HomeMy WebLinkAbout01-5999COMMONWEALTH OF PENNSYLVANIA
NOTICE OF APPEAL /0' / ~' O/
COURT OF COMMON PLEAS FROM
~ JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is give~ that the appellant has filed in the above Court of Common Pleas an appeal ~ the judgment rendered by the District Justice an the
da~ and in the case mefltianed belov~
Kathryn M.
Getz
OTY
Mechanicsburg
T~h~'m~ A~. °~acey
1705~c~
6280 Carlisle Pike Lot 309
~x~z~ ~,~c~uariisle ~ike A~uui~t~= t/a
10-9-01 salem Acres Mobile Home Park ~ Kathryn~M. Getz.~.,,
~ ~hilip C. Brigant~
CV 19 ~idPenn L~gal Services'
~T-0000483-01 IR Try{nm :~ow, Carlisle PA 17013
~is ~ck will ~ ~ ONLY ~n ~is ~ is ~uimd u~ P~ R~JP. ~ If a~ll~ ~s CLAIMANT (s~ ~. R.O.P.J.P. No.
~ ~8& 1 O01 (6) in acti~ ~f~e Dis~ict J~tice, he ~ST
T~s ~tke of A~I, ~ ~ei~d ~ t~ Distr~t Jus~e, will ~ as a
~PERSE~AS ~ ~t f~sses~ in ~is c~s~ % ~ ~ , FILE A COMPLAINT within ~y (20) da~ aft~
PRAECIPE TO ENTER RULE TO FILE CO~PLAIN~ AND RULE ~O FILE
(~ s~t~ of ~ ~ ~ ~ ONLY wh~ ~11~ ~ ~FENDANT (s~ ~. R.C.P.J.P. No. 1~1(7) in ~ti~ ~fo~ Dis~i~ J~ce.
IF ~T USED, ~h f~ c~y of notice of ~al to ~ se~ u~ ~11~).
PRAECIPE: To Pm~ry
En~ m~ u~Sa] ~ Acrg~ M~ 1 ~ u~= D=~ ,a~s),
(C~ ~, ~ ~[o( ~ ) wi~in t~ (20) ~, a~k. of m~ ~ suf~ ~tr~of j~t of ~ ~
Carlisle Pike Associates t/a ' /
RULE: ToS=~ ~ .... ~ u~ ~ .a~d~(s). ........... ~ 5~-~ .........
(1) You are notified that a rule is hereby entered upan you to file a complaint in this appeal within twenty (20) days after the date of
service of this role upon you by pe~sanal service or by certified ce registered mail
(2) If you do not fi~ cz compJaint within this time, a JuDG/9~NT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of .vice of this ~ule if service was by mall is the date of
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxe~)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby swear or affirm that I serve~
[] a copy of the Notice of Appeal, Common Pleas No, , upon the District Justice designated therein on
(date of service) r-1 by personal service ~-I by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) , on
,19__ [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto.
[] and further that I served the Rule to File a (~omplaint accompanying the above Notice of Appeal upon the appellee(s) t0whom
the RuDe was addressed on ~ i' ' ' ' ~' ~ ' 1'9 ' [] ~Y personal service [] by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ~M~
THIS DAY 'OF , 19.
Signature of affiant
COMMONWEALTH OF PENNSYLVANIA
CQ~NTY OF:
Mag, Dist, NO.:
09-3-0~
THOMAS A. PLACEY
A~d ..... 104 S. SPORTING HILL
t. ffiCItANI CSBURG, PA
*.~.p,o.o:(717) 761"8230 17050
KATHRI~N GETZ
6280 CARLISLE PIKE
LOT 309
MECHANICSBURG, PA 17050
THIS IS TO NOTIFY YOu THAT:
Judgment: EO~ ~.~T~E
~ Judgment was entered for: (Name) ~T,TSLE PI~ ASSOC.
Judgment was entered against GETZ, ~T~
00
10/09/01
~ Landlord~enant action in the amount of $ . on
The amount of rent per month, as established by the District Justice, is $
The total amount of the Security Deposit is $ 99.00
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
~CARLISLE PIKE ASSOC. T/A SALEM ACR~
155 SALEM C/~ut~CH RD
~C~ICSB~G, PA 17050
VS.
DEFENDANT: N~E end ADDRESS
~GETZ, ~
6280 ~ISLE PI~
~ 309
i~C~ICSB~G, PA 17050
Docket No.: LT-0000483-01 ~ ~
Date Filed: 9/28/01
in a
· (Date of Judgment)
325°00.
Total Amount Established by DJ. 0[''ess 'u Security Deposit App,,li,,ed
$
Rent in Arrears Property $ · 00 -- $ ,00
Physical Damages Leasehold
Damages/Unjust Detention $ _ rio -- $ _
Less Amt Due Defendant from Cross Complaint
I~ Attachment Prohibited/
Victim of Abuse (Act 5, 1996)
~ This case dismissed without prejudice.
~'~ Possession granted.
-"-i Possession granted if money judgment
--I Possession not granted.
= sAdjudicated Amo.ul~)
= ~ °00
_00
- $ .oo
Interest (if provided by lease) $ _ o 0
!.JT Judgment Amount $ .00
Judgment Costs $ . O0
Attorney Fees $ _ O0
Total Judgment $. .00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
not sat~st~ecl Dy [~me o! ewct~on.
--[Defendants are jointly and severally liable.
Date: Place:
Time:
Levy is stayed for__ days or [] generally stayed.
E~] Objection to Levy has been filed and hearing will be held:
N AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OFTHE M,,ONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JI~DGMENT IN WHICH TO FI~.E.~NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PJ,.Fjj¢~ CIVIL DIVISIJ~ // .J
THE P~ARTY FILING AN APPEAL ~DE A COPY/.~'I/I~ NOT~ F_ J_U.DG. MENT/TRAN$CRIPT FORM WITH THE NOTICE OF APPEAL.
/t ,~-~'~' ( ~ Date ~ v/, L..../~ , District Justice
II ~ertify t~at this is a true and c,~rrect ~y..~Jbe.~eeerd-.et-the.p[Q~..,e~dings containing the judgment, I
~ , D strict Justice
I!! ~""i ! ,t Date ...... f/~ .................. J
A,~,~,,~-,,MY commission expires first Monday of Jan~a~,i / 200~. SEAL
CARLISLE PIKE ASSOCIATES t/a
SALEM ACRES MOBILE HOME PARK,
Plaintiff
Vo
KATHRYN M GETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO:Or.CIVIL TERM
,
;
;
PRAECIPE TO PROCEED 1N FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Kathryn M. Getz, Defendant, to proceed in forma pauperis.
I, Philip C. Briganti, attorney for the party proceeding in forma oauoeris, certify that I believe the
party is unable to pay the costs and that I am providing free legal services to the party.
