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Home My WebLink About02-5781COMMONWEALTH OF PENNSYLVANIA COURT ~F COMMC)N pL~ JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT cOMMO. P.ASN.. ' 77 / NOTICE OF APPEAL Not/ce is given that the appedlant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case ment/ormd below Morris Stone 2 Peiper Court ~-- ~ m~---~---~oc,~ Carlisle PA I 701 3 1 2-2-02 ~,a --~ dwalk Investments Ltd. ~ -- -- ~ Morris Stone CV I ~.g'~/ ~ .... -~ MidPenn Legal Servzce ' ' ' ' P B ~$~nti Irvine Row u~ p~~ ~nti Carlisle 1008& RC~J~ ~ ~ ~ ze P~ 1 701 3 ~E~f A~;I'~t ~e~t~ Jus~e, will ~emte asa 1~1(6) in ~ti~ ~f~ D~ict J~tice, ~ MUST o~a~ ~~ filing his NOT/CE of A~EAL. ~h~ s~t~ of f~ ~ ~ ~ ONLY wh~ ~//~t ~ DEFENDANT (s~ ~. R,C,~p. No. 1001(7) in ~ti~ befo~ DisEict J~tice. IF ~T USED, de~h f~ c~y of notice of ~a/ to ~ se~ u~ ~11~). En~ rule u~ . ~ ~ ~s) ~ , ~(s), {1) Y~ am ~ t~t a rule is h~ ~ u~ you ~ fi~ a C~inf in ~is a~ wi~in t~ty {20) deys af~ f~ da~ of ~v~e of ~is role ~ (2) ff ~ ~ ~t fi~ a c~int within this ti~, a JU~NT OF NON P~S ~LL ~ ENTERED AGAINST YOU. / / ~,OPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLA]N~ AFFIDAVIT: / hereby swear or affirm that / served · , , · n attached hereto bt~OF ~ ~FFii~ME9 AND SUSSC COMMONWEALTH OF PENNSYLVANIA COUNTY OF: COM~RRLAI'~TD 09-3 -02 HELEN B. SHULENBERGE~ ~: P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Te~epho.e; (717) 776-3187 17241 MORRIS STONE 2 PEIPER COURT CARLISLE, PA 17013 PL^INT,FF: RESIDENTIAL LEASE NAME and ADDRESS ~OA~/)WALK INVESTMENTs LTD 229 PETERSBURG ROAD AGENT TERRy KIMBALL LCARLISLE, PA 17013 DEFENDANT: VS. NAME and ADDRESS FSTONE, MORRIS 2 PEIPER COURT CA~LISLE, PA 17013 L · ~,~'ach~ent ~-roh bited/ Victim of Abuse (Act 5, 1996) []This case dismissed without preiudice' Possession granted. NOTICE OF JUDGMENT/TRANSCRIPT D~cket No.: -02 / ,~~ 11/18/o2 lDate Filed: T.T-0000150 THIS iS TO NOTIFY YOU THAT: Judgment: ~ Judgment was en'tered for: (Name) ~S..~ Judgment was entered aaainst ST~-~ ~ [] ~L.andlord/Tenant action m~the amoun;~"~"'~. ~. , ~ ,,~ ,,, in a me amount of rent per month, as establi~ k. **~.' ~. ~n ~ . (Date of Judgment) ~ ~y t,,~ u~s[nc[ JUStice, iS $ 180 00 The.total amount of the Security D~posit is $~ .00 Rent in Arrears Total Amount Established by D~ 0~ess~Security Deposit A~l~d ::$ Adjudicated Amo~8~ $ - Physical Damages Leasehold Properly ¢~ _ D~mages/Unjust Detention .0q - $_ .00 = ¢_ .00 .~_$_ - ~ .... Less Amt Due Defendant fro~ross Complaint _ $ 95.45 95.45 Interest (if provided by lease) $ UT Judgment Amount $ Judgment Costs $ Attorney Fees $ Total Judgment $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Possession granted if money judgment i o--t-~tlsf~ed by [~me of ewct~on. Possession not granted. [] Defendants are jointly and severally liable. ~-~ Levy is stayed for__ _ days or ~ generally stayed. ]Objection to Levy ~as been flied and hearing will be held: 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 FIL OF THE COURT OF COMMON PLEAS, CIVIL DIVISI~4 Tu~ ^,.,;?G A NOTICE OF APPEAL WITH THE PROTHONOTARY/ ORDER TO OBTAIN A SUPER.~Fn~z~ ..... "' .... ,,o ,,~r'~'EAL WILL INCLUDE AN APPEAL ~= T.q~ ........ CLERK OF COURT~ T. REE MONTNS RE.T A"T MUST DEPOS,T W,T. TNE MEN , ,F ANY. 'N -- ~'~'-'/~,l.L T ]Jill ARREARS ON THE DATE THE APPEAL'IS'FILi=D~] 7'---'' "~" ~uuRTS THE LESSER OF IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLV l'tlG 'A R'ESIDENTIA[ L~:ASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOT CE OF:~P~E.~~` WITH' THE PR0'I:HONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL D VISION. T~'I~.PARTY FILING A. APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDG, M :; NOTICE OF APPEAL. ~Y~C,,O~,m~ission expires first Monday of January, 2006. SEAL J BOARDWALK INVESTMENTS, LTD. Plaintiff MORRIS STONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- :5 7 ~'/ CIVIL TERM .PRAECIPE TO PROCEED IN FORMA PAUPERI,% To the Prothonotary: Date:~~9._ Kindly allow the defendant, Morris Stone, to proceed in fo~_~a ap_~p_.eris. I, Philip C. Briganti, Esquire, attorney for the party proceeding in f_foorma pauperi_s, certify that I believe he is unable to pay the costs and that I am providing free legal services to him. ~'ilip C. 13~ganti // Attorney for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 BOARDWALK INVESTMENTS, LTD. Plaintiff V. MORRIS STONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- 3'7j~/ CIVIL TERM AFFIDAVIT 1. I, Morris Stone, am the defendant in the above-captioned action, which is an appeal from a judgment rendered by District Justice Shulenberger on December 2, 2002, awarding Plaintiff possession of the mobile home lot on which I reside. 2. My rent for this mobile home lot is $180.00 per month, and it is due on or before the 1 ~t day of each month. 