HomeMy WebLinkAbout06-1982
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
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)
)
)
)
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)
)
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)
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Civil Action - Law
No. Die - JqJ>~ C~U[tT~~
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you, You are warned that if you
fail to do so, the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE
ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, P A 17013
Telephone: (717) 249-3166
(800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office, All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
No. Oi-- - /9P~ C;uJ'[-~
Civil Action - Law
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
COMPLAINT - CIVIL ACTION LAW EJECTMENT AND MONEY DAMAGES
I. This Action in Ejectment and for Money Damages is brought pursuant to
Pa. R.Civ.P. Section 1051 et seq.
2. The amount of money damages which is sought in this matter is less than
Thirty-Five Thousand Dollars ($35,000.00).
3. Plaintiff, Shippensburg University Foundation, is a non-profit corporation
registered in Pennsylvania, with a mailing address of 109 Stone Ridge Commons, Shippensburg,
Cumberland County, Pennsylvania 17257 (hereinafter "Plaintiff').
4. Defendants, Brian Powell, Emmett Mauer, Alex Marklund, John Hanson, Bryan
Brutto, Kevin Dempter, Eric Derr, Henry Nace, Drew Burghardt, and Chris Kennedy, are adult
individuals who reside at 26 Middle Springs A venue, Shippensburg, Cumberland County,
Pennsylvania 17257 (hereinafter "Defendants").
5. Defendant, John Wolfe, is an adult individual residing at 16 Shetland Drive,
Shrewsbury, York County, Pennsylvania 1736 I.
6, Plaintiff is the owner of the premises known as 26 Middle Springs Avenue,
Shippensburg, Cumberland County, Pennsylvania 17257 (hereinafter "Premises").
, '
7. A copy of the Deed evidencing Plaintiff's title to the Premises is attached hereto
and made a part hereof as Exhibit "A."
8, For all times relevant hereto, the Plaintiff was the owner of the Premises.
9. On the following dates, Plaintiff and Defendants entered into a written lease for
the leasing of the Premises to Defendants as follows:
a. Brian Powell and Emmett Mauer, on May 7,2005;
b. Alex Marklund on April 28, 2005;
c. John Wolfe on May 5, 2005;
d, John Hanson and Bryan Brutto on June 1,2005;
e, Kevin Dempter on August 12, 2005;
f. Eric Derr on August 15, 2005;
g. Henry Nace on August 23, 2005;
h. Drew Burghardt on September 3,2005;
1. Chris Kennedy on February I, 2006.
10. Pursuant to Paragraph I of the lease, it specifically states that, "If tenant shall be
more than one person, all obligations oftenant under this lease shall be joint and several and
shall bind and effect all persons who are defined as "Tenant" as fully as though all of them are
specifically named herein where the word "Tenant" is used. A copy of the lease is attached
hereto as Exhibit "B" and made a part hereof.
11. Defendants were to pay Plaintiff a certain rental sum during their occupancy of the
Premises.
12, The total amount due over the term of the lease is Thirty Five Thousand Four
Hundred Ninety-Six Dollars ($35,496.00).
13. The rent is due pursuant to the following schedule in the lease:
a. $100.00 due at signing of the lease;
b. $8,874,00 due June 1,2004;
c. $8,874.00 due September 1,2005;
. '
d. $8,874.00 due December 1,2005;
e, $8,874.00 due March 1,2006.
14. Pursuant to Paragraph 26 of the lease, tenant waived the right to receive a "Notice
to Quit" or "Notice to Vacate" from the landlord.
15. Pursuant to Paragraph 26(b) of the lease, tenant breaks andlor defaults under the
lease if: (I) Tenant does not pay rent or other charges required hereunder when they are due.
16, Although a Notice to Quit is not required under the terms of the lease, Defendants
were provided with a Notice to Quit on January 20,2006, attached as Exhibit "C," for failure to
pay the rent and subsequent late charges.
17, In addition, Plaintiff made a payment to the Cumberland Franklin County Joint
Municipal Authority in the amount of One Thousand Sixty-Five Dollars and Twenty Cents
($1,065.20) on behalf of the Defendants,
18. As of January 20, 2006, Defendants were in arrears to the Plaintiff in the amount
of Fifteen Thousand Six Hundred Twenty-Seven Dollars and Seventy Six Cents ($15,627.76).
19. Despite receipt of the Notice to Quit, Defendants have failed and refused to vacate
the Premises,
20, As of March 15,2006, Defendants owed Plaintiff Nineteen Thousand Nine
Hundred Twenty-Six Dollars and Seventy Cents ($19,926,70). Attached is Exhibit "D"
providing the balances due,
21. Defendants remain in possession of the Premises,
22. Defendants are jointly and severally liable for the entire amount of rent due.
COUNT I - EJECTMENT
23. By virtue of the Defendants' failure to pay rent, which is a breach of the lease
provisions and the delivery of a Notice to Quit to Defendants, Defendants have no possessory
interest in the Premises and should be ejected from the Premises.
WHEREFORE, Plaintiff requests this Court to enter judgment for possession of the
Premises.
COUNT II - MONEY DAMAGES
24. Defendants remain in possession of the Premises.
25. As of March 15,2006, Defendants were in arrears torrent, late fees, and costs
advanced on behalf of Defendants in the amount of Nineteen Thousand Nine Hundred Twenty-
Six Dollars and Seventy Cents ($19,926.70).
26, Plaintiff is requesting payment of the Eighteen Thousand Eight Hundred and
Sixty-One Dollars and Fifty Cents ($8,861.50) in unpaid rent and late fees.
27. Plaintiffis requesting One Thousand Sixty-Five Dollars and Twenty Cents
($1,065.20) as reimbursement for a payment made to the Cumberland Franklin Joint Municipal
Authority on behalf of Defendants.
28. At time of hearing on this matter, Plaintiff will be seeking unpaid rent to date, any
additional late fees, and any additional reimbursement for utilities or other costs paid by Plaintiff
on behalf of Defendants.
WHEREFORE, Plaintiff seeks judgment against Defendants for damages, jointly and
severally, in the amount of Nineteen Thousand Nine Hundred Twenty-Six Dollars and Seventy
Cents ($19,926.70), plus additional rent, plus additional late fees, plus any additional costs and
attorneys' tees, and any other just relief.
Respectfully submitted,
BARLEY SNYDER, LLC
j{- I J ~ I
By: tZw'\.; ,
Mic]{ael J. Connor, Esquire
Attorney tor Plaintiff
247 Lincoln Way East
Chambersburg, P A 1720 I
(717) 264-6494
1.0. No, 75927
]587979
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities,
1587979
MAR-21-2006 ~ON 09:36 AM
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December 27, 1994
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THIS DEED
MADE this 1itl. day of Oecel>Lber, 19j1,
Between
JOHN V.
Pennsylvania,
"GRANTOR,"
STENGEL, single, of Harrisburg,
hereinafter whether one or more
Dauphin county,
referred to as
And
SHIPPENSBURG tTNIVERSIT'l FOUNDATION, Trustee of The John v.
Stengel Charitable Remainder unitrust dated /JPa..,6~r 2;:; /"11'1, a
non-profit organization with principal office in Shippensburg
Township, Cumberland county, Pennsylvania, hereinafter whether one
or more referred to as "GRANTEE,"
WI'rNESBETH, that in consideration of the sum of One ($1.00)
Dollar, in hand paid, the receipt whereof is hereby acknowledged,
the said Grantor does hereby grant and convey in fee simple to said
Grantee
ALL the following described real estate lying and being
situate in Shippensburg Township, cumberland County, Pennsylvania,
more particularly described as follows:
BEGINNING at an iron pin on the northern edge of the
Western Maryland Railroad company right of way at line
of land now or formerly of John R. Trindel; thence with
said right of way, North 81 degrees 47 minutes West,
200.9 feet to an iron pin at line of land now or formerly
of Ray Rhinehart; thence with the same and land now or
fo~erly of Harold L. Clough, North 51 degrees 46 minutes
East 186.5 feet to an iron pin; thence continuing with
said land now or formerly of Clough, North 1 d2gree 28
minutes West 125.60. feet to an existing spike in the Old
Middle spring Road; thence in and along the Old Middle
Spring Road, South 48 degrees 55 minutes East 149.2 feet
to an iron pin at line of land now or formerly of John
R. Trindel; thence with the same, South 18 degrees 15
minutes West 180.9 feet to the first-mentioned point and
place of beginning, as per survey prepared by T. L.
Essick, R.S., dated october 15, 1948, amended by John R.
McClellan, R.S. dated March 16, 1962.
O~ 116 fACE 996
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PLAINTIFF'S
EXHIBIT
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MAR-21 -2006 MUN 08: JO AM
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THE above-described real estate is the same which John
R. Trindel, Sr., and Barbara E. Trindel, his wife, by
deed dated April 4, 1986, recorded in cumberland county,
Pa., Deed Book U, Vol. 31, Page 817, conveyed to John V.8
Stengel, the Grantor herein.
AND the said Grantor hereby warrants specially the property
herein (;onveyed.
IN WITNESS WHEREOF, the said Grantor does hereby set his hand
and seal the day and year first above written.
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" John V. stengelU
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(S~Za.l)
STATE OF PENNSYLVANIA:
COUNTY OF ~
On this the dgtA day ofC~~ , 19'1i., before me
the undt:rsigned officer, personally appeared John v _ stengel, known
to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged the foregoing
deed to be his act and deed and desired the same to be recorded as
such.