Attorney for Defen t
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
CARLISLE PIKE ASSOCIATES t/a
SALEM ACRES MOBILE HOME PARK,
Plaintiff
VS
KATHRYN M GETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
cotr r¥, PENNSY VOaA
AFFIDAVIT
I, Kathryn M. Getz, am the defendant in the above-captioned action, which is an
appeal from a judgment rendered by District Justice Thomas Placey, on October
9, 2001, awarding Plaintiff possession of the mobile home lot on which I reside.
My rent for this mobile home lot, located at 6280 Carlisle Pike, Lot 309,
Mechanicsburg, Cumberland County, Pennsylvania is $325.00 per month and is
due by the first of the month.
My rent for October 2001 has been paid, and my next rent payment is due on
November 1, 2001.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. 4904, relating to unswom falsification to authorities.
Kathryn M. (P_~ti, Defend~n[~)
'~06~ UOTgOaS 'S'~ gL
P.O. Box 95
MECHANICSBURG, PA
17055
ANDREW (-;,
AT ,T~RNEY AT
MECHANICSBURG,
055
CARLISLE PIKE ASSOCIATES, :
Plaintiff :
VS. : 01 - 5999
KATHRYN M. GETZ,
Defendant
m
Telephone (717) 697-705C
Fax (717) 697-706~
PA ID No. 6Z469
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - I2~W
EVICTION
NOT I CE
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 writtgn appearance personally or by attorney
and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT 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
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
(717) 697-7050
Attorney for Plaintiff
CARLISLE PIKE ASSOCIATES, :
Plaintiff :
VS. :
KATHRYN M. GETZ,
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01 - 5999
CIVIL ACTION - LAW
EVICTION
COMPLAINT
Plaintiff, Carlisle Pike Associates, by and through counsel
of Andrew C. Sheely, Esquire, hereby files this Complaint and
respectfully states as follows=
1. Plaintiff is Carlisle Pike Associates with an address of
155 Salem Church Road, Mechanicsburg, Cumberland County,
Pennsylvania and also having a Post Office Box Number of 124,
Carlisle, Pennsylvania, 17013.
2. Defendant Kathryn M. Getz is an adult individual with a
current address of 6280 Carlisle Pike, Lot 309, Mechanicsburg,
Pennsylvania Pennsylvania 17055.
3. Plaintiff is the record legal owner of certain real estate
being improved with a mobile home park, being known as Salem Acres
Home Park, having been acquired by Deed dated March 18, 1997 and
recorded April 1, 1997.
5. Plaintiff acquired an immediate right to possession and
ownership of the leased premises by virtue of the deed as referred
to in Paragraph No. 4 hereinabove.
6. Defendant is presently residing in a mobile home and
occupying Lot No. 309 of the Salem Acres Mobile Home Park, said
lot being situated on Plaintiff's real property as described
above.
7. On or about April 18, 2000 Defendant executed a lease with
Plaintiff and Defendant has continually resided in the park since
April of 2000. A copy of the lease agreement is attached hereto as
Exhibit "A".
8. On or about April 18, 2000, Defendant executed Rules and
Regulations with Plaintiff and has continually resided in the park
since April of 2000. Copies of the park rules and regulations are
attached hereto as Exhibit "B".
9. On or about July 10, 2001, Plaintiff directed a Notice to
Quit to Defendant by certified mail advising Defendant of her
failure to pay timely rent and failure to comply with rules and
regulations regarding the payment of rent.
10. The July 10, 2001 Notice was delivered to Defendant by
certified mail and posted on the property.
11. On or about September 25, 2001, Plaintiff directed a
second Notice to Quit to Defendant by certified mail advising
Defendant of her failure to pay timely rent and failure to comply
with rules and regulations regarding the payment of rent, as well
as violations of rules and regulations number 6 regarding
subletting and rule number 20 regarding conduct of guests within
the mobile home park.
12. The September 25, 2001 Notice was delivered to Defendant
by certified mail and posted on the property.
13. Defendant has repeatedly failed to pay timely rent within
a six (6) month period.
14. Defendant has repeatedly failed to comply with park
rules and regulations regarding the payment of rent, conduct and
behavior of her guests and subletting to persons not on a lease.
15. Notices informing Defendant to quit the leased premises
were provided to Defendant at least thirty days in advance of the
filing of this action for eviction.
16. Defendant continues to violate park rules and regulations
by allowing her guests to cause disruption within the park.
17. Plaintiff is entitled to evict Defendant as a matter of
law for repeated rule violations.
WHEREFORE, Plaintiff requests that this Honorable Court enter
judgment against Defendant and in favor of Plaintiff, and
(1) direct that Defendant immediately remove herself, her
belongings and the mobile home from Lot No. 309 of the mobile home
park; and
(2) enter an Order of Court directing Defendant to pay for and
assume Plaintiff's court costs, legal costs and fees;
(3) Any other relief deemed just and equitable.
Date: November 14, 2001
Andrew C. Sh%Z~ly, ~
Attorney for Plaint~/T~f--~
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
VERIFICATION
I verify that the statements made in this Complaint are true and
correct. I understand that unsworn statements herein are made subject
to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn
falsification to authorities.
DATE: November/~, 2001
EXHIBIT "A"
Salem Acres / Six Linke Mobile Home Perks
· Lease
This agreement is entere~¥n,t(~in duplic~![~ d~ this i~ dayof f~,t~1 :Y~ between Sa em Acres / Six Links Mobile H )me
Parks as landlord, and "--~ ~l.[vt~'~tt ~.~ [~ ~ '/as'tenant. All promises and agreements made by both parties ~ ~hall
be contained in writing wi{h~-'t~e-~,~tal ~,gr~e~j~nt and Rules and Regulations.
1. D.,~scr~ption of Premises: Lar~d ord hereby agrees to rent to tenant Soace # ~' ,~-
,',_~__~, Salem Acres Mobile Home Park, 6280 Carlisle Pike Mechanicsburg "PA. ~17055 or Space # _ , Six Links M bile
mome ~ark, 155 Sa em Church Road, Mechan csburg, PA. 17055
2. Manager'Re.nt: The name end address of the authorized manager is:
Name: ~,~., ¥~ /'
Address: / Six Links M.H.P.
Mechanicsburg, ~.A~ 17055
Telephone: 717/766-8641 .
3. Terms of Agreement: The term of this agreement is month top~ontb, commencing P)-,~; i ! F 1.~/~
4. Rental Charge: The Tenant agrees to pay a total rental of $ ~ Der month ~a,,a[leJn ~dd~a .............. ,~-~
of each month during the term of this agreement. The rent shall be paid at the office of the park. A late charge of 3.00 a day eta 'ing
the second(2nd) day of each month will be charged until the rent is paid. To cover administrative costs,
a Serv. j, ce Charge
of $25 will be made for each check which is not honored by the bank. The above rental consists of a base rent of $_,~_, v~hich
is based on Four(4) occupants per mobile home space, and Two(2) vehicles per mobile home space plus any additional m~thly
charges as listed in Paragraph #5. Rental increases for a month to month tenancy shall be preceded by a 30 day written notice to
such increase to which automatically amends the agreement in that respect without any other act of the parties.
