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HomeMy WebLinkAbout99-04308 1 KENNETH F. LEWIS, ESQUIRE Attorney I.D. 169383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff STEVEN BRANDENBURG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V NO. 1999 - )IJOP CIVIL TERM SHERRY WINTERMYER d/b/a, SDW ENTERPRISES, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND TO THE DEFENDANT NAMED HEREIN: 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 is served, by entering a written 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 further notice for any money claimed orrequested rby the in the Complaint, or for e money or relief Plaintiff. You may los Y or important to you. YOU SHOULD TAKE THIS ONCE. IF YOU DO NOT AFFORD ONE, GO TO OR FORTH BELOW TO FIND LEGAL HELP. PAPER TO YOUR LAWYER AT HAVE A LAWYER OR CANNOT TELEPHONE THE OFFICE SET OUT WHERE YOU CAN GET CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 'i KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff STEVEN BRANDENBURG, Plaintiff V. SHERRY WINTERMYER d/b/a, SDW ENTERPRISES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT Plaintiff, Steven Brandenburg, by his attorney Kenneth F. Lewis, files this Complaint, averring as follows: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff is Steven S. Brandenburg, who resides at Kingsbury Trailer Court, 5169 E. Trindle Road, Lot 3, Mechanicsburg, PA 17055. 2. Defendant is Sherry Wintermyer, d/b/a SDW Enterprises, who resides at 185 Yocumtown Road, Etters, York County, Pennsylvania 17319. 3. This case involves the rental of land upon which to place a mobile home. The Defendant owns the subject land, which is located at Lot 111, 4191 Gettysburg Road, Camp Hill, Pennsylvania 17011. COUNT I -- BREACH OF CONTRACT 4. On August 6, 1998 Plaintiff and Defendant entered into an agreement for the rental of Lot Ill, Gettysburg Road in Camp Hill. A copy of the agreement is attached to this Complaint. to honor it. Defendant dem demanding breached Plthe aintiffsubject remove agreement his trailer ufrom the premises. 6. Though Plaintiff made Defendant well aware of the size of his trailer, the stated reason for Defendant's refusal to honor the lease was that his trailer was too big for the rented lot. 7. Defendant did not inform Plaintiff that she would not honor the agreement until after Plaintiff had already moved his trailer onto the lot. S. The subject due to substandard electrical hook-ups local and c lack requirements of proper foundation for the trailer. 9. Defendant breached the agreement by refusing to upgrade the electrical service so that it met local code requirements or to fix the foundation problem. 10. Defendant breached the agreement by refusing to provide sewer service. il. Defendant's actions as described above prevented Plaintiff from obtaining an occupancy permit and, thus, from moving into his trailer. 12. Due to Defendant's breach, Plaintiff has suffered the following damages: a) electrical upgrade $ 808.22 b) relocation of mobile home $2,540.00 c) permits $ 128.22 d) security deposit $ 250.00 e) utilities S 702.64 total $4,427.08 WHEREFORE, Defendant requests judgment in the amount of $4,427.08, plus interest and costs of suit. COUMT II -- VIOLATION O MOBILE HOME PARR RIGHTS ACT 13. Plaintiff incorporates paragraphs 1 through 12 of this Complaint as if fully set forth herein. 14. Defendant's refusal to honor the agreement violates $398.3 of the Mobile Home Park Rights Act. WHEREFORE, Plaintiff demands judgment in the amount of $13,281.24 (treble damages), plus interest and costs of suit. 15. Plaintiff incorporates paragraphs 1 through 14 of this Complaint as if fully set forth. 16. Defendant's actions as described above violate the Unfair Trade Practices and Consumer Protection Law (UTPCP), 73 P.S. 5201 at sea. 17. Defendant and her agent, Elmer Slaseman, made fraudulent misrepresentations to the Lower Allen Township Codes Administrator, in an effort to force Plaintiff from the rented property. These actions also violate the UTPCP. 18. The agreement prepared by Defendant violates Pennsylvania's Plain Language Consumer Contract Act, 73 P.S. 52201, et sec. which is a violation of the UTPCP as per 73 P. S. S2207(b). WHEREFORE, Plaintiff demands judgment in the amount of $13,281.24 (treble damages), attorney's fees (to be determined at the time of trial), plus interest and costs of suit. COUNT IV--PLAIN LANOUA.GZ CONBUNER CONTRACT ACT 19. Plaintiff incorporates paragraphs 1 through 18 of this Complaint as if fully set forth. 20. The rental agreement prepared by Defendant violates 52205 ("Test of readability") of Pennsylvania's Plain Language Consumer Contract Act, 73 P.S. 52201, et sea. WHEREFORE, Plaintiff demands judgment in the amount of $4,427.08 actual damages, $100.00 statutory damages, attorney's fees and court costs. /?S/? y DATED: KEN44r4l IeWj EWIS, ESQ. Attorney for Plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. S 4904, relating to unsworn falsification to authorities. DATED: 1]//U /Gq ,?/C?f /! STEVEN BRANDENBURG OBIV411998 14:52 7172499079 CARLISLE MOBILE HOME PAGE 82 .1 PHONE NO. 717659203 Aug. 04 1998 02:4SPN P1 PASS AP'PRMU Under: Daley cl 9 This certifies that ?, ?- .VF/? /?A (?l?i°i?/C3 has/have been accepted as new tenant(s) of (Mobile Home Park) D. -154" le Lot M or Address Z... zz / CsF 2I In the event of default by the above named tenant, the Park Owner shall give notice In wrilin{ to lender prior to eviction. The Lender shall have the option to hell the tenant's mobile home in the event of repossession at its presew ?ocalion, provided that Lender assumes the tenant's liability for delinquent rent due Park Owner. Parl, 0--ter/Manager acknowledges receipt of a copy of this agreement. .. Ibis further certifies that the above named tenant(s): A. Iieve paid the lot rent and other ohll gations to this park through 1,?el geI5 T - .)/Cs ?Z_jz?•0 8. Have a balance dur ..f C. Taxes have been paid through (Park OwneWManager) , 57 l,?/z.s, P11' 17,519 F•,,rm RENTALAGREEMENT Print Form Save Form Parties 1. This rental agreement is made on j Gs 19 between ?DAJArAJn/?FifldR/5`S[nameofmobi?lomen rgkowner oioperator I Operator) and S7'rVr1.N ? [name ofresidew] (Resident). The Operator ag•ees to lease to the Resident en the Resident agrees to lease from he Operator the mobile home :pace described in Paragraph 2 (Premises) according to tt.e following terms: Description of Premises 2. The Premises are described as . d 7"w& L [description ire;luding space number ] in the Operator's mobile home park,5j2f,/ r°e/>i£cPpj rAS [name ofpark 1 (Park), located at ,Ylql&gfzADqj [address of park), 9 40. Term of Rental Agreement 3. The rental agreement shall be for a term of /I7ab7N t) oeyly one year]. The term shall commence on 41 G _, 19 9 y ;(A terminate on Rent. 4. The annual rent for the Premises is ; , payab! in monthly installments of $ _?2 571. ?11 each, and pay. ble in advance on the day of each month. The initial installment of rent sh:,Il be due on 19 The Resident shill pay the rent promptly when jue to the Operator or the Operator's agent at the Park office or or other place designated by the Operator in writing. :'ervices and Service Charges 5. The Operator shall provide to the Re ;ident the following services: _ [describe, e.g., water, fuel, gas, electri ty, trash and arks ere telephone, sewage disposal, and caUle television]. Include i In t e ren escribed in Para[., aph 4 above are reasons le charges for _ [specify, e.g., water us: tt, sewer hookup, and trash oll e?j. Additional fees, charges, an, assessments to be c arged t ) the Resident for of ei? services provided by the Operator are r et forth in the schedule of fee: attached to this Agreement. All other services not specified in this In.ragraph or the attached fee s; iedule must be arranged and paid for by the Resident. These ad litional fees, charges, and'ass, ssments shall be paid promptly when billed and the fees, ch:!:ges, and assessments billed will represent the charges for the period of service just prior to billing. Pennsylvania Transaction Guide.