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-~i"~~ .W,itnesB my hand and official seal the day and year first above
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~ \"!i''':.:;'.~~~~(d ~~x-;-:.:: It, ~';'t~ NAINA J. SANGHVI. No!sry PubliC .
, ~'--c.'";'" ~...,y I-I:}~ :'/_~,- CiiyofHarriSburg.CX1upninCounry y commission explres:
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THIS IS A CONTRACT GIVING TENANT THE RIGHT TO LIVE IN LANDLORD'S PROPERTY FOR A
PERIOD OF TIME, SO LONG AS TENANT DOES AND DOES NOT DO CERTAIN THINGS. IT IS A LEGALLY
BINDING CONTRACT BETWEEN THE LANDLORD AND EACH PERSON MAKING-UP THE TENANT. EACH
PERSON MAKING UP TENANT SHOULD READ THIS LEASE CAREFULLY.
Apartment Lease Agreement
Shippensburg University Foundation
THIS CONTRACT corn AINS WAIVERS OF YOUR RIGHTS AS A TENANT. DO NOT SIGN THIS
LEASE UNTIL YOU UNDERSTAND ALL OF THE AGREEMENTS IN THIS LEASE.
RECITALS
'-
WHEREAS, Shlppensburg University Foundation is the owner of a building located on land having
an addross of 26 Middle Springs Avenue. Shippensburg. Pennsylvania 17257 (the "Building"); and
WHEREAS, the Tenant, as more particularly identified below, desires to lease the Building and the
Landlord desires to leaso such building to the Tenant, pursuant to the terms and conditions sot forth
herein.
NOW, THEREFORE, for good and valuable consideration Intending to be legally bound, the parties
covenant and agree as follows:
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TENANT:
Each person making up Tenant is listed here, Each person represents and warrants that his/her correct
Social Security and home address is the number and address following his/her name, If Tenant shall be
more than one person, all obligations of Tenant under this Lease shall be joint and several and shall bind
and affect all persons who are defined as "Tenant' as fully as though all of them are speCifically named
herein wherever the word 'Tenant" is used.
Name o..,el y' , ~
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PLAINTIFF'S
EXHIBIT
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MAR-17-2006 FRI 11:44 AM
FAX NU,
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Name
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2. LANDLORD:
Name 5HIPPENSBURG UNIVERSITY FOUNDATION
Mailing Address 109 STONE RIDGE COMMONS. 5HIPPENSBURG PA 17257
3. PROPERTY
landlord agrees to rent to Tenant and Tenant agrees to rent from Landlord the following
Property, 26 Middle Springs Avenue, Shippensburg, PA 17257. The Property shall be occupied and used
only as a residential dwelling and only for the Tenant, as lis1ed above. Unless otherwise agreed in writing,
guests of Tenant may occupy the Property in reasonable numbers during reasonable hours, however, no
guest shall be permitted to stay at the Property for more than one(1) week during the Term hereof, Neither
Tenant lIor any of the persons occupying the Property shall perform or permit any practice that may
damage the reputation of or otherwise damage the Property, be Illegal or increase the rate of insurance on
the Property, The Property may not be used for any commercial activity nor may any part of the Property be
used for any profession, trade, business or craft.
4, RENT PAYMENT 5CHEDUlE - landlord need not give Tenant notice to pay rent All payments
of rent are payable in advance, without notice, demand or setoff, on the dates set forth below,
A
B.
$ :?.,5,'-1'9lc,oo
C.
The total amount of rent due over the Term of this lease is
The rent payment schedule is as follows:
1. Due at signing of this lease(applied toward first
(quarter rent)
2. Due June 1", ~I':?S $ 0, p, 1 '-j ,00
3. Due September,1', ~(=.<; $ P, P:>,L\, ('>(,
4. Due December 1", ;;;'1-:05:; $ ~ ~~ '1, 00
5. Due March 1", ?.Doc. $ _ __l..\ ("X)
Tenant may be required to pay other charges to Landlord under the terms of this lease. Whether
or not stated as such, those other charges are "added rent" If Tenant fails to pay the added rent,
landlord shall have the same rights against Tenant as if Tenant failed to pay the rental set forth in
paragraph 4B, above,
Tenant must pay a late charge of $50,00 if rent is more than four (4) days late. If there is more than
one named Tenant in the Property, then each Tenant is Individually responsible for the $50.00 late
charge. All payments shall be applied first to delinquent rents and late charges, if any, then to all
currently due rent.
Tenant shall pay rent by check and such Check shall be made payable to "Shippensburg University
Foundation" and delivered to the address of 109 Stone Ridge Commons, Shippensburg,
Pennsylvania, or Tenant shall be permitted to pay rent by depositing a check in the drop box
located between the double glass doors at 109 Stone Ridge Commons, Shippensburg,
Pennsylvania.
Any check returned for insufficient funds or for any other reason caused by the Tenant shall incur a
charge for handling, to be paid by the Tenant upon proper invoice. This charge shall consist of all
identifiable expenses, with a minimum charge of $25.00 for each such occurrence. If there is more
than one named Tenant, then each Tenant is indiVidually responsibla for the charge due for the
Insufficient funds, If any check is returned to the Tenant for insufficient funds or for any other
reason caused by the Tenant, Landlord hereby reserves the right to require all future payments of
rent or any added rent to be paid by money order, cashier's check or other immediately available
funds.
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G, Tenant may not reduce and/or set off any amount of the rent by any money that Tenant claims
Landlord owes to Tenant.
5,
SECURITY DEPOSIT
A. The Security Deposit is $ ~ '1 SB ,cD, and is due August 1, 2IJo5 .
B. Landlord can use the security deposit to pay for unpaid rent, all amounts due under this Lease and
damages that are Tenant's responsibility.
C. When Tenant moves from the Property, Tenant must return all keys and provide Landlord with a
stamped self-addressed envelope with Tenant's new mailing address where Landlord can return
Ihe Security Deposit.
D. Landlord will prepare a list of charges owed by Tenant. Landlord may deduct these charges from
the security deposit. Landlord will return the security deposit (minus any charges to Tenant) within
30 days so long as Tenant has given Landlord a self-addressed, stamped envelope with Tenant's
new mailing address.
G. Tenant may not use the security deposit as payment of the last month's rent or any other
amounts due to Landlord,
6.
STARTING AND ENDING DATES OF LEASE (also called "Term")
A. Starting Date: This Lease commences on June 1, 2005
B.
Ending Date: This Lease expires on
Mav 31. 2006
7. RENEWAL TERM
This Le~lse will NOT eutomatically be renewed at the original Ending Date. If Tenant desires to renew this
Lease, Tenant must notify Landlord of Tenant's intent to renew by November 1 st of the year preceding the
Ending Date of this Lease and the parties will need to execute a new Lease,
8, USE OF PROPERTY
Tenant(s) will use the Property only as a residence and only for the Tenant(s) listed above.
1748.2
9. UTILlTII~S AND SERVICES
A. Utilities provided by Landlord:
. Other
. Other
B, Tenant will arrange for, at its sole cost and expense, all electric, water, sewer, telephone and cable
service, Notwithstanding the foregoing, if any such utility is provided by, and/or as a result of the
Landlord, Tenant shall pay the Landlord for its proportionate share of such utility usage, as solely
determined by the Landlord. Tenant must pay a TEN ($10.00) DOLLAR "LATE CHARGE" for any of
the above bill payments not received by Landlord within four (4) days of their due date. Late charge
is considered added rent.
C. Tenant will arrange and pay for all utilities and services, except the utilities and services to be paid
by Landlord as stated above, Landlord has no obligation to provide (or liability for providing) any
other utilities or services to the Tenant and if any such utility or service is obtained by the Tenant, it
shall be at the Tenant's sole cost and expense. Tenant shall pay for any and all damage done to
any equipment or appliances supplied by Landlord which is caused by Tenant's, Tenant's guests,
servants, agents, employees or visitors or any individual for whom Tenant Is responsible, neglect or
misconduct, and any such damage shall be repaired by Landlord, at Tenant's expense. The repair
costs will be added to rent.
D, Tenant must not use any appliance or other equipment unless installed by Landlord or with
Landlord's written consent. Landlord may stop service of plumbing, heating, or electrical or
TENANHsLit...-El!I LANDLORDISI /? e
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MAR-17-2006 FRI 11:44 AM
FAX NO,
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mechanical systems, because of accident, emergency, repairs or changes, and the landlord shall
not be responsible in any way for any damage or other liability resulting from such stoppage.
E. Landlord is not obligated to provide or repair air condiUoning systems.
10. CONDITION OF PROPERTY
Tenant accepts the Property "AS-IS", .WHERE-IS WITH ALL DEFAULTS", except that Landlord has agreed
to do the fOllowing repairs before or shortly after Tenant moves In:
11. LANDLORD'S PERSONAL PROPERTY
Landlord owns the following personal property of the Property:
;!. Refrigerator -,: Range
p Miniblinds in pOther
pOther
12.
RULES AND REGULATIONS
A. Rules (called "Rules") for use of the Property are as follows:
1. Open-flame heaters, such as gasoline or kerosene type heaters, are
prohibited due the fire hazard.
