HomeMy WebLinkAbout00-03405
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KOLLAS AND COSTOPOULOS,
t/a REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiff
v,
DAVID STILL, and
PAMELA KILLINGER,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO, 00-3405
:CIVIL ACTION-LAW
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 HA VB 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 Lawyer Referral Service
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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KOLLAS AND COSTOPOULOS,
t/a REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO, 00-3405
v,
DAVID STILL, and
PAMELA KILLINGER,
Defendants
:CIVIL ACTION-LAW
COMPLAINT
AND NOW comes the Plaintiff, Kollas and Costopoulos, t/a Regency Woods North
Mobile Home Park, by and through its counsel, Kollas and Kennedy, and respectfully represents
as follows in support of this Complaint:
L Kollas and Costopoulos is a Pennsylvania partnership, comprised of William C.
Kollas and William C. Costopoulos, whose principal place of business is 1104 Fernwood Avenue,
Camp Hill, Pennsylvania 170ll, and is the Plaintiff herein,
2, David Still is an adult individual residing at 145 Youngs Church Road, Shermans
Dale, Pennsylvania 17090, and is a Defendant herein,
3, Pamela Killinger is an adult individual residing at 60 West Pompfret Street,
Carlisle, Pennsylvania 17013, and is a Defendant herein,
4, On October 31, 1994, the Plaintiff entered into a lease with Defendants; a copy of
said lease is attached hereto as Exhibit "A"
5, The Defendants have breached said lease by failing to pay rent for the months of
January in the amount of $260,00, February in the amount of$270,00, March in the amount of
$210,00, April in the amount of $270,00, May in the amount of $270,00, June in the amount of
$245,00; and it is anticipated that Defendants shall fail to pay rent in the future in the amount of
$245,00 each month, In addition, under the terms of the lease, there are late charges in the
amount of$150,00 and attorney's fees in the amount of fifteen percent (15%) of the amount
owed,
6, Plaintiff properly posted and sent notification to the Defendants setting forth
Defendants' failure to pay rent and late charges as per the lease and the rules and regulations,
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7, The case was heard before District Justice Susan K Day, and judgment was
entered in favor of Plaintiff on May 26, 2000,
8, On June 2, 2000, Defendant David Still appealed to this Court A true and correct
copy of that appeal is attached hereto as Exhibit "B," Defendant Pamela Killinger has not
appealed,
9, Plaintiff received service of the appeal through the mail on June 12, 2000,
10, As ofJune 15, 2000, Defendants owed Plaintiff$2,102,13,
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant judgment in
Plaintiffs favor for payment of the sum of$161O,00 for rent, $150,00 for late fees, $241.50 for
legal fees, and $100,63 for costs, for a total of $2,102, 13 together with additional costs and
damages as this Honorable Court sees fit . Additionally, Plaintiff respectfully requests that it
receive the sum of $245,00 per month from the time of filing this Complaint for future rents and
costs associated therewith, The Plaintiff also respectfully requests possession of the premises,
RESPECTFULLY SUBMITTED:
KOLLAS AND KENNEDY
~&---
ames W, Kollas, Esquire
Supreme Court ill 81959
Kollas and Kennedy
1104 Femwood Avenue, Suite 104
Camp Hill, PA 17011
(717) 731-1600
ATTORNEY FOR PLAINTIFF
DATED: June 21,2000
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RBGB!lCY NORTH MOBILE BOlli! PARK
7099 CARLISLE PIKE
CARLISLE, PENNSYLVANIA 17013
PHONE: 766-1771 /30 ;V
tOT NUMBER
MADE 1'HIS '-? I ,.,.-
~_OAY OF
COSTOPOULOS, LESSOR AND
I.EASE AGREEIIENT
C;:d~:"~_, 19 9'7/ , BY AND BETWEEN KOLI,AS AND
4/~ J~ + ~~ YrJt77b1/
LESSEE.
Whereas, Lessor Owns and operates a mobile home k i h'
to occupy a mobile home site. par n w 1ch Lessee desires
NOW THIS AGREEMENT WITNESSETH, that the parties hereto
ohf the mutual covenants contained herein, and intendin~
ereby agree as follows;
for and in consideration
to be legally bound
1. The rent shall be $ 236. ~er month, payable on the first
day of each month.
2. ~iS Lease shall be for a term of one month, commencing on
th~rst day of ~, ,19~, and terminate on the last day of
~. , q~, provided that a holding over by the tenant may be
c~ns rued by the Lessor, at his option, as a renewal of this Lease for another
l~ke term and condition of this Lease.
3. Occupants, Tenant and Landlord agree the following persons
and no other will occupy the leased premises.
NAME
.d?~
(Ja-..d.&Z..
AGE
~~~d' J-G(7) 30-
~/7/& ~) o"}
4. Tenants shall, upon execution of this Lease, deposit with
Landlord as security for th~ performance of all the terms, covenants, and
conditions of this Lease, a sum in the amount of one month's rent, to be retained
by the Landlord until the end of the original term and any e,xtended te'rms of
this Lease. Upon termination of this Lease, by default or otherwise, the
security deposit shall be returned to tenant, less any charge for damage to the
leased premises, rent arrearages, or charges treated as rent arrearages.
Tenant agrees to leave a forwarding address witb the Landlord upon vacation
of the leased premises to facilitate the return of the security deposit as
above set forth.
5. The Lessee aqrees to and shall sve, hold and keep harmless
and indemnify the Lessor from and for any and all payments, expenses, costs,
attorneys fees and from and for any and all claims and liabilities for losses
or damage to property or injuries to persons occasioned wholly or in part by
or resulting from any act or ommissions by the Lessee or the Lessee's guests,
licensees, invitees, or for any cause or reason whatsoever arising out of or by
reason of occupancy by the Lessee.
6. If the demised premises shall be taken under eminent domain or
condemnation proceedings, or if the Lessor conveys the,said pre~i5es to ~ny
governmental authorities seeking to take the said prem~ses, 0: Lf.there LS a
change in the use of the park land, or parts thereof, or term1~at~on of the
park then this Lease at the option of the Lessor, shall termLnate and the
term'hereof shall end'as such date as the Lessor shall fix by notice. Lessee
shall have no claim or interest in the compensation received by Lessor for
such taking.
7. If the Lessee shall fail to comply with any conditions and
covenants hereof, the [,essor may perfrorm such conditions and covenants, at
the cost and expense of the Lessee, and the said costs and expenses shall be
added to the next installment of rent and shall be payable as such.
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8. The Lessee agrees that the Lessor d h '
~~g*Ol~:Ss~fdO~~:~i~:~~~~~~I:~t~es~fSh~lllhave ~he ~i9h~ :oL:~:~; ~n~~e;~~,
or any part thereof at all reas~n blt ~ at wh~ch ~s the subJect of th1S Lease
the same or Makin ' a e ours, for the purpose of examining
for th 9 such repair or alterations therein as may be necessary
e safety and preservation thereof. This clause shall not be deemed to be
covenant by the Lessor nor be construed to create an obliqation on the part
of the Lessor to make such inspection or repairs.
',. 9 ~ All goods and personal property of any kind in or upon the
leased prem1ses shall be the sole responsibility of the Lessee, and in no
event shall Lessor be liable for any loss or damage to said goods or property
for any reason whatsoever.
. ' . 10. ~he Lessee shall take good care of the premises and shall
malnta1n t~e p~em1ses in good condition~ and upon vacating the premises, either
at t~e eX~1rat1on of the term or for any reasons, shall deliver the rented
prem1ses 1n good order and condition, wear and tear from a reasonable use
thereof" and damage by the elements not resulting from neglect or fault of
the Lessee excepted. The Lessee shall neither encumber nor obstruct the
sidewalks, driveways or yards, but shall keep and maintain the same in a
clean condition, free from debris, trash, refuse, snow or ice. Lessee
further agrees to maintain the premises so that grass or other ground cover,
excluding shrubs, trees and flowers, shall not be permitted to exceed three
inches in height.
11. The Lessee may not sublet the premises or any portion or
part thereof. The Lessee may sell the mobile home belonging to the Lessee,
but, following the sale, if the mobile is to remain in the park with a new
owner, written approval of the new Lessee is reauired, and this approval must
be obtained prior to sale~
12. Lessor shall not be liable for failure to give possession of
the leased premises to the Lessee upon the effective date of this Lease.
In such event, rental payment and other fees, charges or assessments shall not
commence until possession is given to, or is made available to the Lessee, and
the term of the Lease shall be extended accordingly.
13. Any equipment, fixtures, goods or other property of the
Lessee not removed by -the Lessee upon quitting, vacating or abondment of the
premises by the Lessee, or upon the Lessee's eviction, shall be considered as
abandoned and the Lessor shall have the right, witnout notice to the Lessee,
to sell or otherwise-dispose of the same at the expense of the Lessee and
shall not be accountable t~ the Lessee for any part of the proceeds of the
sale, if any.
14. The Lessor shall not be liable for any damage or injury
which may be sustained by the Lessee or any other persons, as a consequence of
the failure, breakage, leakage or obstruction of the water, sewer, waste, or
soil pipes, or the electrical, gas or oil system; or by reason of the elements;
or resulting from the carelessness, negligence or improper conduct on the part
of any other Lessee or the Lessor or the Lessor's or this or any other Lessee's
agents, guests, licensees, invitees, sublessess, assignees or sUccessors~ or
attributable to any interference with, interruption of or failure, beyond the
control of the Lessor, of any services to be furnished or supplied by the Lessor.
15. The various rights and remedies of the Lessor expressed herein
are cumulative, and the failure of the Lessor to enforce any such right or remed}
at any time against the Lessee shall not constitute a waiver thereof_
16. Lessee shall pay all county, municipal and school district
real estate taxes assessed and levied against his home and personal property,
and shall furnish Lessor, when requested, with proof of payment of same.
Failure to-pay such taxes, when due shall be a violation of the Lease, rules,
or regulations, if any, and constitute default thereunder.
17. The Lessee hereby confesses judgement in favor of the said
Lessor for the whole amount of the rent at any time remaining unpaid, and any
other charges incurred hereunder, whether the same shall have been d~e or not,
waiving a stay of execution, inquisition and all exemption laws now 10 force or
~hich may hereafter be passed, and authorizes the adding of Fifteen (15%) per
cent attorney's commission for the collection; and further does hereby, upon
breach of any of the conditions of this Lease, inclUding non-payment of rent or
violation of rules and re9ulations, if any, authorize any attorney of any
court of record to appear for him and enter an amicable action of ejectment and
confess a judgement of ejectment therein for the premises herein described and
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~oes authorize the imm d' t ' ,
. . e ~a e IssuIng of a writ of possession and execution for
cost wlthou~ askln~ leave of the Court. A photocopy of the Lease may be used
f~r confes~lon of Judgement for unpaid rent, of for confession of judgement in
eJectmen~. Such remedles shall be cumulative, and not alternative, and may be
re-exerc~sed as necessary.
18. The Lessee shall conform to all rules and regulations made by
the Lessor for the use and government and management of this mobile home park
to protect the entire premises of the Lessor and to further the general
comfort and welfare of all of the occupants, which rules and regulations, and
any ~hanges thereto hereafter adopted, are attached hereto and incorporated
here~n or reference, and made a part hereof, and are covenants and conditions
o~ this ~ease, the same as if fully set forth herein. Lessor shall furnish
w~th.not~ce of all Changes in said rules and regulations. Lessee acknowledges
rece~pt of a copy of such regulations concurrent with execution of this Lease.
19. If proceedings shall be commences by Landlord to recover
possession under ~Ct5 of Assembly, either at the end of the term or sooner
terminations of this Lease, or for nonpayment of rent, or for any other reason
Tenant specifically waives the right to fifteen or thirty days' notice
required by Act of Assembly of ApriI 28, 1983~ P.L. 202, and agrees that five
days' notice shall be sufficient in either or any such case.
