HomeMy WebLinkAbout08-2788Nummumvirr-AL 1 n Ur 1'CI4IVITLV
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM y/,Yp/, je
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
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.
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This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in thi4*se.
was claimant (see Pa. R.C.P.D.N. No.
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after riling 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
Ql?/(?r/? jl "QR f(? t'/ appellee(s), to file a complaint in this appeal
Name of appeffee(s)
(Common Pleas No. 7 ??' ) within twenty (20) days afte service of rule or suffer entry of judgment of non pros.
Signature of appellant o homey or agent
RULE: To appellee(s)
Name of aapppalllea(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.
Date: 200
S h of P onotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT 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 OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN T5N (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,
on
sender's receipt attached hereto, and upon the appellee, (name)
20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
Signature of official before whom affidavit was made
Title of official
My corr?mission expires on
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Signature of affiant
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. OF - a 7F 7 Civil. if 24(520>
To
Prothonotary
19
Attorney for Pt*ftiff- ,
No.
Term, 19
vs.
PRAECIPE
Filed
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Atty.
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COMMONWEALTH OF PENNSYLVANIA
r`nl IKITV nt=• C1=ZRLAND
May. Dist. No.:
09-3-03
MDJ Name: Hon.
SUSAN E. DAY
Address: 229 MILL ST, BOa 167
MT. HOLLY SPRINGS, PA
Telephone: (717 ) 486-7672 17065
ATTORNEY DRY PRIVATE :
GEOFFREY N. BIRINGER
401 E LOUTHER ST STE 103
CARLISLE, PA 17013-2625
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS -I
r-COUNTRY KANOR WEST
2 APPLE ALLEY
CARLISLE, PA 17015
i
L VS. --
DEFENDANT: NAME and ADDRESS
1INBALL, MERLE
6-S SPRUCE LANE
CARLISLE, PA 17015
L J
Docket No.: LT-0000111-08
Date Filed: 3/27/08
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PT sT>tamTxtr
® Judgment was entered for: (Name) COUNTRY MANOR WEST
Judgment was entered against KIMBALL N=LE in a
® Landlord/Tenant action in the amount of $ 999.35 on 4/21/08 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 371.00.
The total amount of the Security Deposit is $ 100.00
MDJ Less Securit y Deposit App100_ Adjudicated Amount
Total Amount Established u
Rent in Arrears $ 877' 59 $
Physical Damages Leasehold Property $ .00-$ .00°
Damages/Unjust Detention $ -00 - $ _ nn-
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
? Possession granted.
Total Judgment
$ 877.59
$ .00
$ _00
$ .00
$ _00
$ 877_59
$ 121.76
$ _00
$ 999.35
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
Possession granted if money judgment is no sa Is Ie y time o evlc ion.
? 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 MAYBE ISSUED BY THE 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.
t Date Magisterial District Judge
judgment.
certify that this is a true an or y o the record the ocee ings containing the
Date 6 Magisterial District Judge
COUNTRY MANOR WEST
Plaintiff
VS.
MERLE KIMBALL
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:DOCKET No. 08- 21 ?? CIVIL
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow MERLE KIMBALL to proceed in forma pauperis. I, Geoffrey M.
Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the
party is unable to pay the costs and that I am providing free legal service to the party.
Geoffrey M. Biringer
MIDPENN LEGAL SERVICES
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
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PROOF OF SERVICE OF NOTICE OF APPLEAL AND RULE TO FILE COMP LA l \
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Chi i I i boxes.)
COMMONWE H OF PENN YLVANI
COUNTY OF ; ss
AFFIDAVIT. I hereby (swear) (affirm) that l served
a copy of the Notice of Appeal, Common Pleas upon the District Justice dekko ik ein on
(date of service) 9 0 .20 y?i ? by personal service i by (certifir-) a d) mail,
sender's receipt attached hereto, and upon the appellee, (name)
201dfj ? by personal service y (certified) (re?i iy%. li,
sender's receipt attached hereto.
(SWORN) FFIRMED) AN TBSCRIBED BEFOf?F Mr:
T DAY OF 20
Signature of ofBciaf before whbm affidavit was made
Title of official j
My commission expires on , 200.
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CommkWw E)q*es April 4,20W
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 61 e
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.