PARTIAL PAYMENT: No payment by Resident or receipt by Park Owner of an amount less than the monthly rent herein provi~led,
or a statement on any check, nor on any letter accompanying any check or payment for rent, shall be deemed an accordland
satisfaction, and Park Owner may, at its option, accept such check or payment without prejudice to its rights to recover the bal~,~.p~,e~,,,.
of such rents or pursue any other remedy provided in this Agreement or by law. '
Initia~-3~//~Oz.
5. Fees end Charges: In ad~[j,t~or~o the base rent specified in Paragraph #4 above, the following additional fees will be assessed:
A. More than four(4) oZe'cupar/ts - $15.00 per person per month ·
cB.. Security Deposit-~e of signing this lease.
6. Services: Initi
A. Landlord: will provide to the Tenant the following services to the point of connection to the mobile home at ground level: Water
and Sewer, at the outside electrical meter Electricity.
B. Landlord: will pay the monthly costs of the following services: water, sewer end garbage collection. Landlord reserves the
right to pass through any cost increase(s) by use of a surcharge for these services.
C. Tenant agrees to pay for those services marked "yes"
Sewer No Garbage No
Electricity Yes TV Cable Yes
Fuel Yes Phone Yes
Water No Other Any other services subscribed to by Tenant is their responsibility.
7. Assignment or Subletting: The Tenant is prohibited from assigning this agreement or subletting the space rented hereunder, or
any part thereof.
8. Tenants Obligations: Tenant agrees to comply with the terms of this agreement and the Rules and Regulations, a copy of which is
attached to hereto and made a part of this agreement, as well as any additional rules and regulations which may from time to time
be issued by the Landlord. Tenant is responsible for seeing that members of the tenants household abide by the rules and regulations
throughout the entire duration of their occupancy in the Park. In addition to other agreements, terms and conditions herein, the
tenants shall have the following affirmative obligations:
A. To keep that part of the park which they occupy and use, clean and sanitary.
B. To dispose in manner provided all rubbish, garbage, and other wastes in a clean and sanitary manner.
C. Not to permit any person on the premises, with Tenants permission, to willfully or wantonly destroy, deface, damage, impair or
remove any part of the facilities, equipment or appurtenances thereto, nor will they do any such thing.
Pets: New pets are not allowed in the park. All pets presently in Salem Acres are allowed to reman subject to the rules o the
9. park. NO VISITING PETS ALLOWED. Any pet running oose in the park will be impounded. There will be a $50.00 fee for impound~ t
plus any charges from the pound. There is a $10.00 pet fee per month. Initial
10. Lessee may not place or continue in place from this date forward any aboveground or underground storage tanks on the Pre~is--~s''r
without the express prior written consent of the Lessor. It shall e the Lessees sole respons~bd~ty to comply wth all existing and
future statutes, rules, regulations, ordinances, and ordrs related to the storage tanks {including pipes and equipment connected
thereto) on the Premises, and to keep and maintain the tanks in good condition and repair, such that they do not leak or present any
harm or threat of harm whatsoever to the Premises, the pUblic safety and welfare, or the environment. Lessee shall indemnify and
hold harmless Lessor from and against any and all expenses, liabilities, or costs of any kind or nature, including attorney's fees,
arising out of, caused by, or related in any way to Lessee's installation, ownership, operation, maintenance, or closure of the storage
EXHIBIT "B"
Objective:
10.
11.
12.
13.
14.
15.
16.
17.
18.
Salem Acres / Six Links Mobile Home Parks
8/24/93
Rules and Regulations
To provide our Tenants with a clean, quiet and attractive Park in which to live.
1. Rent must be paid monthly in advance on or before the first of each month. A daily charge of $3.00 a day starting on
second (2nd) day of each month will be charged until the rent is paid. A service fee of $25.00 will be charged for any returns(
checks·
There will be a charge of $5.00 per day for guests staying longer than fourteen (14) days.
There is a $10.00 monthly charge for storage of boats, boat trailers, tent campers, pick-up campers, R.V. trailers or any oth~
recreational vehicles. The Manager wit~ advise you of the area where the item may be stored. Parking of such vehicles, c
commercial vehicles, tractors or trailers on grass or in the street is prohibited.
Tenants must pay ail real estate taxes assessed and levied against their mobile homes to the appropriate government
agency.
Under Pennsylvania State Law all residents must be registered with our Manager. Before removing a mobile home from th~
Park, a removal permit must be obtained from the Township Tax Collector and shown to our Manager. All Tenants must notif,
the Manager 30 days in advance when planning to move from the Park, or forfeit their Security Deposit. All rents and oth';
charges must bo paid before the Manager will give permission to the Mover to move your home.
NO SUB-LETTING IS PERMITTED. Only those who have signed a lease are permitted to live in Salem Acres/Six Link~
Mobile Home Parks. If a mobile home la sold, both the HOME and PURCHASER MUST BE APPROVED By
MANAGEMENT PRIOR TO THE SALE, if seller wishes to have the home remain In the Park after the
aais.
7. Sale of Home:
A. Tenant bsa the right to sail their home and it must ba removed from the park except with prior
written consent of the Landlord.
B. Prior Approval: A home will be permitted to stay In the park onlYif it is atructurall~ sound and presents a
neat, clean and safe appearance inside and outside, and paaaaa Managamant'a Inspection before
the home is offered for sale. Management is to be the sole Judge of whether the home meets the standards to
remain in the park, and the Tenant agrees to accept Management~a judgment aa final. Management will, if
possible, give recommendations as to what should be done to the home to put it into condition to remain in the Park. If
these recommendations are not completed prior to the sale of the home, it cannot remain in the Park.
C. New Tenant In an Existing Home: All new Tenants must be approved by management prior to taking possession
'~ of a mobile home that Management has approved to remain in the Park. If someone buys a home in the P,= ri<, end Is
not approved, the home must be removed from the Park at once.
Initial '~
After any home is abandoned in this Park for 30 days or more, Management is
hereby given permiss on to enter the4 me, and
have the home moved to a storage area. The owner of the home will be responsible for alt costs incurred.'~
Initial
Any equipment, fixtures or goods or other property of the Lessee (Tenant) not removed by Lessee quirt ng, w :a~ting or
abandoning the premises, or upon the eviction of Lessee shall be considered abandoned and Lessor (Management) sh II have
the rkJht, without any notice to the Lessee, ,o sell or otherwise dispose of the same. ~sn...~n.~av~/
Initial /~' -~--'~/LF ~
If a mobile home ~s substanbally damaged b hre, or ~s be ond economr e
· ' ' Y ' ' Y 'c r pair for whatever reason, Management will ask the
home owners to remove it. Thirty (30) days thereafter, Management may consider the home abandoned, and dispose of it as
Junk' at the °wner's expense' In,t,a,
mM:~r~egne~r~net' reserves the right of access to yards and equipment spaces for inspection and nece;~
Residents shall not conduct any business whatsoever from their mobile homes, including babysitting services, moving or
yard sales.
