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Home My WebLink About11-5777JUL/07/2011/THU 03:21 PM Cumb Co Prothonotary FAX No.7172406573 R LE,5 )q g>- I1 ' COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of 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. inc. DIST. NO. L:qk V 5 yi?R D!T,O F APPELLANT r u.,r. L C K / 3 I'1'JG c l_ 0 rvtJ ,1/, C 141A )v 0 R P1 PA'S M J 161 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1lMBB. This Notice of Appeal, whsns received by the District Justice, will operate.as a SUPERSEDEAS to the judgment for possession in this case. F'. 002 L r VWC A?, p "e If a l was Claimant (see Pa. R.C.P.D.J. No- 1001(6) in action fore a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after Bing the NOTICE of APPEAL st?n.aradPrau?onoiryora?,iy - - PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fors 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 ?n Enter rule upon appeilee(s), to file a complaint_in this appeal 1 y /? f IYa n. of ®q,.ra?(:) (Common Pleas No. U hin twenty (20) days after service rule r suffer entry of judo , of non pros. J S ure of apperent or attorney or agent 11hJ. , RULE; 70 apoiillee(s)' Jr, NO" ofapperee(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 dat I service of this rule if service was by mail is the date of the maili Dale: , 20 1 . ea W_?QA Signature of ft0onorary or Dep* _ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APP,E Csit, 1 by in T ; --7--???? ?° v (` o? i N? ?-?J Il S i o ?/lc, T 1 "?'1 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 i 2-L At '?aA-wxy 491,16 U4 PY9 ? COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: 717-774-5989 Stephen W. Shriver 1425 Apple Drive Apt #135 Mechanicsburg, PA 17055 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Oxford Manor Apartments Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Stephen W. Shriver Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Disposition Summary Docket No Plaintiff Defendant MJ-091 01 -LT-0000079-201 1 Oxford Manor Apartments Stephen W. Shriver Judgment Summary Joint/Several Liability Individual Liability Participant Stephen W. Shriver $0.00 $419.00 Oxford Manor Apartments V. Stephen W. Shriver Docket No: MJ-091 01 -LT-0000079-2011 Case Filed: 6/13/2011 Yes No No No No No Disposition Disposition Date Judgment for Plaintiff 07/07/2011 Amount $419.00 Judgment Detail (*Post Judgment) In the matter of Oxford Manor Apartments vs. Stephen W. Shriver on 7/07/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $765.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Costs $0.00 $119.00 $119.00 Attorney Fees $0.00 $300.00 $300.00 Grand Total: $419.00 Portion of judment for physical damages arising out of residential lease: $0.00 Amount of judgment subject to attachment 42 PA C.S. 8127: $419.00 MDJS 315A Page 1 of 3 Printed: 07/07/2011 2:58:37PM Oxford Manor Apartments v. Stephen W. Shriver I Docket No.: MJ-091 01 -LT-0000079-201 1 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE,AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDERS; THE APPELLANT MUST DEPOSIT WITH,THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER', L"bW-INCOME AND/OR' SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPL". WITH THE JUDGMENT. Date Magisterial District Judge Charles A. Clement Jr. certify that is is a true an correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Charles A. Clement Jr. MDJS 315A Page 2 of 3 Printed: 07/07/2011 2:58:37PM Oxford Manor Apartments Docket No.: MJ-091 01 -LT-0000079-201 1 v. Stephen W. Shriver Participant List Private(s) Robin David Bleecher, Esq. Pecht & Associates PC' fP ?? 1205 Manor Dr Ste 200 Mechanicsburg; PA 17055b Jenel Rose Marraccini, Esq. Cohen & Willwerth PC _..