $25.00 as
additional rent. If any of the rent is not paid by the fifth (5") day of the month, Tenant must pay a late fee of 10%
of monthly rent.
2. SECURITY DEPOSIT
Tenant has paid to Landlord a security deposit of $200.00 Security will perform his/her obligations under this
Lease. Landlord may use the security deposit to pay for losses or damages caused by Tenant's breach of this
Lease. Tenant may not use the security deposit to pay the rent for the Leased Unit. Landlord may keep the
security deposit if Tenant fails to make rental payments or if Tenant leaves before the end of the Lease Term.
Tenant may not apply the Security Deposit to any installation of the monthly rent.
Landlord will deposit the security deposit at Citizen's Bank. Tenant must vacate the Leased Unit and give
Tenant's new address to Landlord in writing before Tenant is eligible for return of the security deposit.
3. UTILITIES
Landlord will pay the following utilities: Sewer. Tenant's portion of the Trash Removal ($5.00) will be included in
Tenant's Lease Rental Amount. Tenant agrees to place all other utilities, Electric, Gas, & Water in the name of
the Tenant and agrees to pay all bills when due during the term of the Residential Lease Agreement. Termination
of utility service or suspension of service is a violation of the Residential Lease Agreement.
Landlord is not responsible for any inconvenience or loss caused by interruption of any utilities services.
4. USE AND OCCUPANCY
(a) Tenant will personally use and continuously occupy the Leased Unit as a residence for Tenant and no other
persons. Only the following persons may reside in the Leased Unit: Carla Calabria It is a breach of this lease to
have any person(s) living in the Leased Unit who is(are) not listed in this Paragraph.
PALEASE-911/96 --- Page 1 Initials C. l_
(C) Tenant will notify Landlord in advance if Tenant intends to be away from the Leased Unit for more than ten (10)
days.
(d) Tenant will comply with all statutes, laws, ordinances and regulations. Tenant will not keep anything which is
dangerous in the Leased Unit. Tenant will not conduct any dangerous activity in the building. Tenant will not do
anything which might increase the danger to the Leased Unit or to other occupants in the building.
(e) Tenant will not act in anyway which unreasonably disturbs the peace and quiet of other residents or of Landlord or
Agent.
5. POSSESSION
Landlord will make a good faith effort to make the Leased Unit available to Tenant on the day this Lease is
scheduled to begin. If any delay does occur, no rent is due until the Leased Unit is available to Tenant.
Tenant can end this Lease by written notice to Landlord by certified mail, return receipt requested, if the Leased
Unit is not available within ten (10) days after the Lease beginning date. Tenant's only remedy is to end the
Lease. Landlord is not responsible for any inconvenience, loss or damage if there is any delay in making the
Leased Unit available to Tenant.
6. SUB-LETTING
Tenant may not sublease, transfer or assign this Lease. No person is allowed to occupy the Leased Unit unless
specifically named in Paragraph 4(a).
7. ALTERATIONS
Tenant may not remodel or make any structural changes to the interior or exterior of the Leased Unit. Tenant may
not attach or remove any carpeting or fixtures without first obtaining Landlord's written permission. When this
Lease ends, Tenant must return the Leased Unit to its original condition.
8. CONDITION OF LEASED UNIT; REPAIR OF DAMAGE
Tenant agrees to maintain the Leased Unit during the term of this lease in the same condition as it was on the
beginning date of the Lease.
Tenant agrees to return the Leased Unit to Landlord at the end of this Lease in the same condition as it was on the
beginning date of this Lease.
Tenant will promptly notify Landlord in writing if the Leased Unit is damaged or repairs are required. Landlord
agrees to perform necessary repairs with reasonable promptness after receiving written notice from Tenant.
Tenant agrees to pay as additional rent the cost of the repair of damage caused by Tenant or other permitted
occupants or visitors of Tenant. Only Landlord's employees, agents or contractors may make repairs to the
Leased Unit.
Landlord is not responsible for any inconvenience or loss caused by necessary repairs to the Leased Unit
9. CONDEMNATION
Condemnation is the power of the government to take private property for public use. If the Leased Unit or any
part of it is condemned, or voluntarily transferred by condemnation proceedings, this Lease will automatically end
as to the condemned portion.
If the Lease ends due to condemnation of a part of the Leased Unit, Landlord will reduce the rent accordingly.
If the Leased Unit becomes uninhabitable due to the condemnation, the Lease will end when Tenant pays all rent
due until the condemnation date. Tenant will not have any right to any award paid to Landlord by the condemning
authority.
10. DAMAGE TO LEASED UNIT
Landlord will not reduce the rent if there is a fire or other damage. Landlord will decide whether the Leased Unit
cannot be lived in due to damage. If the Leased Unit becomes uninhabitable for any reason, this Lease will end
when Tenant pays all rent due to the date that the Leased Unit is vacated.