-L; gal Forms Copyright 1997 Manhew Bender a Co., Inc. Use of Premises 6. The Premises shall be used for the p acement of a mobile home ov ned by the Resident. Other installations may be permitted on the Premises only as otherwise per -iitted in this rental agreement or in the Park rules. The mobile home placed on the Premises shall be used as a residence for (e.g., a single family or not more : ian two families], with uses normally Incident to residency. The Re%lden s ltwimoply with curren' and future Park rules concerning the use of the Premises. Accessory Structures 7. The Resident shall obtain the Operatues approval of all accessory structures end equipment to be installed on the Premises prior to inctallation and the Operator shs I of unreasonably withhold_ iMpMXALThe Resident shall comply v0h Park rules that regue types a manner of Installs on of accessory structures and equipment to be used in the Ps rk. The Resident must have the mobile home secured on the i remises with tiedowns within _,3 O C5 [e.g., thirty] days after placement of the mobl•t+ home on the Premises. Accr ssory structures and equipment may be acquired from a ven:lor of the Resident's choosing. On the Resident's written request, the Operator shell [e.g., sell or rent] to • he Resident any of the following mobile home accesso struct Tres or equipment that the Operator shall have installed on the Resident's Premises: [specify ]. The charge! for the accessory structures or equipment and th servicra of installation provided by th= Operator are set forth in the attached fee schedule. Common Park Facilities /The lark contains certain facilities fcr the common use of all residents. The following facilities shall be provided to the Resident durinli the period of tenancy pro- wded for in this Agreement: [describe, e.g., administrative center, laundries, swimming pools, gymnasiums, assembly hall, storage c^nters, parking areas, and trash disposal and removal centers]. The Operator is responsible for providing and maintaining th 3 physical improvements in these common facilities in good workirg order and condition. ?// Residents' Association PO'THe Resident may join the residents' association, which is described in the Park rules. The current articles and bylaws of the residents' association are available to the Resident on request. x' The Resident will receive current corre• pondence from the secretary cf the residents' association, whether or not the Resident is a memb n. Park Rules and Regulations 10. The Operator shall promulgate fair and reasonable Park rules ant regulations for maintenance of mobile homes, accessory buildings or structures, ano other improvements, for use and maintenance of permanent buildin•;s and facilities, and for conduct throughout the Park. The purpose of the Park rules and regulations is to preserve the finest qua Ity of operation and Pennsylvania Transaction Guide--Legal Forms Copyright 1997 Matthew Bander 8 Co., Inc. atmosphere for the convenience and enjoyment of Park residents. The Resident acknowledges receiving a copy of the current edition cf the Park rules, which are sit€ :hod to and incorporated in this Agreement. Modifications of Current Park Rules and Common Facilities 11. The Operator may amend, modify, s dd to, or delete any rules, services, equipment, and physical improvements of the Park for my nonarbitrary and noneapric-ous reason. The Resident may present written suggestions for changes for the Operator's consideration. No amendment, modification, addition, or deletion shall take effect before [e.g., at least I da ' written notice is delivered by the Operator to the Resident a id to all other res`icdnts of e Park]. Rent Increases 12. Rent may not be increased during P o term of this rental agreemen . However, if overnight visitors or guests invited by the Residen to the Premises remain overn ght so frequently as to increase the number of persons norma`ly living in the mobile home, th Operator may revise the rent due to conform to rent paid by other residents with like numbers o' household members. The Operator shall post In the Park and ma'I to the Resident written notice, J any increase in rent thirty days before the effective date of the increase. Transfer of Mobile Home 13. The Resident may transfer any inter est In the Resident's mobile home while it is located on the Premises If the Resident gives the Operator written notice 3 © D.41/5 [e.g., .tan] days in advance of closing the transfer. RequirFd Removal of Older Mobile Hmmes 14. On the sale or transfer of the Park to a third party, the Operator reserves the right to upgrade the quality of the Park by requiring the Pesident to remove the Reside ,it's mobile home if it is [specify condition, e.g., more than twenty-five years old, rundown, or in disre air]. The Operator will use reasonable discretion in t`'nteermininng the con r on o t e mobile *Rome and its accessory structures. Prior Approval of Mobile Home Purchzser 15. If the Resident at any time intends to sell a mobile home placed or the Premises and if the mobile home will remain on the Premises after sale, the Resident shall obtain prior approval of the prospective purchaser from the Operab 1r. The Operator will approve a purchaser who, as a prospective resident, has the financial ability to pay the rent and charges of the Park unless the Operator reasonably determines that th i purchaser will not comply with the Park rules and the requirements of tenancy in the Park based on prior tenancies held by the purchaser. If the Operator rejects a purchaser as a prospective resident, the Operator stall Inform the Resident in writing of the reasons for the rejection. Pennsylvania Transaction Guide-Lt gat Forms 3 Copyright 1997 Matthew Sender s Co., Inc. sublease or Assignment of Lol 18. The Resident must obtain prior written approval from the Operator before subletting or assigning all or any portion of the Premises or the Resident's interest . In the Premises. The Operator shall not unreasonably withhold approval of a sublease or r ssignment. No approval may be given if the operator reasonably determines that a prospective re: ident, based on prior tenancies, will not comply with the Par t rules and the requirements of tenancy in the Park. Notice of Intent to Vacate 17. If the Resident Intends to vacate th s Premises for any reason with legal cause, Including the failure of the Operator to perform any contractual or statutory duties, the Resident shall give the Operator at least nT [e.g., thirty] days' advance wr,Ken notice of the intent to vacate. [ifthe lease not mon h-to-month, add : If the Resident has t'ocided not to renew this Agreement, the Resident must give the Operator ?D j?V?_ _ (e.g., thirty) days' advance written notice before nonrenewal. However, the Resident may negoti:te with the Operator on the terms of a succeeding lease if a lease is not to be renewedj. Eviction of Resident -::. 1a. The Operator may terminate this agreement and evict the Resident only for the following reasons: a. Nonpayment of rent, b. A second or subsequentviolntion of the Park rules or breach of this rental agreement occurring ,within a six-month period. C. A change In the use of the Perk or parts of the Park, d. Termination of the Park. The Resident may not be evicted by any self-help measure. If required, the Operator may bring eviction proceedings in a court having proper jurisdiction. The Operator must notify the Resident in writing by certified or registered mail of the grounds for eviction ].n 0PB [e.g., at least twen days before commencing an eviction action. In the case of nonpaymentW ent or other violations of the Park rules or this rental agreement, the Operator will be entitled to file an eviction action according to notice ,procedures provided by law. Delivery of Notice 19. Any notice required under this Agreement shall state the specific facts of the reason or reasons ivatna i ransaction t3utde--Legal Forms 1997 Matthew Bender 8 Co., Inc. r for the notice and shall be personally lelivered or mailed to the party' at the address stated In Paragraph 1 above, unless another address has been designated. Etch party shall immediately notify the other of any change of addr fss. Compliance -or Entire Term and Surrender If Premises 20. The Resident shall pay the rent to! the full term of this Agreement and use the Premises only In the manner contemplated under th.s Agreement and the Park rules. The Resident shall surrender the Premises, on termination of this tenancy, In the same c )ndifion as received. Indemnification 21. The Resident agrees to Indemnify end hold the Operator harmless from liability for any occurrences on the Premises and undo: r the immediate control of the Resident or arising out of any action perpetrated, with or without i •itent, by the Resident and wit tout complicity of the Operator. ?Tiv esident Is given [number ] uccessive options to renew this rental agreement. Renewals shall be for a to •m of [number ] year [s] each, on the same terms and conditions as this rental agreement life greduated rental will apply, add : provided that the rent durirg each successive renewal per od shall be as follows: (number otmont 7s or years) $ _ (number of montis oryears) $ (number of monNrs or years) $ Rent during the renewal periods shall be payable [(e.g., monthly or annually) in advance]. The Resident may exercise these options by giving written notice of renewal to the Operator at least days before the expiration of the terms of this Agreement or of any renewal of this Agreement Dated: OPERATOR [typed name ] RESIDENT [typed name ] [sfgnatc roof operator ] [signatu,e of resident ] Ivania Transaction