-.66 2nl_StrgQt P!k_e. ..._ _ __ , _... _:_...... _ Southampton, PA 18966-3995 Plaintiff(s) Oxford Manor Apartments 5349 Oxford Drive Mechanicsburg, PA 17055 Defendant(s) Stephen W. Shriver 1425 Apple Drive Apt #135 Mechanicsburg, PA 17055 MDJS 315A Page 3 of 3 Printed: 07/07/2011 2:58:37PM 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 Plaintiff =o , L ''' "C THONO TA R'I 7011 ?UG 29 AM II: 14 "'IJMBERLAND COUNTY PENNSYLVANIA OXFORD MANOR APARTMENTS COURT OF COMMON PLEAS CUMBERLAND COUNTY V. No. 11-5777 STEPHEN SHRIVER 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 Ot ?1 ? ?follows: STEPHEN SHRIVER and all other occupants 1425 APPLE DRIVE, #135 Mechanicsburg, PA 17055 COHEN & WILLWERTH, P.C. R MARRACCINI, ESQUIRE v for Plaintiff 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 Plaui'Iiff f'' ° -DERLAND COUNTY IPEW SYLVANiA OXFORD MANOR APARTMENTS COURT OF COMMON PLEAS CUMBERLAND COUNTY V. No. 11-5777 STEPHEN SHRIVER and all other occupants 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 carte 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 SF. PUEDE C014SEGUIR 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 & WIL LWERTH, 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. 11-5777 STEPHEN SHRIVER and all other occupants CIVII. 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. 2. Defendant, STEPHEN SHRIVER (hereinafter referred to as "Tenant") is an adult individual and resident of the Commonwealth of Pennsylvania with a residence address of 1425 Apple Drive #135, Mechanicsburg, PA 17055. 3. Landlord, during all relevant times hereto, is and has been the record owner of the property known as 1425 Apple Drive #135, Mechanicsburg, PA 17055 (hereinafter referred to as "Unit" 4. On or about October 31, 2000, Landlord and Tenants entered into a written lease agreement for an initial term of one year commencing on December 1, 2000. 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 March 9, 2011, Landlord served Tenant with a notice to vacate the property as of May 31, 2011 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 13, 2011, as a direct result of Tenant's failure to vacate the property, Landlord filed a Landlord and Tenant Complaint with the Cumberland County Magisterial District Court 09-1-01. 8. 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: August 2011 Rent 765.00 August 2011 Late fee 76.50 Unpaid prior legal fees 300.00 Unpaid prior court cost 119.00 TOTAL DUE PLAINTIFF: $1,260.50 9. In accordance with the parties lease agreement Tenant is responsible for ongoing rent in the amount of $765.00 per month beginning on September 1, 2011 and continuing through the pendancy of this action. 10. In accordance with the parties lease agreement Landlord is responsible for all ongoing late fees not to exceed $76.50 per month beginning on September 5, 2011 and continuing through the pendancy of this action. 11. 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). 12. 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. 13. 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 $1,260.50; and (b) For ongoing rent in the amount of $765.00 per month beginning on September 1, 2011; (c) For ongoing late fees in the amount of $76.50 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; (fl 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 14. Landlord incorporates by reference the allegations contained in the above paragraphs as though the same were fully set forth herein at length. 15. Tenant has repeatedly failed to remit rent payments to Landlord, when and as due. 16. 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 1425 Apple Drive, #135, 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 17. Plaintiff incorporates by reference the allegations contained in the above paragraphs, as though the same were fully set forth herein at length. 18. On or about March 9, 2011, Landlord forwarded to Tenant a notice of its intention to terminate the lease as of May 31, 2011 based on agreement between Landlord and Tenant 19. 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 1425 Apple Drive, #135, 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 20. Plaintiff incorporates by reference the allegations contained in the above paragraphs, as though the same were fully set forth herein at length. 