HomeMy WebLinkAbout99-04621
0
i
a
N
a
o?
4
CWQMONW WITH OF PENNSYLVANIA
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na I/
-- _ i....
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date aid in the case mentioned below.
d:iF^SFLTB.Y 2%SSOC7AT7S
Str t Cstlislc l jpl-
MM OF MOMENT NTK CASE OF !Karma) '• n(,yg,yyp) C
JULY 2, 1995 Lencad Csrlso"n, Lis? _iud am Fraaci
Faro.:r ra?,?.,.,
CV 19 °4-219
LT 19
IrAs flock will be signed ONLY when this notation is required under Pa. R.CPJP. No
10081L
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see ft. R.C.P.JP. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon
(Common Pleas No
appellee(s), to file a complaint in this upped
) within twenty (20) days after service of rule or suffer entry of judgment of ran pros.
RULES To , appellee(s).
Nang of appaeefsl
slgnatae of apoo" a he arnmey a agora
(1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date: , 19..
Sigrrelue d RWamfry a 6F Vs
Nave of
1OP 312-M COURT FILE TO BE FILED WITH PROTHONOTARY
4'??
v;. ry
-(L .-- Rio saiduo U01Mwwoo Ayy
/um4/o to op/1
np? rL w.e nn en9N moyM aoluo rvrnq/o /o anquu&g
lualnelo efnyeu6g
- 6l • -- j0 AVO
SIHl
3W 380j39 0391HOSgns (INV (03WHIj:1V) NHOMS
(Polelsl6Ba oiaaaq payoelle ldwai sAapuas '1)ew
) (Paipuaa) Aq 0 aainJas leuos/ad Aq U-6l - -
wo m 0 s -' uo passaappe sum a)n ayl
4 1()aapadde ayl uodn leaddy{o aopoN 2nogeayl 6ui.Suedw033e luie)dwo0 eapj of a)nb ay{panJaslley{J2yUn; pue
'olway peyaelle ldlaoa/ s aapuas 'qew (Paaalsie0J) (pagglao) Aq ? aowas ieuosiod l
uo' q?-6t'
s,lapuas' ew (paaa s162) - (amau)'apadde aql uodn pue 'ola/ay Pagaelle ldiao9i
Il 1 ) (paUllioa) Aq ? 851AAS ?auos'ad Aq n
uo ulelogj poleu6lsop aogsnp qulsi0 aul uodn ' - (epm1 A
ON sea)d uowwop geaddy Io aonoN ayl 1 {o Ad00 u
oo e ?
Pan.laS I legl WAV JO Jea.ms Agajay{ :.LIAV01ddV
88: -
d0 A1Nnoo
VINVAIASNN3d JO HIMMNOM00
(sexoq o/geogdde 43040 Ieadde Jo ay)ou eq) egryp &31dV SAVO (011 Nd1 NINI IM 03714 381SnkV 001nyas to looid 6141)
1NIVIdW00 Slid Ol 3lna ONV IV3ddV d0 30110N d0 301A83S d0 J00Ud
4
Q
.11 - ,
COMMUTA'VLALIIlOF I'LIJt ,',I .'411A
CUUNI Y UF: CUMBERLAND
?- --- 09 9-3.04
UI NIW'.
THOMAS A. PLACEY
104 S. SPORTING HILL RD.
MECHANICSBURG, PA
)ab,u,miu (717) 761-8230 17055
KINGSBURY ASSOCIATES
258 W. BALTIMORE ST
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
L J
VS.
ULI LNUAIII NAME and ADDRESS
ICARLSON, LEONARD, ET AL.
5169 E. TRINDLE RD.
LOT 11
LMECHANICSBURG, PA 17055 J
Docket No.: LT-0000219-99
Dale F &A: 6101199
Judgment: _..FQR AUEENV.AN7-_--
® Judgment was entered lot: (Name) _CARLSON`FRANCIS
Judgment was entered against KINGSBURY ASSOCIATES
® Landlord/Tenant action in the amount of $ _._ .00 on 7/02
The amount of rent per month, as established L-y the District Justice, is $
The total amount Lit the Security Deposit is $_-- .00.
in a
99 (Date of Judgment)
.00.
