HomeMy WebLinkAbout98-02432
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(Th/S ploof of .prv/co MUST DE FIL ED W/1/IIN !IN (IO) (JA YS AI'TFll filing tho nollOo of appOII/. Cllook pppllcabfa bOKO')
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE "0 FILE COMPLAINT
--...--..
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ____________~__~__._'c_. ; II
AFFIDAVIT: I hereby swaar or affirm Ihall servod
n e copy of Ihe Nollce 01 Appeal. Common Pleas No, ___,~~--,~'~--' ,upon the Dlstrlcl Jusllco deslgnaled Ihoreln on
(dole a/service) __ , 19_, 0 by personal service 0 by (cerlllled) (registered) mall, sender's
receipt attached horeto, and upon Ihe appellee, (nama) _ --' , on
__,19_0 by personal service 0 by (oertified) (regislered) mall, ..,nder's receipl atlilched hereto,
o and furlherthat I served the Rule 10 File a Complaint accompanying Ihe above Nolice 01 Appeal upon the appellee(a)10 whom
Ihe Rule was addressed on ,__ _' 19_.0 by person. I sorvice 0 by (ce,l:fled) (registered)
mall, sender's r.celpt .tt.ched lIele\O,
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAVOF_____, 19__
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Slgn.ture 0' .m.nl
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09-3-01
qg"Jv3 G
NOTICE OF JUDGMENTrrRANSCRIPT
P~AINTIFF: RESIDEtil!~JoDR~s~ASE
fGooDLING, ROBOT I i
258 W.BALTIMORB ST
CARLISLI, PA 17013
L .J
VS.
DEFENDANT: NAMe ,nd ADDRESS
fil0PPIN, ROBIN, IT AL.
12 TOWN MILLS
SHIPPBNBSURG, PA 17257
L
Docket No.: LT'0000056 - 98
Date Flied: 4/0S/98
i
COMMONWEALTH OF PENNSYLVANIA
,COUNTY OF: CUMBIJtLAND
MIQ, 01,1. No.:
DJNlm,: Hon.
DONALD W. DAlHI. (SR. D.J.)
Add".., 81 WALNUT BOTTOM
P.O. BOX 361
SHIPPBNSBURG, PA
T'~""n" (717) 532 -7676 17257.0361
ROBIN MOPPIN
12 TOWN MILLS
SHIPPBNBSURG, PA 17257
.J
.
THIS IS TO NOTIFY YOU THAT:
Judgment: -ZOR PLAINTUL
[!] Judgment was entered for: (Name) GOODLING, ROBBRT B
1::"1 Judgment was entered against MOPPIliL ROBIN
lXJ LandlordlTenant action In the amount 01 $ 85. S8 on 4/22/9.1-.
O The amount of rent per month, as established by the District Justice, Is $
Damages will be assessed on: (Date & Time)
The total amount of the Securlly Deposit Is $ . 00 .
In a
(Date of Judgment)
.00.
Tolal Amount Established by OJ Less Security Deposit Applied " Adjudicated Amount
$ .00 - $ .00 . $ .00
$ ....ll- $ .00 " $ .00
$ ..llJ1. -- $ .00 .. $ .JlQ
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (If provided by lease) $ _ 00
UT Judgment Amount $ no
D This case dismissed without prejudice, Judgment Costs $ A!i - AB
r...i 3() . \'''' TO 'IOV 'J" "0' 'T " Attorney Fees $ - nn
L!J Possession granted. '. ill '~, ',,',," v ':: ~~, . "Total Judgment $_ 85.88
~J.rd I\L" ~l(~(' (',,) ,)~ ,\llyn,)",
D Possession granted II money judgment Is not satisfied by time of eviction.
D Possession not granted.
D Levy Is stayed for _. days or 0 generally stayed.
D Objection to Levy has bee,n flied and hearing will be held:
Date: PIMe:
Rent In Arrears
Physical Damages Leasehold Property
Damages/Unjust Detention
D Attachment Prohlblted/
Vlotlm of Abuse (Act 5, 1996)
Time:
...... ..
ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMDNT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION
OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT SY FILING A NOTICE OF APPEAL WITH THE
PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. IN ORDER TO OBTAIN A SUPERSEDEAS, YOU
MUST DEPOSIT WITH THE PROTHONOTARY THE LEseER OF 3 MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ONTHE DATE THE
APPEAL IS FILED.
IF YOU WISH TO APPEAL THE MONEY PORTiON ONLY OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, YOU HAVE 30 DAYS
AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF
THE COURT OF COMMON PLEAS, CIVIL DIVISION.,' -- -~.. . .
YOU MUST INOLUDE A COPY OF THIS NOTICE OF JUOGMEN1'ITRANSCRIPT FORM W'TH YOUR NOTICE OF APPEAL.
J.I.;,),:J.qy Date" - >;'';;'-.1',:.// ;}'-'7~/;';,,<~./ ,DlstrlctJustlce
I certify thai this Is a true and correct copy of the record of the proceedings containing the judgment.
____,_ Date __ . District Justice
~~rc,?,T~lsslon expires first Monday of ,January, SEAL
,- I, .}
COMMONWEAL TH OF PENNSYLVANIA
, COUNTY OF: CUMBERLAND
_..~.
M.1gOJIINo'
09-3-01
OJNlm.: Han
DO~TALD W. DAIHL (SR. D.J.)
A1~"" 81 WALNUT BOTTOM
P.O. BOX 361
SHIPPBNSBURG, PA
"lop"'" 1717) 532 -7676 1,7257 - 0361 J
'I
ROBIN MOPPIN
12 TOWN MILLS
SHIPPBNBSURG, PA 17257
.J
.
THIS IS TO NOTIFY YOU THAT:
,Iudgment: FOR PLAINTIFF
[!] Judgment was entered for: (Name) GOODLING. ROBERT B
o Judgment was entered againsl BISTLI~DELORBS _
Ull Landlordrrenant action In the amount of $ 85.88 on -.iL22/98 .
O The amount of renl per month, as established by lha District Jusl/ce, Is $
Damages will be assessed on: (Date & Time) __
The tolal amount 01 the Security Deposit is $ .00,
~-- . Tolal Amount ESlabllshed by DJ Less Security Depos~ Applied = Adjudicated A mount I
RentlnArrears $_ .00 -$__ .00 = $_. .00
Physical Damages Leasehold Property $ .00 - $ _.J1JL = $_,_ .00
Damages/Unjust Detention $--_......JlJl. - $ .00 = $ ...JlJl
, Less Ami Due Defendant from Cross Complaint - L .00
o Attachment Prohibited! Interest (If provided by lease) $ _ 00
Victim of Abuse (Act 5, 1996) UT JUdgment Amount $ .OQ
D This case dismissed without prejudice. Judgment Costs L 85 _ OR
Attorney Fees $ . 00
IY1 30 iJAYS TO ,'lOVg Q!( ClJHhY __
L!J Possession granted'wITH A/,[, IIREACll' S OR gVICT WN Total JUdgment $ 8~
o Possession granted If money judgment Is not satisfied by time of eviction.
D Possession nol grunted.
o Levy Is stayed lor _ days or 0 generally stayed.
o Objecl/on to Levy has been filed and hlJarlng will be held:
Date: Place:
In a
(Date 01 Judgment)
.00,
Time:
ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMEN'r INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION
OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATF. OF ENTRY OF JUDGMENT BV FILING A 'iOTICE OF APPEAL WITH THE
PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS. CIVIL DIVISION, IN ORDER TO OBTAINA SUPERSEDEAS, VOU
MUST DEPOSIT WITH THE PROTHONOTARV THE LESSER OF 3 MONTHS RENT OR THE RENT ACTUALLV IN ARREAA~ ON THE DATE THE
APPEAL IS FILED. ,',
IF YOU WISH TO APPEAL THE MONEY PORTION ONLY OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, VOU HAV~ 30 DAVS
AFTER THE DATE OF ENTRY OF, JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF
THE COURT OF COMMON .PLEAS, CIVIL DIVISION.' . , ,
YOU MUST INCLUpE A (COPV OF THIS NOTICE ?F '!!:'~~N~~~~Sw:(TH YOUR NOTICE OF APPEAL.
,~~/,)... C; l Date'--:;;1~A-;4:t~~ / ..-' ;.~' ~ , District Justice
I certify lhat this Is a true' ana correct copy 01 the record of lhe proceed ngs contalning,\he judgmEl,nt
Date . , Dlstrlcl Justice
My commission expires first Monday of January. SEAL
:1
i
,
,
ROBERT E. GOODLING,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
ROBIN MOPPIN and
DELORES BISTLINE,
Defendants
NO. 98-
CIVIL TERM
AFFJ QAYILLN..SYPPQBLQF.. E'nUH2N
EQfL LEA v..~JQ_PfmC:;Em .1N... FORMA. PAlJPERHi
I. I am the defendant in the above matter and because of my
financial condition am unable to pay the fees and costs of
prosecuting, defending, or appealing the action or proceeding.
2. I am unable to obta'in funds from anyone, including my
family and associates, to pay the costs of litigation.
3. I represent that the information below relating to my
ability to pay the fees and costs is true and correct.
(a)
Name:
---.-.--....--.. RQ!?.11LM9R.l2i.rl.__
,.__._--_...._-~----------
Address: .--..-.----..-.-.1.LIQWDMjJ12
---_.-.._--_.,--.._---._~._---
-_.._--.-__.J?J:LUw~n s ~UJL9..Ll'A._t?..?Q.L_
SOC'j a 1 Secu r i ty Number :...1j)1l.=.r;.1l._:.r;7.1J2____...
(b) If you are presently employed, state
Emp 1 Dye r: -.--__.____....No [till>.jgft_T.~><.!OI90___._
Address:
. .--!':gJ"l...~k.t;Jet__.____.__~_____
--.--..-.--.. .9.D J.QQQnElQ_u r_g~._P 11._._______
Salary or wages per month:
_$r;Jr;~..QQ_..___._
Type of work: ----.____J;!'tlehi ~L
... -- - .._..__._.....~..-....-.,~
If you are presently unemployed, state
Date of last. employment:___.___J:.!iA_.__..
Salary or wages per mont.h: __...______..._.
Say i ngs Account: ... ...__.........$.fJ.,Q.Q.._.._.__....____.__._
Certificates of Deposit: _._______.J:l.L,A..____h__._______..____
Real Estate (including home):. . . Nll"'_..____..._ ----
Motor vehicle: Make __mN/A.. _.._...._...._ Year ----.-
Cost ........__....~._ Amount owed__.____._._._._.___
stO\~l<s; bonds:
Ot.her:
(f) Debts and obligations
Mortgage :..~._. ._u_._!,!/lI ..._._...__.______.____n__.
Re n t :~.QJ:'..nm t$J1Q.,_QQ /J.1lQot.h;".MQ_!?J.Lhom_f;L._t9_Q... 00/ mQ.....