3. My rent payments are now current, and my next rent payment will be due on or before January 1, 2003. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Morris Stone, Defendant BOARDWALK INVESTMENTS, LTD., Plaintiff Vo MORRIS STONE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-5781 :CIVIL ACTION-LAW COMPLAINT AND NOW comes the Plaintiff, Boardwalk Investments, Ltd., by and through its counsel, Kollas and Kennedy, and respectfully represents as follows in support of this Complaint: 1. Boardwalk Investments, Ltd., is a Pennsylvania corporation, whose principal place of business is 229 Petersburg Road, Carlisle, Pennsylvania 17013, and is the Plaintiff herein. 2. Morris Stone is an adult individual residing at 2 Peiper Court, Carlislel Pennsylvania 17013, and is the Defendant herein. 3. On July 5, 2002, the Plaintiff entered into a lease with Defendant; a copy of said lease is attached hereto as Exhibit "A." 4. The Defendant has breached said lease by failing to abide by the rules and regulations of the mobile home park as provided in paragraph 17 of the lease. 5. Since July 5, 2002, Defendant has violated multiple provisions of the rules and regulations of the mobile home park at paragraph 11 of same by: a. Failing to seek or receive written approval fi.om Plaintiff for Defendant's dog, b. Allowing Defendant's dog to mn loose outside of Defendant's home, c. Chaining or otherwise allowing Defendant's dog to be lett outside unattended. 6. Moreover, Defendant has violated the lease at paragraph 8 by allowing his dog to bite a mobile home park resident; such event occurring on or about October 1, 2002. 7. Plaintiffproperly posted and/or sent notification to the Defendant setting forth Defendant's violations of the lease and rules and regulations. Moreover, Plaintiff gave Defendant notice to quit as provided by law. 8. The aforesaid multiple violations have occurred within a six-month period. 9. The case was heard before District Justice Helen B. Shulenberger, Glenn R. Farner, presiding, and judgment was entered in favor of Plaintiff on December 2, 2002. 10. On December 4, 2002, Defendant appealed to this Court. A true and correct copy of that appeal is attached hereto as Exhibit "B." 11. Plaintiffreceived service of the appeal through the mail on December 6, 2002. 12. As of December 10, 2002, Defendants continues to violate the provisions of the lease and rules and regulations as above-stated. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant judgment in Plaintiff's favor for possession of the premises, costs and such other and further relief as may be deemed necessary and proper. DATED:/g////~2 ~_. RESPECTFULLY SUBMITTED: /~James W. Kollas, Esquire Supreme Court ID 81959 Kollas and Kennedy 1104 Fernwood Avenue, Suite 104 Camp Hill, PA 17011 (717) 731-1600 ATTORNEY FOR PLAINTIFF BOARDWALK INVEST~S, LTl)., MORRIS STONE, Defendant :IN THE COURT OF COMMON PLEAS OF :CI IMBERLAND COUNTY, PENNSYLVANIA : :NO. 02-5781 : ._ -. :CML ACTION-LAW VER/FICATION I, Terry L. Kimball, President of Boardwalk Investments, Ltd., verify that the statements made in the foregoing Complaint are true and oorroct 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, relatin8 to unswom falsification to authorities. ~ Boam~lk lnveslments, Ltd. gUNNY HOLLOW ,,~.~_NUFACTURED HOUSING COMMUNITY LEASE AGREEMENT THIS LF. ASE AGREEMENT, made this ,~ day of ~ ~.~J .20~..~. is by and between Boardwalk Investments, Ltd., a Pennsylvania Corporation, hereinafter called 'Lessor' and hereinafter called 'Tenant', for Lot # ~_ in Sunny Hollow M.H.C. 1. Residents Included as Tenants: ~ DATE of BIRTH B. C. D. SOCIAL SECURITY # 2. Other adult residents or permanent guests: 3. ~RM: This lease shall start on the t. day of '"'~/-.,Y' ., 20~'~, and shall end on the ~ ( day of. V~,z/~-~, _P,C~., .20~_. Either party, without cause, may terminate this lease at the end of the initial term, or any renewal term, by giving the other party 30 day written notice. If no written notice shall be given by either party, then the terms of this lease shall be automatically renewed upon the same terms and conditions, for another month and continue on a month - to- month basis thereafter until terminated. 