04,0541 1141
ADDRESS
s / } 0ATATE ZIP CODE
6 "P 4/ e OF APPELLANT
LAN 4 CITY
6 0- DATE O JUDG NT 1 THE CASE OF (Plaintiff) (Defendant)'
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wrsr 06;z&34
DOCKET No. SIGNAT E OF APPELLANT OR ATTORNEY OR AGENT
-7 0 y 315_?
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.Y. No. 1001(6) in action
R.C.P.D.J. No. 10086.
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 fir possession in this'se.
(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 Ce9AJ7-k appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ) within twenty (20) days aft service of rule or suffer entry of judgment of non pros.
signature of appeuant oAbtforney or agent
RULE: To eac r rky 4",0 A,e fr appellee(s)
Name o appeffee(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.
Date: 20 G) r? ?_
of ry or Deputy
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 - APPFI I ANTIC Il^-
0
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff
No. 2008-2788 CIVIL
V.
MERLE KIMBALL
Defendant
CIVIL ACTION - LAW
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED to plead to the above referenced Complaint on or before
twenty (20) days from the date of this Complaint or a Judgment will be entered against you.
NOTICE
IF YOU WISH TO DEFEND, you must enter a written appearance personally or by attorney
and file your defenses or objections in writing with the court. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you
without further notice for the relief requested by the plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE,
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Dated: -O cl Respectfully submitted,
BY:
seph N. Gothie, Esquire
I.D. No. 80390
111 E. Market Street
suite 101
York, PA 17403
(717) 848-8455
Attorney for Plaintiff
2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff
No. 2008-2788 CIVIL
V.
MERLE KIMBALL
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW, TO WIT, this 19th day of May, 2008, comes the Plaintiff, COUNTRY
MANOR WEST, by its attorney, Joseph N. Gothie, who files this Complaint, of which the
following is a statement:
1. The Plaintiff is a real person, Frank T. Perano, operating under a fictitious
name of Country Manor West, registered on July 22, 2005 with the Corporations
Bureau of the Pennsylvania Department of State.
2. Plaintiffs business address is 2 Apple Alley, Carlisle, PA, 17015.
3. The Defendant Merle Kimball is an adult residing at 6-S Spruce Lane,
Carlisle, PA 17015.
4. The Plaintiff owns the lot at which the Defendant occupies a mobile home
owned by Defendant.
3
5. Defendant rents the mobile home lot from Plaintiff at 6-S Spruce Lane,
Carlisle, PA 17015.
6. Defendant, in accordance with the lease, pays Plaintiff a monthly lot rent
of $371.00, due and payable on the first of each month. The lease agreement is
attached hereto as Exhibit A.
7. Defendant occupies the lot subject to the terms and conditions of the lease
as well as park rules established by Plaintiff as authorized by the Mobile Home
Park Rights Act. The community rules are attached hereto as Exhibit B.
8. Defendant purchased a mobile home from Green Tree Consumer Discount
Company ("Green Tree"), which it is believed and therefore averred, was a home
repossessed by Green Tree from an unrelated party.
9. At the time of the sale of the home, Green Tree had not paid rent for
several months.
10. Plaintiff s long-standing, standard policy is not to allow applicants to
move into a home without all rent associated with the lot being paid in full, as
was the case in the instant matter.
11. This policy was explained to Defendant during the tenant application
process.
12. Defendant agreed to pay all back-due amounts owed by Green Tree.
4
13. Plaintiff in no way interfered with Defendant's right to remove the
mobile home he purchased from Green Tree to a different location.
14. At the time Defendant applied for residence in the community, lot rent
was $361.00 per month.
15. Defendant applied for residence in Country Manor West on or about
February 16, 2007.
16. Plaintiff charged Defendant the full lot rent for February of $361.00.
17. On or about February 16, 2007, Defendant paid $1,000.00 in cash,
including his first month's rent of $361.00.
18. Included in the February 16, 2007 payment of $1,000.00 from Defendant
to Plaintiff was a charge of $100.00 for Defendant's security deposit.
19. Defendant eventually did pay the $183.00 balance, for a total payment of
$1,183.00.
20. Approximately a year later, Defendant stopped paying lot rent and
demanded credit for the amount he paid on behalf of Green Tree.
