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HomeMy WebLinkAbout03-0580Johnson, Duffle, Stewart & Weidner By: Robert M. Walker I.D. No. 86340 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff WILLIAM CHRISTINE, Plaintiff DEER RUN APPALACHIAN CAMPGROUND, LLC, HARRY T. EDMUNDSON, TIMOTHY SCO'I-r McDONALD, JEFFREY L. PETTIT, NORMAN B. SLATER, JR., ERNEST E. MIZE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C)3-' CIVIL ACTION -~,E,~(~'i~-iLI~ NOTICE TO DEFEND To the Defendants: 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 is served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 : 167623 Johnson, Duffle, Stewart & Weidner By: Robert M. Walker I.D. No. 86340 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff WILLIAM CHRISTINE, Plaintiff DEER RUN APPALACHIAN CAMPGROUND, LLC. HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, : JEFFREY L. PETTIT, NORMAN B. SLATER, JR., : ERNEST E. MIZE : : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02. ,¢zo CIVIL ACTION - EQUITY AND NOW, this g't"~'day of February 2003, comes the Plaintiff, WILLIAM CHRISTINE, by and through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. Plaintiff William Christine is an adult individual of seventy-two (72) years of age who is presently homeless but whose last known residence was at Lot No. 7, Deer Run Campground, 111 Sheet Iron Roof Road, South Middleton Township, Gardners, Cumberland County, Pennsylvania. 2. Defendant Deer Run Appalachian Campground LLC is a limited liability company organized under the laws of Pennsylvania, with its registered office located at The North American Building, Suite 1600, 121 South Broad Street, Philadelphia, Philadelphia County, Pennsylvania. 3. Defendant Deer Run Appalachian Campground LLC is the owner of a camping and mobile home residence property commonly known as Deer Run Campground, located at 111 Sheet Iron Roof Road, South Middleton Township, Gardners, Cumberland County, Pennsylvania, a copy of the deed for which is attached to this Complaint as Exhibit A. 4. Defendant Harry T. Edmundson is an adult individual residing at 937 Price Street, Traine Delaware County, Pennsylvania. 5. Defendant Harry T. Edmundson is a principal in Deer Run Appalachian Campground LLC. 6. Defendant Timothy Scott McDonald is an adult individual residing at R.D. #4, Box 326, Martinsburg, West Virginia. 7. Defendant Timothy Scott McDonald is a principal in Deer Run Appalachian Campground LLC. 8. Defendant Jeffrey L. Pettit is an adult individual with an address in care of Phelan, Pettit & Biedryzycki, The North American Building, Suite 1600, 121 South Broad Street, Philadelphia, Philadelphia County, Pennsylvania. 9. Defendant Jeffrey L. Pettit is a principal in Deer Run Appalachian Campground LLC. 10. Defendant Norman B. Slater, Jr. is an adult individual residing at 1531 Stone Mill Drive, Elizabethtown, Lancaster County, Pennsylvania. 11. Defendant Norman B. Slater, Jr. is a certified Constable within the Commonwealth of Pennsylvania. 12. Defendant Ernest E. Mize is an adult individual residing at 543 Hamilton Road, Cochranville, Chester County, Pennsylvania. (For the remainder of this Complaint, all Defendants are collectively referred to as "Defendants", and individually as "Defendant") Facts - Plaintiff's Ownership and Occu_r)ancy of Property 13. On September 24, 1998, Plaintiff obtained ownership interest in Defendant Deer Run Appalachian Campground, LLC from Defendants Edmundson, McDonald, and Pettit, as partial consideration for approximately Fifty Thousand ($50,000.00) Dollars that Plaintiff invested in Defendant Deer Run Appalachian Campground, LLC, said investment being in the form of improvements made to the Deer Run Campground property. A copy of the Operating Agreement for Deer Run Appalachian Campground, LLC is attached to this Complaint as Exhibit B. 14. By virtue of Plaintiff obtaining ownership interest in Defendant Deer Run Appalachian Campground, LLC, Plaintiff obtained ownership interest in the Deer Run Campground property. 15. Plaintiff is the owner of a 1999 Royal Voyager mobile home. 16. On or about June, 2000, Plaintiff located said mobile home upon Lot No. 7 of the Deer Run Campground property and began occupying said mobile home and Lot No. 7 as his sole and permanent residence and domicile. 17. Plaintiff initiated said occupancy pursuant to an oral lease agreement between Plaintiff and Defendant Deer Run Appalachian Campground LLC, by and through Defendants Edmundson, McDonald, and Pettit, as additional consideration for Plaintiff's aforementioned improvements to the Deer Run Campground property. 18. On or about April, 2001, Defendant Deer Run Appalachian Campground LLC, by and through Defendants Edmundson, McDonald, and Pettit, appointed Plaintiff as manager of the day to day operation of the Deer Run Campground property. Facts - Removal of Plaintiff From Pro_r)ert¥ 19. On October 8, 2002, Defendant Slater, through his attorney Darrell N. VanOrmer, Jr., issued a letter of intent to Defendant Pettit, setting forth various terms and conditions under which Defendant Slater would agree to enter into a lease / purchase agreement for the purpose of assuming ownership of the Deer Run Campground Property. 20. Among the conditions set forth in the aforementioned letter of intent was the requirement that Defendant Deer Run Appalachian Campground, LLC terminate Plaintiff's position as manager of the Deer Run Campground property, that Plaintiff be physically removed from the Deer Run Campground property and that Plaintiff's residency and domicile thereof be terminated. 21. On or about November 26, 2002, Defendants Edmundson, McDonald, and Pettit terminated Plaintiff's position as manager of the Deer Run Campground property, in violation of the terms of the Deer Run Appalachian Campground LLC Operating Agreement. 22. On or about November 26, 2002, Defendants Edmundson, McDonald, and Pettit appointed Defendant Ernest Mize as manager of the Deer Run Campground property, a position that he continues to hold as of this date. 23. On the morning of January 24, 2003, Defendant Deer Run Appalachian Campground LLC, acting through Defendant Jeffrey L. Pettit, issued a letter to Defendant Mize (a copy of which is attached to this Complaint as Exhibit C), authorizing Defendant Mize and Defendant Edmundson to physically remove Plaintiff from the Deer Run Campground property. 24. Concurrent with the issuance of the letter to Defendant Mize outlined above in Paragraph 23, Defendant Pettit orally instructed Defendant Mize and Defendant Pettit to physically remove Plaintiff from the Deer Run Campground property. 25. On the afternoon of January 24, 2003, Defendant Mize and Defendant Slater came to Plaintiff's mobile home on Lot No. 7 accompanied by a Pennsylvania State Police Trooper, for the purpose of physically removing the Plaintiff from his mobile home and from the Deer Run Campground property. 26. In order to induce said Trooper to facilitate the Plaintiff's removal from the Deer Run Campground property, Defendant Mize and Defendant Slater presented to said Trooper a written document entitled "Notice of Eviction", signed by Defendant Slater in his capacity as a Pennsylvania State Constable, a copy of which is attached to this Complaint as Exhibit D. 27. Immediately upon serving said Notice of Eviction upon the Plaintiff, Defendant Mize and Defendant Slater, with the assistance of said Trooper, physically removed Plaintiff Christine from the Deer Run Campground property. 28. At the time of Plaintiffs removal from the Deer Run Campground property, Plaintiff informed said Trooper, Defendant Mize and Defendant Slater that Plaintiff held an ownership interest in the Deer Run Campground property, that Plaintiff was in addition to being an owner of the Deer Run Campground property also a tenant and permanent resident of the Deer Run Campground property, and further informed said Trooper and Defendant Mize and Defendant Slater that Plaintiff asserted his rights under the Pennsylvania Landlord and Tenant Act of 1951 and the Pennsylvania Mobil Home Park Rights Act. 29. At no time have Defendants resorted to the use of legal process for the purpose for removing Plaintiff from the Deer Run Campground property. 30. Defendants have failed to comply with the requirements of the Pennsylvania Landlord and Tenant Act of 1951. 