Guide--Legs] Forms 1987 Matthew Senders Co., Inc, § 223.241 Mobile Home Park Rules [1]-Comment-Use of Form Rules for the occupancy and rental of a mobile home space in an ave. age-sized park usually resemble the following form. Additional rules may be added for mobile home parks with special features or facilities. Park rules are generally discussed in Section 223.32[3]. The park owner or operator may estab ish park rules only if they are In -luded in any written lease, delivered to existing residents, and posed in a conspicuous and readily accessible place in the park. If the rental agreement Is oral, these rules mist also be given to a mobile home resident before the park owner or operator accepts any initial deposit, so, or rent 168 Pa. Stat. Ann, § 398.41. This form is provided separately from the rental agreement so the rules can be more easily amended, posted in the park, or delivered to existing residents. It must is attached to, or added as a r rovision of, the rental agreement Illustrated In Section 223.240. [2]-Form Z 14/ ON7-a RPR15fS Form RULES OF [name of mobile home park ] Print Form Save Form Purpose of Rules 1. This mobile home park has been constructed, developed, and managed for the particular purpose of providing a convenient, secure, and enjoyable place of residence for persons who [descripBon of type ofresident, e.g., are retired or otherwise not actively engaged In daily business management or employment and who are oriented to recreational, educational, or social scheduling or relaxation]. It is to the advantage and well-being of all present and future residents that management insist as far as possible on admitting Into this mobile home park only those residents who appear to qualify under this description No one will be denied residency or tenancy in this mobile home park on the basis of race, a icestry, color, religion, creed, sex, or marital status. Guests 3. Guests who have stayed with a resident more than [e.g., a total of twenty cons r +N. da K or a totaft dar in a calendar veer] and who intend to stay on for any continued period beyond that must register with the par owner or operator]. Guests include any occupant of the resident's mobile home ot?h??resident and his or her spouse [, children, parent, or grandparent]. Pets 4. Each mobile home may contain no more than one dog and one cat and no more than a Ivania Transaction Guide--Legal Forms 1997 Matthew sender d co., Inc. reasonable number of small ets capable of beln confined in cages. Animals are not allowed to mobs a ome par spaces or premises an mus a confined on a leash or otherwise. Owners and handlers are responsible for keeping all premises clean from pets' activities. Animals must be removed from this mobile home park If the;.* substantially annoy other residents whether within their mobile homes or in their enjoyment of park premises. Mobile Home Standards 5. Aft mobile homes and mobile home accessory structures and buildings must be approved by the park 4 h GJ owner or operator] before being placed or installed on individual spaces. Complete skirting an awning installation of mobile homes h required within required ov r the length an swi th of p,dloe ands carports of mobile h crmesaResidennts of this mobile home park may acquire installs ion and accessory equip- me it from any vendor of their choice. Approved forms of mobile horr e a cessory buildings and stru tures are available for purchase or rental from the park- (owner or ape ator,] Including installation on the mobile home park space, as fol o : (list equipment and chary es ]. Mobile Home Exteriors G. Exteriors of all mobile homes must be kept clean and neat. All conrectlons for utilities must be kept In safe, leakproof, and operative ondition at all times. Clothing or other hems not approved as accessories by the park [ownerr or operator] may not be hung from or outside of any mobile home. Clothes maybe hung In"? a dryer yards of the laundry facilities. Patio furniture and barbecue equipment on I'm patio and a storage cabinet on the carport side are the only items permitted outside of a mobil - home. Mobile Home Park Space Maintenance 7. All spaces must be maintained by th•)ir residents In a clean, well-kefd, and attractive fashion. The park i?C• 1 (owner oroperator] may take over care of any neglected space and bill the resident for services ren er eree . Eacn resident must landscape the space within [e.g., sixty] days cf taking occupancy. Residents will maintain any lawns, flowers, and hrubs on their spaces In on orderly, trimmed, and watered manner and will keep all trash, debris, boxes, barrels, brooms, Ir d ers, and other equipment out of sight. Cardening k A [owner's or ooerator's] office for borrowing without charge. On vacating a space, the resident must ascertain that the space is leveled and have all holes filled. Mobile Home Park Space Usage 8. Spaces are to be used for residentlai purposes in a manner that does not disturb the peaceful enjoyment of any part of the premises cf this mobile home park by,any resident. Repairing or washing of vehicles may not take place on spaces or in driveways; carports, or streets of this mobile home park. Storage is not allo% W under any mobile home. All material or debris gathered or a mulcted under a mobile home must be removed immediately on request of the park t owner or operator]. Pennsylvania Transaction Guide--Lt gal Forms CopyrlpM 1997 Matthew sender d Co., Inc. Utilities 9. Each space is equipped with individjal meters for measuring the actual consumption of Payments according to the entalag electricity, for aspace will be as for m a i rent o a de by the Individual companies supplying such services. Curr^^+ ti Ru i . _ - - -. _.. ?......_ 1Mk (owner or operator]. No Ices From Enforcement Agenc as 10. Any notice of violation of mobile theme or mobile home park standards, laws, regulations, or ordinances received by a resident of this mobile home park from any federal, state, or local enforcement agency with jurisdiction must be fully complied with no Inter than the time limit given within the notice. Pa, t Utility and Convenience Centdrs X. Thfs mobile home park provides various laundry, vehicle washing, and trash disposal or collection centers. The equipment avaLable at these centers Is for the exclusive use of mobile home park residents and their guests. These areas are to be used according to instructions posted at the equipment and on the premises. An individual facility for the use of one resident must be kept neat and clean by the resident who uses it. If other persons are waiting to use any particular equipment, the person who has already used it for at least [e.g., thirty] minutes should relinquish it to the next person wafting. All facilities must be- used in a safe manner. No smoking or food or drink Is permitted in facilities except at specially designated sections. Children under six must be accompanied by an adult while at a facility. Recreational Facilities y,?r AllNt 1 national facilities in this mobile home park are for the exclusive use of residents and +their r guests. Guests must be accompanied by a resident and children under six must be accompanied by an adult when using a recreational facility. Recreation areas are to be kept clean and neat by those using them. Recreational facilities and equipment are used at the risk of the Individual using them. Facilities and equipment must be used safely and with concern for the safety of others. All equipment is to be employed in accordance with instructions posted for its use. No smoking and no alcoholic beverages, food, or other drinks are permitted in or around any facilities except at areas designated by signs posted by the park [owner or operator]. Wet bathing suits or other wat swimming apparel are not to be worn in facilities other than at the swimming pool and shower or steam facilities. If other persons are waiting to use equipment or a facility already in use, those using it should relinquish or vacate it after having used it for a total of (e.g., thirty] minutes. Facilities will open at [time] and close at (time; unless otherwise posted. Moving Vehicles and Parking Pennsylvania Transaction Guide-L.