Loans: _ _"" . N.11\.__~. ........._._____.._.___
Month 1 y Expenses: 9r9.q~rje_1e [191:.g.P.Y,,",Le.r:Lpy._fooQ.l?t_iWl.l2!>._
$500. OQlJ;Jj:l~tri <:; $1)Q,QQ; .TYcClPJ\l$4Q....Q.Q.;....EJD_"'.!?._.____.
l~JQ.. QQ;_cJothi [19 ..$1Q() .OQ;nJr'ansPQrtfi.tJ9n ..."'?<Jlens~..____
. $.gQ,QS~;J<t;sc ,,,",xpenses$r;Q .00 .._
(g) Persons dependent upon you for support
(Wife.) (Husband) Name: ..__..___..._..._.._~___.u_.___
Ch i ., dren, if any:
Name :_[ib_~WD.td:l,@..t1QJ?Qj_Il_.._ Age: ________~ear.iL____
..Qj:lJLlf_ee..M.QPJ?JD_... _______2_.Y!iL/\.L!?____
t-1e ly..:LnM.QRnLo... __._Q.._.m~:mths --------
4. I understand t.hat. I have a continuing obligation t.o
inform the court. of improvement in my financial circumst.ances
which would permit me to pay the costs incurred herein.
5. I verify that. the statements made in this affidavit are
true and correct.. I understand that false statements herein are
...N)},___.___._. __.________..._..._....._
.____NlA....... .... _.._........._..____....__._._.__.
'---_..~...--------~-----.
Z 332 114' 10'1
us Po"al Sarvlca
, Receipt 'or Certll/ed Mall
No In'uranco Covo,age Provided.
Do nol U'o lor Intoro-1llonal Mall (500 'OVO",.
IY{l0 t E Condl filg
Strojt .Nllmbo,
L.S W Haltlnwre St
p", li6:Sj I81.j ,lIP Cod. -
Car. iHe PA 17013
Postage
$
CertWedFee
Sj>td., D.II\'1l'1' F..
R6SlrlC1ed DeflVtJry ree
~ R.'llm R.eelpl ilh<>wI1g 10
... Whom & Date OeIiVlted
'8. ReNmn 'i1I'Il'IIom, ".' \
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g TOTAL
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us Posl., Sorvlce
Receipt 'or Certified Mall
No Insurance Coverage Provided.
Do nol Use lor International Mall 880 rOV8/S6
Sent~--
o nald W IIaihl
Slre&irNumber
81 Walnut Bottom
PO'IOflle.,SI".. , ZIP Cod. 17257-03.1
Sid pensbur PA
Postage
$
Certified fee
Soedal DBlivWY Fea
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'AUN 01' _'YLYAIll..
-COlii1~PLlA'
NOTIC;I 0' APPIAL q8 -~~3B.
rROM
~tAL OII1.leT
DIITIICT JUITIC;I JUDGMINT
COMMON PL'''' No.
NOTIC;I OF APPEAL
II eMn tMt the appelIanl hot filed In the above Court of Common 1'1oo. on ajlpeQl from lhe Judor-1t .....d by the Dltlrlct ~tk. ,on the
4.ndlnthe_.._JIl4.ec1bebM ",... . '
:-__._TI~:::~hl
'Shlppep8burs PA t72.57
J::::I~"~OOdl~. ~_. .. Ilobln Mo
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<,',\'jj'J/'"
LeBd Service., tne.
, 8 lrdM Row.
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'I,F ,1Nl , Y when thi. no.totioo I. required u~Pa. R.cPJP. Nc>
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li'?,.-. ' .'., PII.~'e:'PETO INTIR RULE TO FILE COMPLAINT AND RULE TO,ILE '
~hl/#~O~=h ~:: ~:~ =~~: :::::: :;,=i. R,C.P.J.P, No, 1001(7) In aotloo bekWe ~~~t ~~e,.'
~;\~.....'CIPI. To I'lothonotary . ,"
1. l!nIer nAe upon RfthArt R. QftftdHnl __ ,aPflan..(.), to /He 0:0 coniplalld 1r1~~.1lI
. Nsmeolll/lPflll6e(.1
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':. lULl. Tol-=~~JMI14"1l . """."..(.~
(I) You CII'I!~ tMt 0:0 nAelt heNby enIefed upon you to fl. a c,,",*,lnlln this appeal within twenty (20) day. after I'" datu'
, .... o' thiI ~~,~ .ervlceOl'by lIlit1iflecI 01' ..tered mall '
.
(2'" you do not file a complaint within thls~me. a JlJl)GMIINT Of' NON PROS Wll.L III! ENTERED AGAINST you.
(3) : daleo'.MN!ce o. "'" t If. ...vIce WIll by mall I. the dote of malhng.
'~~'19ff.
',-Z ',"oM
9. Admitted.
10. Denied. The Deoember 1, 1994 Lease Agreement does not
olearly indicate that Defendant Bistline and a Shawn Tae Moppin
would occupy the leased lot, and no other individuals. TheLease
Agreement does not prohibit assignment of the lease or
sUbletting, and paragraph 13 of the Agreement anticipates the
possibility that assignees or sub lessors may occupy the premises.
11. Denied. Although there is no written lease agreement
between the plaintiff and Robin Moppin, an express, implied
and/or de facto lease agreement exists between the plaintiff and
Defendant Moppin.
12. Admitted.
13. Admitted in part and denied in part. Defendant Moppin
denies that on or about February 14, 1998, plaintiff provided
written notice to Defendant Moppin that eviotion proceedings
would be initiated in the event lot rent was not brought current
within thirty (30) days. She also denies that plaintiff provided
written notice to Defendants that they violated Park Rules and
Regulations No. 5 by failing to care for the premises.
otherwise, she admits that plaintiff provided written notioe to
her as set forth in Paragraph 13 of plaintiff's complaint.
However, she denies that Defendants violated the rules and
regulations as alleged by plaintiff. Defendant Moppin further
denies that said notice was served upon Defendant Bistline.
14. Denied. Defendant Moppin denies that thereafter
Defendants failed to correct the alleged violations of the Lease
Agreement and the park rules and regulations.
15. Denied. Defendant Moppin denies that Plaintiff has
incurred court costs in excess of $85.00 dollars in enforcing the
terms of the lease agreement and park rules and regulations
against Defendants.
16. Defendant Moppin repeats and incorporates by reference
her averments Bet forth above in Paragraphs 1 through 15.
17. Denied. Plaintiff, with full knowledge that Defendant
Moppin has resided in the mobile home located on lot No. 12 in
the Mobile Horne Park, has accepted lot rent from her on an
ongoing basis and otherwise treated her as a tenant, thus
creating an express, de facto and/or implied lease agreement with
said defendant.
18. Admitted.
19. Admitted.
20. Denied. Defendant Moppin denies that Plaintiff is
entitled to possession of the mobile home lot which she occupies.
She further denies that she occupies said lot without legal
right.
21. Denied. Defendant Moppin repeats and incorporates by
reference her averments set forth above in Paragraph 17.
22. Defendant Moppin repeats and incorporates by reference
her averments set forth above in Paragra~hs 1 through 21.
23. Denied. Defendant Moppin denies that Defendant
Bistline has oontinually and repeatedly failed to abide by the
terms of the lease agreement.
24. Denied. Defendant Moppin denies that Defendant
Bistline has continually failed to comply with the park rules and
regulations as set forth in Paragraph 24 of Plaintiff's
Complaint.
25. Denied. Defendant Moppin denies that Plaintiff
notified Defendant Bistline that eviction proceedings would be
initiated if the above-stated violations were not corrected
within thirty (30) days. Defendant Moppin further denies that
Defendants committed said violations.
26. Denied. Defendant Moppin denies that Defendant
Bistline refused to correct alleged violations within thirty (30)
days after receiving notice to correct the vIolations. Defendant
Moppin repeats and incorporates by reference her averments set
forth above in Paragraph 25.
27. Defendant Moppin repeats and incorporates by reference
her averments set forth above in Paragraphs 1 through 26.
28. Denied. Defendant Moppin denies that she has occupied
Plaintiff's Lot No. 12 without a lease agreement, or in any way
wrongfully deprived Plaintiff of the full use and enjoyment of
his property. She repeats and incorporates by reference her
averments set forth above in Paragraph 17.
29. Denied. Defendant Moppin denies that she has committed
trespass on upon Plaintiff'S property and denied Plaintiff of
reasonable profits derived from the reasonable use and rental of
his property. By way of further answer, all rent owed for the
use and possession of this lot has been paid. Defendant Moppin
repeats and incorporates by reference her averments set forth
above in Paragraph 17.
30. Defendant Moppin repeats and incorporates by reference
her averments set forth above in paragraphs 1 through 29.
31. Denied. Defendant Moppin denies that Defendant
Bistline has breached the terms of the written lease agreement
with plaintiff by failing to comply with the provisions of the
park rules and regUlations.
32. Denied. The lot rent for May has been paid into escrow
with the prothonotary by Defendant Moppin, in accordance with
Rule No. 357 of the Cumberland County Rules of Procedure.
Moreover, no late fees are owed.
33. Denied. Orchard Hills Associates is not a plaintiff in
this action.
Hl.1LMA'l'TBR
34. Pursuant to Section 3 of the Mobile Home Park Rights
Act [68 P.S. Section 398.3(C)], Defendants cannot be evicted on
the basis of alleged violations of Paragraph 5 of the Lease
Agreement, or Rules No. 23 and 25 of the PlaIntiff's Mobile Home
Park RegUlations, because these rules are not enforced wIth
respect to the other mobile home residents or nonresidents on the
park premises.
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VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
98 - 2432
ROBERT E. GOODLING,
plaintiff
ROBIN MOPPIN,a single person,
and DELORES BISTLINE, a single
person,
CIVIL ACTION - EJECTMENT
Defendants
f.kAlN'rll'I"-'fLRlPJ...X_'r.!L.N."W....MA'r~J!l..R...Q.I"_Jn;FJ!: NDAtrr..M...Q.U..l..If
plaintiff, Robert E. Goodling, by and through counsel of
Andrew C. Sheely, Esquire, hereby files this Reply to the New
Matter of Defendant Robin Moppin and respectfully states as
follows:
33. Paragraphs 1 through and including 33 of Plaintiffs
Complaint are incorporated herein as i.f set forth at length.
34. Denied and strict proof thereof is demanded at hearing
or trial. By way of further response, plaint iff enforces all park
rules and regulations uniformly to all park residents and non-
residents on the premises owned by Plaintiff.
35. Denied. To the contrary, Defendant Moppin continues to
reside in the premises without a lease and therefore is not
capable of curing any lease violations. By way of further
response, Defendant Moppin and persons residing with her continue
to violate various park rules and regulations during this period
of litigation.