31. Defendants have failed to comply with the requirements of the Mobil Home Park Rights Act. 32. Prior to Plaintiff filing the within action, Plaintiff, through the undersigned attorney, contacted Defendants through Defendant Pettit, urging Defendants that Plaintiff be restored to residency and domicile at the Deer Run Campground property, and for Defendants to use proper legal Process if Plaintiff's removal from the property was desired, but Defendants have thus far refused to do so. 33. To date, Defendants have failed and refused to restore Plaintiff with exclusive peaceful possession of Lot No. 7 of the Deer Run Campground property and have denied Plaintiff free access to the Deer Run Campground lands and facilities. 34. To date, Defendants have failed and refused to restore Plaintiff of exclusive peaceful possession of his mobile home. 35. To date, Defendants have failed and refused to restore Plaintiff with access to his personal property and essential personal belongings located upon the Deer Run Campground property. 36. Plaintiff has been unable as of yet to relocate under the circumstances described above. 37. Plaintiff has been unlawfully removed by self-help means from the Deer Run Campground property, in direct violation of the Landlord and Tenant Act of 1951, the Mobil Home Park Rights Act, and the laws of the Commonwealth of Pennsylvania guarantying due process. 38. Plaintiff has been deprived of free access to and use of his personal possessions and property, including but not limited to, his mobile home and its contents, his vehicles, his power and hand tools, his power equipment, and other sundry items. 39. Defendants have unlawfully converted and / or disposed of Plaintiff's personal belongings and personal property in an unauthorized and illegal fashion. 40. Defendants conduct as described herein has been, and continued to be, egregiously intentional, willful and malicious, and in open and direct violation of the laws of the Commonwealth of Pennsylvania, such as to shock the sensibilities of a society governed by operations of law. 41. Defendant Slater has used his position as a Pennsylvania State Constable, under color of law, for the purposes of personal economic gain in removing Plaintiff from the Deer Run Campground property. 42. As a direct and proximate result of Defendants ongoing refusal to restore peaceable and exclusive possession of Lot No. 7 of the Deer Run Campground property to the Plaintiff, refusal to otherwise permit Plaintiff with access to the Deer Run Campground property and facilities, and refusal to restore Plaintiff with peaceable and exclusive possession his personal belongings and personal property, Plaintiff has suffered, and will continue to suffer, immediate and irreparable harm. Such harm includes, but is not limited to: a. Gross disruption of his family life; Mental anguish to Plaintiff caused by the deprivation of basic needs, including food left in the refrigerator and cabinets of the mobile home; c. Embarrassment and humiliation; and Loss of security for Plaintiff due to the fact that he has been forced to leave his residence and is uncertain as to whether his personal belongings and personal property may have been removed from Plaintiff's mobile home and / or the Deer Run Campground property, destroyed, or otherwise disposed of or converted. 43. Plaintiff has no adequate remedy at law. 44. Unless the court exercises equity jurisdiction and grants the relief prayed for herein, Plaintiff will continue to suffer immediate and irreparable harm. WHEREFORE, Plaintiff prays that Your Honorable Court: 1. Pursuant to Pa. R.C.P.No.1531(a), issue an ex parte special injunction confirming Plaintiff's right to an immediate peaceful and exclusive possession of Lot No. 7 of Deer Run Campground facility together with free access to the Deer Run Campground property and facilities and free access to all of Plaintiff's personal belongings and personal property located on the Deer Run'Campground Property, and directing Defendants to forthwith grant access by Plaintiff to said Lot No. 7 and the Deer Run Campground property and facilities, and free access to all of Plaintiff's personal belongings and personal property, including the right of Plaintiff to remove any and / or all of Plaintiff's personal property from the Deer Run Appalachian Campground property, all prior to required written notice of these proceedings to Defendants. 2. After hearing to be held within five (5) days [or by such other date as the Court shall determine pursuant to Pennsylvania Civil Procedure Rule 1531(d)], grant a temporary and then permanent injunction, and enjoin Defendants from disturbing Plaintiff's right to the exclusive and peaceful possession and quiet enjoyment of Lot No. 7 of the Deer Run Campground property with free access to the Deer Run Campground property and facilities until such time as Defendants have first sought and obtained removal of Plaintiff through appropriate legal process in compliance with the laws of the Commonwealth of Pennsylvania. 4. 5. 6. Following hearing, award Plaintiff compensatory damages. Following hearing, award Plaintiff exemplary damages. Following hearing, award Plaintiff punative damages. Grant such other relief as the Court deems fit. :167628 Respectfully submitted, JOHNSON, DUFFLE, ~ATiDNER RobelO¢l~l. Walker Attorney I.D. No. 86340 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff VERIFICATION I, WILLIAM CHRISTINE, hereby 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 made herein are made subject to the penalties of 18 Pa. C. S. A. §4904, relating to unsworn falsification to authorities. William Christine Exhibit A ~, 3~,IBL fiLM;~ COUNT~-i, DEED, is made the/7~day of May, 1996. BE~EN, L. EDW~D MOYER, II, a single man of Cumberland County, Pennsylvania (hereinafter called "Grantor"), -AND- DEER RUN APP~LACI{IA.N CANIPGROI3~q), L.L.C., a limited liability company organized and existing under the laws of the Commonwealth of Pennsylvania (hereinafter called "Grantee"). IN CONSIDEI~TIONof the sum of Ten Dollars ($10.00), plus other good and valuable consideration, receipt of which .from Grantee is hereby acknowledged by Grantor, the said Grantor does hereby grant and convey to the said Grantee, its successors and assigns, all of his undivided one-half interest as tenant in common (not as joint tenant with right of survivorship) in the following described real property: A~L that tract of real estate with improvements, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. %: ADJOINING lands of James A. Miller, hereinafter referred to as Tract No. 2 and 3, land of the South Mountain Land Company, and others, containing 7 acres, more or less; the said land being the same which Charles W. Otto and Sallie A. Otto, his wife, by their deed dated the 4th day of June, 1907, sold and conveyed to James A. Miller in fee. TP,%CT NO. 2: BEGINNING at a point, the corner of lands formerly owned by Z.T. Meixel and lands formerly owned by C.W. Ahl; thence South 49 degrees East 68 perches through a tract of which this tract was originally a part, to a post; thence by lands formerly of C.W. Ahl and D.V. Ahl, South 40 degrees West 68 perches to a post; thence by Tract No. 3, hereinafter described, North 49 degrees West 71.5 perches to a post; thence by lands formerly of C.W. Ahl, North 49 degrees East 23 perches to the Place of BEGINNING. CONTAINING 10 acres, more or less. TRACT NQ, 3: BEGINNING at a point, the corner of Tract No. 2, hereinbefore described; thence by land formerly of C.W. Ahl, South 49 degrees West 27.5 perches to a post; thence by lands formerly of C.W. Ahl and D.V. Ahl, South 49 degrees East 74 perches to a post; thence by the same, North 40 degrees East 27.5 perches to a post; thence by Tract No. 2 hereinbefore described, North 49 degrees West 71.5 perches to a post, the Place of BEGINNING. CONTAINING 12 acres, more or less. BBING the same premises that Laverne E. Moyer, by Deed dated March 30, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book G, Volume 33, Page 273, granted and conveyed unto Laverne E. Moyer and L. Edward Moyer, II, Grantor herein, as tenants in common and not as joint tenants with right of survivorship. Laverne E. Moyer departed this life on August 19, 1992, vesting title to his tenant in common interest in the Estate of Laverne E. Moyer, deceased. AND the said Grantor covenants and agrees that he will specially, warrant title to the real property interest hereby conveyed, subject nevertheless to all liens and encumbrances of record on the date hereof. ~N~~EOF, the said Grantor has set his hand and seal the day and year first above WITNESS: written. -2- COMMONWEALTH OF PENNSYLVANIA : COUNTY O F ~ ~.C I"/ ~z'¢'I~ //4,,'~'~ SS. On this, the /7 day of May, 1996, before me, the under- signed officer, personally appeared L. EDWARD MOYER, II, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. iTNESS WHEREOF, I hereunder set my hand and official seal. I hereby Certify that the precise address of the grantee herein is Attorn~ for ~rantee Commonwealth of PennsylvaHia : : SS. County of Cumberland : Reoordmd in the office for Recording of Deeds in and for Book i ,~lL~l No. in Deed Witnsss my hand and seal of Office this ~ day of~%3~q-~ Anno Domini 1996. Recorder Exhibit B '."