Landlord is not responsible for any loss, damage or inconvenience to Tenant caused by fire or other cause.
11. TENANT'S PERSONAL PROPERTY AND INSURANCE
Landlord is not responsible for any damage to Tenant's personal property. For that reason, Tenant must obtain
insurance to protect his or her personal property. Tenant is in breach of this Lease if Tenant fails to obtain
personal property insurance.
Any personal property left in the Leased Unit after Tenant has vacated or has been evicted is considered
abandoned. Landlord may dispose of this property in any manner without notice to Tenant. Tenant must pay
Landlord's cost of disposal of Tenant's property.
If any insurance coverage maintained by Landlord is found to apply to any loss or damage covered by Tenant's
insurance the following will happen:
(a) Landlord's insurance and any obligation of Landlord to pay is considered excess coverage.
PALEASE-9/1196 --- Page 2 Initials (- r l
(b) Tenant's insurance must be fully used up before any claim can be made against Landlord or against
Landlord's insurance coverage.
Regardless of anything stated in this Lease, Tenant releases Landlord from any injury, loss or damage to personal
property or persons from any cause. This Release is effective even if Landlord or Landlord's employees or agents
cause the injury, loss or damage.
Tenant waives any right of subrogation by Tenant or by any insurance company which covers Tenant.
Subrogation is the right to be repaid for any payments made by Tenant or Tenant's insurance for injury, loss or
damage to personal property or persons.
Landlord may require Tenant to produce proof of insurance that is required in this Lease. It is a violation of the
Lease to fail to have the insurance or fail to produce proof when requested.
12. ACCESS
Landlord and anyone allowed by Landlord may enter the Leased Unit after first notifying Tenant. If there is an
emergency, Landlord may enter the Leased Unit without giving Tenant advance notice. Tenant must obtain
written approval from Landlord to add or change any lock. Tenant must provide to Landlord keys for any additional
or changed locks.
13. END OF LEASE OR RENEWAL
(a) Either party may end this Lease at the end of the original Term by written notice. Landlord or
Tenant must receive this notice at least 60 days before the end of the Term.
(b) This Lease will automatically renew for one (1) year if neither party ends the lease at the end of the
original Term or of any renewal term. Automatic renewal will not change the terms of this Lease except
that the rent for each renewal term may increase.
(c) Landlord may increase the rent or change any other term of the Lease for any renewal period by sending
written notice to Tenant. Landlord must send this notice at least seventy (70) days before the end of the
Term or of any renewal term.
Tenant may reject the renewal terms by giving written notice to Landlord by certified mail at least sixty (60)
days prior to the expiration of the current term. Tenant must then vacate at the end of the current Term.
The Lease will automatically renew on the terms set forth in Landlord's renewal notice if Landlord does not
receive Tenant's written notice by certified mail at least sixty (60)'davs before the expiration of the current
term.
(d) If it is necessary for the Tenant to end this Lease before end of the Term, the Tenant agrees to pay
the Landlord the sum of two (2) months additional rent as Liquidated Damages and not as a
penalty, and at the same time give to the Landlord a two (2) month written notice of termination as
of the first (1 sr) day of any month. If Tenant cannot or does not give a written notice, Tenant will give
the Landlord an additional month's rent for each month's notice not given as required.
(e) If this Lease is ended and Tenant does not vacate on the ending date. Tenant must pay double the last
monthly rental charge. This rental charge is due for each month that Tenant remains in possession of the
Leased Unit.
14. LANDLORD'S REMEDIES
Tenant is in breach of this Lease if Tenant fails to make rental payments when due or fails to comply with any
other provision of this Lease. If Tenant breaches this Lease:
(a) Tenant must immediately pay all rents for the balance of the term of this Lease and Landlord may sue for
this rent.
(b) Landlord may end this Lease.
(c) Landlord may evict Tenant.
(d) Landlord may sue Tenant to collect any monies due including but not limited to legal fees and costs to
enforce lease terms. Tenant agrees to pay all legal fees and costs.
(e) To the extent allowed by law, Landlord may discontinue any utility services to the Leased Unit.
(f) Landlord may exercise any one or more of the other remedies available to it under law or in equity.
(g) Tenant agrees to waive the 15 or 30 day notice period which is contained in Section 501 of the Landlord
and Tenant Act of 1951, as amended, 68 P.S. 250.501. LANDLORD MAY FILE SUIT AGAINST TENANT
TO ENFORCE THE TERMS OF THE LEASE WITHOUT NOTICE TO TENANT.
(h) Tenant must pay Landlord's cost of enforcing this Lease including legal fees, whether or not suit is begun,
as additional rent.
15. VACATING LEASED UNIT
Tenant must notify Landlord and must return all keys to the Rental Office at the time that Tenant vacates the
Leased Unit.