36. The allegations contained in paragraph 36 of Defendant
Moppin's New Matter are conclusions of law t.o which no response is
neCeSSal"Y. To the extent a response is deemed necessary, the
allegation is deni.ed and strict proof thereof demanded at hearing
,
,. \. .i
0&/2411~ga 14:00
717-&97-70&5
ANDRE~I C SHEEL'I A1T'1
PAGE 04
V..II'ICA,l'IQ.
I verify that the atatementl made in thil ~aply to Defendant
Hopp1n'l New Hattar are true and correct, I undentand that
unlworn Itat.mente herein are made lubj.ct to the penalties of 18
Pa. C.S.A. Section 4904, relating to unlworn fallifio,tion to
authori. H.. .
DATE I JUNE
~S , 1998
.t/.*/k-
Robert E. Ooo011n9
il
'.
ROBER'!' E. OOODLlNG,
Plaintiff
IN Till<: COURT OF COMMON I'LEAS OF
CUMBERI .AND COUNTY. I'ENNSYLV ANIA
v.
CIVIL ACTION - LA W
ROBIN MOI'I'IN, II single
person, and DELORES
BISTLINE, a single person,
Defendants
NO, 98-2432 CIVIL TERM
QRDER OF COURI
AND NOW, this LG. 1~ay of August, 1991\, upon consideration of Plain tift's Petition
To Lift Supersedeas and Request for Order of Possession of Real Estate and Avoidance of
Transfer of Asset. a Rule is hereby issued upon the Defendants to show cause why the relief
requested should not be granted,
RULE RETURNABLE within 20 days of service.
BY THE COURT,
a'I'Y01e#
Andre\y C. Sheely, Esq.
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Attorney for Plainti 1'1'
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Philip C. Briganti, Esq.
Legal Services, Ine,
8 Irvine Row
Carlisle, PA 17013
Attorney for Defendants
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ROBERT E. GOODLING,
Plaintiff/petitioner
IN THE COUR'f OF COMMOn PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
98 - 2432
VS.
ROBIN MOPPIN,a single person,
and DELORES BISTLINE, a single
person,
Defendants/Respondents
CIVIl. ACTION - EJECTMENT
PLAINTIFF'S PETITION TO LIFT SUPERSEDEAS AND REQUEST FOR ORDER
Ql.JOSSI!:SSION OF ....BDL ESTATE .AN.P_A'LQ1J)ANCE OF TRAltSF.l1LOLAS.U'E
Robert E. Goodling, plaintiff, by and through counsel of Andrew C.
Sheely, Esquire, hereby files this Petition to lift the supel"Sedeas, to
request an Order for possession of Real property and to request an Order
prohibiting the transfer of assets, respectfully stating as follows:
1. Plaintiff is Robert E. Goodling, an adult individual with an
address of 258 West Baltimore Street, carlisle, pennsylvania, and also
having a Post Office BOK Number of 1085 Mechanicsburg, pennsylvania,
17055.
2. Defendant Robin Moppin is an adult individual with a last known
address of 12 Town Mills, Shippensburg, Pennsylvania.
3. D9fendant Delores Bistline is an adult individual with a last
known address of 12 Town Mills, Shippensburg, pennsylvania.
4. plaintiff, Robert E. Goodling, is the record legal owner of
certain real estate being improved with a mobile home park, located in
the Township of Shippensburg commonly referred to as "Town Mills",
having been acquired by Deeds dated June 6, 1988, and recorded in the
cumberland County Recorder of Deeds office in Deed Book "J", Volume 33
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at page 735, by Deeds dated October 23, 1990 and recorded in the
Recorder of Deeds Office in and for Cumberland County, Pennsylvania in
Deed Book V, Volume 34, Page 1164, dnd as evidenced by Deed Book 153
Page 131, as recorded in the Recorder of Deeda Office in and for
Cumberland County, Pennsylvania
5. At all relevant times herein, Defendant Delores Bistline is the
legal owner of all Amer.icana mobile home with a approximate dimensiolls 0'1:
12' * 55' which is located on lot No. 12 of Plaintiff's mobile home
park.
6. On or about April 8, 1998, a judgment for possession of lot No.
12 in the mobile home park was granted to Plaintiff together with
damages in the amount of $85.88 against Defendants Bistline and Moppin.
7. Defendant Delores Bistline did not appeal the April 8, 1998
judgment.
8. On or about July 23, 1998, final judgment was entered by
Plaintiff against Delores Bistline in the Court of Common Pleas of
Cumberland County.
9. On or about April 29, 1998, Defendant Moppin filed an appeal to
the judgment of April 8, 199B resulting in the above-captioned action.
10. No written lease agreement exists between Plaintiff and
Defendant.
11. The written lease agreement executed by Plaintiff and Delores
B1stline requires that rent be paid on or before the 1st day of each
month.
2
12. Since filing the instant appeal, Defendant Moppin has
oontinuous1y paid lot rent late to the Court of Common Pleas.
13. Defendant Moppin paid an amount of $170.00 on May 4, 1998,
which was four days late.
14. Defendant Moppin paid an amount of $170.00 on June 8, 1998,
which was eight days late.
15. Defendant Moppin paid an amount of $170.00 on July 10, 1998,
which was ten days late.
16. Defendant Moppin paid an amount of $170.00 on August 4, 1998,
an amount which was four days late.
17. Payment of rent late is a violation of park rules and
regulations.
18. Payments made to the Prothonotary by Defendant Moppin were made
pursuant to ~~R.C.P. 1008 and are held in Escrow by the Cumberland
County Prothonotary in lieu of bond.
19. Defendant Moppin has not filed any bond with the Cumberland
County Prothonotary.
20. Payments made by Defendant Moppin are consistently late.
21. As a result of her failure to pay the monthly rental payment in
the amount of $170.00, Defendant Moppin is no longer entitled to a
supersedeas from enforcing judgment for possession of the real property.
22. As a result of her failure to have any lawful interest in the
mobile home, Defendant Moppin is no longer entitled to a supersedeas
from enforcing judgment for possession of the real property, namely the
3
mobile home owned by Defendant Bistline.
23. Defendant Moppin has no lawful right to maintain possession of
the Lot #12 of Plaintiff's mobile home park.
24. Plaintiff has recently been advised that Defendant Bistline is
attempting to transfer title to Defendant Moppin.
25. Defendant Bist.line's efforts to transfer her legal interest and
title to the mobile home to Defendant Moppin violate the Unifonn
Fraudulent Conveyance Act, Act of December 3, 1993, P.L. 479, No.7 ,._illl.
gmend~, 12 Pa.C.S.A. Section 5101, et_~~L in light of Plaintiff's
claims against Defendant Moppin.
WHEREFORE, Petitioner, Robert E. Goodling, respectfully requests
that this Honorable Court
(1) Lift the Supersedeas as it applies to Defendant Moppin
and allow Plaintiff to obtain possession of Lot No. 12 of the
mobile home park; and
(2) Enter judgment i.n favor of Plaintiff, Robert E.,
Goodling, and against Defendant, Robin Moppin, for possession
of Lot No. 12 of the mobile home park; and
(3) Enter an Order directing Defendant Robin Moppin to
refrain from any activity wherein she would attempt to take
charge of, title to or own Defendant Bistline's mobile home;
and
(4) Enter an Order of Court directing Defendant, Robin Moppin,
to immediately remove all of her possessions from Plaintiff's
4
district justice jUdgment for possession of Lot 12 in the mobile
home park was awarded to Plaintiff against DefendRnts, along with
CO\lrt costs in the amount of $85.88. Defendant denies that any
award of damages was made to Plaintiff.
7. Admitted.
8. Admitted.
9. Admitted in part and denied in part. Defendant Moppin
admits that on April 29, 1998, she filed an appeal to the
diatrict justice judgment. dated April 22, 1998 (not April 8,
1998) .
10. Admitted. Defendant Moppin admits that no written
lease agreement exists between Plaintiff and Defendant Moppin.
However, there is an express, de facto and/or implied lease
agreement between Defendant Moppin and the Plaintiff, as Ms.
Moppin has lived in Plaintiff's mobile home park for several
years with the Plaintiff's knowledge and consent, and Plaintiff
has accepted lot rent from her.
11. Admitted. However, no such written lease agreement
exists between Plaintiff and Defendant Moppin. Moreover, it is
Ms. Moppin' s understanding, based on her dealings with Plaintiff,
that the rent is due on or before the 5th day of each month.
12. Denied. Defendant Moppin denies that since filing the
instant appeal, she has continuously paid lot rent late to the
Court of Conunon Pleas. Since filing the appeal on April 22,
1998, she has paid rent to the Prothonotary on the following
dates: May 4, 1998; June 8, 1998; July 10, 1998; August 4, 1998;
and September 3, 1998. Thus, based on the part.ies' understanding
that the rent is du~ on or before the 5th of each month, the rent
has been paid late to the Prothonotary only two months, and on
those occasions only by several days,
13. Admitted in part and denied in part. Defendant Moppin
admits that she paid $170.00 in rent to the Prothonotary on May
4, 1998, but she denies that this payment was four days late,
because the rent was not due until the 5th day of the month.
14. Admitted in part and denied in part. Defendant Moppin
admits that she paid $170.00 in rent to the Prothonotary on June
8, 1998, but she denies that this payment was eight days late,
because the rent was not due until the 5th day of the month. The
rent was not paid until .Julle 8t.h because Defendant Moppin had
given the rent money to her mother before the rent was due to
purchase a money order, but her mother forgot to purchase it
until June 7th.
15. Admitted in part and denied in part. Defendant Moppin
admits that she paid $170.00 in rent to the Prothonotary on July
10, 1998, but she denies that this payment was ten days late,
because the rent was not due until the 5th day of the month.
16. Admitted in part and denied in part. Defendant Moppin
admits that she paid $170.00 in rent to the Prothonotary on
August 4, 199B, but she denies that this payment was four days
late, because the rent was not due until the 5th day of the
month.
17. Defendant Moppin admits that tho late payment of rent
is a violation of park rules and regulations. However, as set
forth above in Paragraphs 11 through 16, Defendant Moppin denies
that her rent pa~nents to the Prothonotary were continually late,
and asserts that when they were late, it was only by several
days. Thus, any violation by Defendant Moppin was de minimis and
would not constitute a ground for eviction, especially in light
of the fact that all af the rent has been paid. Moreover,
according to the park's rules and regulations, Plaintiff's
recourse for the untimely payment of rent is the imposition of
late charges, which is a more appropriate remedy than eviction,
especially in this case.
18. Admitted.
19. Admitted.
20. Denied. Defendant Moppin repeats and incorporates by
reference her averments set forth above in Paragraphs 12 through
17.
21. Denied. Defendant denies that she has failed to make
the rental payments in the amount of $170.00 per month; all of
said payments have been made. Accordingly, she asserts that she
is entitled to the continuation of the supersedeas staying
enforcement of the district justice judgment for possession.