-*. ~ '~ O_Dw_~W_~_TING -~RE~R, NT of D~R R~ ~PAT,~HI~ ~GRO~, tLC ~"~ ....... ~"~ dated .n= ~ Ap~! ~ 1996 '~ agreed uo by the Mambers (as defined below). ARTI~E I ORGANIZATION 1.1 Formation. The Company has been organized as a Pennsylvania ===bl&zuy company by the filing of a Certificate of Organization with the Department of State of the Pennsylvania Limited Liability Company Act of 1994, 15 Pa.C.S. Section 8901 et seq. 1.2 Name. The name of uhe Company is "Deer ~un Appalachian Campground; tLC" and all Company business must be conducted in ~ : ~'~ c"~e .... The ...... '~'"~ ....... ~-,a ~,~== u .... ~boU, No£'~n ~c~er~can Building, 121 South Broad Street, Phi~ado~ph~ D~nn~v]v~n[a 19107 Th~ principal office - ' ~ -=-~ -' I!I "- ~ ~ ~,=,=~ ~u,, ~x~a~, Gardeners, Pennsylvania. "= in_ Company may have such other offices as the Members ma], designate from time to time. 1.4~oses. The Company is organized to acquire, ~.~-===- a private campground and shall not conduct any business which is not in furtherance of such purposes or incidental thereto. i,~ NO Partnership. '~h.-. ~,~--.-,..~--.~..-~ 4.-.+m~.4 that th9 venture, and that no Hember be a partner or joint venturer of any other Member, for any purposes other than Federal and, to the ~:~~=:~ ~=~,~,~='~, tax [~urposes, and "'--~' ...... not be construe~ to produce a contrary result. ARTICLE II = I Init±al ~-,-~herS. T..-..~ .... =~L'--,=~ ~'~-::b=_~.-, u~-'~ 5ne Company are ,~n.= persons executing this Ac. reement as members, each of 2.2 Re~t._-i~ti~n~ On Tr~--f~r Of Interests. No. M~mb~r ~.~,~, ~ any m~=r, o=~, transfer, donate, --:--- otn~=w=~e GiSDOSe Of (each such transaction being referred to as (a% The selling Member shall first offer to sell his {o~ 'i'na ramaining ,~ .... ~ ~,~.==u shall have 5i%lrEy (30) days interest The interest ~o purchased oha=~ be allocated amonq the Me~ers electing to purchase ~n ~~n ~n eh=i~ ~=~p~tv= interests in the Company. (c) If the selling Member offers to sell his interest within five (5) years of the effective date of 5his Agreement, nhe purchase price shall be eighty per cent (80%) of the Appraised Value of the HeF~er'~ interest (a~ determined pursuant to Section 2.4 of this Agre~ent). If the offer to ss!! is mad~ after Five (5) years of the ==[eculve date of tais Agreement, the purchase price of the Member's interest shall be the 2.4 of this AgreemenE. Drovided that the ADDraised Value has been d~L~rmiaed, the pu~'cha~e pi'ice within six months of the determination of the (e) if no Member eiecus no purchase the selling M~mB.er~.~=,=:-====:.~~ ....... the selling Member may transfer his interest only to a person approved by a majority of the remaining Members. if the purchaser of the bellingmember's interest, the Company shall purchase the sellinc Member s pursuan5 Eo ~c~ion 2.4 of ~his Agreamens). IF1, ... If the. Cdmmanv_ · = = %~ r~qtJ red tn. - p~rchase a Member's ~t=~est :'-.~ ................ '- (e' -= ............. price shall be paid in five years with interest at · ~,= purchasN p~'ic~ shall be secuz'ed by a mo~gage on tl2e Company's real property. (g)Aii offers to sell or to purchase a Member's ~ .... + h ...... ~=~ ~h=~ no~ ~ .... l~ unless it is made in " :=' ~r=~ing and delivered to the Member or Members. 2.3 Death or Disability of A (a)In the ev~_nt of the permanent dis~_bi!ity of a m~mu~z, ~ne m~mu~i may, at "-' ..... ' iii~ ~me~tioIl, require the Company to repurchase the Member's interest purchase his interes~ under Sec[ion 2.4. Members, DurcUase the aeceased Member' interest. above shall be its Appraised value(as determined ......... ~ ~o ~=~-~ 2.4 of ~his Agreement) and shall be paid within one (i) year of the date of dsath or disability. 2.4 Appraised Value. ~ Th~ ~=~ Valuo ~ = Member's interest_in the Company shall be a percentage of the fair market value of the assets of the Company less ....... e= s proportionate in~eresu in uhe Company. (b)In the event that the Members are uuab!e to sgree on the fair market value within twenty (20) day~ of the da~e of an offer to sake or purchase,, the market ,,a!ue shall be determined by' two appraisers: one selected by th~ s~iiing Member and selected bv the Purchasing Member or Members, or · --. a~p= shall be disinueresued, objecuive, wiEhou5 appraisals kor a sta~ or federal cour5 or a (c)The market value shall be the average of the valuations determined by such appraisers; uhe vaiuauions is more than fif5y per cent (50%) of the lower vatuation~ theD the market value h:== be ...... " =~- average of such ...... ' =qu=~ to u~ v~auions plus ten per cent (10%) of such average. (d) Ifa M~mber or Members fails to appoint an appraiser within thirty{30) days from the date of Member, or if an aDoraiser fails to submit his from the date of his appointment, then the market va!u~ shall b~ th~ valuation of the other appraiser. Article III ~EETiNGS OF ~EMBERS effective date of this Agreement, the MemDers shall meet on the th~ ~h~ ~d Wodn~d~,, of ==~h ~on~h to rgvi=~., financial rgports, =uunuimz~ 9aymen~ uf debts of th= Compdny,dud to tzansact such o~her business may come before the meeting. _3...2 SDeciai Meetin=s. Special meetings of the P~embers may h~ ~1 led. b~ ~n!: ~w~ M~mh~r~. =~==~ be deemed to have no~ice of regular meeuincs. In 5he case of a special ~=etlng shall be delivered to each Member no less than seven (7) days befor~ th~ date of the me~timc. .3.4 Place of M~e~nq. 'i'ne Members shall, by resolution, establish the time and lr~,'"m~i~n ,nF regu!~ m==e~ng~ and ~h= al~ up-c!al meetings. Members' !nuerests, represented in person or by proxy, shall constitut~ at a m~eting of M~mb~rs. If less than a majority of the ~'~emb~r='inter~mtm ar~ r~pre~enred at a me,ting, a majority of [he interests so represented may adjourn the meeting and in~ ~=m~=rs at a au~y cunveaed meeCing may continue to transact bus~n~ss, nob withstondino the withdrawal oF enouoh Members to ~=~ than a ........ -' ~ach Member before or at th~ time of~ the meeuinc No Droxv shall 3.a Action bv M~mhers. Thm aFFirmative vote of a majority '~= ~t=re~t~ present at .~ meeting at Dresent snail be the act or the MemDers. 3.5 inform~ Action by I4~znhers. Unless otherwise set - ~a~, an} required to ~ak~n a~ a m~euinc of M~mb~rs mav be uaken without a meetinc be signed '- gy Member~ holding a majority oz the Fiemoers'interests. meeting or Me--ers ~y means or conterenGe teiepnone if all p~rsons p~rticipating in such meeting h~r one another for the ~ntii~ ulscuusio~'l of .... matters to be vo~ed upon. Article IV CA~I TAL CONTRIBUTIONS _4.1 Initial Contributions. Contemporaneously with the execution of this Agreement, each Member shall make the Capital .4.2 Su3o~uen~ Cont~ibution.~. Each M~mb~r shall contribute to the Company, :- iii cash, that ..... =-'-'- ~"- ' no.mO that will, in the judqment oi the Companv, are necessary to cause ........ - ~ - - . .... nt ..... d and to discharge its ~o~'t~, expenme~ and iam~lcles. the time required ail or any portion o~ a Capi'~al Contribution ~or~ion of ~h~ d~iinqu~n~ M~mb~r's un~aid Capital Contribution in r=po-~ ~ -. - .................. or l~ such ~ p .... ~a~ as they may agree, with the following results: (a) th~ sum advanced constitutes a loan from the lending · ,~-mbe~ and' a Ca~a~ Contribution of tba~ s~ to the Company by the delin?Jent Member. (b) the sum advanced shall bear interest at a rate equal to on~ mst c~nt (1%) below the mrim~ rats from the repaid. (c) all distributions from the Comoanv that wo~J]d shall be paid to the Lendinq Members until the advance and all accrued interest has been paid. Distributions and payment~ ~hall be and then to the advance. ~.4 Advances By b~mbers, if the Company does not have sufficient cash. topay its ~bligations, any M~mb~r, wi_th th~ consent of a ~uv=nce =~ or p~u of the needed funds to or on behalf of the Company. Such an advance constitutes a loan from the Me~ber to the b ....... interest free, un:ess the [:'[ember is required k.y law to report imputed interest, and is not a Capital Contribution. ..4.5 CaD£tai Acco%L~t. A capicai account shall De estaDiishe~ and the fair market value of DroDertv contributed by the Member, and Member's capital accoub5 shall be decreased by money distributed to that Memb~.r, th~ fair market value of property ~== Member of Company expen~icures, and allocations of Company loss or deduction. Ail increases or decreases hereunder shall be in conformity with the appropriate provisions of the Internal Revenue Code and the regulations promulgated thereunder. ARTICT, E V ALLOCATIONS AND DISTRIBUTIONS the in~ernai Revenue Code and ireas. Reg. 1.704- t(b) (2) (iv) (f) (4), all items of income, gain, loss, d~duction,, =~'~ ~=~ ~ ~-= Company ~.