4. I~;}I.T; Tenant shall PaY to ~.r as rent for the initial' term hereof the sum of $~ dollars per month, . payable in. advance without setoff, deduction or demand on or before the first day of each:month. ~Tenant shall pay Two Dollars a~d 50 cents ($2.50) per day late charge for any and all rent dUe and owing af~,er the first of any month. Tenant may be required to. pay One Hundred Dollars ($100.00) per month additional rant for each adult resident whose nan~... is not on the title of the home. Rent shall be paid directly to the community owners or its' agents; ' /' Community Owner:. Boardwalk Investments Ltd. 229 Petersburg Rd Carlisle, Pa. 17013 Owners Agent: Terry or Janice Kimbell Phone: (717) 258.4119 Rent may be paid by mailing a check to the above address or by personally giving it to the owners agents or by putting it into the mail slot in the perk office door. Lessor is not responsible for any cash payments until actually received by its' agent and a receipt is written, therefore payment by check or money order is preferred. Any checks not honored by tenants benk shall result in a service charge of Thirty Dollars ($30.00) . Rent may be increased by lessor giving a 60 day notice to Tenant. 5. UTILITIES and SERVICES: A. Water. Water is one of our most important and needed resources and should never be wasted. Each home will have a water meter which will be Installed by the lessor. Each home will be allowed 4000 gals. of water per month as part of the monthly rental. Any water used in excess of the allotted amount will be billed to the Tenant a.t the rate of $ ~ ~' per 1000 gals. or any part thereof. The alive rate may be adjusted from time to time. A 60 day notice will be given to the tenants of any such increase. Tenants should be aware that the biggest water wasters are commodes which leak, faucets that drip, washing machines and outside faucets and hoses. Conservation of water is imperative. If the wells runs dry, water rationing will be .imposed. B. Sewage Disposal: Sewage disposal will be provided by the Lessor, however, it shall be the Tenants responsibility to use Iow sudsing detergents. Any damage to the Lessors septic system will be billed back to the offending Tenant. Parking of vehicles is absolutely prohibited on septic tank or leach fields. C. Trash Removal: Lessor.will provide a wheel cmt to each Tenant. Said carts must be kept behind the Tenants home and wheeled to thefront of the home trash pick-up day. Only normal household trash may be placed, in the wheel cart and all trash must be bagged. Lessor will pay for this service as part of the Tenants monthly rent. Between trash pick. up days, all trash must be stored in the wheel cads to prevent any health hazards. It will be the responsibility of the Tenant to pay for the disposal of any large items or hazardous materials. D. Any Other, ~ilitles.or Services (i.e. pOWer, fuel, phone, etc.) shall be the responsibility of the Tenant. In the unlikely event that the Lessor pays for any utilities or services which are the tenants obligation under .this lease, then the Ten. ant shall pay as additional rent a charge for such utilities and services paid for by the Lessor. III. 6..~: Lessor will not act on any complaint from Tenant, whether about the Community or another Tenant, unless said complaint is in writing and signed by the Tenant. Any complaint can be mailed to: Boardwalk Investments Ltd. 229 Petersburg 'Road Carlisle, Pa. 17013 7. ~UGGESTIONS:The Community will only be as good as those living there make it. Suggestions for Community betterment are always welcome. Any suggestion will be acted upon if possible, or a reason provided why it can not be implemented. 8. USE OF PREMISES [ The leased premises shall be used as a private dwelling only. Ail business and commercial use are prohibited. Tenant shall not use premises for any illegal purpose or commit any illegal acts thereon. Tenant shall not permit any nuisance (i.e. loud music, etc.) on the leased premises. 9. ]~ Tenant acknowledges that they have Inspected the leased premises and common areas, and that it is in habitable state of repair as the commencement of the term hereof. Tenant shall be responsible for the repair of all damages to the leased premises or any common areas caused by the willful, wanton conduct, or negligence of the Tenant or any person on the premises with the permission or the invitation of the Tenant. t0. J~enant shall not make any repairs, alterations, additions or improvements to the premises without the written consent of the Lessor. Any plantings, land .s.caplng, etc. made by the Tenant shall become the property of the Lessor and shall remain in and be ~rrendered with the leased premises at the end of the term hereof, Without disturbance, molestation,~or injury. Lessor shall make all repairs and do whatever is necessary to keep the leased premises in a habitable and fit condition, except those repairs that ~are the responsibility of the Tenant under the provisions of paragraph ft9 above. Lessor will maintain in good and safe working order all facilities supplied by or required by law to be supplied by Lessor, except as provided in paragraph t~9 above. 11. ASSIGNMENT. SUBLETTING: Tenant shall not sublet Or rent the leased premises or any part thereof, nor transfer possession or occupancy thereof to any person, partnership, or corporation or association, *nor transfer or encumber this lease agreement without prior written consent of Lessor. 