Soliciting is prohibited without the express consent of Management. Please notify the Park Manager of vendors are attempting
to solicit.
Residents of the Park must be quiet after 10:00 PM and before 7:00 AM. Loud stereos, or loud talking that can be
heard outside of the mobile home and which results in complaints will be grounds for an eviction notice.
Open fires are permitted only in a conventional outdoor charcoal or gas unit.
No ~unlicensed veh cles, no motorcycles, motor scooters, go-carts, mini-bikes, 3-wheelers, otc. may be operated in Park, nor
may immobilized or disabled autos with or without valid registration plates be parked in the Park.
Pete: New pete ere not a owed In the park. All pets presently in Salem Acres are allowed to rems n subject to the
r, ules of the Park. No visiting pate allowed. Any pet running loose in the Park will be impounded. There will be 0.00 fee
for impoundment plus any charges from the pound. There is a $10.00 pet fee per month. ~e/~/~/~
Please park only in the two (2) spaces in front of your home, and do not park on the grass. Imt~al ,[~/,/
CARLISLE PIKE ASSOCIATES,
Plaintiff
VS.
KATHRYN M. GETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01 - 5999
CIVIL ACTION - LAW
:
EVICTION
COMPLAINT
Plaintiff, Carlisle Pike Associates, by and through counsel
of Andrew C. Sheely, Esquire, hereby files this Complaint and
respectfully states as follows:
1. Plaintiff is Carlisle Pike Associates with an address of
155 Salem Church Road, Mechanicsburg, Cumberland County,
Pennsylvania and also having a Post Office Box Number of 124,
Carlisle, Pennsylvania, 17013.
2. Defendant Kathryn M. Getz is an adult individual with a
current address of 6280 Carlisle Pike, Lot 309, Mechanicsburg,
Pennsylvania Pennsylvania 17055.
3. Plaintiff is the record legal owner of certain real estate
being improved with a mobile home park, being known as Salem Acres
Home Park, having been acquired by Deed dated March 18, 1997 and
recorded April 1, 1997.
5. Plaintiff acquired an immediate right to possession and
ownership of the leased premises by virtue of the deed as referred
to in Paragraph No. 4 hereinabove.
6. Defendant is presently residing in a mobile home and
occupying Lot No. 309 of the Salem Acres Mobile Home Park, said
lot being situated on Plaintiff's real property as described
above.
7. On or about April 18, 2000 Defendant executed a lease with
Plaintiff and Defendant has continually resided in the park since
April of 2000. A copy of the lease agreement is attached hereto as
Exhibit "A".
8. On or about April 18, 2000, Defendant executed Rules and
Regulations with Plaintiff and has continually resided in the park
since April of 2000. Copies of the park rules and regulations are
attached hereto as Exhibit "B".
9. On or about July 10, 2001, Plaintiff directed a Notice to
Quit to Defendant by certified mail advising Defendant of her
failure to pay timely rent and failure to comply with rules and
regulations regarding the payment of rent.
10. The July 10, 2001 Notice was delivered to Defendant by
certified mail and posted on the property.
11. On or about September 25, 2001, Plaintiff directed a
second Notice to Quit to Defendant by certified mail advising
Defendant of her failure to pay timely rent and failure to comply
with rules and regulations regarding the payment of rent, as well
as violations of rules and regulations number 6 regarding
subletting and rule number 20 regarding conduct of guests within
the mobile home park.
12. The September 25, 2001 Notice was delivered to Defendant
by certified mail and posted on the property.
13. Defendant has repeatedly failed to pay timely rent within
2
a six (6) month period.
14. Defendant has repeatedly failed to comply with park
rules and regulations regarding the payment of rent, conduct and
behavior of her guests and subletting to persons not on a lease.
15. Notices informing Defendant to quit the leased premises
were provided to Defendant at least thirty days in advance of the
filing of this action for eviction.
16. Defendant continues to violate park rules and regulations
by allowing her guests to cause disruption within the park.
17. Plaintiff is entitled to evict Defendant as a matter of
law for repeated rule violations.
WHEREFORE, Plaintiff requests that this Honorable Court enter
judgment against Defendant and in favor of Plaintiff, and
(1) direct that Defendant immediately remove herself, her
belongings and the mobile home from Lot No. 309 of the mobile home
park; and
(2) enter an Order of Court directing Defendant to pay for and
assume Plaintiff's court costs, legal costs and fees;
(3) Any other relief deemed just and equitable.
Date: November 14, 2001
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
3
VERIFICATION
I verify that the statements made in this Complaint are true and
correct. I understand that unsworn statements herein are made subject
to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn
falsification to authorities.
DATE: November/~,2001
EXHIBIT "A"
Salem Acres / Six Links Mobile Home Perks
Lease
Parks as landlord, and ',--~,'t~)~t ~ ~,j '~s't ' ' '
~.. . .. ~L~ enant All promises and agreements made by both parties hall
be contained in writing wil~h~lt~ t]~e-~ntal Agree~.~ent and Rules and Regulations.
1. D/~s.c~ption of Premises: Landlord hereby agrees to rent to tenant, Space # ~, the mailing address of which is Spa :e #
~, Salem Acres Mobile Home Park, 6280 Carlisle Pike, Mechanicsburg,'PA. ~17055 or Space # , Six Links M bile
H~me'Park, 155 Salem Church Road, Mechanicsburg, PA. 17055
2. Managen~.nt: The nant~ a. nd address of the authorized manager is:
Name: ~., ~,~. ~ ~.~LL~ -
Address: Of~i~le,~'l~m .~c'~s / Six Links M.H.P,
Mechanicsburg,'P..~ 17055
Telephone: 717/766.8641 ^ ~ ~ -
3. Terms of Agreement: The term of this agreement is month to r~on~, commencing ~'~J~ ~../~ / ~ ~'~
4. Rental Charge: The Tenant agrees to pay a total rental of $ ~//) per month, paya[le/n -~dvance on or before the first (1 st--~
of each month during the term of this agreement. The rent shall be paid at the office of the park. A late charge of 3.00 a day ata lng
the second(2nd) day of each month will be charged until the rent is pa d To cover administrative costs, a Servj, ce Charge
of $25 will be made for each check which is not honored by the bank. The above rental consists of a base rent of $_,=.~/~_, ~hich
is based on Four(4) occupants per mobile home space, and Two(2) vehicles per mobile home space plus any additi(~na~ monthly
charges as listed in Paragraph #5. Rental increases for a month to month tenancy sha be preceded by a 30 day written noti(~e to
such increase to which automatically amends the agreement in that respect without any other act of the part es
PARTIAL PAYMENT: No payment by Resident or receipt by Park Owner of an amount less than the monthly rent herein provided,
or a statement on any check, nor on any letter accompanying any check or payment for rent, shall be deemed an accordland
satisfaction, and Park Owner may, at its option, accept such check or payment without prejudice to its rights to recover the bal~,e.~
of such rents or pursue any other remedy provided in this Agreement or by law. ~
init a~./~.