~ be -~ ~ =~o~=~ among =~= Members in accorUance with their Sharing Ratios. ~i items of income, gain, =~muc=~ed O~uW~=n the transferor and the transferee b~sed on the portion of the ......... reccgnzzed .......... that Membership interest, without regard Lo the results of Company operations during any parrS, chi. ar portion of that calendar year transteror or the transferee during that calendar year; provided, ho,-~ever, that this allocation must b9 mad9 in accordance with a method pe~mmuumbz~ under section 706 of the code and the regulations thereunder. 5.2 Distributiona. From time t.D time, if the Members shall determine in their r=m~nnm~,l~ q ,Hr~mmnt- t-brai- without limitation, for operating expenses, debt service, and a reasonable co~n ...... the ~ay cause the Company ,. - ....... ~ ....j reserve, Members to azstribute to the Members, in accordance with their Sharing Ratios, an amount of cash equal, to that excess. 5.3 T=a A".~.ocations. - .... p£o~i.u, zi~_~ p~u,_,_u on sale, net loss, and net loss on sale of the Company and each item of income, gain, !os~, ~=~.,~ ..... ~ =k=l~ be allocated to the Members each year in accordance with Exhibit B hereto. ARTICLm. %~ - MISC=LLA,N~0US ~.2 C-Dv~__~_~*~= ?_.~_.~. m__nd S~.,e_r~_~4!.~ty' This Agreement is governed by and shall be construed in accordance with the laws of the Commomw~a.ith of Pennsylvania, excludino any conflict-of-laws rule ~ · construction of ~is Agreemen~ ~o u~e law oi another jurisdiction, if any provision of thi~ Agreement or the application thereof to any ~xuent. th~ remainder of this Acreement and the application of thereby and that provision shall be enforced to the greatest ~xt~t pe~tted by law. ~.2 EntireAqre~ent. This Agreement constitutes the entire agreement of the Mgmb~rs rgleting to th9 Company and supersgdes all prlor contracts or agreements with respect to the Company, whether oral or written. 6.3 Effect of W~ver or Consent. A waiver or consent, whether express or implied~ to or of any breach or default by any person in the performance by t~ person of his ob~g=~ion~ with respect to the Company is not a consent or waiver to or of anv other ....................... p .............. *k=* person o? the same or any o~her obligations of Chat person with respect to the Company. Failure on the Dart of a person to complain of anv act of any person or to ~e~=~= any person ~ ' ~- de~a=~ wzth respect to ~he Company, irrespective of how long ~hat failure continues, does not constitute a waiver by bhst per~on of his rights until the -- ~ ~ - ==.-=- .= ~= .:= = ' instrumenU signed by all the Members. be submitted to arbitration before one arbitrator in accordance with the rules of the ~merican Arbitration Association. The award - = ~ ....... = - ~ii~im ~ zi~l~m and '-''--'' oinuing upon all parties and judgment upon the award may be entered in any court ARTICLE VII - DISSOLUTION 7. I Event-~ of Di-~-~olution. i~ ..................... ~ ~. " ~=u~u=nce w=~ Section o9~ of the Pennsylvania Limited Liability Company Act, the Company shall ='= ....~' .... ~ events, "~ the ~o~ agree Co continue the business of the Company within ninety days of such event: (a) written consent of all Members; (b) upon a Member filing a petition in bankruptcy or executing an assigmnent for the benefit of creditors: ,c, e .... = of a decree of iud .... 1 ~==~,,+~ of the Company under section 8972 of the Act. h IN .WITNESS ...w~_._~OF, the Members of the Company ave executed this ~gree~enu as of the date first set adore. n=~ ~'y T ~ds~n ~'i~oth~cot t ~icDon~d ' EXHIBIT A Harry T. Edmundsen $1000.00 Timothy Scott McDonald $1000.00 Jeffrey L. Pettit $1000.00 A!~IENDMENT TO THE OPERATING AGREEMENT OF DEER RUN APPALACHIAN CAMPGROUND, LLC A PENNSYLVANIA LIMITED LIABILITY COMP.~/'. The Ope~t;~ Agreement of Deer Run Appalachian Campground, LLC ("Agreement"), dated as of April 15, 1996, is hereby amended by'admitting to the Company as a member William Christine. All provisions of the Agreement shall remain in full force and effect with respect to each of the undersigned members. IN WITNESS WHEREOF, the Members of the Company, intending to be legally bound, have executed this agreement as of September ,1998. Members: Harry T. Edmundson T. Scott McDonald Jeffrey L. Pettit G:~D ATAri 654- l~nd-A~-e e.wpd William Christine ;X~IEND~'IENT TO TIIE OIaEIL~TING .'~GREE~IE.NT OF DEER RUN APPALACHI.aaN CA-X'IPGROUND, LLC A i~.~NN~ YLVA~4]/~. IAMITI'~D LIAI~iI-~'i Y CO.~P.~.N ~ '1 be ¢ ~I~rntin$ A.~v~,na~a~* nf.De~'~ R. un A~ppalaeluan (2nlllp~o,~tld..L,L,t ' (" Agreeme~ ). datad a~ or:~ 15. 1996. ~s h~eby amerind by a~i~ing to ~o Company as a m~mbcr ~Villiam Cl~iatine. ,&fl provisio~ of ~ ,~eez~ent sha~ ~maM M ~11 foro~ ~d ,ffect wi~z respect to each Of the IN '~TTNE$$ I¥'HEP, EOF, the M~nlb~rs of*ho COmlmny, intending to bc Icgall,x' bound, huv¢ this agreel'nent aa of September ~ 1998. Me'mber~: T. Scott McE)onald __ Willimn t2}u-istin¢ have executed thi~ a~re~ln~u~ as of Sept.'nbc;. _, !998. T, S¢or~ McDonald Exhibit C via f~similc Mr. Ernest B, Mize PHELAN, PETTIT & BIEORZYCKI ATTORNEYS AT LAW Janua~24,2003 R~': Deer Run Apl~alaehian Campground LLC Deux Mr. Mize: This will clarify thc letter of November 20, 2002 notifying you that you were appointed as Manager.offlle.~eer Run AppalachianCampgmm'dLLC C ~arnpground to repine William Chh stine · You x~r¢ and are authorize, dm take all actions necessary to collect rents, fees for amenities and other carapgroand charges, protect and inventory Campgrdand assets, includingan,~,,~tion necessary to prPl~irh¢'~ool, bathhoul¢ and related facilities ,including winterization,"'"' ----f}l,!~the pool with water and draining water lin~s, and otherwise manage the campground until fUC~h, e~ notice. You may vine Norman B. Slater to assist you.m recognition of his rights pursuant to a c~'rtain agreemcm he has with Deer Run and as a potential lessor of the osmpground~- - ...... ._4..~ a member of Dec~Run Appalachian Campgroimd LLC, Mr. Chfi~tine~had the right to continu..~~ ~eside at ~he Campground ~s he had agreed not to interfere withxhe m~iagemcatt of~e Campgrmmd or to remove any property thax may be owned by the Campground. It was expressly understood by Mr. Christine that if he interfered wi th management of thc C~. p~und or remove41 Caml~da~tir~d.pro~/erty that, he forfcqted any right to remain and;could be eqdcted ifl~anediately. If Mr. Christine violates the terms of this agreement, you may take:ail n~cessary actions to effect his r=moval,, ~ My facsimile signature may be relied upon by any rccipvent of this lettex as if it were my original $igrmture. cc. Robert M, W',dker, Esq. (via fax) JLP/eah x'-.