22. Denied. Defendant Moppin denies that she has no lawful
i
interest in the mobile home. In fact, she became the owner of
this home July 31, 1998 (see F,xhibi t "A"), and prior thereto
lawfully occupied the home pursuant to an agreement between
Defendant Moppin and the former owner of the home, Delores
Bistline. Moreover, the extent of her interest in the home is
not relevant to the issue of whether the supersedeas staying
enforcement of the judgment for possession should be continued.
23. D~nied. Defendant Moppin denies that she has no lawful
right to maintain possession of Lot 12 of Plaintiff's mobile home
park. She 1s the owner of the mobile home located on this lot,
has occupied the lot with Plaintiff's knowledge and consent, and
has paid all lot rent accruing since the appeal was filed into
escrow wi th the Prothonotary.
24. Admitted. In fact, as set forth above in Paragraph 22,
the title has been transferred to Defendant Moppin.
25. Denied. Defendant Moppin denies that Defendant
Bistline's efforts to transfer her legal interest and title to
the mobile home violate the Uniform Fraudulent Conveyance Act, 12
Pa.C.S.A. Section 5101 et se~., in light of Plaintiff's claims
against Defendant Moppin. The transfer to Ms. Moppin in no way
was intended to hinder, delay or defraud Plaintiff, and did not
have that effect. The only monetary claim which Plaintiff has
against Defendants is for lot rent, and this claim can (and is
intended to) be satisfied from the rent escrow account
administered by the Prothonotary. Indeed, there is no rent
claimed or owing beyond the amount that has been paid into
escrow. Moreover, even if all amounts necessary to satisfy a
rent judgment had not been paid into escrow, transfer. of the
mobile home to Ms. Moppin would not impair Plaintiff's ability to
enforce the jUdgment, because she is a CO-defendant in this
matter and the mobile home would still be subject to execution.
In addition, the transfer of the mobile home to Ms. Moppin did
not render Ms. Bi sU ina insol ven t, and she has other assets from
which a judgment could be satisfied.
NEW MATTER
26. Plaintiff has not been harmed by the late payment of
rent because, prior to the filing of the Petition in the instant
matter, he did not apply to this Court for release of the rent
from the escrow account on a continuing basis, as he is allowed
to do pursuant to Pa. R.C.P.D.J. No. 1008(B). Thus, the fact
that the rent was occasionally paid to t.he Prothonotary several
days late was of no consequence to him.
27. On August 24, 1998, the date Plaintiff'e Petition was
filed, all the rent Defendant owed was being held in escrow with
the Prothonotary and there was no arrearage. In fact, the escrow
account. had been current since August 4, 199B, when Defendant.
Moppin paid her August rent, and it is current as of the present
date.
2B.
It would be inequitable to terminate the supersedeas
de minimi~ and inconsequential late payments of rent.
for such
All of the rent has been paid, and Plaintiff suffered no hardship
as a consequence of the late payments. Moreover, Ms. Bistline
and her family, who have very low income, would suffer
significant nardships, including homelessness, if displaced from
their residence of approximately four years.
29. Pennsylvania public pOlicy, as reflected in
Pa. R.C.P.D.J. No. 518, affords tenants who are delinquent in
their rent payments the opportunity to avoid eviction by curing
the default. This policy, which recognizes the public benefit of
preventing homeleEsness, is applicable to the situation at bar.
Moreover, Section 3 of the Mobile Home Park Rights Act (68 P.S.
Section 398.3), provides mobile home park residents wi th twenty
or thirty days to cure a rent default, depending on the time of
year, after they are served with notice of the default.
30. This Court, as evidenced by the attached Order entered
by the Honorable Harold E. Sheely, P.J., in a different eviction
proceeding (see Exhibit "B"), has provided tenants who fall
behind on their rent escrow payments a reasonable opportunity to
cure their default before terminating the slIpersedeas. In the
case at bar, Ms. Moppin's periOds of lateness were very short,
and all amounts due have been paid.
31. Terminating the supersedeas on such de minimis grounds
would effectively deny Defendant Moppin a hearing on the merits
of this eviction action, to which she has strong defenses.
WHEREFORE, Defendant Moppin respectfully requests that the
JAMBS TWIGG AND BETTY TWIGG,
t/a STOUGH'S MOBILE HOME PARK,
Plaintiffs\Petitioners
V
DAVID BAVEY AND KIM WATTS,
Defendants\Rospondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 3959 CIVIL 1992
ACTION IN EJECTMENT
IN REI PLAINTIfr~' PETITION TO TERMINATE SUPERSEDEAS
BErORE SHEELY. P.J.
ORDER or COURT
AND NOW, this
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day of January, 1993, we
hereby GRANT defendants twenty (20) days to pay $50.00 for each
month in arrears for a total of $100.00 in accordance with
Pa.n.C.P.J.P. 100B(b) and C.C.R.C.P. 357. Defendant paid part of
the rent due but not all of each monthly rent paytrlent. We find
that the monthly amount due for the rent is $265.00. The
language at the end of the lease is merely an itemization of the
total monthly amount due. We order defendant to pay the entire
$265.00 per month until the pending action is resolvlld.
~BY ;thEl Court, . I
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.(_~.-ry ll~ . dh~ //~. .
H ro d E. Sheely, P.J.
~d W. DeLuce, Esquire
For the Plaintiffs
Philip Brigan t.i., Esquire
Legal Servioes for the Defllndants
Ipbf
II
Exhibit B (
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ROBERT E. GOODl,iNG,
Pla1.ntiff
IN TilE COUR'r OF COMMON PLEAS OF
CUMBERl,AND COUNTY, PENNSYI,vANIA
VS.
98 - 2432
ROBIN MOPPIN,
anQ DELORES BISTLINE,
Defendants
CIVIL ACTION - EJECTMENT
CJlliI'.l..A.I.tU'
Plaintiff, Robert. E. Goodling, by and through counsel of
Andrew C. Sheely, Esquire, hereby f Uea this Compla.i.nt and
respectfully states as follows:
1. Plaintiff is Robert E. Goodling, an adult ind1.vidual with
an address of 258 West Baltimore Street, Carlisle, Pennsylvania,
and also having a Post Office Box Number of lOBS Mechanicsburg,
Pennsylvania, 17055.
2. Defendant Robin Moppin is an adult individual with a last
known address of 12 Town Mills, Shippensburg, Pennsylvania.
3. Defendant Delores Bistline is an adult individual with a
last known address of 12 Town Mills, Shippensburg, Pennsylvania.
4. Plaintiff, Robert E. Goodling, is the record legal owner
of certain real estate being 1.mproved with a mobile home park,
located in the Township of Sh1.ppensburg commonly referred to as
"Town Mills", having been acquired by Deeds dated June 6, 1988,
and recorded in the Cumberland County Recorder of Deeds office in
Deed Book "J", Volume 33 at page 7 35, by Deeds dated October 23,
1990 and recorded 1.n the Recorder of Deeds Office in and for
Cumberland County, Pennsylvania in Deed Book V, Volume 34, Page
1164, and as evidenced by Deed Book 153 Page 131, as recorded in
the Recorder of Deeds Office in and for Cumberland County,
.-
pennsylvania, sl1me beinq bounded and desct'ibed aa follow!! I
ALL 'rHA'r THOSE CER'l'AIN tracts, lots, Ot. parcels of land,
together witli improvements erected thel:oon, in the 'rownship
Shippensburg, ClImber land County, ponnsylvania, being more
particularly bounded and descdbed as follows I
'UAC.T.._JiQ_Ll
BEGINNING at an parker-kalon nail in the centerline of
Township Route 303 at COl'ner of la\lds now or formerly of wilHam
GarHng/ thence by lands now or former'ly of William Garling South
4 degrees 34 minutes 27 seconds West, 110.00 feet t.o a poi.nt/
thence continuing along lands of the Bame south 85 degrees 24
minutes 33 seconds Eaat, 25.00 feet to an iron pin/ thence
continuing along the same South 32 degrees 18 mi.nutes 20 seconds
East, 38.56 feet to an iron pin at line of lands now or formerly
of Ray Strayer; thence by land now or formerly of Ray Strayer
South 51 degrees 52 minutes 42 seconds Wes t, 7..3 0 feet to an iron
pin/ thence continuing along s of .the same and along lands now or
formerly of J. P Thrush South 29 degrees 58 minutes East, 177.64
feet to an iron pin at lands to be retained by Gladys D.
Rhinehart/ thence along lands to be retained by Gladys D.
Rhinehart South 29 degrees 29 minutes 58 seconds East, 10.01 feet
to an iron pin/ thence along the same South 22 degrees 55 minutes
34 seconds East, 199.46 feet to an iron pin at line of lands now
or formerly of John Stengel/ thence by lands now or formerly of
John Steng1e South 60 degrees 56 minutes 42 seconds west, 98.50
feet to an iron pin at line 0 land& now or formerly of western
Maryland Rai.lroad; thence by lands now or formerly of Western
Maryland Railroad North 72 degrees 4 minutes 19 seconds West,
193.65 feet to an existing iron pin at lands now or formerly of
Fred Gorsuch/ thence by land now or formerly of Fred Gorsuch North
25 degrees 27 minutes 23 seconds West, 577.10 feet to an existing
railroad spike in the centerline of Township route #303/thence by
the centerline of Township Route #303 south 85 degrees 27 mi.nutes
48 second East, 188.63 feet to a parker-ka10n nail at lands now or
formerly of Gladys D. Rhinehart/ thence by lands now or formerly
of Gladys D. Rhinehart South 6 degrees 30 minutes 16 seconds West,
89.78 feet to a point thonce along the same South 85 degrees 28
minutes 10 seconds East, 67.10 feet to a point/ thence along the
same North 6 degrees 30 minutes 16 seconds East 89.78 feet to a
parker-ka1on nail in the centerline of Township Route #303/ thence
with the center of Township Route #303 South 81 degrees 59 minutes
38 seconds East, 63.62 feet to a parker-ka1on nail, the place of
BEGINNING. CONTAINING :1.205 acres more or less according ( to the
draft of survey of John R- Kissinger, R.S., dated December 29,
1987.
INCLUDED in the above description but specifically excluded
2
from this conveyanoe is the following described tract of land,
BEING that same land described in Deed Book L, Volume 24, at Page
123, specificallYI
ALL THAT CERTAI N tract of land sit.uat.e in Shippensburg
Township, Cumberland count.y, Pennsylvania, as more particularly
shown on plan of property of 'I'he West End Land Company known as
"Town Mills", Shippensbur'g Township, made by T.L. Essick, Reg.
Eng. on October 15, 1948, bounded and descd.bed as follows, to
wit I
BEGINNING at a point on the road leading from Middle Springs
Road to Roxbury Road, said point being the dividing line between
the property herein described and ot.her lands of Grantors herein;
then along said dividing line, South 2 degrees 34 minutes West,
125.00 feet to a point at other lands of Grantors herein; thence
along other lands of Grantors herein, North 87 degrees 17 minutes
West 30 feet to a point at line of lands, now or late of Robert
Bard; thence along last mentioned lands, North 27 degrees 7
minutes west, 142.00 feet to a point on the southern line of
aforesaid road leading to Roxbury Road; thence along southern line
of said road South 87 degrees 17 minutes East, 100 feet to the
place of BEGINNING.
