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HomeMy WebLinkAbout07-2043Seth T. Mosebey, Esquire MARTSON LAW OFFICES I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN D. WALTER, Plaintiff, v. JEFFREY YOUNG and SHARLENE YOUNG, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - ~p~13 C."cuiL 1 ~~ NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 F: \FILESIDATAFIL,E\General\Curcent112428\ 12428.1. com I Greeted: 12/15/04 1 L I3AM Revised: 4/13/07 8:24AM 12428. t Seth T. Mosebey, Esquire MARTSON LAW OFFICES I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN D. WALTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PE`-N-N-SYLVANIA v. : No. 07 - X043 ~ t u ~L, l ~1L''l JEFFREY YOUNG and SHARLENE YOUNG, husband and wife, Defendants COMPLAINT 1. John D. Walter, Plaintiff, is an adult individual residing at 105 Carlisle Road, Newville, Cumberland County, Pennsylvania. 2. Plaintiff is the owner of a mobile home lot located at 28 Country View Estates, Newville, Cumberland County, Pennsylvania ("Premises") 3. Jeffrey and Sharlene Young, Defendants, are adult individuals who reside at 28 Country View Estates, Newville, Cumberland County, Pennsylvania. 4. On or about April 28, 2006, Plaintiff and Defendants entered into a written sales agreement ("Sales Agreement") whereby Defendants agreed to purchase the manufactured home located at 28 Country View Estates. A true and correct copy of the Sales Agreement is attached hereto and incorporated herein by reference as Exhibit "A." 5. Pursuant to the Sales Agreement, Defendants agreed to make 120 payments of $663.85. Each payment included $237.00 per month for lot rent. Each payment was due on or before the first day of each month. The first payment was due on June 1, 2006. 6. On or about May 1, 2006, Plaintiff and Defendants entered into a written lease for the Premises ("Lease Agreement") for an initial term of one year, commencing on May 1, 2006. A true and correct copy of the Lease Agreement is attached and incorporated by reference as Exhibit "B." 7. Pursuant to the Lease Agreement, the total monthly rent for the lot was $237.00, which was due and payable on the first day of each month and became delinquent on the fifth day of the month. 8. In the event that a payment for the lot rent became delinquent, a one dollar per day late fee was assessed. 9. In the event that a payment for the purchase of the manufactured home became delinquent, a five dollar per day late fee was assessed. 10. Defendants failed to make a timely payment of lot rent from May 2006 through November 2006. 11. Defendants failed to make a timely payment for the purchase of the manufactured home from May 2006 through November 2006. 12. The outstanding rent and late fees for both the lot rent and the purchase of the manufactured home from November 2006 through January 2006 is $2,357.55. 13. Defendants have failed and refused to pay the outstanding charges as stated above. 14. Defendants were provided with a copy of the Park Rules and both agreed to and read the Park Rules prior to signing the Lease Agreement. 15. Pursuant to the Park Rules, Defendants were required to have a storage shed on the Premises. 16. Defendants failed to obtain a storage shed for the Premises. 17. Defendants were first informed of their failure to have a storage shed by letter dated October 18, 2006. A true and accurate copy of this letter is attached hereto as Exhibit "C." 18. By virtue of their failure to pay the outstanding charges and their failure to conform to Park Rules, Defendants are in breach of their obligations under both the Lease Agreement and the Sales Agreement. COUNTI ACTION IN EJECTMENT 19. The allegations contained in paragraphs 1-18 are incorporated herein by reference as though set forth at length. 20. On November 20, 2006, Plaintiff served Defendants with a thirty day notice of intent to terminate the lease. Defendants refused to vacate the premises after the expiration of the thirty day termination period. A true and correct copy of the thirty day notice is attached hereto and incorporate herein by reference as Exhibit "D." 21. By virtue of Defendants' breach of their obligations under both the Lease Agreement and the Sales Agreement and by virtue of Plaintiffls termination of both the Lease Agreement and Sales Agreement, Plaintiff is entitled to possession of both the Premises and the manufactured home. WHEREFORE, Plaintiff demands judgment against Defendants for possession of both the lot and the manufactured home. COUNT II CLAIM FOR UNPAID RENT AND MORTGAGE PAYMENTS 22. The allegations contained in paragraphs 1-21 are incorporated herein by reference as though set forth at length. 