---~ffre ~ L~ettit, M~mber and Acting Secretary Exhibit D ,3~,N-~4-2'[~03 FRI 09:35 1%~ F~'~){ NO, P, 01 DEER RUN APPALACHIAN CAMPGROUND LLC 111 Sheet Iron Roof Gradners, Pa, 17324 To: WILLIAM CHRISTIN_E You are hereby ordered to vacate the premi~e~ immedlately upon service of this Notice. Ernest E. Mize, Mana~ WILLIAM CHRISTINE, Plaintiff Vo DEER RUN APPALACHIAN CAMPGROUND, LLC. HARRY T. EDMI/NDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, NORMAN B. SLATER, JR., ERNEST E. MIZE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - EQUITY : : : : : : : : : NO. 03-0580 EQUITY TERM Robert M. Walker, Esquire For Plaintiff ORDER OF COURT AND NOW, this 7th day of February, 2003, a hearing on the within petition for a special injunction shall be conducted in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on Tuesday, February 11, 2003, at 8:45 a.m. By the Court, Ed~gar B. Bayle~, J. I.;Johnson, Duffle, Stewart & Weidner By: Robert M. Walker I.D. No. 86340 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff WILLIAM CHRISTINE, Plaintiff DEER RUN APPALACHIAN CAMPGROUND, LLC. HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PE]-I'IT, NORMAN B. SLATER, JR., ERNEST E. MIZE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D,5 CIVIL ACTION - EQUITY MOTION FOR SPECIAL INJUNCTION Pursuant to Pa. R.C.P. No 1531 (a), upon the verified Complaint filed simultaneously herewith, Plaintiff, by his counsel, respectfully moves your Honorable Court to issue an ex parte special injunction, without written notice to Defendants pending hearing to be held within five (5) days (or such number of days as the Court shall direct), enjoining Defendants from directly or indirectly refusing to permit Plaintiff peaceful, immediate and exclusive access to, or from otherwise denying him the exclusive right to possession and quiet enjoyment of Lot No. 7, Deer Run Campground, 111 Sheet Iron Roof Road, Gardners, Pennsylvania, together with free access to the Deer Run Campground property and facilities and free access to all of Plaintiff's personal belongings and personal property located at Deer Run Campground. Such relief is appropriate and should be granted because, as more fully set forth in Plaintiff's Complaint: 1. Plaintiff will suffer immediate and irreparable harm unless the special relief prayed for herein is granted; 2. Plaintiff has no adequate remedy at law; 3. Defendants will not be substantially harmed if the special relief is granted, pending a final determination on the merits; and 4. There is a substantial likelihood that Plaintiff will ultimately be successful on the merits. WHEREFORE, Plaintiff requests that Your Honorable Court issue an ex parte special injunction prior to written notice to Defendants and, upon hearing, grant a permanent injunction enjoining Defendants as set forth herein above. Plaintiff further requests that Your Honorable Court extend the date of hearing on continuance of said special injunction beyond five (5) days from the date or Order [as permitted under Pennsylvania Civil Procedure Rule 1531(d], so as to provide Plaintiff with opportunity to provide at least five (5) days notice of said hearing to Defendants. Respectfully submitted, By:JOHNSON' D.~uFF~TRo~~& WEIDNER Attorney I.D. No. 86340 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :167667 WILLIAM CHRISTINE, PLAINTIFF DEER RUN APPALACHIAN CAMPGROUND, LLC, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, NORMAN B. SLATER, JR., ERNEST E. MIZE, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-0580 EQUITY TERM IN RE: PETITION FOR A SPECIAL INJUNCTION ORDER OF COURT ~"'~ day of February, 2003, IT IS ORDERED: AND NOW, this (1) Defendant, Deer Run Appalachian Campground, LLC, IS ENJOINED AND PROHIBITED, without legal process, from interfering with plaintiff, William Christine, living in his moveable residence on Lot No. 7 where it has been located on the grounds of Deer Run Appalachian Campground, LLC. (2) Pursuant to Pa. Rule of Civil Procedure 1531(b)(2), this preliminary injunction shall take effect upon plaintiff depositing $1.00 with the Cumberland County Prothonotary upon the same conditions as would be provided for in an injunction bond. (3) The motion for a preliminary injunction against defendants, Harry T. Edmundson, Timothy Scott McDonald, Jeffrey L. Pettit, Norman B. Slater, Jr., and Ernest E. Mize, IS DENIED. 03-0580 EQUITY TERM Robert M. Walker, Esquire For Plaintiff Jeffrey L. Pettit, Esquire Suite 1600 The North American Building 121 South Broad Street Philadelphia, PA 19107 For Defendants Deer Run Appalachian Campground, LLC and Jeffrey L. Pettit Harry L. Edmundson, Pro se 937 Price Street Traine, PA Timothy Scott McDonald, Pro se R.D. #4, Box 326 Martinsburg, WV 25401 Norman B. Slater, Jr., Pro se 1531 Stone Mill Drive Elizabethtown, PA 17022 Ernest E. Mize, Pro se 543 Hamilton Road Cochranville, PA 19330 :sal WILLIAM CHRISTINE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vo DEER RUN APPALACHIAN CAMPGROUND, LLC, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD,' JEFFREY L. PETTIT, NORMAN B. SLATER, JR., ERNEST E. MIZE, DEFENDANTS 03-0580 EQUITY TERM IN RE: PETITION FOR A SPECIAL INJUNCTION OPINION AND ORDER OF COURT Bayley, J., February 13, 2003:-- Since 2000, plaintiff, William Christine, has lived in his moveable residence located on Lot 7 of the land of defendant, Deer Run Appalachian Campground, LLC? On January 24, 2003, defendant, Deer Run Appalachian Campground, LLC, evicted plaintiff by self-help.2 On February 7, 2003, plaintiff filed a complaint in equity against the above named defendants. Ancillary to the complaint, plaintiff filed a motion for a special injunction to enjoin defendants from interfering with his residency on Lot No. 7 without legal process.3 A hearing was conducted on February 11, 2003. ' Plaintiff maintains that his moveable residence is a mobile home while defendant maintains it is a recreational vehicle. It is a distinction without a difference for the purposes of the resolution of this dispute. 2 Plaintiffs mobile residence, and most of his personal property, remains on Lot 7. A representative of defendant has told plaintiff that he can remove his mobile residence, along with his personal property, only in the presence of a constable at a time and date set by the parties. 3 The individual defendants are owners and/or persons associated with Deer Run Appalachian Campground, LLC. 03-0580 EQUITY TERM We find that plaintiff was a tenant on the land of defendant, Deer Run Appalachian Campground, LLC.4 We find that plaintiff and the corporation, through its authorized representatives, entered into an oral lease that the rent for Lot 7 on which plaintiff placed his moveable residence was his personal services as the manager of the campground. The term of that tenancy was for the period during which plaintiff was manager. Defendant has now terminated plaintiff as manager. Notwithstanding that the term of plaintiff's tenancy has ended, see 68 P.S. Section 250.501(a), plaintiff is entitled to the legal process afforded a tenant under the Landlord Tenant Act of 1951, before he can be evicted.50'Brien v. Jacob Engle Foundation, Inc., 47 D. & C.3d (Cumberland County 1987). Based upon the parties' oral lease for the tenancy of Lot 7, on which plaintiff lived for over two years, we reject defendant's argument that plaintiff, who was its employee, was simply a camper at its facility whose rights are no greater than a customer who pays defendant to camp there.6 A preliminary injunction may be granted if plaintiff establishes that: (1) relief is necessary to prevent an immediate and irreparable harm which cannot be compensated by damages; (2) greater injury will occur from refusing an injunction than from granting it; (3) an injunction will restore the parties to the status quo as it existed immediately before the alleged wrongful conduct; (4) the alleged wrong is manifest, and an injunction is reasonably suited to abate it; and (5) plaintiff's right to relief is clear. P.W. Phillips 4 The campground not a mobile home park, thus plaintiff is not a tenant of a mobile home park as that term is defined in the Mobile Home Park Rights Act at 68 P.S. Section 398.2. 5 68 P.S. § 250.101 et seq. Providing space to campers is the nature of the business of the campground. -2- 03-0580 EQUITY TERM Gas and Oil Co. v. Peoples Natural Gas Co., 89 Pa. Commw. 377 (1985). Plaintiff meets these criteria. In O'Brien v. Jacob Engle Foundation, Inc., supra, we recognized, as a matter of public policy, that the criteria for the issuance of a preliminary injunction are met when a landlord utilizes unlawful means to effectuate an eviction.? Accordingly the following order is entered.8 ORDER OF COURT AND NOW, this 1 ~ day of February, 2003, IT IS ORDERED: (1) Defendant, Deer Run Appalachian Campground, LLC, IS ENJOINED AND PROHIBITED, without legal process, from interfering with plaintiff, William Christine, living in his moveable residence on Lot No. 7 where it has been located on the grounds of Deer Run Appalachian Campground, LLC. (2) Pursuant to Pa. Rule of Civil Procedure 1531(b)(2), this preliminary injunction shall take effect upon plaintiff depositing $1.00 with the Cumberland County Prothonotary upon the same conditions as would be provided for in an injunction bond. (3) The motion for a preliminary injunction against defendants, Harry T. Edmundson, Timothy Scott McDonald, Jeffrey L. Pettit, Norman B. Slater, Jr., and Ernest E. Mize, IS DENIED. ? It is Deer Run Appalachian Campground, LLC, through its representatives, that exercised self-help in wrongfully evicting plaintiff, not the individual defendants who are associated with the corporation. Thus, no injunction will be entered against the individual defendants. 