2. Tenant shall not create loud noises or disturbances. Tenant, and all of Tenant's guests,
servants, agents, employees or visitors, and any Individual for whom Tenant is
responsible, shall not at any time make any noise, do anything or conduct themselves
in any way which disturbs any other resident of the Building or interferes with the rights,
comforts or conveniences of any other resident. No sound, including but not limited to
music, may be audible outside the Property.
3. Underage drInking is prohibited.
4, No parties or gatherings are allowed at which admission is charged or charges for
alcoholic beverages are levied. Without intending to limit this Rule, this includes "Rent
parties".
5. Parties are prohibited on weeknights. All doors and windows must be closed during
parties. Party guests shall not congregate outside the Property or Building. Party
music must be at a reasonable level. Landlord and/or representative of Landlord may
not be denied access to the Property when checking social gatherings, parties, etc,
6. Glue, tape, adhesive, nails, tacks, brads, or screws shall not be driven into walls, floors,
doors, cabinets or ceilings of the Property, nor shall there be any boring or marring of
the above areas.
7. No personal property of any description is to be placed on or permitted to remain on
the lawn, steps, porches, or stairs, or hung from windows. Landlord has the righlto
approve or disapprove of all window dressings.
8. Locks may not be changed nor additional locks put on any doors without the written
permission of Landlord. The Landlord will be given duplicate keys for all locks so
installed, prior to the installation, at the Tenanrs expense. Any Tenant who forces a
door or has his/her door forced by someone else will be charged for a new lack,
hardware, door frame, and the labor necessary to repair it.
9. No beverages in bottles or other glass containers may be consumed outside the
Property,
10. Bottles and other glass containers and trash must be piaced in Ihe designated area.
No battles, glass Dr trash may be thrown from inside the Property or Building or from
patios.
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11. Kegs are prohibited, Landlord has the right to confiscate all kegs and/or taps.
12. Firearms, explosives, fireworks and paint guns of any kind are prohibited,
13. Waterbeds are not pormltted.
14, Loitering or congregating outside the Property and Building is not permitted.
15. Doors to the Property must be kept closed at all times.
16. Physical violence, threats of physical violence, acts of retribution, or intimidation
directed toward employees or agents of Landlord or other Tenants of the Building are
strictly prohibited. Any violation of this Rule will result in immediate termination of this
Lease and/or criminal charges,
17. Tenant shall not in anyway tamper, adjust, remove or modify any of the utility systems
or metering equipment maintained by Landlord.
1 B. Landlord has the right to change and/or establish additional rules and regulations, at
any time, to maintain the safety and well being of the residents of the Property, all in
the sole discretion of the Landlord,
19. Tenant shall not tamper with nor remove smoke detectors and/or fire alarm detection
systems.
20, Tenant shall not place on the Property any furniture, plants, animals or other things
that harbor insects, gather rodents or other pests.
21. Notwithstanding anything contained herein to the contrary, Tenant shall keep out of the
Property all materials which cause or may cause a life hazard or safety hazard and
shall comply with all reasonable requirements of Landlord's fire insurance carriers.
22. Tenant shall not place any signs upon the exterior of the Property or cause any
lettering of any kind whatsoever to be placed upon the outside or inside windows of the
Property without first obtaining the prior written approval of the Landlord.
23. Tenant agrees to report any spigot leaks, or any other plumbing or mechanical
complaints to the Landlord immediately. No rags, sweepings, matches, ashes or other
Improper articles shall be thrown Into the plumbing fixtures nor shall any harmful
cleaning materials be used.
24. Tenant at all times shall comply strictly with all requirements of all governmental
authorities having jurisdiction over the Property, as well as with the terms of all state,
federal or municipal statutes, ordinances or regulations which are or may at any time
hereinafter become applicable to the Property and/or Building or to the activities
conducted thereon and to Tenant as lessee thereof, Tenant shall save Landlord
harmless from all penalties, fines, costs and damages of every kind which may result
from any failure to do so.
B, Tenant and all of Tenant's guests, servants, agents, employees or visitors and indiViduals for whom
Tenant is responsible must obey the Rules. If not, Tenant shall be deemed to be in immediate
default of this Lease.
'7482
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END OF' TERM AND ABANDONMENT:
A. At the end of the Term, Tenant must leave the Property clean and in good condition, subject to
ordinary wear and tear. Tenant will remove all of Tenant's property, alterations and decorations.
Tenant must clean all walls, windows, windowsills and tracks, fixtures, toilets, sinks, shower, tub,
stove, oven, cabinets, refrigerator and carpeting, All damages or injuries done to the Property by
Tenant andlor Tenant's servants, agents, employees or visitors and individuals for whom Tenant is
responsible, shall be the responsibility of the Tenant and the Tenant shall be required to pay all
costs associated with the repairs of such damages or injuries. Landlord shall repair all such
damages or injuries to the Property, including drywall and door holes, which cost of repair will, at
Landlord's option, either be billed to Tenant or deducted from the Security Deposit.
If Tenant's personal property remains in the Property after termination or expiration of this Lease,
Landlord may, without notice, store or dispose of same. Landlord shaH not be liable for any injury or
damage arising out of or resulting from any reasonable disposal of such property. Tenant shall be
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charged for Landlord's expenses in removing said items,
14, POSSESSION
A. Landlord shall not be liable in any way if it cannot give Tenant possession Of the Property on the
Starting Date of the Term of this Lease or in the specific Property number listed above. Landlord
may change the Property number listed above prior to possession should such Property not be
capable of possession by the Tenant on the Starting Date of the Term of this Lease.
B, Rent starts at the Starting Date of the Term of this Lease unless Landlord cannot give possession
of the Property (rent shall then be payable when possession is available). Landlord will notify
Tenant when possession Is available. The Ending Date of the Term will not change.
15 INCREASES IN COSTS
A. If Tenant's actions cause an increase in property insurance, Tenant will pay the amount of the
increase.
16, LANDLORD'S RIGHT TO ENTER
A, Tenant agrees to let Landlord or Landlord's representatives enter the Property at reasonable hours
to inspect, repair, Dr show the Property to prospective buyers or tenants.
B. Landlord will attempt to give Tenant 24 hours notice of date, time, and reason for the visit. In case
of emergency, Landlord may enter Property without notice,
C. Landlord may put up For Sale or For Rent signs on Dr near the Property.
D. Tenant agrees to move out peacefully when this Lease Term terminates and/or expires.
17. TENANT'S CARE OF PROPERTY
Tenant, Tenant's guests, servants, agents, employees, or visitors and individuals for whom Tenant is
responsible, agree to obey all laws and Rules that apply to T anant. Also:
A. Tenant will:
1. Keep the Property clean, neat, safe and in good condition,
2, Dispose of all trash, garbage and any other waste materials as required by Landlord and
the law.
3. Use care when using any of the electrical, plumbing, ventilation or other facilities or
appJiances on the Property.
4. Tell Landlord immediately of any needed repairs. Landlord does not have any Obligation to
repair any damage caused by Tenant's willful, careless, Dr unreasonable behavior and all
such damage shall be the sole responsibility of the Tenant.
5. Surrender the Property upon termination of this Lease in the same condition as
when the Property was received by the Tenant at Starting Date of Lease,
8. Tenant will not:
1, Keep any flammable materials on the Property.
2, WillfUlly destroy or deface any part of the Property,
3. Disturb the peace and qUiet of other tenants.
4. Make any changes. alterations andlor improvements to the Building and/or the Property,
such es painting, wallpapering or remodeling without the prior written permission of
Landlord. If alterations are made, Tenant must remove all such changes, alterations andlor
improvements and/or pay the cost to restore the Property. Tenant must pay a TEN
($10.00) DOLLAR "LATE CHARGE' for any of the above payments not received by
Landlord within four (4) days of their due date,
18, SMOKE DETECTORS, FIRE EXTINGUISHERS AND SPRINKLER SYSTEM
A. Landlord will inspect the smoke detectors and fire extinguishers on a regular basis.
8. Tenant must notify Landlord in wriUng Immedietely of any inoperable smoke detector and/or fire
extinguisher.
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C. If any smoke detector or fire extInguisher requires repair or replacement due to an act or omission
of Tenant, Tenant must pay the cost to repair or replace the smoke detector andlor fire
extinguisher.
D. If any damage ;s caused to the Property or Building due to an inoperable smoke detector andlor fire
extinguisher system which is inoperable because of an act or omission of Tenant, Tenant must pay
cost to repair the damage.
19. NO PETS
No pets or other animals are permitted anywhere on the Property at any time. Tenant must pay
additional rent of $250.00 per occurrence or any and/or all breaches of this condition.
20. BALCONIES AND PATIOS:
A. Tenant must keep the balcony or patio free from garbage and debris. No personal property may be
kept or stored on the balcony or patio, Only outdoor furniture is permitted on the balcony. Nothing
may be hung on or from the balcony or patio, including but not limited to, clothing, towels. rugs,
flags, etc. No cooking Is allowed on an upper noor balcony.
B. No more than eight persons are permitted on the balcony or patio at anyone time,
C. All Tenants in the building are responsible for keeping the balconies and patios free from garbage
and debris. A violation of this provision will result in a charge to each and every unit in the Building
For their share of the actual clean up cost. There will be a minimum charge of $10.00 to each and
every unit in the Building.
21. VEHICLES:
The use or storage of Tenant's or any other person's vehicle, whether or not parked or being driven
In or about the parking area shall at all times be the sole risk of Tenant. Landlord is not liable for
damage to, or caused by, any vehic;le. This InCludes property damage and bodily injury. Tenant
must register hisfher vehicle(s) with Landlord.