Total Anruunl Established by DJ Less Security Deposit Applied
- $ 00 =
Rent in Arrears $ .00
Physical Damages Leasehuld Property 00 =
,g„) Damages/Unjust Delention .00 - $_ 00
--- -- Le!,-, Amt Due Defendant Irum Cross Complaint -
0 Attachment Prohibited/ Interest (If provided by lease)
Victim or Abuse (Act 5, 1996) LT Judgment Amount
This case dismissed without prejudice. Judgment Costs
Attorney Fees
F-1.. Possession granted. Total Judgment
7 Possessiun granted if money 11091" nit is not sullsl ed by time of eviction.
Adjudicated Amount
$ .00
$ .00
$ _DO
$ .00
$ -00
$ _00
$ _00
$ .00
$ .00
Q Possession not granted. F-] Defendants are jointly and severally liable.
Levy is stayed for days of Lr -1 generally stayed.
Objection to Levy has been filed and hearing will be held:
J- - ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION
OF REAL PROPERTY WITHIN 10 DAYS AFT EH THE DATE (it ENT RY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE
PROTHONO I ARY, CLERK OF COURTS OF THE COURT OF Ci)MMUN PLEAS, CIVIL DIVISION. IN ORDER TO OBTAIN A SUPERSEDEAS, YOU
MUST DEPOSIT WITH THE PROTHONOTARY THL LESSER Ur 3 MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE
APPEAL IS FILED.
IF YOU WISH TO APPEAL THE MONEY PORTION ONLY OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, YOU HAVE 30 DAYS
AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH 10 1'ILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF
THE COURT OF COMMON PLE UrVIStO"'-
YOU MUST INCLUDE A COP OFT S NOI,:E OF JUDGj-ArW f RANSCRIPT FORM WIl H YOUR NOTICE OF APPEAL.
Date
1 I "I Date
NOTICE OF JUDGMENT/TRANSCRIPT
-- RESIDENTIAL LEASE
--? I'I AIJI IrI NAME am! ADDNI
IRINGSUURY ASSOCIATES
258 W. BALTIMORE ST
CARLISLE, PA 17013
pi
. District Justice
e lu gmen.
District Justice
My commission expires first Monday of January, 20M. SEAL
AnVn A,AA-M
Z 489 5811 679
US- Postal service
Receipt for Certified Mail
tao Insurance Coverage Provided,
Do not use b l Mail (See to
Fetrow
?• Trindle Rd., otll
.,III I'm 55
$ ;
... SP-W DIM., Fee
ROSMded D81" Fee
4e)
s $ - c
Date
'OV
COMMONWEALTH OF PENNSYLVANIA
JUDICIAL DISTRICT
I 4,--
r
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Ne,
? 1 ( I J f
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case mentioned below
?BINC-SP,URY i1Si>OCi.l'fF.a ?A1AGCOST NOOWMEOf U.J.
13
i5R Wc`57 )?nJ 1;.,L CC .: r '* 1, t
1-/013
N A Pb IM)
DATE OF JUDGM&O
JULY 2, 1999 im;c.our Nud and Fran
Fc..trow, `UZlsan
CV 191 99- 4t!71
LT 19
This block will be signed ONLY when this notation is required under Pa R.CPJP. NO If appellant was CLAIMANT (See Pa. R.C.P.J.P. No.
10081L
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
signature of Prothonotary or Deputy filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.CP.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon , appellee(s), to file a complaint in this appeal
Name a apoe*e(s)
(Common Pleas Na ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Sipnetu'e of arsoe//ant or he ellarlBy or spent
RULE: To
oppellee(s).