21. Plaintiff refused to give any credit for that amount to Defendant.
22. The amount in dispute does not exceed the amount required to be
submitted to arbitration pursuant to the Pennsylvania and Cumberland County
Rules of Civil Procedure.
5
23. All relevant circumstances involved occurred in. Cumberland County,
Pennsylvania, vesting jurisdiction of the matter with the Court of Common Pleas
for Cumberland County, Pennsylvania.
COUNT I - BREACH OF CONTRACT
24. Paragraphs 1-23 are hereby incorporated as though more fully set forth
herein.
25. Defendant and Plaintiff entered into a contract for lot rent.
26. The contract also obligates Defendant to pay utility fees associated with
the lot to Plaintiff, specifically water.
27. The contract requires Defendant to pay rent at $12.00 per month to
Plaintiff for an R.V. (recreational vehicle) parking space.
28. The contract requires Defendant to pay a late fee where any rent remains
due and payable following the fifth day of the month, a $1.00 per day late fee
applies until the fifth day of the following month.
29. The contract requires Defendant to pay a billing charge of $10.00 if a late
charge invoice is required to be generated where Defendant does not fully satisfy
all late rent.
30. Interest at the rate of 1.5% per month is applied to any outstanding late
water bill.
31. Defendant has failed to fully pay all obligations under the contract.
6
32. Defendant has failed to timely pay all his obligations under the contract.
33. Defendant's failure to pay has resulted in a breach of the contract.
34. Defendant's failure to pay has harmed Plaintiff, causing Plaintiff to suffer
money damages.
35. Plaintiffs money damages suffered to date are itemized below:
(a) March 2008 rent: $371.00
(b)March 2008 late fee: $41.00 (31 days plus $10.00 billing charge)
(c) April 2008 rent: $371.00
(d)April 2008 late fee: $40.00 (30 days plus $10.00 billing charge)
(e) May 2008 rent: $371.00
(f) May 2008 late fee: $14.00 (as of 5/19/08)
(g) Water bill: $53.38 plus accrued interest and new usage since the last
quarterly bill was issued in March, 2008.
(h)R.V. space for February, March, April, May of 2008: $48.00
36. Plaintiff continues to suffer money damages on an ongoing basis with
each month that passes where Defendant fails to pay as required under the
contract, including rent payments, R.V. space payments, late fees, billing
charges, water payments, and interest as indicated above and pursuant to the
contract.
7
WHEREFORE, Plaintiff seeks entry of a money judgment in its favor and as
against Defendant in the amount of $1,309.38 plus costs, interest, continuing
damages, and any other relief determined by the Court to be appropriate under
the circumstances as a result of Defendant's breach of the contract with Plaintiff.
COUNT II - EVICTION PURSUANT TO LANDLORD TENANT ACT
AND MOBILE HOME PARK RIGHTS ACT
37. Paragraphs 1-36 are hereby incorporated as though more fully set forth
herein.
38. Plaintiff is the owner of the real property commonly referred to as
Country Manor West.
39. Plaintiff rents a mobile home lot Defendant, upon which Defendant
maintains a mobile home.
40. Upon Defendant's failure to pay rent timely as described above, Plaintiff
provided a notice of nonpayment to Defendant pursuant to the requirements of
the Mobile Home Park Rights Act by certified mail by letter dated December 18,
2007. This letter is attached hereto as Exhibit C.
41. Defendant, within 6 months of the certified letter, failed to pay rent
timely as indicated above.
42. Plaintiff, though the property manager, made a demand for rent.
43. Plaintiff placed a door hanger on Defendant's door indicating that rent
was due and not satisfied in violation of rent payment requirements. Plaintiff
does not retain copies of the door hangers and cannot attach this writing to the
Complaint for that reason.
44. Defendant's failure to pay the amounts required as enumerated above is a
violation of the lease requirements with respect to payment.
45. Defendant's failure to pay is a material breach of the terms and conditions
of the lease.
46. As a result of Defendant's failure to satisfy rent a second time within 6
months, Plaintiff is entitled to possession of the mobile home lot.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in its favor and against Defendant for possession of the mobile home
lot, ongoing rent, costs of this action, interest until payment by Defendant of the
amounts so owed, and such other relief as this Court deems just and appropriate.