Carpet must be Professionally Cleaned upon move out.
PALEASE-9/1196 --- Page 3 ?,-
Initials
16. NO WAIVER BY LANDLORD
If Landlord does not exercise any of its rights under this Lease, Landlord may still exercise these rights at a later
date. Acceptance of past due rent is not a waiver of Landlord's rights to enforce other terms under this Lease.
17. SUBORDINATION
This Lease and Tenant's rights under this Lease are subordinate (inferior) to all existing and any future financing,
loans or leases on the building or land. Among other things, this means that the new owner or mortgagee may
end this Lease if there is a foreclosure sale of the property. Tenant agrees to waive rights by permitting the buyer
at a foreclosure sale to end this Lease.
Tenant agrees to all financing and to sale of the Leased Unit or property subject to this Lease. Tenant authorizes
Landlord to sign any papers on behalf of Tenant which are necessary to confirm the terms of this Paragraph.
These are additional waivers of Tenant's rights.
18. RELEASE OF LANDLORD
Landlord is not responsible for any injury, property damage or loss sustained by Tenant or Tenant's guests
Tenant agrees to release Landlord from responsibility for any damage, loss or injury caused by any other person
occupying the Property, or by Landlord or Landlord's agents or employees. Tenant agrees that this release
includes losses or damages which result from any of Tenant's acts or failure to act. All claims against Landlord for
any damage, loss or injury area expressly waived by Tenant.
19. NOTICE TO TENANT
THIS LEASE CONTAINS WAIVERS OF CONSUMER RIGHTS. TENANT WAIVES CERTAIN RIGHTS BY
SIGNING THIS LEASE.
20. NO JURY TRIAL
Landlord and Tenant waive and give up any right to any jury trial for any claim or matter concerning this Lease or
the Leased Unit.
21. INCORRECT INFORMATION IN APPLICATION
If Tenant provided incorrect information in the Application, it is a breach of this Lease. Landlord may end this
Lease and/or sue Tenant for possession and/or any losses or money damages if the Application contained
incorrect information.
22. LANDLORD EXPENSES
Tenant agrees that in addition to the annual rental stated herein, it is expressly agreed by and between the Tenanl
and Landlord, that during the term of this Lease, the Tenant will upon thirty (30) days written notice, pay any
increases which occur after the commencement date of this Lease on the cost of gas, electricity and fuel as well
as any increase in real estate taxes and other charges which may be assessed or levied against the Landlord by
any Federal, State or local authority. In no event, however, shall the total of said increases allowable to the above
named premises exceed six (6%) percent of the annual rental stated herein.
23. ADDITIONAL TERMS AND CONDITIONS
The Rules and Regulations which are attached are part of this Lease. Violation of any of the "Rules and
Regulations" is a breach of this Lease.
24. SEPARABILITY
If one or more of the paragraphs of this Lease are determined to be invalid, the remainder of this Lease will remain
in effect.
25. LEASE CHANGES
The terms and conditions of this Lease may only be changed if in writing and signed by both Landlord and Tenant.
No oral changes or agreements are permitted.
TENANT ACKNOWLEDGES HE/SHE HAS READ AND UNDERSTANDS THIS AGREEMENT AND APPROVES OF ITS
CONTENTS BY SIGNING THE FRONT TOP PORTION HEREOF.
PALEASE-911/96 --- Page 4 Initials
RULES AND REGULATIOI
The following Rules and Regulations have been established by the Management of Oxford Manor Apartments and are an addendum to
your lease agreement. Failure to comply with said Rules and Regulations may result in additional fines or legal action, up to and including
termination of your lease agreement.
1. RENTAL. PAYMENTS
Rental payments are to be made by check, money order or credit card only. We currently accept Visa, Mastercard and Discover.
Cash will not be accepted. Rent needs to be paid at the management office during posted office hours by the I" of each month.
There is a rent drop box available in front of the office for after-hours convenience or it can be mailed. If mailed, it must be
received at the management office no later than the 5ih of the month to avoid late fees. Sundays and holidays do count!
2. OCCUPANCY & KEYS TO UNIT: Resident(s) acknowledges that they understand that the apartment which is subject matter
of said lease may be occupied ONLY by the registered individuals on said lease. Keys are to be given to these individuals only.
They must be returned at the time of move-out. (There will be a fee of $75.00 if keys are not returned.)
3. MAINTENANCE REQUESTS
Maintenance requests are to be made directly to the management office during normal posted business hours. Maintenance hours
arc weekdays from 9:30 a.m. to 5:00 p.m. Requests cannot be fulfilled if pets are left unattended. In case of an after-hours
emergency, call the answering service at 1-866-678-7816 and a maintenance technician will be paged immediately. After hour
emergencies include: fire. Flood, electrical shortage, gas smell, sewer backups, no heat, no air conditioning or water leakage.