Nma agpaNeYs1
t, (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date: , 19_.
srprae.e of Roalanbtrv or osDUIY
AOPC 312.a COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE'COMPLAINT
l Thls proof of sorvlrc, fdUS 1 eE FiLEO 671 fIIIN R-N t Ill, !-IA Y ; Ai 1 f fi OIII) g tire notlcn o! appeal. Check apptlCabl(160X05)
COMMONWEALTH OF PENNSYLVANIA ' J
COUNTY OFD L? _.__.._ :95
AFFIDAVIT: I hFirebv -,wearoralflrm that I served
vl a copy of the Nohca of Appeal, Ournnton Pica; No. upun the District Justice designated therein on
(date of service) ./14L¢u??", 4-;}< persenal sr rv r, Cl by (certified) (registered) mail, sendef, s
recept Yattached hrn;to rind uparl Ibe IPPI III c. In:u m) L.rSF Ftt4ruw_?(.CenngDl.C'on?3o?LrrlSon t`?.ie i>L anW
f?rAl?4}1 , __ I )4?.._ [] by pt r.,ol l s. rwce I1/bv i erntieJ (rig sh.rnd) Mail, sender's receipt attached hereto.
? and further that l servvdthe Rule to Filea CornpI.aintal-cerrlp,my:ng hteabave Notlceof Appeal upon theappellee(s)towhom
in,! Ruic, was uddiesst,d on 19_. _] by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto
SWORN (AFFIRMEDi AND SUBSCRIBED BEFOPE ME
THIS DAY OF /gi.lJast In 9?f 1 ?W`v l.' `'' _
y/? _ Signature of afflanf
S'i9oalwe o! Oll,c..t! Lc"^u nR ?n d.._.,,y wd': n.e. ?
TWO Of om111, Notarial Seal
Public
k+ya>n,?.,:.,.„.-,ChaftesE.Shieldslll,Nota ,y _
Mechanics urn sdru Cufnberi 0
My Commission Expires June 20, 200
ia Ass9ci,tion of Nut:lies
1 h
r
1 p r
1 m r
>n
5
Ic
u
IDER: I also Wish to recelVe the
,pm lame t and/or 2 for additional urvlcaa. following services (for an
101:Items 3, 4e, and 40. extra fee):
a your name and eddre w on the reverse of One loan w Nat we un slum W a
on to he hoM of the mdlpiea. are on the Sack a epaa dose nor 1. [3 Addressee's Address
f to you.
rch Nla c Restricted Delivery
mil.
ee.
.
N RbtuIn Reoeiptt Wit e?hm to whom he elude wea t delivered and he to Consult postmaster or f
iverad. 4a, Article Number
lydcle Addressed to: v, x,89 580 679
Lisa FetroW 4b, SelVice Type
5169 E. 'frindle Rd. O Registered t] CeNfied
Lot 11 Kingsbury brHp 0 Express Mail 0 Insured
14echanicsburg, PA 17055 0 Return RweiPt for Merohendise D COD
r
a
55. Rec, ived B
6. Signat 6:1
X I
PS Form 381
or Agerr y .
:,(, ).(
December 1994
Joe is paid)
10:595919-0199
Z 489 580 680
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
nr. nm i o Inr Inlarnntinnal Mail (.4pn o,orso)
Sem In Leozard
Bud carison C3 rlsOD
, franci
'JoST'S"' btchworth Road
Posl olhce. Si III &Pio Cn
Camp Hill, h
PA 17011
Pnstaq" PJ >3
Gendmd Fee
Spmei Delocry Fcc
FestrIMM Drive,y Fm
newrn Mcert Spewing to
VA,0111 A Hale Dal,vmed
--'-'-
N to yt
hoo,
ss
T Posts.8
! ees $
Post vk or D
1999 ti
LISPS
n
m
arl
KINGSBURY ASSOCIATES,
Plaintiff
V.
LISA FETROW,
Defendant
: IN THE COURTS OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99 - 4621 CIVIL TERM
IN EJECTMENT
N O T I C E
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney
and filing in writing with 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
BY / iC241?
Andrew C. sheely, E e
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiff
KINGSBURY ASSOCIATES, : IN THE COURTS OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V. 99 - 4621 CIVIL TERM
LISA FETROW, IN EJECTMENT
Defendant
COMPLAINT
Plaintiff, Kingsbury Associates, by and through counsel of
Andrew C. Sheely, Esquire, hereby files this Complaint and
respectfully avers as follows:
1. Plaintiff is Kingsbury Associates, a Pennsylvania general
partnership, with its principal place of business located at 2920
Dickinson Avenue, Camp Hill, Pennsylvania 17011.