5. Fees and Charges: In ad~l~.t~,to the base rent specified in Paragraph #4 above, the following additional fees will be assessed:
A. More than four(4) o~cupa~ts - $15.00 per person per month
B. Security Deposit -/$99.00 at time of signing this lease.
A. Landlord: will provide to the Tenant the following services to the point of connection to the mobile home at ground level: Water
and Sewer, at the outside electrical meter Electricity.
B. Landlord: will pay the monthly costs of the following services: water, sewer and garbage collection. Landlord reserves the
right to pass through any cost increase(s) by use of a surcharge for these services.
C. Tenant agrees to pay for those services marked "yes"
Sewer No Garbage No
Electricity Yes TV Cable Yes
Fuel Yes Phone Yes
Water No Other Any other services subscribed to by Tenant is their responsibility.
Assignment or Subletting: The Tenant is prohibited from assigning this agreement or subletting the space rented hereunder, or
any part thereof.
8. Tenants Obligations: Tenant agrees to comply with the terms of this agreement and the Rules and Regulations, a copy of which is
attached to hereto and made a part of this agreement, as well as any additional rules and regulations which may from time to time
be issued by the Landlord. Tenant is responsible for seeing that members of the tenants household abide by the rules and regulations
throughout the entire duration of their occupancy in the Park. In addition to other agreements, terms and conditions herein, the
tenants shall have the following affirmative obligations:
A. To keep that part of the park which they occupy and use, clean and sanitary.
B. To dispose in manner provided all rubbish, garbage, and other wastes in a clean and sanitary manner.
C. Not to permit any person on the premises, with Tenants permission, to willfully or wantonly destroy, deface, damage, impair or
remove any part of the facilities, equipment or appurtenances thereto, nor will they do any such thing.
9. Pets: New pets are not allowed in the park. All pets presently in Sa em Acres are allowed to remain subject to the rules o the
park. NO VISITING PETS ALLOWED. An~/pet running loose n the park will be impounded. There will be a $50.00 fee for impound t
plus any charges from the pound. There is a $10.00 pet fee per month. Initial ~.
10. Lessee may not place or continue in place from this date forward any aboveground or underground storage tanks on the Pre,isles'/
without the express prior written consent of the Lessor. It shall be the Lessee's sole responsibility to comply with all existing and
future statutes, rules, regulations, ordinances, and ordrs related to the storage tanks (including pipes and equipment connected
thereto) on the Premises, and to keep and maintain the tanks in good condition and repair, such that they do not leak or present any
harm or threat of harm whatsoever to the Premises, the pUblic safety and welfare, or the environment. Lessee shall indemnify and
hold harmless Lessor from and against any and all expenses, liabilities, or costs of any kind or nature, including attorney's fees,
arising out of, caused by, or related in any way to Lessee's installation, ownership, operation, maintenance, or closure of the storage
tanks. Upon the termination of this Lease, Lessor may at its sole discretion require Lessee to remove the tanks and clean upi end
restc~re the Premises to background conditions. A viol,a, ti~)n of this paragraph shall constitute a material breach of, the leas~e, in
addition to any other remedies available, upon Lessees failure to comply with this paragraph or obtain the Lessors approvlal to
maintain the tanks on the Premises, Lessor may, but is not obligated to, (1) order the Lessee to remove or repair the tank and
restore the site, (2) without waiving its right to indemnification or to pursue any remedies available, remove or repair the tanks[ and
restore the property itself at the Lessee's expense, and/or (3) terminate this lease. Lessor shall have the right to inspec~ the
Premises to ensure compliance with this paragraph, '
11. Sale of Home:
A. Tenant has the right to sell their home and it must be removed from the park except with prior written consent oi the
Landlord.
B. Prior Approval: A home will be permitted to stay in the park only if it is structurally sound and presents a neat, clean and
safe appearance inside and outside, and passes Managements inspection before the home if offered for ~ale.
Management is to be the sole judge of whether the home meets the standards to remain in the park, and the Tenant ago'ess
to accept Managements judgement as final. Management will, if possible, give recommendations as to what should be clone
to the home to put it into condition to remain in the Park. If these recommendations are not completed prior to the sale oI the
home, it can not remain in the Park.
C. New Tenant in an existing Home: All new Tenants must be APPROVED by Management PRIOR to taking possessionlof a
mobile home that Management has approved to remain in the Park. If someone buys a home in the Park, and is not appro
~,ed~removed from the
the home must be Park at once.
Initi
12. Termination of Tenancy:
ByTenant: Upon at lease 30 days notice in writing.
By Landlord:
A. By giving Tenant not less than 30 days notice in writing if the tenant violates a law or ordinance which relates to the Tenants
conduct as as mobile home tenant or violates a rule or regulation duly imposed as a condition of occupancy: provided, however,
that Tenant shall be advised of the reason(s) for termination of the tenancy and provided further that Tenant may avoid termination
of the tenancy by correcting the violation within the 30 day period specified in the notice. However, if a second violation olthe
rules occurs within 6 months, Management may terminate the tenancy as prescribed by law.
B. By giving not less than 90 days written notice if Management intends to cease operations of the mobile home park, odany
portions of it.
C. For failure to pay rent. if not so paid, the landlord may terminate the tenancy'and institute eviction proceedings in court.
D. For cause materially affecting health and safety of the Landlord/Management and/or other Tenants and doing damage(s) or
threatening damage to the Landlord's property or to other properties in the Park.
E. 'If tenant breaks the lease, each tenant agrees to give up the right to have a Notice to Leave, also known as a Notice to Quit. This
means that the Landlord may file a lawsuit in court asking for a court order evicting each Tenant from the leased property
without giving each Tenant Notice to Quit first. Landlord does not ha ve the right to throw Tenant out of the leased proper~ The
landlord can only evict Tenant by court action.
The Landlord does not have the right to sue in court for eviction unless a Tenant has broken the agreements in this Le~se.
Even though each Tenant is giving up Notice to Quit, each Tenant will have a chance in court to have a judge decide on
Landlord's claim for eviction.
If Tenant breaks the Lease Agreement, the Landlord may sue each Tenant in court:
1) To collect overdue rent, late charges and money damages caused by Tenant's breaking the agreements in the Lease.
2) To get the leased property back (eviction).
3) To collect for unpaid rent until the end of the Lease or until another person moves into the Leased property as a new
Tenant.
If Landlord wins a lawsuit against Tenant, Landlord can use the court process to take Tenant's personal goods, furniture,
motor vehicles and money in banks.
Tenant agrees that Landlord may receive reasonable attorneys fees as part of a court ruling in a lawsuit against Tenant for
breaking the agreements of this Lease.
Initia)'.:,~r.