TRACT NO. 2.~
BEGINNING at a point on the Road leading from Middle Springs
Road to Roxbury Road, said point being the dividing line between
the property herein described and other lands of the Grantors
herein; thence along the dividing line, South 2 degrees 34 minutes
West, 125 feet to a point at other lands of Grantors herein;
thence along other lands of Grantors herein, North 87 degrees 17
minutes West, 30 feet to a point at line of lands now or late of
Robert Bard; thence along last mentioned lands, North 27 degrees 7
minutes west, 142 feet to a point on the southern line of
aforesaid Road leading to Roxbury Road; thence along the southern
line of said Road, South 87 degrees 17 minutes East, 100 feet to
the place of BEGINNING.
A copy of the deed is attached hereto and incorporated herein as
Exhibit "A".
7. Plaint1ff, Robert. E. Goodling, acquired an immediate right
to possession and ownership of the premises by virtue of the deed
as referred to in paragraph No. 4 hereinabove.
8. Defendant Delores Bistline is the legal and/or equitable
3
owners of a 1II0bile homo whioh i.ll ploflllntly ooollpyillq l,ol No. 12 of
tho Mobile 1I0llle park oWlled /lnd IlPClIIIUHI by 1'111.1 ntH f, Baid lot
being situatlMI Oil l'lalllU f'f' H 11l/lJ proplllt.y /ltI dotleribed in
Exhibit "A".
9. 011 OJ about 1J(l(JolI\hol 1, 1 1)l)4, ()oj~endant Delores A.
Bistline ent.Ullld Int.o /1 Mold 10 lloll\G !'/lrk l,ease Agreement with
PlaintJ.ff and fill t.hol IIKlllllllml 1\ oopy of park Rules and
Reg1l1atlonll fOI 10111dllHI '111 Ihll Mobile Home Park. A copy of the
Leana AqrOf.lll\ont. fwd 111111111 rllld Ilnqulations are attached heret.o as
E:xh.Ud.t. "II".
1 (). '('hll 11I1I!oml.." I, 1'194 LOllse AqrfJement clearly indicates
that Dofumlllnl IIIHUlnll /llId II Shawn Tae Moppin would occupy the
leased lot., find no otlHH individuals.
11. N(l lllflllU fHlrOllll\Unt (lxiats between Plaint.iff and Robin
Moppin.
12. At 80mo potnt between December 1, 1994 and the present,
Defendant Robln Moppin began residing in the mobile home occupying
lot No. 12 of the mobi.le home park.
13. On or IIbout E'ebrllllry 14, 199B, plaintiff, provided
written Notlce to Dflfendants that Defendants violated Park Rules
and RegulaU.onfl No. ~l hy fll1.1ing t.o care for the premises and Rule
No. 2:1 and No. ~~l by parking immoblHzed and disabled mobile
vehioles, 1nop''''1I1110 mot.or vehloles and currently inspected motor
vehicles w.I tld n l.IlH pllrk, and furt.her that eviction proceedings
would bo .llIi\.l.a\.ect in t.he event t.he lot rent was not brought
oun:ent wHhin thlr:ty (30) days. A copy of the Written Notice is
4
attached hereto as Exhibit "C".
l4.Thereafter, Defendants failed to correct the violations of
the Lease Agreement and Park Rules and Regulatioos.
15. Plaintiff has incurred court costs in excess of $B5.00 in
enforcing the terms of the lease agreement and park rules and
regulations against Defendants.
!::OUN~1..L~ECTHIDi'r
ROBERT E. GOODLING v. ROBILMOP~
16. Paragraphs 1 through and including 15 hereinabove are
incorporated here~n by reference thereto.
17. No lease agreement or other agreement currently exists
between Plaintiff and Defendant Robin Moppin to allow Defendant
Robin Moppin to reside in the mobile home on lot No. 12 in the
Mobile Home Park.
lB. Defendant Robin Moppin has exercised and continues to
exercise exclusive possession and Control over that portion of
Plaintiff's property described as Lot No. 12 in the Mobile Home
Park, by using said lot for the location of a mobile home and as a
residence.
19. Efforts by Plaintiff to direct Defendant Moppin to
remOve herself and the mobile home from Plaintiff's property have
been without SUccess.
20. Plaintiff is entitled to inunediate and exclusive
possession of lands which Defendant Moppin currently maintains or
occupies without legal right.
5
21. [)llf~lIldllllt MoppJ.n hila not executed a lease over that
potU.OII of I'I/lln\.II"" tl pnlper:\:y described in Lot No. 12 in the
Mohilll lIome l'ill'k.
WIII!:IH':\"OIU!:, 1'1/ltnUf' f., Ol'char.d ltills Associates, respectfully
r.9qu011tll thil\', th \.11 lIonor:i~b1e Court I
( t) l~nt.fJr judgment i.n favor of plaintiff and against
Ilefendant Moppin for possession of I,ot. No. 12 of the mobile
hOll\e park, said property being described in full by deed dated
deacr.ibed in Exhibit. HAH;
(2) Ent.er an Or.der of Court directing Defendant Moppin to
Inunediately remove herself and her contents from the mobile home
and from Plaintiff's property, namely Lot No. 12, all at Defendants
oost;
(3) Entel an Order of Court directing Defendant Moppin to pay
for and assume Plaintiff's court costs, legal costs and fees; and
(4) Any other relief deemed just. and equitable.
COUNT I I. EVIC~.ION
11QUR.'1'.._~.Q.QDLING v .~ORES A. BISTLINE
22. Paragraphs 1 through and including 21 hereinabove are
inoorporated herein by reference thereto.
23. Defendant Delores A. Bistline has cont.inually and repeatedly
tailed to abide by and comply with the terms of the December 1, 1994
leatle agJ:eement.
24. Defendant Delores A. Bistline has continually refused to comply
6
with reasonable park rules and regulations after notice to comply by
failing to I .
a. Maintain the premises in good care; and
b. Keep certain cOIlU1\on areas such as sidewalks, driveways and
yards free of debris, trash and in condition so as to allow
unencumber'ed and unobstructed use of such COIlU1\OIl areas 1 and
c. Refrain from using the lot and adjacent cOIlU1\on areas as a
storage lot for the parking of inoperable, uninspected and
improperly licensed motor vehicles.
25. Plaintiff previously notified Defendant Bistline that eviction
proceedings would be initiated if the above-stated violations were not
corrected within thirty (30) days.
26. Defendant Bistline refused to correct violations within thirty
(30) days after receiving notice to correct the violations.
WHERE~ORE, plaintiff, Robert E. Goodling, requests that this
Honorable Court enter judgment agai.nst Defendant Bistline and in favor
of plaintiff, and
(1) direct that Defendant Bistline iIlU1\ediately remove
herself, her belongings and the trailer from l,ot No. 121 and
(2) enter an Order of Court directing Defendant Bi.stline to
pay for and assume Plaintiff's court costs, legal costs and feesl
(3) Any other relief deemed just and equitable.
COUNT 1111 TRESPASS
ROBERT E. GOODLING v. ROBIN MOPPIN
27. paragraphs 1 through and including 26 as set forth in CO~lIlt I
7
and II hereinabove are incorpOl:a tod herein by reference thereto.
28. As a result of continually occupy:!.ng and maint.aining a mobile
home and other possessions on Plai.ntiff's Lot No. l~ without a lease
agreement, Defendant Moppin has deprived plaintiff of the full use and
enjoyment of Plaintiff's property.
29. As a result of residing and utilizing a mobile home on
Plaintiff's premises as set forth herein, Defendant Moppin has committed
trespass upon plaintiff' B property and has denied plaintiff of
reasonable profits derived from the reasonable use and rental of
Plaintiff's property.
WHEREFORE, Plaintiff requests that this Honorable Court enter
judgment against Defendant Moppin and in favor of Plaintiff, and
(1) direct that Defendant Moppin immediately vacat.ed the
premises and remove the trailer located on Lot No. 12, and further
award plaintiff money damages and lost profits; and
(2) Enter an Order of Court directing Defendant Moppin to pay
for and assume Plaintiff's court costs, legal costs and fees; and
(3) Any other relief deemed just and equitable.
COUNT IV. BB.EACH...QE'....LEAR AGRUMENT
ROBERT E. GOODLING v. DELORES BISTLINE
30. paragraphs 1 through and including 29 as set forth in Counts I,
II and III hereinabove are incorporated herein by reference thereto.
31. Defendant Delores Bistline has breached the
terms of their written lease agreement with Plaintiff by failing to
comply with the provisions of the park rules and regulations.
32. Defendant Delores Bistline has filed to pay reasonable lot rent
8
-".
lOT. ~.\JL
'j MOBILE HOME PARK LEASE AGREEMENT P~HK ,tllt".~._ft1 f l ( j
Made Ihe -' ) ~.. -.-. day 01. .J)L(..J!'llk~_.. ___.__., 19 __.~-'} by and bolwoon Roborll lJOOdhng, lossor
and -- DU.OR.t~-.-..1L__B.u:C~.i._'.__._'___'________n_._~.._ Lessee,
WHEREAS, Lessor owns and oporalos a mobile home Jl<1rk In which l.esseo deslros 10 occupy a mobllo home silo.
NOW THIS AGREEMENT WITNf.SSETlI, Ihallho parlles herolo, tor and In consldorallon of Ihe mulual covenanls conlalnod herein, and In.
londlng 10 be legally bound horeby, illllOO as lollows:
I. rhe renl shall be $ ..I"6S . i!~ per monlh, payablo onlho IIrsl day 01 oach monlh In advance 10 Ihe olllco 01 Lossor, Roberl E.
GOOdling,' VJrJ~ZAA" 17013. _
2, This lease sharf efor1he relntof One monlh, commonclng on Iho lirsl day of _----D.~_ , 19 ~1. and lermlnallng on
Ihe lasl day ol___IJLt_.,..._.____, 19 __q~_, provided thaI a holding over by Lesseo may be conslrued by lossor, allts option,
as a renewal of Ihls lease lor anolhor IIko lorrn sUble"' 10 alllhe lerms and conditions ollhls lea so.