12. SALE OF HOMI~: Homes maybe sold only with the:permission of the Lessor. Upon notice that a tenant wished to sell their home, to remain in the Community, the following conditions must be met: A. The home must meet any' previous home inspection requirements, that may require Ult. dated maintenance or repairs. ..~ B. The prospective .pumhaser must submit an application for residency to the Lessors, and. IV. be approved by the Lessor. C. All taxes, lot rent and other charges must be paid prior to sale of home. D. All repairs must be completed by the Tenant and approved by the Lessor prior to the new Tenant taking possession of the home. 13. ~&~lDOMli~r: Any home which has been abandoned for thirty (30) days or more, with rent owed and no notice to Lessor may be entered by Lessor who will secure loose and moveable appliances, furnishings, materials and supplies and move the home to a storage area or other location, with all expenses charged to the owner of the home. Lessor will have no responsibility for safeguarding the home or it's contents. 14. TENANT~ Tenant shall be responsible to provide insurance coverage on Tenants' home and contents while on the leased premises. Tenants policy should also protect Lessor from liability against claims of Tenants' guests and invitees. 15. TN(ES: Tenant must pay all real estate taxes levied against the home and, upon request by Lessor, must furnish proof of payment. Prior to removing a home from the Community, Tenant must obtain a tax removal permit from the local tax collector, a copy of which must be given to the Lessor. 16. ~ : If any particular term, covenant or provision of this lease agreement shall be invalid and unenforceable, the same shall not affect the remaining pr~wisions of this lease agreement which shall remain in full force and effect. -' 17. ~ RULES AM:)REGLR.A'I1OI~: Rules and regulations are attached hereto as exhibit A, and by reference here are binding as part of the lease. 18. II~IN:)RT.N~'~~BYLAW:. Act f/261 of the Pennsylvania Legislature (also known as the Mobile Home Park Rights Act) is attached hereto, as exhibit B, and by reference is made a part of this lease agreement. 19. la~ll~E~: This lease agreement constitutes the entire contact betwe~ the parties hereto and there are no other underst, andings, promises, representations, or warranties, oral or written, relative to the subject matter of this lease agreement, which shall be deemed to exist or to bind any of the parties hereto, their respective heirs, executers, administrators, successors or assigns except as set forth herein. .' '~* ~ No amendment, change or addition to this lease agreement shall be binding upon Lessor ~ Tenant unless reduced to writing and signed by beth parties. Any agreements with previous owners are superseded by this lease agreement. IN WITNESS WHEREOF, the parties hereto for good and valuable consideration, and intending to be legally bound, have entered into this Manufactured Home Site Lease Agreement on the date set forth above. LE~OR: LIST ALL VEHICLES MAKE MODEL YEAR REG. # LIST ALL PETS SPECIES ! EXHIBIT SUNNY HOLLOW MANUFACTURED HOU81NG COMMUNITY RULES AND REGULATION8 By reference therein, the following rules and regulations shell have the same force and effect as the Lease Agreement. t. Five (5) M.P.H. speed limit. 2. No unlicensed driver may operate a motor vehicle in the Community. 3. No unregistered or uninspacted vehicles allowed in the Community. 4. Any commercial vehicle, boat, recreational vehicle or utility trailer must he parked in the vehicle storage area. 5. No repairs may be done to vehicles within the Community. 5. Homes must be kept clean and orderly. Nothing may he stored outside of homes except in storage sheds. Any home that is rusting must be painted (including screws). 7. All homes must he skirted with factory made skirting - either aluminum or vinyl. Skirting must be in good repair at all times. 8. Tenants are responsible for mowing grass on their lot. If grass is over 3" inches high, Lessor will mow it -,nd charge a $2~.00 fee. 9. Tenants are responsible to remove snow from walks and parking areas on their lots. If snow is not removed within 24 hours of the end of a storm, Lessor will do it and charge a $2~.00 fee. 10. The hours between 10 P.M. and 8 A.m. are a quiet time. No music, teiev.iMon, or other noise should be audible outside the Tenants home. 11. No dogs are allowed on the premises except those that were there pdor to June 1, t997, and those dogs cannot be replaced when they pass on. Other pets must be approved by the Lessor, which approval must be in writing and will not be unreasonably withhald. No pet shall be allowed to run loose when outside Tenants home. Any nuisance caused by a pet shall be the responsibility of the pet owner to rectify. No dog may ha chained and left outside unattended. 