21. On or about March 9, 2011, Landlord forwarded to Tenant a notice of its intention to terminate the lease as of May 31, 2011 based on Tenants breach of lease for damaging property; 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 failing to maintain the property in a clean and sanitary manner; 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 maintain the exterior of the property in a clean and sanitary manner, 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 maintaining the interior and exterior of the property in a deplorable manner, hoarding, 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 causing serious health and safety issues in or around the property, WHEREFORE, Plaintiff/Landlord respectfully requests judgment for possession of the premises 1425 Apple Drive, #135, 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.C. BY: - c R MARRACCINI, v for Plaintiff Vt' RI ICATtON PURSUANT TO PA K.C.P. 1024 (c) being dulN affirmed accordin-a to law, deposes and sad ?-\acuw abAp that she is the agent of Chford Manor Apartments, Plaintiff named herein. that as such. I le/She is authorized to make this Verification. and that the fitcts set forth in the loregoing Complaint arc true and correct- based upon his?'her personal knowled?oe. inlitrwaui and heIie1'. This Verification is given pursuant to 18 f'a. C.S.A., Section 4904 relating to unsworn falsification to authorities and the penalties therefore. U?furd ?lanor :\parunents BY: ?Mka'?f- y -?Aw (Print Name) (Agent) EXHIBIT A Apartment Lease For 1425 Apr.e Drive #135 Mechanicsburg, Pa 170;,j Date of Term of Lease Security Unit Lease Beginning Ending Monthly Rent Deposit Address Type 10/31100 12101100 11130101 $645.00 $200.00 135D 2BR Tenant(s) Addenda: Stephen Shriver Signatures THE MORGAN PROPERTIES TENANTS_T06ETRER AND INDIVIDU/U.q Agents for Oxford Manor Apartments Tenant uate Tenant Date By: C lik4 3al f _ V Agent Re n tive Cathy L. Minnich Property Manager Landlord agrees to rent to Tenant the "Leased Unir on the following terms as described above. 1. RENT Total Rent for Lease Term: $ 7,740.00 Rent for Each Month: $ 645.00 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 $20.00 as additional rent. If any of the rent is not paid by the fifth (51') day of the month, Tenant must pay a late fee of $45.00. 2. SECURITY DEPOSIT Tenant has paid to Landlord a security deposit of $200.00, as security that Tenant 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 PNC 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: Water, sewer and trash. Tenant will pay for all other utilities. Tenant agrees to place all other utilities in the name of the Tenant and agrees to pay all bills when due. 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: Stephen Shriver. 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. (b) Tenant will not remove or attempt to remove tenant's personal property without first paying to Landlord all rent due for the balance of this Lease. (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 any way which unreasonably disturbs the peace and quiet of other residents or of Landlord or Agent. PALEASE-911196 - Page { PAGE) ?n 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 6(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. TENANTS PERSONAL PROPERTY AND INSURANCE Landlord is not responsible for any damage to Tenant's personal pWpady. For that reason. Tenant must obtain insurance to protect his or her personal =potty. Tenant is in breach of this Lease K Tenant fails to obtain personal pmpody 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. (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. PALEASE-9/1/96 - Page ( PAGE) In' 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 Tenn 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 and 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 (601 days 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 (16) 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 tern 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. 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 PALEASE-911196 - Page (PAGE) I sls end this Lease if there is a . --closure sale of the property. Tenant agrE_ _ 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 ads 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. 