4. LOCKS AND LOCK OUTS
Resident is prohibited from adding, changing or in any way altering locks on exterior or interior doors. Keys are provided upon
move-in. If you get locked out during regular business hours, please come to the office and management will be happy to let you
into your home. Ifyou get locked out after normal business hours, it will be necessary for you to contact the emergency
answering service (1- 866-678-7816). If will be necessary for you to provide ID to the Maintenance Team to confirm your
residency. The fee for an after hours lock out is $20.00 and will be charged to your rental account.
5. LEAKS AND DRIPS
Leaks and drips need to be called into the office as soon as they are noticed in order to avoid further or continued damage You
will be held responsible for damage caused by water that is not reported.
6. PLUMBING
A charge will be assessed for clogged drains if improper usage has been determined. Do not put anything down the toilet other
than toilet tissue. Drains for sinks, tubs and toilets must be kept free and clear of foreign materials.
7. ALTERATIONS
No apartment alterations are allowed without Management's prior written approval.
8. TEMPERATURE SETTINGS
Proper usage of air conditioners must be maintained at all times to avoid freezing up, breaking the compressor and causing
damaging leakage. Do not set your thermostat below 70 degrees. Do not use the unit if the temperature outside is below 68
degrees. Be sure all windows and doors are closed when the unit is being used. You will be charged for the cost of damages.
including replacement, if misuse is found.
In the colder weather, be sure to leave your heat no lower than 65 degrees. If you are not going to be home for any extended
period of time, set your heat at 65 degrees. This is to prevent any pipes from freezing and bursting.
9. MOVE-IN INSPECTION FORMS
Inspection forms are due back to the management office within 48 hours after move-in. We will not assume any liability for the
condition of the apartment at your move-in after that time.
10. BARBECUE GRILLS
(aill::nc UNI Y P(.RN-111 1) ON HI?S I' I L( )OR AFAR I \11 N, 1' 1'-1I 10s. A4'hile in use. uhc, must he jv%"N fiool the huildin_v
uppro>una1; h III feel for sA1.tN is3ucs. Residens nwNU eager 11161 brills N+kh -ill elves, tarps will not he :u:uLpuable
11. SATELLITE DISHES AND ANTENNAS
NO satellite dishes or antennas are allowed without the written permission of Management and prior to execution of a Satellite
Addendum which is to be accompanied by proof of Renter's Insurance ($300,000.00). Satellite dishes, radios, TV and CB
antennas cannot be placed on or erected on the roof, exterior of the building, railings, balconies or any common area.
12. TELEPHONE, CABLE AND/OR SATELLITE HOOK-UPS
Additional drilling, cutting or boring for wires is not permitted without written permission from Management.
13. WATERBEDS
Waterbeds are prohibited.
14. ENTRANCES, WALKS AND LAWNS
I Ito pIac iIt L, or storage ooh I (K hahy e117ialcs, Nu'ullcr. bilb? hat,. lath Iill It iIt iR:. hfc)cICS and other alti?lcs a1 ?nit anccs;url
upon liont'Nall,, or taut its is prohibuc•d. Common areas shall not be obstructed or used for any purpose other than their intended
purpose. Items blocking such areas will be confiscated without notice and a charge assessed.
Residents are prohibited from hanging clotheslines on the property. Also, residents are not permitted to install lawn ornaments or
plant flowers without the written permission of management.
Residents are not permitted to litter on any grounds of the community (i.e. trash, cigarette butts or pet waste). All residents are
responsible for cleaning up after themselves, guests and/or their pets.
15. BALCONIES OR PATIOS
All balconies or patios must be kept clean, orderly and clear of storage items. Hanging clothes, garments or rags over railing of
balconies or patios will not be permitted. The only items allowed are patio furniture, plants, and flower boxes & bicycles.
Inspections will be at the discretion of the management team.
16. DUMPSTERS
Dumpsters are located conveniently throughout the property. Please be sure that your trash is placed in plastic bags and securely
tied before placing it in the dumpster. DO NOT SET TRASH OUTSIDE OF 771E DUMPSTER. Boxes must be broken down
before putting them in the dumpster. Rccycables must be put in the recycling bins provided, per Borough Ordinances. For larger
items, please call the office and schedule a time to dump it in our designated pen. Illegal dumping will he subject to a line of $50.
17. SIGNS/WINDOWS
No signs, exterior lights or marking on the exterior of a building or windows is allowed. Nothing is to be attached to the exterior
of the building. Window treatments must have neutral backing or a neutral shade. Bed linens, towels, flags, etc. are not
acceptable.
18. PEST CONTROL
Apartment units are sprayed on a regular basis. Ifyou have a problem with pests, notify the office and the exterminator will be
notified to attend to the problem upon his next visit. Residents are asked to assist our pest control by maintaining a high standard
of good housekeeping. If a resident has a pet and it becomes necessary to spray for fleas. resident must pay an additional charge.