12. Heat tapes are required to be on water pipes between the ground and the bottom of all homes between November I and March 31. It is the Tenants responsibility to Instill and maintain them. 13. Any additions to homes must be approved in advance of building by the Lessor and all applicable building permits obtained by the Tenants and provided to the Lessor. 14. No outside buming is allowed at any time. 15. Pools and hot tubs are not IXtrmittsd./* 15. All homes must be owner ocCupied. MOBILE HOME P_~i~K i~IGHTS .&CT NO. 261 AN ACT PennsYuvan,a manueactureo ~ ~ ,ous,nc assoc~at~on.\~H~! [,DBILE HCA~ PARK RIGHTS ACT No. 261 HB488 Providing for the rights and duties of mobile horne o~ers or operators ~undmobile h6me residents. The General ASsembly of the CormTonwealth of Pennsylvania hereby enacts as follo~: Sec t ion 1. Shor[ Ticie.- This Act shall be h]o~% ~und rra!' be cited as the "lbbile Home. Park Rights Act" Section 2. Definitions. - .as used in this act' '%bbile Home" means a transportable, single-family ~velling uni~ intended for per- manent occupancy and constructed as a single unit, or as t~o or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for m/nor and incidental mnpacking and asserably operations, and constructed so that it may be used without a permanent foundation. "~bbile Home Park" ff.e~ns any site, lot. field or tract of [mud, orivatels' or pub- ~icly o~ned or operated, upon which three or_more .mobile homes, occupied for ~'elling ~-~ or sleeping purposes, are or are intended to be located, regardless of whether or not a charge is made for such acccrm~dation. ~ '%bbile Home Resident" means mn o~ner o£ a mobile home w~ [ea.~es or rents space in a mobile ho~e park. The term does no~ include a person who rents or leases a rrobile t~o~.e. ".%bbile Ho~..e Space" means a plot of ~,~uund within a mobile home park designed for the acccxarodation of one mobile home. "Ren~" means gTound rent for a mobile home si~e. "Service Charges" means charges for electricity, ga~ service which is underground and piped di'rectly ~o i~dividual units within ~he park. ~rash removal, se~age and water. Section 3. EviCtions. (a) .A'~mobile home resident sh.~il only be evicted for any of the following reasons' (1) ~n-pa.%~nent o f ren r.. , (2) .~'~second or S~bsequent' riO'far, ion oi' the rules of ~he ~)btle home park occurring within sLx-month period~. .... (3) If there is ~'Change in~'~e '°£ the park land or par.'.s thereof. (4) Termination o'f'mobiie hon-e"p~rk. acc0r 'd'~nce' with t.he following procedure: '(i1) A resident shkll .~.o: be evicted by any sel£-help measure. '(2) Prior to 'the corm~acerr.ent of any eviction proceed~n%~, the .mobile home p~trk o~mer shall notify ~he mobile horre park resident in ~rith%g oi :he. particular breach or violation of the lease or park rules bt' certified or registered .~a~.. PAGE %%'O (Z) SDBILE HO.%~ PARK RIfRITS ACT No. 261 the notice shall state than an eviction (i) In case of non-pa.%rnent of rent, proceeding n~y be cixm~nced if the mobile home resident does not pay the o%erdue rent within 20 days from the date of service if the notic~ is given on or after ' ~n da,'s if given on or after September 1 smd April 1 and after .Sa~ePta~di~ 1n ~n~ o_~ before April 1 or o al n a.%~n~ ~f rent occurring within six months of the notice may result in in~ediate eviction proceedings. o · f the leu~e or violation of ~h? p.zrk .rule~,, (ii In the case of a br~acn o -:- ~h.~]! describe the :)~rtzcuia.r. preach, - '-'-! ...... a%~nent of rent. the no~ue ...... -- ---, ...... h~ ~bile nome' park resident h~ b~n notifi~ ~ r~uir~ by this s~tion, and uE~n ~ s~nd or su~ s~uent violation or breach occ~ring ~vithin six ~nths, che z~bile h~ p~k ~y ~nce eviction proc~dings a~ ~Y t~e ~vithin 60 days of the lz~t violation or breach. (c) A ~bile ~ resident sh~ll not be evicted %~'hen there is p~f that the ~les he is accused of rio[aging ~e not enforc~ %rich r~s~ct to the other ~bile h~ residents or non-residents of the p~k praises. - es ~nd Re~l~tions - The o~ner or operator of a ~bile Section 4. P~k ~1 ......... , . n~nmble l~-s mhd' re~lacions re~nablY p~k may ~t ~5' ~L~ es~abi~sn i~r m~ ~e ......... ~ - relm%~ ~o the health, or safety oz residents in %he p~k or ~o the upkeep of the p~k. 'provid~ such ~les mhd re~lations ~e includ~ in ~Y ~ri~en le~e ~d delivered existing residents ~d ~e ~st~ in g conspicuo~ ~d readily accessible place in ~he ~bile h~ park. All ~!es or rentmi changes shall be ~ifo~Y applied go a!l ~bile ~ residents or prospective ~bi!e h~ residents of the ~e ~'r s~il~ categorY. %hen the le~e or rental ~~nt is oral, the resident shall be~orovid~ ,.rich ~ritten copy of such ~les and re~la~ic"~s prior to [he o~ner's or operator's ~ccep- t~ce of ~v ini~izl de~si~, f~ or ren~. In ~ddition f ~'.' of %his act shall be ~st~ in g' conspicuo~ mhd readily accessible place in ~he ~bile ~.