8 This resolution makes it unnecessary to address any position of plaintiff that he may also have a right to continue to live on Lot 7 by virtue of his being one of the owners of Deer Run Appalachian Campground, LLC. -3- 03-0580 EQUITY TERM Robert M. Walker, Esquire For Plaintiff By Edgar B. Bayley, J. Jeffrey L. Pettit, Esquire Suite 1600 The North American Building 121 South Broad Street Philadelphia, PA 19107 For Defendants Deer Run Appalachian Campground, LLC and Jeffrey L. Pettit Harry L. Edmundson, Pro se 937 Price Street Traine, PA Timothy Scoff McDonald, Pro se R.D. ~f-4, Box 326 Martinsburg, VVV 25401 Norman B. Slater, Jr., Pro se 1531 Stone Mill Drive Elizabethtown, PA 17022 Ernest E. Mize, Pro se 543 Hamilton Road Cochranville, PA 19330 :sal To Plaintifl~ You are hereby notified to file a written response to the enclc,sed New Matter within twenty (20) days from gainst you. f At~ieyt~/r~efendants Deer Run Appalachian Campground, / ~~.~,.i~mo~.hy~Scott~c__~.nald, Je~rey ~ L~n B. Slater, Jr. and Ernest E. Mize PHELAN, PETTIT & BIEDRZYCKI BY: JEFFREY L. PETTIT, ESQUIRE ATTORNEY I.D. NO. 21624 121 SOUTH BROAD STREET SUITE 1600 PHILADELPHIA, PA 19107 (215)546-0500 ATTORNEY FOR DEFENDANTS Deer Run Appalachian Campground, LLC, Harry T. Edmundson, Timothy Scott McDonald, Jeffrey L. Pettit, Norman B. Slater, Jr. and Ernest E. Mize WILLIAM CHRISTINE, Plaintiff Vo DEER RUN APPALACHIAN CAMPGROUND, LLC, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, NORMAN B. SLATER, JR. and ERNEST E. MIZE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 03-580 DEFENDANTS' ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted in part and denied in part. It is admitted that Plaintiff, William Christine, is an adult individual and at various times resided at Lot No. 7, Deer Run Campground, 111 Sheet Iron Roof Road, South Middletown Township, Gardners, Cumberland County, Pennsylvania. Answering Defendants are without knowledge or information sufficient to form a belief as to the troth of the averment that Plaintiff is 72 years of age. Accordingly, said averment is denied and proof thereof, if relevant, is demanded at the time of trial. homeless. 2. 3. It is denied that Plaintiff is presently Admitted. Denied as stated. It is admitted that Defendant Deer Run Appalachian Campground, 111 Sheet Iron Pennsylvania. 4. 5. LLC was the owner of a camping property commonly known as Deer Run Campground located at Roof Road, South Middletown Township, Gardners, Cumberland County, Admitted. Denied as stated. It is admitted that Defendant Harry T. Edmundson is a member of the limited liability company, Deer Run Appalachian Campground, LLC. 6. Admitted. 7. Denied as stated. It is admitted that Defendant Timothy Scott McDonald is a member of the limited liability company, Deer Run Appalachian Campground, LLC. 8. Admitted. 9. Denied as stated. It is admitted that Defendant Jeffrey L. Pettit is a member of the limited liability company, Deer Run Appalachian Campground, LLC. 10. Admitted. 11. Admitted. 12. Admitted. Facts - Plaintiff's Ownership and Occupancy of Propert3~ 13. Denied as stated. It is admitted that sometime in December, 1998, Plaintiff was admitted to the Deer Run Appalachian Campground Limited Liability Company as a member upon 2 the representation that Plaintiff would invest in Defendant Deer Run Appalachian Campground, LLC certain funds to facilitate further construction in the campground, including completion of the swimming pool. Defendants are without knowledge or information sufficient to form a belief as to the troth of the averment that Plaintiff invested $50,000 as said information is within the exclusive possession and control of the Plaintiff. Accordingly, said averment is denied. It is admitted that a true and correct copy of the Operating Agreement for Deer Run Appalachian Campground, LLC is attached to the Complaint as Exhibit "B". 14. Denied. Paragraph 14 states a conclusion of law to which no response is necessary. 15. Denied. Defendants are without knowledge or intbrmation sufficient to form a belief as to the troth of the averment that Plaintiff is the owner of a 1999 Royal Voyager mobile home. Accordingly, said averment is denied and strict proof is demanded at trial. If the Plaintiff is referring to the camping vehicle presently located on Lot No. 7 of the Deer Run Appalachian Campground, LLC property, it is denied that said vehicle is a mobile home. 16. Denied as stated. It is admitted that on or about June, 2002, Plaintiff located a camping vehicle upon Lot No. 7 of the Deer Run Campground property and began occupying said trailer in connection with his duties as manager of the campground, property. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment that Plaintiff's occupancy of Lot No. 7 was his sole and permanent residence and domicile. Therefore, said averment is denied and strict proof thereof is demanded at the time of trial, if relevant. 17. Denied. 18. Denied as stated. It is admitted that on or about March 8, 1999, Defendant Deer Run Appalachian Campground, LLC, by and through a vote of the :members of the limited liability company, appointed Plaintiffas manager of the day-to-day operations of the Deer Run Campground property. Facts - Removal of Plaintiff from Property 19. Denied as stated. It is admitted that on October 8, 2002, attorney Darrell N. VanOrmer, Jr. issued a letter of intent to Defendant Pettit, setting forth various terms and conditions under which unidentified individuals would agree to enter into a lease/purchase agreement for the purpose of assuming ownership of the Deer Run Campground property. 20. Denied as stated. It is admitted that among; the conditions set forth in the aforementioned letter of intent was the requirement that Defendant Deer Run Appalachian Campground, LLC terminate Plaintiff's position as manager of the Deer Run Campground property and that Plaintiff be physically removed from the Deer Run Campground property. It is denied that said letter of intent stated anything about terminating Plaintiff's alleged residency and domicile at the campground. 21. Denied as stated. It is admitted that on or about: November 26, 2002, Defendants Edmundson, McDonald and Pettit, were prepared to vote as members of Deer Run Appalachian Campground, LLC to terminate Plaintiff's appointment as manager of the Deer Run Campground property. It is further admitted that Plaintiff acquiesced in the removal, so no formal vote was necessary. The remaining averment of paragraph 21 states a concl~usion of law to which no response is necessary. 22. Denied as stated. It is admitted that on or about November 26, 2002, Deer Run Appalachian Campground, LLC appointed Defendant Ernest Mize as manager of the campground property, a position that he continued to hold as of the date of filing of the Plaintiff's Complaint. 4 23. Denied as stated. It is admitted that on January 24, 2003, Defendant Deer Run Appalachian Campground, LLC, acting through Defendant Jeffrey L. Pettit, issued a letter to Defendant Mize, a true and correct copy of which is attached to the Complaint as Exhibit "C", authorizing Defendant Mize to evict Plaintiff from the Deer Run Campground property if he interfered with the management of the campground or removed campground property. 24. Denied as stated. It is admitted that consistent with the letter to Defendant Mize as outlined above in paragraph 23, Defendant Mize took actions to physically remove Plaintiff from the Deer Run Campground property because of Plaintiffs interference with the management of the campground and efforts to remove property owned by the campground. 25. Admitted. 26. 27. 28. Admitted. Admitted. Denied. It is denied that Plaintiff personally informed those individuals or asserted his rights as alleged in paragraph 28. 29. Denied. Paragraph 29 states a conclusion of law to which no response is necessary. 30. Denied. Paragraph 30 states a conclusion of law to which no response is necessary. 31. Denied. Paragraph 31 states a conclusion of law to which no response is necessary. 