-Sal Forms Copydght 1997 MAMM Bandar a Co.. Inc. 13. The speed limit for all vehicles mcring through the streets in this nubile home park is [e.g., fifteen] mi?es per hour. No parking is allowed on streets, vacant patios, or other areas not designated as parking areas. Only the resident's mobile home and two passenger automobiles may be parked on the space at any one time. All other automobiles, motor homes, trailers, boats, and other vehices must be parked in the parki ig areas or assembly centers provided for the appropriate kind of ve hicle. The park [owner or operator] will Issue passes for permanent parking of all vehicles that are required t) be parked in special areas. Residents may be assigned up to two parking spaces besides their carport parking areas free of charge. Resident Meetings /..Meetings of residents and occupants of mobile homes in this moldle home park relating to moile home living and affairs may be held in any of the community or recreation halls or facilities of this mobile home park. Meetings m ist be held at reasonable hours when the hall or facility Is not otherwise in use. All resident meetings should be booked througn either the park [owner's or operator's] office or the secretary of the residents' association in order to assure that no other meeting 's scheduled for the same time and place. Residents' Association Residents of this mobile home park may Join the residents' association and membership is exclusively limited to them. The association is responsible for setting the social, educational, and recreational programs for this mobile nome park community. It also is responsible for negotiating with the park [owner oroperator] in respect to rents, facilities, services, and charges. Dues and procedures for operating are to be adopted by the association, and it will operate according to bylaws established and amended by its members. Cooperation With Park [Owner or Operator] in Cleanup and Safety 16. All residents and their guests have a responsibility to report to the park S_bW [owner or operator] any unsightly or unsafe condition that they observe in this mobile home park. Each should also keep the premises c! this mobile home park free from any such conditions due to their o use of the premises and f acilities. Residents are to cooperate with the park -[owner or opera'. x] in any formal fire protection. or education program reasonably prescribed to maintain the We condition of this mobile hoe park and the physical well-being of all its occupants. Annoying Conduct 17. No residents or their guests may engage in any conduct within any mobile home, at any space, or anywhere in this mobile home park that may reasonably be determined to constitute a substantial annoyance to other residents. On formal notice from the park SJILJ owner or operator] to desist from any annoying activities, a resident must immediately comply. A Pennsylvania Transaction Guide--Legal Forms 9 Copyright 1 gar Metthew Bender a co., fine. Issue. This meeting will be h at a rr asonebie time a ace. The Dark [owner or operator] a ell resic ants et le oper notloe of the m g. The meeting mt st eld within - [e'g" 0 once the forma ce of annoying condyet. fterthe meeting, the p?r1? g•. five] days of will make a new dete from r atiun of whether tplle that lye resident refrain further r or from the conduct. Compliance With Park Rules 18. All residents and their guests shelf fully comply with all park rules and amendments to these rules. Residents must keep themselvir z currently informed of the rule; and amended rules in effect and have the responsibility of ke -ping their guests Informed of appropriate rules on any occassion. ?/1 ?i Mobile Home Transfers Thloo k [owner or operator] offers a Iistinl service to any resident of is mobile home park who plans to s:,II or transfer his or her mobile home, whether or not the resident intends to remain In this mobile home park in a different mobile home. Information and charges for this listing service are ave tlable from the park (owner or operator]. The park [owner oroperator] will not act as a real estate broker or salesperson and will not take part in any negotiations in arranging for the transfer of a resident's mobile home. No resident is obligated to use the listing service available through the park [owner or operator]. Advertisements of Mobile Home Sales 20. Residents are permitted to advertise availability of their mobile homes for sale, exchange, rental, or leasing. Advertising within this mobile home park is restricted to the placing of a sign no larger than [e.g., twelve inches Ion b twelve inches wide] In the window of th a mobfIa home. This sign may advertise a eveI a I Ity of the mo i n o a or sa e, exchange, rental, or leasing, and give the owner's or agent's name, address, and telephone number. The only other form of advertising permitted in the mobile home, on the spacy; ..or anywhere in this mobile home park is restricted to the listing service offered b the ark [owner or operator]. Amendments to Park Rules 21. These park rules may be amended by the park ;5sw owner or operator] at anytime, if the amendment is not arbitrary, capricious, or unreasgnable. Amendments to the park rules may be presented for consideration to the park _S bljj rownpr or operator] by individual rest ents, groups of residents, or the residents' association. The park owner or operator] may meet and consult with residents at their written request, either Individually or collectively, to consider any proposed amendments to the park rules. Prior written notice of colle tings may be giv?e .teafI residents by thepaNe Wner nr rotor . tients to the par jll become effective onl WIdentsof this mobile ho ark have received written tice of the amendment from Pennsylvania Transaction Guide--Legal Forms 10 Cofryrlght 1997 Matthew Bender 8 Co., Inc. the park S DW ow er oroperator). The effective date of an amendment shall be at least 1715T IT tom] days from the date written notice is received by the residents of this mobile home park. Right of Entry by Park [Owner or Operator] i 22. The park S bW (owl or operator] or park S bU) ?ow.n.er's or operator's] agent may enter the space on which the resident's mobile home is located oT: tnsped 'maintain utilities, to protect the mobile home park and its residen's, and to maintain the space In accordance with the park rules when the resident fails to do so. Er try also may be made Into a resident's mobile home to inspect and maintain utilities, to inspect an I make repairs, decorations, alterations, or improvemerlis to the m )bile home that are ordinary, n ecessary, or agreed to by the resident and park S 1]l t) _ (owner or operator], to supply services that are necessary or agreed to by the resident and park, ` [owner or operator], or to deliver parcels that are too large for the mail 'acilities. Unless authorized by the resident, no entry may be made for any other reasons. No entry may occur without .2 _Zz_4 /1 es (e.g., twentyfour] hour notice to the resident except in the case of an emergency or when delivery of poor` not a is mpracbca e. Any entry bythe park [owner oroperator] or parker n[J (owner's or operator's] agent must be made at a reasonable time and in a reasonable manner. Entry or er!mand for entry will not be made con nuously and repeatedly by the park .3 bIJ 'p [owner or operator] or park 5-b &u [owner's or operator's] agent for the purpose of harassing the resident. PROMULGATED AND REVISED AS OF , 19 [name of mobile home park ] S 00 ?? r PR/SOS ?i (signature ofaarkowner oroperato: ] ,mob 111 Park (Owner or Operator] § 223.242 Notice to Resident of Rent Increase [1]-Comment-Use of Form When a park owner or operator intends to increase the rent for a mobile home space, this notice must be delivered to the resident [see 68 Pa. Stat. Ann. § 398.6; see also § 223.240 [2]]. Rent may be increased on renewal or reexecution of a lease, but not during the term of the lease (see 68 Pa. Stat. Ann. § 398.61. However, the park owner or operator may revise rent due from a resident when visitors or guests remain overnight for residential purposes so frequently as to Increase the number of persons normally living In the mobile home (68 Pa. Stat. Ann. § 398.101. Section 223.32 (2] examines rents and other charges. A notice of the availability of anew additional service to park residents is shown in Section 223.243[2]. This form illustrates an increase in the basic rent payment only. It maybe modified to serve as a notice of an Increase in a fee or charge for any service not covered by the basir. rent. Section 223.240 [2] contains a rental agreement that provides charges for services not included in the basic rent payment. Pennsylvania Transaction Guide--Legal Forms 11 Copyright 1997 Matthew Bender 8 Co., Inc. THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA IS HEREBY LUTHORI'LED AND EMPOWERED TO APPEAR FOR AND CONFESS JUDGMENT AGAINST TENANT AND IN Ff:VOR OF LANDLORD FOR ALL OR ANY PART OF THE RENT, CHARGES, PAYMENTS, COSTS OR EXPENSES DUE AND PAYABLE TO LANDLORD, WITH INTEREST THEREON AT THE MAXIMUM RATE PERMITTED BY LAW, ALL COSTS OF SUITS AND PROCEEDINGS, TOGETHER WITH ATTORNEY'S COMMISSION OF FIFTEEN PERCENT (15%) THEREOF. UPON THE BREACH OF ANY OF THE CONDITIONS OF THIS LEASE, IT IS AGREED THAT AN AMICABLE ACTION OF EJECTMENT MAY BE ENTERED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, THAT JUDGMENT MAY BE ENTERED THEREUPON IN FAVOR OF LANDLORD WITHOUT LEAVE OF COURT FOR THE PREMISES, AND THAT ONE OR MORE WRITS OF POSSESSION MAY BE ISSUED FOR RECOVERY OF THE PREMISES. TENANT HEREBY WAIVES ALL ERRORS AND DEFECTS, ALL RIGHTS OF STAY AND APPEAL, AND ALL EXEMPTIONS IN CONNECTION WITH SUITS, ACTIONS OR PROCEEDINGS COMMENCED PURSUANT TO THE PARAGRAPH. IN WITNESS WHEREOF, THE PARTIES, EACH INTENDING TO BE LEGALLY BOUND, HAVE EXECUTED THIS LEASE THE DAY AND YEAR FIRST ABOVE WRITTEN. WITNESS: LESSOR: (SDW ENTERPRISES) / J-Ke GC/ WITNESS: LESSEE: (TENANT) LESSEE: (TENANT) ADDITIONAL GUARANTOR(S) SS# SS# (C J)-) lJ ? U STEVEN BRANDENBURG, Plaintiff VS. SHERRY WINTERMYER d/b/a SOW ENTERPRISES, Defendants . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 4308 CIVIL TERM To: STEVEN BRANDENBURG, Plaintiff and Kenneth F. Lewis Esquire, his attorney NOTICE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. BRATIC & PORTKO Stephen K. Portko, Esquire 101 South U.S. Route 1S Dillsburq, PA 17019 (717) 432-9706 Attorney I.D. N34S38 Attorney for Defendants STEVEN BRANDENBURG, Plaintiff Vs. SHERRY WINTERMYER d/b/a, SDW ENTERPRISES, Defendants IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999 - 4308 CIVIL TERM DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant Sherry Wintermyer d/b/a SDW 6nt:erpr.ises, by her attorneys, Bratic & Portko, and files the within Preliminary Objections to Plaintiff's Complaint, as follows: MOTION TO STRIKE (Lack of conformity to Pa.R.C.P. 1019(f)) 1. Pursuant to Pa.R.C.P. 1019(f), averments of time, place and items of speci 2. Plaintiff alleged conduct in complaint. 3. Plaintiff or where defendant al damages shall be specifically stated. fails to allege the time and place of the paragraphs 5 through 11 of Plaintiff's fails to specifically state in paragraph 5 when refused to honor the lease or demanded that the trailer be removed. 9. Plaintiff fails to specifically state in paragraph 6 when plaintiff made defendant aware of the size of the trailer. 5. Plaintiff fails to allege in paragraph 10 the time and place of defendant's refusal to provide sewer service. WHEREFORE, it is respectfully requested that this Honorable Court strike Plaintiffs' complaint for failure to conform to applicable rules and law. MOTION TO STRIKE (Lack of conformity to Pa.R.C.P. 1019(b)) 6. Pa.R.C.P. 1019(b) requires allegations of fraud to be averred with particularity. 7. Paragraph 17 of the Complaint generally avers that i Defendant and her agent, Elmer Slaseman, made fraudulent misrepresentations. 8. Plaintiff has failed to allege the fraudulent statements or misrepresentations made by Defendant and her agent with sufficient particularity. WHEREFORE, it is respectfully requested that this Honorable Court strike Plaintiffs' complaint for failure to conform to applicable rules and law. MOTION FOR MORE SPECIFIC PLEADING (Lack of conformity to Pa.R.C.P. 1019(a)) 9. Pa.R.C.P. 1019(a) provides that the material facts on which a cause of action is based shall be stated in a concise and summary form. 10. Plaintiff alleges in paragraph 8 that the lot did not meet local code requirements due to "substandard electrical hookups" and "lack of proper foundation" for the trailer. 11. Said allegations are vague and general and do not specifically state the code requirements, the type of electrical upgrades or the problem with the trailer foundation. 12. Additionally, Plaintiff's allegations are merely conclusionary statements, and violate Pa. R.C.P. 1019(a). 13. Count I of the Complaint seeks to establish a breach of contract on the part of defendant. 14. The basis of the claim is defendant's alleged refusal to honor the agreement and her demand that Plaintiff remove an oversized trailer. 15. Plaintiff's complaint fails to identify the particular lease provisions or contractual duties Defendant allegedly violated. 16. Plaintiff fails to specify the manner in which Defendant became responsible for Plaintiff's failure to obtain an occupancy permit for his oversized trailer. 17. Plaintiff has failed to allege facts with sufficient particularity to enable Defendant to prepare a defense to Count I of the Complaint. 18. Count II of the Complaint asserts that Defendant's refusal to honor the lease violates Section 398.3 of the Mobile Home Park Rights Act. 19. The Complaint fails to set forth any basis upon which to conclude that Defendant violated Section 398.3 of the Mobile Home Park Rights Act. 20. Count III of the Complaint assets that Defendant's fraudulent misrepresentation and Defendant's lease agreement violate the Unfair Trade Practices and Consumer Protection Law. 21. Plaintiff fails to allege the manner in which the lease fails to meet the "test of readability" or the type of conduct engaged in by Defendant that is proscribed by the Act. 22. The Complaint fails to allege any basis upon which to conclude that Defendant violated the UTPCP. 23. Count IV of the Complaint asserts that Defendant's use of the lease agreement attached to Plaintiff's Complaint violates Pennsylvania's Plain Language Consumer Contract Act. 29. The Complaint fails to allege any basis upon which to conclude that Defendant violated the Plain Language Act. WHEREFORE, it is respectfully requested that this Honorable Court require Plaintiff to file a more specific pleading. Respectfully submitted, r - ? Stephen K. Portko, Esquire Attorney I.D. #34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Defendants STEVEN BRANDENBURG, Plaintiff Vs. SHERRY WINTERMYER d/b/a, SDW ENTERPRISES, Defendants IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999 - 4308 CIVIL TERM OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Preliminary Objections was provided by U.S. Mail, postage prepaid, first class, to the following: Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 Date: wFns?*St 1, BY: Stephen K. Portko ?. i N O a F F"a a NFz a ? N O E. rn N N N z z e p 0? VFW a H ..7 WO= oam m v STEVEN BRANDENBURG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 4308 CIVIL TERM SHERRY WINTERMYER d/b/a, SDW ENTERPRISES, Defendant JURY TRIAL DEMANDED TMPORTA_NT NOTICE TO THE ABOVE-NAMED DEFENDANT: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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, PA 17013 (717) 249-3166 1-800-990-9108 DATED: AUGUST 10, 1999 i 6ffi KE ET F. LEWIS, ESQ. Attorney for Plaintiff I.D. #69383 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 I. I hereby certify that I have served a true and correct copy of the within Important Notice upon attorney for Defendant by mailing same by U.S. Mail, postage prepaid at Harrisburg, Pennsylvania addressed to: Ms. Sherry Wintermyer 185 Yocumtown Road Etters, PA 17319 KEN ETH F. LEWIS, ESQUIRE Attorney for Plaintiff Dated: August 10, 1999 a ?? c1 , . ,_, ?_ . ? ? r- ` SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04308 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRANDENBURG STEVEN VS. WINTERMYER SHERRY ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: WINTERMYER SHERRY D/B/A SDW ENTERPRISES but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania. to serve the within NOTICE AND COMPLAINT On July 27th, 1999 , this office was in receipt of the attached return from YORK County, Pennsylvania. Sheriff's Costs: So answer _ Docketing 18.00 Out of County 9.00 Surcharge 8.00 omaS SF?eZiff- DEP. YORK CO. 35.92 2 IAN T OE/27/H9LEWIS Sworn and subscribed before me this ILA- day of 19 Q li A_n. 1 COUNTY OF YORK OFFICE OF THE SHERIFF S717)719601L 28 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. Steven Brandenburg 4. TYPE OF WRIT OR COMPLAINT- v 3. DEFENDANT/SI Notice & 2 Papers Sherry Wintermyer, d/b/a SDW, Enterprises Complaint & Letter SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. IU SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Sherry Wintermver, d/b/a SDW Enterprises 6. ADDRESS TREET OR RFD WITH BOX NUMBER, APT NO., CITY BORO. TWP., STATE AND ZIP CODE AT 185 Yocumtown Road, Etters, PA 17319 7_ INDICATE SERVICE: CI PERSONAL O PERSON IN CHARGE gi DEPUTIZE C un?81laud. DIST CLASS MAIL OPOSTED 0OTHER NOW 7 / 1 5 / 9 9 19 _ I, SHERIFF OF VORWCOUNTY If reby deputize t e eriff of York COUNTY to execute I ak r rn t cording to law. This deputation being made at the request and risk of the plaintiff. Cumberland * Please also serve Letter enclosed * Thank You cCoo o c ADVANCE FEE PD BY ATTY. lT ?° rr1 n1 NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or allaching any property undo;tuhvin n m-4 IM same without a watchman, in custody of whomever is found in possession, after notifying person of levy or allachment, without liability an the pan of such or 7eOper?io any plaintiff herein for any loss, destruction, or removal of any propemy, before sheriffs sale thereof. n Z M Kenneth F. Lewis, Esq. 1101 N. Front St., Harrisburg, PA 17102 1 717-234-313 17/..499 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice 19 to be mailed). Cumberland County SHeriff SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Received 175. EspiratioNfflmO§77CffiL or complaint as indicated above. B. Feeser 7/16/99 8/14/99 1S.HOW SERVED: PERSONAL RESIDENCE& POSTED( ) POE ( ) SHERIFF'S OFF ( I OTHER ( ) SEE REMARKS 17. D 1 hereby cenilV and return a NOT FOUND because I em ``unable to locale the individual. mmoany. comoration. etc. named above. ISee remarks below.) ABOVE (Relationship to 3;L 3. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32. Total Cost 4 100.00 24.00 9.92 33.92 2.00 35.92 $64.08 34. Foreign County Costa 35. Advance Costs 36. Service Costs 37. Notary Cod. 38. Mileage/Postage/N.F. 39. Total Costs 40. Cost Due or Refund SO ANSWER 41. AFFIR hoed to before me this 22nd 44. Signature of i 47 1 2C 4 ARIAL SEAL j 9 45. Signature of York 48. Date 42. day of ME, I!j 3kgj:rQ 19 Sh iff C ? Y 0fk ounty er '?- SHERIFF 4': WILLIAM M. HOSE 7/22/99 43 , 46. Ignaiuren oreign 49. Date MV OMMI SIGN EXPIRES Ci Sheriff sn uDKNDWI FDOF RECEIPT OF HE SNE FF'8 RETURN 91 0NATURE 51. Date Rac hved s 33. Cost Due o eluntl OF AUTHORIZED ISSUING At ITHORITY AND TITLE 1. WHITE - Iseudg Author y 2. PINK -Adomey 3. CANARY- Sheriffs Office 4. BLUE - Sheriff's Office PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) STEVEN BRANDENBURG VS. SHERRY WINTERMYER d/b/a SDW ENTERPRISES (Plaintiff) (Defendant) No. 4308 Civil term 19 99 1. State matter to be argued (i. e., plaintiff's motion for new trial, defendant's demurer to complaint, etc.) : Defendant's Preliminary Objections to Plaintiff's Complaint 2. Identify counsel who will argue case: (a) for Plaintiff: Kenneth F. Lewis Address: 1101 N. Front Street Harrisburg, PA 17102 (b) for defendant: Stephen K. Portko Address: 101 South U.S. Route 15 Dillsburg, PA 17019 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Dated: October 13, 1999 . 1? "G93w Attorney for plaintiff uJr LLt.._ (\ .? is STEVEN BRANDENBURG, PLAINTIFF V. SHERRY WINTERMYER d/b/a SDW ENTERPRISES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4308 CIVIL TERM BEFORE BAYLEY. J. AND OLER J ORDER OF COURT AND NOW, this ?_day of October, 1999, the preliminary objections of defendant to plaintiffs complaint, ARE DISMISSED. Kenneth F. Lewis, Esquire For Plaintiff Stephen K. Portko, Esquire For Defendant :saa ? l l,rJ. r STEVEN BRANDENBURG, Plaintiff VS. SHERRY WINTERMYER d/b/a SOW ENTERPRISES, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 1999 - 4308 : CIVIL TERM TO: Steven Brandenburg, Plaintiffs And Keith F. Lewis, Esquire, Plaintiff's attorney NOTICE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED DEFENDANT'S ANSWER WITH NEW MATTER & COUNTERCLAIM TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. BRATIC & PORTKO Stephe K. Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney I.D. #34538 Attorney for Defendants STEVEN BRANDENBURG, Plaintiff VS. SHERRY WINTERMYER d/b/a SDW ENTERPRISES, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 1999 - 4308 : CIVIL TERM DEFENDANT ' AN WER WITH NEW MATTER AND COUNTERCLAIM 1: 3. Admitted. 4. Admitted. COUNTI 5. Admitted in part and denied in part. Admitted that Defendant demanded Plaintiff to remove his trailer because it was too large for the lot in question. Denied that Defendant breached the subject agreement. On the contrary, Plaintiff was in breach of the agreement by refusing to comply with it and failing to disclose the size of his trailer. 6. Denied. On the contrary, Plaintiff failed to disclose the size of his trailer and Plaintiff was asked to remove the trailer for having submitted a false permit application. 7. Denied. On the contrary, Defendant did not discover the size of the trailer until after Plaintiff moved his trailer onto the lot. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in Paragraph 8 of Plaintiff's Complaint and therefore denies the allegations thereof. Strict proof will be demanded at time of trial if the same be material. By way of further answer, it is denied that the lot did not meet local code requirements. On the contrary, it was Plaintiff's duty to install his trailer to meet local code requirements. 9. Denied. On the contrary, Plaintiff never informed Defendant that there was a problem with the electrical service or foundation nor did Plaintiff request the same to be upgraded or fixed. 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in Paragraph 10 of Plaintiff's Complaint and therefore denies the allegations thereof. Strict proof will be demanded at time of trial if the same be material. By way of further answer, it is denied that Defendant refused to provide sewer service. 11. Denied. On the contrary, Plaintiff's misrepresentations to the Township regarding the trailer resulted in a revocation of his trailer permit. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in Paragraph 12 of Plaintiffs Complaint and therefore denies the allegations thereof. Strict proof will be demanded at time of trial if the same be material. WHEREFORE, Defendant demands judgment in her favor and against Plaintiff. COUNT II 13. Defendant's answers to Paragraphs 1 through 12 above are incorporated herein by reference. 14. Denied. The allegations of Paragraph 14 of Plaintiffs Complaint are legal conclusions to which no answer is required. To the extent an answer may be appropriate, these allegations are denied, and Defendant avers, on the contrary, that Plaintiff's conduct resulted in the Township's revocation of the occupancy permit. WHEREFORE, Defendant demands judgment in her favor and against Plaintiff. COUNT III 15. Defendant's answers to Paragraphs 1 through 14 above are incorporated herein by reference. 16. Denied. The allegations of Paragraph 14 of Plaintiff's Complaint are legal conclusions to which no answer is required. To the extent an answer may be appropriate, these allegations are denied, and Defendant avers, on the contrary, that Plaintiff's conduct resulted in the Township's revocation of the occupancy permit. 17. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in Paragraph 17 of Plaintiffs Complaint and therefore denies the allegations thereof. Strict proof will be demanded at time of trial if the same be material. By way of further answer, it is denied that Defendant and her agent made any fraudulent misrepresentations to the Lower Allen Township. 18. Denied. The allegations of Paragraph 18 of Plaintiffs Complaint are legal conclusions to which no answer is required. To the extent an answer may be appropriate, these allegations are denied, and Defendant avers, on the contrary, that the document speaks for itself. WHEREFORE, Defendant demands judgment in her favor and against Plaintiff. COUNT IV 19. Defendant's answers to Paragraphs I through 18 above are incorporated herein by reference. 20. Denied. The allegations of Paragraph 20 of Plaintiff's Complaint are legal conclusions to which no answer is required. To the extent an answer may be appropriate, these allegations are denied, and Defendant avers, on the contrary, that the document speaks for itself. WHEREFORE, Defendant demands judgment in her favor and against Plaintiff. NEW MATTER 21. Defendant incorporates answers to paragraphs 1 through 20 as if set forth at length herein. 22. Plaintiff had a reasonable opportunity to inspect the lot before he signed the rental agreement and before he placed his trailer upon the lot. 23. Plaintiff did not disclose any information about the size of his trailer to Defendant, and, further, misrepresented its size on his permit application to Lower Allen Township. 24. Before Defendant executed the rental agreement, Plaintiff represented to Defendant that he needed to find a lot and obtain a signed rental agreement before he would even be approved for a loan to purchase a trailer. 25. Plaintiff purposely misled Defendant and Lower Allen Township about the size of his trailer and about his intent to place a nonconforming trailer upon the lot 11. 26. Plaintiff omitted to disclose to Defendant certain material facts necessary in order to make Plaintiff's statements, representations and undertakings, in light of the circumstances under which such statements, representations and undertakings were made, not misleading, which omissions included Plaintiff's failure to disclose the actual size of his trailer to Defendant and to Lower Allen Township. 27. The aforesaid conduct was misleading and fraudulent and Plaintiff engaged in such conduct knowing it to be false. Defendant did not know these representations to be false. 28. By these false and fraudulent misrepresentations Plaintiff induced Defendant to enter into the said contract and Defendant justifiably relied upon Plaintiff's misrepresentations in so doing. 29. As a proximate result of Plaintiff's false and fraudulent misrepresentations and Defendant's justifiable reliance upon same, Defendant has suffered damage in the amount of $ 2,045.00, which amount serves to offset or diminish Plaintiff's claim for recovery. 