19. PETS
NO pets are allowed without the expressed written permission of Management and the execution of a Pet Addendum and abide
by all rules & regulations as outlined in said addendum. A pet fee and a monthly pct charge are required. Residents are
prohibited from collecting pct waste in containers on their common areas. All waste must be disposed of immediately in the
dumpsters. Residents are not permitted to install pet stakes/tie ups on the property.
20. STORAGE
No goods or materials of any kind or description, which are combustible or would increase risk of fire, shall be placed in storage
areas or on balconies. Belongings in storage areas shall be at Resident's risk and Management shall not be responsible for any
loss or damage. Heat/air conditioning closets are not to he used for storage.
2l. POOL
Residents must attain a pool pass from the management office prior to using the pool. Pool rules must be read and signed before
attaining your pass. Guests arc permitted for a $3.00 per visit fee Management reserves the mlhi to revok, ternai p -,l
pa:
altercations at the pool and any issues the lifeguard may have will) lhal lenarel
22. GUESTS
Residents arc responsible and liable for the conduct of their guests. Acts of guests in violation of the Lease Agreement or any
addendum to that agreement may be deemed to be a breach by the Resident. Guests staying more than 7 days need to be
registered with management.
23. DISTURBING NOISES
All occupants and theirs guests are to refrain from interrupting or disturbing the peaceful enjoyment of other residents in The
community. Any electronic devises such as televisions, stereos, radios, musical instruments, etc. need to be kept al an acceptable
level. Good judgment and respect is expected at all times. Resident, hould r6 mil Rohl noi,e do, inft the 11"w, of 10 0olrni untie
7 utlum
24. DELIVERIES
Management will accept reasonably sized packages in the office for residents, but will not sign for the condition of the package
or it's contents. Management will not accompany delivery people to your apartment for furniture or other deliveries. You may
leave a key, signed permission and a release of responsibility for theft or damage if a delivery person needs to enter your
apartment. Management needs to be notified prior to delivery.
25. PARKING/MOTORCYCLES
Any vehicles and trucks without a valid license plate, registration, inspection sticker or flat lire are considered abandoned and
inoperable and will be towed from the property. Recreational vehicles and moving trucks must have management approval.
26. SPEED LIMIT
Maximum speed limit throughout the community is 15 MPI1. All State driving rules must be followed. Management can and
will notify Lower Allen Township police if reckless driving is witnessed
26. SNOW CONDITIONS
You need to move your car when plows are clearing snow from your parking lot. If they are not moved, you are at risk of getting
plowed in. Management assumes no responsibility for any such inconvenience or damage to vehicle.
27. CARPETS
fampei olam he prolilillrulh cleaned. rrili I'mofnf receipt. molt r.reaUm_. Itsntul nrachincv do not colon.
3H. RR('RICrl110Naf.:4C"ff?'i'f[t:S
t iatim, ports, ekalebnarding And recrcalionnl a0ivl1i0s otall Linils are pCrmin<:d Dole in dcaipnuk l play
proposes .rod arc NOT Pet'mitted on the streets or parking lot:. S,uid hn?es. s .n ,,, slides etc. lire nnl to he iiut,111" f onr,dr of
)our npw'tmcal hourc.
29. PLAYGROUND
Children under the age of 12 must be supervised at the playground at all times, All bicycles must be in the designated bike rack
at the playground and not left on the driveway or on the lawn. Children arc prohibited from playing in the driveway at the
leasing office.
30. MOVING
Moving or del ivcry trucks and vans are not permitted to cross The curb or lawns and must load and unload fiom fhc
street, cats ways or parking areas. All paekin- cases, barrels. boxes mid other containers used in 1110% ing must he
removed by the lessee and placed in file appropriate receptacles.
I/we acknowledge that Uwe have re,4d and understand the Rules and Regulations, which are an addendum to the lease
agreement with Oxfo"anor Apartments and hereby agree to abide by the terns set forth.
Resident Date ?0 f
Resident- Date
Resident- Datc
Resident-- Date
Resident Date
Date
alMORGAN
PROPERTIES
LEASE ADDENDUM ON MOL
To minimize the occurrence and growth of mold in the Leased Premises, Resident hereby agrees to the
following
1. MOISTURE ACCUMULATION. Resident shall remove any visible moisture accumulation in or on
the Leased Premises, including on walls, windows, floors, ceilings, and bathroom fixtures; mop up
spills and thoroughly dry affected areas as soon as possible after occurrence; use exhaust fans in
kitchen and bathroom when necessary; and keep climate and moisture in the Leased Premises at
reasonable levels.
2. APARTMENT CLEANLINESS. Resident shall clean and dust the Lease Premises regularly, and
shall keep the Leased Premises, particularly kitchen and bath, clean.