32. Denied as stated. It is admitted that prior to Plaintiff filing the within action, Plaintiff, through his undersigned attorney, contacted Defendants through Defendant Pettit, urging Defendants that Plaintiff be restored to residency at the Deer Run Campground property and for Defendants to use legal process stated under the Mobile Home Park Rights Act if Plaintiffs removal from the property was desired. 33. Denied as stated. It is denied that since the date of the Court's Order, Defendants have failed and refused to restore Plaintiff of exclusive peaceful possession of Lot No. 7 of the Deer Run Campground property and denied Plaintiff free access to Deer Run Campground lands and facilities. It is admitted that from January 24, 2003 until February 14, 2003 Deer Run Appalachian Campground, LLC, through its authorized agents, refused to provide Plaintiff with exclusive peaceful possession of Lot No. 7. 34. Denied. 35. Denied. 36. Denied. Defendants are without knowledge or information sufficient to form a belief as to the troth of the averments of paragraph 36. Accordingly,. said paragraph is denied and strict proof thereof is demanded at the time of trial, if relevant. 37. Denied. Paragraph 37 states a conclusion of law to which no response is necessary. 38. Denied. 39. Denied. Paragraph 39 states a conclusion of law to which no response is necessary. 40. Denied. Paragraph 40 states a conclusion of law' to which no response is necessary. 41. Denied. Paragraph 41 states a conclusion of law' to which no response is necessary. 42. It is denied that as a direct and proximate result of any actions of Defendants that Plaintiff has suffered and will continue to suffer immediate and irreparable harm or the harm as alleged in paragraph 42. The remaining averments of paragraph 42 state conclusions of law to which no response is necessary. 43. Denied. Paragraph 43 states a conclusion of law to which no response is necessary. 44. Denied. Paragraph 44 states a conclusion of law to which no response is necessary. NEW MATTER 45. By virtue of Section 8922 of the Limited Liability Company Law, 15 Pa.C.S.A. § 8922 the individual Defendants herein, Harry T. Edmundson, Timothy Scott McDonald and Jeffrey L. Pettit, have no personal liability to the Plaintiff. 46. At all times hereto, Defendants Ernest E. Mize mid Norman B. Slater, Jr. were acting as authorized agents of Deer Run Appalachian Campground, LLC, and, as agents for a disclosed principal, cannot be liable to the Plaintiff. 47. The Court is without jurisdiction over this action as the parties have agreed to submit disputes as set forth in Plaintiffs Complaint to arbitration as set forth in Section 6.15 of the Operating Agreement attached to the Complaint as Exhibit "B". 48. The camping vehicle in which the Plaintiff resided as alleged in the Complaint is not a mobile home within the meaning of the Mobile Home Park Rights Act. Therefore, the Mobile Home Parks Rights Act is inapplicable and does not regulate the relationship between the Plaintiff and Defendant Deer Run Appalachian Campground, LLC. 49. Plaintiff had no lease, oral or otherwise, which entitled him to remain on Lot No. 7 of the Deer Run Appalachian Campground, LLC. Plaintiffs right to reside on the premises was pursuant to an express understanding that he would not interfere with the management of the campground or attempt to remove campground property. Accordingly, the Pennsylvania Landlord and Tenant Act of 1951 is not applicable and does not regulate or :restrict the right of Defendant Deer Run Appalachian Campground, LLC to evict Plaintiff from the premises. 50. Since removal of Plaintiff as manager of the campground, Plaintiff has engaged in 7 a series of acts designed to intimidate other tenants, induce other tenants to leave the premises and attempted to remove property lawfully belonging to Deer Run Appalachian Campground, LLC. 51. As of March 5, 2003, as a result of a Sheriffs Sale, M. & T. Bank has acquired ownership of the campground property. WHEREFORE, Defendants request that judgment be entered in favor of the Defendants. Attorney for Defendants Deer Run Appalachian Campground, LLC, Harry T. Edmundson, Timothy Scott McDonald, Jeffrey L. Pettit, Norman B. Slater, Jr. and Ernest E. Mize Date: March 17, 2003 G:~DATA\1654-1LPLDG~Answer. wpd VERIFICATION The undersigned, Jeffrey L. Pettit, Esquire, hereby states that he is one of the Defendants in the foregoing action and that he has read the attached Defendants' Answer to Complaint with New Matter, and that the facts set forth therein are true and correct to the best of his knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE The undersigned hereby certifies that he has this date caused a true and correct copy of the foregoing Defendants' Answer to Complaint with New Matter to be served on counsel of record by forwarding same via first-class mail, postage prepaid, addressed as follows: Robert M. Walker, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 Counsel for Plaintiffs Dated: March 17, 2003 Q~~f~,~. Pettit - Johnson, Duffle, Stewart & Weidner By: Robert M. Walker I.D. No. 86340 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff WILLIAM CHRISTINE, Plaintiff DEER RUN APPALACHIAN CAMPGROUND, LLC. HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, NORMAN B. SLATER, JR., ERNEST E. MIZE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O3-58O CIVIL ACTION - EQUITY PLAINTIFF'S REPLY TO DEFENDANTS' NEW * 'A TTER AND NOW, this 7 ~ day of April 2003, comes the Plaintiff, WILLIAM CHRISTINE, by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Plaintiff's Reply to Defendants' New Matter, and in support thereof avers as follows: 45. Denied. Defendants' averment is denied as a conclusion of law to which no responsive pleading is required. 46. Denied. Defendants' averment is denied as a conclusion of law to which no responsive pleading is required. 47. Admitted in Part, Denied in Part. Plaintiff admits to the existence of an arbitration clause in Section 6.15 of the Operating Agreement. The balance of Defendants' averment in Paragraph 47 is denied as a conclusion of law to which no responsive pleading is required. 48. Denied. Defendants' allegation that Plaintiff's residence is not a mobile home within the meaning of the Mobile Home Parks Right Act is specifically denied. By way of further denial, the balance of Defendants' allegation contained in Paragraph 48 is denied as a conclusion of law to which no responsive pleading is required. 49. Denied. In the Order of Court issued February 13, 2003 in this matter by the Honorable Edgar B. Bailey, it was concluded as a matter of fact that Plaintiff had a lease entitling him to remain on No. 7 of the Deer Run Appalachian Campground, L.L.C. property. Further, Defendants' allegation that the Plaintiff's right to reside on the premises was pursuant to an express understanding that he would not interfere with the management of the campground or attempt to remove campground property is specifically denied. The balance of this paragraph is denied as a conclusion of law to which no responsive pleading is required. 50. Denied. 51. Denied. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of Defendants' averments in Paragraph 51 and therefore these averments are denied. WHEREFORE, Plaintiff demands judgment against Defendants as more ~fully set forth and its prayer for relief and its complaint filed in the above-captioned matter. Respectfully submitted, JOHNSON, DUFFLE, S.~/ART & WEIDNER Attorney I.D. No. 86340 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :211675 VERIFICATION I, WILLIAM CHRISTINE, hereby verify that the statements made in the foregoing Plaintiff's Reply to Defendants' New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalllies of 18 Pa. C. S. A. §4904, relating to unsworn falsification to authorities. Date: William Christine .CERTIFICATE OF SERVICF AND NOW, this ~ day of April 2003, the undersigned does hereby certify that he did this date serve a copy of the foregoing Plaintiff's Reply to Defendants' New Matter upon Defendants' counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Jeffrey L. Pettit, Esquire PHELAN, PETTIT & BIEDRZYCKI The North American Building Suite 1600 121 South Broad Street Philadelphia, PA 19107 Counsel for Defendants JOHNSON, DUFFI.