23. Pursuant to the Lease Agreement, Defendants are indebted to Plaintiff for unpaid lot rent and late fees in the amount of $772.00 for the period of November 2006 through January 2007. 24. Pursuant to the Sales Agreement, Defendants are indebted to Plaintiff for unpaid installment payments on the purchase of the manufactured home and late fees in the amount of $1,585.55 for the period of November 2006 through January 2007. 25. The total debt for November 2006 through January 2007 is $2,357.55. Additional rent charges, installment charges and late fees may have accrued subsequent to the filing of this Complaint. COUNT III ACTION IN REPLEVIN 26. The allegations in paragraphs 1-25 are incorporated herein by reference as though set forth at length. 27. The property to be replevied is a manufactured home located at 28 Country View Estates, Newville, Cumberland County, Pennsylvania. 28. The manufactured home at issue is valued at approximately $35,000.00. 29. Plaintiff is entitled to replevy the manufactured home because Defendants have failed to make any timely installment payments towards the purchase of the home. Additionally, Defendants have failed to make any installment payments from November 2006 through January 2007. WHEREFORE, Plaintiff demands both judgment in his favor and against Defendants in the amount of $2,357.55, plus any additional chazges for lot rent, for the purchase of the manufactured home and for other chazges which may become due and payable between the filing of this Complaint and trial and replevy of the manufactured home located at 28 Country View Estates. MARTSON LAW OFFICES By ~i T. Seth T. Mosebey, E quire I. D. Number 203046 Ten East High Street Cazlisle, PA 17013 (717)243-3341 Date: ~ /13 /07 Attorneys for Plaintiff EXHIBIT A Sales agreement I/We Jef~'rey and Sharlene Young hereby enter into an agreement with John Walter to purchase the manufactured home located at 28 Country View Estates, Newville, PA 17241. UWe Jeffrey and Sharlene Young agree to make 120 payments in the amount of ~3~' .The said payment will be due on or before the 1St of each month. With the first payment starting June 1, 2006. Payment includes lot rent in the amount of ~ 3~ ~`' and will be subject to any increase the park ma Y deem necessary. In the event of default no refunds or monies paid prior will be refunded. You will be considered in default after a period of 3 0 days. Homeowner will be responsible for providing homeowners insurance for the duration of the sales agreement. John Walter will be entitled to an annual T~.~S~ec-h'~;~ of the said manufactured home This agreement is entered into this 28th day of April, 2006. Jeffrey Young ~i~ ~~ ~- ~---- Sharlene Young John Walter ~~~~~CL~~~ Cr~--Z ~~ ;. ^1; ~_ COMMONWEALTH OF PENNSYLVANIA Notarial Seal t]en Louise GrifAe, Norary Publ~ Sflver Spring Twp„ Cumberiand Canty My Commission F.~Ires gpr.18.2008 Member, Pennsylvan;a AsFoc~;,uon of Notaries EXHIBIT B LEASE AGREEMENT This agreement, made and entered into in duplicate on this First day of 20 r- , by and between COUNTRY VIEW ESTATES herein a er called the management (Lessor) and '~' ' v `z- ~~'~, ~ ~1~~ e V~ ~~ir a herein after called sident (Lessee). -~~ WITNESSETH: That the Management (the Lessor) does hereby rent (lease) to the Resident (the Lessee) the following described premises, to wit:_ ~T ~ ~ ~ for the term of one year, commencing on the first day of _. 20o(~and ending on the last day of 20~ for the monthly sum computed as follows: MonthlyRate Basic Site Rental ........................................ $ ~ .......................... Additional Residents " ~ Name 4 Pets ~ ~ $ /r~ ~' l " ~~ ' ~ $,~~~~ ~ Description storage tees for Special Vehicles Description Maintenance Charges Type Total Monthly Rent: $ ,~ 3 ,z Concurrent with execution of this rental agreement, the Resident (lessee) agrees to pay a deposit in an amount equal to the Basic Site Rental. It is hereby agreed that this deposit will reserve the above space for a period of 30 days from the date of execution of this agreement, or the date on which the space is occupied, whichever is earlier. Thereafter, this deposit shall apply as rental on the space, provided that only the Basic Site Rental shall be Country View Estates Dog Application Tenant Name Lot # Breed of Dog Color Approximate Adult Weight As~reement I/VVe ,understand and agree to abide by the following regulations, which will become part of our lease agreement if this dog is approved: 1) Management must approve all dogs. Anyone found having a dog without written approval from management will automatically incur a $40.00 per month increase in rent. No dog with an average adult weight over 40 pounds will be approved except by special permission from management. Additionally, certain dogs with known aggressive tendencies such as Pit Bulls, German Shepherds, Rottweilers, and Dobermans will not be approved under any circumstances. 2) The minimum charge for each dog up to ~0 pounds is $20.00 per month. The charge for larger approved dogs will be determined on a case by case basis. 3) Dog owners accept full responsibility for any injury or damage caused by their dogs. Park Owners and Management will accept NO responsibility for your dog. 4) Dogs must be kept indoors at all times, except during exercise or walks. When outside, a dog must be on a leash and attended at all times. Dogs may not be tied outside alone. 5) Dog owners will be responsible for the cleanup of dog waste both on their own lot and while on walks. The fine for failure to clean up dog waste is $40.00 per occurrence. 6) Barking dogs will not be permitted. We realize that dogs bark occasionally, however, continuous barking and/or complaints about your dog will result in a $40.00 fine. This fine will be at the discretion of Park Management. Signature(s): ° , ~' Office Use Only Approved by: Date: ~~~ _ ~ ~~ ~- ~-~ ~:~ Ref. # due until such time as the space is occupied. Thereafter, the Total Monthly Rent, as itemized above shall apply. I hereby agree to pay in advance, and without offset, for said space the Total Monthly Rent as itemized above. Charges are due and payable on the first day of each month and become delinquent on the (fifth) day of the month. I understand that if I do not pay these charges a lien may be imposed on my home and my utilities may be disconnected. I have received a copy of the park Rules and Regulations, have read the same, and agree that any breach of the same by myself, my family, or guests, shall be a failure to perform an expressed condition of the terms of my tenancy, and the Management (Lessor) may terminate any residency for said breach. It is agreed that I may terminate this tenancy by giving (30) days written notice thereof, and rental shall be paid through that date. If there be previously paid unused rent, the same shall be refunded when the premises are vacated. It is further agreed that the Management (lessor) may terminate my tenancy upon giving (15) days written notice and that rental shall be paid through the date of termination of my tenancy. If the Management (Lessor) employs the services of an attorney to enforce the provisions of this agreement, I hereby agree to pay all reasonable attorney's fees, court costs, and expenses. This tenancy is not transferable. _2g_~, Lessee Date yZ - Lessee Date In the presence of `~ ~ (Management) EXHIBIT C Country View Estates Newville, Pa. 17241 November 20, 2006 Notice of Eviction Jeffrey & Sharlene Young 28 Country View Estates Newville, Pa. 17241 Mr. and Mrs. Young: You are being evicted from Country View Estates. You must move from the home on Lot# 28 within 30 days from the date of this letter. If you do not move by that date; formal eviction proceedings will begin. The reasons for the eviction are: 1. Your November rent is now 20 days late and has been late every month. 2. Your mortgage is now 20 days late and has been late every month. 3. You are also in violation of park rules: a. You do not have a storage shed as required by Park Rules. You were given until November 15 to obtain a shed. You have not done this so you are receiving your second violation. In addition to being evicted: your home is being repossessed for non payment of the mortgage. All charges will be in effect and accumulate until you move from the home. At that time all back charges must be paid along with any damage charges that may have occurred. A one dollar a day late fee for rent and a five dollar a day late fee for your mortgage will accumulate until paid. John D. Walter Owner, Country View Estates VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Date: ohn .Walter ~ ~ q ~ .~ ~0 ~ v ro ~ ~ ~~ N z_ ~, c.~ N 4:,1 O .~ ~~ -r T ~'.3 V ~ `~ ~ -ai '~a7 -{ Seth T. Mosebey, Esquire MARTSON LAW OFFICES I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN D. WALTER, Plaintiff, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 2043 CIVIL TERM JEFFREY YOUNG and SHARLENE YOUNG, husband and wife, Defendants ACCEPTANCE OF SERVICE I, Douglas G. Miller, Esquire, attorney for Defendants Jeffrey Young and Sharlene Young in the above-captioned action, hereby accept service of the Complaint in the above action on~ , 2007, on their behalf and certify that I am authorized to do so. IRWIN & McKNIGHT By Douglas .Miller, Esquire Attorneys for Defendant r^ .a ~~rt t~ c~ ~~ _ ; ~_: ~..- rJ +^Ra %~ ..... ~ ~..~