22. SECURITY SERVICES:
Tenant hereby agrees and acknowledges that Landlord shall not provide and shall have
no duty to provide any security services to Tenant or the Property. Tenant shall
look solely to the applicable police force for security protection. Tenant agrees and
acknowledges that protection against criminal action is not within the power of lhe
Landlord, and, even if from time to time Landlord provides security services, those
services cannot be relied upon by Tenant and shall not constitute a waiver of, nor In any
manner modify the above agreement. Landlord shall not be liable for failure to provide
adequate security services or (or criminal or wrongful actions by others against Tenant.
Family, licensees, invitees or guests,
23. KEYS:
Tenant must pay a ten dollar ($10,00) additional rent charge for each Property key replaced by
Landlord during the Term or not returned at the termination of this Lease or the Ending Date of
the Term.
24. FIRE OH OTHER DAMAGE; CONDEMNATION
A. Tenant must notify Landlord immediately if the Property is damaged by fire or any other
cause. Tenant must notify Landlord if there Is any condition in the Property that could
damage the Property or harm Tenant or others,
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B. If the Property cannot be used because of fire or other casualty, Tenant is not required
to pay rent for the time the Property is unusable ( as long as damage was not caused by
Tenant). If part of the Property cannot be used, Tenant must pay rent for the usable
part. Landlord shall hava tha right to decide which part of the Property is usable,
C. If the Property or Building is damaged by fire or other casualty, Landlord may cancel this Lease. If
the Landlord decides to cancel. Landlord will notify Tenant within thirty (30) days of the fire or
casualty. In such event, this Lease shall terminate and the Landlord shall have no further
obligation to the Tenant.
D. If landlord does not cancel this lease, Landlord shall have a reasonable time to make repairs.
E. If the fire or casualty is caused by an act or neglect of Tenant, Tenant's guest, servant, agent,
employee or visitor or an Individual for whom Tenant is responsible, then all repairs will be made at
Tenant's expense. However, Tenant must still pay the full rent with no adjustments,
F. if the whole or a substantial part, solely determined by Ihe Landlord, of the Property andlor Building
shall be condemned or taken either permanently or temporarily for any public or quasi-public use or
purpose, under any statute or by right of eminent domain, or by private purchase in lieu thereof,
then in that event, the Landlord shall have the right to immediately terminate this Lease by providing
the Tenant with written notice. In that event, this Lease shall cease and terminate from the date of
title vesting in such proceeding or purchase and Tenant shall have no claim against landlord for the
value of any unexpired Term of said Lease, In the event that only a portion of the Property shall be
laken andlor the Landlord does not terminate this Lease, the rent payable by the Tenant shall be
fairly and equitably abated to reflect the portion of the Property taken, effective as of the date on
which the portion of the Property actually transferred to the condemnor.
25. SALE OF PROPERTY
A. If the Building andlor Property is sold, Tenant agrees that Landlord may transfer Tenant's money
and edvance rent to the new landlord.
B. Tenant agrees th~ Landlord will have no duties regarding this Lease after the Property and/or
Building has been sold.
26, IF TENANT BREAKS ANY TERM OF THIS LEASE AND/OR DEFAULTS UNDER THIS LEASE: WAIVER
OF RIGHTS:
A. TENANT'S WAIVER OF NOTICES. LANDLORD SHALL NOT BE REQUIRED TO GIVE TENANT
A NOTICE OF DEFAULT, OR AN OPPORTUNITY TO CORRECT ANY
DEFAULT. TENANT ALSO WAIVES THE RIGHT TO RECEIVE A "NOTICE TO
QUIT" OR "NOTICE TO VACATE" FROM LANDLORD. THIS MEANS LANDLORD
IS NOT REQUIRED TO NOTIFY TENANT TO REMOVE FROM (LEAVE) THE
PROPERTY,
Landlord may give Tenant a termination notice (but Landlord Is not obligated to give
that notice), If given. the termination notice will state the date the Term will end,
Tenant must leave the Property and give Landlord the keys on or before the termination
date. Tenant continues to be responsible as stated in this Lease.
B. Tenanl breaks and/or defaults under this Lease if:
1. Tenant does not pay rent or other charges required hereunder when they are due,
2, Tenant vacates or moves out of the Property before the end of this Lease.
3. Tenant does not move out upon termination andlor expiration of this Lease.
4. Tenant fails to do anything Tenant agreed to in this Lease, specifically including, without
limitation, obeying all Rules, or does something Tenant has agreed not to do in this lease,
5. Tenant has given Landlord false information in the rental application or this Lease.
6. Tenant enters into an assignment and/or sublease of this Lease with another party without
the express written
permission of the Landlord
C, If Tenant breaks this Lease for any reason, Landlord may
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1, Recover possession of the Property (evict Tenant).
2. File a lawsuit against Tenant for rents and charges not paid and for rents and charges for
the rest of this Lease term, which shall be immediately due and payable.
3. Keep Tenant's Security Deposit.
4. Terminate this Lease.
5. Do anything else permitted by lew or in equity or exercise any other applicable remedy.
6, If Landlord hires a lawyer to enforce this Lease, Tenant agrees to pay the lawye~s fees and
Landlord's reasonable costs.
D. THIS IS A JOINT AND SEVERAL LEASE WHICH MEANS THAT ALL OF THE PEOPLE MAKING
UP TENANT AS A GROUP AND EACH OF THE PEOPLE AS INDIVIDUALS ARE RESPONSIBLE
TO LANDLORD FOR ALL OF THE AGREEMENTS OF THIS LEASE. FOR EXAMPLE, IF THE
RENT IS NOT PAID, LANDLORD CAN SUE ALL OF THE PEOPLE MAKING UP TENANT
(JOINTLY) FOR ANY UNPAID RENT. OR, LANDLORD CAN BRING A SUIT AGAINST ANY
ONE PERSON MAKING UP TENANT SEPARATELY (SEVERALLY) FOR ALL OF THE UNPAID
RENT.
27. SUBLEASING AND ASSIGNMENT
A, Landlord may transfer this Lease to another landlord. Tenant agrees that this lease remains the
same with the new landlord,
B, Tenant may not assign, transfer or sublease (rent to another person) the Property without
landlord's prior written permission, If Tenant does so anyway, Tenant has broken this lease and
the Landlord reserves the right to proceed with any of its rights provided for herein. Also. if
someone other than Tenant stays at the Property for more than one (1) week throughout the Term
of this Lease, Tenant must pay to Landlord $25,00 for each extra person for each day that person
or people stay(s) at the Property, To figure the number of days and the number of people,
Landlord's reasonable numbers will be used, unless Tenant can clearly prove they are wrong.
28. TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER
Landlord may have, or may put, a mortgage on the Building and/or Property. The rights of any mortgage
lender comes before the rights of the Tenant. (Example: If Landlord fails to make mortgage payments, the
mortgage lender could take the Property and end this Lease.) Tenant accepts this Lease subject and
subordinate to any first mortgage or mortgages (and all renewals, modifications, consolidations,
replacements or extensions of any such mortgage) now in existence or hereinafter made from time to time
affectinlJ the title to the Building and/or the Property or Landlord's interest therein. In addition, Tenant
accepts this Lease subject and subordinate to all Instruments in the chein of title to the Building and/or
Property. Tenant shall execute, acknowledge and delivery to the holder of any such mortgage or to any of
the parties to such instruments, at any time upon demand by such holder or by any such party, any
releases, certificates or other documents that may be required by such holder or by any such party, for the
purpose of evidencing the subordination of this lease to such mortgage or instrument. In addition, Tenant
shall, at any time or from time to time, upon demand from Landlord, execute, acknowledge and deliver to
Landlont a written statement certifying to various terms and conditions of this Lease, specifically including,
without limitation, certifying the date to which rent has been paid and certifying that there are not any
uncured defaults under this lease or specifying such defaults, Tenant's failure to deliver such statement
upon demand by the Landlord shall be conclusive upon Tenant that this Lease is in full force and effect and
unmodified and that there are no uncured defaults hereunder.
TENANT IS WAIVING (GIVING UP) TENANT'S RIGHTS TENANT UNDERSTANDS THAT IF THERE IS
A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE.
'7-482
INSURANCE AND LIMITED LIABILITY.
A. Tenant understands that
1. LANDLORD'S INSURANCE DOES NOT COVER TENANT, TENANT'S PROPERTY,
SERVANT~TS. EMPLOYEES OR VISITORS OR AN INDIVIDUAL FOR WHOM
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TENANT IS RESPONSIBLE.
2, TENANT SHOULD HAVE FIRE & LIABILITY INSURANCE TO PROTECT TENANT,
TENANT'S PROPERTY, SERVANTS, AGENTS, EMPLOYEES OR VISITORS OR AN
INDIVIDUAL FOR WHOM TENANT IS RESPONSIBLE, WHO ARE DAMAGED/INJURED
WHILE ON THE PROPERTY.
B. EXCEPT TO THE EXTENT REQUiRED BY LAW, LANDLORD IS NOT LIABLE OR
RESPONSIBLE FOR ANY INJURY OR DAMAGE OF ANY KIND THAT OCCURS TO ANYONE
OR ANYTHING ON THE PROPERTY. This includes as examples only, injuries from: lead paint,
fire and criminal acts.