2. Defendant, Lisa Fetrow, is an adult individual, residing
at Lot No. 11, Kingsbury Mobile Home Park, 5169 East Trindle Road,
Mechanicsburg, Pennsylvania 17055.
3. Plaintiff, Kingsbury Associates, is the record legal owner
of certain real estate being improved with a mobile home park,
being known as Kingsbury Mobile Home Park, same being situate in
Hampden Township, Cumberland County, Pennsylvania, having been
acquired by Deed dated August 10, 1992 and recorded September 11,
1992 in the Cumberland County Recorder of Deeds office in Deed
Book "W", Volume 35, Page 610, being bounded and described as
follows:
ALL THAT CERTAIN TRACT of ground situate in Hampden Township,
Cumberland County, Pennsylvania, bounded and described in
accordance with a survey dated August 17, 1992, Survey Book
No. 1007, of Hartman and Associates, Inc., as follows:
BEGINNING at a point in the center line of the Trindle Road,
at the line of land now or late of Marlin Bretz, said point
being located 200 feet more or less North East of the center
line of Sheely Lane; thence from said Point of Beginning, by
land now or late of Marlin Bretz, land now or late of William
D. Hornberger, land now or late of Wilson A. Ebert, and land
now or late of Monroe J. McCauslin, Sr. North 44 degrees 54
minutes 00 seconds West a distance of 455.00 feet to a point
on the line of land now or late of the United States of
America (Ships Parts Control Center); thence by the line of
land now or late of United States of America North 63 degrees
55 minutes 00 seconds East a distance of 354.68 feet to a
point; thence by land now or late of William C. Hall South 38
degrees 36 minutes 00 seconds East a distance of 238.90 feet
to a point at or near a fence post; thence by land now or
late of William C. Hall South 44 degrees 06 minutes 00
seconds East a distance of 207.64 feet to a point in the
center line of the Trindle Road; thence by the center line
of the Trindle Road South 63 degrees 55 minutes 00 seconds
west a distance of 323.92 feet to a point, the Place of
BEGINNING.
SAID TRACT contains 143,752.68 square feet or 3.30 acres.
SAID PREMISES having thereon erected a two (2) story frame
dwelling and garage and being known and numbered as 5169
Trindle Road, Mechanicsburg, Pennsylvania, and a thirty-two
(32) pad mobile home park.
4. Plaintiff, Kingsbury Associates, acquired an immediate
right to possession of the premises by virtue of the August 10,
1992 deed as referred to in Paragraph No. 3 hereinabove, said
being recorded in the Cumberland County Recorder of Deeds office
in Deed Book "W", Volume 35, Page 609.
2
5. Defendant, Lisa Fetrow, currently resides in a mobile home
located on Lot No. 11 of the Kingsbury Mobile Home Park, said lot
being situated on Plaintiff's real property as described above.
6. Defendant, Lisa Fetrow, is currently the equitable and/or
legal owner of the mobile home located on Lot No. 11 of the
Kingsbury Mobile Home Park, said lot being situated on Plaintiff's
real property as described above.
COUNT I. EJECTMENT
7. Paragraphs 1 - 6 are hereby incorporated by reference.
8. Defendant Lisa Fetrow moved into the Kingsbury Mobile Home
Park without applying for permission to live in the mobile home
park on or about April 1, 1999.
9. Defendant Lisa Fetrow never signed any written lease
agreement or park rules and regulations before moving to Lot 11 of
the Kingsbury Mobile Home Park.
10. Defendant Lisa Fetrow has exercised and continues to
exercise exclusive possession and control over that portion of
Plaintiff's property described as Lot No. 11 in the Kingsbury
Mobile Home Park without a lease or other legal right.
11. Efforts by Plaintiff, Kingsbury Associates, directing
Defendant, Lisa Fetrow, to remove the mobile home and herself from
Plaintiff's property have been without success.
3
12. Plaintiff is entitled to immediate and exclusive
possession of lands which Defendant currently occupies.