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. 23. 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. 24. 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 (PAGE ) Ini als RESIDENTS ACKNOWLEDGEMENTS AND ADDENDUM TO LEASE Resident(s) acknowledges that they understand that the apartment which is subject matter of said lease may be occupied ONLY be the following registered individuals. 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.) 1. Stephen Shriver 2. 3. 4. Legal Fees: 1. LANDLORD reserves the right, in the event the rental payment is not made prior to the 51" day of the month, or RESIDENT is otherwise in breach of the lease, to commence a Landlord-Tenant Action (for possession and / or money judgment) before appropriate District Justice having jurisdiction of the subject matter without providing prior notice to the TENANT. 2. In the event such proceeding is started, RESIDNET agrees to pay all legal fees and court costs to LANDLORD or the LANDLORD'S attorney for the filing and preparation of papers incident to this proceeding, said charges to be part of any rent due and owing. OTHER SPECIAL CLAUSES: 1. RESIDENT agrees to allow no pets on premises without written permission from the Management. 2. No motor bikes, mini bikes, etc. may be stored on patios or decks. 3. No blankets, towels, clothing may be hung or draped on patios or decks. 4. No ABANDONED cars, trailers, etc. are permitted. 5. No Barbecuing permitted on, or near wooden decks. 6. Waterbeds permitted only on the first floor apartments, and with proof of INSURANCE. 7. Under NO circumstances may any AM, PM, TV or CB antenna be attached to the building in any way. 8. No gasoline or kerosene heaters of any kind may be stored in or about the premises. 9. A $20.00 NSF fee plus regular late fees ($45.00) will be charged for any check returned to us. 10. Where applicable, RESIDENT acknowledges that an outside foyer light is metered to this apartment, and consequently, RESIDENTS electric bill will reflect a charge for electric current for this light. DATE: I l ??,r?tiv TENANT: DATE: TENANT: DATE: TENANT: PALEASE-8f1198 -Page (PAGE 1 '7Is EXKIBIT B Oxford Manor Apartments 5349 Oxford Dr Mechanicsburg, PA 17055 717-697-8539 March 9, 2011 Steve Shriver 1425 Apple Drive # 135 Mechanicsburg, PA 17055 DEAR RESIDENT(S): Please keep the following in mind in order to facilitate an easy move and to help insure the full return of your security deposit. I . This is to confirm your notice to vacate date of May 31, 2011. Apartment premises will be vacated on or before May 31, 2011. Your security deposit may not be used as your last months rent. 2. Final months rent is due in full. Pro-rate of rent is not permitted if you move out before the last day of the lease. _Reminder, if You are set up throueh PSN to have your rent automatically withdrawn, you'll need to deactivate your account prior to your move-out. 3. An inspection of your apartment will take place after move-out. 4. ALL Keys must be returned to the rental office the day you vacate the premises. Failure to return keys, the day you vacate, will result in an additional charge of $75.00. A "move out receipt" must be completed when you turn in your keys. 5. The following is a list of items that could affect the disposition of your security deposit: a. Failure to return door and/or mailbox keys b. If you have painted or wallpapered any walls, please return them to their original condition. Charges will vary depending on the extent of the work. C. Remove all of your belongings from the apartment. You will be charged for the time it takes us to clean out the unit d. Removal ofany apartment fixtures, such as mini-blinds or dining room light fixtures or any part of the apartment will be charged according to current replacement costs plus labor for the installation C. Kitchen: Remove contact paper from cabinets, clean all appliances thoroughly (ie refrigerator, freezer, range, etc.), mop kitchen floor, wipe down cabinets and counter tops, be sure to leave two (2) ice cube trays and a broiler pan. f. Bathroom(s): Clean tub and tile, check medicine cabinet for belongings and wipe shelves, scrub toilet and vanity, mop floor. g. General: Make sure screens are in all windows and in good condition, wipe down all windowsills, replace burnt out light bulbs. h. Fitness center key must be returned (if you were issued one); if we do not receive the key card there is a $50.00 charge. Carpets: Please vacuum. Carpets are to be professionally cleaned and receipt must be provided from the cleaner at move-out. If receipt is not provided, resident will be charged to have them cleaned. Cleaning charges start at S 110.00 and would increase from there depending on the condition of the carpets. Please remember to remove all items from your storage bin on the lower level. Any items left in your bin will be considered abandoned property and disposed of and you will be charged accordingly. All prices are subject to change and may vary depending on the degree of the damage. Other charges may be applicable depending on conditions. Advise all applicable utility companies, post office and our office of your forwarding address. If all obJl'pations under the lease are met, your security deposit may be refunded within 30 days of the receipt of all keys and said premises and any other oblieations. Please keep in mind that YOU are responsible to disconnect your phone, cable, gas, water and electric service. We hope your stay with Morgan properties has been a pleasant one and we wish you the best of luck in your new home. Ifyou have any questions concerning your moving responsibilities, please do not hesitate to call the office. Sincerely, Jackalyn Rapp Property Manager JPR CC: File 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 2011 AUG 29 AM 11: 14 `'UMBLRLAND COUNTY PENNSYLVANIA OXFORD MANOR APARTMENTS COURT OF COMMON PLEAS CUMBERLAND COUNTY V. STEPHEN SHRIVER and all other occupants Attorney for PlaintiffF E 1 L ? f; O THONG TA R "' No. 11-5777 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 (x N ?as fb ows: STEPHEN SHRIVER and all other occupants 1425 APPLE DRIVE, #135 Mechanicsburg, PA 17055 COHEN & WILLWERTH, P.C. Z L R. =MARRA( ev fff ESQUIRE 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 5 -' lq._. ! ? JCS F "'t Attorney for Plaintiff, i 3 ?y; 2 17,;ERL)" ,;D C0Uri i s= E`e N `S Y L` t` F41 A OXFORD MANOR APARTMENTS V. STEPHEN SEMVER and all other occupants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 1.1-5777 PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Kindly enter judgment by Default in favor of the Plaintiff, OXFORD MANOR APARTMENTS and against the Defendant, STEPHEN SHRIVER, for failure to file an answer to Plaintiff's Civil Action Complaint in the above-captioned matter. Judgment in favor of Plaintiff as follows: (1) For immediate possession of the premises located at 1425 Apple Drove, Unit #135, Mechanicsburg, PA 17055; (2) For money damages in the amount of $1,260.50; (3) For ongoing rent in the amount of $1,530.00, for the months of September and October, 2011 @ $765.00/month; f p 6o tribi a_? C?.? X351 129 ;6wg9 K w,11 N& W (4 ) For ongoing late fees in the amount of $153.00, for the months of September and October @ $76.50/month; (5) For legal fees in the amount of $1,500.00; (6) For a total money judgment of FOUR THOUSAND FOUR HUNDRED FORTY THREE DOLLARS AND FIFTY CENTS, ($4,443.50), being the sum total of the above amounts; Defendant, STEPHEN SHRIVER, was served with the Plaintiff's Appeal Complaint on August 26, 2011. A true and correct copy of the Certificate of Service is attached hereto as Exhibit "A". Defendant, STEPHEN SHRIVER, was served with the ten (10) Day Notice of Intent to Enter Default Judgment via First Class Mail Certificate of Mailing September 21, 2011. A true and correct copy of said Notice and Certificate are attached hereto as Exhibit "B". I hereby certify that the present addresses of the Defendant is 1425 Apple Drove, Unit *135, Mechanicsburg, PA 17055. Respectfully submitted, COHEN & WILLWERTH, P.C. BY: J. WILLWERTH, ESQUIRE DAMAGES ASSESSED AS ABOVE. PROTHONOTARY EXHIBIT A COHEN & WILLWERTH, P.C. : Attorney for Plaintiff ROBERT J. WILLLWERTK 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 V. STEPHEN