C, TENANT IS RESPONSIBLE FOR ANY LOSS TO LANDLORD OR THE PROPERTY THAT
TENANT, TENANT'S SERVANTS, AGENTS, EMPLOYEES OR VISITORS OR AN INDIVIDUAL
FOR WHOM TENANT IS RESPONSIBLE, MAY CAUSE.
D. If Tenant wins a court judgment against Landlord or Landlord muSI pay Tenanl money for any
reason, Tenant will only look 10 the Property 10 collect all money owed (olher than Ihe Security
Deposit), That means that Tenant agrees not to collect money from Landlord's (or any person
making up Landlord's) corporate or personal assets, even if Tenant cannot collect money owed
from the Property.
30. PAYMENT OF JUDGMENTS, ETC.
Tenant shall bear, pay and discharge, when and as the same shall become due and payable all
judgments and lawful claims for damages or otherwise against Landlord, arising from Tenant's
use or occupancy of the Property, and will assume the burden and expense of defending all such suits,
whether brought before or after the expiration of this Lease; provided, however, that
Landlord shall have the option of dafending such suits, at Tenant's expense. Tenant agrees 10
protect, indemnify and save harmless Landlord, and Landlord's agents, servants and employees
for any (lam age caused by reason of the use or misuse of the Property, or any part thereof, due to the
negligence of Tenant and/or Tenant's egents, servants, employees, visitors and individuals for whom
Tenant is responsible. In consideration of securing this Lease, Tenant does hereby release and diSCharge
Ihe Landlord, its agents, servants, employees, successors and/or assigns, from any and all liability by
reason of any injury, loss and/or damage to any person and/or property in the Property, whether belonging
to Tenant or any other person, caused by any fire, Ihe breaking, bursting, stoppage andJor leaKing of any
water pipe, sewer, basin, waler closet and drain in any part or portion of the Property and In any part or
portion of the BUilding, unless directly attributable to Landlord's willful misconduct.
31. HEADINGS
The headings in this Lease are meant only to make it easier to find the paragraphs.
32. ENTIRE AGREEMENT
This Lease is the entire agreement between Tenant and Landlord. No spoken or written agreements
made bllfore are a part of this Lease unless they are included in this Lease. This Lease cannot be
changed except in a writing signed by Landlord and Tenant.
33, NO WAIVER
Landlord's acceptance of rent or utility payments or failure to enforce any term in this Lease is not a waiver
of any of Landlord's rights,
34. INVALID LEASE
if a COUll ultimately decides that any part of this Lease is invalid, void or illegal, that will not affect any other
part of this Lease, and the remaining parts will remain in full force and effect.
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35. SIGNATURES AND EFFECTIVE DATE:
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Landlord and Tenant have signed this Lease as of the above date. It is effective upon the
signing by both Tenant and Landlord. By signing this Lease, Tenant acknowledges that helshe
has read this Lease; that Landlord has reviewed this Lease with him/her: and the Tenant
understands the terms and conditions of this Lease, and has had the opportunity to ask
questions of Landlord.
36. NOTICE BEFORE SIGNING
THIS LEASE IS A LEGAL CONTRACT. IF YOU HAVE LEGAL QUESTIONS, YOU ARE ADVISED TO
TALK TO A LAWYER BEFORE SIGNING THIS LEASE.
IN WITNESS WHEREOF, the parties hereto, Intending to be legally bound, have duly executed this Lease, the day
and year set forth below,
DATE SIGNED BY LANDLORD
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DATE SIGNED BY TENANT
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DATE SIGNED 13YTENANT
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DATE SIGNED BY TENANT
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DATE SIGNED 15YTENANT
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DATE SIGNED ElY TENANT
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DATE SIGNED I~Y TENANT
TENANT
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DATE SIGNED BY TENANT
DATE SIGNED BY TENANT
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DATE SIGNED BY TENANT
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DATE SIGNED BY TENANT
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DATE SIGNED BY TENANT
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DATE SIGNED BY TENANT
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SHIPPENSBURG UNIVERSITY FOUNDATION
109 Stone Ridge Commons
Shippensburg, Pa 17257
(717) 530-1311
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TO: \ Pl'\~t.s
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DATE \ -dD-olD
RE: NOTICE TO QUIT
TAKE NOTICE TEAT YOU ARE JUSTLY INDEBTED TO SHIPPENSBURG UNIVERSITY
FOUNDATION, THE LANDLORD OF THE ABOVE REFERENCED PREMISES, IN THE SUMS, AS SET
FORTH BELOW, REPRESENTING UNP AID RENT, LATE CHARGES AND UNPAID SECURITY
DEPOSIT. YOU ARE REQUIRED TO PAY SAID SUMS ON OR BEFORE THE EXPIRATION
OF --I e.r-- DAYS ( I I) ) FROM THE DATE OF THIS NOTICE OR SURRENDER PREMISES
TO SHIPPENSBURG UNIVERSITY FOUNDATION, IN DEFAULT OF WHICH SHIPPENSBURG
UNNERSlTY FOUNDATION WILL COMMENCE SUMMARY PROCEEDINGS UNDER THE LAWS OF
THE COMMONWEALTH OF PENNSYLVANIA TO RECOVER THE POSSESSION OF SUBJECT
PREMISES.
UNPAID RENT
TAKE FURTHER NOTICE THAT FAILURE TO MAKE THE PAYMENTS REQUESTED HEREIN MAY
OBUGA TE YOU TO PAY ADDITIONAL FEES, COSTS OR PROCESS, AND COURT COSTS.
'Bf,-,\6.rI (?n.:>"\;o .:I1,:;lO"I.$& :'S'o'n.--.\"\~o" ',SI<';;,OD
Ot-"""" (>;.u,,,\""o.r,H 1,,,8.00 ~'IU: mcr'l\\"",d 1,1..,:;3.00
I<e>)'" uetY\ple-- cQ, e.1~,OO crn'N+r (y)Co-0cJ'" 'I~.OO. \
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,
t? ,; L CGr(
(3:,r,(>" poexll
I, 1'1'6.00
LATE CHARGES DUE:
* '/)9'),OD
SECURITY DEPOSIT DUE:
OTHER EXPENSES:
RETURNED CHECK FEE:
TOTAL AMOUNT DUE:
~ \'\ ,5&!2.SLIl
l,oLDS':lO ~t-
$15, ~:21.1y.
--
--
r<'>Me...Iol:) ::,uf' -\"O c..~Jyr. t"r
PLAINTIFF'S
I E~'B'T
-+-
. NP.R-'7-2J05 FRI 1':t5 A'1
.
r AX NU,
I. I
. .'
.
COLLEGE PARK COMMONS
109 Stone Ridge Commons
Shippensburg, PA 17257
(717) 530-1311
Date: s,,_ IS-OLP
,,'-~ 'Co
TO: .9J.. ' 0\, Ad\p_ SY('''O P,'-'G
FROM: S U FOUNDATION
YOUR PROPERTY HAS THE FOLLOWING DELINQUENT BALANCES:
Name Expense Due Date Amount
Drt!" C;:y.,~\\"") ~u;-\- ,), 0'"'\. C\u
\0..\ €- ~(::, \Dn,OO
U(0-.,..1 (~l' ( (~r0.r (\ \" ~e....0\- .Q ()n<::;,'-ID
\o...:~e... Kt's \0000
~f\);(\ Oe.-c--r. ~'rc:.\ ~ e.r,\- '2:.<Ol,'-\D
\ (J,\L ~t:L 5bOo
t~~L \,)-u, 'l<. €.r-.-\-' dU, <\ 'I') .Ll,D
\ oJ,-e ~6 \00.00
-r \--\-c.,.,'=on ~U'\t
j o\, ('\ ~ l\ (')5,'--\ 0
TOTAL: ,
(' ~I"'v"-~
PLEASE PAY THE BALANCE IN FULL TO AVOID POSSIBLE FURTHER ACTION
PLAINTIFF'S
EXHIBIT
1>
I
. M,~R-: 7-2D06 FRl ']: 48 AM
. c
. ~ , \4
r He IiI),
r, ;U
, .
COLLEGE PARK COMMONS
109 Stone Ridge Commons
Shippensburg, PA 17257
(717) 530-1311
Date: '3:, 0 \ SoCCI!
\v""\Dr- \'.$
TO: ;J' 0 rY""\ ", ^ \ p /,., P{"'c>',\ Pru-c
FROM: S U FOUNDATION
YOUR PROPERTY HAS THE FOLLOWING DELINQUENT BALANCES:
Name Expense Due Date Amount
:::S:r, "'" ""' \ok",sc,--., \ 0-,,\, ~(-(<, \ DO. 00
L\ k)( ffir,rK \,!('v\, ~er>-\- ~ Sl\~l-\D
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\ C. ~(. ~t. ~.O()
TOT AL: C:,,,.....\-
PLEASE PAY THE BALANCE IN FULL TO AVOID POSSIBLE FURTHER ACTION
. ~AR-: 7-2008 FR I I I : ~2 ,~r-
. ,~
.. ; ."
r AX NU,
t, ;:::J
COLLEGE PARK COMMONS
109 Stone Ridge Commons
Shippensburg, PA 17257
(717) 530-1311
Date:
':2 -
~)- \ ':) - Q/....p
--T ,~" &-. \- .;,
::II' ('{'\, ~ ~ If' . S?, "'"';:'
S U FOUNDATION
TO:
FROM:
YOUR PROPERTY HAS THE FOllOWING DELINQUENT BALANCES:
Name
Expense
~e,n-\-
\a..A-e \=;....::,
Due Date
Amount
\n~(\ \;.)o\\.(.
") ;;),0Le.40
100.u0
C. {..l, (\1\, A. ~v'c ~ ~ S<Mn
IOltfS 20
TOTAL:
$ t Cl "Cf1Io, ~ 0
PLEASE PAY THE BALANCE IN FULL TO AVOID POSSIBLE FURTHER ACTION
;V00
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-.-
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
TO: John Wolfe
16 Shetland Drive
Shrewsbury, P A 17361
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
NOTICE
Pursuant to Pa.R.C.P. 236, you are hereby notified that a JUDGMENT BY DEFAULT
has been entered against you in the above proceeding.
1638641
~iliOO6~~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT
TO THE PROTHONOTARY:
Please enter Judgment of Default in favor of Plaintiff, Shippensburg University
Foundation, and against Defendant, John Wolfe, for Defendant's failure to plead to the
Complaint in this action within the required time. The Complaint contains a Notice to Defend
within twenty days from the date of service thereof. Defendant was served with the Complaint
on April 13, 2006, and Defendant's Answer was due to be filed on May 3,2006. Attached as
Exhibit "A" is a copy of the Sheriffs proof of service of the Complaint, and a copy of the Notice
to Defend,
Attached as Exhibit "B" is a copy of Plaintiffs written Important Notice as required by
Rule 237.1 (a)(2) and in the form contained in Rule 237.5, of the Plaintiffs intention to file a
Praecipe for Entry of a Default Judgment, which I certifY was mailed by certified mail, return
receipt requested, to the Defendant at his last known address on May 9, 2006, which is at least
ten days prior to the filing of this Praecipe.
,~
Please assess damages in the amount of $19,926.70 as requested in the Complaint, costs
of this action in the amount of$314.29, and attorneys' fees in the amount of $924.90 for a total
of$21,165.89, plus additional rent, plus additional late fees, plus additional costs and attorneys'
fees, plus judgment interest.
BARLEY SNYDER
ro (If O(P
By:
Mi!:il:l!.;i" ~
Attorney for Plaintiff
247 Lincoln Way East
Chambersburg, P A 1720 I
(717) 264-6494
Court J.D. No. 75927
1638644
SHERIFF'S RETURN - OUT OF COUNTY
,
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
WOLFE JOHN
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of YORK
serve the within COMPLT EJECTMENT/MONEY DA
County, Pennsylvania, to
On April
28th , 2006 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep York County
6.00
9.00
10.00
37.24
.00
62.24
04/28/2006
SHIPPENSBURG
S~
~. Thomas Kl ..
Sheriff of Cumberland County
UNIV FOUNDATION
Sworn and subscribed to before me
this
day of
A.D.
Prothonotary
...,
- .
COUN1Y OF YORK
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
INSTRUCTIONS
PlFAic;i:'T\'PEONlYl.IllIE 1~ 12
QC)......iOE'1'~CH"'NY ~$
SERVE
..
AT
{
() , ST CLASS MAil
UPOSTEO
U OTHER
~OW
SHERIFF
I. SPECIAlINSTRUCTlONS OR OTHER INFoRMA nON THAT 'MLl ASSIST IN EXPEDITING SI\I)\1<11' 0 F C 0 U N T Y
ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF
Please mail returnofservicetoCtmberlandCountySheriff..I11ank you.
'fOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sherin'levying upon or attachtng any property under wilhin wnl may leave same
.vithoUl a wak:;hrnan, in custody of whomever is found in possession, after notifying person of levy or attachment. without liability on the part 01 such deputy or the Sheliff to any plaintiff
leIein for any bu. datrucIion. or removal of any property before sheriffs sale thereof.
.. TYPE NAME_ADDRESS 01 ATTORNEY I ORIGINATOR and SIGNATUREM I CHAEl J. CONNOR, ESe !O. TelEPHONE NUMBER "DATEFILEo
47 LINCOLN WAY EAST, CHAMBERSBURG, PA 17201 717-264-6494 4/6/2006
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BElOW (This area must be completed if notice is 10 be mailed)
CUMBERLAND COUNTY SHERIFF
SPACE BELOW FOR USEOf' 11E 5HERFF
13. IlICknowledge receipt of the writ
or_.........._ve MJ MCGIll YCSO
00 NOT WRI1'E8ELOW 1IIS LIE
I., OATE RECEIVED IS, ExpiraUonlHoring Date
4/11/2006 5/6/2006
16. HOW SERVED PERSONAL ~ RESIDENCE ~ POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER (
ft. 0 I hereby certifyanct return. NOT FOUND because I am unable to locate the individual. company. etc. named abOve. (See I'8fNIrks betow.)
11. NAME AND TInE OF INDIVIDUAL SERVED lUST ADDRESS HERE IF NOT SHO\NN ABOVE (Relationship 10 Defendant) 19. 0 -
7 r..J.
SEE REMARKS BELOW
22. REMARKS:
23. Advance Costs
NOTARIAL SEAL
LISA L BOWMAN, NOTARY PUBLIC
CITY OF YORK, YORK COUNTY ..
MY COMMISSION EXPIRESAUG.12 2 09
Sheriff
41. AFFIRMED and aubsc:ribed to befm
42 ...01 Aprilc'O~~'
SO. I ACKNOWlE
Of AU~lZED ISSUING AUTHORITY AND TiTlE
1. Y\lHITE _ tuumo Authority 2. PINK - Attorney 3. CANARY. Sherifr's Otfic::e 4. BLUE. Shenf'l"s Office
51 DATE RECEIVED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Shippensburg University Foundation,
Plainti ff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. ()~ - ;qf~
C;u~L ~~
'--'
-:-:;;::.
~
c.......
n
o
.,
.-\
i~F
:~-
I
c.,
( )
.en
r~_)
NOTICE
\..c0
~.J
-<
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so, the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
(800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
, .
'n: ".
.~:: 0._., .
! Iot-..:~I~
"--
~~~li~ ..,.,':'''.:';;;'
. ~h:"
'.;y
.
TN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Tenn
IMPORTANT NOTICE
TO: John Wolfe
16 Shetland Drive
Shrewsbury,PA 17361
DATE OF NOTICE: MAY 9, 2006
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRlTTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND.FILE IN WRlTING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS
YOU ACT WITIIIN TEN (] 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
Telephone: (717) 249-3166 or (800) 990-9108
Dated: 11 ~ ~ I 2tJo(p
BARLEY SNYDER, LLC
By: JtM rr c:
Michael J. Connor~€squire
Attorney for Plaintiff
247 Lincoln Way East
Chambersburg, PAl 720 I
(717) 264-6494
I.D, No. 75927
)626446
FIRST CLASS U.S, MAIL, POSTAGE PREPAID TN THE COURT OF COMMON PLEAS OF
t ~ t ~
~
8 (') ""
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r - iJ 1:1 t '-- :[I.,.,
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.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dernpter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
TO: Brian Powell
Emmett Mauer
Alex Marklund
John Hanson
Bryan Brutto
Kevin Dernpter
Eri c Derr
Drew Burghardt
Chris Kennedy
26 Middle Springs Avenue
Shippensburg, P A 17257
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
NOTICE
Pursuant to PaRC.P, 236, you are hereby notified that a JUDGMENT BY DEFAULT
has been entered against you in the above proceeding.
1638641
Pro,~~
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT
TO THE PROTHONOTARY:
Please enter Judgment of Default in favor of Plaintiff, Shippensburg University
Foundation, and against Defendants, Brian Powell, Emmett Mauer, Alex Marklund,
John Hanson, Bryan Brutto, Kevin Dempter, Eric Derr, Drew Burghardt, and Chris Kennedy,
for Defendants' failure to plead to the Complaint in this action within the required time. The
Complaint contains a Notice to Defend within twenty days from the date of service thereof.
Defendants were served with the Complaint on April12, 2006, and Defendants' Answer was due
to be filed on May 2, 2006. Attached as Exhibit "A" is a copy of the Sheriffs proof of service of
the Complaint, and a copy of the Notice to Defend.
Attached as Exhibit "B" is a copy of Plaintiffs written Important Notice as required by
Rule 237.1(a)(2) and in the form contained in Rule 237.5, of the Plaintiff's intention to file a
Praecipe for Entry of a Default Judgment, which I certify was mailed by certified mail, return
receipt requested to the Defendants at their last known address on May 9,2006, which is at least
ten days prior to the filing of this Praecipe.
,
~.y
Please assess damages in the amount of$19,926.70 as requested in the Complaint, costs
of this action in the amount of$314.29, and attorneys' fees in the amount of $924.90 for a total
of$21,165.89, plus additional rent, plus additional late fees, plus additional costs and attorneys'
fees, plus judgment interest,
BARLEY SNYDER
Dated:
~/7.,{ 0 V
By:
ft~{"
Michael J. Connor, Esquire
Attorney for Plaintiff
247 Lincoln Way East
Chambersburg, P A 17201
(717) 264-6494
Court J.D. No. 75927
1638855
SHERIFF'S RETURN - REGULA~
,CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
POWELL BRIAN
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND, ADULT IN CHARGE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
17.60
1. 95
10.00
.00
47.55
,~~~~
R. Thomas Kline
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
Sworn and Subscribed to before
By:
~D#
day of
Deputy Sheriff
me this
A.D.