30. Because Plaintiff so engaged in fraudulent misrepresentations with regard to this contract, Plaintiff is precluded from unjustly enriching himself by here seeking damages under (he contract, and Plaintiffs action is barred. 31. Plaintiff purposely refused to comply with the Lower Allen Township code requirements. 32. Plaintiff purposely refused to comply with the specific terms of the rental agreement. 33. Any damage to Plaintiff was the result of Plaintiff's failure to disclose necessary information which was required to be given to both Defendant and Lower Allen Township. 34. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 35. Plaintiffs failure to disclose the size of his trailer or to comply with local code requirements as required under the terms of the contract was a material breach of the contract which bars Plaintiffs claims. 36. Plaintiffs failure to disclose the size of his trailer or to comply with local code requirements as required under the terms of the contract constitutes non-performance of the contract which bars Plaintiff's claims. 37. Plaintiff's failure to disclose the size of this trailer or to comply with local code requirements as required under the terms of the contract entered into between plaintiff and defendant bars Plaintiff's action by the defense of failure of consideration. 38. Plaintiff's failure to disclose the size of his trailer or comply with local code requirements as required under the contract entered into between Plaintiff and Defendant was a surrender of Plaintiff's rights under the contract and Plaintiff's claim is barred by the defense of waiver. 39. Plaintiff's permit to place his trailer upon the lot in question was obtained through and as a result of false statements and misrepresentations which permit the Cower Allen Township later revoked due to Plaintiff's false statements and failure to observe the applicable law, statute or ordinance. 40. Because the occupancy permit on which Plaintiff's complaint is based was obtained illegally, Plaintiff's claim is barred by the doctrine of illegality. WHEREFORE, Defendant respectfully requests that this Court enter judgment in her favor and against Plaintiff for all consequential and incidental damages, including reasonable attorneys fees and costs and such other and further relief as this Court deems just and proper. COUNTER tA[M BREACH OF CONTRACT 41. Defendant incorporates answers to paragraphs 1 through 40 as if set forth at length herein. 42. Plaintiff breached its contract with Defendant by failing to disclose the size of the trailer and by failing to comply with local code requirements for the installation of the trailer. 43. Plaintiff breached its contract with Defendant by concealing his intent to place a nonconforming trailer upon the leased lot in violation of his permit application. 44. As a result of Plaintiff's conduct, Lower Allen Township revoked his permit and Plaintiff was required to remove his trailer from said lot. 45. Plaintiff sigred the rental agreement on August 6, 1998 and his nonconforming trailer remained on the lot until April 29, 1999. 46. Defendant received no rent from Plaintiff during the aforesaid time period and Defendant has suffered damages in the amount of $2,045 due to loss of rent. WHEREFORE, Defendant respectfully requests that this Court enter judgment in her favor and against Plaintiff in the amount of $2,045.00, plus interest and costs of suit. ABUSE OF PROCESS 47. Defendant incorporates answers to paragraphs 1 through 46 as if set forth at length herein. 48. Plaintiff employs the within action for an improper purpose and not the purpose which it is intended by the law to effect, as follows: A. Contrary to the allegations contained in Plaintiff's Complaint, Plaintiff failed to disclose to Defendant or to Lower Allen Township on his permit application the actual size of the trailer which encroached upon the public right of way after it was installed. B. After Plaintiff installed his trailer Defendant offered to make a lot available which would accommodate the size of Plaintiff's trailer but Plaintiff unreasonably refused to accept the offer. C. Plaintiff did not give timely or adequate notice regarding any of the claims addressed in his complaint. D. Plaintiff's improper use of process is for the unlawful object of attempting to coerce Defendant to pay for expenses Plaintiff incurred as a result of his own conduct in placing the nonconforming trailer on Lot 11. 49. Plaintiff have deliberately engaged in a course of conduct to fabricate his claim against Defendant and to fraudulently seek damages for a loss that occurred solely due to Plaintiff's own conduct. 50. From such action can be inferred an intent to use legal process for the sole purpose of harassing Defendant and disparaging her business. 51. As a result of Plaintiff's conduct, Defendant will waste valuable time and resources in the defense of this matter while Plaintiff has had the use of Defendant's property without payment of rent from August '98 through April '99. 52. Plaintiff uses the legal process as a tactical weapon to coerce a desired result that is not the legitimate object of the process and, thus, constitutes an improper use and abuse of process. WHEREFORE, Defendant respectfully demand that judgment be entered in her favor and against Plaintiff for punitive damages, in an amount to be set by the Court, together with reasonable attorney's fees and costs of suit. Dated: 1i sq Respectfully submitted, Slephen K. Portko, Esquire I.D. # 34538 Bratic & Portko 101 South U.S. Route 15 Dillsburg, Pennsylvania 17019 (717) 432-9706 Attorney for Defendants I- I VERIFICATION I, Sherry D. Wintermyer hereby acknowledge that I the the defendant in the foregoing Answer With New Matter & Copnterclaim that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 16 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. C.Y i 9 erry D, intermyer Date: November 3. 1999 STEVEN BRANDENBURG, Plaintiff Vs. SHERRY WINTERMYER d/b/a SDW ENTERPRISES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4308 CIVIL TERM CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM was provided by U.S. Mail, postage prepaid, first class, to the following: Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 Date: I I /C»/ C7C BY: e- Stephen K. Portko C, I l Ci x` o mob.. F E. •- a y O> > b b U ^ ? [s70.'? m N w F W N N p ? as 2 U ? Fa " " + U m • . . a .7 Fq UaC? ?? oom P/1 0 F?1 0 STEVEN BRANDENBURG, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 4308 CIVIL TERM SHERRY WINTERMYER d/b/a, SDW ENTERPRISES, Defendant JURY TRIAL DEMANDED IMPORTANT NOTICE TO THE ABOVE-NAMED DEFENDANT: c/o Stephen K. Portko, Esq. 101 South U.S. Route 15 Dillsburg, PA 17019 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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, PA 17013 (717) 249-3166 1-800-990-9108 DATED: November 4, 1999 GI1 ?44? KENNETH F. LEWIS, ESQ. Attorney for Plaintiff I.D. #69383 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 i I hereby certify that I have served a true and correct copy of the within Important Notice upon Defendant and attorney for Defendant by mailing same by U.S. Mail, postage prepaid at Harrisburg, Pennsylvania addressed to: Stephen K. Portko, Esq. 101 South U.S. Route 15 Dillsburg, PA 17019 Ms. Sherry Wintermyer 185 Yocumtown Road Etters, PA 17319 4?k KE NET F. LEWIS, ESQUIRE Attorney for Plaintiff Dated: August 10, 1999 c r, L? Gl 14 KENNETH F. LEWIS, ESQUIRE Attorney I.D. 069383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff STEVEN BRANDENBURG, Plaintiff V. SHERRY WINTERMYER d/b/a, SDW ENTERPRISES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 4308 CIVIL TERM JURY TRIAL DEMANDED RESPONSES TO NEW MATTER and COUNTERCLAIM NEW MATTER 21. No response is required. 22. Admitted. 23. Denied. Plaintiff provided Defendant with the dimensions for his trailer when he initially inquired into renting the subject lot. While a mistake was made on the townships application, the accurate dimensions were given within that same document. Moreover, the mistake to which Defendant refers is not material to these proceedings. 24. Admitted. 25. It is denied that Defendant misled or intended to mislead Defendant or the township. 26. Plaintiff denies that he omitted any material facts in his discussions and correspondence with Defendant. Assuming the "certain material facts" referred to in this paragraph are limited to the size of the trailer, the allegation is denied as stated above. 27. Denied. Plaintiff provided Defendant with accurate dimensions for his trailer when he initially inquired into renting the subject lot. 28. Denied. Plaintiff provided Defendant with accurate dimensions for his trailer when he initially inquired into renting the subject lot. 29. Denied. Plaintiff provided Defendant with accurate dimensions for his trailer when he initially inquired into renting the subject lot. Accordingly, it is denied that Defendant suffered any damages. 