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HomeMy WebLinkAbout98-03026 PILED-OfFICE O~ '"/'~ -'''1-''~''''-'J1Y </" II>: I',," 1":u'\'Ulr' 98 NO\l-!, 4/1 9: 10 C'UI"'!" '." ",."J\"IY -/lt.1 '.111_' U 1~.1 \ ..j..~1 I PEN"!$'r'L','II~\J:A (') _0 ~ S 00 l ~ ~ :~.. 0 -l 'TJUJ n hr- j;i~ !J)G.: '-I ."hi ....:....(J N ~ :?:l~. J'6 \. CO r. ~ <.0 I~( -.. .' r:::b :::>> -rorl ~ '" ::'?:: . :::I: ;:5 ::n -~,.. C) ~?'" (') c~O c:? j--rn \:j ':-.>c 9, D ~ z :..> ~ [..., ~ 10 -< "'. 1 ,', _.._.... ..... __,-r-_ --., .........,. . . . _. , ~ .,' c EDWARD C. MICELI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- .30..:J{, C(.~ Tt"'.~ v. THOMAS FERN ENGEL and RHONDA S. FERNENGEL, Defendants CIVIL ACTION - LAW : IN EJECTMENT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a jUdgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 s::~~~==' Attorneys for Plaintiff P. C. Plaintiff first became an owner of the above-described real property by deed dated August 6, 1968 and recorded in Cumberland County Deed Book "C", Volume 23, Page 347. There is no common source of the adverse titles of the parties. 5. The above-described real estate owned by Plaintiff is utilized as a trailer park operated ~nd man~ged by Plaintiff commonly known as the Brandy Lane Trailer Park. 6. Within the above described real estate and as part of same is a certain area more fully described below which is commonly identified as "Lot 14" of the Brandy Lane Trailer Park: starting at a point on the center line of Brandy Lane, a public road; thence North 42 degrees, 15 minutes West a distance of 70.5 feet to a point, which point is the place of BEGINNING; thence South 43 degrees 15 minutes West a distance of 50 feet to a point; thence North 42 degrees 15 minutes West a distance of 35 feet to a point; thence North 43 degrees .15 minutes West a distance of 50 feet to a point; thence South 42 degrees 15 minutes East a distance of 35 feet to a point, the place of BEGINNING. 7. Since on or about April 16, 1998 Defendants have been the owners of a certain mobile home or trailer situated on Lot 14. 8. Since or about April 16, 1998, Defendants have exercised exclusive possession and control of the premises identified above as Lot 14 and continue to exercise such LAW OFFICE'S SNELElAKI!R. BRENNEMAN & SPARE: possession and control of that portion of Plaintiff's real estate identified as Lot 14 above. -2- ". :~ . ' o ~-,' \ () ::'.) ('~A ~ ,:; C) 'q ~:;J ,j;L' "l!-n 'e:; ';0':~~ , ':.:Q -:'~c) L~jnl ~ r;~ ;.;: r ."',.. }.~~ ;:.-,1 , , . :~? :'.) '..J .,.,-< - () ,0 0 ~;~ ::J .'1"1 r._ c;J c' ,- F ! Lt, :;;'.:; : 11 :=J r--' i .'0 . "~ I rn c/) U., (') CJ I n ~~~ ',. ~." ~':!-n ----u c: S.~(~) C! /--rn :;.. c: C) :;..:: r=- ~.! -~ :D -~ .-J -< 4. Denied. After reasonable investigation, Dcfendnl1ts are without knowledge or information suf/icient to form a belief as to the truth of the averments contained in Paragraph 4. Accordingly, strict proof is demanded at time oftrin!. 5. Admitted in part and Denied in part. Upon informntion and belief, the Defendants admit that the Brandy Lane Trailer Park is a trailer pnrk and that said trailer park is managed by the Plaintiff. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth that said trailer park is owned by the Plaintiff. Accordingly, strict proof is demanded at time of trial. 6. Denied. After reasonable investigation, Defendants arc without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 6. Accordingly, strict proof is demanded at time of trial. 7. Admitted. 8. Denied. Since on or about April 16, 1998, Defendants have attempted to exercise exclusive possession and control of the premises identified above as Lot 14. Defendants have been unable to exercise possession and control due to the unreasonable interference of the Plaintiff. 9. Denied. Upon information and belief, Defendants assert that Plaintiff was aware that the previous owner was in the process of selling the mobile home at the time of the sale. ID. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 10. 37492.1 2 11. The averments of this paragraph constitute conclusions of law to which no response is rcquired. 12. Dcnied as stated. Dclendants arc unawarc of any proper rcquest that they rclinquish possession and control ofthcir mobilc homc. WHEREFORE, Dcfendants, Thomas and Rhonda S. Fernengcl respectfully request this Honorable Court enter judgment in their favor and against Plaintiff. NEW MATTER AND COUNTERCLAIM COUNT I Violation Of The Mobile Home Park Ril!hts Act 13. Defendants hereby incorporate the factual averments set forth in Defendants' response to the Complaint as if fully set forth herein. 14. On or about April 16, 1998, Defendants purchased a mobile home situate at 6331, #14, Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania, from David Biggs. IS. Upon information and belief, David Biggs had owned the mobile home which is situate at 6331, #14, Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania, for approximately eight years and during that entire period of time had rented mobile home lot #14 at Brandy Lane Trailer Park from Plaintiff (hereinafter referred to as "Miceli"). 16. During the negotiations for the purchase of the mobile home, Biggs represented to Defendants that he was a long-time resident of Brandy Lane Trailer Park 37492.1 3 DUSAN DRAT1C, ESQ. STEPID:N K. PORTKO. ESQ. Keith O. Br~nneman, Bsq. 44 W. Main Street MechanicBburg, PA 17019 RE: David Bi.ggs Dear Mr. Brenneman: No.010 P.04 BRA TIC AND PORTKO Attornl'$ oJ 'Jaw 101 Ofl'lCE Cr.,."ru. Sum: A 101 SOVIll U.S. Rolm: 15 DILUJUUKO, PENNSYI.VAIIIA 17019 (717) 432-9706 (717) 432.2538 FAX. (717) 432.92Z0 October 29, 1997 Thank you for your letter of October 24, 1997. I checked with Mr. Biggs. Mr. Biggs goes to the trailer on almost a daily basis and keeps it heated. Therefore -Mr. Miceli should not turn ~ff the water. I do want to state c8tegorically that even if my client was. not in the process of selling the trailer, your client would have absolutely no basis for any action. wi.th regard to threatened eviction proceedings and he should tread lightly with threats; DB/rsr CC: David Biggs '# truly yours, Dusan Bratic r . ,", ~ . . '. I I I .1 ...'."," " .,~,m_.,..~-,-,-,__ .'- .".,._._,-,-'".'...--"-,._-"..",.;..~...';'f'-:"'..--.l'"'~,,..,........ TEL No.7l7-432-9220 Jun 11.98 18:02 No.010 P.06 BRA TIC AND PORTKO AJtorm:Y$ oJ Law 101 Of'PlC~ C&rm:R, Surr&A 101 SOI1TH U.S. Rovrr.15 Dn.t.SlIURU, PF.NNSnVANIA 17019 (717) 432-9706 (717) 432.2538 FAX (717) 432-9220 DUSAN BRAne, ESQ. STEPHEN K. PORl'KO, ESQ. October 13, 1997 I Keith O. Brenneman, Esq. Snelb~ker, Brenneman & Spare 44 west Main Street Mechanicsburg, FA 17055 VIA Fax Only 697-7681 RE: Your Client: Edward C. Miceli Our Client: David Biggs Dear ~.. Brenneman: I represent David Biggs in regard to your letter of August 20, 1997 and its follow up of September 30, 1997. p'irst of all I want you to know that we disagree with the conclusions of paragraph 1. We do not believe that any of the rules that are referred to in your letter are enforce~ble because they are not clearly posted in any public area of the park. I was there on October 8, '1997 and I did not find them in their existence. Mr. Biggs does not recall ever receiving a set of, rules and regulations for the park. That not withstanding you should be advised that Mr. Biggs continues to, pay rent at the mobile home and he uses it as a place to rest and reside when he is not traveling in his business. - I don't think there is any requirement that he has to stay at any particular residence any given period of time. Certainly there are numerous parks and properties throughout the United States that visited very infrequently by the residents. Unless the rules and regulations indicate that, and I'd be surprised if they do, and I'd be even further surprised if they are enforceable, then we do not see that as an issue. Paragraph 2 of'your letter indicates that Mr. Biggs is in violation of Rule and Regulation 10 I whereby he should be responsible for the maintenance and repair of the mobile home and all exterior surfaces and to keep s~e in good condition and repair. I inspected Mr. Biggs home and I also walked through the park. As you can see by my,assessment on the mobile home park, there are serious problems ~. in terms of the maintenance and repair of mobile homes in that TEL No.7l7-432-9220 Jun 11,98 18:02 No.01D P.07, Keith O. Brenneman, Esq. October 13, 1997 Page 2 parle. probably the biggest violator of a good appearance to' trailers in the park are mobile homes that are owned by Mr. Miceli. Sure he can say he is working on them or he's purchased them, etc., but until he brings. all his homes, including the skirting and all other aspects of it to the same standards that he expects Mr. Biggs to have, I can only draw the conclusion that this is some sort of a retaliatory and/or bad faith misapplication of the enforcement of the rules. You sr,Quld note that we don't intend to provide notification to Mr. Miceli when Mr. Biggs comes and goes other than to go ahead and pay the rent. Please feel free to send me documents of any Rules and Regulations that Mr. Biggs may have signed. I would also advise your client to post the same conspicuously in the park if he intends to enforce the same. You should also be advised that in the near future Mr. Biggs will probably be selling the home. We do not anticipate in having any kind 0:1; problems P.r. Miceli in this regard and we expect his full cooperation within the parameters of the Mobile Home Parks RightB Act. Should Mr. Biggs be denied reasonable opportunity to sell his home or any further action is taken that is discriminatory, we will be subpoenaing records to see what other documentation was sent out to all the other residents of the homes that I've discussed since we do have photographs now of all the other deficiencies in the mobile home park that do not' inVolve Mr. Biggs. For a number of years I was a principal in a large mobile home park in central Pennsylvania, so r can relate to you and appreciate certain frustrations that your client may have in this regard. However, I can only come to the conclusion that, based on the historical information that Mr. Biggs has provided to me, this is simply a personality problem that Mr. Miceli has with Y.r. Biggs. ,I've known Mr. Biggs for approximately 25 years and on October 8, 199}, he said "Hi" to Mr. Miceli. Mr. Miceli maintained an indignant air with no response, which I thought was Uncalled for, but that is not an issue for these proceedings. Thank you for your professional courtesies. Jun 11.98 18:02 No.010 P.09 I I I I i j I f P, O. ,ox Jle ''''iC!oIMllt 111" 691'168. 5l\'E!.BAKEP~ BRENNl::MAN & .sPARE , . ... ,~o'u"O'W^/, CO"'OM1'1e.,., "'"rr01..'1E'l'3 o't)' l-^W - ~'C~"l.l C. s'"'t~kt'" J.:W'H O. l"'rNWr:~N' ">fILl~ I-IIM~! .... "r:J'r MA."" HIl.r:lT MECH^NlaSURC, PEh'NsnVl\NI.... 1705~ Xr. David B1ggs '-ot 14 6331 Brandy Lane Brandy Ldne Trailer Village Mechan1csburg, PA 17055 '".8."a~2'a September 3D, 199/ Dear Mr. 8i998: , , ~s you arn aware, this firm repreSents Edward C. Micelij oWner of Brandy Lane Trailer Vi11;;'1e. This lettQr is sent with his i'lIjthority and on his behalf as owner of the mobile home Parle. : , I By c:orreupondence on August 20, 1997, r advised you of tour violation of the RUles and Regulations of Brandy Lane Traile~ Village, You were given thirty days from AugUst 20, -1997 in order to, :amon'3 other things, place the elcterior of your mobile home and Shed in good condition and repair, You haVe failc.d to take any steps in zjesponse to my letter. I I . I This letter Constitutes notice to you that your f~ilure ~o Comply with thE! RUles aile! Re9Ulations of the trailer park constitutefs a second