20. The Lease, and the aforesaid rU~es and regulations. constitute
the entire agreement between the parties and same is not subject to any oral
modification. Further, this agreement shall be legally binding upon the parties
hereto, and their respective heirs, successors and assigns. If any information
provided by the Lessee, whether by way of background, financial or otherwise
which has induced the Lessor to enter into this Lease, is found by the Lessor
to be false, the Lease shall, at the option of the Lessor and upon notice
to the Lessee, be null and void and the Lessee shall be considered a tresspasser.
21. Lessor may from time to time modify, change or revoke rules for
the mobile home park and upon notice to the tenant, these rules shall be incor-
porated herein with the same force and effect as though they were in force at
the time this Lease was executed.
22. Lessee agrees that he has read this Lease Agreement, under-
,stands its terms and the rules and regulations of the mobile home park and
agrees to be bound thereby.
THE TENANT MUST GIVE AT LEAST 30 OAYS NOTICE IN WRITING PRIOR
TO MOVING. IT IS THE RESPONSIBILITY OF THE TENANT TO PROVIDE MANAGEMENT WITH
ALL NECESSARY COMPLETED STATE OR LOCAL GOVERNMENT FORMS.
hand and
IN WITNESS WHEREOF, the parties hereto have hereunder set their
seals the day and year first above written.
B~~bA~
A T FOR L~LN&-
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DISCLOSURE FOR CONFESSIONS OF JUDGEMENT
I AM (WE ARE) SIGNING, THIS
'G'J
DA'i OF ('"")ro-fnL1e?r
19~~ A LEASE FOR A MOBILE HOME SITE AT LOT NO. J"':?n
AT REGENCY NORTH
MOBILE HOME PARK FOR AN INITIAL TERM OF ONE MONTH, AND MONTH TO MONTH THERE-
OBLIGATE MB (US) TO A MONTHLY RENTAL OBLIGATION OF
AFTER, WHICH WILL
$ 0930, 00
EACH, PAYABLE .IN ADVANCE.
INrrmS!@.J\ y~
A REPRESENTATIVE OF REGENCY NORTH MOeILE HOME PARK HAS EXPLAINED
TO ME (US) THAT THE LEASE CONTAINS WORDLNG THAT WOULD PERMIT THE LANDLORD
TO ENTER JUDGEMENT AGAINST ME (US) AT THE COURTHOUSE FOR (1) THE ENTIRE UNPAID
BALANCE OF THE RENTAL OBLIGATIONS OF THE LEASE IN THE EVENT THAT I (WE) ARE
IN DEFAULT IN THE PAYMENT OF ANY IN~TALLMENTS OF RENT OR ANY OTHER SUMS DUE
THE LANDLORD UNDER THE LEASE THAT REMA~N UNPAID, AN/OR (2) IMMEDIATE
REPOSSESSION OF THE MOBILE HOME SITE PREMISES, IN THE EVENT THAT I (WE) BREAK
OR EVADE ANY OF THE COVENANTS OR CONDITIONS OF THE LEASE, WITHOUT THE RIGHT
TO HAVE PREJUDGMENT NOTICE AND HEARI'NG ~ WITHOUT THE RIGHT TO HAVE THE BURDEN
OF PROOF ON THE OWNERS. AND WITHOUT THE RIGHT TO AVOID THE EXPENSE OF OPENING
OR STRIKING A CONFESSED JUDGEMENT, AND THAT THE JUDGEMENT MAY BE COLLECTED AND
ENFORCED BY' ,ANY LEGAL MEANS. " x-l/t (J /-::J
INITIALS:~ {/LU:..-
IN SIG~ING THE LEASE, I AM (WE nRE) KNOWINGLY, UNDERSTANDINGLY
AND VOLUNTAR~LY WAIVING MY (OUR) RIGHTS TO RESIST THB ENTRY OF JUDGEMENT
'.AGAINST ME (US) AT THE COURTHOUSE, AND AM (ARE) CONSENTING TO THE CONFESSIONS
OF JUDGEMENT. ~() ,.Q/
INITIALS" ~~r \;lbT!<-
CERTIFY THAT MY (OUR) ANNUAL INCOME EXCEEDS (IS
BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I
IT. AND THAT I (WE) RECEIVED A COPY AT THE TXME
:t (WE)
$10,000.00, THAT THE
INITIALED AND SIGNED
SIGNING.
LESS
(WE)
OF
THAN)
E HAVE RECEIVED A COPY OF
OME PARK INCLUDING A COPY
ONE MA~ BE EVICTED.
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RULES AND REGULATIONS OF REGENCY NORTH M06ILE
OF PA. ACT NO 261 RELATING TO THE REASONS
(SEAL)
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. C~__lnOfPINN5TLVANIA
COUU Of COMMON PLIAS
Ct1JCRlZIf~_aMO COO.lft
lIiath JUDICIAL DlSTRICY
NOTICE OF APPEAL
fIIOM
DISTRICT JUSTICE JUDGMENT
COMMON.LIAS.... 00 - .]'10$ (2:-, f
, " ;NOTICE OF APPEAL
Notice is given that the appe!ll:utt has fi1ed in the above Co;n 'Of Common Pleas an appeal from the judgment rvndered bY the District Justice on the
_ ancHn tho case -'">nod bekMt -, , "
==. IlAVID..S'l'ILL .
145 '1'011II98 Church Road
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Zl'CODE
Sherlllal18 D81e
1190
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23
2000
~ Ds9id Still , ....la Killia er
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This block will be signed ONLY, when. -this e ." _ .' is required undel: Pet.- R.€
10088. . '): to; . ~~~~ "
Thio Natice af Appea\ wheri"~ b{:m&' lllstrictJuslke, ..II _ as a
~. SUPERSEDEAS 10 the judgment for; ~":thiS case. .' ~:' ,_~ .
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PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
ant was CLAIMANT (see Pa. RCP.J,P' No,
, 1001 (6) in action before District JustIce, he MUST
FILE A COMPLAINT within 1wenIy' (20) days after
filing his NOTICE of APPEAL.
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(This section 01 tonn to be used ONLY when """",/ant was DEFENDANT (see Pa RC,P.J.P. No, 1001(7) In action before DJsirict Justlce.
IF NOT USED, _ from copy of notice of appeal to be served upon """"lIee),
PRAECIPE. Ta Piothanotary
~ruleupan ReQeacv North M.H. P. .appelleels).lofileacamplaint,inthbappea!
. Nameolsppellee(s) . .' ',...,;." "If' .
<<--_~".,..,nG< C e...n>_,,~_......~, - 'afrule~sullerontrYaljlldgment", '.,' 'alnon,.....
" ,/ '/P-~
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RULE. Ta Regency North II.B.P. ,appeIIee(s), ,/ '
Name d eppe//fIe(sJ
,
11) You... naHfied that a ",Ie is henIIsy...-...l upan ~ Ia file ac:amplaint in thb appeal vfflhln iwonty (20) days _,tho date al
service of flUs rule l4Xl" you by peI'SCW'ICIl service or by certified or registered mail ." .
(2) W ~ cia nat file a campIa;n1 within this Hme. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
Date:
(3) The dare of service of this rule if service was by mail is the date of mailing. .
JuDe ~. . ~2d.oO'" " -- ~O/l':c.
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EXHIBIT
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COPY TO BE SERVEO ON APPELLEE
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KOLLAS AND COSTOPOULOS,
t/a REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiff
v.
DAVID STILL, and
PAMELA KILLINGER,
Defendants
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:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO, 00-3405
: CIVIL ACTION-LAW
VERIFICATION
I, Lynde Renard, Manager of Regency Woods North Mobile Home Park for Kollas and
Costopoulos, verifY that the statements made in the foregoing Complaint are true and correct to
the best of my knowledge, information, and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa, C.SA 4904, relating to unsworn falsification to
authorities,
DATE: 6'/2 / Jo
B~d.~"'{
Lynde Renard
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CERTIFICATE OF SERVICE
I, Estreya Woodcock, of the Law Offices ofKollas and Kennedy, hereby certifY
that I have this 21 st day of June, 2000, served the foregoing PLAINTIFF'S COMPLAINT, by
depositing same in the United States First-Class mail, postage prepaid, addressed to the following:
Brad L. Griffie, Esquire
200 N, Hanover Street
Carlisle, PA 17013
Marcus A. McKnight, ill, Esquire
60 W, Pomfret Street
Carlisle, PA 17013
LAW OFFICE OF KOLLAS AND KENNEDY
BY:~~A-m
Estreya oodcock ~
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FilE COpy
Kolla & Costopoulos,
t/a Regency Woods North
Mobile Home Fark
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Flaintiff,
v.
CIVIL ACTION - LAW
David Still & Pamela Killinger
Defendant
NO. 00-3405 CIVIL
IN ARBITRATION
NOTICE OF ARBITRATION HEARING
Notice is hereby given that an Arbitration Hearing for the
above case has been scheduled for Thursday, November 9, 2000 at
9:00 a.m., 5th Floor Hearing Room, New Courthouse, Carlisle,
Pennsylvania.
PARTIES WISHING TO ARGUE LEGAL FOINTS WILL BE EXPECTED TO
HAVE COPIES OF CASES, STATUTES, ETC. WITH RELEVANT PORTIONS
HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL FRIOR TO OR
AT THE COMMENCEMENT OF THE HEARING.
ANY NOTICED PERSON REQUESTING A CHANGE OF HEARING DATE MUST
CONTACT ALL FERSONS AS TO AN AGREEABLE DATE, FROVIDE WRITTEN
NOTICES TO ALL PERSONS AND RESERVE PLACE OF HEARING.
Respec1J.~Y: JI/
~~ ck-.~
Hamilton C. Davis, Chairman
Board of Arbitrators
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Lauralee B. Baker, Esq.
Margolis & Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Bernard L. Coates, Jr., Esq.
4409 Front Street
Harrisburg, PA 17110
James W. Kollas (Attorney for Regency Woods North)
Kollas & Kennedy
1104 Fernwood Avenue, Suite 104
Camp Hill, FA 17011
Bradley L. Griffie, Esq.
Griffie & Associates
200 N. Hanover Street
Carlisle, FA 17013
(Attorney for David Still)
Marcus A. McKnight, III, Esq. (Atty for Pamela Killinger)
Irwin, McKnight & Hughes
60 W. Fomfret St.
Carlisle, PA 17013-3222
Prothonotary's Office
One Courthouse Square
Carlisle, PA 17013
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'COM!'AONWEALTH OF PENNSYLlfANIA
COURT OF CoMMON PLEAS
CUMBERLAND COUNTY
N in th JUDICIAL DISTRICT
NOTICE OF APPEAL
J
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 00- 3JjOS Cc:.L{
NOTICE OF APPEAL
Notice is given that the oppellant has filed in the above Court of Common Pleas an appeol from the judgment rendered by the District Justice on the
dote ond in the cose mentioned belOvi,
DAVID STILL
ADDRESS Of APPEllANT
CITY
I MAG. DIST. NQ O. NA,ME Of OJ,
09':'3-0:3
STAlE
ZIP CODE
NAME Of APP8iAM
145 Youngs Church Road
DATE Of JUDGMENT IN THE CASE OF (Pfaintiff)
Sherman D
Ma 23 2
ClAIM
(Defendant)
~ David Still & Famela K'llin
SIGNATURE OF APPELlANT R H ATTORNEY OR AGENT
CV 12
LT 12
This block will be signed ONLY when this notation is required under
1008.8. , ,"
This Notice of Appeal, when received by the District Justice, will operote as a
SUPERSEDEAS to thE, judgm~nt for possessio., in this case
(see Pa, ,R.GP,JP. No,
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL
Sig,nature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa, HG.P,J.P, No, 1001 (7) in action before District Justice,
IF NOT USED, detach from copy of notice of appeaf to be served upon appellee),
PRAECIPE: To Prothonotory
Enter rule upon R ~lJ~ n r" Y
1\To,th M H P
Name of appellee(s)
Cu': ( Te.u,) within twenty (20) days
,appellee(s), to file 0 comploint in this oppeal
(Common Pleas No. ~- .2 A../e:. ~
or suffer entry' of judgment of non pros.