3. OCCUPANTS. l.essee and l.essor agree Ihe following persons and no olhers will occupy Ihe leased premises;
Name bt.LoR.t-S A. B/St/../Nf-" Age 51
SllfI.vtJ .mE MOf'flrJ s
4, lessee shall, upon exocutlon of Ihis loase, deposit with lessor as security lor Iho perlormance 01 ali Ihe terms, covenanls and condl'
lions of this lease, a sum In Ihe amounl of ono month's ronl, 10 be relalned by Lessor unllllhe end ot Iho original lerm and any exlended
terms of Ihls lease. Upon termination ollhls lease, by delault or olherwlse, Ihe Security Deposll shall be relurned 10 Lessee, less any
charge for damage 10 Ihe leased premises, renl arrearages, or charges Irealed as renl arrearages, Lessee agrees 10 leave a forwarding ad.
dress wllh lessor upon vacation 01 Ihe leased premises 10 facllllale Ihe return ollhe Securlly Deposit as above sel lorth.
lessee acknowledges Ihallhe enlorcement of Ihe rules and regulations upon violation of same will cause Ihe Lessor Inconvenlonce
and expense. Lessee will forfell Filleen ($15.00) Dollars of lessee's securlly deposit lor each and every violation, and sum 10 be Irealed as
a renl arrearage.
5, The Lessee shall lake good care ollhe premises and shall maintain Iho promises In good condlllon, and upon vacallng Ihe premls6S,
ellhor allho oxplrallon ollho torm or lor olher roasons, shall dellvor Iho renled promlsos In good order and condillon, wear and loar from a
roasonable USO Iherool, and damage by Iho olomonls nol rosulllng Irom the noglecl or fauil 01 Iho Losseo excopled. Tho Lessoo shall nellhor
encumber nor obslrucllho sidewalks, drlvoways, or yards, bul sh~1I keep and malnlaln the same In a cloan COndition, freo Irom debris,
Irash, rOluso, snow and Ice.
6. Tho Lessoo agrees 10 and shall save, hold and keop harmless and Indemnify the lossor from and lor any and all paymenls, ox.
pensos, costs, attornoy leos and from and for any and all claims and liabilities lor losses or damage 10 proporty or Injuries 10 persons occam
sloned wholly or In parl by or resulllng from any acl or omissions by Iho Lessoo or Ihe losso's guesls, IIcensoes, Invileos, or lor any cause
or roason whatsoevor arising oul 01 or by reason of Ihe occupancy by the Lesseo.
7. If Ihe demlsod premises shall be laken under omlnent domain or condemnation procoodlngs, or If Ihe lossor convoys Iho said
premlsos 10 any govornmenlal aulhOlllles seoklng 10 lako Iho said promises, or If thero Is a change In uso 01 tho park land, 01 parts Ihereol,
or lormlnallon of Ihe park, Ihon Ihls loase, allho option ollho Lessor, shalllormlnale, and Ihe lerm hereof shall end as of such a dale as the
Lessor shall fix by nollce. Lossoe shail havo no claim nor Inloroslln Ihe componsation recolved by lessor for such laking.
8. If the Lossoo shall fall 10 COmply wilh any condillons and covenanls herool, Iho lessor may perform such condlllons and covenanls,
allho cosl and exponso 01 Ihe Lessee, and Ihe said cost and oxpense shall bo added 10 Iho noxtlnslallmonl of ront and shall be payablo as
such.
9. The Lossoe agrees Ihallhe Lossor and the Lessor's agents, employees, or olher represenlallves, shall have the IlghllO enler mto
and upon Ihe said promlsos conslsling ollho 101 which Is Iho sUbJocl of Ihls loase, or any parllhereol, al all roasonable hours, lor lhe pur.
poso 01 o"amlnlng tho same or making such ropalrs or allerallons Ihoroln as may be nocossary for Ihe safoly and presorvatlon thereof. This
clause shall nol be deemed 10 be a covenanl by the lossor nur bo conslrued 10 creato an obligation on Iho part ollhe lossor to make such
Inspocllon or repairs.
lD. All gOOds and porsonal proporty 01 any kind In or upon tho leased premisos shall bo sole responsibility of Ihe Losseo, and in noevenl
shall Lessor be lIablo lor any loss or damage to said good or property lor any roason whalsoever.
11 Lossor shall nol bo liable lor lilllllfO 10 lIive possosslon ollho loa sed properly to tho Lessoe upon Iho offectlve dalo of Ihls loase. In
such evonl, renlal paymenls and olher loos, chargos or assessments shall nol commonco unlll posSosslon Is given 10, or IS mado available
to Ihe I.osseo, and the lerm ollho lease shall bo exlonded accordingly.
12. Any equlpmenl, lixtures, goods 01 olher proporly 01 Iho Losseo nol romoved by Ihe Lesseo upOn any quilling, vacallnll or abandon'
menl ollhe promlsos by Iho Lossee, or upon Ihe I.ossoe's evlcllon, shall bo considered as abandoned and Ihe Lossor shall havo Iho rlghl.
wllhoul any notice to Ihe lossee, 10 sell or olherwlse dispose of the same allhe expense of Ihe '-essM and shall nOI bo accountable 10 Ihe
Lossoe for any parI ollhe procoeds of sllch sale, If any
ElC t, I.blt "rY
.. I,
I
13. The lessor shall nol hll IIallla for any damage or Injury which may be suslalned by Ihe leme or any olltol p8l50nS, as a conse
quence 01 Iho lallure, breakill/n. leakage or obslrucllon 01 Ihe waler, sewer, wasle or 5011 pipes, or Ihe eleclrlcal, gas 01011 syslem, or by
reason ollhe olomonls, or rusulllng homlho calelessness, negligence or Improper conducl on Ihe pari 01 any olher 1.05500 nr Ihe lossor or
Ihe lessor's or fhls or any olhml.essee's agenls, guesls, licensees, Invilees, sublessess, asslgnoes or successors, or ,Ulrlbulable Ie any
Inlerlerence wilh, Interrupllon alar 1,IIIure, beyond Ihe conlrol ollhe lessor, 01 any sorvlcos 10 bu lurnlshed or suppllod by the I.essor.
14. The various IIOhls and IUnllldles 011116 lessor exprassed herein are cumulallve, ilnd the Iilllure ollho lossol 10 enlorce any such
rig hi or remedy al any lime ill/illnsl Iho I.ossee Shall nol constilule a waiver Ihereol.
15. lessee shall pay all counly, municipal and school dishlcl real eslate laxes assossed and Iwind agalnsllus homo and personal Ilro.
perly, and shalllurmsh lussor. whlln fllquesled, wilh prool olpilymenl 01 same. Failure to pay such laxes. when due Shall be a vlolilllon 01
Ihe lease, rules, OIlugulilIIOn!., II ,my, and cllnshlute dolauilll6rllundOl. Prior 10 removing a mobile hllmo a removal pernlll musl ba shown
10 tho park owner.
tB. The said lllSSOIl hllllllry cOlIllISSIIS judgemenl in lavor 01 Ihe said lessor tor Ihe whole amounl otlhe renl al any hme remaining un.
paid, and any olher charges ineul/od hereunder, whelher Ihe same shall have been due or not, waiVing slay olllxecullon, Inqulsllon and all
exemplion laws now IUl0rce or which lIIay herealler be passe~, and aUlhorlzed Ihe adding 01 a lIVe 15%) percenl allorney's commission tOf
collocllon; and lurl/wr does hllJOlly, upon lire breach 01 any ollhe conditions ollhls lease, including non'paymenl 01 renl or VIOla lion 01
rules and regUlatIons, "any, authorile any allorney 01 any courl 01 recnrd 10 appear tor him and enter amicable acllon 01 eloctmenl and con.
less a judgement 01 ejectmonllhorelntor the premises herein described and does aulhorlze Ihe immedlale Issuing 01 a wrll 01 possessIon
and execul/on lor cosl wllhoUI asking loavo ollhe court. A phOlocopy of this lease may be used lor conies sian 01 Judgemenllor unpaid renl,
or lor con less Ion 01 judgement rn olocllllenl. Such remedIes shall be cumulalive, and not allernalive, and may be re.oxerclsed as
necessary.
1 r. The lessee shall r.OlllOJllllo all rules and regulalfons made by Ihe Lossor lor Ihe use and government and managemonl 01 IhlS mobIle
home park 10 prolectlhe enllre premises 01 the l.essor and to lurther Ihe general comlort and wellare 01 all ollhe occupanls, wh,ch rules
and regulations, and any cha'igos Ihereto herealler adopted, are allachecl herelo and Incorporaled herein or relerence, and made a part
hereol, and are covenanls and condlllons ollhls lease, Ihe same as il lully sat lorth herein. lessor shall lurnlsh l.essee wllh nollco 01 all
changes In said rules and regulallons lessee acknowledges receipt 01 a copy 01 such regulations concurrenl wllh execullon ot Ihls tease.
18. Allached herelo and made apart hereol Is a copy 01 a NOTICE required by Pennsylvania Acl 261 011976. II any conllict eXists bel.
ween provisions 01 this lease, Ihe Act and NOTICE conlrol, LlIssee acknowledges receipt 01 a copy ollhe NOTICE concurrenl wllh the execu.
tlon ollhls lease.
19. The lease, and the aloresald rules and regulations, conslltute Ihe en lire agreement belween Ihe parties and sallie IS not sub/ectlo
any oral mOdlflcallon. Further. Ihls agreement shall be legally binding upon Ihe parlies hereto, and their respecllve heirs, successors and'
assigns. II any Inlormatlon provided by Ihe lllssee, whether by way 01 background, linanclal or olherwlse, which has induced Ihe lessor 10
enter Inlo Ihis lease, I/Iound by Ihe lessor to be false, the lease shall, atlho opllon 01 Ihe lessor and upon nollce ollhe l.lIsaee, be null and
void and Ihe lessee shall be conSidered a Irespasser.
20. l.essee agrees Ihal he has rllad I/IIS lease Agreemenl, understands liS terms and the rulos and regula lions 011/18 Mobile flome Park
and agrees 10 be bound Ihereby
21. The lessee must give alleaSI 30 days nollce In wrlllng prior to moving. Ills Ihe responslbllily ollhe lessee to Ilrovlde leosor wllh all
necessary completed slale or locallorrns and receipts. Forwarding address must be mailed 10 the lessor.
IN WITNESS WflEREOF. the parlles hore to have hereunder selthelr bands and seals the day and year lirsl wllllen above.
By _ Ji.(,~~-c'~~(
Wllness / Lessor
J1L lA-I o....~. ~Cj)~Jd-- a v;&$4~(.
Gf< ~ w-:~~ ,.::;:=."--> Lessee
Wllness
0,_____'...
lessee
I
.