30. This allegation is a conclusion of law to which no response is required. To the extent a response is appropriate, it is denied that Defendant engaged in any fraudulent activity or that his action is barred. 31. While Defendant has not stated what code requirements to which she refers, Plaintiff denies that he purposefully refused to comply with any code requirements. 32. While Defendant has not stated what terms of the rental agreement to which she refers, Plaintiff denies that he purposefully refused to comply with the agreement. 33. Denied. Plaintiff's damages are the result of Defendant improperly refusing to honor the rental agreement, as well as Defendant's violations of the Mobile Home Park Rights Act, Unfair Trade Practices Act and Plain Language Consumer Contract Act, as described in Plaintiff's Complaint. 34. This allegation is a conclusion of law to which no response is required. To the extent a response is appropriate, Plaintiff's Complaint properly states four distinct causes of action upon which recovery may be based. 35. Denied. Plaintiff provided Defendant with accurate dimensions for his trailer when he initially inquired into renting the subject lot. See also response to paragraph 31 above. It is also specifically denied that Plaintiff materially breached the rental agreement. 36. Denied. Plaintiff provided Defendant with accurate dimensions for his trailer when he initially inquired into renting the subject lot. See also response to paragraph 31 above. Accordingly, it is specifically denied that Plaintiff's claim is barred due to non-performance. 37. Denied. Plaintiff provided Defendant with accurate dimensions for his trailer when he initially inquired into renting the subject lot. See also response to paragraph 31 above. Plaintiff paid Defendant the initial monies due and moved his trailer onto the agreed-upon lot. it was Defendant who then breached the agreement as described in Plaintiff's Complaint. 38. This allegation is a conclusion of law to which no response is required. To the extent a response is appropriate, as the allegations upon which the legal conclusion are false (as answered above), it is denied that the conclusion is accurate. 39. It is denied that Plaintiff obtained the permit as the result of false statements and that the township revoked the permit due to false statements. Plaintiff has not been advised of any law, statute or ordinance to which he was in violation and, accordingly, denies this part of Defendant's allegation. Strict proof is demanded as to what specific violation Defendant is alleging. 40. This allegation is a conclusion of law to which no response is required. To the extent a response is appropriate, it is denied that the permit was obtained illegally. COUNTERCLAIM 41. No response is required. 42. Denied. Plaintiff provided Defendant with accurate dimensions for his trailer when he initially inquired into renting the subject lot. While Defendant has not stated what code requirements to which she refers, Plaintiff denies that he failed to comply with any code requirements for which he was responsible. 43. Denied. Plaintiff provided Defendant with accurate dimensions for his trailer when he initially inquired into renting the subject lot. 44. Denied. Plaintiff provided Defendant with accurate dimensions for his trailer when he initially inquired into renting the subject lot. It was Defendant who failed to comply with local code regulations and who asked the township to revoke Plaintiff's permit. 45. It is denied that Plaintiff's trailer was nonconforming. The rest of this paragraph is admitted. 46. It is denied that Plaintiff owed Defendant any rent. Moreover, if rent was owed, the calculation in this paragraph is inaccurate, nor does it give credit for the $250.00 security deposit paid by Plaintiff. WHEREFORE, Plaintiff requests judgment as described in his Complaint without any offset to Defendant. 47. No response is required. 48. This general allegation is a conclusion of law to which no response is required. To the extent a response is appropriate, it is denied that Plaintiff in any way has abused the legal process: A. Denied. Plaintiff provided Defendant with the dimensions for his trailer when he initially inquired into renting the subject lot. While a mistake was made on the township's application, the accurate dimensions were given within that same document. Moreover, the mistake to which Defendant refers is not material to these proceedings. B. Denied. Defendant said he might have a lot, but never actually offered one. Moreover, the move would have cost Plaintiff approximately $2,500.00. C. Denied. The parties were in lengthy negotiations prior to the filing of the Complaint. D. This allegation is a conclusion of law to which no response is required. To the extent a response is appropriate, as the allegations upon which the legal conclusion is based are false (as answered above), it is denied that the conclusion is accurate. 49. It is specifically denied that Plaintiff has fabricated any claim. Strict proof of this defamatory statement is demanded. 50. Denied. Plaintiff's legitimate claims are brought to recover his damages. 51. Denied. Defendant's resources are being expended due to her refusal to honor the subject agreement. 52. Denied. Plaintiff's legitimate claims are brought to recover his damages. WHEREFORE, Plaintiff requests judgment as described in his Complaint and that this Count be dismissed. DATE: 11/19/99 K NN H F. LEWIS, ESQ. Counsel for Plaintiff KENNETH F. LEWIS, ESQUIRE Attorney I.D. # 69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff STEVEN BRANDENBURG, Plaintiff V. SHERRY WINTERMYER, d/b/a SDW ENTERPRISES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, No. 1999 - 4308 CIVIL TERM VERIFICATION I, the undersigned, verify that the statements made and facts averred in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that intentionally false statements made therein are subject to the penalties contained in 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Il?zzlq? Steven Brandenburg, P1 ntiff I hereby certify that I have served a true and correct copy of the within document upon attorney for Defendant by mailing same by U.S. Mail, postage prepaid at Harrisburg, Pennsylvania addressed to: Stephen K. Portko, Esq. 101 South U.S. Route 15 Dillsburg, PA 17019 ,?ij Lav/1 KENNET F. LEWIS, ESQUIRE Dated: November 23, 1999 U7 WS (D J4 N n kLI I" CJ v2 ? c U STEVEN BRANDENBURG, Plaintiff V. SHERRY WINTERMYER, d/b/a SDW ENTERPRISES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, No. 1999 - 4308 CIVIL TERM PRAECIPE FOR APPEARANCE To: Curt Long, Prothonotary, Court of Common Pleas of Cumberland County I hereby enter my appearance for the PLAINTIFF, Steven Brandenburg, in the above-captioned case. Communications may continue to be sent to the following address: Law Offices of Kenneth F. Lewis, 1101 North Front Street, Harrisburg, Pennsylvania, zip code 17102. Larry T. Brandenburg, Esquire Attorney I.D. 70228 Date: '2? ?-j I 0 0 •:-, ?? L- _ Law Offices of Kenneth F. Lewis, Esquire Attorney I.D. # 69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff STEVEN BRANDENBURG, Plaintiff V. SHERRY WINTERMYER, d/b/a SOW ENTERPRISES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 1999 - 4308 CIVIL TERM PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Steven Brandenburg, Plaintiff, certifies that: 1) a notice of intent to serve the subpoena with a copy of the subpoena was mailed or delivered to each party at least 20 days prior to the date on which this subpoena is sought to be served; 2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3) no objection to the subpoena has been received and; 4) the subpoena that will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: Larry T. Brandenburg, Esquire Attorney for Plaintiff wG ca ?? ` C'i E=' 3J 8 (Ul. v p U Law Offices of Kenneth F. Lewis, Esquire Attorney I.D. N 69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorneys for Plaintiff STEVEN BRANDENBURG, Plaintiff V. SHERRY WINTERMYER, d/b/a SDW ENTERPRISES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 1999 - 4308 CIVIL TERM PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Steven Brandenburg, Plaintiff, certifies that: 1) a notice of intent to serve the subpoena with a copy of the subpoena was mailed or delivered to each party at least 20 days prior to the date on which this subpoena is sought to be served; 2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3) no objection to the subpoena has been received and; 4) the subpoena that will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ^Z? Date: Larry T. andenburg, Esquire Attorney for Plaintiff ?- «? ? ,:: ?, -- )?jC-'? CV -?? ' ? _-r f ?'. f1_ -? J ?`' '(Jj CV _; `'! r' ?? u I.' r_? O C7 ..? U