RULE: To Regf'\n'-'Y _ Nnrf-h M H P
NNrre of appet~s)
, appellee(s),
'. \ ':1
(1) You are notified thQt 0 rule is herebY:"";'tered ~;;or\ you to fil""o comploint in this appeol within twenty (20) doys offer the date of
service of this rule upon you by personol service~r by ~ertifi~pr registered ~i~
" I ;' .
(2) If you do not file acomploint within t~is iime, ~ J!Jo,GMeN!, OF N9N PROS WILL BE ENTERED AGAINST YOu.
- "",/- -~-. \ t -'- \ ~,:.
(3) The date of ser\4ce of this rule if service was ~:~~ is the ~ate O~~:iling. p c-'~A
Date: ,lnn<'~ Wx2DOO . - ,~ ~n...... tJ ./ - / ~~~C
., . ~.<~ . of ProthOrlOlarj or Deputy
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF . ; ss
AFFIDAVIT: I hereby swear, or affirm tharl served
o a copy of the Notice of Appei!l, Common Pleas No, , upon the District Justice designated therein o~
(date of service) , 19_, 0 by personal service 0 by (certified) (reg,i<;Jered) mail, sender's
receipt attached hereto, and I.lpon the appellee, (name) , on
__--, 19" n by pHrsonal service 0 by (certified) (registered) mail, sender's receipt attached h'll"eto,
o and further that I served the Rule to Filea Complaint accompanying the abo,ve Notice of_Appeal upon theappel,I,~.(~),_tOWhOrr1
the Rule was addressHcI on ____, , 19_ 0 by personal service 0 by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS __
. DAy OF
,19___
Signature of official before whom affidavit was made
Title of official
My commission exp,ires on
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-03
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF RESIDENTIAL LEASE
. NAME and ADDRESS
'REGENCY NORTH M.H.P. I
7099 CARLISLE PIKE
CARLISLE, PA 17013
L ~
Mag. Dist.No.:
DJ Name: Hon
Address'
SUSAN K. DAY
229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
T",phO"", (717) 486 -7672 17065
DEFENDANT: NAME and ADDRESS
'sTILL, DAVID, ET AL.
145 YOUNGS CHURCH RD
SHERMANSDALE, PA 17090
L
Docket No,: LT- 0000105 - 00
Date Filed: 5/09/00
VS.
I
DAVID STILL
145 YOUNGS CHURCH RD
SHERMANSDALE, PA 17090
.J
THIS IS TO NOTIFY YOU THAT:
Judgment:
FOR PLAINTIFF
Judgment was entered fOL (i.Jame) REGENCY NORTH M.H..P.
Judgment was entered against STILL, DAVID
LandlordlTenant action in the amount of $ 1, 797 .63 on 5/23/00
The amount of rent per month, as established by the District Justice, is $
The total amount of the Security Deposif is $ .00
, Total Amount Establish<ld b'L DJ Less' Security Deposit APrl.ii<ld ~ Adjudicated Amou8t
Rent In Arrears $ 1,7U7.00-$ .UU ~ $ 1,707.0
Physical Damages Leasehold Property $ .00 $ 00 ~ $ 00
Damages/Unjust Detention $ _ 00 - $ . 00 $ : 00
Less Amt Due Defendant from Cross Complaint - $ _ 00
Interest (if provided by lease) $ 00
UT Judgment Amount $ 1 .707 00
Judgment Costs $ 90.63
Attorney Fees $ 00
Total Judgment $ 1,797.63
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
o Possession granted if money judgment is no! Sa!ISTlea oy lime or eViction,
o Possession not granted. 0 Defendants are jointly and severally liable,
n Levy is stayed for davs or 0 generally stayed,
o Objection to Levy has been filed and hearing will be held:
[!]
LiJ
in a
(Date of Judgment)
.00.
o
o
~
Attachment Prohibited/
Victim of Abuse (Act 5, 1996)
This case dismissed without prejudice,
Possession granted,
Date: Place:
I Time:
,
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY, IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST OEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED,
IF A PARTY WISHES TO APPEAL ONL Y THE ~ONEY PORTION OF A JUDGMENJ INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A N flCE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, ~IVIL,DIVISION, I,
T,[lE.l'ARTf':II,J~\, AN APPEAL ~liST INCLUfEjA COr?F T~~ E 9F JuqG ~TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
.) ./.' Uv Date,l '".J.I /{~v: ;. _, / ./ I , District Justice
(~e,rt,y:t,~t ,:l~lsa,truelh correot~()py~,t:erecor,o,t/~~O\B / 9S,DJ tammgt eju gment ,
'/ -L u U Date / ,-,_ ' ..4 .L{-/: -( I, _ -' , Dlstnct Justice
My commission expires first M~nday of Janu'ary, 2004, SEAL
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COMMONWEALTH OF PENNSYLVANIA
COURl OF COMMON PLEAS
CUMBERLAND COUNTY
Ninth JUDICIAL DISTRICT
NOTICE Of APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. CJO - .J90S C~,l
NOTICE OF APPEAL
Notice is given that the appellant has filed in the obove Caurt of Common Pleos an appeal from the judgment rendered by the District Justice on the
dale and inthe case'mentionedbelov<
NAME OF APPELLANT
MA D15T. NO. OR NAME OF D.J.
'DAVID STILL
ADDRESS F APPEllANT
ory
09-3-03
STATE
ZIP ODe
145 Youngs Church Road
DATE OF JUDGMENT IN THE CASE OF (Plaintiff)
Sbermans Dale
PA
Ma 23 2000
CLAIM NO
(Defendant)
~ David still & Pamela Killin er
SIGNATURE OF APPB.lAN1" R HIS' ATTORNEY OR AGENT
CV 12
IT 19
This block will be signed ONLY when this noiation is,~quired under '
10088. ~/
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS I<> the judgment for possessian in this case:
lant was CLA/MANT (see Pa, RCP.JP. No,
1001 (6) inaction before District JuStice, he MUST
FILl; A C;OMPLAINT within twenty (20) days after
fi/inghisNOTICE of APPEAL
" Signature oN'!tbtfionotary or Deputy
- .... - --} ,
/ ' ,~", ~ ~,' PR~~tl~E.!O~~URI RUL~ TO FILE COMPLAINTcAND RULE TO FILE
(This sectkin of fonn to be used ONLY-wherOij]peflant was DEFENDANT (see Pa, HCP.J.P, No, 1001 (7) in action before District Justice,
IF NOT USED, detach from copy of notice of,appeal to be served upon appellee),
PRAECIPE: To Prothonotary
Enter rule upon Regenc.y
North M.Ho P.
Name of appeflee(sJ
ct... ( I~) within twenty (20) day
, appellee(s), to file 0 comploint in this ,appeal
(Common Pleas No.a,- ..2 ^"IQS'
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RULE: To Reaency North M. H. P
Name of appel/oe(si
,appellee(s).
('.-
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(1) You are notified that 0 rule is hereby enlered upon you I<> file a complaint in this appeoiwilhin twenty (20) days~,aflef,the,daleof
service of It{is rule upon you by personal service or by certified or registered maiL '..~' , " " ~
(2) If you do not file a comploint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu.
(3) The date of service of this rule if serv1fe was by mail is the dale of mailing.
June 2. , KlIQDOO '.'. "-- ..a~~
P 7tJ02~r-'
'Signature of Aofhonolary Of Depuly
Dc!te:
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE ~~A~T,
(This proof of service MUST BE FiLED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSVLVANIA
COUNTY OF CtAVV\be{\~L___ ;..
AFFIDAVIT: I hereby swear or affirm that I served
ri a copy of the Not~~ Aweal, com, mo, n Pleas NOCl12..::' 3Lfo '511 ~iJponth, e Distrlc, t Justic,e designated therein on
(date of service), _.lL_____, 11lfi:DO, 0 by~ersonal ser~i,ce I. ~by,(Certified) (registered) mail, sender's
r~}L'Pt ~tt'l9hBd hereto,and'uponthe appellee, (name).J!~fl~JliLl2r'fJ17lA.tt Pc, "" on
14 nL.1L.__, ~OV() f, by personal service !21 by ( ertifie ) (registered) maii, sender's receipt attached hereto,
~ and further that I served the Rule to File: a Complaint accompanying the above Notice of Appeal upon th~ appel.i~(&.) t_9Whom '
the Rule was addressed on JUtkt,JS.--- _, ~VL? 0 by personal ;ervice )lby (certified) (registered) , ,
mail, sl3nder's receipt attached hereto.
,gnatu"ofoZd~~ade -
_~ign,atl..!re taffiant
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS ._~___DAY OF~x.e ___ ,3~~.Q
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My co~mission"e:~pires on ___
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=tJ-1!hman, Notary Public
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REGENCY NORTH M.H.P.
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DA VlD E. STILL,
: NO. 00-3405 CIVIL
Defendant
AFFIDAVIT OF SERVICE
AND NOW, this 19th day of June, 2000, comes Bradley 1. Griffie, Esquire, Attorney for
Defendant, and states that he mailed a certified and true copy of a Notice of Appeal to the
Plaintiffs, Susan K. Day, District Justice, at 29 Mill Street, Box 167, Mt. Holly Springs,
Cumberland County, Pennsylvania, and to Regency North M. H. P. at 7099 Carlisle Pike,
Carlisle, Cumberland County, Pennsylvania. Both were served by certified mail, restricted
delivery, return receipt requested. Copies of said receipts are attached hereto indicating service
was made on June 13, 2000, to both.
uir
Atto r De endant
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribed to
be~ me this ~day
of . UW , 2000.
~J~~
OTAR PUBLIC
. (.
r--:- Notarial Seal Public
" Karisa J, Lehman,~~ County
, . Cilrtlsle BolO, Curn",,''''~ 25 2003
. My Commission Expires Aug. ,
a Complete-items 1 and/or 2 tor additional services.
Complete items 3, 4a, and 4b.
t:l Print your name and adqress on the reverse of this form so that we can relum Ihi4
card to you.
C Attach this form to the front of the mailpiece, or on the back if space does nol
permit.
D Write "Return Receipt Requested" on the mail piece below the article number.
[] The Return ReceiP1 will show to whom the article was delivered and the dale
delivered.
3. Article Addressed to:
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:5 g ~~~~1~:;:~eRe~i~~e~uested" on the mailpiece below the article ~umber.
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102595-99-8-0223 Dcimestic Returf1:'ReQeipt
I also wish to receive the fdllow~
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7. Date of Delivery
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8. Addressee's Address (Only if requested and
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KOLLAS AND COSTOPOULOS,
tJa REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 00-3405
vs.
DAVID STILL and
PAMELA KlLLINGER,
Defendants
: CIVIL ACTION -LAW
NOTICE TO PLEAD
TO: PAMELA KlLLINGER, Defendant
Marcus A McKnight, III, Esquire
Attorney for Defendant Killinger
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER TO CO:MPLAINT WITH NEW MATTER WITIllN TWENTY
(20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED
AGAINST YOu.
GRIFFIE & ASSOCIATES
e, Esquire
ey for Defendant Still
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
DATE: August 7, 2000
I I
--",==" ~-
KOILAS AND COSTOPOULOS,
t/a REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-3405
vs.