MOBILE HOME PARK REGULATIONS
These rules and rugulallons ~IU doslynod 10 proVide lor the heallh and comtort 01 each lenant. Iholr lanulies and Ihoh Quosls II wlli 110
necessary to enlolce Ihose policlos 10 have a clean, allracllvo and desirable moblie home park 01 which we can be IlIoud In ordel to
accomplish our mission, your complolo cooperallon, as a Resident. is needed to compl~ wllh the toliowlng regulaltuns:
lI.gllllltlon
t. Applications must be compleled and approved prior to the arrival ollhe resident's moblie home, The Managemenl reservos the rlghl:
a) 10 reluse admlllance and relund any advance deposlls and paymenls to anyone whose mobile homo Is nol acceptable In appearance and
condlllon. bllo reluse to acce~l\ furthor renllrom anyone who doos nof malnlaln his moblio home In a clean satlslactory condition,
2. All resldonls musl register wllh the manager upon arrival
3. Rent must be paid 011 or bolore Ihe IIrsl 01 each month, A lite 10. 0' $1,00 per d.y will bo .1I.md on .ny lint not rec.lved by Ih.
tint of lIoh month, The day the lonlal paymont arrlvos altho 011 Ice dUllng business hours Is the day It Is considered paid, Rent musl be
payable 10 Robert E. Goodling and mailed to M. llI... rll..~lIsle, PA 17013. Resld!.nls occupylnjl premises any porlton 01 a month shall
constllute a lull monlh renlal and no rebates will be given. ~ s l?' IV,B, / /,-,:,.-;;... .s r--
4. The number 01 permanent occupants per home, Including children, shall be lour per single mobile home and livo pei double Wide
home. Overnlghl guesls who will be enlertalned lor a period 01 longer Ihan 15 days musl be reglslerod at the olllce Tile renl will be
Increased by $ 15.00 per guesl. per monlh. A limit ollwo children per home has been established. hisling residents with more than IWO
children may stay in Ihe park. NOlL Only one lamlly per home
5, The home musl be the owner's principal residence,
Moblll Hom. Loll
6. The dusk to dawn poslllghl musl be operated wllh not loss than a serviceable white 50 wall bulb.
7. Only proper ouldoor lurnllura Is allowed on patios or lawns. Children's toys strewn across a patio or lawn will nol be allowed.
0, lawns shall nol be permllled 10 exceed 3" In height. Shrubbery, bushes, trees and 1I0wers shall be kepi trimmed and pruned, In Ihe
event a lessee neglecls to mow, trim or rake his lawn, lessor shali have Ihe option 01 perlormlng such service and the COSI will be added to
Ihe lollowlng monlh's renl.
9, Nolhlng shall be laslened to any trees or shrubbery In the park. No lences will be permllted.
10. All clothes lines are prohlblled, but clolhes trees may be Installed al the rear ollhe mobile horne,
11, No SWimming or wading poolS are allowed,
12, Washing of vehicles Is prohiblled.
13. Skirting 01 the mobile home and porch Is mandalory. All skirting shall be Installed at the direction ollhe lossor. This will Include
type, color, Installer, workmanship, etc The lessor reserves the rlghlto remove or have removed or relecl any color or workmanship which
does not conlorm 10 Ihe speclflcallons. Any home wllhout skirting wllhln 30 days shall pay a lee 0 $ 15.00 per monlh unlll skirting Is
Installed PRIOR TO OCCUPANCY, MOBILE HOME HITCHES MUST BE REMOVED FROM THE HOME AND RETAINED UNDERNEATH THE
HOME,
14. All exterior Improvemenls such as sheds, awnings, air condllloner supporls, decks, elc., must be approved by Ihe lessor prior to
construction to make sure material, slle, and placemenl meels the park standards. lessor shall have Ihe right to evict any lessee when Ihe
following exists: al Home has been lell In disrepair by the lessee aller notice was given to repair. (Primarily exterior 01 home, shed,
porches, Skirting, ele.). b) The 101 is in disrepair In regard to lIems slored outside a1l0r nollce was given 10 clean up.
15. II a mobile home Is le1l abandoned In Ihe park tor a period 01 30 da~s or more, Ihe lessor may enter Ihe home, secure any loose or
movable appliances, lur",shings, malerials or supplies and move Ihe home to a slorage area or olher location. The lessor will have no
responSibility lor saleguardlng Ihe mobile home nr lis contents.
16. There will be no trimming or culling ollrees wllhoul wrlllen permission.
17. No antennas 01 any kind shall be Inslalled on or near your home II TV cable Is available,
18. All new water connections musl have check valves Inslalled.
HI. No lorm 01 advertising Is per milled on your lot Including "For Sale" signs. A "For Sale" sign (maximum 18" x 24") may be
attached 10 your home.
20. lessee shall be solely responSible 10 maintain tight drains to the sewage oullet; leaking spigots musl be repaired Immediately or
water will be turned 011. The draining ollhlowlng 01 wasle water on grounds Is prohibited. Lesseo Is responsible lor keeping waler and
sewer lalerals Irom Ireellllg. lessor may lurn 011 waler to laterals wllh Irozen or leaking pipes and charge necessary repairs, No outside
hose connections orlaucels. lessol has righl bul not requlremenlto enter home once every 3 months to Inspect plumblllg lor leaks. A
relnspectlon can be made wllhln 7 days 10 delermlne if repair has been made.
Tr.flle .nd V.hlel..
21. The 10 mph speed limit must be obeyed. Reckless driving Is prohlblled.
22. Park only In spaces provldod Parking on lawns and patios prohlblled. II 011 slreet parking Is provided, parklllg on slleets is nol
permllted.
23. Automobiles musl have ctlJrenllnspeclion and license stickel to be parked In park.
24. No parking ollJucks largor Ihan '/1 ton. No lruck cabs, RV's, campers, boats, etc.. may be parked on lot OJ In park.
25 Parking ollllllnohlllled or rllsahlod vehicles IS prohlhlted on Ih') premises An owner may make minor repairs en a proper parking
space, but the placing ollhe vehicle on jacks OJ blocks, or pertormance 01 malor repairs, OJ Ihe draining 01 crankcases and radlalors Is
prohibited.
26, OVlllnlgllt pal king 01 WIIIIIIUlcial vullicles Is prolliblted.
27. Opera 110 II 01 nUllcunvullllal vullicles e.g., minibikes, dune buggies, snowmobiles, and gO'karls Within 1110 park IS prohlblled
28, No person will be allllwou to operale a motor vehicle wlthoul an operator's license In Ihe park
O.n,"'
29, Operallllg any Iype 01 business Is prohlblled In !he park. No peddling, Sollclllng or cummerclalenlerprlse is pelln/lIed wlthoUI prior
cons en! 01l.8ssm.
30, Disorderly conducl, abusive language. noisy dls!urbances or disregard of Ihe rules and regula lions herein conlalned shall be grounds
lor Immedlale removal 01 residenl Irom premises.
3l. l.essee is rospl'nsihle lor Ihe conducl and damage caused by his children or guesls. Any resldenlloulld gullly 01 malicious mischief
will be evicled
.12, The Management ffJSOIVUS IIIe righ! of access inlo Ihlllots al all limes lor Ihe purpose of Inspecllon and ullllly malnlenance,
33, No sanitary napkins, disposable diapers, or other improper malerlals shall be IIushed down lollels. II resident's sewer line Is clogged
Ihrough Ihelr negligence Ihey Will be billed lor repairs.
34. 8B guns, pellol guns, buws and arrows, air rilles or shoollng 01 any kind are prohibited In Ihe park.
P.tl
35. House pels may be kepi Dilly with permission 01 the Lessor and mus! be regislered. Failure 10 oblaln approval from Ihe managemenl
01 a pel will be causo lor eVlclion. Lussor mosl be provided wilh colored pholo, and breed, lull grown weigh I and helghl of pel prior 10 pel
elllerlng Ihe park. Neglecling 10 'Ilgisler your pel wilh IIIe managemenl is grounds lor evicllon A limit 01 one pet per home has been
eSlabllshed. EKlsling resldenls willi 1II0re Ihan one pel may keep Ihem, however, new resldenls are allowed only one. Exlsling resldenls
cannol replace one pel lor anolher unless residenl has only one pel. No new pels weighing 20 pounds or more will be approved by IIIe
Lessor. All pels musl have CUllenl rahies Immunlzallon. Copies of Immunlzalion musl be provided 10 Ihe olllce.
36. Lessor may refuse permiSSion 10 keep any pels at any lime II, In IIIe opinion of the Lessor, Ihe following rules are nollollowed
la) Pels musl nol be nuis;IIlce or menace to olher lenants.
(b) Excessing barking not permllled.
(c) Pels may nol be tied oul al any lime.
(d) lessee must clean up aller Ihelr pels immedlalely.
(e) Pels musl be kepI Inside Ihe home and not allowed 10 run looso.
M.lnr.n.nc.
37. Malnlenance requesl or response lorms are required lor all routine repairs or response 10 problems or quesliolls. They are 10 bo
mailed 10 P.O. Box 721, CarliSle, PA 17013. No roullne requesls wili be laken by lelephone.
Solid W.I" IlIIPOIII, Slmoe and Fire Protection
38. NO garbage cans or garbage bags will be permilled oulside the home If cenlral dumpsters are provided. Burning of malerlalls nol
permltled. If dumpslers are nol provided, each home musl have (2) 32 gallon melal or plaslic garbage cans wllh lighllllllng lids, They musl
be kepi Inside tile home or shed, or to Ihe rear of the home.
39. Outside storage Is prohlblled.
40. Fire extinguishers lor Class Band C fires shall be kepI allhe premises and maintained In Working condllion,
41. No more Ihan 'h cord olflrewood may be slored on 101. Firewood musI be Slacked neally 10 the rear ollhe home. Ashes are nollo be
deposited on lawns.
Perlon.1
42. A satisfaclory credit report musl bo compleled prior to enlry 10 Ihe mobile home park.
43. Any resident whois herealter convicted of a le/ony whelher Ihe felony Is commllled within or oulslde Ihe park, shall be subject to
evicllon,
44. The Managemonl reserves Ihe rlghllO make additions or Changes 10 Ihe regulations when necessary.
45. There Is a $25.00 charge 101 checks relurned Irom Ihe bank lor any reason. In Ihe evenl any check Is dishonored by Ihe bank, all
fulure renl paymenls are 10 be remilled by certified check or money order.
46, There will be a $ -1...00 '..:li..Q____. charge for lease preparation and credll check for all new lessees,
47, The Lessee may selllhe manulaclUled home belonging 10 Ihe Lessee, bUllllhe home Is 10 remain In the Park wllh a new owner,
wrlllen approval mUSI be oblalned prior 10 Ihe sale. If a home Is sold 10 a buyer who Is nol approved by l.essor Ihe sale will he valid but Ihe
purchaser will flol be Consillered a resldenl and Ihe home musl he removed Irom Ihe park Immedlalely
I havo read Iho loroyolno ,ulos and lOyulalions and agree 10 become a residenl and agree IlIal a viola lion of any 01 Ihese regulatloos shall
be cause lor evlcllon.
__L:~ol\A^ ~.~lty~_ c;j)~
Wllne~ {,L', l!Je1~'
o~.
."''----
Lessee
-----... ,,--- .. --..-. .