WHEREFORE, Plaintiff, Kingsbury Associates, respectfully
requests that this Honorable Court:
(1) Enter judgment in favor of Plaintiff, Kingsbury
Associates, and against Defendant, Lisa Fetrow, for
possession of Lot No. 11, Kingsbury Mobile Home Park,
said property being described in full by deed dated
August 10, 1992 and recorded in the Cumberland County
Recorder of Deeds office in Deed Book "W", Volume 35,
Page 609;
(2) Enter an Order of Court directing Defendant, Lisa
Fetrow, to immediately remove the mobile home, herself and
all possessions from Plaintiff's property, from Lot No. 11
Kingsbury Mobile Home Park, Hampden Township, Cumberland
County, Pennsylvania, all at Defendant's cost;
(3) Enter an Order of Court directing Defendant to pay
for and assume Plaintiff's court costs, legal costs and fees;
and
(4) Any other relief deemed just and equitable.
COUNT II. UNJUST ENRICHMENT/OUANTUM MERIT
13. Paragraphs 1 - 12 are hereby incorporated by reference.
14. As a result of continually maintaining a mobile home and
4
other possessions on Plaintiff's Lot No. 11 of the Kingsbury
Mobile Home Park, Defendant has deprived Plaintiff, Kingsbury
Associates, of the full use and enjoyment of Plaintiff's property
since April 1, 1999.
15. As a result of maintaining a mobile home on Plaintiff's
premises as set forth herein, Defendant has deprived Plaintiff,
Kingsbury Associates, of the profits derived from the reasonable
use and rental of Plaintiff's property since April 1, 1999.
16. The reasonable rental value of Lot 11 of the Kingsbury
Mobile Home Park is $270.00 per month.
17. Defendant has been unjustly enriched and benefitted in
the amount of $1,350.00 due to her improper occupation of Lot 11
of the Kingsbury Mobile Home Park, all to Plaintiff's detriment.
WHEREFORE, Plaintiff, Kingsbury Associates, requests that
this Honorable Court enter judgment against Defendant and in favor
of Plaintiff, direct that Defendant immediately vacate the trailer
located and Lot No. 11 and award Plaintiff money damages and lost
profits in an amount in excess of eight hundred ($1,350.00)
dollars.
Respectfully sub to
?? ` L?
BY
Andrew C. Sheelyl,, luire
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiff
5
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: August 17, 1999 AL -
Robert E. Goodling, General
Partner and Agent for
Kingsbury Associates
CERTIFICATE OF SERVICE
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:
Lisa Fetrow
Lot 11, Kingsbury Mobile Home Park
5169 E. Trindle Road
Mechanicsburg, PA 17055
Date: August 1999
Andrew C. Sheely, Esqu re
CLj !
F`-= _ L
ti-
O a
rn
ts+
KINGSBURY ASSOCIATES,
Plaintiff
V.
LISA FETROW,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
: CIVIL ACTION - LAW
: 99 - 4621 CIVIL TERM
IN EJECTMENT
ANSWER WITH NEW MATTER
AND NOW, comes Defendant, Lisa Fetrow, by her attorney, Andrew J. Ostrowski, Esquire,
and in response to the Plaintiffs Complaint, avers as follows:
Admitted upon information and belief.
2. Admitted.
3. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations of paragraph 3; the same are therefore denied.
4. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations of paragraph 4; the same are therefore denied. By way of further answer,
paragraph 4 of Plaintiff's Complaint contains conclusions of law to which no response is required;
the same are therefore deemed denied.
5. Admitted in part and denied in part. It is admitted that Defendant currently resides
in a mobile ]ionic located on Lot #I I of the Kingsbury Mobile Home Park. The remaining
allegations are denied for the reasons stated in response to paragraphs 3 and 4 herein.
6. Denied. To the contrary, the mobile home is owned by someone other than
Defendant. Byway of further answer, paragraph 6 of Plaintiffs Complaint contains conclusions of
law to which no response is required; the same are therefore deemed denied.