~e p~k ~d ~py of the follow, ina nog!ce shall be reproduced in capital typewritten letters or ten-~in~ ~l~mce print and be given %o e~ch residen~ u~n entering the Ieee. The ~les set forth here govern the te~ of yo~ le~e or. occup~cy with this ~bile ~m p~k~ ~e law r~uires all of these rules to ~ fair You ~Y ~ntinue to stay in this p~'k ~ long ~ you pay ~'o~ rent ~d other re~n~le f~s..service ch~ges ~d ~ses~nts here-inmfter ~et forth ~d abide by ~ ' "~it fees ~Y not b~ ch~ged. Installation ~d re- ~val ,~s may no%.u~.~ro~d~g S]~h Service for thd inst~,,~,,~- .... ' o~ner or operator ~o 'p ' You may be evicted for ~Y of the. fo!lowing re--ns: (1) :~n-p~}~nt"Of- rent· - .... · ' (2) A se~nd or SC~s~=ent %'i~61~%~i0a of ghe ~[es ~6f ghu ~b~le h~ p~k ~c~ring within m sLx~nth period. (3) If there iA ~'ch~ge in u.~e"~f tt~e p~k [~d or p:u~ts (4) Te~nmtion of ~bile~.h~ p~k. ,~DBILE HC~ PARK RIGHTS ACT You shall only be evicted in accordance ~vith the t'oilo~ving prucedure: (1) A resident shall not be evicted by an}' sel'~'-help measure. (2) Prior to the coranencement of any eviction proceedings, the ,mobile hOTm p~rk o~ner sh~ll notify you in ~riting of the particul~' breach or violation of the lease or park rules by certified or registered mail. (i) In th~ case of non-pa~ent of rent. the notice shall state tha[ an eviction proceeding may be coazaenced if the mobile bDme resident does not pay the overdue rent ~'ithin 20 days from the da=e of serx-ice if the notice [s given on or after April 1 and before September 1, and 30 days if given on or after September 1 and before April 1 or an additional non-pa~nent of rent occurring within six months of the giving of the notice ma.v resul[ in ifrmediate eviction proceedings. (ii) In the case of a breach of the lease or violation of the park rules, other than non-pa.~nent of rent, the notice shall describe the particular breach or violation. eviction action shall be cocrnenced unless :-ou have been notified ~s required b,:' this section, and upon a second or subsequent v~olation or breach occurring within six months, the mobile hc~rm park o;~ner may co~r. ence eviction proceedings at any tir,.e ~'ithin 60 days of the last violation or breach. You shall not be evicted ~-hen there is proof that the rules you are accused of violating are not enforced with respect to the other mobile home residents or non- residents on the park prenises. In addition, no eviction proceeding for non-pa}rnent of ren~ m~-~.v be co~nenced ugainst you until you have received notice by certified or register~~d .mai! of .~he non- pa}rnent .~-~d have been given tL-..e to pa}' the overdue ren~ 20 days fr~ the date of service if the notice is given on or after April t and before September 1, '~d 30 days if given on or after September 1 '~.~d before April 1. Ho~vever, only one notice of overdue rent is required to be sent to you during any s/x-month period. If a second or additional violation occurs ~vithin slx months from the date of the final notice then eviction proceedings mzv be imrmdiately 's~rted a~ainst you. You are entitled to purchase goods or services from a seller of .your choice and the Dark o~ner shall not restrict ~your rights to do so. If ~'ou desire to s~-!]~ your mbSile hon..e, the mobile 'hc~r~ p~rk o~mer may no~ prevent the sale and may not claim any fee"in connection there~"ith, un~ess there exists a Separate ~zitten ~rL~e.~ nt "" Ho~'ever, .the _~sb£1e holm park o~mer r~.r reserve the right to amprove "the purchaser as a r~s?ent in the mobile home park. Enforcement Of the .~,bbile Home Rights Act is by the Attorney Cenera! of the Omrmon~'eai. th of penhSvf{~a~.ia of the Distric~ Attorney of ~he county in which the'' mobile home park is l~'6atedV' yoU~maY also bring a ,~riv~te ca%~e of .%ction. if ro rights ~re' violated y°~'~·mAi{.'~c0htac~ the S.'.a~.e Bureau of 'Consumer Protection or .your 16cal D[surict AttorneY' .%~8ILE HO~'- P.~K RI(}~'S ACT No. 261 Section 5. Underskir~ing ~d Ti~du~ Wqui~.n~ - A ~bi[e h~e p~k ~rches. fences or other ~ddiciuns ~d a~er~tZon ~o uhe ex~er~,,r ins~e ~ha~ safe~y ~d ~ appe~ce uf ~he nobile ~z~" pa~k, bu~ ,~der no s~ces ~' a residen~ ~ r~uirc~ ~u p~ch~: s~ch ~lu[}~en~ fr~ ~ supplier des~ma~ by ~he p~k o~ner or opera,or. shall be fully disclosa4 in ~ri[ing ~o a r~:=[den% prior [u ~he o~ner ur opera,or - accep~ce of ~y initial de~si~, f~e or ren[. Fail~u'~. ~,~ disclose such ren[. ~ervice charges ~d asses~n~s shall ~-ender [h~ void ~%d m~force:d31~- in %he o~ the ~nweal~h. Incre~es in sur. h ren~, fees, s~.rv[.~=- uh~ge.~ mhd ~ses~n[~ days ~f~er no,ice ~her~,: h~ been ~s[ed in ~h= ~b! ~- shall be mnenforceable ~[il 30 · ~e~ of ~he lem~e. n'av res~ric~ ~he m~king of ~}' in~erior ~p~v~nts in a ~bile hore ~ long ~ . buiiding ~.,,d~.