3. NOTIFICATION OF MANAGEMENT. Resident shall promptly notify management in writing of the
presence of the following conditions:
0.) A water leak, excessive moisture, or standing water inside the Leased Premises.
(ii.) A water leak, excessive moisture, or standing water in any community common
area;
(iii ! Mold growth in or on the Leased Premises that persists after resident has tried
several times to remove it with household cleaning solution, such as Lysol or
Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of
water and bleach;
(iv.) A malfunction in any part of the heating, air-conditioning, or ventilation system in
the Leased Premises.
4. LIABILITY. Resident shall be liable to Owner for damages sustained to the Leased Premises or
to Resident's person or property as a result of Resident's failure to comply with the terms of this
Addendum.
5. VIOLATION OF ADDENDUM. Violation of this Addendum shall be deemed a material violation
under the terms of the Lease, and Owner shall be entitled to exercise all rights and remedies it
possesses against Resident at law or in equity. Owner also has all other rights and remedies set
forth in the Lease Contract including damages, eviction, and attorney fees to the extent allowed by
law
6. ADDENDUM SUPERSEDES LEASE. In case of a conflict between the provisions of this
Addendum and any other provisions of the Lease, the provisions of the Addendum shall govern
This LEASE ADDENDUM ON MOLD is incorpo? ted into the lease executed or renewed on
,between er and Pesident.
RESIDENT SIGNATURE- DATE
RESIDENT SIGNATURE -DATE
PROPERTY MANAGE 'S SIGNATURE
DATE Ili `7?'O
October 30th, 2008
5328 Oxford Circle Apt.31
Mechanicsburg, PA 17055
LEASE AGREEMENT DATE: 10/30/2008
LEASE EXPIRATION DATE: 10/31/2009
DISCOUNT ADDENDUM
It is agreed and understood that as an inducement by Carla Calabria to execute a lease
for the above term, the rent will be reduced by:
Amount Transaction Description
$300.00 Move-in Special
It is also understood that if for any reason Carla Calabria fails to fulfill his obligations
for the full term specified, rent due and to become due shall be at the original rate as
stated on the lease under "monthly rent" without regard to reduction set forth in this
addendum and-fa ad4on to any other obligation due to the landlord.
i`
(/ r
nt) -- Date)
(Resident) (Date)
(. Eger) (Date)
MORGAN
hirr-mram
OXFORD MANOR APARTMENTS PET POLICY AND REGISTRATION ADDENDUM
THIS Addendum amends the lease entered into between Oxford Manor Apartments and Carla
Calabria by providing for the resident to have a pet(sl This addendum amends the community rules
and regulations by adding the following:
A. Screening and Registration
All pet owners must complete a Pet Registration Addendum before said pet(s) can occupy the
rental unit. A current photograph of the pet should be attached. All pet owners will receive an ID
tag for their pet. In addition, your pet should be properly registered with the Lower Allen
Township Failure to do so may result in fines from the Lower Allen Township. Residents must
provide proof of registration for their pets with Lower Allen Township to the Management Office at
Oxford Manor Apartments. Resident agrees that the pet(s) is/are current in all vaccinations,
including rabies and distemper.
B. Permissible Pets
Each resident is permitted a maximum of two pets per unit. Resident agrees that only the pet(s)
described and named below will occupy the premises.
The following species are permissible pets:
Dogs, Domestic Cats, Rabbits, Ferrets, Small Domestic Birds, Small Caged Animals
C. Restrictions
1 The following breeds of dogs will be restricted: Rottweiler, Dobermans, Chows, Pit Bulls
and German Shepherds. This Rental Community Reserves the right to restrict certain animals
and breeds.
2 Pets shall not be kept, bred, or used for any commercial purpose
3. Pets must be confined to the pet owner's unit and must not be allowed to roam free or be
tethered. Pets must not be left unattended on patios or balconies. Pets will be kept away from all
shrubbery. Pets are not to be chained or roped and left outside of the rental unit.
4 Pets in transit are to be carried, restrained by a leash, or placed in an animal carrier. Pets shall
be exercised only in pet walk areas specifically designated for their use, etc.
5 People who walk pets are responsible for immediately cleaning up after their animals and
discarding securely bagged pet droppings in the following designated areas only: pet waste
stations and inside trash totes at dumpster enclosures. Cat litter may not be disposed of in toilets.
Please dispose of cat litter as listed above for pet waste.
6 Pet owners are solely responsible for any damage caused by their pets. Any damage caused by
cleaning chemicals or other such materials used in an attempt to remedy said damage is also the full
responsibility of the pet owner.
I
MORGAN
7 No pet shall be allowed to become a nuisance or create any unreasonable disturbance. Examples of
nuisance behaviors for the purposes of this paragraph are.
Pets whose unruly behavior causes personal injury or significant property damage.