DAVID STILL and
PAMELA KILLINGER,
Defendants
CIVIL ACTION - LAW
ANSWER AND CROSSCLAIM
AND NOW, comes Defendant, David Still, by and through his counsel, Bradley L.
Griffie, Esquire and the Law Firm of Griffie & Associates, and files the within Answer and
Crossclaim:
L Denied. Defendant, David Still (hereinafter "Defendant Still"), is without sufficient
knowledge or information to form a belief as to the truth of the averments in
paragraph 1 and they are, therefore, denied,
2. Admitted,
3. Denied, It is denied that Defendant, Pamela Killinger (hereinafter "Defendant
Killinger"), is an adult individual residing at 60 West Pomftet Street, Carlisle,
Pennsylvania, It is believed that 60 West Pomftet Street, Carlisle, Pennsylvania, is the
office address for the law firm oflrwin, McKnight & Hughes,
4. Admitted,
5. Admitted in part and denied in part. It is admitted that Defendant Still did not pay rent
for the months of January, February, March, April, May and June ofthe year 2000, It
, - ~-~
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is further admitted that the Lease claims that late fees will be for any rental payments
paid late and that attorney's fees may be collected as well. It is denied, however, that
rent has been paid for months indicated as Defendant Still is not aware of the ongoing
relationship between Defendant Killinger and Plaintiffs, It is further averred that
Defendant Killinger is residing at the premises and, therefore, Defendant Still believes
that arrangements for Defendant Killinger to pay the rents due or, through some
means, has made arrangements to continue to reside at the premises without further
eviction action by Plaintiffs,
6. Denied, It is denied that Plaintiff properly posted and sent notification to Defendants
setting forth Defendants' failure to pay rent and late charges as per the Lease and rules
and regulations and specific proof thereof is demanded at trial,
7, Denied as stated. The reference in paragraph 7 relative to prior proceedings, which
are on appeal in the within case, is irrelevant and inflammatory to the proceedings and,
therefore, should be stricken, and further is an improper statement to be included in
the within proceedings.
8, Admitted in part and denied in part. It is admitted that Defendant Still appealed a
District Justice decision which resulted in the within proceedings being initiated
through the filing of appropriate appeal documents, It is denied that Defendant
Killinger has not appealed in that Defendant Still has no knowledge of the actions of
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Defendant Killinger, It is further averred that the allegation as to when Defendant Still
appealed and whether or not Defendant Killinger appealed are irrelevant, impertinent
and inflanunatory and should be stricken from the Complaint.
9, Admitted,
10. Denied. It is denied that Defendants owe Plaintiffs $2,102,13 as ofJune 15, 2000,
WHEREFORE, Defendant Still requests your Honorable Court to dismiss the
Complaint and enter a Judgment in favor of Defendant Still.
CROSSCLAIM
11. Defendant Still's answers to paragraphs 1 through 10 are incorporated herein by
reference as if set forth in their full text,
12, Prior to January 1, 2000, Defendant Killinger, who was cohabiting at the residence at
issue at Lot BOW, Regency Woods North Mobile Home Park, vacated the residence
without providing notice to Plaintiffs and thereafter failed to provide for rental
payments and related payments allegedly due,
13. Defendant Still maintained payments of the rent due, as well as any other fees due,
until January I, 2000,
. 14. Although Defendant Killinger had vacated the residence as indicated, she continued to
return to the residence and, through various means continued to harass Defendant
Still, resulting in his inability to maintain the quiet enjoyment of his own home,
15. Due to Defendant Killinger's conduct, Defendant Still vacated the residence, giving
proper notice to Plaintiff and to Defendant Killinger.
16, Plaintiff failed to assist Defendant Still in prohibiting Defendant Killinger from
returning to the premises at BOW Regency Woods North Mobile Home Park.
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17. Plaintiff's actions in failing to assist Defendant Still in maintaining the quiet enjoyment
of his home assisted in necessitating his move from the residence at issue,
18, Defendant Killinger's actions were the direct cause of Defendant Still being required
to vacate the residence at issue.
19. Defendant Killinger is believed to have returned to her residency at BOW Regency
Woods North Mobile Home Park and is believed to have made accommodations with
Plaintiff for the payment of a portion or all of the claimed back rent due in order to be
able to maintain her residence in the aforesaid mobile home.
20, Defendant Killinger is solely and exclusively responsible for any and all rental
payments that have not been made since January 1, 2000, as well as any and all late
fees and attorney's fees that may be appropriately imposed for the failure to pay rent
beginning in January 2000.
21. In the event it is determined that Defendant Still is liable or responsible for the
payment of any amounts for rent, late charges or attorney's fees as demanded in
Plaintiff's Complaint, which liability is specifically denied, Defendant Killinger is liable
over to Defendant Still for contribution and/or indemnity, or is jointly and severally
liable to Plaintiff.
22. Defendant Still believes Plaintiff has already been compensated by Defendant Killinger
in this matter for the relief requested and cannot collect again on those matters from
Defendant Still,
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WHEREFORE, Defendant Still requests your Honorable Court to enter Judgment in favor
of Defendant Still and dismiss the Complaint filed by Plaintiff or, in the alternative, enter
judgment in favor of Defendant Still against Defendant Killinger for any amount claimed
to be due and owing from Defendant Still to the Plaintiff.
Respectfully submitted,
ASSOCIATES
,,",,,,,"-
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I verifY that the statements made in the foregoing document are true and correct
upon my personal knowledge as to part, upon my information and belief as to part and
upon the information provided to me by the party as to the remainder, and that I make this
verification subject to the penalties of 18 Pa,C.S.A. Section 4904, relating to unsworn
falsification to authorities as authorized by the Judicial Code of Pennsylvania Rules of
Civil Procedure. I further veritY that the party is unavailable and verification from him
cannot be obtained within the time allowed for filin e pleading,
DATE: ~ 7 J d d
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KOLLAS AND COSTOPOULOS,
t/a REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYL VANIA
:NO, 00-3405
v,
DAVID STILL, and
PAMELA KILLINGER,
Defendants
:CIVIL ACTION-LAW
REPLY TO DEFENDANT KILLINGER'S NEW MATTER
1 L Requires no answer.
12, Admitted in part and denied in part, It is admitted that District Justice Day entered
judgment against Defendant Still, It is denied that the decision of the District Justice to exclude
Defendant Killinger was in any way proper. Defendant Killinger remains liable for damages
incurred by Plaintiff. In accordance with PaRC.P,D,J, No, 1007, this Honorable Court is in no
way bound by the decision of the District Justice,
13, Denied as stated, Although Defendant Killinger has cooperated with Plaintiff in
some regards, Defendant Killinger has not compensated Plaintiff for its damages in this matter.
While Plaintiff has allowed Defendant Killinger to re-enter the mobile home, Plaintiff disclosed to
Defendant Killinger that, notwithstanding said allowance of re-entry, Plaintiff would pursue this
case against Defendant Killinger and Defendant Still.
WHEREFORE, Plaintiff respectfully requests that this Hoilorable Court grant judgment in
Plaintiff's favor for payment of the sum of$1610,00 for rent, $150,00 for late fees, $241.50 for
legal fees, and $100,63 for costs, for a total of$2,102,13 together with additional costs and
damages as this Honorable Court sees fit. Additionally, Plaintiff respectfully requests that it
receive the sum of $245,00 per month from the time of filing this Complaint for future rents and
costs associated therewith, The Plaintiff also respectfully requests possession of the premises,
"
DATED: rl/6,/t.7?
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RESPECTFULLY SUBMITTED:
KOLLAS AND KENNEDY
k#;~'
<1ames W, Kollas, Esquire
Supreme Court ill 81959
Kollas and Kennedy
1104 Fernwood Avenue, Suite 104
Camp Hill, PA 17011
(717) 731-1600
ATTORNEY FOR PLAINTIFF
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KOLLAS AND COSTOPOULOS,
t/a REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO, 00-3405
v,
DAVID STILL, and
PAMELA KILLINGER,
Defendants
:CIVIL ACTION-LAW
VERIFICATION
I, Lynde Renard, Manager of Regency Woods North Mobile Home Park for Kollas and
Costopoulos, verifY that the statements made in the foregoing Reply to New Matter are true and
correct to the best of my knowledge, information, and belief I understand that false statements
herein are made subject to the penalties of 18 Pa, C,S,A 4904, relating to unsworn falsification to
authorities,
DATE: f{/lt./oo
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BY: '~~ .fYu<O'~
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KOLLAS AND COSTOPOULOS
t/a REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO, 00-3405
DAVID STILL, and
PAMELA KILLINGER,
Defendants
: CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
I, Carole A Rose, of the Law Offices ofKollas and Kennedy, hereby certifY that I
have this 11../'\ day of August, 2000, served a true and correct copy of REPLY TO
DEFENDANT KILLINGER'S NEW MATTER by depositing same in the United States mail,
first class, postage prepaid, addressed to the following:
Brad L, Griffie, Esquire
200 N, Hanover Street
Carlisle, PA 17013
Attorney for Defendant Still
Marcus A ,McKnight, III, Esquire
60 W, Pomfret Street
Carlisle, PA 17013
Attorney for Defendant Killinger
LAW OFFICE OF KOLLAS AND KENNEDY
BY:
CfJHJ/l Q~K
Carole A Rose
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KOLLAS AND COSTOPOULOS,
t1a REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiff
: IN THE COURT OF COMMON
, : PLEAS OF CUMBERLAND
: COUNTY, PENNSYLVANIA
: No. 00-3405
v.
: CIVIL ACTION - LAW
DAVID STILL and
PAMELA KILLINGER,
Defendants
NOTICE TO PLEAD
TO: Kollas and Costopoulos t1a Regency Woods North Mobile Home Park,
and its attorney, James W. Kollas, Esquire
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER TO COMPLAINT WITH NEW MATTER WITHIN TWENTY (20)
DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
IRWIN, McKNIGHT & HUGHES
Mar A. McKnight, II ,
60 est Pomfret Street
Carlis Pennsylvania 17013-322
(717) 249-
Supreme Court ID.
Attorney for Defendant
Pamela Killinger
By:
Date: August 4, 2000
. ,
KOLLAS AND COSTOPOULOS,
tla REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND
: COUNTY, PENNSYLVANIA
: No. 00-3405
v.
: CIVIL ACTION - LAW
DAVID STILL and
PAMELA KILLINGER,
Defendants
ANSWER OF DEFENDANT KILLINGER
WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
AND NOW, this 4th day of August, 2000, comes the Defendant, Pamela Killinger, by
and through her attorneys, Irwin, McKnight & Hughes and makes the following Answer with
New Matter:
1.
The averments offact contained in paragraph one (1) ofthe Complaint are admitted.
2.
The averments offact contained in paragraph two (2) of the Complaint are admitted,
3.
The averments of fact contained in paragraph three (3) of the Complaint are specifically
denied. By way of further answer, the Defendant, Pamela Killinger, is an adult individual
residing at the Regency Woods North Mobile Home Park.
4.
The averments off act contained in paragraph four (4) of the Complaint are admitted.
5.
The averments of fact contained in paragraph five (5) of the Complaint are specifically
denied, On the contrary, defendant, David Still, forced defendant, Pamela Killinger, from the
mobile home park. Thereafter, he had exclusive possession of the mobile home and is solely
responsible for the outstanding rent payment to the plaintiff.
6.
The averments of fact contained in paragraph six (6) of the Complaint are specifically
denied. On the contrary, defendant, Pamela Killinger, was not in possession of the property and
did not receive notice for rent which should have be paid by defendant, David Still.
7.
The averments off act contained in paragraph seven (7) ofthe Complaint are admitted in
part and denied in part. It is admitted that judgment was entered by District Justice Susan K.
Day against David Still only. No iud2ment was entered a2ainst defendant.. Pamela J.