COUNT ONE
7. Paragraphs 1-6 are incorporated herein by reference in their entirety.
8. Admitted in part and denied in part. It is admitted that Defendant moved into the
mobile home park and that she submitted no application for permission to live in the mobile home
park. It is denied that Defendant moved in on April 1, 1999, and an application for permission to
live in the mobile home park was required. By way of further answer, Plaintiff has recognized
Defendant as a lessee in the mobile home park and Defendant has been a tenant, and has paid rent,
since on or around February 1, 1999.
9. Admitted.
10. Denied. It is specifically denied that Defendant exercises exclusive possession and
control over the referenced portion of Plaintiffs property. The remaining allegations of paragraph
10 of Plaintiff's Complaint constitute conclusions of law to which no response is required; the same
are therefore deemed denied.
11. Admitted. By way of further answer, Defendant is not the owner of the referenced
mobile home, and Plaintiff has recognized Defendant as being a lessee of the premises and has cited
no cause to justify the improper termination of her tenancy.
2
12. The allegations in Paragraph 12 of Plaintiffs Complaint constitute conclusions of law
to which no response is required; the same are therefore deemed denied.
WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiffs
Complaint, with prejudice, and order such further relief as is deemed just.
COUNT TWO
13. Paragraphs 1-13 are incorporated herein by reference in their entirety.
14. Denied. To the contrary, Defendant is using the property for its intended purpose.
15. Denied. By way of further answer, Defendant has used the property for its intended
purpose, and has agreed to compensate Plaintiff accordingly.
16. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations of paragraph 16 of Plaintiffs Complaint and therefore denies the same.
17. Paragraph 17 of Plaintiffs Complaint constitutes a conclusion of law to which no
response is required; the same is therefore deemed denied.
WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiffs
Complaint, with prejudice, and order such further relief as is deemed just.
NEW MATTER
18. Paragraphs 1-17 are incorporated herein by reference in their entirety.
19. The referenced mobile home is owned by someone other than the Defendant and this
Court, therefore, lacks subject matter jurisdiction for failure to join an indispensable party.
20. Defendant and her children currently occupy the premises as a result of the
assumption of the lease from the prior tenant.
3
21. Defendant has previously paid rent to Plaintiff's agent, and Plaintiff has refused
acceptance of further payment.
22. Defendant has complied with all conditions precedent to the valid assumption ofthe
prior tenant's lease, and has made reasonable efforts to bring the mobile home into compliance with
the park rules and regulations.
23. Plaintiff is estopped, by its conduct, from denying Defendant's tenancy.
24. Plaintiff is barred by the doctrine of election of remedies from pursuing the claims
for relief stated herein.
25. Plaintiff had unlawfully and without cause terminated utility services to Defendant's
home, causing Defendant to lose valuable personal property, and as reflected by ajudgment entered
by Mag. Dist. 09-3-04, No. LT-0000219-99.
WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be dismissed,
with prejudice, and that this Court order such further relief as is deemed appropriate.
SERRATELLI, SCHIFFMAN, BROWN
& CALHOON, PC
By
Andrew Ostrowski, Esquire
I.D. No.: 66420
Suite 201, 2080 Linglestown Road
Harrisburg, PA 17110
(717) 540-9170
Dated: October 22, 1999
LIMMANDWETROMANS W ER
VERIFICATION
I, Lisa Fetrow, hereby state that I am the Defendant herein and that I have reviewed the
foregoing Answers with New Matter and that the facts stated therein are true and correct to the best
of my knowledge, information and belief, and, that this statement is made subject to the penalties
of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities.
Dated: D 99 &
Lisa Fetrow
CERTIFICATE OF SERVICE
I, Beverly Conderman, an employee of Serratelli, Schiffman, Brown & Calhoon, P.C.,
hereby certify that I have served a true and correct copy of the foregoing document by depositing
such in the regular U.S. Mail, addressed as follows:
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
SERRATELLI, SCHIFFMAN, BROWN
& CALHOON, PC
By r/rcu yl? a
Beverly Conderman
Suite 201, 2080 Linglestown Road
Harrisburg, PA 17110
(717) 540-9170
Dated: October 22, 1999
Cl b
c
I
1
r= f_. .J:L
U a: U