Pets who make noise continuously and/or incessantly for a period of over fifteen minutes
or intermittently for 1-2 hour(s) or more to the disturbance of any other building resident
at any time of the day or night.
Pets in common areas that are not under the complete physical control of a responsible
companion and on a hand-held leash of no more than six feet in length or in a pet carrier.
Pets that relieve themselves more than once on walls or floors of common areas.
: Pets who exhibit aggressive or other dangerous or potentially dangerous behavior.
Pets that are conspicuously unclean or parasite infested.
8 Notwithstanding any other provision herein, disabled individuals may keep assistance animals
in their units. Furthermore, nothing herein shall hinder full access to the apartments and the
common areas by individuals with disabilities.
9 Feeding or otherwise caring for stray animals is prohibited. Stray or injured animals shall be
reported to the local animal control authority to be picked up or delivered by a member of the
maintenance staff. Repeat offenders shall be subject to fines and will be reported to Lower Allen
Police Department
10 Residents are responsible for the pets of guests who visit their unit. Such pets are subject to
the same restrictions including breed and weight as resident pets. Management must be notified
in writing prior to any pet visiting a resident's unit. No pet(s) of guests can stay in the unit for more
than 7 days (consecutive or staggered) in any one-year period without prior written permission of
the landlord.
D. Enforcement
Any resident or representative of Oxford Manor Apartments observing an infraction of any of
these policies shall discuss the infraction in a neighborly fashion with the pet owner in an effort to
secure voluntary compliance. If the complaint is not resolved, it must be put in writing, signed,
and presented to the management office. If the management is in agreement with such
complaint. the pet owner will receive written notice of the violation. If upon the second violation(s)
the problem is still unresolved, fines will be assessed to the pet owner in violation. Upon the third
violation, the pet owner will be reported to Lower Allen Township and subject to fines/sanctions
imposed by Lower Allen Township. At management's discretion, continued disregard for pet
oolicies will result in the loss of pet privileges at Oxford Manor Apartments indefinitely
Management reserves the right to require the permanent removal of any pet, if such pet is
determined by the management to be a nuisance or a danger to the community and its residents.
If so determined, the pet owner will have 15 days to remove the pet from the premises.
Management also has the authority to assess and collect fines for violations of policies pertaining
to pets and to assess and collect amounts necessary to repair or replace damaged areas or
objects
PROPERTIES
PET1
Type of Pet: Off'
Age: Name: I
Color. .,
s.
Breed:
Tag ID:
PET 2
Type of Pet: I-
Age: ?Name• ti ;
Breed:
Color:
Tag ID:
$350 Non-Refundable Pet Fee
$35 Per month, non-refundable pet rent
r-
RESIDENT DATE
RESIDENT
DATE
c
PROPERTY MANAGER DATE
rT? ru1T B
Eerily 1 s
Oxford Manor Apartments
5349 Oxford Drive
Mechanicsburg, PA 17055
717-697-8539
June 1, 2011
Carla Calabria
5328 Oxford Drive #031
Mechanicsburg, PA 17055
Re Termination of Lease
Dear Carla,
Please be advised that this letter is a follow-up to our conversation held on Friday, May 27, 2011. This
letter will serve as documentation that we mutually agree to terminate your lease effective June 27,
2011 under Section 14 of your Lease Agreement: Landlord Remedies. Rent will be due up until the day
you vacate the premises.
Additionally per our conversation, you recognized the extent of damage in your apartment and
communication we've had pertaining to our concerns. I have attached an itemized sheet listing out all
damages that you will be responsible for. The total is $3,358.76. 1 will be filing in District Court for the
attached charges seeking judgment on the monies owed since you are unable to pay up font. As
discussed, you will be able to make payment arrangements through Morgan Properties Collections
Department before being turned over to an outside collection agency if you so desire.
Lastly, please understand that if you are out of the apartment sooner than June 27, 2011 we will accept
your keys. Be sure to provide our office with your new forwarding address when turning in your keys so
we are able to update our records accordingly.
If you should have any additional questions, please don't hesitate to contact me.
Respectfully,
_i
Jacka(yn Rapp, CAM
Property Manager
Oxford Manor Apartments
Cc. Enclosure
EXHIBIT C
COMMONWEALTH OF PENNSYLVANI/
COUNTY OF: C IMRFRI AND
Magisterial District Number:
09-1-01
District Justice Name: on.
Charles A Clement, Jr.
Address Olde Town Center
400 Bridge Street, Suite 3
New Cumberland, PA 17070
Telephone: (717)774-5989
L LORD AND
TENANT COMPLAINT
PLAINTIFF: NAME and ADDRESS
F- Oxford Manor Apartments
5349 Oxford Drive
Mechanicsburg, PA 1705:3
(717) 697-8539
L_ VS -?