~ ~d o[hev provision= u,.p.o~ ........s ~ in c~pli~]ce wi~h applicable law; no~' .c'ay he res~ric~ ~he ins~a!ia:ion. ~ervice or m~3in~enmncc' of ~,m electric ,~r appli~ce in a ~bile h~e or ch~ge ~y few Ior such i. ns~a![a%ion mn~ess ~he re... :'%': ~he ac:ual cos% ~o ~he ~bile h~e p~k o~n~r or opera~,.,:' ,~f such ins:~la~ion o~' irs Section S. ~%~r~ce ~d Ex~[' Fees - En~r~ce ~d =xi[ fees n'~y no[ be ch~'g~. r~val .~:' a ~bile hc~e in a aDbile h~ space sb~!i no~ exce~ '~he actual c:~s~ %,~ ~bile h,~e p~k o~ner or opera~or for p~ iding such s=:'v[ce. Sdih f~s shall be ~'e:~d- abl~e ~o %~.e. residen~ a'r :~'~he:.~Lme of r~Val kn ~he even'~ ~hat ~he ~e:' or opera~or ~o r~over ~ssess~on Oi"'-said 'space for re~ns o~her ~h~ hon-pa~en~ of ren~ or u ...... of ~' condition of ~he le~e Within One ye~ of ~he ~i~ial installation ,)[ such ~bile h~. Faille ~o ref~d such' f~s ~ provid~ shall entitle ~he ~n~ ~o r~over ~he'ir ~mn: plus co~coS~'s ~d re~nabie a~orne~' fee~. ' ~' I~si:i'O~ of :his :~Te oi en~r~ce fee shall~ .no~ b~ ~he ~bile p~k ~ner or opera~or f~ ~r~uiring a s~,~i~' de~si~ in accor~ce wi~h ~he ac[' ' '?~ Secci6n 10 '. ' '~:~'- In accor~nce wi~h a residen~'s righ~ ~.o [nv~e ~o' h~.~ n~h~ vLsitors or ~esc'S~.. fr~uen~ly"r~n overnight, for cestdunt k~l p~ses ~ ~o Lnc?~e ~he'n~ber'of p~rsons ~z,J~1)- l~ving in saLd mni~. the o~er or of a ~btie h~ p~k ~)' revise ~he r,¢n~ due co ~nfo~ ~(, ~he .rcn~ patti b~.' other PAGE FI$72 (,5) ~DBILE HO.%fK P.-~J{K RI(S-ITS ACT No. 261 Section 11. Sale o.~ .~,bbile homes - Any :,.'1=. regulation or ~ndi~ion o[ a le~e p~rtin~ to prevent the sale of ~ ~bile bx~ belonging to a resident s~ll be %Did ~d ~enforceabl= in ~he co,ts of the ~nweal[h. ~e ~bile home p~k o~ner or operator may reserve the right to approve the p~ch~er of said ~bile h~ as a resident. bu~ such approval ~y not be ~re~ngbly %vit~eld. .~y cla~ for g f~ or c~ssion in conn=c~io~ with ~he sale of such ~bile h~'~ shall be void ~d ~nenforce~le ~le~ :he cla~: shall in i'ac: have act~ ~s a ~na fide ]icens~ nDbi]e h~ sales ~en: for the ~bile h~ o~ner p~su~ co s,~})~c~ ~Ti~en a~eer~n~. Sec:ton 12. Waiver of Rights - The rights and duties of m~bile home park o~uers and operaco:'s and the ~,bilc i:o~ residents .."~',y no: be waived bi' any provisions o£ a ~Titten or oral akq'ee~en[. .Any such aA~ree~..~nt at:e~ptin~ r.o lLmit these rights shall be void and unenforceable in :h~'cour:s of the C~n~Dn;vealLh. Sec~i:jn 13. Dm~qges - .ami' mobile home. park u,.~ner, uper.',cor or residen~ a?,~Tieved by a violation of [heir rights under this nc~. ma!' institute a priva:e cause of action to recover dam~us, or for treble dam:~ges ';,'hen so pr~dvided in this act, or for restitution in any appropriate court of initial jurtsdicr, ion within ~i~e Co~.nan:.~'ealch. Sec: :on 14. Rescrai~{ing Prohibited Acts - %',~nen~ver.ci~e Attorney Cenera! or a Dis[rice Ac%orney h~ rein ~o believe chic m~y per~n is using or [s ~u~ co use ~my ~hod. ~c~ or practice decl~ by ~hi= ~c~ ~o be prohibitS, mhd ~ha~ proce~- ings would be in [he pub!'ic in~eresc, h~ m~y oring mn action [n [he n~ of che ~n- ~vealch ~ainsc such per~n ~o res[rain by c~or~'y or pe~zmenc injmnc~ion ~he use of such ~kod, act or or~c~ic~. -' ~.~ion 15. Enforc~en~ -~%e A~orney Cenerai shall have ~h~ :~ver ~d ic shall be his dusy ~o enforce ~he urovisionS of. ~his act. bu~ in no even~ sh~a!! mn individual ~ prohibited ~r o~he~.vise res~ric~ fr~ initialing ~ priva%e c~e of action p~su~ ~o ~y righ~ or rc~r~y c0nfePr~ by ~hi~ Sec[ion 16. Re~a!{~f6ry Evic[io~ ' .~y action by a ~bile h~e p~k o~ner or opera,or [o re~ver ~ses~ion of real'.'~per%y fr~ ~ ~bile h~ p~k residen~ or tu ch~ge ~he !e~e wi~:~" si~ ~n~hs~ of"~~ residen~'s ~ser~ion of his rights ~der ~his ac~ or tony o~her legal ri~c shai1 ~'raiSe a pr~cion ~ha[ such action ~ns~i~u%es a retaliatory ~d ~la~ful:'~vic~ion by~t~ o~ner or operator ~d is in violation of ~his act. Such a pres~iOn:~y be rebu~edby c(~eten~ evidence presen~ in ~y app~pri~te co~ of initial j~isdiu~ion with the ~n,~'eal[h. Se[lion 17. E~f~'~+e~ D~te - ~i2~ac~ shal[ ~e eff~ in 60 d~ys. ~ _ '.:~ .- ........ ~..:- :o: '~"' '" :~'A.D. 1976 :: :. :~:.. ... .~ -~-._.... : · COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT cO..,-' ' ,.,,,. ": ' - r/.?:"/. NOTICE OF.APPEAL :'" '". i. '. ....... · ..,',;:..':,:..'.:~,y.?.~'~ <,~ / -..~: · ' . · ~. "" . ~ '..h:-' '. ' ~'*' '-~l :.u,¥- No~:e is ~ ~ ~ q~p~k~t ,~s filed ~,, tt~ at~,~ Co,.t of C~''~ P~,~ '~' ""P~ f,~ .~ 'i~ .'".,d~-d ~ ~ ~.~'~%." ':' ~'' '~'~'~'*'~'~",_~_. _._ ~.. :.'[' ./:.' ' :~ ~:.', :~.'...~.~ . I .1 . . . . :,. ~, ....~.; .. m~ S~ ~ ~ m ~ ~ ONLY ~ ~ll~t ~ ~FENDANT (s~ ~. ac.p.j,p. NO. 1~1(71 in ~tim' ~f~e ~ J~{~:,)~:.; ~ IF NOT. USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prott~x)tory Enter rule upon Boardwalk Invegt~ent~ Ltd , appellee(s), to file a complaint in this ~-:~.