Dated: 5-1 -? /0 K Respectfully submitted,
BY:
J eph N. Gothie, Esquire
I.D. No. 80390
111 E. Market Street
Suite 101
York, PA 17401
(717) 848-8455
Attorney for Plaintiff
9
04109/2008 09:29 17176973938 COUNTRY MANOR WEST PAGE 06116
0 •
a, COUNTRY MANOR WrST
z NO. 2, APPLE ALLEY
CARLISLE, PA 17013
Phone: (717) 697-0900
Manufactured Home Commun
Lease
LEASE BEGINS:.='` day of
120-)7
LEASE ENDS: _2day of AW4-7204 7
LANDLORD is COUNTRY MANOR WEST
A,TENANTS ,
B. LEASED PROPERTY ADDRESS IS:
C. TERM OF THE LEASE IS:
MwNnI t
D. THE LEASE AMOUNT IS $ Apt by per
month.
E. MOVE IN DATE. The tenant will move in
on: o5I bn
04/09/2008 09:29 17176973938 COUNTRY MANOR WEST PAGE 07/16
•
COUNTRY MANOR wwr
NO. 2, AI'PI.E ALLEY
CARLISLE, PA 17013 RULES, REGULATIONS AND AGREEMENTS
REGISTRATION AND RENT:
1. By state law, all residents will be registered at the County Tax Office.
2. Residents may not sublet the premises or any portion or part thereof.
3. Rent will be collected on the 7th of each month at the Office, paid monthly in advance. Residents
occupying premises any portion of a month shall constitute a full month rental. Cash payments accepted
9 A.M. to 4 P.M. Monday through Friday. A charge of $1.00 per day will be added for late payments. If full
late charges are not paid with late rent payment, a $10.00 billing charge will be added to the late charge
invoice.
4. Only those who are registered at the Office are permitted to live In the home. Guests living in the
home over 15 days must register in the office.
5. No more than five people per home are permitted.
6. The home must be the owner's principal residence.
PETS:
In order to minimize any inconvenience to the community residents resulting from pets, Country Manor
West has adopted a strict pet policy. There are no exceptions to this policy. Pets are permitted in the
community as a privilege for the residents, In accordance with this policy. This privilege may be revoked,
on an individual basis, at the discretion of Community Management if this policy is not followed.
Residents are advised that failure to adhere to this policy could lead to legal action, which may include
eviction from the community.
1. There is a maximum of two pets per household allowed.
2. Aggressive breeds of dogs, including, but not limited to, Pit Bull Terriers, Doberman Pinchers and
Rottweilers are not permitted. Any pet that demonstrates aggressive behavior of any kind in the
community, toward an individual or another animal, will have to be removed from the community
permanently.
3. Pets may node tied outside at any time (even if the owner is present), or left unattended at any time.
Pets are not permitted to run loose in the community. Pets must be Indoors at all times, except when
secured by a leash and walked by their owner.
4. Residents are required to clean up after their pets anywhere on the property, including the lots and
common areas. Pet droppings must be picked up immediately, wrapped in plastic and disposed of in the
residents garbage can.
5. Pets that disturb the peace of the community, are the source of three or more complaints, or otherwise
prove to be a nuisance must be removed from the community upon receipt of notice from the Community
Management.
6. Animal sitting is not permitted.
7. Pet shelters are strictly prohibited.
OTHER CHARGES:
1. Each resident is responsible for the cost of the water they use. Rates are established by Middlesex
Township, and each resident's consumption will be determined by actual meter readings. The quarterly
minimum will be paid monthly in advance, and excess usage will be billed quarterly. Interest will be
assessed on any unpaid portion of your water account. The Interest rate is 1.5% per month on the unpaid
balance. Each lot will be equipped with a water meter, which is park properly, and residents will be
responsible for loss of, theft or damage to the water meter.
2. TV cable, water line and sewer line repairs other than INITIAL INSTALLATION are the resident's
responsibility. Damage to these items will be repaired or replaced at the resident's expense.
3. Any electrical service provided during placement of a home is adequate for that home at that time. If
additional service or repairs become necessary, resulting charges are the responsibility of the resident.
E ?