DEfENDANT: NAME and ADCRESS
Carla Calabria
5328 Oxford Circle #031
Mechanicsburg, PA 17055
DocketNo.: LT-0000064-11
Date Filed: 6/2/11
TO THE DEFENDANT: The above named plaintiff(s) asks AMOUNT DATE PAID
judgment together with costs against you for the
possession of real property for: Filing costs a 141.00 6 // 3 /11
Service Costs $ 25.00 _6 _/_3 /_11 _
Lease is ®Residential E] Nonresidential. Total s 166.00 6 /3 111
Damages for injury to the real property, to wit'
in the amount of:
Damages for the unjust detention of the real property in the amount of
Rent remaining due and unpaid on filing date in the amount of
And additional rent remaining due and unpaid on hearing date
$
$
Total: $
THE PLAINTIFF FURTHER ALLEGES THAT:
1 The location and address, if any, of the real property is 5328 Oxford Circle #031
2 The plaintiff is the landlord of that property.
3 He leased or rented the property to you or to under whom you claim
4 ? Notice to quit was given in accordance with law, or
® No notice is required under the terms of the lease.
5 ? The term for which the property was leased or rented is fully ended, or
® A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: ondition of__ _
Leased Unit, Use and Occupancy, Pet Violations Or.
® Rent reserved and due has, upon demand, remained unsatisfied.
6 You retain the real property and refuse to give up its possession.
I,Jackalyn Rapp verify that the facts s in this complaint are true and
correct to the best of my knowledge, information and belief. This statement t to the n 4904
of the Crimes Code (18 PA. C S. 3 4904) relating to unsworn falsifica to author' iM
( ure cf i-9
(717) (Plaintiffs Attorney) (Address) (Phone)
IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of
the premises, which is in the district justice jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office
BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if
claimed may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises If you are
disabled and reduire assistance, please contact the Magisterial District office at the address above.
AOPC 31 0A (12-1-98)
COHEN & WILLWERTH, P.C.
ROBERT J. WILLWERTH, ESQUIRE
Identification No. 72734
JENEL R. MARRACC NI, ESQUIRE
Identification No. 93457
660 Second Street Pike
Southampton, PA 18966
Telephone No. (215) 887-8100
x011 AUfv 49 AN 11: 14
CUMBERLAND COUNTY
PENNSYLVANIA
OXFORD MANOR APARTMENTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
No. 11-5213
CARLA CALABRIA
and all other occupants
CERTIFICATE OF SERVICE
JENEL R MARRACCINI, ESQUIRE, being duly sworn according to law, deposes and says
that she served a copy of the Civil Action Appeal Complaint in the above-captioned matter, by regular
First Class Mail, addressed to the Defendant, and mailed on as follows:
CARLA CALABRIA
and all other occupants
5328 Oxford Circle, #031
Mechanicsburg, PA 17055
COHEN &
Attorney for Plainfi# s ii.. o' <C ifs' NO TAR `1
R. MARRACCINI,
v for Plaintiff
?D -0
COHEN & WILLWERTH, P.C. Attorney fob Pla?c o ' ' 10 "''
JENEL R. MARRACCINI, ESQUIRE = 2011 OCT 13 PM 3: 13
Identification No. 93457
660 Second Street Pike CUMBERLAND COUNTY
Southampton, PA 18966 PENNSYLVANIA
Telephone No. (215) 887-8100
OXFORD MANOR APARTMENTS COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V
CARLA CALABRIA and all other occupants : No. 11-5213
STIPULATION
Intending to be legally bound, the parties to this action agree to the following in full
settlement of this matter:
1. On or about June 16, 2011, Plaintiff obtained a judgment against Defendant in
District Court 09-1-01 in the amount of $2,687.00 plus court costs for a total of $2,583.00 and
possession on the basis of Nonpayment of Rent.
20112. Defendant owes a total of $2,415.00 for rent due and owing through September
.
3. Defendant also owes a total of $3,358.76 toward damages in the premises.
4. Defendant agrees to withdraw her Appeal pending in the Cumberland County
Court of Common Pleas and have the matter remanded back to District Court 09-1-01.
5. Defendant agrees to pay $2,000.00 for the damages on or before October 1, 2011,
Plaintiff agrees to waive the remaining $1,358.76 in damages.
6. Defendant agrees to release all escrow monies currently being held by the
Cumberland County Prothonotary in the amount of $2,415.00, plus any additional monies that
may be deposited with this court during the duration of this action, to Plaintiff for rent due and
owing through September 2011.
7.
Defendant fail
Possession
Defendant agrees to vacate the premises on or before October 1,
to vacate on or before October 1, 2011, Plaintiff may file
and proceed with a kout through District Court 09-1-01.
R. MARRACINI, ESQ. C A LABRIA
y for Plaintiff Defendant
2011. Should
and Order for