SHRIVER and all other occupants COURT OF COMMON PLEAS CUMBERLAND COUNTY : No. 11-5777 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 4-1*,?N First Class Mail, addressed to the Defendant, and mailed on ?u ? follows: STEPHEN SHRIVER and all other occupants 1425 APPLE DRIVE, #135 Mechanicsburg, PA 17055 COHEN & WILLWERTH, P.C. Y: ,v R MARRACCINI, ESQUIRE v for Plaintiff EXHIBIT B 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 Plaintiff OXFORD MANOR APARTMENTS COURT OF COMMON PLEAS CUMBERLAND COUNTY V. No. 11-5777 STEPHEN SHRIVER and all other occupants CERTIFICATE OF SERVICE OF NOTICE OF DEFAULT On ?JtYI 2011, the undersigned caused a copy of the Notice of Default to be served by first-class mail Certificate of Mailing upon the Defendant, STEPHEN SHRIVER at the following address: Stephen Shriver 1425 Apple Drive, Unit #135 Mechanicsburg, PA 17055 I verify that the facts are true and correct and understand that the statements made in this Certification have been made subject to the penalties of 18 Pa. C.S § 4904 relating to unsworn falsification to authorities. Respectfully submitted, COHEN & WIL TH, P.C. BY: ROBE T J. WILLWERTH, ESQ. Date: 10////11 At=torney for Plaintiff NSlnLS -MM- 4 Certificate Of This Certier9e of Meiinp ? Nlai?m This form m be used forps ev dance that ma i hl, presentetl to USPS®formedir o ?!/YI_rJ'tli,.ome?stic/e/M it/d/ern/a1tigr?alail From: o I w ICJl//l6rjl Y,W ?4 C t r ? N? et N To: CD Un MR or /i7 G ?l?l?L L W~+ 3 pppp370• 00O''1?l- V) /? ??- `170 " A/ n -te z a N V a T T m PS Form 3817, April 2007 PSN 7530-02-000-9065 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 Plaintiff OXFORD MANOR APARTMENTS V. STEPHEN SHRIVER and all other occupants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 11-5777 To: Stephen Shriver and all other occupants 1425 Apple Drive, #135 Mechanicsburg, PA 17055 DATE OF NOTICE: September 20, 2011 I1WORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FARM 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 (10) 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 RAPORTANT RIGHTS. 1 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 LAWYER REFERRAL & INFORMATION SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 TTY (717) 249-2663 AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAR LA ACCION EXIGIDA DE SU PARTE EN ESTE CASE. A MENOS DE QUE USTED ACTUE DENTRO DE DIEZ DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE REGISTRAR UNA SENETENCIA CONTRA USTED, SI EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEDAD 0 DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENA UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, DEBE COMMUNICAARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: 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 Very T J. WILLWERTH, ESQUIRE 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 Plaintiff OXFORD MANOR APARTMENTS COURT OF COMMON PLEAS CUMBERLAND COUNTY V. STEPHEN SIMVER and all other occupants No. 11-5777 AFFIDAVIT OF NON-MILITARY SERVICE ROBERT J. WILLWERTH, ESQUIRE, being duly sword according to law, deposes and says that he is counsel for Plaintiff in the above entitled case; that he is authorized to make this Affidavit on behalf of Plaintiff; that the above-named Defendant is over 18 years of age; the last known residence address of the Defendant is as set forth in the caption hereinabove. Deponent further avers that Defendant is not in the Military of Naval Service of the United States, nor any State or Territory thereof or its allies, as defined in the Soldiers and Sailors Civil Relief Act of Congress of 1940 and the amendments thereto. Respectf y?tted, COHEN WI yER ,.7 P . C . Date: 10/11/11 BY: VOBERTIA. WILLWERTH, ESQUIRE Attoy ey for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND OXFORD MANOR APARTMENTS COURT OF COMMON PLEAS CUMBERLAND COUNTY v STEPHEN SHRIVER and and other occupants : NO. 11-5777 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue Writ of Possession in the above-captioned matter, for possession of the described property: 1425 Apple Drive, Unit #135 Mechanicsburg, PA 17055 Date: November 17, 2011 Itaq.6d?A fLt . vo CasF I? ? .7 -00 cr)- Aey for Plaintitt ERT J. WILLWERTH, ESQUIRE rn r- ca CD ?