04/09/2008 09:29 17176973938 COUNTRY MANOR WEST PAGE 08/16
4. New residents must place a $100.00 security deposit upon registration in accordance with the
Landlord & Tenant Act of 1951.
5. If certified letters are written due to rule violations, a fee of $20 will be charged,
6. A fee of $$pwill be charged for checks that are returned by the bank.
7. A $20 minimum fee will be charged for each lawn-cutting by Country Manor.
6. TV reception problems will be checked at your request. If the TV set is the problem, a charge of $38
per hour will be charged. The resident is responsible for TV cable maintenanoe on their lot,
9. Campers, boats, travel trailers, etc., may be stored in camper storage at an extra charge.
10, In order to maintain the appearance, health and safety of the community, Country Manor West
reserves the right to conduct an inspection of any home in the community, The frequency of home
Inspections will not exceed one inspection per home In a two year period. The inspection will include the
exterior appearance of the home and shed, and the condition of the home's utilities. Any substandard
items will need to be corrected in a specified time frame, should the resident wish to keep the home In the
community. The fee for this inspection will be $50.00, and will be charged to the resident at the time of
the inspection,
11. Fees stated herein may be increased, subject to 30 days prior written notice.
LAWN AND WATER:
1. It shall be the resident's responsibility to maintain sewer and water lines. Leaking spigots and toilets
must be repaired Immediately to avoid sewage late freeze.
2. Do not flush anything down your drains such as rags, clothes, hard paper, sanitary napkins or Items
made of plastic or rubber, Such items should be wrapped In paper and deposited In garbage cans.
3. No wading or swimming pools are permitted. A community pool membership is Included with the rent.
4. Lawns must be kept neat, clean and mowed to a height of three inches at all times. The management
reserves the right to mow any lawn that Is neglected at a cost of $20,
5. Garden hose may be used to water shrubbery and flowers.
TRAFFIC AND VEHICLES:
1. SPEED LIMITS and STOP SIGNS must be OBEYED.
2. NO repairing vehicles, changing oil or overhauling. Immobilized, disabled, un-inspected, unlicensed or
unused vehicles shall not be permitted, and must be removed within 15 days.
3. Operating unconventional vehicles, (1.e, mini bikes, dune buggies, snowmobiles, go-carts) within
Country Manor property is prohibited.
4. Each lot has adequate parking for two vehicles, f=amilies with more than two vehicles must park third
vehicle by the mail boxes, Street parking is prohibited. Residents may, at their own expense, expand the
size of their parking area with asphalt (stones are not acceptable) to accommodate a third vehicle. This will
require a building permit; consult management for parking specifications. No commercial or larger than 1/2
ton truck parking is permitted. Parking vehicles on patios is prohibited.
EXTERIOR IMPROVEMENTS:
1. All homes must be skirted, New home sales and preowned home resales must have vertical VINYL
SKIRTING similar or equal to Mastic or Everlock brand made exclusively for mobile homes. Hitches must
be removed when Installing vinyl skirting.
2. METAL AWNINGS must be similar or equal to Dura-Bait or Branstrator Aluminum products for mobile
home use. WOODEN AWNINGS must be painted and have plywood roof, drip edge on three sides,
shingles, 4' wide gutters and down spouts.
3. STORAGE SHEDS: Each resident must have one, free standing shed on their lot. Largest size
permitted 10'x 16'. Smallest size permitted S' x 8'. They must be wooden, similar or equal to Atkins or
Lantz Barns, of plywood construction, painted, with shingled roof, and must be installed before
occupancy, If a larger shed is on the lot during resale, consult Office for any approval. Residents may also
install o e resin shed (in addition to, but not In place of the free standing shed referenced above). Resin
sheds must be permanently secured to the home or the free standing shed, and should be installed in the
rear of the home or lot.
4. NO ADDITIONS constituting living space, either homemade or factory-built, can be added. Exceptions
are awnings and screen and/or glass rooms. No carports permitted,
04/09/2006 09:29 17176973938 COUNTRY MANOR WEST PAGE 09/16
5. WINDOW AIR CONDITIONERS must be installed with wail-mounted supports. No wooden framing from
ground level. NO INSTALLATION ON THE STREET SIDE WINDOWS.