Witness
_'_n__ .._.._____"__________
I\C", NO, 261
IMPORTANT NOTICE REQUIRED BY LAW
"THE RULES SET FORTH BELOW GOVERN THE TERMS OF YOUR LEASE OR OCCUPANCY
AGREEMENT WITH THIS MOBILEHOME PARK, THE LAW REQUIRES ALL OF THESE RULES TO BE FAIR
AND REASONABLE,
"YOU MAY CONTINUE TO STAY IN THIS PARK AS LONG AS YOU PAY YOUR RENT AND OTHER
REASONABLE FEES, SERVICE CHARGES AND ASSESSMENTS HEREINAFTER SET FORTH AND ABIDE
BY THE RULES OF THE PARK. ENTRANCE AND EXIT FEES MAY NOT BE CHARGED. INSTALLATION AND
REMOVAL FEES MAY NOT BE CHARGED IN EXCESS OF THE ACTUAL COST TO THE MOBILEHOME PARK
OWNER OR OPERATOR FOR PROVIDING SUCH SERVICE FOR THE INSTALLATION OR REMOVAL OF A
MOBILEHOME IN A MOBILEHOME SPACE,
"YOU MAY BE EVICTED FOR ANY OF THE FOLLOWING REASONS:
"(11 NONPAYMENT OF RENT
"(2) A SECOND OR SUBSEQUENT VIOLATION OF THE RUI.ES OF THE MOBILEHOME PARK OC-
CURING WITHIN A SIX.MONTH PERIOD,
"(3) IF THERE IS A CHANGE IN USE OF THE PARK LAND OR PARTS THEREOF,
"(4) TERMINATION OF MOBILE HOME PARK
"YOU SHALL ONLY BE EVICTED IN ACCORDANCE WITH THE FOLLOWING PROCEDURE:
"(1) A RESIDENT SHALL NOT BE EVICTED BY ANY SELF.HELP MEASURE,
"(2) PRIOR TO THE COMMENCEMENT OF ANY EVICTION PROCEEDING, THE MOBILEHOME PARK
OWNER SHALL NOTIFY YOU IN WRITING OF THE PARTICULAR BREACH OR VIOLATION OF THE LEASE
OR PARK RULES BY CERTIFIED OR REGISTERED MAIL,
"(I) IN THE CASE OF NONPAYMENT OF RENT, THE NOTICE SHALL STATE THAT AN EVICTION
PROCEEDING MAY BE COMMENCED IF THE MOBILEHOME RESIDENT DOES NOT PAY THE OVERDUE
RENT WITHIN 20 DAYS FROM THE DATE OF SERVICE IF THE NOTICE IS GIVEN ON OR AFTER APRIL 1
AND BEFORE SEPTEMBER 1, AND 30 DAYS IF GIVEN ON OR AFTER SEPTEMBER 1 AND BEFORE APRIL 1
OR AN ADDITIONAL NONPAYMENT OF RENT OCCURING WITHIN SIX MONTHS OF THE GIVING OF THE
NOTICE MAY RESULT IN IMMEDIATE EVICTION PROCEEDINGS,
"(II) IN THE CASE OF A BREACH OF THE LEASE OR VIOLATION OF THE PARK RULES, OTHER
THAN NONPAYMENT OF RENT, THE NOTICE SHALL DESCRIBE THE PARTICULAR BREACH OR VIOLA,
TION. NO EVICTION ACTION SHALL BE COMMENCED UNLESS YOU HAVE BEEN NOTIFIED AS RE,
QUIRED BY THIS SECTION, AND UPON A SECOND OR SUBSEQUENT VIOLATION OR BREACH OCCUR.
ING WITHIN SIX MONTHS, THE MOBILEHOME PARK OWNER MAY COMMENCE EVICTION PRO.
CEEDINGS AT AT ANY TIME WITHIN 60 DAYS OF THE LAST VIOLATION OR BREACH.
"YOU SHALL NOT BE EVICTED WHEN THERE IS PROOF THAT THE RULES YOU ARE ACCUSED OF
VIOLATING ARE NOT ENFOHCED WITH RESPECT TO THE OTHER MOBILEHOME RESIDENTS OR NON.
RESIDENTS ON THE PARK PREMISES,
"IN ADDITION, NO EVICTION PROCEEDING FOR NONPAYMENT OF RENT MAY BE COMMENCED
AGAINST YOU UNTIL YOU HAVE RECEIVED NOTICE BY CERTIFIED OR REGISTERED MAIL OF THE NON.
PAYMENT AND HAVE BEEN GIVEN TO PAY THE OVERDUE RENT 20 DAYS FROM THE DATE OF SERVICE
IF THE NOTICE IS GIVEN ON OR AFTER APRIL 1 AND BEFORE SEPTEMBER 1, AND 30 DAYS IF GIVEN ON
OR AFTER SEPTEMBER 1 AND BEFORE APRIL 1 HOWEVER, ONLY ONE NO'TICE OF OVERDUE RENT IS
REQUIRED TO BE SENT TO YOU DURING ANY SIX.MONTH PERIOD, IF A SECOND OR ADDITIONAL VIOLA,
TION OCCURS WITHIN SIX MONTHS FROM THE DATE OF THE FIRST NOTICE THEN EVICTION PRO.
CEEDINGS MAY BE IMMlDlATELY STARTED AGAINST YOU,
Distribution
cumbor1and county prothonotary's Office
Manual Release Check Register
Escrow
Case No Accounting Amount
Tran
Date
Page 1
10716/98
Date
Release
143802101698
PYS405
---------------------------------------------------------------------------------
3726 GOODLING ROBERT E Check Datel 10/16/98 Check No. I 1089
RENT 1998- 024F PYMT/MONEY ODR 170.00 5~84/98
RENT 199 - 024 2 PYMT/MONEY ODR 170.00 6 B/9
RENT 1998- 0~p2 PYMT/CHECK 170.08 ~~6~~n
RENT 199 - 0 32 PYMT/MONEY ODR 170.0
RENT un: 8~iH PYMT/CHECK H8:88 l.g~8~~n
RENT PYI.IT/MONEY ODR
Payee totall 1.O20.00
--------------------------------------------------------------------------------
Grand totall
1,020.00
...
ROBERT E. GOODLING,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
98 - 2432
ROBIN MOPPIN,a single person,
and DELORES BISTLINE, a single
peT-son,
CIVIL ACTION - EJECTMENT
Defendants
lltAl.Hl'.lI'~' _5__ RUJtI_~jL_m:tLMM'Ul\. or D I.1lI.HUB.'r_MQll'.lll
Plaintiff, Robert E. Goodling, by and through counsel of
Andrew C. Sheely, Esquire, hereby files t.his Reply to the New
Matter to the Response of Defendant Robin Moppin and respectfully
states dS follows:
25. Paragraphs 1 through and including 35 of Plaintiffs
Petition to lift a Supersedeas are incorporated herein as if set
forth at length.
26. The allegations set forth in paragraph 26 are
conclusions of law to which no response is necessary. By way of
further response, Defendant has failed to comply with ~
~~~. No. 100B. by paying rent late on a continual and timely
basis, notwithstanding that the rules of procedure allow for
release of rent payments.
27. Denied. To the contrary, the rent was continually paid
late, and late fees and charges resulted from the untimely filing
or payment of rent.
2B. The allegations in paragraph 2B are conclusions of law to
which no response is necessary. To the extent a response is
necessary, the allegations are denied and strict proof thereof is
demanded at hearing or otherwise. By way of further response, the
,
defenses raised therein are iue1evant in light of Defendant
Moppin's failure to comply with mandatory requirements of EA1
B..Jl..J...E. No. 1008.
29. 'rhe allegations contained in paragraph 29 are conclusions
of law to which no response is necessary. By way of further
response, the rules cited by Defendant apply to prejudgment.
proceedings and are inapplicable to the post judgement proceeding
which is in the nature of a petition to lift a supersedeas.
30. The allegations and citations set forth in paragraph 30
are conclusions of law to which no response is necessary. By way
of further response, the opinions cited by Defendant are
inapplicable to the present proceedings.
31. Denied. It is specifically denied that failure to comply
with Pa. R.~. No. 1008 is a de minimis grounds for lift of a
supersedeas. By way of further response, Defendant has repeatedly
failed to pay rent in timely fashion to the prothonotary and
continues to do so to date.
WHEREP'ORE, Plaintiff, Robert E. Goodling respectfully
requests that. any factual or legal defense!! raised by Defendant
Moppin be dismissed, and that the petition for superseJeas be
lifted so as to allow Defendant to commence procedures to recover
November 10, 1998
park lot. fS~
~O .
Andrew C. Sheely, quire
Attorney for plaintiff
P.O. Box 95
127 S. Market street
Mechanicsburg, PA 17055
(717) 697-7050
possession of the mobile home
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VS.
IN THE COURT OF COMMON PLEAS OF
CUMDERLAND COUNTY, PENNSYLVANIA
9B - 2432
ROBERT E. GOODLING,
Plaintiff/Petitioner
ROBIN MOPPIN,a single person,
and DELORES BISTLINE, a single
person,
Defendants/Respondents
CIVIL ACTION - EJECTMENT
PLoA! NT U'1'..'.L.UQYJlST_.FOR HEARl tULQ.tLBJl.l'.IRS II!:PEAS P~'U_U..Q.H
Robert E. Goodling, plaintiff, by and through counsel of Andrew C.
Sheely, Esquire, hereby files this Petition requeating a hearing on his
Petition to lift the Supersedeas and hereby respectfully states as
follows I
1. On or about August 21, 199B, plaintiff filed a petition to lift
a supenedeas on possession of real estate in the above-captioned
matter.
2. On August 26, 199B, the Honorable J. wesley, 01er, Jr. issued a
Rule to Show Cause to show cause why the relief should not be granted.
3. On or about September 14, Defendant Moppin filed a response to
the petition to Lift the supersedeas.
4. Notwithstanding settlement discussions between the plaintiff and
Defendant Moppin, the parties have been unable to resolve factual and
legal disputos in the underlying Petition to lift the Supersedeas.
5. counsel for plaintif f has reviewed the substance of the instant
request for a hearing and Counsel for Defendant is not objecting to a
hearing on the Petition.
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Robin Moppin shall be entitled to an additional $500.00.
6. Defendant Robin Moppin shall allow no outside
junk and debris to aooumulate on the premises and shall
immediately move to throwaway and dispose of items of junk and
debris whioh are presently on the premises, and Defendant Moppin
shall permit storage of nothing to be kept outside.
7. Between the transfer of the title of the
mobile home from Defendant to Plaintiff to the point when
Defendant leaves the mobile home park, Defendant Robin Moppin
shall allow no stripping of the interior/exterior elements of
the mobile home presently situated on the lot, said elements to
inolude but not be limited to a stove, furnace, sinks and
electrical systems.
8. Defendant Robin Noppin shall not be required
to pay any additional lot rent to Plaintiff.
9. The prothonotary ahall release all sums
presently held in escrow at the above-captioned docket number to
plaintiff, subject to any poundage fee on the part of the
prothonotary.
10. Final payment of $500.00 shall be made from
Plaintiff to Defendant within 24 hours after Defendant's
vacating the mobile home park. Notice of said vacation shall be
made to Plaintiff's counsel from Defendant's counsel.