Killin2er.
2
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8.
The averments of fact contained in paragraph eight (8) of the Complaint are admitted.
9.
The averments off act contained in paragraph nine (9) of the Complaint are admitted.
[0,
The averments of fact contained in paragraph ten (10) of the Complaint are specifically
denied, It is denied that the defendant, Pamela J. Killinger, owes any money to the plaintiff.
NEW MATTER
AND NOW, this 4th day of August 2000, the defendant, Pamela 1. Killinger, makes the
following New Matter to the Complaint of the Kollas and Costopoulos, tla Regency Woods
North Mobile Home Park:
11.
The averments of fact contained in the Answers of defendant, Pamela Killinger, in
paragraphs one (1) through ten (10) of the Complaint are hereby incorporated by reference and
made a part of this New Matter.
3
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12,
On May 23, 2000, District Justice Susan K. Day entered judgment only against
defendant, David Still, a copy of said judgment is attached hereto and marked as Exhibit "A" and
is attached hereto and made a part of this New Matter.
]3,
At all times, the defendant, Pamela Killinger, has cooperated with the plaintiff. With the
consent of the plaintiff, defendant, Pamela Killinger, has moved back into the mobile home in
July 2000, and has resumed payment of the monthly rent.
WHEREFORE, the defendant, Pamela Killinger, requests that judgment be entered
against the plaintiff and in her favor,
Respectfully submitted,
Date: August 4, 2000
Mareu A. Me
Supreme Co
60 West Po et Street
Carlisle, Pennsy
(717) 249-2353
Attorney for Defendant,
Pamela Killinger
By:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-03
NOTICE OF JUDGMENTITRANSCRIPT
PL;INTIFF. RESIDENTIAL LEASE" . '
. NAME and ADDRESS
'REGENCY NORTH M.H.P. I
7099 CARLISLE PIKE
CARLISLE, PA 17013
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Mag, Qisl No,:
OJ Name: Hon.
SUSANK. DAY
kid,,,,, 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
VS.
T"'Phon" (717) 486-7672
17065
DEFENDANT: NAME and ADDRESS
'sTILL, DAVID, ET AL.
145 YOUNGS CHURCH RD
SHERMANSDALE, PA 17090
L
Docket No.: LT- 0000105 - 00
Date Filed: 5/09/00
I
ATTORNEY FOR PLAINTIFF
MARCUS A. MCKNIGHT, III, ESQ.
60 W. POMFRET ST.
CARLISLE, PA 17013
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tHIS IS TO NOTIFY V.pU THAT:
Judgment: _.._!:,QR_flJUNTIFF
[!] Judgment was entered for: (Name) REGENCY NORTH M. H . P.
o Judgment was entered against STILL, DAVID
1XJ LandlordlTenantactionintheamountof$ 1,797.63 on 5/23/00
The amount of rent per month, as established by the District Justice, is $
The total amount of the Security Deposit is $ .00
, Total Amount Establish<ld by. DJ Less' Security Deposit ApQliild = Adjudicated Amounb
Rent In Arrears $ 1,7'07.00-$ .uu = $ 1,707.0
Physical Damages Leasehold Property $ .00 $ .00 $ .00
Damages/Unjust Detention $ .. 00 - $ 00 $ .. 00
Less Amt Due Defendant from Cross Complaint - $ .. 00
Interest (if provided by lease) $ '0'0
LIT Judgment Amount $ 1. 707.. 00
Judgment Costs $ 90.63
Attorney Fees $ 00
Total Judgment $ 1,797.63
, Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
o Possession granted if money judgment is nO! sallsneo oy llme 01 eVICllon,
o Possession not granted, D Defendants are jointly and severally liable.
o Levy is stayed for days or 0 generaily stayed,
o Objection to Levy has been filed and hearing will be'held:
in a
(Date of Judgment)
.00,
,
O Attachment Prohibited/
Victim of Abuse (Act 5, 1996)
o This case dismissed without prejudice,
[!J
Possession granted,
Date:
Place:
Time:
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUOGMENT, IF ANY, IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
',THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILEO.
'IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION,
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL
, District Justice
Ings containing t e JU gment
, District Justice
Mv commission expires first Monday of January, 2004,
AnPr:.11<;A_QQ
SEAL
"-'c<
VERIFICATION
The foregoing Answer with New Matter is based upon information which has been
gathered by counsel and myself in the preparation of this action. I have read the statements made
in this document and they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein made are subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to authorities.
Date:U 2000
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KOLLAS AND COSTOPOULOS,
tJa REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND
: COUNTY, PENNSYLVANIA
: No. 00-3405
v.
: CIVIL ACTION - LAW
DAVID STILL and
PAMELA KILLINGER,
Defendants
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached
Answer with New Matter was served upon the following by depositing a true and correct
copy of the sanIe in the United States mail, First Class, postage prepaid in Carlisle,
Pennsylvania, on the date referenced below and addressed as follows:
James W. Kollas, Esquire
KOLLAS and KENNEDY
1104 Ft:rnwood Avenue
Camp Hill, PA 17011
IRWIN, McKNIGHT & HUGHES
By:
Date: August 4, 2000
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tla REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO, 00-3405
v,
DA VlD STILL, and
PAMELA KILLINGER,
Defendant
CIVIL ACTION-LAW
ORDER OF COURT
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AND NOV:~~AfCj-jlA) ( ,2000, in consideration of the foregoing
petition,~tt. ___~ , Esq" ~.uA~./,b_ A~ J ,Esq"and
J~f1d {Y ~.' J'z"Esq" are appointed arbitrators in the above-captioned action as
prayed for.
By the Court,
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KOLLAS AND COSTOPOULOS,
tla REGENCY WOODS NORTH
MOBILE HOME PARK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
:NO. 00-3405
v,
DA VID STILL, and
PAMELA KILLINGER,
Defendant
:CIVIL ACTION-LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE GEORGE E. HOFFER, PRESIDENT JUDGE OF SAID COURT:
KOLLAS and KENNEDY, counsel for the plaintiff in the above action, respectfully
represents that
The above-captioned action is at issue
2, The claim of the plaintiff in the action is $2,102,13, together with additional costs
and damages as this Honorable Court sees fit.
The following attorneys are interested in the case as counselor are otherwise disqualified to sit as
arbitrators:
Bradley L Griffie, Esq,
Griffie and Associates
200 North Hanover Street
Carlisle, P A 17013
Marcus A McKnight, III, Esq,
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013-3222
WHEREFORE, your petitioner prays this Honorable Court to appoint three arbitrators to whom
this case shall be submitted
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RESPECTFULLY SUBMITTED BY
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James w. Kollas
Supreme Court ill No, 81959
KOLLAS AND KENNEDY
1104 Fernwood Avenue
Suite 104
Camp Hill, P A 17011
(717) 731-1600
ATTORNEY FOR PETITIONERlPLAlNTIFF
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KOLLAS AND COSTOPOULOS
tla REGENCY WOODS NORTH
MOBILE HOME PARK,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
00-3405 CIVIL TERM
v.
CIVIL ACTION - LAW
DAVID STILL and
PAMELA KILLINGER,
DEFENDANTS
NOTICE TO PLEAD
To: David Still, Defendant and
Bradley L. Griffie, Esquire,
Attorney for Defendant
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER TO THE CROSSCLAIM OF DEFENDANT, PAMELA KILLINGER,
WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE
ENTERED AGAINST YOU.
By:
Marcus A. McKni t, m, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court ID. No. 25476
Attorney for Defendant,
Pamela Killinger
Date: November 3, 2000
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tJa REGENCY WOODS NORTH
MOBILE HOME PARK,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
00-3405 CIVIL TERM
v.
CIVIL ACTION -LAW
DAVID STILL and
PAMELA KILLINGER,
DEFENDANTS
ANSWER TO CROSSCLAIM OF DAVID STILL AND
CROSSCLAIM BY PAMELA KILLINGER
AGAINST DAVID STILL
AND NOW, this 3rd day of November, 2000 comes the defendant, Pamela Killinger,
and makes the following Answer to the Crossclaim of defendant David Still:
12.
The averments off act contained in paragraph twelve (12) of the Crossclaim of Defendant
Still are specifically denied. On the contrary, on or about September 7,1999, Defendant Still
filed criminal and a protection action against Defendant Killinger which forced her to leave the
property at plaintiff's mobile home park. Thereafter, the plaintiff had exclusive possession of the
mobile home until July 1, 2000, when Defendant Killinger returned and assumed responsibility
for the payments and care of the mobile home.
13.
The averments of fact contained in paragraph thirteen (13) of the Crossclaim of
Defendant Still are admitted.
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14.
The averments offact contained in paragraph fourteen (14) of the Crossclaim of
Defendant Still are specifically denied. On the contrary, Defendant Killinger never returned to
the mobile home until it had been abandoned by Defendant Still.
15.
The averments of fact contained in paragraph fifteen (15) of the Crossclaim of Defendant
Still are specifically denied. On the contrary, Defendant Still did not provide notice but instead
moved from the mobile home since he purchased another property in his own name.
16.
The averments offact contained in paragraph sixteen (16) of the Crossclaim of Defendant
Still are specifically denied. On the contrary, Defendant Killinger never visited the mobile home
until after Defendant Still vacated it.
17.
The averments offact contained in paragraph seventeen (17) of the Crossclaim of
Defendant Still are specifically denied. On the contrary, Defendant Still left the mobile home in
order to purchase a new property.
18.
The averments off act contained in paragraph eighteen (18) of the Crossclaim of
Defendant Still are specifically denied. On the contrary, Defendant Still abandoned the mobile
home in order to purchase a new home.
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19.
The averments of fact contained in paragraph nineteen (19) of the Crossclaim of
Defendant Still are specifically denied. On the contrary, when the Defendant Killinger returned
to the mobile home on July 1, 2000, she entered into a new lease with plaintiff, a copy of which
is attached hereto and marked as Exhibit "A" and made a part of this Answer with Crossclaim.
20.
The averments of fact contained in paragraph twenty (20) of the Crossclaim of Defendant
Killinger are specifically denied. On the contrary, Defendant Killinger is only responsible for the
rent from July 1,2000, and has paid said sum.
21.
The averments of fact contained in paragraph twenty one (21) of the Crossclaim of
Defendant Still are specifically denied. On the contrary, since the Defendant Still took
possession of the property and continued to control it after January I, 2000.
22.
The averments of fact contained in paragraph twenty two (22) of the Crossclaim of
Defendant Still are specifically denied. On the contrary, the amounts due to the plaintiff are
solely the responsibility of Defendant Still.
WHEREFORE, the defendant, Pamela Killinger, requests that the Crossclaim of
Defendant Still be dismissed against Defendant Killinger.
4
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CROSSLAIM OF DEFENDANT PAMELA KILLINGER
V.
DEFENDANT DAVID STILL
AND NOW, this 3rd day of November, 2000, comes the defendant, Pamela Killinger,
and makes the following Crossclaim against the defendant, David Still:
23.
The averments of fact contained in paragraph twelve (12) through twenty two (22) are
hereby incorporated by reference and are made a part of this Crossclaim.
24.
Defendant Still took over exclusive possession of the mobile home located at the
plaintiff's mobile home park on September 7, 1999, and he maintained said possession until the
occupancy by the Defendant Killinger on July 1, 2000.
25.
Defendant Still is solely responsible for the rent due to the plaintiff and to the extent that
any amount is collected from Defendant Killinger, said Defendant Still must reimburse
Defendant Killinger.
5
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WHEREFORE, Defendant Killinger requests that judgment be entered against
Defendant Still for the full amount claimed by plaintiff in this action.
Respectfully submitted,
IRWIN, MCKNIGH & HUGHES
By: Mar us A. Me e
60 West Pomfret S et
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court J.D. No. 25476
Attorney for defendant, Pamela Killinger
Date: November 3, 2000
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REGENCY WOODS NORTH MOBILE HOME COMMUNITY
LEASE
THIS IS A RESIDENTIAL LEASE. EACH LESSEE SHOULD READ THIS
LEASE CAREFULLY. EACH LESSEE SHOULD NOT SIGN THIS LEASE UNTIL
EACH LESSEE UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE.
1. NAMES OF LESSOR AND LESSEE
Name of the Lessor:
KOLLAS AND COSTOPOULOS
Name(s) of the Lessee(s):
, f'o...me.-)o..
/{; 1/,'Y1C) 'e,
2. LEASED PROPERTY
The leased property is the place that lessor agrees to lease to lessee. The leased
property is:,#, '. " ,',", , " ", ' ", ',".' ".'.,
,1"3Df?('ge/lll!.y Ll)oCJd~, lJort:h
3. STARTING AND ENDING DATES OF LEASE AGREEMENT
This lease ends on
~jy II' ;:)001)
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This lease starts on
4. RENT
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The amount of rent is: $ :::l .,IS'. each month.
Lessee agrees to pay the monthly rent in advance on or before the Ist day of each
month. Lessor does not have to ask (MAKE DEMAND UPON) lessee to pay the rent. Lessee
agrees to pay rent by first class mail postage prepaid. '
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Rent is payable to: -KOLLAS A":ND COSTOPOULOS
1104 FERNWOOD AVENUE, SUITE 104 '
CAMP HILL, PENNSYL VANIA 17011
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Lessee agrees to pay a LATE CHARGE of$25.00 ifrent is not received by the
eighth day of each month. If lessee mails the rent to lessor, the date of payment will be the date
the envelope is postmarked.
5. SECURITY DEPOSIT
Lessee agrees to pay a security deposit in the sum of one month's rent.
Lessee agrees to pay the security deposit to lessor before the lease starts and before lessor
gives possession of the leased property to lessee,
Lessor can take money from the security deposit to pay for any damages caused by lessee,
lessee's family and lessee's guests, Lessor maY,take the security deposit to pay for any unpaid
rent.
After taking out for damages and unpaid rent, lessor agrees to send lessee any security
deposit money left over. Lessor will send the remaining security deposit money to lessee no later
than 30 days, after the lease ends and lessee leaves. Lessor also agrees to send to lessee a written
list of damages and amounts of money taken from the security deposit.
Lessee agrees to give lessor a written forwarding address when lessee leaves and the lease
ends,
Lessee may not use the security deposit as payment of the last month's rent.
6. LESSOR'S DUTY AT THE START OF THE LEASE
Lessor agrees to give lessee possession of the leased property on the starting date of the
lease, The lease will start even iflessor cannot give lessee possession of the leased property
because the prior lessee is still in the leased property or the leased property is damaged, IF
LESSOR CANNOT GIVE LESSEE POSSESSION, LESSEE DOES NOT HAVE TO PAY
RENT UNTIL THE DAY LESSOR GIVES POSSESSION OF THE LEASED PROPERTY
TO LESSEE.
7. DAMAGE TO LEASED PROPERTY
Lessee agrees to notifY lessor immediately if the leased property is damaged by fire or any
other cause, Lessee agrees to notifY lessor if there is any condition in the leased property that
could damage the leased property or harm lessee or others, Iflessee cannot live in the whole
leased property because it is damaged or destroyed, lessee may:
1) live in the undamaged part of the leased property and pay less rent until the
leased property is repaired,
OR
2) end the lease and leave the leased property.
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Lessee agrees that if the leased property is damaged or destroyed and lessee ends the
lease, lessor has no further responsibility to lessee.
8. INSURANCE
Lessor agrees to have insurance on the community property where the leased
property is located, Lessee's own property (including mobile home) is not insured by lessor's
insurance, Lessee is responsible for lessee's own property (including mobile home) that is located
on the lease property.
9. TRANSFERS BY LESSEE
Lessee agrees not to sublet any portionofthe leased property,
Lessee may sell lessee's mobile home under the following conditions:
L If the mobile home is to remain in the park with a new owner, new lessee
must be park-approved from management prior to sale,
2, If the mobile home is to remain in the park prior to sale, an inspection will
be conducted and lessee will be notified by mail if any modifications are to be made to the home,
deck, shed or any other part of the home or attachments owned by the lessee.
10. RESPONSffiILITY FOR DAMAGE, TO PROPERTY OR INJURY TO PEOPLE
Lessor is responsible for all damage to property or injury to people that is the fault of
lessor or people employed by lessor at the leased property, Lessee is responsible for all damage
to the leased property and injury to people caused by lessee, lessee's family or guests.
Lessee agrees that lessor is not responsible to lessee, lessee's family or guests for damage
or injury caused by failure, breakage, leakage or obstruction of the water, sewer, waste, or soil
pipes, or the electrical, gas or oil system. Lessor is also not responsible for any snow or ice that
comes on the leased property unless lessor was at fault Lessee agrees to maintain liability
insurance covering the leased premises. Lessor shall be notified immediately of any hazardous
conditions which are known to be a violation of these rules and regulations,
11. USE OF LEASED PROPERTY
Lessee agrees to use the leased property only as a residence. Lessee agrees to obey all
federal, state and local laws and regulations when using the leased property. Lessee agrees not to
store any flammable or dangerous things in or around the leased property,
Lessee agrees not to do anything in or around the leased property which could harm
anyone or damage any property.
If the demised premises shall be taken under eminent domain or condemnation
proceedings, or if the lessor conveys the said premises to any governmental authorities seeking to
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take the said premises, or if there is a change in use of the park land, or parts thereof, or
termination of the park, then this Lease, at the option of the lessor shall terminate and term hereof
shall end as such date as the lessor shall fix by notice, Lessee shall have no claim or interest in the
compensation received by lessor for such taking,
12. RULES AND REGULATIONS
Lessee agrees to obey all Rules and Regulations for the leased property, If lessee breaks
any rules or regulations for the leased property, lessee breaks this lease.
Lessor agrees to hand-delivery notice of any changes in said rules and regulations, Thirty
days from the date of notice said changes will be in effect,
13. LESSOR'S RIGHT TO PUT A MORTGAGE ON THE LEASED PROPERTY
Lessee agrees that lessor has the right to put a mortgage on the leased property, If lessor
has a mortgage on the leased property now, or iflessor gets a mortgage later, lessee agrees that
this lease is lower in right to the mortgage that the lessor has put on the leased property,
14. TAXES
Lessee shall pay all county, municipal and school district real estate taxes assessed and
levied against Lessee's home and personal property. Proof of payment will be provided to Lessor
upon request from Lessor. Failure to pay such taxes is a violation of the Lease,
15. CARE OF LEASED PROPERTY
Lessee is responsible for, and will take good care of; the leased property and all ofthe
property in and around the leased property, Lessee agrees to pay for any damage which is the
fault ofIessee, lessee's family and lessee's guests. Lessee agrees to move out and give back the
leased property to lessor when the lease ends.
16. ABANDONED PROPERTY
Any equipment, fixtures, goods or other property of the lessee not removed by lessee
upon quitting, vacating or abandoning the leased property, or upon lessee's eviction, shall be
considered abandoned. Lessor has the right, without notice to lessee, to sell or otherwise dispose
of the abandoned belongings at the expense ofIessee, Lessee shall not receive any of the
proceeds from the sale, if any,
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17. LESSOR'S RIGHT TO ENTER LEASED PROPERTY
Lessee agrees that lessor and people working for lessor may go onto the leased property
at reasonable times. Lessor and people working for lessor may inspect, make repairs or do
maintenance to the leased property as may be necessary for the safety and preservation there of.'
Notice of said entries will be given to lessee where time permits,
18. ACTS OF ASSEMBLY
Iflessor sues to recover possession under Acts of Assemble, non-payment of rent,
termination of this lease or for any other reason, either at the end term or sooner, lessee waives
the right to 15 or 30 days' notice required by Act of Assembly of April 28 1983. PL. 202, and
agrees to a five days' notice
19. FALSE INFORMATION
Any information that is given by lessee either by background, financial or otherwise, which
said information is used in their application approval, and is found by lessor to be false, the Lease
may, at the option of lessor and upon notice to lessee, be null and void and the lessee shall be
considered a trespasser.
20. RULES ENFORCED
The failure oflessor to enforce any rule, right or remedy, at any time, against lessee does
not operate to waive lessor's right to enforce any other rule, right or remedy.
21. UTILITY SERVICES
Lessor and lessee agree to pay for the charges for utilities and services supplied to the
leased property as follows:
ChaNe or Service:
Television Cable
Electric to Property
Telephone Service
Lawn Maintenance
Additional Parking Fee
Water Service
Refuse Collection
-Sewer Charges
Street Snow Removal
(No Driveway)
Paid Bv:
Lessee
Lessee
Lessee
Lessee
Lessee
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Lessor
Lessor has the right to turn off service to the leased property in order to make repairs or
to do maintenance or for non payment of service.
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22. WHAT HAPPENS IF LESSEE BREAKS ANY AGREEMENTS IN THIS LEASE
WHEN LESSEE DOES NOT DO SOMETHING THAT LESSEE HAS AGREED TO
DO, LESSEE BREAKS TInS LEASE,
IF LESSEE BREAKS THIS LEASE, LESSEE MAY LOSE LESSEE'S SECURITY
DEPOSIT,
IF LESSEE BREAKS THIS LEASE, LESSOR ALSO CAN SUE LESSEE FOR
OTHER EXPENSES AND MAY GO TO COURT TO REMOVE LESSEE FROM THE
LEASED PROPERTY.
IF THERE IS ONLY ONE LESSEE ON TInS LEASE, THEN THE LESSOR CAN
ONLY SUE ONE LESSEE FOR THAT LESSEE'S BREAKING THE AGREEMENTS
MADE IN TIllS LEASE.
IF THERE IS MORE THAN ONE LESSEE, THEN THE LESSOR CAN SUE ALL
LESSEES TOGETHER AS A GROUP.
LESSEE BREAKS THIS LEASE IF LESSEE:
1) DOES NOT PAY RENT OR OTHER CHARGES TO LESSOR ON TIME
2) LEAVES THE LEASED PROPERTY FOR GOOD WITHOUT THE LESSOR'S
PERMISSION BEFORE THE END OF THE LEASE
3) DOES NOT DO ALL OF THE THINGS THAT LESSEE AGREED TO DO IN
TmS LEASE
IF LESSEE BREAKS THE LEASE, EACH LESSEE AGREES TO GIVE UP THE
RIGHT TO HAVE A NonCE TO LEAVE, ALSO KNOWN AS ANonCE TO QUIT. TInS
MEANS THAT THE LESSOR MAY FILE A LAWSUIT IN COURT ASKING FOR A
COURT ORDER EVICTING EACH LESSEE FROM THE LEASED PROPERTY WITHOUT
GIVING EACH LESSEE NonCE TO QUIT FIRST, LESSOR DOES NOT HAVE mE
RIGHT TO mROWLESSEE OUT OF mE LEASED PROPERTY. THE LESSOR CAN ONLY
EnCTLESSEEBY COURTACnON.
THE LESSOR DOES NOT HAVE THE RIGHT TO SUE IN COURT FOR EVICTION
UNLESS A LESSEE HAS BROKEN THE AGREEMENTS IN THIS LEASE. EVEN
THOUGH EACH LESSEE IS GIVING UP NonCE TO QUIT, EACH LESSEE WILL HAVE
A CHANCE IN COURT TO HAVE A ruDGE DECIDE ON LESSOR'S CLAIM FOR
EVICTION,
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IF LESSEE BREAKS THE LEASE AGREEMENT, THE LESSOR MAY SUE EACH
LESSEE IN COURT:
1) TO COLLECT OVERDUE RENT, LATE CHARGES AND MONEY DAMAGES
CAUSED BY LESSEE'S BREAKING THE AGREEMENTS IN THE LEASE,
2) TO GET THE LEASED PROPERTY BACK (EVICTION),
3) TO COLLECT FOR UNPAID RENT UNTIL THE END OF THE LEASE OR
UNTIL ANOTHER PERSON MOVES INTO THE LEASED PROPERTY AS A NEW
LESSEE. .
IF LESSOR WINS A LAWSUIT AGAINST LESSEE, LESSOR CAN USE THE
COURT PROCESS TO TAKE LESSEE'S PERSONAL GOODS, FURNITURE, MOTOR
VEHICLES AND MONEY IN BANKS,
LESSEE AGREES THAT LESSOR MAY RECEIVE REASONABLE ATTORNEYS
FEES AS PART OF A COURT RULING IN A LAWSUIT AGAINST LESSEE FOR
BREAKING THE AGREEMENTS OF THIS LEASE.
23. SPECIALCONDIDONS
The Attorney General has not pre-approved any special conditions/additional terms added
by the lessor or lessee after the plain language pre-approval of this contract.
BY SIGNING THIS LEASE AGREEMENT, EACH LESSEE
AGREES THAT THE LESSEE HAS READ AND UNDERSTANDS ALL
OF THE AGREEMENTS IN THIS LEASE.
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LESSEE(S): .
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THIS LEASE HAS BEEN PRE-APPROVED BY
THE OFFICE OF THE ATTORNEY GENERAL OF PENNSYLVANIA
In the Opinion of the Office of the Attorney General, a pre-approved consumer contract meets the
Test of Readability under 73 P .5. Section 2205 of the Plain Language Consumer Contract Act.
Preapproval of a consumer contract by the Office of the Attorney General only means that
simple, understandable and easily readable language is used. It is not an approval 'of the
contents or legality of the contract.
RULES AND REGULATIONS FOR REGENCY WOODS NORTH
I. GENERAL
la, Lessee(s); members of his (their) family, his (their) visitors or servants shall not at any
time make any noise, do anything or conduct themselves in any way which disturbs any other
lessee or interferes with the rights, comfort or conveniences of any other lessee, Musical or sound
reproducing instruments or singing shall be inaudible between 10:00 o'clock each night and 8:00
o'clock the following morning. Disorderly conduct, abusive language, noisy disturbances or
disregard for the rules and regulations of the park shall be grounds for eviction,
lb. No tenant shall place or permit to be placed or maintained any sign or advertising matter
or device or any roof aerial or other structure anywhere on Lessor's property, Offering homes for
sale by placing one sign on the property is permitted. Sign must be of normal residential, real
estate size,
lc, No peddling or soliciting is permitted in the community without prior consent of
management. Lessee(s) is (are) requested to notify management immediately ifvendors are
attempting to solicit on the park premises without authorization and an issued identification card
for management
Id. Lessee must give lessor a 30 days written notice prior to moving. It is the responsibility
of the lessee to provide management with all necessary completed state or local government
forms,
Ie. Mobile homes will have the minimum dimensions of at least 60 feet long x 12 feet wide
and shall be no more than Two (2) years old at he time of entry into the community, unless
exception is granted by the management.
If. Mobile homes may not be brought into the park or removed except under the supervision
of the management. The management reserves the right to change, without notice, the assigned
space allotted to lessee for their mobile homes or vehicles, Should lessee fail to move hislher
property immediately upon request from management, then management may do so at lessee's
risk. Lessee hereby gives management the right to remove hislher property and releases
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management from any and all claims or damages which may result therefrom.
Ig, Yard sales, garage sales or any retail activity of either service or personal property will not
be permitted unless permission is granted by management. Management reserves the right to
approve/deny said sales as determined in its sole discretion,
Ih, Lessee(s) agree(s) that Lessor may change these regulations from time to time as may be
required to protect the lot or Lessor's property or add to Iessee(s) enjoyment of it. Lessee(s) will
be advised of changes in the rules and regulations at least Thirty (30) days in advance,
Ii. All business transactions are to take place during office hours. Office hours are between
9:00 a,m, and 4:30 p.m., Monday through Friday. Complaints must be in writing, signed and
dated,
Ij, Any infraction of theses rules and regulations constitutes a violation of your lease and is
ground for eviction, These rules and regulations constitute part of this lease agreement.
2, MOBILE HOME LOTS
2a, Management reserves the right to inspect lots,
2b. Skirting, as approved by management, must be placed around the home immediately upon
set-up and before occupancy of the home or within One (1) week, as approved in writing by
management. Management reserves the right to install skirting after Thirty (30) days iflessee has
not done so, Lessee will be billed the cost of installation and materials,
2c, Alterations or additions to the home or lot may not be made by lessee without prior
written approval of management. All skirtings, awnings, porches and other additions shall be
maintained in good repair. ' Such additions must match the color of the mobile home, If porches
and other additions are not maintained in good repair management retains the right to notifY
lessee that such additions must be repaired or removed. Concrete blocks are not allowed to be
used as steps,
2d, Lessee may not encumber or obstruct the sidewalks, driveways or yards, Lessee is
responsible to keep and maintain the same in a clean condition, free from debris, trash, refuse,
snow and ice. Lessee further agrees to maintain the premises so that grass or other ground cover,
excluding shrubs, trees and flowers, shall not exceed three inches in height. If a lot is neglected,
management reserves the right to take over its care and bill the lessee for the cost of maintenance,
2e. Planting of flowers, tress or shrubs must first be approved by management, due to
underground wiring and piping, All flowers, trees and shrubs that have been planted must remain
rooted, even if, lessee moves. All planting must be at least Five (5) feet away from the street to
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allow for snow removal.
2f. Fences are not pennitted, Nothing may be fastened to any trees or shrubbery in the park.
2g, All clothes lines are not allowed. Clothes trees may be installed at the rear of the mobile
home,
2h. Swimming or wading pools are not pennitted, Washing vehicles, watering grass, and other
non-essential water use is not pennitted, A fine of$20,00, per incident, will be imposed for all
water abuse,
2i. Only one storage building per lot is allowed. They must be demountable, prefabricated
storage units which are placed on concrete or wood approved platfonns, Medal sheds are
prohibited, Before erection of any storage unit is started, complete specifications describing it
shall first be submitted to management. Written approval for such building must be obtained.
2j, Antennas, i.e., TV" must be placed to the rear of the lot and must not exceed Sixteen (16)
feet above ground. They must first be approved by management
2k. Each lot must be kept neat and clean, Storage of bottles, cans, boxes, etc, and/or
equipment around the home is not pennitted,
21. Oil tanks and gas tanks must be kept painted aluminum or in a color that matches the home,
Also, oil and gas tanks must be kept free of rust. The tanks must be placed to the rear of the
home and mounted on an approved stand, Footings of cinder block or concrete may be installed
at ground level to prevent sinking into ground,
2m, Lessee shall be solely responsible to maintain tight drains to the sewer outlet, Leaking
spigots must be repaired immediately or water will be turned off. Draining or throwing of waste
water is prohibited. Do not flush anything that is not soluble, i.e., diapers, cloths, rags, sanitary
napkins or items made of plastic or rubber, down your commode or any other drain. Clogged
sewers, damage to water connection and/or electrical services must be paid by lessee.
2n. Lessee must arrange for wrapping of home pipes with thenno tape or similar material to
prevent freezing, Installation of a thennostat should also be employed, This work must be
accomplished no later than November 1 of each year. Any damage resulting from frozen, water
pipes will be the responsibility of lessee. Lessee must have main water line shut off for their home
other than the shutoff provided by the park
20, Firearms, BB guns or bow and arrows are not to be used in the park at any time,
2p. Any home which has been abandoned for Thirty (30) days or more may be entered by
management. Management will secure loose or moveable appliances, furnishings, materials or
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supplies and move the home to a storage area or other location, Lessor is not responsible for
safeguarding the mobile home or its contents.
2q. Large items, upon approval of park management, such as (but not limited to) trampolines
must be kept in good repair and not compromise the esthetic appearance of the park. Items must
be stored in a shed when not in use,
2r. There will be a $100,00 fine imposed for putting snow back into plowed streets,
2s. All homes must have the lot number visibly adhered to the street side of the home, #'s
must be a minimum of3".
3, SOLID WASTE DISPOSAL. STORAGE AND FIRE PROTECTION
3a. All garbage must be wrapped and placed in water-tight containers which are to be
provided by lessee. Containers must be kept clean inside and out and tightly covered at all times,
Place all garbage in the provided dumpsters,
3b, Large items, i.e., bedding and furniture, are not to be placed at dumpsters, Lessee shall be
responsible for hauling away such items.
3c, Material that could be a fire hazard or attract insects or rodents are not permitted to be
stored under or around a home,
3 d. First aid fire extinguishers for Class B & C fires shall be provided by each lessee and shall
be kept on the premises and maintained in working condition. All fire extinguishers must be
accessible at all times. Smoke detectors are required in all homes,
3 e, Open fires are not permitted at any time.
3f. Residents with wood-burning fireplaces or stoves may store firewood as follows:
1. We will allow only two (2) cords of wood at any given time on site, A cord of
wood measures two (2) feet wide, four (4) feet high and eight (8) feet long,
2, Wood must be stacked in a neat and orderly manner, No piles of wood will be
allowed,
3. Ifwood is cut on site, the area must be cleaned of all excess debris immediately,
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4. Wood may be stored so long as it is stacked neatly in patio areas or to the rear
of the home,
3g. Lessee is responsible for recycling bin, It will be replaced by lessor at a cost of$IO,OO,
Bin must be returned to the office when a tenant moves from the park,
4, PETS
4a, Pets are not permitted without written permission from management. Absolutely no pets
will be permitted that require outside housing,
4b, Pets which are vicious in nature, for an example: Dogs - Pit Bull Terriers, are not
permitted. Pets that are considered "guard dogs" are not permitted,
4c. Pets are not allowed to be tied outside, Pets, including cats are not permitted to roam,
4d, Dogs must be on a leash at all times. All dog droppings must be cleaned up immediately,
4e. There is a $10,00 charge, per month, for a pet. One pet per home,
5, VEmCLES
Sa. The speed limit in the community is 10 m,p.h. and must be observed at all times, We ask
that drivers use their brakes instead of their horns whenever possible,
Sb. No one is allowed to operate a motor vehicle in the community without a driver's license,
Sc, Motorcycles used in the park must take the most direct route between the entrance and
exit and may not be driven around the streets of the community, Most direct route refers to
roadway,
Sd. Operation of non-conventional vehicles, Le" minibikes, snow mobiles and go-karts, within
the community, is prohibited.
Se, Vehicles must be parked on the off-street parking spaces, Parking elsewhere is prohibited
particularly in the street or on the grassy part of the lot. Extra parking space is available, there
will be a monthly storage charge for the additional vehicle(s). Permission must be requested for
the storage of vehicles through management. Lessee must show proof of ownership, Violators
will be towed, without notice, at the owner's expense,
Sf. Immobilized or disabled vehicles are not permitted on the premises. Lessee may make
minor repairs on a vehicle on a proper parking space, but is not allowed to place the vehicle on
jacks or blocks. Performing major repairs or the draining of crankcases and radiators are
prohibited.
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5g. Any vehicle not bearing a current, valid inspection sticker and license plate may not be
kept in the community under any circumstances. The vehicle will be towed away and stored at
lessee's expense without notification.
5h, Overnight parking of commercial vehicles (3/4 ton or larger) is prohibited, except under
special written authorization from management.