Prothonotary
SHERIFF'S RETuRN - REGULAR
. CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
MAUER EMMETT
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND, ADULT IN CHARGE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
..~9?~"'k[~
r '" ,
R. Thomas Kline
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
me this
day of
By: ~DL'/
Deputy Sheriff
Sworn and Subscribed to before
A.D.
Prothonotary
SHERIFF'S RETURN - K~GULAK
. CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
MARKLUND ALEX
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
-;>' A.r"~,:I;'*l(
~:07 ~:-'~',-~';;o.,.,,!,"/::.i' ~_/~.-r;~'9'rd
7- ";J>I",.,.,;?'-, '-"-"'-'-"'- ".l' ~
R. Tnomas Kline
0'1/28/2006
SHIPPENSBURG UNIV FOUNDATION
Sworn and Subscribed to before
me this
day of
By: ~E:/4/
Deputy Sheriff
A.D.
Prothonotary
SHERIFF'S RETURN - REGULAX
. CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
HANSON JOHN
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
JOHN HANSON
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:." d"'"
.~. ~.
.~q;t;""F~4<' " ~Vf-<,..."
R. Thomas Kline
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
me this
day of
By: aa- Dd
Deputy Sheriff
Sworn and Subscribed to before
A.D.
Prothonotary
SHERIFF'S RETURN - ~~GULA~
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
BRUTTO BRYAN
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND, ADULT IN CHARGE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
~~'..~;';~S:':~::'~~~{;f~;C
l' .. ,-
R. Thomas Kline
. ~" ,.<,.
/;~"-h"'"....
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l
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
Sworn and Subscribed to before
By:
~C2;::/
Deputy Sheriff
me this
day of
A.D.
Prothonotary
SHERIFF'S RETURN - REGULA~
. CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
DEMPTER KEVIN
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND, ADULT IN CHARGE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
~flt{~~~~
R. Thomas Kline
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
day of
By: ~~~
Deputy Sheriff
Sworn and Subscribed to before
me this
A.D.
Prothonotary
SHERIFF'S RETURN - R~GULAR
. CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
DERR ERIC
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND, ADULT IN CHARGE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
__-.:;;;::P'~".
f
R. Thomas Kline
~J'
"
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
Sworn and Subscribed to before
By:
~cr;&::/
me this
day of
Deputy Sheriff
A.D.
Prothonotary
SHERIFF'S RETURN - REGULAR
.CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
BURGHARDT DREW
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND, ADULT IN CHARGE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
/*~=CZ<A~-'
'f /
R. Thomas Kline
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
Sworn and Subscribed to before
By:
~.E~
Deputy Sheriff
me this
day of
A.D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
KENNEDY CHRI S
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
CHRIS KENNEDY
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
, //
"~,"''',jZ
...',.f~
';,'_"0;"', ,.1-_","
i
6.00
.00
.00
10.00
.00
16.00
~;~".. <,I~-<:~~,>'~:-,.-:."
? ~?;p"..
R. Thomas Kline
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
me this
day of
By: ~r""2:;/
Deputy Sheriff
Sworn and Subscribed to before
A.D.
Prothonotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. ()~ - jqf~
C;u~L ~~
""-,
(!
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NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so, the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3 I 66
(800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office, All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
'"
; ~,~:.,:;.
~
~:i~~ 12,":/
~.~.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brotto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
IMPORTANT NOTICE
TO: Brian Powell
26 Middle Springs Avenue
Shippensburg, P A ] 7257
DATE OF NOTICE: MAY 9, 2006
YOU ARE IN DEF AUL T BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RlGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LA WYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PAl 70 I3
Telephone: (717) 249-3166 or (800) 990-9108
Dated: MA1 ~ t 200&
FIRST CLASS U.S. MAIL, POSTAGE PREPAID
)626446
BARLEY SNYDER, LLC
BYMich!,1i~Lf
Attorney for Plaintiff
247 Lincoln Way East
Chambersburg, P A 17201
(717) 264-6494
J.D. No. 75927
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
IMPORTANT NOTICE
TO: Emmett Mauer
26 Middle Springs Avenue
Shippensburg, P A 17257
DATE OF NOTICE: MAY 9, 2006
YOU ARE IN DEF AUL T BECAUSE YOU HAVE F AlLED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlTING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (] 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE
ENTERED AGAINST YOU WlTHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
Telephone: (717) 249-3166 or (800) 990-9108
Dated:_MLj ct. I'lDOfr
FIRST CLASS U.S. MAIL, POSTAGE PREPAID
1626446
BARLEY SNYDER, LLC
MtcLAT t
By:
Michael J, Connor, Esquire
Attorney for Plaintiff
247 Lincoln Way East
Chambersburg, PA 1720]
(717) 264-6494
I.D. No. 75927
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
IMPORT ANT NOTICE
TO: Alex Marklund
26 Middle Springs Avenue
Shippensburg, P A ] 7257
DATE OF NOTICE: MAY 9, 2006
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (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 IMPORTANT RlGHTS, YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT
ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
Telephone: (717) 249-3166 or (800) 990-9108
Dated: M.6.~ ", l.ODV
FIRST CLASS U.S. MAIL, POSTAGE PREPAID
1626446
BARLEY SNYDER, LLC
By: !h;U;! i-
Michael J. Connor, Esqrtire
Attorney for Plaintiff
247 Lincoln Way East
Chambersburg, PA 17201
(717) 264-6494
I.D. No. 75927
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippenshurg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dernpter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kermedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
IMPORTANT NOTICE
TO: John Hanson
26 Middle Springs Avenue
Shippenshurg, PA 17257
DATE OF NOTICE: MAY 9,2006
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3] 66 or (800) 990-9108
Dated: M~ ~ I t()6lc
FIRST CLASS U.S. MAIL, POSTAGE PREPAID
1626446
BARLEY SNYDER, LLC
By: jiM T L_
Michael J. Connor, Esquire
Attorney fOT Plaintiff
247 Lincoln Way East
Chamhershurg, PA 1720]
(717) 264-6494
J.D. No. 75927
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs,
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
IMPORTANT NOTICE
TO: Bryan Brutto
26 Middle Springs Avenue
Shippensburg, P A 17257
DATE OF NOTICE: MAY 9, 2006
YOU ARE IN DEFAULT BECAUSE YOU HA VE FAILED TO ENTER A WRlTTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlTING 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT
ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
Telephone: (717) 249-3166 or (800) 990-9108
Dated: f1~ 1, 1L>oCr
BARLEY SNYDER, LLC
By: 11M;:: I
Michael J. Connor, E~quire
Attorney for Plaintiff
247 Lincoln Way East
Charnbersburg, P A 1720 I
(717) 264-6494
J.D. No. 75927
1626446
FIRST CLASS U.S. MAIL, POSTAGE PREPAID
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Mark1und, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dernpter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
IMPORTANT NOTICE
TO: Kevin Dernpter
26 Middle Springs Avenue
Shippensburg, P A ] 7257
DATE OF NOTICE: MAY 9,2006
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRlTTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlTING 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 IMPORTANT RlGHTS. YOU SHOULD TAKE TH]S NOTICE TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A ] 7013
Telephone: (7]7) 249-3166 or (800) 990-9108
Dated: H ~ ~: 'U;O (,
BARLEY SNYDER, LLC
By: ~tLA;: i
Michael J. Connor, Esquire
Attorney for Plaintiff
247 Lincoln Way East
Chambersburg, PA 17201
(7] 7) 264-6494
].D. No. 75927
J 626446
FIRST CLASS U.S. MA]L, POSTAGE PREPAID
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-]982 Civil Term
IMPORT ANT NOTICE
TO: Eric Derr
26 Middle Springs Avenue
Shippensburg, P A ] 7257
DATE OF NOTICE: MAY 9, 2006
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST you. UNLESS
YOU ACT WITHIN TEN (I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RJGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT
ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFF]CE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
Telephone: (717) 249-3166 or (800) 990-9108
Dated: jJ\~ 11 2/)D~
BARLEY SNYDER, LLC
By: JAM::r t
I
Michael J. Connor, Esquire
Attorney for Plaintiff
247 Lincoln Way East
Chambersburg, PA ]720]
(717) 264-6494
J.D. No. 75927
1626446
FIRST CLASS U.S. MAIL, POST AGE PREPAID
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V AN]A
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Den,
Hemy Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-]982 Civil Term
IMPORTANT NOTICE
TO: Drew Burghardt
26 Middle Springs Avenue
Shippensburg, P A 17257
DATE OF NOT]CE: MAY 9,2006
YOU ARE IN DEF AUL T BECAUSE YOU HAVE F A]LED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND F]LE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WlTHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE TH]S NOTICE TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A ] 7013
Telephone: (717) 249-3166 or (800) 990-9108
Dated: MtA-j t\ ( WDlt
BARLEY SNYDER, LLC
By: ;AM r I
Michael J. Connor, Esquire
Attorney for Plaintiff
247 Lincoln Way East
Chambersburg, PAl 720 I
(7]7) 264-6494
J.D. No. 75927
1626446
FIRST CLASS U,S. MA]L, POSTAGE PREPAID
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
IMPORTANT NOTICE
TO: Chris Kennedy
26 Middle Springs A venue
Shippensburg, PA 17257
DATE OF NOTICE: MAY 9. 2006
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RlGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166 or (800) 990-9108
Dated: M"j q I lop ff
BARLEY SNYDER, LLC
By: #4tL\ r- L
Michael J. Connor, Esquire
Attorney for Plaintiff
247 Lincoln Way East
Chambersburg, PA 17201
(717) 264-6494
J.D. No, 75927
1626446
FIRST CLASS U,S. MAIL, POSTAGE PREP AID
~
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
. .