13. Tenant to pay certain costs: If a mobile home or other personal property is abandoned by Tenant and rents are two (2) mohths
delinquent, Management may sell the mobile home or other personal property permitted by law and may deduct from the selling
price all delinquent rents and charges and all costs and expenses legally incurred by Management in moving and storing a mobile
home, including reasonable storage charges,
14,Costs and Disbursements: Inanysuit oraction arisingoutofthisagreement, or the interpretstionofitsterms, reasonableattoriey
fees may be awarded to the prevailing party in both the trial and appellate courts as part of costs and disbursements.
/
This agreement also includes all ruJe,~,and regulations of Management attached hereto and which are made a condition of occupancy.
In Witness whereof, tile parties ha~e ~1~ned this agreement.
Landlord '~,'~ ~.~..N. ~,},b~l~,~_,,~ Date ~ /~ Ob
~')~_ .~"~:~n.,o~/~-? Date ~-I
EXHIBIT "B"
Objective:
11.
12.
13.
14.
15.
16.
17.
18.
Salem Acres / Six Links Mobile Home Parks
8/24/93
Rules and Regulations
To provide our Tenants with a clean, quiet and attractive Park in which to live.
1. Rent must be paid monthly in advance on or before the first of each month. A daily charge of $3~00 a day starting on th
second (2nd) day of each month will be charged until the rent is paid. A service fee of $25.00 will be charged for any returns
checks·
2. There will be a charge of $5.00 per day for guests staying longer than fourteen (14) days.
3. There is a $10.00 monthly charge for storage of boats, boat trailers, tent campers, pick-up campers, R.V. trailers or any othe
recreational vehicles· The Manager will advise you of the area where the item may be stored. Parking of such vehicles, o
commercial vehicles, tractors or trailers on grass or in the street is prohibited.
4. Tenants must pay all real estate taxes assessed and levied against their mobile homes to the appropriate government
agency.
5. Under Pennsylvania State Law all residents must be registered with our Manager. Before removing a mobile home from th~
Park, a removal permit must be obtained from the Township Tax Collector and shown to our Manager. All Tenants must notif'
the Manager 30 days in advance when planning to move from the Park, or forfeit their Security Deposit. All rents and oth~I
charges must be paid before the Manager will give permission to the Mover to move your home.
NO SUB-LETTING IS PERMITTED. Only those who have signed a lease are permitted to live in Salem Acres/Six Link~
Mobile Home Parks. If a mobile home le sold, both the HOME and PURCHASER MUST BE APPROVED BY
MANAGEMENT PRIOR TO THE SALE, if seller wishes to have the home remain In the Park after the
sale.
Sale of Home:
A. Tenant hoe the right to sell their home and it must be removed from the park except with prior
written consent of the Landlord.
B. Prior Approval: A home will be permitted to stay In the park only if it is structurally, sound and presents a
neat, clean and safe appearance Inside and outside, and passes Msnagement'a Inspection before
the home is offered for sale. Management is to be the sole Judge of whether the home meets the standards to
remain Jn the park, and the Tenant agrees to accept Management'.$ Judgment as final. Management will, if
possible, give recommendations as to what should be done to the home to put it into condition to remain in the Park. If
these recommendations are not completed prior to the sale of the home, it cannot remain in the Park.
C. New Tenant In an Existing Home: All new Tenants must be approved by management prior to taking possession
of a mobile home that Management has approved to remain in the Park. If someone buys a home in the P, ark, end Is
not approved, the home must be removed from the Park at once. ~//'U/
hAaftve; ~hneYhho°mmeer~o~be~lntdo°ans~toirna~hei~rPe~r.k~er 3o0wd~:~h~?l~?~nt is i?.re,by given permission to entertthe~me and
· spons~me ror all costs incurred ~.,//r~ ~/'
Any equipment, fixtures or goods or other property of the Lessee (Tenant) not removed by Lessee quirt rig, vacating or
abandoning the premises, or upon the eviction of Lessee shall be considered abandoned and Lessor (Management) sh I have
the right, without any notice to the Lessee, to sell or otherwise dispose of the same. ~h,/~l, ~l~h~._av~,
If a mobile home is substantially damaged by fire, or is beyond economic repair for whatever reason, Management/will ask the
home owners to remove it. Thirty (30) days thereafter, Management ma consider the .
Junk, at the owner's expense. Y home abandoned, and dtspos~ of it as
Management reserves the right of access to yards and equipment spaces for inspection and necessa~
maintenance.
Residents shall not conduct any business whatsoever from their mobile homes, including babysitting services, moving or
yard sales,
Soliciting is prohibited without the express consent of Management. Please notify the Park Manager of vendors are attempting
to solicit.
Residents of the Park must be quiet after 10:0g PM and before 7:00 AM. Loud stereos, or loud talking that can be
heard outside of the mobile home and which results in complaints will be grounds for an eviction notice.
Open fires are permitted only in a conventional outdoor charcoal or gas unit.
Nc.unlicensed vehicles, no motorcycles, motor scooters, go-carts, mini-bikes, 3-wheelers, otc. may be operated in Park, nor
may immobilized or disabled autos with or without valid registration plates be parked in the Park,
Eats: New pete are not allowed In the park. All pets presently in Salem Acres are allowed to remain subject to the
r, ules of the Park. Nc visiting pete allowed. Any pet running loose in the Park will be impounded. There will be 0.00 fee
for impoundment plus any charges from the pound. There is a $10.00 pet fee per month. Initial
Please park only in the two (2) spaces in front of your home, and do not park on the grass. ' '
10.
1 g. When in use children's wading pools must be placed only on the patio. Please do not ever place them on the grass. When they
are not in use, please keep them in a storage shed. The location of ndiv dual swing sets must be approved by Management,
20. Tenants will be held responsible for the conduct and damage caused by their children and/or guests.
21. Residents must keep their homes clean, painted and skirting repaired. Yards must be neat and mowed at all times. No debriS,
lumber, boxes, tires refrigerators,broken furniture or loose paper will be stored outside a storage shed. Fences of abprovei~
types are permitted. Any tenant considering a fence MUST get approve from the Managerhent BEFORE any installation ts
undertaken.
Management reserves the right to mow any lawn that is neglected, or to cut weeds, for which Tenant will pay a service cha~
of $20.00.
Planting of flowers and shrubs is encouraged, but before digging, please see the Manager because of the underground wit
and pipes. Plants may be watered only with buckets and sprinkling cans, and cars may be washed using buckets only.
hoses are allowed. Please keep the parking area in front of your home clean.
22. Utility sheds approved by Management as to size, construction and location are parmitt~cl. The shed must be pmp~
anchored and insured.
23. Cabanas and awnings of approved manufactured types are permitted. Please see the Manager for approval. Self-mac
cabanas and canvas awnings are not acceptable. Please use only umbrella type outside clothes dryers. Clothes Ilnee el
not permitted.