5L Lessor agrees to set aside a portion of the community for the purpose of storing large
items, Le" boat and boat trailers, and campers which shall be stored at the risk oflessee, These
items may be towed at the owners expense, without notice, ifimproperly stored. Lessor shall not
be held responsible in case of theft, vandalism or other damage or loss of such item(s), Lessee
must show proof of ownership.
BY SIGNING THE RULES AND REGULATIONS; EACH LESSEE AGREES
THAT THE LESSEE HAD READ AND UNDERSTANDS ALL THE RULES AND
REGULATIONS IN THIS LEASE.
AGENT FOR LANDLORD:
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t" 14~J
DATE~ 1,"'..bKXiJ
IMPORTANT NOTICE REOUIRED BY LAW
"THE RULES SET FORTH BELOW GOVERN THE TERMS OF YOUR LEASE OR
OCCUPANCY AGREEMENT WITH THIS MOBILE HOME PARK. THE LAW REQUIRES
ALL OF THESE RULES TO BE FAIR AND REASONABLE,
"YOU MAY CONTINUE TO STAY IN THIS PARK AS LONG AS YOU PAY YOUR
RENT AND OTHER REASONABLE FEES, SERVICE CHARGES AND ASSESSMENTS
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HEREINAFTER SET FORTH AND ABIDE BY THE RULES OF THE PARK ENTRANCE
AND EXIT FEES MAY NOT BE CHARGED, INSTALLATION AND REMOVAL FEES
MAY NOT BE CHARGED IN EXCESS OF THE ACTUAL COST TO THE MOBILE HOME
PARK OWNER OR OPERATOR FOR PROVIDING SUCH SERVICE FOR THE
INSTALLATION OR REMOVAL OF A MOBILE HOME IN A MOBILE HOME SPACE,
"YOU MAY BE EVICTED FOR ANY OF THE FOLLOWING REASONS:
"(I) NONPAYMENT OF RENT,
"(2) A SECOND OR SUBSEQUENT VIOLATION OF THE RULES OF THE
MOBILE HOME PARK OCCURRING WITHIN A SIX-MONTH PERIOD,
"(3) IF THERE IS A CHANGE IN USE OF THE PARK OR LAND OR PARTS
THEREOF,
"(4) TERMINATION OF MOBILE HOME PARK,
"YOU SHALL ONLY BE EVICTED IN ACCORDANCE WITH THE FOLLOWING
PROCEDURE:
~'(1) A RESIDENT SHALL NOT BE EVICTED BY ANY SELF-HELP MEASURE,
"(2) PRIOR TO THE COMMENCEMENT OF ANY EVICTION PROCEEDING, THE
MOBILE HOME PARK OWNER SHALL NOTIFY YOU IN WRITING OFTHE
PARTICULAR BREACH OR VIOLATION OF THE LEASE OR PARK RULES BY
CERTIFIED OR REGISTERED MAIL AND/OR POSTING TO THE DOOR
"(I) IN THE CASE OF NONPAYMENT OF RENT, THE NOTICE SHALL STATE
THAT AN EVICTION PROCEEDING MAY BE COMMENCED IF THE MOBILE
HOME RESIDENT DOES NOT PAY THE OVERDUE RENT WITIllN 20 DAYS
FROM THE DATE OF SERVICE IF THE NOTICE IS GIVEN ON OR AFTER APRIL
1 AND BEFORE SEPTEMBER 1, AND 30 DAYS IF THE NOTICE IS GIVEN ON OR
AFTER SEPTEMBER 1 AND BEFORE APRIL 1 OR AN ADDITIONAL
NONPAYMENT OF RENT OCCURRING WITIllN SIX MONTHS OF THE GIVING
OF THENOTICE MAY RESULT IN IMMEDIATE EVICTION PROCEEDINGS,
"(ii) IN THE CASE OF A BREACH OF THE LEASE OR VIOLATION OF THE
PARK RULES, OTHER THAN NONPAYMENT OF RENT, THE NOTICE SHALL
DESCRIBE THE PARTICULAR BREACH OR VIOLATION, NO EVICTION
ACTION SHALL BE COMMENCED UNLESS YOU HAVE BEEN NOTIFIED AS
REQUIRED BY THIS SECTION, AND UPON A SECOND OR SUBSEQUENT
VIOLATION OR BREACH OCCURRING WITIllN SIX MONTHS, THE MOBILE
HOME PARK OWNER MAY COMMENCE EVICTION PROCEEDINGS AT ANY
TIME WITIllN 60 DAYS OF THE LAST VIOLATION OR BREACH.
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"YOU SHALL NOT BE EVICTED WHEN THERE IS PROOF THAT THE RULES
YOU ARE ACCUSED OF VIOLATING ARE NOT ENFORCED WITH RESPECT TO
THE OTHER MOBILE HOME RESIDENT OR NONRESIDENTS ON THE PARK
PREMISES,
"IN ADDITION, NO EVICTION PROCEEDING FOR NONPAYMENT OF RENT
MAY BE COMMENCED AGAINST YOU UNTIL YOU HAVE RECEIVED NOTICE
BY CERTIFIED OR REGISTERED MAIL AND/OR POSTING TO THE DOOR OF
THE NONPAYMENT AND HAVE BEEN GIVEN AN OPPORTUNITY TO PAY THE
OVERDUE RENT 20 DAYS FROM THE DATE OF SERVICE IF THE NOTICE IS
GIVEN ON OR AFTER APRIL 1 AND BEFORE SEPTEMBER 1, AND 30 DAYS
IF GIVEN ON OR AFTER SEPTEMBER 1 AND BEFORE APRIL 1, HOWEVER,
ONLY ONE NOTICE OF OVERDUE RENT IS REQUIRED TO BE SENT TO YOU
DURING ANY SIX-MONTH PERIOD, IF A SECOND OR ADDITIONAL
VIOLATION OCCURS WlTIllN SIX MONTHS FROM THE DATE OF THE FIRST
NOTICE THEN EVICTION PROCEEDINGS MAY BE IMMEDIATELY STARTED
AGAINST YOu.
"YOU ARE ENTITLED TO PURCHASE GOODS OR SERVICES FROM A SELLER
OF YOUR CHOICE AND THE P ARK OWNER SHALL NOT RESTRICT YOUR
RIGHT TO DO SO,
"IF YOU DESIRE TO SELL YOUR MOBILE HOME, THE MOBILE HOME PARK
OWNER MAY NOT PREVENT THE SALE AND MAY NOT CLAIM ANY FEE IN
CONNECTION THEREWITH, UNLESS THERE EXISTS A SEPARATE WRITTEN
AGREEMENT. HOWEVER THE MOBILE HOME PARK OWNER MAY RESERVE
THE RIGHT TO APPROVE THE PURCHASER AS A RESIDENT IN THE MOBILE
HOME PARK
"ENFORCEMENT OF THE MOBILE HOME PARK RIGHTS ACT IS BY THE
ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA OR
THEDISTRICT ATTORNEY OF THE COUNTY IN WHICH THE MOBILE HOME
PARK IS LOCATED, YOU MAY ALSO BRING A PRIVATE CAUSE OF ACTION,
IF YOUR RIGHTS ARE VIOLATED YOU MAY CONTACT THE STATE BUREAU
OF CONSUMER PROTECTION OR YOUR LOCAL DISTRICT ATTORNEY"
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VERIFICATION
The foregoing Cross Claim is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
Date: / J /.,3)00
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KOLLASAND COSTOPOULOS
t/a REGENCY WOODS NORTH
MOBILE HOME PARK,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
00-3405 CIVIL TERM
v.
CIVIL ACTION - LAW
DAVID STILL and
PAMELA KILLINGER,
DEFENDANTS
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CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania,
on the date referenced below and addressed as follows:
James W. Kollas, Esq.
Kollas & Kennedy
1104 Femwood Avenue
Camp Hill, P A 17011
Bradley L. Griffie, Esq.
Griffie & Associates
200 North Hanover Street
Carlisle, P A 17013
By: Marcus A. McKni
60 West Pomfret S
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No.
Date: November 6, 2000
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KOLLAS AND COSTOPOULOS,
t/a REGENCY WOODS NORTH
MOBll-E HOME PARK,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYL VANIA
:NO, 00-3405
v,
DAVID STll-L, and
PAMELA KILLINGER,
Defendant
:CIVIL ACTION-LAW
RELEASE
FOR AND IN CONSIDERATION of the sum of One Thousand Dollars ($1,000,00), paid
to the undersigned duly authorized agent ofKollas and Costopoulos, t/a Regency Woods North
Mobile Home Park, the receipt of which is acknowledged, the undersigned does fully release and
discharge David Still, his heirs, executors, administrators, assigns, servants, agents and employees
from the cause of action indicated above,
This Release does not stop, prejudice, or settle, in any way, the cause of action brought by
Kollas and Costopoulos, t/a Regency Woods North Mobile Home Park against Pamela Killinger,
who is not a party to this Release,
IN WITNESS WHEREOF I have set my hand and seal this L day of November, 2000,
L~~'
J,ltflles W. Kollas, Esq,
Authorized Agent for Kollas and Costopoulos, t/a
Regency Woods North Mobile Home Park
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
On this, the ~b- day of ~~, 2000, before me, a Notary
Public, personally appeared JAMES W, KOLLAS, SQ" known to me to be the person whose
name is subscribed to the within document and acknowledged that he executed the foregoing for
the purpose therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and official seaL
Notary Public
My Commission Expires:
2003
NOTARIAL SEAL
Dawn E. Barefoot, Notary Public
Twp, of Lower All, County of Cumberland
My Commission expires Oct, 16,2003
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Plaintiff
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In '!he Court of C01!IIIIon Pleas of
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David still & Famela Killinger
Defendant
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llo. 00-3495, November 9 ,nnn
Civil. Action - Law
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tJe do solelllllly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the,Constit:u~Q!l or this C01lll!!OU-
'..eal.th and that we 'rlll discharge the dudes ' fidelity.
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BERNARD L. COATES,
AWARD
We. the undersigned arbitrators. haV'ing been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are award,ed. they shall be
separately stated.)
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Date of Bearing: ;Va.. ~ 2UcO
Date of Award: tVw- %. caJO
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Arbitrator.
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BERNARD L. OOATES,
NOTIct OF ENTltY OF .\WARD
Now. the q fl day or N oVf../f\ 'ce.r . 2000. at la..!/l.. ..e.:1..
award was entered upon the docket and llotice thereof given by 1llai.1.
part:f.es or t!le:i= af:tor.1eys.
the above
to ~he
Arbitraf:ors' cDl!lpensaf::f.on to be
paid upon appeal.:
$ ~qo, 00
CwJ.o 12 iCJfj
By: ~L, rm
~tary fo"l>
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LAW OFFICES OF
ZULLINGER - DAVIS
PROFESSIONAL CORPORATION
JOEL R. ZULLINGER
14 North Main Street
Suite 200
Chambersburg, P A 1720 I
717-264-6029
Fax: 717-264-1884
zulngrlawiqlsuoemetcom
Dale F, Shughart, Jr,
of counsel
HAMILTON C. DAVIS
20 East Burd Street, Suite 6
P. 0, Box 40
Shippensburg, P A 17257
717-532-5713
Fax: 717-530-5222
davislaw@suoemetcom
ARBITRATION
CUMBERLAND COUNTY CONTROLLER
3 SOUTH HANOVER STREET
CARLISLE, PA 17013
RE: Regency Woods North M.H.F. VB. David Still & Famela Killinger
NO. 00-3405 CIVIL TERM
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DEAR CONTROLLER:
Please make the arbitration fee payable to the law firm as
on the above letterhead. As previously advised, the employer
identification number for tax purposes of the firm is 25-1530888
Thank you very much.
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Sincerely:
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Hamilton C. Davis, Esq.
For Zullinger-Davis
Professional Corporation
REPLY TO SHIPPENSBURG OFFICE
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