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
WOLFE JOHN
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within COMPLT EJECTMENT/MONEY DA
On April
28th , 2006 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep York County
6.00
9.00
10.00
37.24
.00
62.24
04/28/2006
SHIPSkSBURG UNIV FOUNDATION
5/J'111J1.
and su~scribed to before me
:~~
R. Thomas Kl ..
Sheriff of Cumberland County
Sworn
this
day of
A.D.
Prothonotary
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-01982 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ' ,
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
NACE HENRY
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - EJECTMENT
MONEY DAMAGES
, NOT FOUND , as to
the within named DEFENDANT
, NACE HENRY
26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
PER POST OFFICE, DEFENDANT'S ADDRESS IS
203 CAMINO REAL MARATHON, FL 33050.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
.00
5.00
10.00
.00
21.00 SHIPPENSBURG UNIV FOUNDATION
04/28/2006
51/Cf/D/. n
stibscribed~before me
~~~
R. Thomas Kline
Sheriff of Cumberland County
Sworn and
this
day of
A.D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
BURGHARDT DREW
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND, ADULT IN CHARGE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
.~~:~
R. Thomas Kline
5"L/~/D (,
Sworn and Subscribed
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
t~efore By:
~~~
Deputy Sheriff
me this
day of
A.D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
KENNEDY CHRIS
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
CHRIS KENNEDY
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
5/1~/D"
Sworn and Subscribed
6.00
.00
.00
10.00
.00
16.00
~
to before
So Answers:
~,<'"/) /' __/' /r~d
--r ~"'-?^M<::t'~ f .~
R. Thomas Kline
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
day of
By: ~F"'"2:;/'
Deputy Sheriff
me this
A.D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
POWELL BRIAN
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND, ADULT IN CHARGE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
17.60
1. 95
10.00
.00
47.55
.r-fJ?~J~~-'
R. Thomas Kline
Sworn and SUb~Jt~bed ~efore
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
By:
~D#
me this
day of
Deputy Sheriff
A.D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
MAUER EMMETT
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND, ADULT IN CHARGE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
Sworn and
6.00
.00
.00
10.00
.00
16.00
4/qj64 0-
Subscribed to before
.r"~.c~
R. Thomas Kline
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
me this
day of
By: ~Dz:?
Deputy Sheriff
A.D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
MARKLUND ALEX
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
.. ~~
r~'fr)~~e;,~.! ~
R. Tnomas Kline
1/1~/b/'
Sworn and Subscribed
Q-v
to before
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
me this
day of
By: c:i!.k2:/4/
Deputy Sheriff
A.D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
HANSON JOHN
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
JOHN HANSON
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sworn and
6.00
.00
.00
10.00
.00
16.00
5j1,,/6/, 9--
Subscribed to before
So Answers:
.r'~~d!~~
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
R. Thomas Kline
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
me this
day of
By: ~Dd
Deputy Sheriff
A.D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
BRUTTO BRYAN
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND, ADULT IN CHARGE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
4t'l/bl.
Sworn and Subscribed
6.00
.00
.00
10.00
.00
16.00
~J-
So Answers:
.,. ,/ / ,".'''Y
,~ r''', ....:;..' /'1:1~' .
~ (..,..{,tf::.,....vp#': .....,~( v,...~.<""I;.~~"f'
.or /?~ .,.---'- l --
R. Thomas Kline
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
to before
By:
/~C2:/
Deputy Sheriff
me this
day of
A.D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
DEMPTER KEVIN
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND, ADULT IN CHARGE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
Sworn and
6.00
.00
.00
10.00
.00
16.00
s'/N!OI- ~
Subscribed to Defore
,.r"~~
R. Thomas Kline
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
me this
day of
By: ~r7~
Deputy Sheriff
A.D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIPPENSBURG UNIV FOUNDATION
VS
POWELL BRIAN ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
DERR ERIC
the
DEFENDANT
, at 1315:00 HOURS, on the 12th day of April
, 2006
at 26 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257
by handing to
ALEX MARKLAND, ADULT IN CHARGE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
"/19/44 ~
Sworn and Subscribed to before
So Answers:
,~"af:':~:-~';"""". . ~ / fi ~
.r ......./&.~r#J.#'..~,/~
R. Thomas Kline
04/28/2006
SHIPPENSBURG UNIV FOUNDATION
By: ~~):;:/
me this
day of
Deputy Sheriff
A.D.
Prothonotary
-
. ;
...
..-,
COUNTY OF YORK
OFFICE OF THE SHERIFF
.
SERVICE CALL
(717) 771-9601
4S N. GEORGE ST., YGRK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1 PLAINTIFF/Sf 2 COURT NUMBER
Shippensolrg University Foundation 06-1982 civil
3 DEFENDANT/SI 'N6ffc~T'FJl(~cra"~~T - EJec1n1ent
Brian Powell et a1 and Money Damages C I E J
5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLO
John Wolfe
6 ADDRESS (STREET OR RFC WITH BOX NUMElER. APT NO., CITY. BORe. lVv'P., STATE AND ZIP CODE)
16 Shetland Drive Shrewsbury, PA 17361
7. INDICATE SERVICE CI PERSONAL IJ PERSON IN CHARGE 11 DEPUTIZE
April 7, 2006 ,20_ I. SHERIFF OF
York COUNTY to execute thi
to law. This deputization being made at the request and risk of the plaintiff ,
SERVE
..
AT
{
NOW
(J , ST CLASS MAIL
U POSTED
U OTHER
8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING sE8\!:1<tE 0 F
ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF
Please mail return of service to CUnber1and County Sheriff.
Thank you.
,
NOTE: ONlY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy she"" le~ing upon Of attaching any property under within writ may lealle same
wiIhout a watdwnan, in custody of whomever is found in possession. after notifying person of levy Of attachment. without liability on (he part of such deputy or the sheriff to any plaintiff /
herein for any lou, destruction, or removal of any property before sheliff's sale thereof
g, TYPE NAME ond AOORESS 01 ATTORNEY I ORIGINATOR and SIGNATUREM I C HA EL J. CON N OR, ESq .10. TELEPHONE NUMBER " DATEFILED
247 LINCOLN WAY EAST, CHAMBERSBURG, PA 17201 717-264-6494 4/6/2006
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (ThIS area must be GOmplered ;r notice is 10 be mailed>
CUMBERLAND COUNTY SHERIFF
13. l~receiptofthewrit
or complaint.. indicated above.
MJ MCGILL YCSO
15. Expirltion/H..ring Date
5/6/2006
'6. HOW SERVED PERSONAL'Q( RESIDENCE ~ POSTED ( I PDE ( I SHERIFF'S OFFICE ( I OTHER (
17 0 I heI'eby certify and return I NOT FOUND beCause J am unable to locale the individual, company, etc. named above. (See relTllrks below.)
18. NAME ANOTITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF" NOT SHOV\IN ABOVE (Relationship to Defendant) 19.
tJ.
SEE REMARKS snow
22. REMARKS:
23. Advance Costs
NOTARIAL SEAL
LISA L. BOWMAN, NOTARY PUBLIC
MY C MMISSION EXPIRESAUG,
Sheriff
41. AFflRMEOancl subscribed to betor
.2.9yo/ Apri~~~ti'
so. 'ACKNOY<A.E
Of' AUTHORIZED ISSUING AUTHORITY AND TITLE
,. WHITE - 1uumg Authority 2. PINK - Attomey 3. CANARY. Sheriff', Office ". BlUE - Shenft's Office
51, DATE RECEIVED
~-
> '-'"~,,.. .-'" ,"...'._~.~.".~-,". ----~:_-"'--
..
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
ORDER TO MARK JUDGMENT SATISFIED
To the Prothonotary:
Mark the judgment in the above-captioned matter satisfied of record upon payment of
your costs only.
Dated: to ( l1 \ '2oo~
1728184
By:
Michael J. Connor, E quire
Attorney for Plaintiff
247 Lincoln Way East
Chambersburg, P A ] 7201
(717) 264-6494
LD. No. 75927
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:-<: ~. ;x:.. I::rl
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,.. (I (Sm
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~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Shippensburg University Foundation,
Plaintiff,
vs.
Brian Powell, Emmett Mauer,
Alex Marklund, John Wolfe,
John Hanson, Bryan Brutto,
Kevin Dempter, Eric Derr,
Henry Nace, Drew Burghardt,
and Chris Kennedy,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action - Law
No. 06-1982 Civil Term
ORDER TO MARK JUDGMENT SATISFIED
To the Prothonotary:
Mark the judgment in the above-captioned matter satisfied of record upon payment of
your costs only.
Dated: to ( l'1 \ '2004
1728184
BARLEY SNYDER, LLC
By: 1?t.Mr !--
MichaelJ. Connor,E/quire
Attorney for Plaintiff
247 Lincoln Way East
Chambersburg, P A 17201
(717) 264-6494
LD. No. 75927
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