and suhsequent breaCh of 1:he rUles. Namely, you have Ita ilea and refused to maintain and ~epair YOUr mobile home and n11 e~terna1 s.'",c" 'nd ., "'p .... i, g"d C"di'i" "d t'p.it, , .i~"i" " RUle 10.' You have fUrther failea to provide notification to /'lr, Miceli or the date When you moved from Lot It, of the trailer park in viOlation of Rule 4. I You haVe. ten days from the date of this letter j,n. order bo t1rovide Mr. Miceli notiricatiol1 of a rCllsonabl~.til1\e table foj: your ~4:s,"v';'a1 !r.:llll .the t::ailcr pa:-k. U YOl! do not, advifle 11.. Mice~i of ~hen you plan on leaving the trailer park, or, the time'perio~ you have given him is not reasonable, Mr. Miceli will proceed with eviction prOCeedings against you directly. . Please be guided accordingly. I , I I I Yours truly, :KOB/sz CC; Etlwat"cI C', :'Miceli :Keith O. Brenneman - Via certified mail, return receipt requested, parcel No. p 206 ~~4 2~4 :~.1::J~ .!.).' 'i~j.J:!;1. (:.!.<;!38 w~'.u. r ;;':~ll\'i':~'l'i n;:'.':p,;.l.r; , j . . ..:.:j - ..' ." . I' '. . .. ~,-"",-.l~; _:;.;...... .....,.;. - . ',. ~ . ':.. '. -'- , '..- " " r ! I r " I I Jun 11.98 18:02 No.010 P.l0 SI-ltl.BAKr..R., BRENNEMAN & SPARE A ''''''Ulle"..,...,. ~o",rO",^"'OtoI ^TTORNEr.S "'T lAW .... wur M^IN )TIl.U T MEC~NIO~U"C. ~ENN~nV^NI^ 17()~5 ..ICI.'^"-O c; "1~r,l.tl^JCP'~ ':Ul'H C.l, BP.r,NN,.MAN rttll.'" H:'I',-'l"C T17.~"7.e~2'8 ".10:1 ...).( :11" J M.~IM'Lt. I,'", t;lJl';'OI,J August 20, 19!!"I Mr. David Bi99(; Lot 14 6331 Br~ndy Lane arandy Lane Tr~jler Park Mcchanicsburg, Ph 17055 Dear Mr. Biggs; Plea~e note this firm's representation or Edward C. Miceli, owner of Brantly r,ane 'l'ral1er Parle 1 write this letter with his authority and on his behalf as owner of the mobile home p~rk. 1 write to advise you that you are in violation of t~e Rules and Regulations of 8randy Lane Trailer Village. specirically, you are in violation of RUle and Regulation 4 which requires that all occupant:!.; must be reqiat.ered with the proprietor and l1lust bC' notify the proprietor upon moving from the village. It i~ Mr. Miceli'. understanding ~hat you are in fact not residing in the unit located on lot 14 evon though you continue to pay lot rent. 'tour tailure to nctHy Mr. Miceli that you have moved is in violat ton ?f the afOrenleTltioned RUle ancl Regulation. In a-ddition"you are in vio1ati.on of RUle and Re9ulation 10 which obligates you to be responsible for tile maintenance .and repair of your mobile home an~ all exterior surfaces and ~o keep same in good condition and repair. The roof of the home and porch roof are rusted. . The outside appC!lIrance of your unit: is dirty and %'ustecl and the shad is rusted and not painted. ~ou have thirty Qays from the date of this letter in ?rder taka the necessary steps to place the exterior unit and s~ed in good. condit lon and repair. Thia would include the proper' preparation and painting, as necesGary, of the rusted port:ions of your unlt and shed. You must also provide nor.lt'ica~ion to Mr, Miceli of the datn wnen you moved rrom lot 14 of the trailer park. 'tour failure to place your unit and shed in good condltion and repair and report ~he date of your movl.ng to Mr. Micel'i will result in subsequent notice to you and the commencement of - (") c: ,"i''-'' ~.!P ._ i~) "'.. E~: .....,-. ..,..,.. '._,.- ,. -< <:0 ~() '-'I') '- ~ r" r" o -., .., ~r: Xl !11r- --",i" :::~O .) L :-1(.:) :r:-" ('-, .JJ , C) ~,,. /'"1'1 l.J ~ ::u -<, .;) :r.: :,..) ," no time did Plaintiff assault Defendant Thomas Fernengel. 22. Denied. It is denied that there was any "dispute" between Plaintiff and Defendant Thomas Fernengel. It is denied that Plaintiff represented to Defendant Thomas Fernengel that he had provided Mr. Biggs with notification of an eviction proceeding to remove the mobile home from the park. 23. Denied. The letters attached to Defendants' New Matter and Counterclaim, being in writing, speak for themselves. Accordingly, to the extent Paragraph 23 of Defendants' New Matter and Counterclaim improperly characterizes the content of those letters, same is denied. 