24, All mobile homes must be skirted, using manufactured type skirting approved by the Manager, within 30 days of entering Pa~
When nsta ng skirting, an opening must be made at the sewer and water connections for servicing. Any home wit~b*qut skittle
will be assessed $100.00 per month until skirting is installed. Initial ,, --~--~'/~
in
excess
thirty
(3O)
days
25. Objects such as sanitary napkins, Tampax, disposable diapers, paper towels, raga, newapepe/re an
Kleenex ara not to be flushed down the toilet or other drains, as this causes the sewer to clog and back up
Residents will be charged for labor and other costs involved in cleaning the sewer line if the problem is caused by any ~
the above objects.
/
26. No outside faucet for water will be installed on the Park water system.
27. Please keep trash and garbage in water-proof plastic or galvanized containers with tight lids. These are to be put out on picl~-
up day which is currently every Monday P ease put the containers awaY after.pick-up, so they are inconspicuous, at the rear
of your home. Refuse which will not fit in a trash container, such es mattresses, chairs, tires, etc. should be disposed of I~y
the owner. If Park Manager has to dispose of these items, there will be a $50.00 labor charge, in addition to all other coslls
incurred. .
28. '" Tenant s responsible for keep ng h s own water and sewer connection from leaking or freezing from the ground or valve up t°
where it connects to the mobile home. Outside water lines must have electric heat tapes and protective insulation instaited
and ready for use by October 31 st.
29. Owners may make minor repairs to their own vehicle, in an area provided by the Manager, at no cost to Tenant, but the placini
of vehicles on jacks, blocks or ramps, and performing major repairs, or draining of motor oil is prohibited.
30. The speed limit in the Park is 5 mllee per hour. This is for the protection of our elderly tenants, and children who play oI
the Park streets. Please watch for the speed bumps.
31. All mobile homes are required to keep their running gear attached, such as axles, springs, tires and rims, so that mobile home
can be moved if necessary.
32 Sidewalks and car parking spaces must be cleared of snow as soon as possible, and no later than 24 hours after the snowfall.
33. The Owners/Management/Manager of Salem Acres/Six Links Mobile Home Park shall not be liable or responsible for any
damage, injury or loss by accident, theft or fire to either property, person, or guest which may be sustained as a consequence
of the failure, breakage, leakage or obstruction of the water and sewer system, electrical, gas or oil system or from
negligence, or improper conduct on the part of any resident or guest. Reeldente are urged to obtain the necessary
fire end liability Insurance against these contingencies. Any signatures affixed to the rental agreement or to
these Rules and Regulations by the residents shall constitute an obligation upon all members of their immediate family and
guests.
34. Management reserves the right to cancel or change any of these Rules and Regulations, and to make such other regulations,
as in their judgement may from time to time be necessary for the safety, maintenance and proper operation of the Park. Such
changes, when so made, and when notice thereof is given to the resident, shall have the same force and affect as if originally
made e part of this agreement.
35. If, for any reason, any portion of these Rules and Regulations should be declared invalid, the remaining portions of thes~
Rules and Regulations shall remain in full force and effect.
These rules have been written for the benefit ol all. They ere not meant to restrict your pereonal liberties,
but because we ere · close community, we muet be careful that our activities will not Infringe unpleeeantly
on others.
!
I have reed thaee rulaa end ragulatlona dated Auguet 24, 1993, and accept end agree to them ae · condltlo~
for my reeldlng at Salem Acres/Six Links Mobile Home Park.
signed Date f// J ,c,, '
Signed ~ {~ ~/~a.~ Date ~ / ~{~ /0 0 Lot,
CERtIFICAtE OF SERV~C~
I, Andrew C. Sheely, Esquire, hereby certify that I am this day
serving the foregoing Complaint upon the following named individual this
day by depositing same in the United States Mail, First Class, postage
prepaid, at Mechanicsburg, Pennsylvania, addressed as follows:
PHILIP C. BRIGAlqTI, ESQUIRE
MID PENN LEGAL SERVICES
8 IRVINE ROW
CARLISLE PA 17013
Date: November/~, 2001
~ndre~ C .v ShYly, Esquir_~
Attorney for Plaintiff
CARLISLE PIKE ASSOCIATES,
Plaintiff
VS.
KATHRYN M. GETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01 - 5999
CIVIL ACTION - LAW
EVICTION
JOINT PETITION TO RELEASE ESCROW FUNDS
Plaintiff and Defendant hereby file this Joint Petition and
respectfully state as follows:
1. Plaintiff is Carlisle Pike Associates with an address of
155 Salem Church Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
2. Defendant Kathryn M. Getz is an adult individual with a
current address of 6280 Carlisle Pike, Lot 309, Mechanicsburg,
Pennsylvania, 17055.
3. Plaintiff and Defendant desire that all rent escrows held
by and paid to the Prothonotary of Cumberland County through
January 4, 2002 in the amount of $985.00 shall be released and
paid to Plaintiff, Carlisle Pike Associates.
WHEREFORE, Plaintiff and Defendant respectfully request that
this Honorable Court enter an Order in accordance herewith.
Andrew C. Sheely, ~%~ire
Pa. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717) 697-7050
Attorney.ifor Plaintiff
January ~ , 2002
Philip C. ~iganti, ~squire
Legal Services, Inc.-
8 Irvine Row
Carlisle Pa 17013
Attorney for Defendant
January , 2002
CARLISLE PIKE ASSOCIATES, :
Plaintiff :
VS. :
KATHRYN M. GETZ, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01 - 5999
CIVIL ACTION - LAW
EVICTION
ORDER OF COURT
AND NOW, this ~ ~day of~ , 2002, based upon
the attached Joint Praecipe of Plaintiff and Defendant, the
Prothon0t~ry of Cumberland County is directed to release all funds
· held in '~scrow in the above-referenced docket, payable to
~.:~laintiff, Carlisle Pike Associates.
~/Andrew C. Sheely, Esquire
Attorneyfor Plaintiff
~hilip C. Briganti, Esquire
Attorney for Defendant
CARLISLE PIKE ASSOCIATES,
Plaintiff
VS.
KATHRYN M. GETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01 - 5999
CIVIL ACTION - LAW
EVICTION
JOINT PETITION TO RELEASE ESCROW FUNDS
Plaintiff and Defendant hereby file this Joint Petition and
respectfully state as follows:
1. Plaintiff is Carlisle Pike Associates with an address of
155 Salem Church Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
2. Defendant Kathryn M. Getz is an adult individual with a
current address of 6280 Carlisle Pike, Lot 309, Mechanicsburg,
Pennsylvania, 17055.
3. Plaintiff and Defendant desire that all rent escrows held
by and paid to the Prothonotary of Cumberland County through April
3, 2002 shall be released and paid to Plaintiff, Carlisle Pike
Associates.
WHEREFORE, Plaintiff and Defendant respectfully request that
this Honorable Court enter an Order in accordance herewith.
Andrew C. Sheely, re
Pa. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717) 697-7050
Attorney for Plaintiff
April , 2002
Legal Services, Inc:
8 Irvine Row
Carlisle Pa 17013
Attorney for Defendant
April/~, 2002
2002
CARLISLE PIKE ASSOCIATES,
Plaintiff
VS.
