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HomeMy WebLinkAbout07-2933COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBJUDIC& DISTRICT 9TH NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 07 -,2 77-ZJ d(J L CT' 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 SHAWN & TABITHA VANTASSELL CV 19 LT 19 0242-07 A THONY This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. Na 1008L This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the iuck3ment for possession iathis case n or 09-3-04 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 Pa. R.C.P.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 L E I B Y' S MOBILE HOME COMMUNITY appellee(s), to file a c faint in this appeal Name of appellees) (Common Pleas Na ) within twenty (20) days service of rule or ffer judgment of non pros. RULES To LEIBY' S MOBILE HOME COMMUNITY lee(s). Name of appellees) appeNant or his attomey or agent (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- PI!A,j C?SVIGftM Of RWKV?f Or 'y I AOPC312-84 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (70) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear or affirm that I served C_a a copy c the Notice of Appeal, Common Pleas No. : upon the District Justice designated therein on date -f,, :- ,e) ? by personal service El by (certified) (registered) mail, sender's d_ iereto, and upon the appellee, (name) on _ 19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on 19:..._...__, ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 19 Signatur+ , - fore wfu `a was made Title of official fly commission expires on 18 A ? N ov. 4. Signature of affiant C'J C= G - n ' 3 i C .?? -C fil1.=" r- Cf1 N Co AG 05/11/2007 11:17 7177376779 DISTRICT COURT 09304 f COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CMMZRLAM Mag. Cut. Mo.: 09-3-04 Mo.i Names HOB. TSO>si" JL. PLACEY Address: 104 S 1;P01btT3CJJG WELL BD MECH"ICS91MG, Pk Te?eah?.: (717) 761-8230 17050 THOIILAS Pl. PLACRY 104 S SPORTING BILL HD KZCRA1aCSB1rRa, PA 17050 PAGE 03 NOTICE OF AE PLAINTIFF: JUDGMENT/TRANSCRIPT RESIDENTIAL anO ADDRESS "I fizz ' B MOBILE mom COI111111WIAITY 7075 C71> XSLS PIKE CARLISLE, PA 17015 J L VS. DEFENDANT: NAME and ADDRESS . 1 I'VA AsSSLY., =&MM, 8T -AL. 7073 CASLISLZ PI>ZE LOT 62 LCARLIOLZ, FA 17015 J Docket NO.' LT-0000142-07 Date Filed: 4/18/07 I gat THIS 1.S TO NOTIFY YOU THAT: Judgment: Judgment was entered for: (Name) LZI Y' S >I[OHIL SOi1LE COiO?OliITY' Y>I??S S>?7?IIM in a Judgment was entered against kL6 on 5/u9,107 (Date of Judgment) ® Landlord/Tenant action in the amount of $ 1,305. 2 3 2 8 0 _ The amount of rent per month, as established by the Magisterial District Judge, is $ The total amount of the Security Deposit is $ 100.00 Total Amount Established bWJOO ss- Security Deposit Applied= =$Adjudicated ?4 ut Rent in Arrears $ 15 •92 r, ? -? = ??----?? Physical Damages Leasehold Property $?.? ? _ Of! Damages/Unjust Detention $ Less Amt Due Defendant from Cross Complaint - $ _ DO Interest (if provided by lease) $- L!T Judgment Amount $ ??-BO - 92 Attachment Prohibited/ Judgment Costs $, 124 _ 50 42 Pa.C.S. § 8127 Attorney Fees $ - on Total Judgment $ X Z305.42 This case dismissed without prejudice. Post Judgment Credits $ Possession granted. Post Judgment Costs $. Certified Judgment Total $ E Possession granted if money judgment is no sa I le y Ime Ion. Possession not granted. E Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL- DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JX-MfaNT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENTMOTdR PAYS IN-FULL, SETTLES, OH OTHERWISE COMPLIES WITH THE JUDGMENT. Date Date , Magisterial District Judge MY.,commission expires first Monday of January, 2010. SEAL I' "? PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA 1 ; ss _ COUNTY OF_ 1 .4 AFFIDAVIT: l hereby swear or affirm that l served d tI (-ei Y??. a copy of the Notic f A_p Common Pi as Noll l? " 'I upon the District Justice designated therein on (date of service) r a y pfrsa a( ser ice by (car fled) (c?jt,maii, sander's -.0-1 PW e- to AJI.T-vulo -A %v- on re eipt, atfachgd Bret ,and on the appellee, (name) e ? by personal service [Ab; (certified) mail, sender's recei t attached hereto. and further that l served the R ile a co plaint acco any'sng the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 19 r by persarfai service b certified) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME r THIS DAY OF • Signature of affiant 'ignatur? -? :: `c ?vit w n?aaia Title of officiaf 585061 (?KP !9 ",,. 30*bx s n n OfNohttet v T U tv -n m ') tv - , rU ` -,.f?Ti ?Y?",.F?'rrYnf'?-... ?x„a. ..n,e....m . ?•,'?:,n.- wnu:. ..? .. n.ev .?^L:I.n ,m..y .....z r 'u, ..... ".... _.,... .. .r ,............._ ., COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMB"W STRICT 9TH NOTICE Of APPEAL ? FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na U 1 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. SHAWN & TABITHA VANTASSE,LL 5-8- 09M-3-04 Cv 19 < t -` LT 19 0242207 " ` This block will be signed .ONLY when this notation is required under Pa R.C.P.J.P. Na If appe&W was CLAIMANT (see Pa. R.C.P.J.P. No. 10088. 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 j t for possession in this case FILE A COMPLAINT within twenty (20) days after or 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 LEI 8 Y ' S MOBILE H O Z E COMMUNITY appellee(s), to file a complaint in this appeal Name of agoellee(s) Common Pleas No L! ° .o (117, ( r II ) within twenty (20) days afferservice of rule orduffer judgment of non pros RULE: To LEIBY' S MOBILE HOME COMMUNITY Name of apoelleeis) appellee(s). of appeftnt or his attorney or agent (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 yoo:0o not a compl dint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) rThB,;?d of service of this N. 's. ivice was by mail?is the date of mailing. Dale:'" Wguft" of Rom" *T? bqK4 4. ., w t -1 ` ? CERTIFIED MAIL- RECEIPT Er (Domestic Mail Only; No Insurance Coverage Provided) o~ For delivery information visit our website at www.usps.com, M s, m postage $ C3 Certified Fee O Povmk? Q Return Receipt Fee (Endorsement Required) C3 Res Mcced Delivery Fee O (Endorsement Requlred) rq O Total Postage & Fees ..A D P O? . --. - or PO Bbx No. ......... City, 3fate, ZIP+d t PS Form r3800, June rr U.S. Postal Service,?, fl CERTIFIED MAILI?, RECEIPT O (Domestic Only; No insurance Coverage Provided) O w ,s s m m Postage $ 0 C."ifi. Fee r Ratum Ret?lpt Fee 00 (Endorsement Requlred) • 0 Restricted Delivery Fee ?••?+ O (Endorsement Required) r-1 Total Postage & Fees $ 5. O O f`- 1 • Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK Plaintiff VS. SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife Defendants 07 - 2933 CIVIL ACTION - LAW Landlord/Tenant N O T I C E IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street CARLISLE, PENNSYLVANIA (717) 249-3166 1-800-990-9108 By: 4?1? a I 1 / 4< R DREW C. SHEELY, Esquire Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff 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. s Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK Plaintiff VS. SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 07 - 2933 CIVIL ACTION - LAW Landlord/Tenant COMPLAINT Plaintiff, Leiby's MHC LLC, trading as and doing business as Leiby's Mobile Home Park, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint and respectfully states as follows: 1. Plaintiff is Leiby's MHC LLC, a Pennsylvania Limited Liability Company trading and doing business under a duly registered fictitious name as Leiby's Mobile Home Park (hereinafter referred to as "Plaintiff") with a place of business at 7073 Carlisle Pike, Carlisle, Pennsylvania 17015. 2. Plaintiff owns and operates a manufactured home community. 3. Defendants Shawn Vantassell, also known as Shawn P. Vantassell, and Tabitha Vantassell, also known as Tabitha L. Vantassell, are husband and wife, (hereinafter referred to as "Defendants"), who reside at 7073 Carlisle Pike, Lot 62, Carlisle, t Pennsylvania, 17015. 4. Defendants, collectively, are currently leasing Lot No. 62 in Plaintiff's manufactured home community in accordance with an agreement dated March 21, 2006 (hereinafter referred to as "agreement", a copy of which is attached hereto as Exhibit "A". 5. The agreement between Plaintiff and Defendants requires a monthly payment from Defendants to Plaintiff in the amount of three hundred twenty-eight dollars ($328.00) for five (5) occupants. 6. The agreement between Plaintiff and Defendants requires that Defendants pay monthly water charges for Defendants water usage for Defendants' exclusive use and benefit. 7. The agreement between Plaintiff and Defendants requires that Defendants requires that Defendants pay Plaintiff a late charge of $20.00 a late or non payment of rent. 8. Plaintiff has provided sewer collection services for the exclusive benefit of Defendants since the commencement of the agreement. 9. Plaintiff provides trash collection services at a cost of $12.00 per month for the exclusive benefit of Defendants commencing as of May 1, 2007. 10. On or about February 1, 2007, Defendants failed to pay lot rent to Plaintiff in the amount of $328.00. 11. On or about February 11, 2007, Defendants were charged a twenty dollar ($20.00) late fee for Defendants failure to pay February lot rent. 2 ? c . 12. On or about March 1, 2007, Defendants failed to pay lot rent to Plaintiff in the amount of $328.00. 13. On or about March 11, 2007, Defendants were charged a twenty dollar ($20.00) late fee for Defendants failure to pay March lot rent. 14. On or about April 1, 2007, Defendants failed to pay lot rent to Plaintiff in the amount of $328.00. 15. On or about April 11, 2007, Defendants were charged a twenty dollar ($20.00) late fee for Defendants failure to pay April lot rent. 16. On or about May 1, 2007, Defendants failed to pay lot rent to Plaintiff in the amount of $328.00. 17. On or about May 11, 2007, Defendants were charged a twenty dollar ($20.00) late fee for Defendants failure to pay May lot rent. 18. On or about February 1, 2007, Defendants failed to pay a water bill to Plaintiff in the amount of thirty-five dollars and fifty-seven cents ($35.57). 19. on or about March 1, 2007, Defendants failed to pay a water bill to Plaintiff in the amount of thirty-four dollars and forty two cents ($34.42). 20. on or about April 1, 2007, Defendants failed to pay a water bill to Plaintiff in the amount of twenty-six dollars and forty cents ($26.40). 21. On or about May 1, 2007, Defendants failed to pay a water bill to Plaintiff in the amount of thirty-nine dollars ($39.00). 3 ? F 22. On or about February 1, 2007, Defendants failed to pay a sewer bill to Plaintiff in the amount of nineteen dollars ($19.00). 23. On or about March 1, 2007, Defendants failed to pay a sewer bill to Plaintiff in the amount of nineteen dollars ($19.00). 24. On or about April 1, 2007, Defendants failed to pay a sewer bill to Plaintiff in the amount of nineteen dollars ($19.00). 25. On or about May 1, 2007, Defendants failed to pay a sewer bill to Plaintiff in the amount of nineteen dollars ($19.00). 26. On or about February 26, 2007, Defendants paid outstanding sewer, water, rent and the late charge for February in the amount of Four Hundred Two dollars and fifty-seven cents ($402.57). 27. Additional rent of three hundred twenty-eight dollars ($328.00) is due and owing Plaintiff for the month of June 2007. 28. An additional late charge of twenty dollars ($20.00) is due and owing Plaintiff for the month of June 2007. 29. An additional water bill of thirty-three dollars and twenty-seven cents ($33.27) for the month of June 2007. 30. An additional sewer bill of nineteen dollars ($19.00) is due for the month of June 2007. 31. Defendants owe Plaintiff an amount of one thousand three hundred twelve dollars ($1,312.00) for lot rent pursuant to the Agreement as of the date of filing this Complaint. 4 32. Defendants owe Plaintiff an amount of one hundred thirty three dollars and nine cents ($133.09) for water services and charges pursuant to the Agreement as of the date of filing this Complaint. 33. Defendants owe Plaintiff an amount of eighty dollars ($80.00) for accrued late charges pursuant to the Agreement as of the date of filing this Complaint. 34. Defendants owe Plaintiff an amount of seventy-six dollars ($76.00) for sewer services provided by Plaintiff to Defendant through the date of filing this Complaint. 35. Defendants owe Plaintiff an amount of twenty-four dollars ($24.00) for trash services provided by Plaintiff to Defendant through the date of filing this Complaint. 36. Plaintiff has incurred court costs in the amount of one hundred twenty-four dollars and fifty cents ($124.50) through the date of filing this Complaint. COUNT I. EVICTION/EJECTMENT 37. Paragraphs 1 through and including 36 hereinabove are incorporated herein by reference thereto. 38. On March 15, 2007, Plaintiff provided written notice to Defendants that eviction proceedings would be commenced against Defendants for Defendants failure to pay monthly rent, water, sewer and late charges within a period of thirty (30) days. A copy of the March 15, 2007 notice is attached hereto as Exhibit "B". 5 ? c 39. Defendants failed to pay monthly rent, late charge, water and sewer amounts pursuant to said notice within the thirty (30) day period. 40. Defendants failed to pay monthly rent, late charge, water and sewer billings for the months of April, May and June. 41. By operation of law, Plaintiffs are entitled to possession of Lot 62 of the manufactured home community and Defendants are no longer permitted to remain in the park for failing to comply with the agreement. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment against Defendants and in favor of Plaintiff, and (1) evict/eject Defendants and direct Defendants to immediately move the manufactured home and vacate Lot No. 62, and award Plaintiff money damages and lost profits in an amount in excess of one thousand, six hundred twenty dollars and nine cents ($1,625.09), an amount requiring compulsory arbitration; and (2) Enter an Order of Court directing Defendant to pay for and assume Plaintiff's court costs and fees; (3) Any other relief deemed just and equitable. COUNT II. BREACH OF AGREEMENT 42. Paragraphs 1 through and including 26 as set forth above are incorporated herein by reference thereto. 43. Defendants have breached the terms of their written agreement by failing to pay reasonable lot rent, water charges, late charges and sewer service charges in accordance with the agreement. 6 44. Defendants have no legal or recognizable defense to the payment of lot rent to Plaintiff as Defendants have exclusively used the lot space without paying the agreed upon lot rent, water, trash service, late fees and reasonable sewer charges to Plaintiff's detriment and loss of profits 45. Plaintiff is entitled to an amount of money damages and lost profits in an amount in excess of One thousand, six hundred twenty dollars and nine cents ($1,625.09), plus court costs. WHEREFORE, Plaintiff respectfully requests that this Honorable court enter judgment against Defendants and in favor of Plaintiff, and request that this Court enter an award for money damages and lost profits in one thousand, six hundred twenty dollars and nine cents ($1,625.09), an amount requiring compulsory arbitration, plus costs. COUNT III: TRESPASS 46. Paragraphs 1 through and including 45 are incorporated herein by reference thereto. 47. As a result of continually maintaining a manufactured home and other possessions on Lot No. 62 of the Leiby's Mobile Home Park, Defendants have deprived Plaintiff of the full use and enjoyment of Plaintiff's property. 48. As a result of continually maintaining a mobile home on Plaintiff's premises as set forth herein, Defendants have deprived Plaintiff of the profits derived from the reasonable use and rental of Plaintiff's property. WHEREFORE, Plaintiff requests that this Honorable Court enter judgment against Defendants and in favor of Plaintiff, and 7 ? r (1) direct that Defendants immediately move the manufactured home located on Lot No. 62 and award Plaintiff money damages and lost profits in an amount in excess of One thousand, six hundred twenty dollars and nine cents ($1,625.09), an amount requiring compulsory arbitration, plus costs, (2) Enter an order of Court directing Defendants to pay for and assume Plaintiff's court costs and fees; (3) Any other relief deemed just and equitable. COUNT IV - UNJUST ENRICHMENT/QUANTUM MERIT 49. The averments of Paragraphs 1 through and including 48 hereinabove are incorporated herein by reference thereto. 50. At all times relevant, Plaintiff fully and adequately allowed Defendants to reside on the lot based upon Defendants representations that rent and essential services including trash, water, sewer services would be paid by Defendants. 51. As a direct and proximate result of Defendants' refusal to pay the reasonable value of Plaintiffs' lot rent, water service, sewer service, trash and late charges, Defendants have benefitted and Defendants have been unjustly enriched in the amount one thousand, six hundred twenty dollars and nine cents ($1,625.09). WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment against Defendant plus costs and in favor of Plaintiff, and direct that this Court enter an award of for money damages in an amount One thousand, six hundred twenty dollars and nine cents ($1,625.09) in favor of Plaintiff and against Defendants, an amount requiring compulsory arbitration, plus costs. 8 . Date: June 2007 Respectfully submitted, C Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 9 . 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: June 2007 _, na=bara A. Martin, ent M Exhibit "A" s s _ Base Rental Fee J 7- 60 Comer Lot Additional Occupants ", LEIBY'S MOBILE HOME PARK 7073 Carlisle Pike Carlisle, PA 17013 Phone: (717) 697-1321 Total Rent Due 0a RULES AND REGULATIONS Introduction It is Management's wish that Leiby's Mobile Home Park shall always be one of the finest residential areas of Pennsylvania. In order to assure the health, safety and welfare of the community as a whole, your complete cooperation, as a resident, is needed to comply with the following regulations. Registration and Rent 1. APPLICATION - All proposed residents must complete in fall an application for residency, including any and all required credit checks and character references. The application for residency must be approved prior to moving into the Mobile Home Park. All occupants must be registered. 2. RIENTAL -The lot space rental fee shall be $ v2 8 00 for up to two (2) occupants. Each additional occupant will be assessed a monthly per capita charge of $7.00. Any individual remaining at your residence in excess of a period of thirty (30) days shall be considered a resident. It shall be the responsibility of the resident to notify Management of such residents. Residents shall pay the same per capita fee as set forth in the preceding paragraph. 3. DEPOSIT - A deposit in the amount of $/a o oa will be payable upon execution of this agreement. The security deposit will be refundable to resident upon moving home from the Mobile Home Park or when a new resident is approved by the Park office and pays their security deposit, less all debts including any damages to landlord's property, any unpaid rent and/or any unpaid penalty, unpaid water rent or other fee including removal fees. 4. TERM OF LEASE - This shall be a month to month lease. The lease shall renew itself automatically for an additional month unless either party gives the other 30 days written notice of termination. The monthly lot rental fee shall be payable in advance on the first day of each month. If the resident remains in possession for even one day of an r additional month, then rent shall be due for that entire month. The monthly rental shall be established periodically by the landlord, with notices of any changes given to residents at least 30 days before they become effective. 5. LATE CHARGE - Rent must be paid on or before the first day of the month. Rent is to be paid at the Park office. There is a grace period until the end of business hours on the 10' day of the month, after which a late charge of $20.00 will be due and payable before the rental account can be credited. If rent and the $20.00 late charge is not paid by the I' day of the following month, there will be an additional $20.00 late charge for every succeeding month that the rent remains unpaid. Postmarks on rental payments will not be considered as date paid. The day the rental payment arrives at the office during business hours is the day it is considered paid. The late charge applies in all cases and no excuses will be accepted. If the rental payment check is paid on time but is returned by the bank for any reason after the 10' of the month, the $20.00 late charge will then be due and payable and, in addition, the total, to include return check charges of $20.00, will have to be paid either in cash, certified check or money order. The same check will not be redeposited, nor will another personal check be accepted for that amount. 6. RESIDENTIAL M/S.A E OF HOME - Manufactured home spaces shall be used for residential purposes only. Residents may not sublet the premises or any portion or part thereof, nor assign the right to remain on the mobile home lot. space. The resident may sell the manufactured home belonging to the resident, but if following the sale, the manufactured home is to remain in the community with a new owner, written approval must be obtained 'prior to sale. If a manufactured home is sold to a buyer who is not approved by Management, the sale will be valid but the new purchaser will not considered a resident and the manufactured home will be required to be removed from the community immediately. You may, therefore, suffer substantial damages if you attempt to sell without Management's approval. One reasonably sized "For Sale" sign is allowed. "For Sale" signs can only go on the property being sold by the individual, not at the community entrance or at the entrance of streets within the community. No other signs are allowed. Management approval must be obtained before driving "For Sale" sign post into the ground due to underground utilities. General 7. LJAK - Residents assume all responsibilities of any kind associated with their personal property or person(s) in connection with occupancy. This includes all family members and guests. Any problems or breaches of rules perpetrated by family members or guests will be the sole responsibility of the resident. This includes paying for any damages proven to be caused by them. Repeated problems with any member of the resident's family will be considered a breach of this rule and any other rules pertaining specifically to the problem. Residents will be held responsible for all actions of their family members and guests. N .- 8. LOT MAINTENANCE - Each Mobile Home Park resident is responsible for grass cutting and leaf raking of his yard. Snow removal from patios and sidewalks is also the Park residents' responsibility. Grass shall be mowed and trimmed every seven days during the growing season. Any grass over five inches high will be mowed by the Management and billed to the resident of that lot space at the rate of $20.00 per cutting. 9. ADDMONAL IIViPRO?F.M?NTS - A CLEAN, NEAT, WELL MAINTAINED APPEARANCE MUST BE MAINTAINED AT ALL TIMES. Use a storage building for the storage of bikes, tires, barbeque grills, toys and other items. One storage building, maximum size 10 feet by 12 feet, is permitted per mobile home space. The storage building must be of wood construction and be kept to the rear of the lot. If you choose to build your own shed you must first receive approval from the Park Management. Swing sets are to be kept to the rear of the lot away from shrubbery. Wading pools must only be placed on patios. 10. TANKS - Resident may not place any above ground tanks on the premises without express written consent of the landlord. It shall be the resident's sole responsibility to comply with all existing and future statutes, rules, regulations, ordinances, and order related to the storage tanks (including pipes and equipment connected thereto) on the premises, and to keep and maintain the tanks in good condition. and repair, such that they do not leak or present any harm or threat of harm whatsoever to the premises, the public safety and welfare, or the environment. Resident shall indemnify and hold harmless landlord from and. against any and all expenses, liabilities, or costs of any kind or nature, including attorney's fees, arising out of, caused by, or related in any way to resident's installation, ownership, operation, maintenance or closure of the storage tanks. In addition to any other remedies available, upon resident's failure to comply with this paragraph or obtain the landlord's approval to maintain the tanks on the premises, landlord may, but Is not obligated to (1) order the resident to remove or repair the tank and restore the site, (2) without waiving its right to indemnification or to pursue any remedies available, remove or repair the tanks and restore the property itself at the resident's expense, and/or (3) terminate this tenancy. Landlord shall have the right to inspect the premises to ensure compliance with this paragraph. 11. PROPANE - Agway currently services many homes in the Park. Residents may contract with Agway to provide propane utilizing tanks located beside the home. Residents also have the option of contracting with any other commercial supplier of their choice to provide propane service to their.home. 12. PATIOS - Patios are not to be used for storage. Only lawn furniture is permitted to be kept on the patio. Nothing, including clothes lines, is permitted to be attached to any awning post, tree, or shrub in the Mobile Home Park. 13. ALTERATIONS - No exterior alterations or additions to the home or mobile home lot space may be made by the resident without prior written approval of the Park Management. All skirting, awnings, porches and other additions shall be maintained 4 0 in good condition. All mobile homes in the Park must be fully skirted in with manufactured vinyl or aluminum skirting. 14. WATER USAGE - Individual water meters which are owned, installed and manufactured by Landlord shall measure the usage of each home. Residents shall pay for the repair or replacement of water meters if they fail to protect them from freezing or if they cause the meters to be damaged or removed. A monthly bill. for water usage will be sent to Residents. Meters will be read in the middle of each month, bills sent on the 20`x, with payment due on the 13'. Payment should be included in a single check with lot rent. Billing will be generated by WaterMaster. It will be almost identical to bills directly issued from Pennsylvania American Water Company in that it will include a service charge along with per gallon usage, at the current residential rates of that company. 15. WATER LINES - Residents are responsible to see that heating tapes are placed on water lines. Please be certain that tape is installed correctly to reduce fire hazards. Residents are responsible for the water lines between the water riser and the mobile home input connection. 16. OUTSIDE ANTENNA - No television or radio antenna(s) are permitted. 17. FENCES - No fences are permitted in the Park. 18. NOISE - Television, radios, stereos and any other sources of noise are to be kept at a low volume after 10:00 p.m. No loud and unreasonable conduct will be permitted at any time, day or night. 19. DANGEROUS ACTIVITIES - Bow and arrow, BB guns, pellet guns and air rifles, or any type of firearms, may not be discharged in the community/park. Fireworks considered by local authorities to be illegal will not be allowed to be set off in the community/park. 20. QLMU AL ACTIYiTY - Any resident who is hereafter arrested for and/or convicted of or pleads guilty to a felony, public drunkenness, or engages in the selling or use of drugs or immoral conduct within or outside the Park, shall be subject to eviction. 21. LAUNDRY ROOM - No loitering in the laundry room is permitted. Any person under the age of sixteen must be accompanied by an adult when entering the laundry room and/or using the washers and dryers. 22. BICYM - No person will be permitted to roam or ride bicycles, skate boards or any form of velucle propelled by foot or hand power in the Park after sunset. f 0 23. PETS - No dogs are permitted in the Park. No pets that are housed, penned, staked or tied outside of the resident's home or permitted to roam free are permitted in the Park. No pets are permitted in rental homes. If cats are found roaming free, they will be considered to be stray and dealt with accordingly. There is a penalty of $20.00 for violating this rule. This also applies to all visitors and guests who bring their dogs along while visiting you. 24. SOLICITATION - Residents are permitted to invite to their homes such vendors as tradesmen, delivery men or suppliers of various goods and services and to purchase goods and services from a vendor at the resident's own choosing. However, vendors will not be permitted to solicit in the community. Residents are requested to notify the community office immediately of vendors attempting to solicit on the community premises. Vendors will not be permitted to deliver goods or provide services in the manufactured home community before 7:00 a.m. nor after 10:00 p.m., except for an emergency. 25. LIMITATION OF PARK'S LIA VWXY - The Park shall not be liable for any damage or injury which may be sustained by the resident or any other person as a consequence of the failure, breakage, leakage, or obstruction of the water, sewer, waste or soil pipes, or the electrical, gas or oil system; or by reason of the elements, or resulting from the carelessness, negligence or improper conduct on the part of any other resident or the resident's or other resident's agents, guests, licensees, invitees, sublessees, assignees or successors, or attributable to any interference with, interruption or failure, beyond the control of the owner, or any services to be furnished or supplied by the owner. Residents are urged to obtain the necessary insurance against these above contingencies. 26. FIRE - Fire of any kind, except barbeque grills, are prohibited. 27. A20M - Axles may not be removed from any home in the Park. 28. TAXES, REMOVAL OF HOMES - Residents must pay all real estate taxes assessed and levied against the manufactured home. Residents must notify the community office as soon as possible when they are planning to move from the community. A minimum of thirty (30) days written notice is required. The home may not be removed from the Park unless all rent, fees, charges or assessments are paid. Management may prevent the removal of a manufactured home to enforce this rule. Residents are advised that prior to removing a home from the community, a removal permit must be obtained from Silver Spring tax collector. This removal permit must be shown to the Park Management before commencing removal of the unit Any damages to the resident's lot, utilities or Park property will be charged to the resident. 29. MANAGEMENT'S RIGHTS AFTER POSSESSION - After the Management has obtained possession of the lot by legal process, the management may enter the home or vehicle and secure any applications, furnishings, materials, supplies or other personal property therein, and the Management shall have the right to move the home to the storage area of the community or to such other location as the Management deems F 1. proper and necessary. The Management will have no responsibility or liability for safeguarding the home or vehicle, its contents, and any appendages prior to or during the move or after the home has been relocated and placed in storage. The Management shall have no liability to the resident or any other person under these or any other circumstances. The provisions here also apply to such an abandoned home which is owned by a resident who has filed a petition in bankruptcy or is adjudicated insolvent, whether or not the home is financed. In such event, the lease agreement with the management shall automatically terminate on account of such violation, and the home in subject shall be removed forthwith from the community by the Management. The Management shall remove the home to the storage area of the community or such other location deemed suitable for storage. In such event, the resident in violation hereof shall be liable to the Management for all reasonable costs of removal of the home, which is described in the Fee Schedule. All charges or costs incurred hereunder shall be deemed an additional rent which shall be due, payable and collectable as such by the Management in any legal action, regardless of whether the lease agreement with the violating resident has been terminated. 30. REMM - All garbage is to be placed in the container at the rear of the Park. No plastic bags or trash are to be set on the lawn or patio. 31. SHRUBS, PLANTS - Anything planted in the ground on the manufactured home lot, whether such planting is accomplished by the. Management or by the residents, shall be considered the property of the Park owner. Residents moving from the community will not be permitted to remove trees, bushes, plants or other shrubbery from their lot. 32. RENTAL LT11 - All rental units are to be left in the same condition as upon entering. 33. SUPPLEIIVl MAL MA= - Absolutely no kerosene heaters are allowed in rental units. Traffic and Vehicles 34. LICENSED DRIVERS - Only licensed drivers with valid licenses are permitted to operate motor vehicles in the Park. 35. PARKING - No double parking is permitted on the streets. Residents shall not park in other residents' parking spaces or allow their guests to do so. Designated parking is provided for more than two vehicles, including guests. No vehicle parking on the grass is permitted for any reason. 36. LICENSES VEHICLES - A resident may keep only licensed and operative vehicles in the Park which have a current, valid inspection sticker and license plate. The parking of immobilized or disabled vehicles in the Mobile Home Park is prohibited. N t 37. ABANDONED YERrt'I,ES - Any vehicle not belonging to a Park resident that is left parked in the Mobile Home Park for a period of three days will be towed away at the owner's expense. 38. VEHICLE REPAIRS - The placing of a vehicle on jacks or blocks, or the performance of mechanical repairs or maintenance work such as the draining of fluids is prohibited. 39. SPEED LUMM - The speed limit in the Park is 5 MPH. 40. COMMER AL 31M ES - Parking of any type of commercial vehicle is prohibited unless approved in writing by the Park Management. 41. ACCES O, S RY CLM - Parking and storage of boats, boat trailers, travel trailers, tent campers, pick-up campers, snowmobile trailers, and any other recreational vehicles will be permitted only at a designated parking area. Storage space is limited, so if the designated parking is filled off-site storage is required. Parking any of the above items anywhere else in the Park other than in the area designated will be a violation of Park rules and reason for eviction. 42. M IORCYCLES/NON !QQN3 9 M-jQNALVEMCLES No motorcycles are permitted in the Park. Operation of non-conventional vehicles, such as minibikes, dune buggies, snowmobiles, 3 and 4 wheelers, and go-karts within the community is prohibited. There is a penalty of $20.00 for violating this rule. This also applies to all visitors and guests who bring their motorcycles along while visiting you. 1 2/7'?? a • ?c y2 cs-grp/J , have read and fully I, a w N understand my obligations as a resident in Leiby's Mobile Home Park, and acknowledge receiving a copy of the notice required by Section 4 of the Mobile Home Parks Rights Act No. 261. 'ty Manager Da esident Resident Exhibit B 1. t r d ? ? ?OMM6"'&aWwk, "1(70 45 697 182 -1 717- X90-0690 NOTICE RESIDENT i- - ADDRESS '2O!93-6 4,sl2f Dea?=?! Xll Pursuant to Pennsylvania Act No. 261 of 1976, and the notice provided to you as required by that Act, please take notice that your monthly rental payment of $ 9-A ?? , which was due on or before ?`/ - ,20_ , has not been received to date. If this overdue rent,.?P lus the $?Q`Q_ late charge is not paid within thirty (30) days, (by ?-- /. , _ 20_a7 , we shall commence the eviction proceedings and other remedies available to us by law. This will also serve to notify you that if you pay the overdue rent within the thirty (30) day period described above, but again fail to make a rental payment when due within six (6) months from the date of this notice, eviction proceedings may be commenced with no further notice to you. Signed, Ma ment d2! Date CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Plaintiff's 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: Anthony T. McBeth Attorney at Law 407 North Front Street First Floor Harrisburg, PA 17101 -Orl PSIA!?Q Date: June !5 , 2007 A d ew C Sheely, squire Q -n ?a Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendants LEIBY'S MHC, LLC, t/a and d/b/a LEIBY'S MOBILE HOME PARK, Plaintiff V. SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-2933 NOTICE TO PLEAD TO: Leiby's MHC, LLC c/o Andrew C. Sheely, Esquire Attorneys for Plaintiff 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 You are hereby notified to plead to the Answer, New Matter and Counterclaim raised herein within twenty (20) days of service of the attached pleading upon you, or judgment may be entered against you. D Anthony T. Mc , Esq. Attorney for De dants 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendants LEIBY'S MHC, LLC, t/a and d/b/a LEIBY'S MOBILE HOME PARK, Plaintiff V. SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-2933 DEFENDANTS' ANSWER. NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT 1. Denied as stated. Defendants know the park as Leiby's Mobile Home Park. As to the existence or status of Leiby's MHC, LLC, Defendants deny this assertion in that they lack information to determine the truthfulness thereof, after reasonable investigation. In fact, whenever Defendants have been dissatisfied with arbitrary actions of management, which will be detailed in New Matter and a Counterclaim to be asserted herein, the manager has customarily directed Defendants to a toll-free telephone number to an entity that Defendants have been told is known as "Carlyle Group." If the existence and status of the LLC as described in this averment is material, strict proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that the monthly rent is $328.00 beyond that, the averment is denied as an attempt to characterize the agreement, and the agreement speaks for itself. 6. Denied as stated. It is admitted that the agreement provides provisions for water charges. They are not for the exclusive use of the Defendants in that, presumably, that provision of the agreement applies to all tenants in the mobile home park. 7. Denied as stated. The late charge applies only if current rent is not paid by the tenth day of the month, pursuant to the agreement. 8. Denied. The "sewer collection service" is not for the exclusive benefit of the Defendants; it is provided throughout the mobile home park. 9. Denied as stated. The trash collection service is not for the exclusive benefit of the Defendants; it is provided throughout the mobile home park. 10. Admitted in part and denied in part. It is admitted that Defendants failed to pay the rent at that time. The reason that the Defendants failed to pay the rent at that time was their observation of arbitrary enforcement of park rules, which will be articulated in New Matter and in the Counterclaim provided herewith. 11. Admitted in part and denied in part. It is admitted that Plaintiff assessed the charge. The validity of the charge is denied. 12. Admitted in part and denied in part. It is admitted that Defendants failed to pay the rent at that time. The reason that the Defendants failed to pay the rent at that time was their observation of arbitrary enforcement of park rules, which will be articulated in New Matter and in the Counterclaim provided herewith. 13. Admitted in part and denied in part. It is admitted that Plaintiff assessed the charge. 2 The validity of the charge is denied. 14. Admitted in part and denied in part. It is admitted that Defendants failed to pay the rent at that time. The reason that the Defendants failed to pay the rent at that time was their observation of arbitrary enforcement of park rules, which will be articulated in New Matter and in the Counterclaim provided herewith. 15. Admitted in part and denied in part. It is admitted that Plaintiff assessed the charge. The validity of the charge is denied. 16. Admitted in part and denied in part. It is admitted that Defendants failed to pay the rent at that time. The reason that the Defendants failed to pay the rent at that time was their observation of arbitrary enforcement of park rules, which will be articulated in New Matter and in the Counterclaim provided herewith. 17. Admitted in part and denied in part. It is admitted that Plaintiff assessed the charge. The validity of the charge is denied. 18. Admitted in part and denied in part. It is admitted that Defendants failed to pay the rent at that time. The reason that the Defendants failed to pay the rent at that time was their observation of arbitrary enforcement of park rules, which will be articulated in New Matter and in the Counterclaim provided herewith. 19. Admitted in part and denied in part. It is admitted that Defendants failed to pay the rent at that time. The reason that the Defendants failed to pay the rent at that time was their observation of arbitrary enforcement of park rules, which will be articulated in New Matter and in the Counterclaim provided herewith. 20. Admitted in part and denied in part. It is admitted that Defendants failed to pay the rent at that time. The reason that the Defendants failed to pay the rent at that time was 3 their observation of arbitrary enforcement of park rules, which will be articulated in New Matter and in the Counterclaim provided herewith. 21. Admitted in part and denied in part. It is admitted that Defendants failed to pay the rent at that time. The reason that the Defendants failed to pay the rent at that time was their observation of arbitrary enforcement of park rules, which will be articulated in New Matter and in the Counterclaim provided herewith. 22. Denied to the extent that the agreement does not impose an obligation to pay a sewer bill. 23. Denied to the extent that the agreement does not impose an obligation to pay a sewer bill. 24. Denied to the extent that the agreement does not impose an obligation to pay a sewer bill. 25. Denied to the extent that the agreement does not impose an obligation to pay a sewer bill. 26. Admitted. 27. Denied. Defendants have made this payment. 28. Denied. A late fee would not be due. 29. Denied. Defendants made the payment, to the knowledge of the undersigned. 30. Denied as stated. The agreement does not impose an obligation to pay a sewer bill. 31. Denied. Defendants deposited three months of rent upon filing of the appeal that initiated this action, and have made rental payments due to the Cumberland County Prothonotary since that time, upon information and belief of the undersigned. Accordingly, no rent would be due. 4 32. Denied. Defendants believe and therefore aver that they have made water service payments as required. 33. Denied. The late charges do not apply, at least to the extent that Plaintiff is attempting to assess them. 34. Denied. The agreement does not provide for sewer service payments. 35. Denied. The agreement does not provide for trash service payments. 36. It is admitted that Plaintiff paid a filing fee at the District Justice of $124.50. It is denied that the Defendants owe Plaintiff for that sum. COUNT I - EVICTIONIEJECTMENT 37. The responses set forth in the previous paragraphs are incorporated herein by reference. 38. It is admitted that the notice was provided. It is denied that the notice was provided validly. 39. Admitted in part and denied in part. It is admitted that the payments were not made within thirty days. But, rent has been deposited with the Prothonotary as required by the Rules of District Justices. 40. Denied as stated. Upon information and belief, the payment was made directly to the Prothonotary for June. Payments for April and May, at least for rent, had previously been deposited with the Prothonotary. Further, as noted in previous responses, the agreement does not provide for payment for sewer billing. 41. Denied. This averment is a conclusion of law to which no response is required. WHEREFORE, Defendants request this Honorable Court to dismiss this Count of Plaintiffs Complaint, enter judgment for Defendants and against Plaintiff thereon, assess 5 the costs of this action against Plaintiff, including a reasonable attorney's fee, and to provide any other relief the Court deems appropriate. COUNT II - BREACH OF AGREEMENT 42. The responses set forth in paragraphs one through twenty-six are incorporated herein by reference. 43. Denied. This averment is a conclusion of law to which no response is required. 44. Denied. This averment is a conclusion of law to which no response is required. 45. Denied. This averment is a conclusion of law to which no response is required. Furthermore, the claim contained in this averment appears to be one in the nature of consequential damages, which are not recoverable. WHEREFORE, Defendants request this Honorable Court to dismiss this Count of Plaintiff's Complaint, enter judgment thereon for Defendants and against Plaintiff, tax the costs of this action against Plaintiff, including a reasonable attorney's fee, and provide any other relief the Court deems appropriate. COUNT III - TRESPASS 46. The responses set forth in paragraphs one through forty-five are incorporated herein by reference. 47. Denied. This averment is a conclusion of law to which no response is required. Furthermore, Defendants have made payments for which Plaintiff is not properly crediting them in Plaintiffs Complaint. 48. Denied. This averment is a conclusion of law to which no response is required. Furthermore, Plaintiff is not properly crediting Defendants for payments they have made as 6 described in the previous response. WHEREFORE, Defendants request this Honorable Court to dismiss this Count of Plaintiff's Complaint, to enter judgment for Defendants and against Plaintiff thereon, to tax the costs of this action against Plaintiff, including a reasonable attorney's fee, and provide any other relief the Court deems appropriate. COUNT IV - UNJUST ENRICHMENT/QUANTUM MERIT 49. The response set forth in paragraphs one through forty-eight are incorporated herein by reference. 50. Denied as stated. Any representations that the Defendants made are irrelevant; Defendants have already made payments as required. 51. Denied. This averment is a conclusion of law to which no response is required. WHEREFORE, Defendants request this Honorable Court to dismiss this Count of Plaintiffs Complaint, enter judgment thereon for Defendants and against Plaintiff, tax the costs of this action against Plaintiff, including a reasonable attorney's fee, and provide any other relief the Court deems appropriate. NEW MATTER 52. At the time that Defendants initiated an appeal from the District Justice judgment in the captioned matter, the Defendants deposited a sum equal to three months of rent as required by Pennsylvania rules governing District Justices; it appears that Plaintiff is not giving Defendants proper credit for that deposit. 53. Defendants have continued to make the monthly payments as necessary, to the undersigned's knowledge, to the Cumberland County Prothonotary while the action remains 7 pending; it appears that Plaintiff is not giving Defendants proper credit for those payments. 54. Plaintiff is attempting to impose sewer charges and trash charges upon the Defendants, neither of which are provided for in the agreement that is the subject of this action; accordingly, Defendants are not liable for such charges. 55. The Mobile Home Park Rights Act, 68 P.S. §398.1 et seq., requires that proper written notice be given to a tenant if eviction is sought; further, the Act (at §398.3(b)(2) provides that such written notice be given by certified or registered mail. 56. Plaintiff does not aver that the written notice, a copy of which is attached to Plaintiff's Complaint, was provided by either certified or registered mail and, in fact, it was not provided by either certified or registered mail. 57. Accordingly, pursuant to 68 P.S. §398.3, Plaintiff cannot validly maintain an action for eviction or ejectment. 58. Furthermore, 68 P.S. §398.3(c) provides: "a mobile home resident shall not be evicted when there is proof that the rules he is accused of violating are not enforced with respect to the other mobile home residents, or non-residents on the park premises." 59. Defendants believe and therefore aver that Plaintiff has applied conditions of its standard agreement among the residents of Leiby's Mobile Home Park quite arbitrarily, choosing to enforce such rights and remedies against Defendants, while declining to pursue eviction remedies available against other tenants who have not paid rent or, have not paid other charges, or have failed to do so timely. 60. Because of Plaintiffs arbitrary enforcement as described in the previous paragraph, Plaintiff cannot validly maintain an action for rent or eviction, ejectment, or other cause of action against Defendants insofar as such actions relate to Defendants' and Plaintiff's 8 relationship as mobile home lot tenants and landlord. WHEREFORE, Defendants request this Honorable Court to dismiss Plaintiff's Complaint, enter judgment thereon for Defendants and against Plaintiff, tax the costs of this action against Plaintiff, including a reasonable attorney's fee, and provide any other relief the Court deems appropriate. COUNTERCLAIM 1. The Counterclaim Plaintiffs are the Defendants in the underlying action; namely, they are Shawn Vantassell and Tabitha Vantassell, adult individuals, married to each other, and residing in Leiby's Mobile Home Park, 7073 Carlisle Pike, Lot No. 62, Carlisle, PA 17015., Cumberland County, Pennsylvania. 2. Counterclaim Defendant is the Plaintiff in the underlying action, an entity that Defendants know as Leiby's Mobile Home Park, with its headquarters at 7073 Carlisle Pike, Carlisle PA 17015, Cumberland County, Pennsylvania. 3. Counterclaim Plaintiffs and Counterclaim Defendant are in an ongoing relationship wherein Counterclaim Plaintiffs are tenants at Counterclaim Defendant's mobile home park, which is located at the headquarters for Counterclaim Defendant as described in the previous paragraph. 4. The parties have been in such a relationship since about March, 2006. 5. Inasmuch as there are many mobile homes at the mobile home park that Counterclaim Defendant owns, Counterclaim Plaintiffs have gotten to know several of their neighbors and, in the time that Counterclaim Plaintiffs have lived in Counterclaim Defendant's mobile home park, Counterclaim Plaintiffs have been able to observe the practices of Counterclaim Defendant. 9 6. Counterclaim Plaintiffs have observed certain things from time to time that they believe constitute uneven enforcement of park rules, and have brought those instances to the attention of the onsite manager. 7. When Counterclaim Plaintiffs have voiced these complaints, the manager does not substantively address them; instead, customarily, the manager directs Counterclaim Plaintiffs to a toll-free telephone number, and persons at the other end of the toll-free number, who also do not meaningfully address any of Counterclaim Plaintiffs complaints, identify themselves as "the Carlyle Group." 8. Such affiliation as described in the previous paragraph is inconsistent with the identifying information that Counterclaim Defendant has provided for itself in its status of Plaintiff in the underlying action herein. 9. Counterclaim Plaintiffs are aware of more than one tenant who lives in Counterclaim Defendant's mobile home park, who owes rent or other payments to Counterclaim Defendant, and against whom Counterclaim Defendant does not enforce its rights. 10. Such an arbitrary pattern of conduct by Counterclaim Defendant violates the passage of the Mobile Home Park Rights Act as described above in that it is Counterclaim Defendant's obligation to enforce rules of the park and remedies available to Counterclaim Defendant evenly among Counterclaim Defendant's tenants. 11. Furthermore, Counterclaim Plaintiffs believe and therefore aver that the underlying complaint in this action constitutes a retaliatory eviction in that Counterclaim Defendant has chosen to enforce various remedies against Counterclaim Plaintiffs, while not doing so against other residents who are not nearly as vocal about their rights as Counterclaim Plaintiffs are. 10 12. A retaliatory eviction, in which Counterclaim Defendant has engaged herein, is specifically prohibited by 68 P.S. §398.16. 13. As a direct result of the retaliatory eviction attempted by Counterclaim Defendant herein, Counterclaim Plaintiffs have suffered damages, for which the Mobile Home Park Rights Act provides a remedy, including treble damages, to which Counterclaim Plaintiffs are entitled and which they seek. WHEREFORE, Counterclaim Plaintiffs request this Honorable Court to enter judgment in their favor and against Counterclaim Defendant for a sum of damages that would be subject to arbitration pursuant to the Cumberland County Rules of Court, the costs of this action, including a reasonable attorney's fee, interest, and any other relief this Court deems appropriate. to ?0 A'fithony T. MABeth, E;q. Attorney for ?dyendant 407 North Frdnt St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I. D. # 53729 11 VERIFICATION I, Anthony T. McBeth, am attorney for the Defendants in the captioned action. I am verifying the attached document for the Defendants in that they are outside the jurisdiction of this Court and their verifications cannot be obtained by the time this Answer needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). ate thony T. Mc h, Esq ire LEIBY'S MHC, LLC, t/a and d/b/a LEIBY'S MOBILE HOME PARK, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2933 SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL, husband and wife, Defendants CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Defendants, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: Andrew C. Sheely, Esquire Attorney for Plaintiff 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 3 11 X07 tDe Anthony T. M fh, Esq.' Attorney for Efafe?dants 407 North Fro t., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 f'? ?' ?_~ _? -r, C?.7 ['?> ,Y }) _ ? •? " -? ._.? _ + :? Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARR Plaintiff VS. SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 07 - 2933 CIVIL ACTION - LAW Landlord/Tenant PLAINTIFF'S REPLY TO DEFENDANTS NEW MATTER AND ANSWER TO COUNTERCLAIM Plaintiff, Leiby's MHC LLC, trading as and doing business as Leiby's Mobile Home Park, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Reply and Answer to Plaintiff's Counterclaim respectfully states as follows: 51. Paragraphs 1 - 50 of Plaintiff's Complaint are hereby incorporated herein as if set forth at length. 52. Admitted in Part/Denied in part. It is admitted that Defendants deposited sums of money with the prothonotary to secure their appeal in the above-captioned matter and monthly amounts of $328.00 in June and July of 2007 and that Defendants should get a credit for these amounts. It is denied that the amount deposited with the Prothonotary is the correct amount required as rent for the use of plaintiff's property as such amounts do not include water, sewer and trash charges which are sought from Defendants by Plaintiff. 53. Admitted in Part/Denied in part. It is admitted that Defendants have deposited a sum of money with the prothonotary to secure their appeal to protect the supersedeas and that Defendants should get a credit for these amounts. It is denied that the amount deposited is the amount required as rent for the use of plaintiff's property as such amounts do not include water, sewer and trash charges which are sought from Defendants by Plaintiff in the Complaint. 54. Admitted in Part/Denied in part. It is admitted that Plaintiff is demanding reimbursement for sewer and trash charges, as well as water, from Defendants, services provided by Plaintiff for the exclusive benefit of Defendants. Plaintiff believes that Defendants are liable for such charges. The remaining allegations of Defendant's paragraph 54 are conclusions of law, and to the extent a response is required, the allegations are denied and strict proof thereof demanded at arbitration or hearing. 55. Admitted as a conclusion of law. 56. Denied. To the contrary, Plaintiff provided written notice to quit as required by law as alleged in paragraph 38 of Plaintiff's Complaint. By way of further reply, Defendants refused to accept service of the Notice to quit which was provided to Defendants by certified mail. 57. Denied as a conclusion of law. By way of further reply, Plaintiff provided lawful written notice to Defendants who refused to accept service of notice to quit by certified mail which complies with the law and supports a valid cause of action in this 2 instance. 58. Admitted in Part/Denied in part. It is admitted that Defendant has correctly cited the law. It is specifically denied that Plaintiff violated any section of the Mobile Home Park Rights Act and it is specifically denied that Plaintiff does not uniformly enforce rules with respect to other mobile home residents or non-residents on the park premises, with strict proof demanded thereof at trial or hearing. 59. Denied, and strict proof thereof demanded at hearing or trial. To the contrary, Plaintiff has uniformly and consistently applied conditions of the lease agreement against any park resident who fails to pay timely rent and other charges, as well as against any tenant who fails to comply with park rules and regulations. By way of further reply, Plaintiff does not arbitrarily enforce any rule or regulation and routinely evicts park residents who fail to pay rent and other charges. 60. Denied as a conclusion of law. To the contrary, Plaintiff has uniformly and consistently applied conditions of the lease agreement and rule against park residents who fail to pay timely rent and other charges, as well as against any tenant who fails to comply with park rules and regulations. By way of further reply, Plaintiff does not arbitrarily enforce any rule or regulation and routinely evicts park residents who fail to pay rent and other charges, or who violate park rules. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment against Defendants and in favor of 3 Plaintiff, and (1) evict and/or eject Defendants from the manufactured home community and direct Defendants to immediately move the manufactured home and vacate Lot No. 62, and award Plaintiff money damages and lost profits in an amount in excess of One thousand, six hundred twenty dollars and nine cents ($1,625.09), together with any additional amounts accumulated thereon sought in the underlying action, an amount requiring compulsory arbitration; and (2) Enter an Order of Court directing Defendant to pay for and assume Plaintiff's court costs and fees; (3) Any other relief deemed just and equitable. PLAINTIFF'S ANSWER TO DEFENDANTS COUNTERCLAIM 1. Admitted upon information and belief. 2. Admitted in Part/Denied in part. It is admitted that the principal place of business of Plaintiff is located at 7073-7075 Carlisle Pike, Carlisle, Pennsylvania. It is denied that Plaintiff/Counterclaim Defendant are headquartered at the address herein stated. By way of further reply, Plaintiff/Counterclaim Defendant maintains associations with other legal entities and corporations. 3. Admitted in Part/Denied in part. It is admitted that the principal place of business of Plaintiff is located at 7073-7075 Carlisle Pike, Carlisle, Pennsylvania. It is denied that Plaintiff/Counterclaim Defendant are headquartered at the address herein stated. By way of further reply, Plaintiff/Counterclaim Defendant 4 maintains associations with other legal entities and corporations. 4. Admitted with clarification. Counterclaim Plaintiff Shawn Vantassell was approved to move in the park in March of 2006 and Counterclaim Plaintiff Tabitha Vantassell had resided in the park previously to March of 2006. 5. Admitted in Part/Denied in Part. It is admitted that Counterclaim Defendant owns several manufactured homes in the manufactured home community. By way of further response, Counterclaim Defendant is without sufficient information to form an opinion as to the truth of the remaining allegations in paragraph 5 and therefore the allegations are denied, with strict proof thereof demanded at trial or hearing. 6. Denied, and strict proof thereof demanded at trial. It is specifically denied that Counterclaim Plaintiffs have brought matters involving uneven enforcement of park rules to the attention of Counterclaim Defendant. By way of further reply, Counterclaim Defendant is without sufficient information to form an opinion as to the truth of the remaining allegations in paragraph 6 and therefore the allegations are denied. 7. Denied, and strict proof thereof demanded at trial or hearing. Counterclaim Defendant's manager routinely answers and responds to Counterclaim Plaintiff's Complaints. By way of further reply, Counterclaim Defendant periodically directs general information calls to affiliates of Counterclaim Defendant after hours or for general information purposes as in the ordinary course of business. 8. Denied, and strict proof thereof demanded at trial or hearing. 5 To the contrary, Counterclaim Defendant's manager properly handles all complaints and periodically may direct general information calls to affiliates of Counterclaim Defendant after hours or for general information purposes as in the ordinary course of business. 9. Denied, and strict proof thereof demanded at trial or hearing. By way of further answer Counterclaim Defendant is without sufficient information to form an opinion as to the truth of the remaining allegations contained in paragraph 9 of Counterclaim Plaintiff's action, and therefore such allegations are denied. 10. Denied. To the contrary, Counterclaim Defendant uniformly enforces and regulates leases and agreements with community residents and uniformly enforces and regulates park rules with community residents. The remaining allegations of paragraph 10 are conclusions of law to which no reply is necessary. To the extent a reply is required, the allegations are denied and strict proof thereof demanded at trial or hearing. 11. Denied. To the contrary, Counterclaim Plaintiffs refusal to pay lawful rent and refusal to pay for services rendered for the exclusive benefit of Counterclaim Plaintiffs do not justify a cause of action for retaliatory eviction. By way of further reply, Counterclaim Defendant routinely pursues recovery of possession, unpaid rent and other charges against other community residents who breach their lease or violate park rules. 12. Denied. It is specifically denied that Counterclaim Defendant has engaged in a retaliatory eviction action or that such action exists where Counterclaim Plaintiffs fail to pay lot rent and other charges 6 associated with benefits conferred upon Counterclaim Plaintiffs by Counterclaim Defendant. The remaining allegations of paragraph 12 are conclusions of law to which no response is required. 13. The allegations contained in paragraph 13 of Counterclaim Plaintiffs action are conclusions of law to which no answer is required. To the extent an answer is required, the allegations are denied and strict proof thereof demanded at trial or hearing and such allegations do not warrant the relief suggested by Counterclaim Plaintiffs. WHEREFORE, Counterclaim Defendant/Plaintiff respectfully requests that this Honorable Court find against Counterclaim Plaintiff/Defendants, and enter judgment against Counterclaim Plaintiffs/Defendant plus costs and in favor of Plaintiff, and direct that this Court enter an award of for money damages in an amount one thousand, six hundred twenty dollars and nine cents ($1,625.09), including accumulated amounts incurred thereafter, in favor of Plaintiff and against Plaintiffs/Defendants, an amount requiring compulsory arbitration, plus costs. Date: ItIl , 2007 Respe fully submitted, Andrew C. Sheely, squire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 7 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 (P , 2007 L2 ara A. Martin A nt CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Plaintiff's Reply to New matter and Answer to Counterclaim 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: Anthony T. McBeth Attorney at Law 407 North Front Street First Floor Harrisburg, PA 17101 Date: August 2007 Andrew C Sheely, K* re ?? O -n s., ??- c?? ?.? 1 ? ?1 ]! c -p fT'! -C, G' (31 - ? ? ? ""- .1 ...:r a? ? J l? v Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK : Plaintiff VS. SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND.COUNTY, PENNSYLVANIA 07 - 2933 CIVIL ACTION - LAW Landlord/Tenant CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I served a copy of the attached Motion/Praecipe for Release of Escrow funds upon Anthony T. McBeth, Esquire, by fax transmission on October 11, 2007. I further state that I was advised by Anthony T. McBeth, Esquire, that (e_di) d-id-?Mt concur with the attached Motion prior to its filing on the date set forth below. Date: October V1 , 2007 4 0(,A) 0 StR Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 - 697 - 7050 LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK Plaintiff VS. ; SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 07 - 2933 CIVIL ACTION - LAW Landlord/Tenant PRAECIPE TO RELEASE ESCROW FUNDS PURSUANT TO PA MDJ 1008(B) Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Praecipe to Release Escrow funds held by the Prothonotary and respectfully states as follows: 1. This matter was initiated on or about May 16, 2007 wherein Defendants filed a Notice of Appeal and paid three months lot rent in the amount of $984.00 to the Prothonotary of Cumberland County. 2. Thereafter, Defendants have paid an amount of $328.00 each month on June, 18, 2007, July 16, 2007, August 16, 2007 and September 16, 2007. 3. Presently, an amount of $2,296.00 has been posted by Defendants and is presently held by the Prothonotary of Cumberland County. 4. Plaintiff requests that all rent escrows held by and paid to the Prothonotary of Cumberland County by Defendants through October 12, 2007 shall be released and paid to Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park. 5. Throughout the period of this Appeal, Plaintiff continues to provide lot space and services for the exclusive benefits of Defendants and Plaintiff has not received any renumeration for such benefit. 6. This motion is not intended to waive, release or modify the substantive rights of either party to pursue the claims and demands raised in the underlying causes of action. 7. Pa MDJ Rule No. 1008(B) states that the Court shall, upon application, release appropriate sums from the escrow account on a continuing basis while an appeal is pending to compensate the landlord during the tenant's actual possession and use of the premises during the pendency of an appeal. 8. All escrow funds cannot be released without a Court Order directing the Prothonotary to release escrow funds. WHEREFORE, Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, respectfully requests that this Honorable Court enter an Order in accordance herewith. Respectfully submitted, (iv v By: October l) , 2007 Andrew C. Sheely, Esquire Pa. I.D. No. 62469 127 S. Market.Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff 2 VERIFICATION I verify that the statements made in this Praecipe for release of escrow funds 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: October I 2007 ara A. Martin, A t C`? ra? ?' Q [_"'7 "; _ ? ' ...? ".J E-ry .. f ..., .?..4 -. ? L . ? t., i ?T 4 ...? ?^? w LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK Plaintiff VS. SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife Defendants .ACT 18 2D01,r^v /? IN THE COURT OF COMMON PLEAS CUMBERLAND-COUNTY, PENNSYLVANIA 07 - 2933 CIVIL ACTION - LAW Landlord/Tenant ORDER OF COURT AND NOW, this 11 ik day of Q t'T6t.'r , 2007, based upon the attached Praecipe of Plaintiff to Release Escrow funds, the Prothonotary of Cumberland County is directed to release all funds held in escrow in the above-referenced docket, payable to Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park. BY THE COURT, vl?drew C. Sheely, Esquire Attorney for Plaintiff ,.,?thony T. McBeth, Esquire A Attorney for Defendants 'Ak Al? t t n t•wr(? ?`??1;?t ??`??? ???11? CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY 17 37 ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 60-15031313 DATE OC,'I05M 26. 2007 --- PAY TO THE 2,624.00 ORDER OF TFZRY!S mnRTTR RC1 E PARK CUMAERLAND CO. ' 4 ? do]'V?Octs ' DOLLARS PRfl.r14nf oTARY G.`!' O G%W RANK 07-2933 Leiby's vs Vantassell - "release rent" 11'00 173711' 1:0313150361: julm L08 LLL17ills ?E 8 f. >: ;- Lu -:_ . - _j Lu =?- c i61 ... LS- C] D © C-4 ry U 09585010262007 Cumberland County Prothonotary's Office Pagge 1 PYS405 Manual Release Check Register 10/2b/2007 Escrow Tran Date Distribution Ca se No Accounting Amount Date Release -------------- 3923 LEIBY'S ------- MOBILE ------ HOME ---------------------------------- PARK Check Date: 10/26/2007 ------------------- Check No.: 1737 RENT 2007- 02933 PYMT/CHECK 984.00 5/16/2007 RENT 2007- 02933 PYMT/CHECK 328.00 6/18/2007 RENT 2007- 02933 PYMT/CHECK 328.00 7/16/2007 RENT 2007- 02933 PYMT/CHECK 328.00 8/16/2007 RENT 2007- 02933 PYMT/CHECK 328.00 9/17/2007 RENT 2007- 02933 PYMT/CHECK 328.00 10/16/2007 Payee total: 2624.00 Grand total: 2,624.00 Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheel.v@verizon.net LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff vs. 07 - 2933 SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and CIVIL ACTION - LAW TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I served a copy of the attached Motion/Praecipe for Release of Escrow funds upon Anthony T. McBeth, Esquire, by fax transmission on June 5, 2008. I further state that I was advised by Anthony T. McBeth, Esquire, that (Eiid did not concur with the attached Motion prior to its filing on the date set forth below. Date: June 2008 Andrew C. Sheely, Esquire Attorney for Plaintiff 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Andrew C. Shealy, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrew,c.sheelv@verizon.net LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff Vs. 07 - 2933 SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and CIVIL ACTION - LAW TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants PRAECIPE TO RELEASE ESCROW FUNDS PURSUANT TO PA MDJ 1008 (B) Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Praecipe to Release Escrow funds held by the Prothonotary and respectfully states as follows: 1. This matter was initiated on May 16, 2007 wherein Defendants filed a Notice of Appeal and paid three months lot rent in amount of $984.00 to the Prothonotary of Cumberland County. 2. Thereafter, Defendants paid an amount of $328.00 each month from June 2007 through October 2007. 3. On or about October 11, 2007, Plaintiff filed a Praecipe to Release Escrow funds pursuant to PA MDJ 1008 (b). 4. On October 19, 2007, the Honorable M.L. Ebert, Jr., entered a Court Order directing the Prothonotary to release all funds held by the Prothonotary to Plaintiff. 5. On or about October 26, 2007, the Prothonotary of Cumberland County issued check number 1737 in the amount of $2,624.00 to Plaintiff. 6. Subsequent to the Court Order and issuance of the check on October 26, 2007, additional monthly amounts were paid by Defendants to the Prothonotary for the months of November and December of 2007, as well as January, February, March, April and may of 2008, all in the amount of $328.00 each month. 7. Presently, an amount of $2,296.00 is believe to held in escrow with the Prothonotary of Cumberland County in association with the above-referenced docket. 8. Plaintiff requests the release of all rent escrows held by and paid to the Prothonotary of Cumberland County and paid to Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park. 9. Throughout the period of November 2007 through the date of this praecipe, Plaintiff continues to provide lot space and 2 services for the exclusive benefits of Defendants and Plaintiff has not received any monthly lot rent for such benefit. 10. This praecipe is not intended to waive, release or modify the substantive rights of either party to pursue the claims and demands raised in the underlying causes of action. 11. Pa MDJ Rule No. 1008(B) states that the Court shall, upon application, release appropriate sums from the escrow account on a continuing basis while an appeal is pending to compensate the landlord during the tenant's actual possession and use of the premises during the pendency of an appeal. 12. All escrow funds cannot be released without a Court Order directing the Prothonotary to release escrow funds and Defendants have consented to the proposed order attached hereto. WHEREFORE, Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, respectfully requests that this Honorable Court enter an Order in accordance herewith. Respectfully submitted, June 5, 2008 Andrew C. Sheely, Attorney at Law 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) 3 VERIFICATION I, Terry Leiby, trading and doing business under the assumed or fictitious name of Leiby's MHC, LLC, herby state that allegations set forth in the attached Praecipe to release escrow funds are true and correct to the best of my knowledge, information and belief. DATE: 6'- J _ O p t/a and d/b/a Leiby's MHC, LLC CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing motion for Relief from the Automatic Stay 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: Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 June 6 , 2008 Andrew C. Sheely, Esquire C? C=2 c -±,i ? nil M o7-z933 CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 1786 60-1503/313 June 13, 2008 Leiby's MW, = trading a/d/b/a Leiby's Mobile How Park 2,297.00 vrt BANK OTIABLE 07-2933 Lefty's vs. Vantassell. 1ne 11§00086118 1:0 3 1 3 150 361: 108 L111 t- ` ci\s we co A Lu ?a, Gam[ 10590206182008 PYS405 Distribution Cumberland County Prothonotary's Office Manual Release Check Register Case No Accounting Escrow Tran Amount Date 6/18/2008 Date Release ------ 3923 --------------- LEIBY'S MOBILE ------ HOME ----------------------- PARK Check Date: ----------- 06/18/2008 ------------------- Check No.: 1786 RENT 2007- 02933 PYMT/CHECK 329.00 11/16/2007 RENT 2007- 02933 PYMT/CHECK 328.00 12/17/2007 RENT 2007- 02933 PYMT/CHECK 328.00 1/16/2008 RENT 2007- 02933 PYMT/CASH 328.00 2/19/2008 RENT 2007- 02933 PYMT/CASH 328.00 3/17/2008 RENT 2007- 02933 PYMTCASH 328.00 / / RENT 2007- 02933 PYMT/CASH 328.00 2008 5 15 Payee total: 2297.00 Grand total: 2,297.00 JUN 0 62008 Anttrea C. Sheel.y, Esquire Attorney for Plaintiff 12;? S. Market Street P.U. Box 95 Mechanicsburg, PA 17055 PA ID NO. 52469 717-697-7050 (Phone) 717-697-7065 (Fax) an! eu-c.Siit:ei.?@V&j:i.20T!.net LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff Vs. SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and TAB:LTHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07 - 2933 CIVIL ACTION - LAW ORDER OF COURT_ AND NOW, this tj day of 7vAL , 2008, based upon the attached Prae^ipe of Plaintiff to Release Escrow funds, the Prothonotary of Cumberland County is directed to release all funds held in escrow in the above-referenced docket, payable too Plaintiff, Leibv's MHC, LLC, trading and doing business as Le:iby's Mobile Home Park. BY THE COURT, M. L. Ebert, Jr., J. Xi drew C:. Sheely, Esquire- oa_V Ae-?- } V At--o--ney for Plaintiff nthony Mc Beth, Esquire Attorney for Defendants O v%'VA-V,SNN3d 9 Z 1 Nnf AdVjg?- HiUd iI HI ?C Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff vs. 07 - 2933 SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and CIVIL ACTION - LAW TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify thaL I served a copy of the attached Motion/Praecipe for Release of Escrow funds upon Anthony T. McBeth, Esquire, by fax transmission on. December 3, 2008. I further state that I was advised by An bony T. McBeth, Esquire, by email on December 11, 2008 that be did did not concur with the attached Motion prior to its filing on the date set forth below. Date: December 14 , 2008 Andrew C. Sheely, Esquire Attorney for P.laint.ift 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 4P Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff Vs. 07 - 2933 SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and CIVIL ACTION - LA`. TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants PRAECIPE TO RELEASE ESCROW FUNDS PURSUANT TO PA MDJ 1008 Plaintiff, Leiby's MHC, LLC, trading anc doing Ll.Lsi7, s as Leiby's Mobile Home Park, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Praecipe to Release Escrow funds held by the Prothonotary and respectfully states as follows: 1. This matter was initiated on May 16, 2007 wherein Defendants filed a Notice of Appeal and paid three rrton-ths lot rent in amount of $984.00 to the Prothonotary o C,_lr:Tibe-17lca11G County. 2. Thereafter, Defendants paid an amount of S'3'2'8-00 each month from June 2007 through May of 2008. I 3. On or about June 13, 2008, the Prothonotary of Cumberland County released all funds depcsited by Defendants to Plaintiff. 4. Subsequent to the Court Order and issuance C;r t: -1e ,h.eck on June 13, 2008, additional monthly amounts were pr-id r,y Defendants to the Prothonotary for the months of Jure,. Jt,z1.x August, September, October and November of 2008, all in the amount of $328.00 each month. 5. Presently, an amount of $1,968.00 is bel.-keved to held in escrow with the Prothonotary of Cumberland County in association with the above-referenced docket. 6. Plaintiff requests the release of all rent escrows h.rld by and paid to the Prothonotary of Cumberland Courl_y to Plaintiff, Leiby's MHC, LLC, trading and doing busi; -s,, :ts Leiby's Mobile Home Park. 7. Throughout the period of November 2007 throng!-, rie date of this praecipe, Plaintiff continues to provide spaces! and services for the exclusive benefits of Defendants :nc Pla.irti.ff has not received any monthly lot rent for such benefit,. 8. This praecipe is not intended to waive, release c) modify the substantive rights of either party to pursue -he, claims and demands raised in the underlying causes ? 2 9. Pa MDJ Rule No. 1008(B) states that the Court. sh&.1-1, upon application, release appropriate sums from the escrow account on a continuing basis while an appeal is 'adi"r compensate the landlord during the tenant's actua] and use of the premises during the pendency of an a.pxr=,? _ 10. All escrow funds cannot be released without a `Xrlrt Order directing the Prothonotary to release escrow funds and Defendants have consented to the proposed order at-taCheC. h«eEltO. WHEREFORE, Plaintiff, Leiby's MHC, -LC, trading, a"cf dn--:.nq business as Leiby's Mobile Home Park, respectfully coat this Honorable Court enter an Order in a-.-cordance h .r.ewith. Respectfully submits..:-,(J l December 11, 2008` &rew h eely, Atto.rnev a Law 127 South Market Street P.O. Box 95 Mechanic sb-I-1rg, PA 17,135' 717-697-•7050 717-697-7065 (fax) 3 CERTIFICATE OF SERVICE I, Andrew C. Sheely, Es ire, hereb? ce fy thr+ am this day serving the foregoing M ?, 4, tee ri tt, +a? upon the following named individual this day ':,fit dteposi ;:ing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Anthony T. McBeth, Esquire 407 North Front St.Leet Harrisburg, PA 17101 December (2-- 2005 Andrew C.VSheely, ?E. qui-re_ C-) l ' N +?j "fJ rn Cin 07 -2933 CUMBERLAND COUNTY OFFICE OF THE..PROTHONOTARY 1826 ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 60-1503/313 DATE December 160 2008 PAY TOTHE ORDER her' a Mnhi 1 cm Hrrru- Park 1 968 00 i a ORDER OF- CUMBgALAN Ca. 9 DOLLARS ORRS OWN BAND 07-2133 - Leiby's vs. Vantassell _ k l_ 1110018260 i:0 3 13 150 361: 108 1 1 1 0 In _ I Lit La C-3 :?j Lo N ? C? w? tl' 16051612162008 PYS405 Cumberland County Prothonotary's Office Manual Release Check Register Page 1 12/16/2008 Distribution Case No Accounting Escrow Amount Tran Date Date Release ---------- 3923 LEIBY'S ------- MOBILE ----- HOME ----------------------------------- PARK Check Date: 12/16/2008 ------------------- Check No.: 1826 RENT 2007- 02933 PYMTCASH / 328.00 / RENT 2007- 02933 PYMT CASH 328.00 7/16 2008 RENT 2007- 02933 PYMT/CASH 328.00 8/18/2008 RENT 2007- 02933 PYMT/CASH 328.00 9/16/2008 RENT 2007- 02933 PYMT/CASH 328.00 10/16/2008 RENT 2007- 02933 PYMT/CASH 328.00 11/17/2008 Payee total: 1968.00 Grand total: 1,968.00 *J Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net LEIBY'S MHC, LLC, IN THE C T/A AND D/B/A CUMBERL LEIBY'S MOBILE HOME PARR, Plaintiff . VS. 07 - 2933 SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL BY THE COURT 1*k-?' and : CIVIL ACTION - LAW TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants ORDER OF COURT AND NOW, this 15 day of p LC., attached Praecipe of Plaintiff to Release Prothonotary of Cumberland County is direc funds held in escrow in the above-referenr. Plaintiff, Leiby's MHC, LLC, trading and Leiby's Mobile Home Park. drew C. Sheely, Esquire Attorney for Plaintiff S nthony T. McBeth, Esquire 1 Attorney for Defendants T OF COMMON PLEAS OF COUNTY, PENNSYLVANIA 2008, based upon the Escrow funds, the ted to release all d docket, payable to ing business as M. L. Ebert Jr., J. M? £ d .? BUZ Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff vs. 07 - 2933 SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and CIVIL ACTION - LAW TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants PRAECIPE TO RELEASE ESCROW FUNDS PURSUANT TO PA MDJ 1008 (B) Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Praecipe to Release Escrow funds held by the Prothonotary and respectfully states as follows: 1. This matter was initiated on May 16, 2007 wherein Defendants filed a Notice of Appeal and paid three months lot rent in amount of $984.00 to the Prothonotary of Cumberland County. 2. Thereafter, Defendants continually have paid lot rent in the amount of $328.00 each month. 3. On or about June 13, 2008, the Prothonotary of Cumberland County released all funds deposited by Defendants to Plaintiff. 4. On or about December 16, 2008, the Prothonotary of Cumberland County released all funds deposited by Defendants to Plaintiff. Subsequent to the Court Order and after December 16, 2008, additional monthly amounts were paid by Defendants to the Prothonotary for the months of December 2008 and all months in 2009 through the present, all in the amount of $328.00 each month. 5. Presently, an amount of $2,952.00 is believed to held in escrow with the Prothonotary of Cumberland County in association with the above-referenced docket. 6. Plaintiff requests the release of all rent escrows held by and paid to the Prothonotary of Cumberland County and paid to Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park. 7. Throughout the period of November 2007 through the date of this praecipe, Plaintiff continues to provide lot space and services for the exclusive benefits of Defendants and Plaintiff has not received any monthly lot rent for such benefit. 8. This praecipe is not intended to waive, release or modify the substantive rights of either party to pursue the 2 claims and demands raised in the underlying causes of action. 9. Pa MDJ Rule No. 1008(B) states that the Court shall, upon application, release appropriate sums from the escrow account on a continuing basis while an appeal is pending to compensate the landlord during the tenant's actual possession and use of the premises during the pendency of an appeal. 10. All escrow funds cannot be released without a Court Order directing the Prothonotary to release escrow funds and Defendants have consented to the proposed order attached hereto. WHEREFORE, Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, respectfully requests that this Honorable Court enter an Order in accordance herewith. Respectfully submitted, October/(,,., 2009 Aez/II)/b9L'Y-D Andrew C. Sheely, Attorney at Law 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) 3 VERIFICATION I, Terry Leiby, trading and doing business under the assumed or fictitious name of Leiby's MHC, LLC, herby state that allegations set forth in the attached Praecipe to release escrow funds are true and correct to the best of my knowledge, information and belief. DATE : ,-GSA - Leib y, Agent t/a and d/b/a Leiby's MHC, LLC CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing motion for Relief from the Automatic Stay 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: Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 October ` 2009 C--" Andrew C. Sheely, Esquire 2r09 OCT 19 ;'r: 2: ("' FILED-OFFICE I ?WE E?^ ^atCiARY 2004 OCT 21 AN 11: 36 i A{?{{8 N0I-LVU0dH03 Hxn-lao ". -LnO-9 I`d? 11241510212009 PYS405 Cumberland Count Prothonotary's Office Manual Release Ch k R Pagge 1 ec egister 10,2I/2009 Distribution Case No Accountin g Escrow Amount Tran Date Date Release ------------ 923 LEIBYIS ------------ MOBILE HOME - ---------------------------- ------ PARK Check Date: 10/21/2009 ------------------- Check No.: 1896 RENT RENT 2007- 2007- 02933 02933 PYMT/CASH PYMT/CASH 328.00 1/16/2009 RENT RENT 2007- 02933 PMT/CASH 328.00 328.00 2/18/2009 3/16/2009 RENT 2007- 2007- 02933 02933 PYMT/CASH PYMT/CASH 328.00 4/16/2009 RENT RENT 2007- 02933 PYMT/CASH 328.00 328.00 5/18/2009 6/16/2009 R ENT 2007- 2007- 02933 02933 PYMT/CASH PMT/CASH 328.00 7/16/2009 RENT RENT 2007- 02933 / 328.00 8/17/2009 2007- 02933 P MT CASH 328.00 10/16/2009 Payee total: --------------- 3280.00 --- Grand total: --------------- 3,280.00 ------------------ . Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net OCT 2 0 20094 LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff vs. 07 - 2933 SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and CIVIL ACTION - LAW TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants ORDER OF COURT A AND NOW, this 'It day of 0 c,kAt,,( , 2009, based upon the attached Praecipe of Plaintiff to Release Escrow funds, the Prothonotary of Cumberland County is directed to release all funds held in escrow in the above-referenced docket, payable to Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park. drew C. Sheely, Esquire Attorney for Plaintiff thony T. McBeth, Esquire Attorney for Defendants BY THE COURT, '%,,, t ?AA V M. L. Ebert, Jr., "J erv 4_? n i Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheelv@verizon.net LEIBY'S MHC, LLC, IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARR, Plaintiff vs. 07 - 2933 SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and CIVIL ACTION - LAW TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, - Defendants CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I served a copy of the attached Motion/Praecipe for Release of Escrow funds upon Anthony T. McBeth, Esquire, by fax transmission on October 16, 2009. I further state that I was advised by Anthony T. McBeth, Esquire, on October 16, 2009 that he did did not concur with the attached Motion prior to its filing on the date set forth below. Date: October ` V , 2009 An rew C. Sheel Esquire Attorney for Plaintiff 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 F1f F; «a J 2009 OC 2 1 All 10: L5 I Y Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net FILED-MUM OF THE WHOWNY 2010 MAR -4 PM 1: 03 CuMBE" L, Z UNTY PENNSYLVAN A LEIBY'S MHC, LLC, IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff vs. 07 - 2933 SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and CIVIL ACTION - LAW TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I served a copy of the attached Motion/Praecipe for Release of Escrow funds upon Anthony T. McBeth, Esquire, by fax transmission on March 2, 2010. I further state that I was advised by Anthony T. McBeth, Esquire, on March 2, 2010 that he did did not concur with the attached motion prior to its filing on the date set forth below. Date: March 2010 /?"/ (f, sk-(?l Andrew C. Sheely, Esquire Attorney for Plaintiff 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Sox 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheelv@verizon._net P?? 2010 MAR -4 PM 1:03 rI-" CUMPA4NSyLVM A LEIBY'S MHC, LLC, IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff vs. 07 - 2933 SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and CIVIL ACTION - LAW TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants PRAECIPE TO RELEASE ESCROW FUNDS PURSUANT TO PA MDJ 1008 (B) Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Praecipe to Release Escrow funds held by the Prothonotary and respectfully states as follows: 1. This matter was initiated on May 16, 2007 wherein Defendants filed a Notice of Appeal and paid three months lot rent in amount of $984.00 to the Prothonotary of Cumberland County. 2. Thereafter, Defendants continually have paid lot rent in the amount of $328.00 each month. 3. At various times since may 16, 2007, the Prothonotary of Cumberland County has released all funds deposited by Defendants to Plaintiff in accordance with court orders. 4. Presently, an amount of $1,312.00 is held in escrow with the Prothonotary of Cumberland County in association with the above-referenced docket. 5. Plaintiff requests the release of all rent escrows held by and paid to the Prothonotary of Cumberland County and paid to Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park. 6. Throughout the period of November 2007 through the date of this praecipe, Plaintiff continues to provide lot space and services for the exclusive benefits of Defendants and Plaintiff has not received any monthly lot rent for such benefit. 7. This praecipe is not intended to waive, release or modify the substantive rights of either party to pursue the claims and demands raised in the underlying causes of action. 8. Pa MDJ Rule No. 1008(B) states that the Court shall, upon application, release appropriate sums from the escrow account on a continuing basis while an appeal is pending to compensate the landlord during the tenant's actual possession and use of the premises during the pendency of an appeal. 2 9. All escrow funds cannot be released without a Court Order directing the Prothonotary to release escrow funds and Defendants have consented to the proposed order attached hereto. WHEREFORE, Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, respectfully requests that this Honorable Court enter an order in accordance herewith. Respectfully submitted, March 2010 41AOI/?/ Andrew C. Sheely, Attorney lVe Law 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) 3 CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Praecipe To Release Escrow Funds 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: Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 March 2010 Andrew C. Sheely, ire MAR 0 5 2010 Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff vs. 07 - 2933 n SHAWN VANTASSELL, also known -c.I R- s M as SHAWN P. VANTASSELL, and i rT CIVIL ACTION - LAW A ? TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL, ... :_ co husband and wife , Defendants c ? w ORDER OF COURT AND NOW, this 54day of March, 2010, based upon the attached Praecipe of Plaintiff to Release Escrow funds, the Prothonotary of Cumberland County is directed to release all funds held in escrow in the above-referenced docket, payable to Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park. BY THE COURT, ?k -? (?A M. L. Ebert, Jr., drew C. Sheely, Esquire Attorney for Plaintiff Xnthony T. McBeth, Esquire Attorney for Defendants A (%-)N P_ e k *, 5StLer) 3- 4 -149 16002503092010 Cumberland County Prothonotary's Office Page 1 0 PYS405 Manual Release Check Reg ister /2010 3/ Escrow Tran Date Distribution Ca se No Accounting Amount Date Release -------------- 3923 LEIBY'S ------- MOBILE ------ HOME ----------------------- PARK Check Date: ------------ 03/09/2010 ------------------ Check No.: 1931 RENT 2007- 02933 PYMT/CASH 328.00 12/16/2008 RENT 2007- 02933 PYMT/CASH 328.00 11/16/2009 RENT 2007- 02933 PYMT/CASH 328.00 12/16/2009 RENT 2007- 02933 / / 7/ RENT 2007- 02933 P MT CASH 328.00 2010 2 1 Payee total: 1640.00 -------------- ------- ------ ----------------------- Grand total: ------------ 1,640.00 ------------------ 1931 CUMBERLAND COUNV ESCROW ACCOUNT 60-1503/313 CUMBERLAND C OE T COURT HOUSE ?Crl 9, 20 0 AR 1,640.00 Leiby's Mw LLC LOMa iffyns {???N BANK s vs Vantassell? ?, 7 L ?s° release rent Leiby b 07-2933 - a'00 l9 3 Lu' ..0 3 L 3 50 3p'. 1013 NNW Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net ! - _? 4, ? JA tj 18 l 1 v j "U11BERLA;01 criU,t i PENNSY(-d'Af. LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff vs. 07 - 2933 SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and CIVIL ACTION - LAW TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants PRAECIPE TO RELEASE ESCROW FUNDS PURSUANT TO PA NDJ 1008 (B) Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Praecipe to Release Escrow funds held by the Prothonotary and respectfully states as follows: 1. This matter was initiated on May 16, 2007 wherein Defendants filed a Notice of Appeal and paid three months lot rent in amount of $984.00 to the Prothonotary of Cumberland County. 2. Thereafter, Defendants continually have paid lot rent in the amount of $328.00 each month. 3. At various times throughout this case, the Prothonotary of Cumberland County has released all funds deposited by Defendants to Plaintiff in accordance with court orders. 4. Presently, an amount of $1,312.00 is held in escrow with the Prothonotary of Cumberland County in association with the above-referenced docket. 5. Plaintiff requests the release of all rent escrows held by and paid to the Prothonotary of Cumberland County and paid to Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park. 6. This praecipe is not intended to waive, release or modify the substantive rights of either party to pursue the claims and demands raised in the underlying causes of action. 7. Pa MDJ Rule No. 1008(B) states that the Court shall, upon application, release appropriate sums from the escrow account on a continuing basis while an appeal is pending to compensate the landlord during the tenant's actual possession and use of the premises during the pendency of an appeal. 8. All escrow funds cannot be released without a Court Order and Defendants through their counsel have consented to the proposed order attached hereto. 9. Judge Ebert has previously entered orders in this case. -2- WHEREFORE, Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, respectfully requests that this Honorable Court enter an Order in accordance herewith. Respectfully submitted, January/7, 2011 A G?i f/ ndrew C. Sheely, &AttoRreny--Ya-t Law 127 South Market Stree P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) 41 CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Praecipe To Release Escrow Funds 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: Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 January ?? , 2011 d4l Andrew C. Sheely, squire CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND Check Date: 01/25/2011 * 2025 Case No. Defendant Descriptions Amt Released Receipt 07-02933 LEIBY'S MOBILE HOME COMMUNITY RENT 328.00 248283 07-02933 LEIBY'S MOBILE HOME COMMUNITY RENT 328.00 249865 07-02933 LEIBY'S MOBILE HOME COMMUNITY RENT 328.00 251240 07-02933 LEIBY'S MOBILE HOME COMMUNITY RENT 328.00 252499 07-02933 LEIBY'S MOBILE HOME COMMUNITY RENT 328.00 253939 Check Amount : INFOCON CORPORATION[L1558HB] 3385603 David D. Buell 1 CUMBERLAND COUNTY PROTHONOTARY OFFICE I COURTHOUSE SQUARE, SUUIITE 100 CARLISLE, PA 17013 CHECK DATE CHECK NUMBER 01/25/2011 2025 ORRSTOWN BANK SHIPPENSBURG, PA 60-1503/313 PAY THIS AMOUNT $1,640.00 One Thousand Six Hundred Forty And 00/100 Dollars TO THE ORDER OF LEIBY'S MOBILE HOME PARK ANDY SHEELY ESQ l AVTH IZED SIGNATURE O 2 11100202So 1:03L3L50361: 108 LLLL?LV 11211601252011 Cumberland County Prothonotary's Office Page: 1 PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - Rel Date Desc No No Amount Date No Amount LEIBY'S MOBILE HOME PARK RENT 9/15/2010 PYMT/CASH 248283 07-02933 328.00 10/19/2010 PYMT/CASH 249865 07-02933 328.00 11/16/2010 PYMT/CASH 251240 07-02933 328.00 12/16/2010 PYMT/CASH 252499 07-02933 328.00 1/20/2011 PYMT/CASH 253939 07-02933 328.00 01/25/2011 2025 1,640.00 ** Total Amount Released 1,640.00 -----------------------------------End of Listing --------------------------------------------------------------------- t f Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff VS. SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07 - 2933 c 0 o -OM ` " xM CIVIL ACTION - LAW :zm :o :a-- r-- -v C, o p a. z Qrn wC r ? ORDER OF COURT AND NOW, this 1ytti day of 2011, upon consideration of the attached Praecipe of Plaintiff to Release Escrow funds, the Prothonotary of Cumberland County is directed to release all funds held in escrow in the above-referenced docket, payable to Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park. /Andrew C. Sheely, Esquir ? Attorney for Plaintiff of cK 'Anthony T. McBeth, Esquire Attorney for Defendants BY THE COURT, ?k. __? sa8\t' \ ) M. L. Ebert, Jr., aiieJ Owes ?_ ,?zsl z Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheel @verizon.net FIi ED-OFECE C F T H LE D`71 ()T[I NO Ti' 4I121 Id 18 P3 3: "'UM$ERLAN'D L LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOMEPARK, Plaintiff VS. SHAWN VANTASSELL, also known as SHAWN P. VANTASSELL, and TABITHA VANTASSELL, also known as TABITHA L. VANTASSELL,: husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07 - 2933 CIVIL ACTION - LAW CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I reviewed the attached Motion/Praecipe for Release of Escrow funds with Anthony T. McBeth, Esquire. I further state that I was advised by Anthony T. McBeth, Esquire, that he did concur with the attached Motion prior to its filing on the date set forth below. Date: January 17, 2011 drew C. Sheely, E uire Attorney for Plaintiff 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 David A Buell Prothonotary Of Tice of the Prothonotary Cum6erfand County, Pennsylvania 7�yrkS. Sohonage, ESQ Solicitor , — gZ933 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 ® CarCuCe, P)4 0 (Phone 717 240-6195 0 Tak 717240-6573