_. o -0 CD --q CD e 3og 2,, W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OXFORD MANOR APARTMENTS VS. No. 11-5777 Civil Term STEPHEN SHRIVER AND OTHER OCCUPANTS Costs Attorney's $38.00 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) OXFORD MANOR APARTMENTS being: (Premises as follows): 1425 APPLE DDRIVE, UNIT #135 MECHANICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. David D. Buell, Prothonotary, Common Pleas Court of Cumberland County, A Date NOVEMBER 30. 2011 (Seal) 2of2 No 11-5777 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OXFORD MANOR APARTMENTS VS. STEPHEN SHRIVER AND OTHER OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 38.00 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: ROBERT J. WILLWERTH, ESQUIRE COHEN & WILLWERTH, P.C. 660 SECOND STREET PIKE SOUTHAMPTON, PA 18966 215-887-8100 Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Where papers may be served day of I caused the within to have possession of the premises described with the Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4 b ,r C,?... - FILED-FFICE r r : r THE PROTHONOTIk y 2011 DEC 28 PM 12.- 40 CUMBERLAND COUNTY PENNSYLVANIA Oxford Manor Apartments vs. Stephen Shriver SHERIFF'S RETURN OF SERVICE Case Number 2011-5777 12/09/2011 08:00 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in hi; bailiwick. The Sheriff therefore returns the within requested Writ of Possession as "Not Found" at 1425 Apple Drive, Unit #135, Mechanicsburg Borough, Mechanicsburg, PA 17055. No other occupants found. 12109/2011 08:00 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Possession by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Stephen Shriver at 1425 Apple Drive, Unit #135, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County, informed Defendant of contents of same and posted Sheriffs Notice on premises. 12/27/2011 By virtue of this writ, Ronny R. Anderson, Sheriff caused the within named Plaintiff to have possession of the premises described as '1425 Apple Drive, Unit #135, Mechanicsburg, Pennsylvania, 17055. SHERIFF COST: $90.00 SO ANSWERS, December 27, 2011 RON R ANDERSON, SHERIFF a -OQ rd _ Leo . r4z (trii-':?Snte.S^enrt lce :;?Yt Irc. r a OXFORD MANOR APARTMENTS V. STEPHEN SHRIVER and all other occupants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-5777 ORDER AND NOW, this ?j day of 2011, it is hereby ordered that the Prothonotary shall release all escrow monies deposited with the court in connection with this matter to Plaintiff s attorney at the following address: Cohen & Willwerth, P.C. 660 2nd Street Pike Southampton, PA 18966 BY THE COURT: o? r c .? rn :I- r- -r <CD -a = j C:)--n C -- c> Check Date: 01/12/2012 Case No. Defendant Descriptions 11-05777 OXFORD MANOR APARTMENTS RENT 11-05777 OXFORD MANOR APARTMENTS RENT 11-05777 OXFORD MANOR APARTMENTS RENT 11-05777 OXFORD MANOR APARTMENTS RENT Check Amount: * 2114 * Amt Released Receipt 765.00 262903 765.00 264372 765.00 266053 765.00 268248 rn c_ -T { -C > cFa Iz co 3060.00 INFOCON CORPORATION(L1558HB) 3385603 David D. Buell - ?? ORRSTOWN BANK` CUAIBERLA'ND COUNTY PROTHONOTARY OFFICE SHIPPENSBURG, PA 60-15031313 GENERAL FUND I COURTHOUSE SQUARE. SUITE 100 CARLISLE, PA 17013 i CHECK DATE CHECK NUMBER PAY THIS AMOUNT 01/12/2012 2114 $3,060.00 m 0 a Three Thousand Sixty And 00/100 Dollars d TO THE ORDER OF m COHEN '& WILLWERTH PC 2011-5777 660 2ND STREET PIKE Z3 SOUTHAMPTON, PA 18966 i AUTH IZE SSIGNATURE `t '00 2 10411' 1:0313150361: 108 11117111' 08384601122012 Cumberla nd County Prothonotary's Office Page: 1 PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - Rel Date Desc No No Amount Date No Amount COHEN & WILLWERTH PC RENT 8/08/2011 PYMT/CHECK 262903 11-05777 765.00 9/07/2011 PYMT/CHECK 264372 11-05777 765.00 10/1.7/2011 PYMT/CHECK 266053 11-05777 765.00 12/07/2011 PYMT/CHECK 268248 11-05777 765.00 01/12/2012 2114 3,060.00 ** Total Amount Released 3,060.00 ------------------ -----------------End of Listing ----------------------- ------------------ ------------ ------