KATHRYN M. GETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01 - 5999
CIVIL ACTION - LAW
EVICTION
ORDER OF COURT
AND NOW, this ~ day ofk _. '~ , 2002, based upon
the attached Joint Praecipe of Plaintiff and Defendant, the
Prothonotary of Cumberland County is directed to release all funds
held in escrow in the above-referenced docket, payable to
Plaintiff, Carlisle Pike Associates.
Adrew C. Sheely, Esquire
torney for Plaintiff
/~hilip C. Briganti, Esquire
Attorney for Defendant
Je
CARLISLE PIKE ASSOCIATES,
Plaintiff
VS.
KATHRYN M. GETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01 - 5999
CIVIL ACTION - LAW
EVICTION
JOINT PETITION TO RELEASE ESCROW FUNDS
Plaintiff and Defendant hereby file this Joint Petition and
respectfully state as follows:
1. Plaintiff is Carlisle Pike Associates with an address of
155 Salem Church Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
2. Defendant Kathryn M. Getz is an adult individual with a
current address of 6280 Carlisle Pike, Lot 309, Mechanicsburg,
Pennsylvania, 17055.
3. Plaintiff and Defendant desire that all rent escrows held
by and paid to the Prothonotary of Cumberland County through April
3, 2002 shall be released and paid to Plaintiff, Carlisle Pike
As s oc late s.
WHEREFORE, Plaintiff and Defendant respectfully request that
this Honorable Court enter an Order in accordance herewith.
Andrew C. Sheely, Es~T~lre
Pa. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717) 697-7050
Attorney for Plaintiff
April , 2002
Phili6 C. B~a~ti, ~q%lr~ e
Legal Services, Inc.'
8 Irvine Row
Carlisle Pa 17013
Attorney_for Defendant
April /F, 2002
o
o
~0~
~o~
~o~
CARLISLE PIKE ASSOCIATES,
Plaintiff
VS.
KATHRYN M. GETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 01 - 5999
:
: CIVIL ACTION - LAW
:
· EVICTION
_JOINT PETITION TO RELEASE ESCROW FUNDS
Plaintiff and Defendant by and through counsel hereby file
this Joint Petition and respectfully state as follows:
1. Plaintiff is Carlisle Pike Associates with an address of
155 Salem Church Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17055·
2. Defendant Kathryn M. Getz is an adult individual with a
· +,. ~,.~ p. aad ,4p~', I C,~ £~,,~fa ~.,'l?~ 1°.4 t 7all.
current address of ~n%=~,,o,~ ''~ "et 309,
t~oylvania, L7955.
3. Plaintiff and Defendant desire that all rent escrows held
by and paid to the Prothonotary of Cumberland County through
April 3, 2002 shall be released and paid to Plaintiff, Carlisle
Pike Associates.
4. upon payment of all remaining amounts in escrow,
Plaintiff shall mark the above-captioned matter settled and
discontinued.
WHEREFORE, Plaintiff and Defendant respectfully request that
this Honorable court enter an Order in accordance herewith.
Pa. I.D. No. 62469
127 S. Market street
P.O. Box 95
Mechanicsburg, PA 17055
717) 697-7050
Attorney for Plaintiff
July /~ , 2002
8 Irvine Row
Carlisle Pa 17013
Attorney for Defendant
July /~-, 2002
14495004242002 Cumberland County Protho~otary's Office Pa~e 1
PYS405 Manual Re±ease Check Register 4/2~/2002
Escrow Tran Date
D~stribution Case No Accounting Amount Date Release
-2259 ..................................... CARLISLE PIKE ASSOCIATES ~-~[~[-$~$~--~-~[[---{~
RENT 2001- 05999 PYMT~MONEY ODR 335.00 1~29~2002
RENT 2001- 05999 PYMT~CASH 335.00 3~01~2002
RENT 2001- 05999 PYMT/CASH 335.00 4/03/2002
Payee total:
1005.00
Grand total: 1,005.00
CARLISLE PIKE ASSOCIATES,
Plaintiff
VS.
KATHRYN M. GETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01 - 5999
CIVIL ACTION - LAW
EVICTION
ORDER OF COURT
day of -- , 2002, based upon
the attached Joint Praecipe of Plaintiff and Defendant, the
Prothonotary of Cumberland County is directed to release all funds
held in escrow in the above-referenced docket, payable to
Plaintiff, Carlisle Pike Associates.
THE
Je
Andrew C. Sheely, Esquire
Attorney for Plaintiff
Philip C. Briganti, Esquire
Attorney for Defendant
CARLISLE PIKE ASSOCIATES,
Plaintiff
VS.
KATHRYN M. GETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01 - 5999
CIVIL ACTION - LAW
EVICTION
JOINT PETITION TO RELEASE ESCROW FUNDS
Plaintiff and Defendant by and through counsel hereby file
this Joint Petition and respectfully state as follows:
1. Plaintiff is Carlisle Pike Associates with an address of
155 Salem Church Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
2. Defendant Kathrvn M. Getz is an adult individual with a
current address of ~$on ~=~-~^ u~ T~ ~n~ ~:=cha-4-~b,,~
Pennsylvania, ~955.
3. Plaintiff and Defendant desire that all rent escrows held
by and paid to the Prothonotary of Cumberland County through
April 3, 2002 shall be released and paid to Plaintiff, Carlisle
Pike Associates.
4. Upon payment of all remaining amounts in escrow,
Plaintiff shall mark the above-captioned matter settled and
discontinued.
WHEREFORE, Plaintiff and Defendant respectfully request that
this Honorable Court enter an Order in accordance herewith.
Pa. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717) 697-7050
Attorney for Plaintiff
July /O , 2002
~Ps~v~i~Tn~.Esquire
8 Irvine Row
Carlisle Pa 17013
Attorney for Defendant
July /~-, 2002
CARLISLE PIKE ASSOCIATES,
Plaintiff
VS.
KATHRYN M. GETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01 - 5999
CIVIL ACTION - LAW
EVICTION /APPEAL
PRAECIPE TO SETTLE AND DISCONTINUE
To:
Curtis R. Long, Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
In accordance with Paragraph 4 of the Joint Praecipe of
Plaintiff and Defendant filed on July 25, 2002, kindly mark the
above-captioned case settled, satisfied and discontinued, with
prejudice.
Andrew C. ~re
Attorney for Plaintiff
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
Date: August Z7, 2002
CERTIFICATE OF SERVIC~
I, Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the foregoing Praecipe upon the following named
individual this day by depositing same in the United States Mail,
First Class, postage prepaid, at Mechanicsburg, Pennsylvania,
addressed as follows:
PHILIP C. BRIGANTI, ESQUIRE
MID PENN LEGAL SERVICES
8 IRVINE ROW
CARLISLE PA 17013
Date: August ~ 2002
~ndrew C. Sheely, Esquire
Attorney for Plaintiff