24. Denied. It is denied that there is no conspicuous posting of mobile home park rules and regulations at the Brandy Lane Mobile Home Park. It is therefore denied that Defendants in fact conducted any inspection of the Brandy Lane Mobile Home Park to find a posting of rules and regulations. It is further denied that there are no mobile home park rules and regulations in existence. 25. Denied. It is denied that Plaintiff initiated any eviction proceedings against Defendants. It is obvious that Defendants are not aware of the difference between an ejection LAW OFFICES SNELUAKER. BRENNEMAN Be SPARE action and an eviction proceeding. By way of further reply, Plaintiff, through his attorneys, provided Defendants with -4- ><,' '-'---"'_' :--:.'-':,::::.,~:;:Z~~~ , LAW Of"FrCES SNELBAKER. BRENNEMAN 8: SPARE readily accessible place in the mobile home park. To the contrary, such rules and regulations have been and are posted in a conspicuous and readily accessible location in the Brandy Lane Trailer Park. 30. Denied. It is denied that Plaintiff unreasonably withheld approval and therefore interfered with the rights of the Defendants. It is further denied that Defendants have at any time been residents of the mobile home park. 31. Denied. Paragraph 31 contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same is denied. To the extent a response is required, it is obvious that Defendants are confused between this action which is an action in ejectment and an action of eviction which the Defendants improperly characterize this action to be. It is denied, to the extent it is implied, that Plaintiff failed to give Defendants prior notice of the proceedings being brought against them. 32. Denied. To the extent that Paragraph 32 of Defendants' New Matter and Counterclaim refers to the letters attached to that pleading, same is denied. The letters, being in writing, speak for themselves and Defendants' characterization of what these letters "display" is denied. 33. Denied. Paragraph 33 of Defendants' New Matter and -6- 49. Defendant Rhonda Fernengel on May 12, 1998 requested that Plaintiff give Defendants until June 15, 1998 to move their trailer from Lot 14 of the Brandy Lane Trailer Park. WHEREFORE, Plaintiff requests this Court to dismiss Defendants' Answer, New Matter and Counterclaim and find in favor of the Plaintiff in accordance with the demand for relief set forth in Plaintiff's Complaint and to award attorney's fees and costs to Plaintiff. Date: July 8, 1998 SNELBAKER, BRENNEMAN & SPARE, P. C. By: kf€1~ Keith O. Brenneman, Esquire Pa. Supreme ct. ID #47077 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Edward C. Miceli -10- -. VERIFICA'l'ION I verify that the statements made in the foregoing Reply to New Matter and Counterclaim with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Edward C. Date: July 8. 1998 LAW OFFICES SNEL8AKER. BRENNEMAN B: SPARE n __~J (") - ~,.) ;-J ; T . I , .. r; ._.~ i .~1 ,:'--':; I I " ,:,J , , ( .. .) .. "'.-) OJ., .' ., i ..:!) . ('j ) J ' -,' n , , ~~ ~ '1 <7' -< it:l IiI';;; I i~q ! ~"ii /;,;, ;'l"{ II):': I [:,(i> ! ~'\'~j I' ::~,'; i .' EDWARD C. MICELI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-3026 v. THOMAS FERN ENGEL and RHONDA S. FERNENGEL, Defendants CIVIL ACTION - LAW IN EJECTMENT PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action by the Plaintiff settled, discontinued and ended with prejudice on your docket and indices. Date: February 1, 1999 SNELBAKER, BRENNEMAN & SPARE, P. C. By' ~squ;r" 44 West Main street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Edward C. Miceli ..... ..ro 0 '_.0 0 ~:: ",;J -n .." ,:el " ril ~~-n :1 , ;:;~J 'ilp I 1 .nl~n ; .,. ~,~~ ,:1'--) -rJ --r- -ri ;.-n ~-~ '~('5 .. ~? (jrn )~ -:;:1 ~! G> :G en '<