~-. (Common Pleas Nc~ d ~ ° 59 f / )within twenty (20) days after .~¢, of rule or suffer ~ntry of judgment of RULE: To Boaz'dvalk Investments, Ltcl. ,cq:pellee(s). ':' i'i!::!'}"i.. (I) You are notified that a rule is hereby entered upon you to file a complaint in this appeal w;thin tNMm7 (20} days after the date of service of this rule upon you by personal service or by certified or registered rna1. - . . '...'.' .,,.?. -': (2) ff you do not file a complaint within this ti~e, a J~NT OF NON PROS WILL BE ENTERED AGAINST YOU. ' :"-' '-:..., (3) The date of service of this rule if service was by mail is the date of mailing.//~ · ~ · -~C'~ ~ -.~r~ . .. ~. ~.. COPY TO BE SERVED ON APPELLEE .... AOPC 312-90 BOARDWALK INVESTMENTS, LTD., Plaintiff Vo MORRIS STONE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-5781 :CIVIL ACTION-I,AW CERTIlVICATE OF SERVICE I, James W. Kollas, of the Law Offices of Kollas and Kennedy, hereby certify that I have this .//~day of December, 2002, served a tree and correct copy of COMPLAINT by depositing same in the United States mail, first class, postage prepaid, addressed to the following: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 LAW OFFICE OF KOLLAS AND KENNEDY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (I0) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF. ~...q' 4~ ~.~'/,~ :ss AFFIDAVIT: I hereby swear or affirm that I served ~copy of the Notice of Appea~, Common Reas No ~_ ~/ upon the District Justice des~qnated th '' (date of service).~.~ ~ . .... ' ..... ~m : .... erelnon Cece pt attached her;~;' a~ :~%~;"-2;~;~ ' ~ Dy~ers~l s?vlce ~ by (certified)(~ail sender'~ ~~¢-~_ , _~ ~ ~ by personal service ~(certified) ~~ai¢, sender's recei t attacheB"~eret d further that I served the Rule to Fite a Com~lai*' ...................... P o, ~ m avgumpaHyiug Jne aDeve ~o[ice of ~ppeal upon [he appellee(s) to whom the Rule was addressed on ...()¢¢~c_~t...~¢~~ ........... ~ by personal service ~ (cedified)'~ mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME . ~¢~ . . / l~y corn 'n ssior! exp~:;s on BOARDWALK INVESTMENTS, LTD., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. : : CIVIL ACTION - LAW MORRIS STONE, : NO. 02-5781 CIVIL TERM Defendant : PETITION FOR RELEASE OF ESCROW FUNDS COMES NOW the defendant in the above-captioned matter, by counsel, Philip C. Briganti, Esquire, MidPenn Legal Services, and respectfully petitions this Court as follows: 1. This action is an appeal from a district justice judgment awarding Plaintiffpossession of a mobile home lot which Plaintiff leases to Defendant. 2. Pursuant to Pa. R.C.P.D.J. No. 1008(B), in order to obtain a supersedeas as to the judgment for possession, Defendant has paid into escrow with the Prothonotary of the Cumberland County Court of Common Pleas rent payments totaling $180.00. 3. The parties have agreed that this action shall be discontinued and that all funds held in escrow by the Prothonotary shall be released to Plaintiff. WHEREFORE, the parties request that this Court order that the Prothonotary of the Cumberland County Court of Common Pleas release to Plaintiff all rent payments paid into escrow in this matter. Date Respectfully submitted, Philip C. B~ganti Counsel for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 BOARDWALK INVESTMENTS, LTD., Plaintiff MORRIS STONE, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-5781 CIVIL TERM ORDER FOR RELEASE OF ESCROW FUNDS AND NOW, this [ ? ~'~ day of January 2003, upon consideration of the Petition for Release of Escrow Funds filed in the above-captioned action, it is hereby ORDERED that the Prothonotary of the Cumberland County Court of Common Pleas release to Plaintiff all rental payments held in escrow, and forward said funds to the following address: Boardwalk Investments, Ltd., Attention: Terry L. Kimball, 229 Petersburg Road, Carlisle, PA 17013. Edward E. Guido, Judge James W. Kollas, Esquire Counsel for Plaintiff Philip C. Briganti, Esquire Counsel for Defendant O~ O0 0 O(J OC) .~(l) O~ o o ~q o o o o c,~ o o iD-- 0 0 i~ CO CO o (D 4-) ~ G 0 ~ U ~ 0 ~ 0 0 ~ 0 ~ 0 o o o 00 ~-I o0 4~ 0 O~ ~ 0 _Lno-ew~o BOARDWALK INVESTMENTS, LTD., Plaintiff Vo MORRIS STONE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-5781 :CIVIL ACTION-LAW only). PRAECIPE TO DISCONTINUE ACTION To the Prothonotary: Please mark this action discontinued as to all defendants (upon payment of your costs ,/J'~'nes W. Kollas, Esquire Supreme Court ID 81959 Kollas and Kennedy 1104 Fernwood Avenue, Suite 104 Camp Hill, PA 17011 (717) 731-1600 ATTORNEY FOR PLAINTIFF Philip C. [ff~ganti, Es~ire Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ATTORNEY FOR DEFENDANT Dated: Dated: