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HomeMy WebLinkAbout07-3495w COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ©~ - 3 ~Q~ (~I/r` 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 referenced below. '~ bATE'6F JJDGMENT ' `~ ' - IN'rFE CASE OF (t~laintilf) - 1 r ~ ~uererreanq ~,T- oeoo ~ ~'~-07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. nature of tiothorrotary or Deputy R. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after tiling the 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.D.J. No. 1 t~1(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name ofappellee(sT (Common Pleas No. Q ~ - ~'y /s GFJ, 1 )within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To~~V ~ `-P ~ f-~~~'~~Q.tl..~d-, aPPellee(s) Name o/appellee(s) (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. n j c /U~ Date: ~S/ , 20 ~ ? ~~/ ~~ / ~ ~~~4~~1~ nature f roth ary or DeP~Y YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE -- PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ^ a copy of the Notice of Appeal, Common Pleas ,upon the District Justice designated therein on (date of service) , 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of want Signature of ofrrcia! before whom affidavit was made Titte of offrcia( My commission expires on , 20 ~o c ~ o ~ T ~ ,~~, `_ ~ ~ ~ ~-,~ ~ -r, rn r=- ='~ - a• ~'` ~_ ~ C_j rri --~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~$ Mag. Dist. No.: MDJ Name: Hon. 09-3-03 SIISAM S. DAY Address: 229 MILL ST, BOa 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 JEFF 1PALTBRS, D$F. 1 BTAL 32 CSNT$R ST. LOT 18 MT. HOLLY SPRIN(38, PA 17065 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rCLELAI~D, DAVID ~ BRENDA 65 PINBDALR RD. CARLISLE, PA 17013 L DEFENDANT: ~1iALT8R8, 32 Cffi1T8R LOT 18 AMT. HOLLY J VS. NAME and ADDRESS JEFF ~ RRISTSR, H8AT88R, ~ ST. SPRINGS, PA 17065 J Docket No.: LT-0000188-07 _ Date Filed: 5/22/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PL_~il~TIFF __ - ®Judgment was entered for: (Name) CLSLAND, DAVID ~ BRSNDA Judgment was entered against ZI~ISTBR, 88AT88R ~ ~IALTBRS, JEFF in a ® Landlord/Tenant action in the amount of $ 112.35 on 6/05/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ . 00. The total amount of the Security Deposit is $ . 00 Total Amount Established by MDJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears $ . 00 - $ . 00= $ . 00 Physical Damages Leasehold Property $ .00 -$ .00= $ .00 Damages/Unjust Detention $ _ 00 - $ _ 00= $ _ 00 Less Amt Due Defendant from Cross Complaint - $ _ 00 Interest (if provided by lease) $ _ 00 L/T Judgment Amount $ _ 00 ^ Attachment Prohibited/ Judgment Costs $ 112.35 42 Pa.C.S. § 8127 Attorney Fees $ _ 00 ^ This case dismissed without prejudice. Total Judgment $ 112.35 ® Possession granted. Post Judgment Credits $ Post Judgment Costs $ ^ Possession ranted if mone jud ment is no sa rs Ie Certified Judgment Total Ime o evlc Ion $ g y g . y ^ Possession not granted. ^ 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 APPEA4-WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,. IF ANY. IN ORDER TO OBTAIN A SUPERSEDERS, 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 bF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULE$ 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 TI1E MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF-COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ': ~, " ~ "' Date ,Magisterial District Judge certl y t at t Is Is a true an or y o t e recor t o ocee Ings contalning t o ~u gment. Date l ,Magisterial District Judge M~r commission expires first Monday of January, 2010 • SEAL AO C 315A-O6 DAVID CLELAND AND BRENDA CLELAND, husband and wife, Plaintiffs v. JEFF WALTERS AND HEATHER KEISTER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-3495 CIVIL LANDLORD/TENANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 DAVID CLELAND AND BRENDA IN THE COURT OF COMMON PLEAS OF CLELAND, husband and wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. N0.07-3495 CIVIL JEFF WALTERS AND HEATHER LANDLORD/TENANT KEISTER Defendants COMPLAINT . NOW, this 28`h day of June, 2007 comes the Plaintiffs in the above-captioned matter by and through their counsel, SALZMANN HUGHES, P.C., and files this Landlord/Tenant Complaint against the above-designated Defendants, and in support thereof set forth the following: 1. Plaintiffs, David and Brenda Cleland, husband and wife, are adult individuals residing at 65 Pinedale Road, Carlisle, Pennsylvania. 2. Defendants, Jeff Walters and Heather Keister, are adult individuals residing at 32 Center Street, Lot 18, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Plaintiffs are the owners of the Jenny Lee Mobile Home Park in Mount Holly Springs, Cumberland County, Pennsylvania. 4. Defendants rent Lot 18 at the mobile home park from Plaintiffs pursuant to the Mobile Home Park Lot Lease attached hereto as Exhibit 1 that Defendants signed on December 5, 2005. 5. The Lease states that: Guests shall be permitted, provided that the Resident notifies the Park Owner in writing of the names and lengths of visits for any guests staying longer than 1 day. In no event are guests permitted to stay more than 7 days each year. 6. Neighbors also residing in the Jenny Lee Mobile Home Park notified Plaintiffs that a woman named Stacy Dietrich had been living at Defendants mobile home on Lot 18 for more than one week. 7. Defendants violated the Lease by permitting a guest, Stacy Dietrich, to stay with them on the property for more than seven (7) days. 8. Defendants did not notify Plaintiffs that Stacy Dietrich was staying at their mobile home and Plaintiffs did not consent to Stacy Dietrich staying at Defendants' home. 9. On April 13, 2007, Plaintiffs sent Defendants notice that permitting a guest to stay in the mobile home for more than seven (7) days is in violation of the lease and Defendants were advised that if the guest had not moved out, it would be considered a second violation of the lease and eviction proceedings would commence. Attached hereto as Exhibit 2. 10. Stacy Dietrich's signature appears on the return receipt for the certified letter sent to Defendants at their mobile home dated April 14, 2007. Attached hereto as Exhibit 3. 11. Stacy Dietrich did not move out of the residence and Defendants permitted her to continue living there for at least several weeks thereafter. 12. On Apri120, 2007, Plaintiffs posted a Notice to Quit to Defendants giving them thirty (30) days to vacate the premises. Attached hereto as Exhibit 4. 13. On May 9, 2007, Defendant Jeff Walters testified in an unrelated court matter that Stacy Dietrich lives at his residence. 14. Defendants failed to vacate the premises as directed in the Notice to Quit and Plaintiffs filed aLandlord/Tenant Complaint seeking possession with District Justice Susan K. Day on May 22, 2007. 15. A hearing was scheduled for June 5, 2007, at which Defendants failed to appear. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in their favor by granting possession of the property along with costs and attorneys fees. Respectfully submitted, SALZMANN HUGHES, P.C e,. Susann B. Morriso'h, Esquire Salzmann Hughes, P.C. Supreme Court I.D. # 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiffs Date: June 28, 2007 DAVID CLELAND AND BRENDA CLELAND, husband and wife, Plaintiffs v. JEFF WALTERS AND HEATHER KEISTER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. N0.07-3495 CIVIL LANDLORD/TENANT CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this 28th day of June 2007, a copy of Plaintiff's Complaint was served by certified mail upon the following: Jeff Walters 32 Center Street Lot 18 Mt. Holly Springs, PA 17065 Heather Keister 32 Center Street Lot 18 Mt. Holly Springs, PA 17065 r / L Susann B. M rriso ,Esquire Salzmann Hughes, P.C. Supreme Court I.D. # 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiffs Mobile Home Park Lot Lease This lease is entered into between Jeff Walters and Heather Keister as Resident(s), and David and Brenda Cleland, Park Owners, effective November 1, 2005. In consideration of Resident's payment of rent and agreement to and compliance with the other provisions set forth in this Lease, Pazk Owner leases to Resident, the Lot located at 32 Center St. Lot 18 in the Jenny Lee Mobile Home Park, in Mount Holly Springs, Cumberland County, Pennsylvania, for the following home (model and year): Kenilworth 1973 This lease permits occupancy only by the Resident and the following additional persons: Additional occupants, including boazders, may reside in the mobile home with the written consent of the Park Owner, which consent shall not be unreasonably withheld. C}uests hall be permitted, provided that the Resident notifies the Park Owner in writing of the ames and lengths of visits of any guests staying longer than 1 day. In no event are guests permitted to stay more than 7 days each yeaz. A. Lease Term, Lot Rent and Other Charges The term of this lease shall bemonth-to-month. 2. Resident shall pay Pazk Owner lot rent in the amount of Two Hundred and Twenty Dollars ($ 220.00) per month, beginning on January 1, 2006. Lot rent is due and payable without notice on the first day of each month, and must be paid no later than the 10~` day of each month. 3. Lot rent payments -must be made by check mailed to: Dave Cleland 65 Pinedale Road Carlisle, PA 17013 3. Additional charges may be levied only as specified and provided for elsewhere in this lease, or in the Park Rules and Regulations. Except for e~nergency,situatibns, Resident shall be given,30 dhys written notice of ~~~ bwnet's ititeiit to perf¢i`in services for which att additional clz~.rge will be made. Additional charges are due in full no later than 30 days from the Resident's receipt of a written invoice from the Park Owner. B. Subletting Resident shale not-sublet the mobile home. C. Nondiscrimination The Park Owner or Agent shall not discriminate against any Resident or Prospective Resident on the basis of a person's race, sex, sexual orientation, age, marital status, religion, color, national origin, disability, or because a person intends to occupy with minor children, or is a recipient of public assistance. D. Use of Home The mobile home shall be primarily used for private residential purposes. However, the Resident may use a minor portion of the home for an occupation, which is customary in residential areas, which use is cleazly secondary to the use of the home for living purposes, and which does not change the character thereof or affect the operation of the park for health, safety or aesthetic reasons. The use must be in compliance with law, including all appropriate ordinances, rules and regulations of any appropriate governmental authority. E. Installation and Maintenance of home and Lot 1. All homes must be skirted with a skirting material of vinyl, plywood, or of comparable quality and appeazance. The skirting must be kept id good repair and painted as necessary. 2. The Resident shall keep the premises neat, clean, in good repair, and use them in such a manner as ndt to be detrimental to any other resident or to the operation of the pazk for health, safety or aesthetic reasons. Resident must keep the Lot clean, lawns cut, and high grass trimmed around the home. 3. Plumbing mist be kept in good repair and plumbing leaks ttiust be repaired immediately. All exposed water lines must be properly insulated and/or have operative heat tapes to prevent freezing from ground exit forward. 4. With prior written approval of the Park Owner, which shall not be unreasonably withheld, awnings, screen rooms, added rooms, or sheds may be placed on the Resident's Lot. Any such improvement or additions must be in compliance with the local zoning, building and related ordinances. 5. Except in connection with flower or vegetable gardens, Resident shall not dig on the Lot without the prior written consent of the Park Owner or verification by authorities of the location of underground infrastructure systems (electrical, sewer, water, telephone, cable). Any damage done to an underground utility by the Resident shall be repaired at the Resident's expense. F. Responsibilities of the Resident 1. The Resident is required to respect the privacy and lot lines of other resident's lots. Resident and resident's household members and guests shall not conduct themselves in a way that unreasonably disturbs other residents, and shall refrain from illegal activities. Resident shall be responsible for the activities and behavior of persons residing with Resident and guests of Resident. 2. Resident shall not use or occupy hislher mobile home in such a way as to cause any lot to fail to comply with the terms of this Lease Agreement or State or local laws and ordinances. The Resident, members of the household, guests and invitees shall not deliberately or negligently destroy, deface, damage, alter or remove any fixture, mechanical or utility system or furnishing. 3. 'The Resident shall be responsible for the expense of maintaining the plumbing, electrical, and other utility service within the home, and from the point at which the service surfaces under the mobile home or connects to the mobile home from a service point. 4. Resident shall maintain hislher unit free from rats and reasonably free from insects, vermin and other pests to the extent that failure to maintain may affect the fitness for human habitation of any lot or home. 5. The Resident is responsible for the maintenance of the Lot, including but not limited to the maintenance of the lawn and driveway, including snow removal from driveway and pazking areas. 6. The Resident is responsible for any damage caused by failing to control water leaks within the mobile home or disposing of items that are not soluble into the sewage system that may cause blockages, surfacing or backup. . 7. Household waste that is placed outside the mobile home shall be stored in watertight receptacles of metal or other duXable materials with tight fitting covers. 8. Upon the termination of the lease, the Resident will leave said premises in as good a state of condition as they were at the beginning of the Lease, reasonable use and wear thereof and damage by the elements excepted. 9. Resident is responsible for the expense of eradicating and fully remediating any environmental contamination or other environmental hazard created on the property during Resident's tenancy and Resident shall indemnify and hold Pazk Owner harmless from any and all environmenta.~ liability whatsoever which results from any actions or omissions by Resident to the property and being fully responsible to reimburse Park Owner for any and all remediation costs (including any clean up costs or other consequential and incidental damages, fines, charges, liabilities or attorneys fees) associated with any such environmental contamination or hazard. Any violation of this provision shall constitute a material breach of this lease and may be terminated immediately by Park Owner upon such breach, at Park Owner's sole discretion. G. Responsibilities of the Park Owner The Park Owner will provide Resident with adequate and safe electrical service. Park Owner is responsible for maintenance of the electrical service to the point at which it surfaces under the mobile home. 2. The Park Owner will provide the Resident with potable water at an adequate pressure to meet his/her everyday needs and to prevent a health hazard from back siphonage. The Pazk Owner is responsible for the maintenance of water lines to the point at which the lines surface from the ground under the mobile home. 3. The Park Owner shall provide adequate wastewater disposal that is properly connected to a public sewage system or properly operating subsurface disposal system. The Park Owner is responsible for ensuring that the sewage disposal system is serviced adequately to prevent surfacing or back-up. The Park Owner is responsible for maintaining the sewage disposal system to the point where it surfaces from the ground to service the mobile home. 4. The Pazk Owner shall provide rubbish removal services of a frequency and or capacity to keep collection areas free from rats, and reasonably free from insects, vermin, and other pests to the extent that failure to maintain may affect the fitness for human habitation of any lot or home. 5. The Park Owner shall maintain the common area structures, trash areas, and abandoned mobile homes free from rats and reasonably free from all insects, vermin and other pests. 6. They Park Owner will ensure that the common azeas are maintained in a manner, which ensures that the Resident can utilize them for the purposes envis~one~l without adversely affecting their health or safety. 7. The Park Owner will maintain the park roads on a yeaz-round basis in a fashion that ensures the safe use of, and fitness for, the purposes for which they were intended, without unreasonable interruption. The Pazk Owner shall remove ice and snow in a timely manner in a fashion that reasonably ensures the safety of the Resident. H. Access 1. The. Pazk Owner may enter the mobile home Lot with the Resident's consent, which shall not be unreasonably withheld, under the following conditions, between the hours of 7:00 am. and 7:00 p.m., with no less than 12-hours' notice: A. when necessary to inspect the Lot; B. to make necessary or agreed repairs, alterations or improvements; C. to supply agreed upon services; or D. to exhibit the Lot to prospective or actual purchasers, mortgagees, tenants, workers or contractors. 2. The Pazk Owner may enter the rented Lot without notice or permission, if, in the course of performing repairs the Owner discovers that it is necessary to enter the Lot to complete the repairs, provided that the Pazk Owner could not have reasonably foreseen the need to enter the Lot at the time the repairs began. However, the Park Owner must first attempt to reach the Resident by telephone or in person at the mobile home before entering the Lot. 3. Only if the Pazk Owner reasonably believes that there is a likelihood of imminent injury to any person, damage to property or interruption of utility services, may the Park Owner enter the mobile home or the mobile home Lot without notice to, or permission from, the Resident. 1. Sale of Homes Located in Park Prior to selling a home in the park, the Resident shall notify the Park Owner by certified or registered mail of the name and address of the prospective purchaser. ff the purchaser and his/her household do not qualify under the lease terms for the park, the Pazk Owner will have 15 days to indicate so in writing to the Resident. The notification must list the specific lease terms under which the purchaser does not qualify. J. Modifications of Lease A copy of any new lease terms or rules and regulations superseding or supplementing the terms stated herein, will be furnished to the Resident at least 30 days prior to the effective date of any amendment, addition, or deletion of the existing lease terms or rules and regulations, ff the proposed change involves an increase in rent or utility charges, notice must be gives 60 days prior to the increase. K. Termination of Lease by Resident The Resident may terminate this Lease by giving the Park Owner at least 30 days notice in writing stating the Resident's intention to terminate the Lease and vacate the premises. L. Termination of Lease by Park Owner 1. The Park Owner may terminate this Lease for nonpayment of rent, for a second or subsequent violation of the Lease terms within a six month period or rules and regulations promulgated under it, or if there is a change in the use of the park land or pazts thereof or a termination of the mobile home park. 2. Prior to eviction, the Pazk Owner shall notify the mobile home park resident in writing of the particulaz breach or violation of the lease or park rules by certified or registered mail. 3. If back rent is owed, the notice must also state that the Resident has twenty (20) days from tl#e date of service to pay back rent due if the notice is given on or after April 1st and before September 1st, and thirty (30) days if given on or after September I st and before April l~`. An additional nonpayment of rent occurring within six (6) months of the giving of the notice may result in immediate eviction proceedings. 4. In the case of a breach of the lease or violation of the park rules, other than nonpayment of rent, the notice shall describe the particular breach or violation. Pazk Owner shall not evict unless the Resident has been notified as required by this section, and upon a second or subsequent violation or breach occurring within six months, the Park Owner may commence eviction proceedings at any time within 60 days of the last violation or breach. 5. The Park Owner shall go through the court process to evict a Resident. 6. In the event of a change in use or closing of all or part or the pazk, the Park Owner shall notify the Resident and the Commissioner of Housing by certified or registered mail. M. Abandonment l . A mobile home will be considered abandoned if all of the following conditions exist: A. A reasonable person would believe that the mobile home is not occupied as a residence; B. The rent for the Lot is at least 30 days delinquent; and C. The Park Owner has attempted to contact the Resident at the Resident's home, last known place of employment and last known mailing address without success. 2. Abandonment of the mobile home is a substantial violation of the Lease terms and may result in immediate eviction proceedings. 3. Upon abandonment as described above, the Park Owner may: A. Enter the mobile home and secure any appliances, furnishings, materials, supplies or other personal property therein and disconnect the mobile home from any utilities; B. Move the mobile home to a storage area within the mobile home park or to another location deemed necessary and proper. The Resident shall be notified by mail and by posting on the home and at any other lmown address, that the mobile home has been moved and of the new location of the mobile home. C. Assess removal charges and storage charges against the Resident. 4. A person or persons acting as authorized under subsection 3 above are not responsible for any loss or damage to a home or its contents or for any taxes, fees, assessments or other charges of any kind relating to the abandoned mobile home. N. Farther Conditions aad AgreemeQts This Lease contains the entire agreement and understanding between the parties. There are no oral understandings, terms or conditions and neither party has relied upon any representation, express or implied, not contained in this Lease. This Lease cannot be changed or supplemented orally. In the event that more than one person shall be or become Resident hereunder, then the obligations of Resident heretoder, s11 be deemed to be the joint and several oblig~.tion ofeach such person. 4. Resident acknowledges receipt of the Park Rules and Regulations, and agrees to abide by them as conditions of this lease. O. Park Rules The Park Rules, and any future amendments to them, are expressly made a part of the Lease Agreement, and Resident agrees to abide by such Park Rules. P. Notice Any notice required to be given to any parry shall be sufficient if mailed and addressed as follows: To Park Owner: David Cleland 65 Pinedale Road Carlisle, PA 17013 To Park Resident: Jeff Walters and Heather Keister 32 Center St Lot 18 Mt Holly springs, Pa 17065 Signed and Accepted.: Pazk Owner Park Resident Park Resident Phone Number Date Date Please list all residents living in mobile home and there ages. I~1'~i s ~~~l~sl "~ ~ S Date !O'er-os ~~ "IIVIF4RTAi~iT t~QTICE ttEQi311tED BY I.AV4' "'flte noes set ficntit betdw govern the terms of yot#r tease or occtttsancy agreement wcth this mobile home park. The law iequires all of these noes m be fair and reasonable. "You may centintxe to stay in this paik as tong as you pay your recd and other reasonable fees, service charges and assessments_ hexeitral~er set for€h and abide b7- the rules of the park_ ~ttttattce attd exit fees may rioi be charged. Installation sod removst fees may not be charged in e,~cess of tlta actual caost to the molu'le home park owner or operator for prevsdmg such service f+oar the installation or removal of a mobile home in s moln"l~ee hoaa~te space. "You may he evicted for arty of the following reasons: "(1 j Nonpayment oFrent. _~ "(2} A secostci or ~ violation of dtz rules of the mobile home park oeccmiug within s sot-tnanth period. "{3) if there is a change in~rtse ofthe park lend or parts theretr£ "{4} Termination of mohr~e home parts. "You shall only be evicted in accordance vuith the ix>ttowing procure: "(1) A resident shaft net be evicted by ~y ~P mrac~n,e_ "(Z} Friar trJ the c~ntntencamrettt of airy eviagion procxeding, the mobde tmme park owner shall notify you in writing o€ the particular brracit os violation of the tease or garic tales by certified or registecr:d taail_ •(i} In fief case of noaapayacent of teat, the aaoticx shalt state that sa eviction wing may be camauaenced if the nna6de home r+esitlem dons not pay the arver+~te cEeat within 2A clays imcn the date of seavinesf t1reG notice is givoct on ~oai • ~#ber April 1 attd befese Sr~ambar !, attd 30 days if given art or aver S t cad bc~rc ApeiI t or an adiii€ional rtenpaya~ct of rectt oaxauriag within snc tnendcs of fife giving of fire notice may t+esutt io mtntediate evidioa pt+necadiags. "{ii) la the case of s bmcactt of the least or violatiret of ttte; park reties, other than ~ of rent, the notice shaft descntlte tLe partoptlar bacach aa- vielatioat. too et-ichoa aa~ strait be nmla:ss y~aa have been notified as nxtuiaaed by this sa~iaa4 acrd boa a second oar ~ vyod or txcaeh ocatrra~ within six months, the mebe~e trance patio: owner may prE>eeedengs ~ nay times within b0 days of dte last violation or bceacli. "You shalt not be evicmd when there is preof that ib~e rotes ~ are acialsed of violating, are not enforced with respect to fire othermebrle home residents oraiddnts ~ the park. "In edition, rco evie~iori prig iii ~ of rent rmty bG d $t yna unfit yoau have received ra~ofiiec try cartifmd or ~ of ttre rro~aymrot and lr~nc bees grMdt to pqr rite avisdiie rent 21} days from ~ dato of service if ttm notice is given aft ~ ai~er April 1 and beftne Septembix I, and 30 days ff given on a-r stttx Septeatber I and before April 1. Howaver, amity ~e notice of asvidrdae not i$ nxpth+ad to be amt to you during arty siccc~aemth tcaioti. If a s er t v oa:tus w~ sat fi+mti iht daft of the bust nntii:e: tLen zvuxios ~ may ba: t started 3noao. "You one ea~itla~ m ~ or services a seIIer flf ~' cl;oii:e and the park owner shalt not restrict your right m do ~. ~ . "If yon desire m sell yeitr mobile home, the mc>~e home park owner stay net tha: sak and may not claim any fee is coon theatiwyitty imlcss ttux+c ~ s separate written agcttcaimt, Iiowevar, fife m~e borne park owner may the r~ tQ app~tave the ' as a testde~ in rim nmobge homme park. . "fit€orccmertt of fire Moue home Park Rig}tts" Act is by the Attorney Geria~at of the Comatotiwealth of Pennsylvania or t6a District Atmmey of the county is whidt the ma#~a hoazm park is Iocated_ You may also raring a private cause of aetio®. If your rights are violated you may aontsax tha State tiiueau of ( Protzchoa or your local District Atm>nmy-_" Date ate I have read the foregoing rules and regulations and agree to become a tenant or guest of the Mobile Home Park, accepting and consenting to said rules and regulations. I agree that all said Rules and Regulations should be part of the Rental Agreement. PLEASE mark Mobile Home number, month you are paying for, and phone number on check. __. DATE. .. ~ /~ 5~~5 ............. Mobile om~ Tea t 0 `ome Tenant Phone Number ~~ 4 David Cleland, Park Owner Jenny Lee Mobile Home Park Mt. Holly Springs, PA April 13, 2007 Sent via Certified and U.S. Mail Jeff Walters Heather Keister 32 Center St., Lot 18 Mt. Holly Springs, PA 17065 Dear Mr. Walters and Ms. Keister: Pursuant to the requirements of the Mobile Home Park Rights Act, you are hereby notified that you are in violation of the Mobile Home Park Lot Lease and the Rules and Regulations. The lease permits occupancy only by the individuals named in the lease and, in no event, are guests permitted to stay in the mobile home for more than seven (7) days. The guest you have staying at your mobile home has been there for at least seven (7) days. If the guest has not moved out of the mobile home within two (2) days of receipt of this letter, it will be considered a second violation of the lease and eviction proceedings may commence. You are also in violation of the mobile home park Rules and Regulations, which allow only one- inside pet. and prohibit pets from being staked or tied in the yard. If these violations are not rectified within two (2) days of receipt of this letter or another violation occurs, it will be considered a second violation- of the rules and regulations and eviction proceedings may commence. Sincerely, David Cleland, Park Owner ~ P r ~ ~ ~ .~ $ ~ ~ ~ Q~~C1~ ~. v ` ~ g~ o `~ ~ _ ~ ~ " ~ N m ~y' ~ ~~~ rj p ~ \ ~ ~ ~~ Q ~ ~ d ~ `'' t _ 1 ~ ~ ~ Ci ~ ~ ~ tt'1 (ll ~ ~ ~ C] ~ D t7 `~~ x `=mss' ~ ,~ ,,n ~- ~~ ~~~. ~ . - ~ ~ ---r A ~ J„j ,,~„ ~~ ~ g ~ aa. ~~c G "' Q ~ ~ ~,j1, . ~~~ ~Q a i1 ~~ . s • ~ I~ ~~~] .-~~ ~~ f ~ ~ M CV ~'' ~~~ NOTICE TO QUIT TO: Jeff Walters Heather Keister 32 Center St., Lot 18 Mt. Holly Springs, PA 17065 DATE: Apri120, 2007 You are hereby notified to vacate the premises which you rent located at 32 Center Street, Lot 18, Mt. Holly Springs, Cumberland County, Pennsylvania within thirty (30) days fiom the date of service of this notice. Service of this notice was effectuated by personal hand delivery or posting upon the rented premises on the date noted above. This action is the result of your second violation of the following condition of the lease within six months: the lease permits occupancy only by the individuals named in the lease and, in no event, are guests permitted to stay in the mobile home for more than seven (7) days. If you have not vacated and removed all of your belongings from the rented premises on or before May 20, 2007, you will be subject to forcible removal by court order together with payment of all rent, filing costs, expenses, damages, and attorney fees. SALZMANN HUGHES, P.C. G~ J usann B. orriso Esquire Supreme Court I.D. Number 77041 354Alexander Spring Road, Suite 1 Cazlisle, PA 17015 (717) 249-6333 Attorney for David Cleland, Park Owner C') ;, ~ c.. -n ~~ ~~ .,~. r ^~ ~ ~-{? ~~ . ' =-~ R ,~ ~ I . ~- COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT ~~ n COMMON PLEAS No. I~ ~ "'"~ .~ ~ 7 ~ (may / 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 referenced below. r...~..wU v~ ...-,-ccw., i ~,n i a v+~ c ur /w,,~e E OF JUDGMENT _.IN THE CASE OF (Pie~til~ (Defendant)' ~~ ~ ~ ~_: `? !-x~v ~~ ~ '~t'~z'~ ~ \~=~r ~ ~r~ ~a rl~f~u~~r Il ~ ~ ~r ~ ~~ P-~~ \~c~t 1 ,~.. -~ (~ f~ Q Cl 1 ~~°' fit' - Q `~ ~ i ! i i i ~ ~. This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see. Pa. R.iC~P.D.J. ~"1001(6) in acTan' R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. ~.. ~- d, ~~ ~ (20) days after Bling the NOTICE of APPEAL. ignahrre of Prothotafery a Deprdy 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.D.J. No. 1(101(7) in action before District Justice. JF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: Ta Prothonotary Enter rule upon _ ~ ~ ~ ~` ~~ ~..~ ~~'°-~)~~,~ ~ ~ ~~~~ appellee(s), to file a complaint in this appeal Name of applel/ee(s) (Common Pleas No. ~ ~ " 3 ''~ ~~ C..+ J.f t )within twenty (20) days after service of rule or suffer entry of judgment of non pn~s. Signature of appellant or atlomey or agent _. 5 ` ' a ellee s RULE: To ~ ~~( ~~ ~.- ,~ i:,.j 4` ~~,C~L r~'..~..~-f-X._~j pP ( ) Nama of appe/lee(s) (1) You ane notifted that a rote is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this [~11e upon you by personal service or by certified yr registered mail. ~- (2) ._If you do no# file a complaint+within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of thls~rule~if service was by mail is the date of the mailing. ~^ / ,) Date: ~~ , 2A a ~ ~ `~'~ 1.~~~ /,~ ~ .~ h a~,St9~gn~re otary or Deputy YOU I41WST IfVCLIID~ A-COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WfTH THIS NOTICE OF APPEAL. ., . AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE C rv ~ 0 ~ rr; c~. ~ Tt ,t, _ ~ ~ CI> ~° r `-_ fV 4D `CT~ `~ ~ T '{~ ~' (~ ~~ ~ ~~ "~ti r X11 PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST 8E FILED WITHIN TEN ('!D) DAYS AFTER tiling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~''- h ; ss +,~/~.,. AFFIDAVIT: thereby (swear) (affirm) that !served a copy of the Notice of Appeal, Common Pleas ,q Q ^ (% ~~ ~ ~r upon the District Justice designated therein on (date of service) , 20~_, y personal servi by (certified) (registered} mail, sender's receipt attac ed hereto, and upon the appellee, nam ~ 1,., j ,,~~ , 20~ ^ by personal service by (certified} (registered) mail, sender's receipt attached hereto. Sigma^l of ofrrcfal before whomlitfrdat~t was made N _ True of official My commission expires on ~ ~ k. Signature of affiant ^ Complete items 1, 2, and 3. Also complete A. Sl slurs ' item 4 if Restricted Delivery is desired. COMMONWEALTH OF PENNSYLVA ^ Print your name and address an the reverse X ` Agent ~ ^ Addrr ~ r tcr: ,' SFza so that we can return the card to you. 1a n ~ ~ K ~" ~„~ .~ nloi-3zy Public ^ Attach this card to the back of the mailpiece; l S R' ' ~ ~ C. ~~ ~ ~,~~~ ~..~ , ou „ u~ ~;,~~~ l vvr Um~` ie:r(3rRC Coy Or on the front if space permits. My i %~r' ~ ;; ~= , ::~ i7er "~i, ~ ` 7. Article Addressed to:~V ~ ~ ~ Member, Pennsylvania Association of Noc. "'"'"' + . IS delivery address different front Item 79 ^ Yes If YF-S. enter delivery address below: ^ No / f~, {~~ C~t.~-~ ~ 1 `J 1 ~ 1--'~ l ~~ ~ 3. Servkae type 1 ,~?ertlfled Mail ^ Express Mail t7 Registered ^ Retum Receipt for Mercl L7 Insured Mall ^ G.O.D. 4. ResMcted Deliveyl(Extra Fee) ^ Ye 2. Article Number rffartsrlsr rrarrr servk~e fan 7 0 0 4 2 510 0 2 2 3 5 0 8 9 4 2 0 8 (SWOR' N} (,AFFIRMED) AND SUBSCRIBED BEFORE ME THIS " DAY OF 3 c , 20 m THIS ~_ DAY OF ~"~~ i , 20 . ;. DAVID CLELAND AND I CLELAND, husband and ~ Plaintiffs v. JEFF WALTERS AND KEISTER Defendants ENDA IN THE COURT OF COMMON PLEAS OF 'e, :CUMBERLAND COUNTY, PENNSYLVANIA N0.07-3495 CIVIL THER LANDLORDlTENANT TO THE PROTHONOT RY: Kindly to ina~ for Defendants' failure to period in excess of thirty the supersedeas in the above-captioned Landlord/Tenant appeal monthly rental as required by Pa.R.C.P.M.D.J. No. 1008 for a l) days. Respectfully submitted, SALZMANN HUGHES, P.C By: ~ Susann B. Morris n, Esquire Salzmann Hughes, P.C. Supreme Court I.D. # 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiffs Date: July 19, 2007 July 19, 2007, Upon cc monthly rent for more ation of failure of the appeallant to deposit the thirty (30) days, the supersedeas is terminated. Curtis R., Long, Prothonotary ~~ • a- DAVID CLELAND AND B NDA IN THE COURT OF COMMON PLEAS OF CLELAND, husband and ife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. N0.07-3495 CIVIL JEFF WALTERS AND HE THER LANDLORD/TENANT KEISTER Defendan s CERTIFICATE OF SERVICE I, the undersigned hereby certify that on this 19th day of July 2007, a copy of Plaintiff's Praecipe to Terminate Su ersedeas was served by U.S. First Class Mail upon the following: Jeff Walters 32 Center Street Lot 18 Mt. Holly Springs, PA 17065 Heather Keister 32 Center Street Lot 18 Mt. Holly Springs, PA 17065 Susann B. Morris n, Esquire Salzmann Hughes, P.C. Supreme Court I.D. # 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiffs N C-") 1 C- ~-~ _f7 -.J {.- r; l.G~ -...-' r`~. ., _.... ~ i : - ~..~ f.~7 '9 "y ~2 :~.7 '- DAVID CLELAND AND BRENDA CLELAND, husband and wife, Respondents v. JEFF WALTERS AND HEATHER KEISTER, Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-3495 CIVIL LANDLARD/TENANT PETITION TO STAY/STRiI~ ORDER FOR POSSESSION AND/OR REINSTATE SUPERSEDERS AND, now comes Jeff Walters and Heather Walters (Keister), husband and wife, by there counsel, Karl E. Rominger, Esquire, and in support of their answer avers as follows: 1. A landlord/tenant action was filed on May 22, 2007, for eviction of the above captioned Defendants by the above captioned Plaintiffs. 2. After adverse decision by the District Judge a timely appeal was taken by filing with the Prothonotary's office. 3. On July 19, 2007, a Praecipe to Terminate Supersedeas was entered pursuant to Rule No. 1008 of the Pa.RC.P.M.D.J. for failure of the Defendants to pay monthly rent as required. 4. The Rule requires the monthly rent be paid into the Prothonotary. 5. Plaintiffs have instead been receiving the money directly from the Defendants who sent it to Plaintiffs. 6. The Praecipe to Terminate should be struck as the failure to comply with the Rule is deminimus insomuch as while the money has not been- paid into the Prothonotary it has been received by Plaintiffs. 7. In the alternative this Court should recognize that the Landlord in accepting payment directly and not through the Prothonotary, and as such there is a colorable claim that Defendants have retaken position of the premise and that new proceeding in eviction should be filed. 8. There is currently an Order from District Court 09-3-03 (attached as Exhibit "A") notifying the Defendants that as of August 2, 2007, Constable Kevin W. Preston intends to evict them. 9. Petitioners are requesting a hearing on these matters, and a stay of the eviction pending a hearing. WHEREFORE, Petitioners request either that the Supersedeas be reinstated or that the Order for Eviction be stricken so that these matters can be decided before this Court on the underlying complaint. Respectfully Submitted, Rominger & Associates r Date: July 27, 2007 Kxtl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioners DAVID CLELAND AND BRENDA IN THE COURT OF COMMON PLEAS OF CLELAND, husband and wife, :CUMBERLAND COUNTY, PENNSYLVANIA Respondents v. N0.:07-3495 CIVIL JEFF WALTERS AND HEATHER LANDLARD/TENANT KEISTER, Petitioners CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire certify that I this day served a copy of the within Petition To Stay/Strike Order For Possession Arld/Or Reinstate Supersedeas upon the following by depositing the same in the United States mail first class, postage prepaid in Carlisle, Pennsylvania, addressed as follows: Susann B. Morrison, Esquire SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, Pennsylvania 17015 Date: July 27, 2007 Respectfully Submitted, Rominger & Associates 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioners ' ~ c... ~~ nt .: G '" ' --r •-~~ _` ~` r cv ~ -ts r _- -.~ `"." `-' -r~ <. ; ~ ~~ ~~ w ~ ~ a "~ DAVID CLELAND AND BRENDA CLELAND, husband and wife, Plaintiffs v. JEFF WALTERS AND HEATHER KEISTER, Defendants NO.: 07-3495 CIVIL LANDLARD/TENANT NOTICE TO PLEAD TO: David Cleland and Brenda Cleland. c/o Susann B Morrison, Esquire SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, Pennsylvania 17015 You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: July 27, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully Submitted, Rominger & Associates 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants DAVID CLELAND AND BRENDA CLELAND, husband and wife, Plaintiffs v. JEFF WALTERS AND HEATI~R KEISTER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-3495 CIVIL LANDLARD/TENANT DEFENDANTS ANSWER TO COMPLAINT AND NEW MATTER AND, now comes Jeff Walters and Heather Walters (Keister), husband and wife, by there counsel, Karl E. Rominger, Esquire, and in support of their answer avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Answering Defendants are without sufficient information to admit or deny this paragraph. Strict proof of the same is demanded at trial. 7. Admitted in part and denied in part. By way of further answer she was living there with knowledge information of landlords. 8. Denied. Strict proof of the same is demanded at trial. 9. Admitted. 10. Admitted. By way of further answer this explains why Defendants may not have received the written letter. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. NEW MATTER 16. Previous paragraphs are incorporated by reference. 17. At all times relevant the landlord was aware that a third person was residing temporarily with Defendants. 18. Landlord was aware that this additional Berson was to be purchasing the trailer from Plaintiffs. 19. Landlord was and is satisfied with the current arrangement as Landlord has continued to accept rents from the tenants subsequent to the filing of this action and has allowed tenants to retake position by continuing to accept rents. VV)t~REFORE, Defendants respectfully request relief by denied and a judgment entered in their favor. Date: July 27, 2007 Respectfully Submitted, Rominger & Associates 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants DAVID CLELAND AND BRENDA IN THE COURT OF COMMON PLEAS OF CLELAND, husband and wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. N0.:07-3495 CIVIL JEFF WALTERS AND HEATHER LANDLARD/TENANT KEISTER, Defendants VERIFICATION Karl E. Ronunger, Esquire, states that he is the attorney for, Defendants Jeff Walters and Heather Walters (Keister) in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: July 27, 2007 1 E. Rominger, Esquire DAVID CLELAND AND BRENDA IN THE COURT OF COMMON PLEAS OF CLELAND, husband and wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO.:07-3495 CIVIL JEFF WALTERS AND HEATHER LANDLARD/'TENANT KEISTER, Defendants : CERTIFICATE OF SERVICE I, Kazl E. Rominger, Esquire certify that I this day served a copy of the within Defendants Answer to Complaint and New Matter upon the following by depositing the same in the United States mail first class, postage prepaid in Cazlisle, Pennsylvania, addressed as follows: Susann B. Morrison, Esquire SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, Pennsylvania 17015 Date: July 27, 2007 Respectfully Submitted, Rominger & Associates _----_ azl E. Rominger, Esquire 155 South Hanover Street Cazlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants C7 er`'.a ~; Q -n ~~ -..~ ~ ~r3 ~ =~~ " ~„ ~ G 7 t7 ~ L . ~...t DAVID CLELAND AND BRENDA CLELAND, husband and wife, PENNSYLVANIA Plaintiffs v. JEFF WALTERS AND HEATHER KEISTER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, NO. N0.07-3495 CIVIL LANDLORD/TENANT PLAINTIFFS' RESPONSE TO DEFENDANTS' PETITION TO STAY/STRIKE ORDER FOR POSSESSION AND/OR REINSTATE SUPER5EDEAS NOW, this 31st day of July, 2007 comes the Plaintiffs in the above-captioned matter by and through their counsel, SALZMANN HUGHES, P.C., and files this Response to Defendants' Petition to Stay/Strike Order for Possession and/or Reinstate Supersedeas, and in support thereof set forth the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Byway of further answer, Plaintiffs did not receive any monthly rent from Defendants from the date of appeal through and including the date the Praecipe to Terminate Supersedeas pursuant to Pa.R.C.P.M.D.J. No.1008 was entered by the Prothonotary on July 19, 2007. On or about July 23, 2007, after the Praecipe to Terminate Supersedeas was already entered, Plaintiffs received a check in the amount of Two Hundred Sixty Dollars ($260:00) from Defendants, which Plaintiffs returned to Defendants and did not accept. 6. Denied. By way of further answer, Plaintiffs did not receive any monthly rent from Defendants from the date of appeal through and including the date the Praecipe to Terminate Supersedeas pursuant to Pa.R.C.P.M.D.J. No.1008 was entered by the Prothonotary on July 19, 2007. Such failure to pay any monthly rent to the Prothonotary or to Plaintiffs within the required time period is not "deminimus", but rather a clear violation of Pa.R.C.P.M.D.J. No.1008. 7. Denied. By way of further answer, Plaintiffs did not receive any monthly rent from Defendants from the date of appeal through and including the date the Praecipe to Terminate Supersedeas pursuant to Pa.R.C.P.M.D.J. No.1008 was entered by the Prothonotary on July 19, 2007. Admitted that Plaintiffs obtained an Order for Possession from Magisterial District Judge Susan K. Day, with possession to be delivered by constable on August 2, 2007. 9. Denied. Byway of further answer, Defendants are not entitled to a hearing on this matter and a stay of the eviction since Defendants admit their failure to deposit monthly rent with the Prothonotary in violation of Pa.R.C.P.M.D.J. No.1008 and did not pay monthly rent to Plaintiffs prior to entry of the Petition to Terminate Supersedeas. Further, Magisterial District Judge Susan K. Day issued the Order for Possession and thus any request for stay therefrom should come from the issuing authority and not this Honorable Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny Defendants' Petition to Stay/Strike Order for Possession and/or Reinstate Supersedeas. Respectfully submitted, SALZMANN HUGHES, P.C By: /~J`~ u ~` Su ann B. Mo on, Esquire Salzmann Hughes, P.C. Supreme Court I.D. # 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiffs Date: July 31, 2007 DAVID CLELAND AND BRENDA CLELAND, husband and wife, PENNSYLVANIA Plaintiffs v. JEFF WALTERS AND HEATHER KEISTER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, NO. N0.07-3495 CIVIL LANDLORD/TENANT CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this 28th day of June 2007, a copy of Plaintiff's Response to Defendants' Petition to Stay/Strike Order for Possession and/or Reinstate Supersedeas was served by certified mail upon the following: Karl E. Rominger, Esquire Attorney for Defendants 155 South Hanover Street Carlisle, PA 17013 Susann B. Morrison, Esquire Salzmann Hughes, P.C. Supreme Court I.D. # 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiffs 0 o ~- ~ r. w ~ ~~ ~:;: ~ ~ ~-~ -~ ~ ~' ~ rn y-f N ~ -G DAVID CLELAND AND BRENDA CLELAND, husband and wife, Respondents v. JEFF WALTERS AND HEATHER KEISTER, Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA N0.:07-3495 CIVIL LANDLARD/TENANT AMENDMENT TO PETITION TO STAY/STRIKE ORDER FOR POSSESSION AND/OR REINSTATE SUPERSEDERS AND NOW comes Petitioners, Jeff Walters and Heather Keister, by and through their attorney, Karl E. Rominger, Esquire, and in support of their petition adds the following paragraphs: 10. No Judge in Cumberland County has ruled on this issue. 11. Opposing counsel, Attorney Susann B. Morrison is opposed to this petition. WHEREFORE, Petitioners request either that the Supersedeas be reinstated or that the Order for Eviction be stricken so that these matters can be decided before this Court on the underlying complaint. Dated: August 2, 2007 RESPECTFULLY SUBMITTED: ROMINGER & ASSOCIATES ,~ K .Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Petitioners -n ~ ~, -ct i x-rt t: _; ..~:, ui';~ -~..:: s N ~~ :.~ w;~~ ~ ~ ~~_, ~ .-.. .-t ~ ~ JUL 3 O 1DO'a ~/ DAVID CLELAND AND BRENDA IN THE COURT OF COMMON PLEAS OF CLELAND, husband and wife, :CUMBERLAND COUNTY, PENNSYLVANIA Respondents v. N0.:07-3495 CIVIL JEFF WALTERS AND HEATHER LANDLARD/TENANT KEISTER, Petitioners ORDER OF COURT AND, now this ''~~. day of "-" 2007, upon consideration of the within Petition, the Order for Possession issued by District Court 09-3-03 at Docket No.: LT-188-07 is -;~-~ ~~o-~w~~ -~/~ ~P f~u~~~'~(01~ S h.tluG2. ~.Q.'~lO.rhS~~ s the within r id hearing shall be r held on the ay of 1~`~~007, at 1/ ~ o'clock ., in Courtroom # t I~ the Cumberland County Cc Distribution: Karl E. Rominger, Esquire - ~C~a 155 South Hanover Street 1 y Carlisle, Pennsylvania 17013 ~~c~y q,~ P/~~o, Susann B. Morrison, Esquire ._. ~c ~ ~~ J~ P 3 D SALZMANN HUGHES, P.C. I ` / 7 3 54 Alexander Spring Road, Suite 1 Carlisle, Pennsylvania 17015 District Court 09-3-03 ~ CIo ~~~ /~ ~ ~ a 229 Mill Street, Box 167 P'/ C. Mt. Holly Springs, Pennsylvania 17065 c--~~ ~ ~ ° ~r_ ~' ~; ~ ~ .~.;_ t '~~ ~ ~ t~ ~ ~{~ ~~ ~``` ~ r 7 ~J~ Fi. ~. ' ~r~3y .t... F i i :t ~ p ~ t ~ DAVID CLELAND AND BRENDA CLELAND, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFF WALTERS AND HEATHER KEISTER, DEFENDANTS 07-3495 CIVIL TERM ORDER OF COURT AND NOW, this 'b ~ day of August, 2007, this matter having been called for a hearing and the parties having made a comprehensive agreement to resolve their entire dispute, IT IS ORDERED: (1) Plaintiffs shall remove their mobile home, all sheds, oil tank, and debris and trash from Lot 18 of defendants' mobile home park not later than August 20, 2007. All work necessary to accomplish such removal shall be done during daylight hours. (2} Plaintiffs shall no longer live in the mobile home while it is on Lot 18. (3) Plaintiffs shal{ pay July's rent of $230 and a pro rated share of August's rent until the date everything is moved off of Lot 18. Plaintiffs shall provide the rent money to their counsel who will forward it to counsel for defendants. In the same manner defendants shall pay $230.70 representing court costs and costs of a writ of possession before a Magisterial District Judge. (4) Upon completion of all of the above requirements, which may be enforced by contempt, the appeal will be dismissed in its entirety with prejudice By the Court, ~~ ~, Edgar B. Bayley, J. 1 ~ ~- r.a ~ `ri ~~i= ~z _ :_ ~ rn~ Ct.?~.' ~ ~~ T7C7 _ _ - ~ ~ t~ ~ . ...~~ .~' ~` (~,? "' Susann B. Morrison, Esquire For Plaintiffs Karl E. Rominger, Esquire For Defendants :sal DAVID CLELAND AND BRENDA CLELAND, husband and wife, Plaintiffs v. JEFF WALTERS AND HEATHER KEISTER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3495 CIVIL TERM PLAINTIFFS' PETITION FOR CONTEMPT AND SANCTIONS AND NOW, on this 3 ~ day of August, 2007, come Plaintiffs, DAVID CLELAND AND BRENDA CLELAND, husband and wife, by and through their attorneys, SALZMANN HUGHES, P.C., in support of this Petition for Contempt against Defendants, JEFF WALTERS AND HEATHER KEISTER, and respectfully represent that: The Plaintiffs, David Cleland and Brenda Cleland, are adult individuals residing at 65 Pinedale Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendants, Jeff Walters and Heather Keister, are adult individuals residing at 32 Center Street, Lot 18, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Plaintiffs are the owners of the Jenny Lee Mobile Home Park in Mount Holly Springs, Cumberland County; Pennsylvania. 4. Defendants rent Lot 18 at the mobile home park from Plaintiffs pursuant to a Mobile Home Park Lot Lease signed on December 5, 2005. 5. Defendants violated the Lease by permitting a guest, Stacy Dietrich, to stay with them on the property for more than seven (7) days without consent of Plaintiffs. 6. After Plaintiffs followed the proper procedure for eviction of a mobile home tenant for violation of the terms of the lease, Defendants failed to vacate the premises as directed in the Notice to Quit and Plaintiffs filed aLandlord/Tenant Complaint seeking possession with District Justice Susan K. Day on May 22, 2007. 7. On June 5, 2007, Magisterial District Judge Susan K. Day granted possession in favor of Plaintiffs along with costs in the amount of $112.35. 8. Defendants filed a timely appeal of the judgment. 9. Plaintiffs filed a Praecipe to Terminate Supersedeas for Defendants' failure to pay monthly rental as required by PA.R.C.P.M.D.J No. 1008 which was issued by the Prothonotary on July 19, 2007. 10. On July 23, 2007, an Order for Possession was served on Defendants giving them until August 2, 2007 to vacate the property. 11. On July 27, 2007, Defendants filed a Petition to Stay/Strike Order for Possession and/or Reinstate Supersedeas. 12. Plaintiffs failed to remove from the property and the Constable evicted them on August 2, 2007. 13. A hearing was held before the Honorable Edgar B. Bayley on August 6, 2007 at which time Plaintiffs and Defendants came to an agreement to resolve the dispute, which was memorialized in the Court's Order attached hereto and incorporated herein as Exhibit A. 14. In the agreement, Defendants agreed to remove "the mobile home, all sheds,. oil tank, and debris and trash" from Lot 18 of Defendants' mobile home park not later than August 20, 2007. 15. Defendants also agreed to pay July's rent in the amount of $230.00 and the pro rated shaze of August's rent until the date they removed all items from the lot along with $230.70 in costs to Plaintiffs. 16. To date, Defendants have failed to remove the mobile home, the sheds, debris and trash from the lot as agreed. 17. To date, Defendants have failed to pay July's rent, August's rent and the costs as agreed. 18. Despite agreeing to the terms of the agreement, Defendants knowingly, purposely and intentionally violated this Court's Order. 19. Defendants' Counsel, Karl E. Rominger, is opposed to this Petition. WHEREFORE, for the reasons set forth above, Plaintiffs respectfully request that this Court adjudicate Defendant to be in contempt and impose sanctions including but not limited to the following: Imprisonment of Defendants for a period of time deemed appropriate within the Court's discretion. 2. Payment of Plaintiffs' attorney's fees in the approximate amount of $1800.00. 3. Such further relief as this Court deems necessary, just and appropriate. Respectfully submitted, SALZMANN, HUGHES & FISHMAN, P.C. By: Susann B. M rrison, Esquire Supreme Court No.77041 354 Alexander Spring Road, Suite 1 Cazlisle, PA 17015 (717) 249-6333 Attorney for Plaintiffs Date: ~ 31 Q ~ DAVID. CLELAND AND BRENDA CLELAND, PLAINTIFFS V. JEFF WALTERS AND HEATHER KEiSTER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-3495 CIVIL TERM ORDER OF COURT AND NOW, this ~ ~ day of August, 2007, this matter having been called for a hearing and the parties having made a comprehensive agreement to resoFve their entire dispute, IT IS ORDERED: (1) Plaintiffs shall remove their mobile home, al! sheds, oil tank, and debris and trash from Lot 18 of defendants' mobile home park not later than August 20, 2007. All work necessary to accomplish such removal shall be done during daylight hours. (2) Plaintiffs shall no longer live in the mobile home while it is on Lot 18. (3) Plaintiffs shall pay July's rent of $230 and a pro rated share of August's rent until the date everything is moved off of Lot 18. Plaintiffs shall provide the rent money to their counsel who will forward it to counsel for defendants. In the same manner defendants shall pay $230.70 representing court costs and costs of a writ of possession before a Magisterial District Judge. (4) Upon completion of all of the above requirements, which may be enforced by contempt, the appeal will be dismissed in its entirety with prejudice. Edgar B. Bayley, J. ~EiIBYT A vE~ca,~oN The statements made in this Petition are true and connect to the best of Plaintiffs' knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 PaC.S.A. Section §4904, relating to unsworn falsification to authorities. David Cleland Cleland nau: ~~~,d - a 7 ~. a DAVID CLELAND AND BRENDA CLELAND, husband and wife, Plaintiffs v. JEFF WALTERS AND HEATHER KEISTER Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3495 CIVIL TERM CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this ~~day of August, 2007, a true and correct copy of Plaintiffs' Petition for Contempt and Sanctions was served by depositing the same with the United States Post Office, Carlisle, Pennsylvania, postage prepaid to the following: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Susann B. orri n, Esquire Date: ~ r~a C~. ._._, .--1 i-r r ~ ~ G" ~ .. .z ~~ r f~- ..~ ~ f t r,''. f- . z . ~ t._ ~ ~ ~~ ~,,,,_ ~t RULE TO SHOW CAUSE AND NOW, this "1'""day of 2007, upon consideration of Plaintiffs' Petition for Contempt and Sanctions, a rule is granted upon Defendants, Jeff Walters and Heather Keister, to show cause why Plaintiffs' petition should not be granted in the above-captioned matter. , j,~ Rule returnable the ~-day of , 2007, at ~ ,3~ o'clock am/~, in Coumoom # 2, Cumberland County Courthouse, Cazlisle, Pennsylvania. .. 'SEP p DAVID CLELAND AND BRENDA : IN THE COURT OF COMMON PLEAS OF CLELAND, husband and wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 07-3495 . CIVIL TERM JEFF WALTERS AND HEATHER KEISTER Defendants BY THE Distribution: ~usann B. Morrison, Esquire SALZMANN HUGHES, PC 354 Alexander Springs Rd, Suite 1 Carlisle, PA 17015 y ~azl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 ~'~ Edgar B. Bayley, J. ~- r- ~~ q ~~ _ `~ -~ . ,^ - L .- .._ . ~~ 1 --- _) U~..F L7„ ~ ; .:F? . , _ ~L tLJ ~ ~, E C/> r..t ~` _~ ~~ ~ ~ ~++. ~: N C,.? DAVID CLELAND AND BRENDA : IN THE COURT OF COMMON PLEAS OF CLELAND, husband and wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. N0.07-3495 CIVIL JEFF WALTERS AND HEATHER LANDLORD/TENANT KEISTER . Defendants ORDER OF COURT AND NOW, this ~Z day of 2007, the hearing scheduled for September 14, 2007 on Plaintiffs' Petition for Contempt and Sanctions is continued generally, to be re-listed at the request of either party. ~sann B. Morrison, Esquire For Plaintiffs arl E. Rominger, Esquire i For Defendants J By the Edgar B. Bayley, J. ~ ~? .x - ,~~ C7 '~ r -`~ - ~ cz.. ~ ~ ~i o U cv