~~~/~ & WEIDNER Robert M. W~lker (') ~ 0 Commonwealth of pennsylvania, Case Number: NO.03-580 AFFIDAVIT OF SERVICE County of Cumberland Plaintiff: William Christine VS. Defendant: Deer Run Appalachian Campground, LLC, Harry Edmunson, Timothy Scott McDonald, Jeffrey L. Pettit, Norman B. Slater, Jr., Ernest E. Mize For: Johnson Duffle Stewart & Weidner Court Received by ROMINGER LEGAL on the 20th day of February, 2003 at 2:51 pm to be servec Edmunson at: 937 PHce St., Trainer, PA. I, ~ ~ ~~/-, , being duly that on the :2_3 day of ~'~/orw, v¥ , 20 ~z~ at_~_:~_j_~.m., executed service by deliver Notice to Defend, Complaint in accbrdance with state statutes in the manner marked belo, (.,~I'~DIVIDUAL SERVICE: Served the within-named person. ~f Common Plea Court Copyright © 1992-2001 Database Se~,ices, Inc. - Process Server's Toolbox VS.5f Subscribed and Sworn to before me on the ~ of ~'~l'~)dP, J , ~ by the afl-ant who is person-ally known to me. NOTARY PUBLIC (J . day in the jurisdiction in Appointed in accordance with State Statutes ROMINGER LEGAL '155 S. Hanover St. P.O. Box '1148 Carlisle, PA 17013 (7'17) 960-9260 Our Job Serial Number: 2003~)00028 Age (,~.~' Se~..M~ F Race I~,-.) Height .~ ~1 Weight t (~ o Hair I certify that I have no interest in the above action, am of legal age and have proper authori! which this service was made. ( ) POSTED SERVICE: After attempting service on __/ at __ place on the property described herein. ( ) NON SERVICE: For the reason detailed in the Comments below. Military Status: ( ) Yes or (v~Hqo If yes, what branch? Marital Status: {,,'~Married or ( ) Single Name of Spouse ~(~£e COMMENTS: ~,-,~.~ 0'~ "~_=.. - ( ) SUBSTITUTE SERVICE: By serving and on / at as Glasses Y~N~ __ to a conspicuous on Harry T. ~worn, depose and say ng a true copy of the AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Case Number: NO.03-580 Plaintiff: William Christine VS. Defendant: Deer Run Appalachian Campground, LLC, Harry Edmunson, Timothy Scoff McDonald, Jeffrey L. Pettit, Norman B. Slater, Jr., Emeet E. Mize Court )f Common Plea Court For: rv~ Johnson Duffle Stewart & Weidner Received by ROMINGER LEGAL on the 20th day of February, 2003 at 2:51 pm to be se d on Deer Run Appalachian Campground:111Sheet lron R,oof Road, Ga.rdnere, PA-I, Gl~w.~_.__~ ~'¢~,(cJ , being duly sworn, depose and say that on the I~ f" day of ~A~ ¢,~-~ .... ~ ~' ~- .m., executed service by delivering a true copy of the Notice to Defend, Complaint in accordance with slate statutes in the manner marked below: as and on /__ at . ( ) INDIVIDUAL SERVICE: Served the within-named person. ,,~SUBSTITUTE SERVICE: By serving ~l~sr t1~.] ~, ~.. ( ) POSTED SERVICE: After attempting service on /__ at ~ place on the property described herein. ( ) NON SERVICE: For the reason detailed in the Comments below. Military Status: ( ) Yes or ( ) No if yes, what branch? Marital Status: ( ) Married or ( ) Single Name of Spouse to a conspicuous COMMENTS: Glasses ~f..,'~N Age (~0 Sex {~)F Race ~ Height $'~0~ Weight / -~ Hair ~YJ~' I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in L which this service was made. Subscribed and,Sworn to before me on the~/'~ day of /'~/~ ~ ,~ ~ by the affiant who is personally known to me. NOTARY PUB~'IC unda J. Jumper, Notan/Public la~t~r,~~.~O~No~;~ Our Job Serial Number: 201 Copyright © 1992-2001 Database Sauces, Inc. - Process Ser,~s Toolbox V5.5f PROCESS SERVER # Appointed in accordance with State Statutes ROMINGER LEGAL 155 S. Hanover St. i P.O. Box 1148 Carlisle, PA 17013 (7t 7) 960-9260 13000030 AFFIDAVIT OF SERVICE County of Cumberland Commonwealth of Pennsylvania Case Number: NO.03-580 Plaintiff: William Christine VS. Defendant: Deer Run Appalachian Campground, LLC, Harry Edmunson, Timothy Scoff McDonald, Jeffrey L. Pettit, Norman B. Slater, Jr., Ernest E. Mize Court )f Common Plea Court For: rve~! Johnson Duffle Stewart & Weidner Received by ROMINGER LEGAL on the 20th day _of I~ebruary, 2003. at 2:51 pm to be se on Emeet E. Mize AT: 111 Sheet Iron Roof Road, Gardnere, PA. I, G [¢ ~ ~ ~ C~, [c..t , being duly sworn, depose and say thatonthe [~1- dayof t'x^t~C~( ,200).at ~13o: /~ .m., executed service by delivering a true copy of the Notice to Defend, Complaint in accordance with state statutes in the manner marked bek,w: DIVIDUAL SERVICE: Served the within-named person. ( ) SUBSTITUTE SERVICE: By serving as ( ) POSTED SERVICE: After attempting service on __/__ at __ and on __/__ at __ to a conspicuous place on the property described herein. ( ) NON SERVICE: For the reason detailed in the Comments below. Military Status: ( ) Yes or ( ) No If yes, what branch? Marital Status: ( ) Married or ( ) Single Name of Spouse COMMENTS: Age ~O Sex(~ F Race [,~ Height 5' Io" Weight /b ~ Hair G~-~ Glasse~)N I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Subscribed and Sworn to before me on the ~/~'~ day of .~/~_ ~l~ , ~ by the afl.ant who is personally known to me. NOTARY PUBLIC Nmar~ Se~ [Jnda J. Jumper, Notary Public MY ~ E,x~ July 23, 2006 PROCESS SERVER # Appointed in accordance with State Statutes ROMINGER LEGAL 155 S. Hanover St. P.O. Box 1148 Carlisle, PA 17013 (717) 960-9260 Our Job Serial Number: 20C 3000030 Copyright © 1992-2001 Database Services, Inc. - Process Server's Toolbox V5.Sf AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Court C Case Number: NO.03-580 Plaintiff: William Christine VS. Defendant: Deer Run Appalachian Campground, LLC, HamJ Edmunson, Timothy Scoff McDonald, Jeffrey L. Pettit, Norman B. Slater, Jr., Ernest E. Mize For: Johnson Duffle Stewart & Weidner Received by ROMINGER LEGAL on the 20th day of February, 2003 at 2:51 pm to be serve¢ Jr.,: 1531 Stone Mill Rd, Elizabethtown, PA. I, ~ (Cnn ScA I¢.~ .., being d~ say that on the ~-5'~ dayof ~'(l~ ,200_~_at IO:~ I; .m., executed service by de the Notice to Defend, Complaint in accordance with state statutes in the manner marked /~DIVIDUAL SERVICE: Served the within-named person. ( ) SUBSTITUTE SERVICE: By serving as ( ) POSTED SERVICE: After attempting service on /__ at . and on __ __ place on the property described herein. ( ) NON SERVICE: For the reason detailed in the Comments below. Military Status: ( ) Yes or ( ) No If yes, what branch? Marital Status: ( ) Married or ( ) Single Name of Spouse / at__ COMMENTS: Common Plea Court on Norman B. Slater, ~ly sworn, depose and livefing a true copy of .elow: tO a conspicuous Age ¢-~ Se)~)F Race ~ Height /o'1" Weight ?_~_3'" Hair G~-~'~ Glasses Y (~) I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Subsc[Lbed and Sworn to before me on the o)~ (~' day of /~ ~ . ,c~O ~ ~ by the afl-ant who is personally known to me. I~O'I'ARY PU~'LIC~ PROCESS SERVER # Appointed in accordance with State Statutes ROMINGER LEGAL _155 S. Hanover St. l,,Nota~ Seal _ ~.O. Box 1148 Unda j, jumper, Nota~/iP~31ulCntv ~arlisle, PA 17013 Canlsle Bom, Cumbedan~ coun~_. ~717) 960-9260 Commission Ex??_J_'~__2~i.~_=:~Ur Job Serial Number: 20~ , Pe~nsyN~r~a AsSOC~t~r, '~, ~o~a,~s Copyright © 1992-2001 Database Sauces, Inc. - Process Sewers Toolbox V5.5f 3000029 Commonwealth of Pennsylvania Case Number: NO.03-580 AFFIDAVIT OF SERVICE County of Cumberland Plaintiff: William Christine VS. Defendant: Deer Run Appalachian Campground, LLC, Harry Edmuneon, Timothy Scoff McDonald, Jeffrey L. Pettit, Norman B. Slater, Jr., Ernest E. Mize For: Johnson Duff~ Stewart & Weidner Received by ROMINGER LEGAL on the 20th day of February, 2003 a.t 2:51 pm to be serw PETTIT, Esquire at: 731 Famum Road, Media, PA. I, (~¥~ ~ ~vl./J~,J~cJ, , depose and say that on the ~ day of ~ ~r~,~'~7. , 20 at_~_.:~., executed true copy of the Notice to Defend, Complaint in accordance with state statutes in the man as Court ~f Common Plea Court COMMENTS: Age -~) Sex~__~F Race L~--) Height C,~ ?.-- Weight ~ Hair ~ ,~- Glasses I certify that I have no interest in the above action, am of legal age and have proper author in the jurisdiction in which this service was made. Subscribed and Sworn to before me on the of ~'~E~F~/ ~ by the affiant who is personally knovJn to me. NOTARY PUBLIC t) day PROCESS SERVERJt ~u Appointed in accordance with State Statutes ROMINGER LEGAL 155 S. Hanover St. P.O. Box 1148 Carlisle, PA 17013 (717) 960-9260 Our Job Serial Number: 20( ~000027 Copyright © 1992-2001 Database Sen~ces, Inc. - Process Ser,mr's Toolbox V5.5f ( ) POSTED SERVICE: After attempting service on / at __ and on __ __ place on the property described herein. ( ) NON SERVICE: For the reason detailed in the Comments below. Military Status: ( ) Yes or (-,/~No If yes, what branch? Marital Status: (~larried or ( ) Single Name of Spouse _~dw"o ~-~ / at~ to a conspicuous ( ) SUBSTITUTE SERVICE: By serving (~'NDIVIDUAL SERVICE: Served the within-named person. t on JEFFREY L. ~eing duly sworn, ~ervice by delivering a ~er marked below: