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HomeMy WebLinkAbout07-5780COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 07 - - 790 61, 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. 9+ 3-0 V6 4? 7-_a00da 060,-0 -7 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. (see /Z /i before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. so-t- CfP-'WndWy-D#P* 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. 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 c Name of appell-w (Common Pleas No. within RULE: To G.L '4 , appellee(s) Na a pee(s) appellant or 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. r Date: Q 20 O7 CI:z unt Of a oePuly YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 appellee(s), to file a complaint in this appeal after service of rule or suffer entry of judgment of non pros. WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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 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 ? b sender's receipt attached hereto. Y (certified) (registered) mail, (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 a Signature ofaffiant C") ?v C- ° C3 ` n . 4.d ?? i e t )rn V : "w COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CDMBERLAND Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 8 SPORTING HILL RD MECHAMICSBURG, PA Telephone: (717 ) 761-8230 17050 CHAD WELCOMER, SR. 2100 CEDAR LANE EMOLA, PA 17025 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rLEIBY'S MOBILE HOME COMMQMITY 7075 CARLISLE PIKE CARLISLE, PA 17015 L J vs. DEFENDANT: NAME and ADDRESS f-WELCOMER, SR., CHAD, ET AL- 2100 CEDAR LANZ ENOLA, PA 17025 L J Docket No.: LT-0000600-07 Date Filed: 9/11/07 THIS IS TO NOTIFY YOU THAT: Judgment: a Judgment was entered for: (Name) 1EINUL U111 LEIBY' S MOBILE HOMB C01OIIIIIITY i n a Judgment was entered against WELCOMER, SR. CHAD rd/Tenant action in the amount of $ 905.50 on 9/25/07 (Date of Judgment) dl 00 26 ® L o an . . The amount of rent per month, as established by the Magisterial District Judge, is $ 3 The total amount of the Security Deposit is $ 100.00 Total Amount Established b MDJ Less Security Deposit Applied = 00= Adjudicated 652 00 $ . Rent in Arrears $ Physical Damages Leasehold Property $ 52.00 -$ . 89.00 .00= - $ 0 - $ - 00 _ gg 00 $ $ " 00 Damages/Unjust Detention $ _ 0 Less Amt Due Defendant from Cross Complaint - $ . 00 Interest (if provided by lease) $ 40 - 00 L/T Judgment Amount $ 751.00 ? Attachment Prohibited/ Judgment Costs Attorney Fees $ 124.54 $ -nn 42 Pa.C.S. § 8127 Total Judgment 905.50 $ ? This case dismissed without prejudice. Post Judgment Credits $ F-1 Possession granted. Post Judgment Costs $ Certified Judgment Total $ ® Possession granted if money judgment is no satisfied by time of evicuon. ? 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 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 JUDGMENT/TRANSCRIPT 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 JU.0GMEkT 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 sate ngs sterial District J isterial District Judge 6 7 Date ANIA NOTICE OF JUDGMENT/TRANSCRIPT COMMONWEALTH OF PENNSYLV D SE RESIDENTIAL COUNTY OR CDMBERI? PLAINTIFF: NAME and ADDRESS -, Mag. Dist. No.: IZIBY' S MOBILE HOME COMMUNITY 09-3-04 7075 CARLISLE PIKE MDJName: Hon. CARLISLE, PA 17015 THOMAS A. PLACEY J Address: 104 S SPORTING HILL ED L VS. MECEANICSBURG, PA DEFENDANT: NAME and ADDRESS 761-8230 17050 549LCOMER, SR., CHAD, ET AL. Telephone: (717 ) 2100 CEDAR LANE ENOLA, PA 17025 J L AMANDA WELCOMER Docket No.: LT-0000600-07 2100 CEDAR LAMS Date Filed: 9/11/07 ENOLA, PA 17025 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: (Name) LE [By, 3 NOOSIALB HOME CO!®I[MNITY in a judgment was entered against 1lTSLCOMER ?3 Landlord/Tenant action in the amount of $ .-on 9/25/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 326.00. The total amount of the Security Deposit is $ 100.00 Applied = Adjudicated Amount Total Amount Established b 52 J00 ss Security Deposit AppI00= $ 652.00 FDamages/U in Arrears $ 89.00-$ $ .00= $ 89.00 sical Damages Leasehold Property $ _ 00 _00 _00 njust De tention $ 00 Less Amt Due Defendant from Cross Complaint - $ _ Interest (if provided by lease) $ 40 -no LIT Judgment Amount $ 781.00 Judgment Costs $ 124.50 ? Attachment Prohibited/ 42 Pa.C.S. § 8127 Attorney Fees $ _ 00 905.50 Total Judgment $ ? This case dismissed without prejudice. Post Judgment Credits $ F-1 Possession granted. Post Judgment Costs $ Certified Judgment Total $ ® Possession granted if money judgment is no sa isvea Dy lime ul GVl1,L1U11. ? 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 AS, RC VIIL OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE DIVISION THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. LINTS OF THE COURT COMMON PLEAS, ORDER TO OBTAIN A SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER O THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES DA E OF ENTRY OF JUDGMENT IN WHICH TO OFFILA JUDGMENT E A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK I 30 OF DAYS AFTER THE THE COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ENTITRANSCRIPT FORM NOTICE THE PARTY FILING APPEAL IN THE RULES OF CIVIL OPROCEDURE FOR MAG SITERIAL DISTRICT JUDG S, IF TH JU GMENTOF APPEAL. EXCEPT AS OTHERWISE E PROVIDED URT N PLEAS, ALL COM FURTHER HOLDER ELECTS TO ENTER THE JUDGMENT IN THMAY OBE ISSUED BY OTHE MAGISTERIAL DISTRICT JOUDCESS GE MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS 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 s a true an A-) &V /7'/ Date Magisterial District Judge ning t e ??' gmen . Magisterial District Judge SFAI r ?. 1:3 - .- cc ; m co Ul ym'ied Fee I riehun Receipt Pee O (E.ndorsement Required) D Restricted Delivery Fee (Endorsement Required) a `-? Total Postage & Fees ru - Zawi To O to ; C7 or PO Box No. 247 2 5 bstmark Here 0 N Arl ?r Le--C_-._?-------------------- Se? Rever?e for instructions 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF 4t, (G. a ; ss AFFIDAVIT: I hereby (swear) (affirm) that l served 07- J M0 a copy of the Notice of Appeal, Common PleasQZ5?, upon the District Justice designated therein on (date of service) , 20 , 19 by personal service by (certified) (registered) mail, o, Z - IF sender's recipt atta ed hereto, and upon the appellee. (name) 14-1 on 20C) ) A?' by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFfI`RMED) AND SUBSCRIBED BEFORE ME THIS Ii DAY OF c 20a-1 Sign re ofoftf a! efore whom affidavit was made Title of official My commission expires on 1 ja j/ 1 5' 20?? ., dJl!'p4111 V Notarial Sealy Public 11na M. lkobertcon, and County EVres Nov. T COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 4:= J n 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. MAG. DIST. NO. NAME OF D.J, NAM OF APPELLANT To 57- 3 14 11 i AT , ADDRESS OF APPELLANT 'f[Ty F JUDGM THE CASE OF (PleWfi) (Derendw t) f '7 5 f; ; ?? d ?? i ?`o'? (?? a`` ?°_ t. '9 C..tif v,? C;/? .tom t , . ' 4°x~"_067046' c»-0 7 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 SUPERSEDEAS to the judgment for possession in this case. SWwtum of Phgh-wtsy a DOPUY wvis ClaimanP (see Pa. R.C.P.D.J. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing 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. 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 r .'r'1 fir` appellee(s), to file a complaint in this appeal Name or aWeuee(s) (Common Pleas No. ' . )within twenty (2% days after service of rule or suffer entry of judgment of non pros. tre of apperlanr or erbmey ar agerlr RULE: To> appellee(s) Name Wee(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_poi`son' (gd vice or by certified or registered mail. (2) If you danot file a complaint withid this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The'date of service of this rule if service was by mail is the date of the mailing. Date: ,., 20 wIa of: Svw tY Deputy YOU MUST,INCLUDE A COPY,Of, ,..HE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 Sri L \',,•.i,\.7`?'? ?? :.'i ti ll. ?a?C+ WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY 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. CHAD WELCOMER, SR., also known as CHAD WELCOMER, and AMANDA E. WELCOMER, also known as AMANDA WELCOMER, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 07 - 5780 CIVIL ACTION - LAW Landlord/Tenant N O T I C E You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street CARLISLE, PENNSYLVANIA (717) 249-3166 1-800-990-9108 G?'vv By: 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 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. CHAD WELCOMER, SR., also known as CHAD WELCOMER, and AMANDA E. WELCOMER, also known as AMANDA WELCOMER, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : 07 - 5780 : 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 Chad Welcomer, Sr., also known as Chad Welcomer, and Amanda E. Welcomer, also known as Amanda Welcomer, are husband and wife, (hereinafter referred to as "Defendants"), who presently reside at 2100 Cedar Lane, Enola, Pennsylvania. 4. Defendants, collectively, are currently leasing Lot No. 7 in Plaintiff's manufactured home community in accordance with an agreement dated October 13, 2003 (hereinafter referred to as "agreement", a copy of which is attached hereto as Exhibit "A". 5. As a result of modification to the agreement, Defendants are required to pay Plaintiff's monthly rent in the amount of three hundred fourteen dollars ($314.00) for three (3) 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 on or about May 1, 2007. 10. On or about August 1, 2007, Defendants failed to pay lot rent to Plaintiff in the amount of $314.00. 11. On or about August 11, 2007, Defendants were charged a twenty dollar ($20.00) late fee for Defendants failure to pay August rent. 12. On or about September 1, 2007, Defendants failed to pay lot rent to Plaintiff in the amount of $314.00. 2 13. On or about September 11, 2007, Defendants were charged a twenty dollar ($20.00) late fee for Defendants failure to pay September lot rent. 14. On or about October 1, 2007, Defendants failed to pay lot rent to Plaintiff in the amount of $314.00. 15. On or about October 11, 2007, Defendants were charged a twenty dollar ($20.00) late fee for Defendants failure to pay October lot rent. 16. On or about August 1, 2007, Defendants failed to pay a water and sewer bill to Plaintiff in the amount of forty-six dollars and fifty-four cents ($46.54). 17. On or about September 1, 2007, Defendants failed to pay a water and sewer bill to Plaintiff in the amount of forty-four dollars and twenty-five ($44.25). 18. On or about October 15, 2007, Defendants failed to pay a water and bill to Plaintiff in the amount of fifty-three dollars and ninety-nine cents ($53.99). 19. On or about August 1, 2007, Defendants failed to pay a trash bill to Plaintiff in the amount of $12.00. 20. On or about September 1, 2007, Defendants failed to pay a trash bill to Plaintiff in the amount of $12.00. 21. On or about October 1, 2007, Defendants failed to pay a trash bill to Plaintiff in the amount of $12.00. 22. 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. 3 23. Defendants have an overpayment or credit due theme of $1.79 for the month of August 2007. COUNT I. EVICTION/EJECTMENT 24. Paragraphs 1 through and including 22 hereinabove are incorporated herein by reference thereto. 25. On August 17, 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 twenty (20) days. A copy of the August 17, 2007 notice is attached hereto as Exhibit "B.. 26. Defendants failed to pay monthly rent, late charge, water and sewer amounts pursuant to said notice within the twenty (20) day period. 27. Defendants failed to pay monthly rent, late charge, water, trash and sewer billings for the months of August, September and October, 2007. 28. By operation of law, Plaintiffs are entitled to possession of Lot 7 of the manufactured home community and Defendants are no longer permitted to remain in the park for failing to comply with the agreement. 29. Defendants continue to store their manufactured home on Plaintiff's lot without Plaintiff's consent. 30. Defendants continue to store personal property on Plaintiff's property without Plaintiff's consent. WHEREFORE, Plaintiff respectfully requests that this 4 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. 7, and award Plaintiff money damages and lost profits in an amount in excess of one thousand, three hundred five dollars and forty-nine cents ($1,305.49), an amount requiring compulsory arbitration; and (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 II. BREACH OF AGREEMENT 31. Paragraphs 1 through and including 30 as set forth above are incorporated herein by reference thereto. 32. 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. 33. 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. 34. Plaintiff is entitled to an amount of money damages and lost profits in an amount in excess of One thousand, three hundred five dollars and forty-nine cents ($1,305.49). WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment against Defendants and in favor of Plaintiff, and request 5 that this Court enter an award for money damages and lost profits in the amount One thousand, three hundred five dollars and forty-nine cents ($1,305.49), an amount requiring compulsory arbitration, an amount requiring compulsory arbitration, plus costs. COUNT III: TRESPASS 35. Paragraphs 1 through and including 45 are incorporated herein by reference thereto. 36. As a result of continually maintaining a manufactured home and other possessions on Lot No. 7 of the Leiby's Mobile Home Park, Defendants have deprived Plaintiff of the full use and enjoyment of Plaintiff's property. 37. 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 (1) direct that Defendants immediately move the manufactured home located on Lot No. 7 and award Plaintiff money damages and lost profits in an amount in excess of One thousand, three hundred five dollars and forty-nine cents ($1,305.49), an amount requiring compulsory arbitration; and (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/OUANTUM MERIT 6 38. The averments of Paragraphs 1 through and including 37 hereinabove are incorporated herein by reference thereto. 39. 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. 40. 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, three hundred five dollars and forty-nine cents ($1,305.49). 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 in the amount One thousand, three hundred five dollars and forty-nine cents ($1,305.49) in favor of Plaintiff and against Defendants, an amount requiring compulsory arbitration, plus costs. Respectfully submitted, Date : October 2?L 2007 4044)0 Andrew C. Sheely, Es re 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: October -,C4, 2007 ara A. Martin, A t COPY LEZBY'S MOBILE HOME PARK 7073 Carlisle Pike Carlisle, PA 17013 Phone: (717) 697-1321 Introduction Base Rental Fee Corner Lot Additional Occupants Total Rent Due e2PA . (Y) It is cement's wish that Leiby's Mobile Horne 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 full 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. RENTAL - The lot space rental fee shall be ?190?-66 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 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 mouth 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 fm,shall be payable in advance on the first day of each month. If the resident remains in possession' for even one day of an additional month, thm rent shall be due for that entire month. The monthly rental shall be dished PIY 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 1" 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 l0te 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. b. RESIDENTIAL USE/SALE 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 manuf'ac'tured home is sold to a buyer who is not approved by A/Ianageraent, the sale will be valid but the new purchaser will not considered a resident and the manufacuued 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. 7. LIA MMY - 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 responsrbRity 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. 8. L.OT MA?w' N- MCE _ 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 i high will be mowed by the Management and billed to the resident of that lot space at the rate of $20.04 per cutting. 9. ADDMONAL DiPROMIENTS - A CLEAN, NEAT, WELL MAINTAMED 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. TANW - 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 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 1'. 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 LUXES - Residents are responsible to see that heating tapes are placed on water lines. Please be certain that tape "ls 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 ANTENM - No television or radio antenna(s) are permitted. 17. Fl l iM - No fences are permitted in the Park. 18. - 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. DANGER. M -ACi'IY]MM - 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. CRXIIMAI, ACITYITY - Any resident who is hereafter arrested for and/or convicted of or pleads guilty to a felony, public tnkenness, or engages in the selling or use of drugs or immoral conduct within or outside the Park, shall be subject to eviction. 21. LXDRY RQUM - No loitering in the laundry room is permitted- Any person under the age of sixteen must be acooampan ed by an adult when entering the laundry room and/or using the washers and dryers. 22. BAY - No person will be permitted to roam or ride bicycles, skate boards or any form of vehicle propelled by toot or hand power in the Park after sunset. 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 amnzdingly. There is a penalty of SM.00 for violating this rule. This also applies to all visitors and guests who bring their dogs along while visiting you. 24. SQTION - Residents are permitted to invite to their homes such vendors as trades, 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 soliatt in the community. Residents are requested to notify the community office immediately of vendors opting 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. I.II MATION OF UMS IIAU3I"Y - The Park shall not be liable for any damage or ityury which may be susmined' 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 intcfertnct with, Lin 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. FEE - Fire of any kind, except barbeque grills, are prohibited. 27. A)CM - Axles may not be removed from any home in the Park. 28. TAXES, REMOVAL. OF ROAM - Residents must pay all real estate taxes assessed and levied against the horse. Rests 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 asses 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. MANAGOMMS RlCd S A POSMMON - 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 Managennent shall have the right to move the home to the storage area of the community or to such other location as the" Management deems 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 descril)ed 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. REFUSE - All garbage is to be placed in the container at the rear of the Park. No plastic bags or trash are to be set onthelawn or patio. 31. SHRUBS, PLANTS - Anything planted in the ground on the manufactured home lot, whether such planting is accomplished by the IVianagerrbent 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 UNM - All rental units are to be left in the same condition as upon entering. 33. SUPPI.E1111ENTAL HEATERS - Absolutely no kerosene heaters are allowed in rental units. Traffic and Ve 34. LCENSED DRIVERS - Only licensed drivers with valid licenses are permitted to operate motor vehicles in the Park. 35. PAREM - 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. T ICFNSES V ICIES - 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. 37. AEAhU2QNW VESICLES - 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. y CLE REPAW - 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. The speed limit in the Park is S MPH. 40. CQ CYAL YE MM - Parking of any type of commercial vehicle is prohibited unless approved in writing by the Park Management. 41. ACg=ogy VEHICLES - 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 pad=9 is Shed off-site saxage is reguirc& 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. - No motorcycles are permitted in the Paris. Ckpcratim of non4mvcnficnat vehicles, such as mirubikes, dune buggies,, snowmobiles, 3 and 4 w , and W4wm within the aoah?unity 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- I, have read and fully understand my obligations as a resident in I.tcWs Mobile Homo Park, and acknowledge receiving a copy of the notice requircd by Section 4 of the Mobile Hams Parks Rights Act No. 261. Co unity Man er Rlldent L6 :?13 66 Date V om)-? (1)-.Q 0 MMI ka RA?ent OWA(k 39moew wov? 99000 697-.13.2,1 Iqorf,tc,jw "SEEDY-10 ?' v> to Y°u as.?` s d tb? n° of ©f 5? ? to WWAV bas not (20) f A XI 40 - 26 that jucvqi,?" to pe We yvui Uc not n e is we ibta b F _ ? coowooooe VMS due? mat, Pi's' 20 (20) dam ° -' ., a? to vs by t? ??- .six days lot ? if You peY tb--o l VIWW o0 ski alp afY Your fat°° ag I?ayo be e to,t vim sue" &cd abovr-, but s9P WVL AS 0so day PC"Od 4*, ciao i1° ??to ru- C+) tutbcx 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: Chad Welcomer, Sr. A/k/a Chad Welcomer Amanda E. Welcomer a/k/a Amanda Welcomer 2100 Cedar Lane Enola, PA 17025 Owl ° (5?-p Date: October 2-2, 2007 Andrew C Sheely, squire 1 N f x-11 ? -'J -„ ., Seel LEIBY'S MHC, LLC AN THE COURT OF COMMON PLEAS T/A AND DBJA :CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK : Plaintiff : 07-5780 VS. CHAD WELCOMER, SR., also CIVIL ACTION - LAW known as CHAD WELCOMER and AMANDA WELCOMER, also known as AMANDA Landlord/Tenant WELCOMER, husband and wife Defendants Praecipe for Entry of Appearance Please enter my appearance on behalf of the Defendants above. Geoffrey M. Biringer MidPenn Legal Services 401 E.Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 A ? c?a .`1 ?? ? ?-. ?:: ?? ,,,,.. ?? +. ?° ?? ; ;? _. ..... r_. Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg PA 17055 PA ID NO. 62459 717-697-7050 Phone) 717-697-7065 Fax) LEIBY' S M C, LLC T/A AND D /A LEIBY' S MOBILE HOME PARK, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 07 - 5780 CHAD WEL COMER, SR., also known as CH AD WELCOMER, and : AMANDA E WELCOMER, also : known as AM ANDA WELCOMER, : husband and ife, Defendants 7 CIVIL ACTION - LAW Landlord/Tenant PRAECIPE TO SATISFY. SETTLE AND DISCONTINUE TO: CURT S R. LONG, PROTHONOTARY, CUMBE ND COUNTY COURTHOUSE CARLISL , PA 17013 mark the above-caption action settled, satisfied and discontinued. Date: 0;1 ly f 0 Andrew C. Sheely, Esquir Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, Pennsylvania 17055 717-697-7050 717-697-7065(fax) z3?a; C. i ? IDD ' ? y d. Andrew C. She ly, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 624E9 717-697-7050 (Phone) 717-697-7065 (Fax) LEIBY'S M HC, LLC IN THE COURT OF COMMON PLEAS T/A AND D/ /A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY' S MOBILE HOME PARK, Plaintiff vs. 07 - 5780 CHAD WELCOMER, SR., also known as CHAD WELCOMER, and : AMANDA E WELCOMER, also CIVIL ACTION - LAW known as AMANDA WELCOMER, : husband and wife, : Landlord/Tenant Defendants PRAECIPE TO SATISFY, SETTLE AND DISCONTINUE TO: CURT S R. LONG, PROTHONOTARY, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 mark the above-caption action settled, satisfied and discontinued. Date: Geoffrey M. Biringer, Esquire Attorney for Defendant 401 E. Louther Street Suite 103 Carlisle, Pennsylvania 17013 717-243-9400 717-243-8026 (fax) A _ . Err