6. Consult Management concerning improvements on lots such planting trees, etc„ due to underground
wiring. Shrubbery must be planted We feet off street to allow for snow removal. All shrubbery planted by
residents shall become the property of the park and may not be removed.
7. PAINTING: Your home and adjacent structures, if repainted, must be similar to current mobile home
manufacturer color selections or approved by Management.
8. Item #1 through #7 require a Country Manor BUILDING PERMIT prior to start of improvement.
UPKEEP:
1. Any home or adjacent structure not presenting a neat and well-maintained appearance is considered in
violation of park rules. Upon receipt of written notice of the violation, should the homeowner fail to
address the violation in the time frame specified, the home will be considered in violation again, and must
be removed from the community.
2. No antennas of any kind shall be installed on or near your home. CB antennas may be Installed on your
shed, but no higher than home roof.
3. Nothing may be stored on the patio or around the outside of your home. Place items in storage shed.
4. Any damage to the concrete patio, driveway, lawn, electrical, TV cable, or loss of shrubbery and tree life
shall be the resident's responsibility. Any items neglected will be repaired or replaced at the resident's
expense.
5. Country Manor is responsible for the normal maintenance of your yard light. Call the Office 9 it does not
light. It you have changed the yard light to a different style Country Manor West will not be responsible for
any maintenance on it.
LAUNDRY:
1, Clotheslines are prohibited, except circular clothes trees, which must be installed at rear of home.
GENERAL:
1. Only househoki aarbaae will be collected once a week. It must be kept in a trash can with lid. Trash
collection fee Is included in monthly rent. Grass clippings, tires, batteries, furniture and appliances are not
collected with the household garbage.
2. No fences permitted. Concrete blocks are not allowed for use as steps.
3. Any home left abandoned and vacant for 30 days Is a violation of these rules. Each subsequent 30 day
period that the home is abandoned and vacant will be considered a new violation.
4. Residents are responsible for the actions and behavior of their children, guests and pets.
5. Any behavior which disturbs the peace and tranquility of the community is prohibited.
6. Any violation of federal, state or local laws and ordinances resulting in a misdemeanor or felony
conviction, or occurring on the property of Country Manor West, or related to Country Manor West will be
considered a violation of these rules. Each occurrence will be considered a new violation.
7. Operating any type of business is prohibited in the community.
8. BS guns, pellet guns, air rifles, slingshots or shooting of any kind are prohibited In the community.
9. Service work completed at the request of the resident must be paid within 30 days.
10. Yard trampolines and outdoor exercise equipment are prohibited.
STORAGE:
1. All campers, boats, trailers, etc., must be stored in the provided parking area or off community property.
Storage fee not included in the rent.
2. Home Heating Fuels: Firewood neatly stacked, maximum size pile 4' wide x' high. Kerosene is not
permitted to be stored on the patio or around your home.
SWIMMING POOL:
1. Rules, hours and fees are posted at the pool.
RESALE:
1. Under Section 11 of Act 261, park residents are free to sell their homes to a buyer of their choosing.
04/09/2008 09:29 17176973938 COUNTRY MANOR WEST PAGE 10/16
•
However, Country Manor West reserves the right to screen and approve any Buyer prior to settlement, If
the home is to remain in the community after the sale. The application for residency must be submitted by
the Buyer at least 10 days prior to settlement, and the applicant must be approved prior to closing on the
home. If the application is not approved, settlement may proceed and the sale is valid, but the buyer will
not be considered a resident of the community, and the home must be removed immediately upon
settlement.
2. One 'For Sale" sign may be placed in your window or front yard. The maximum size 18" x 24", similar to
the standard steel real estate sign.
3. All homes must have a utility shed. See STORAGE SHEDS, EXCEPTIONS approved by Office in
writing for these storing NOTHING outside.
4. No home may remain in Country Manor if sold on a "Sales Agreement." Buyer must submit proof of
ownership, such as a title.
SECURITY DEPOSITS:
1. Security deposits of $100 must be paid at time of occupancy in accordance with the Landlord Tenant
Act of 1951.
2. REFUNDS will occur only when (a) a 30-day WRITTEN notice is received by Management prior to
vacating Country Manor, (b) all items as outlined in form "Instructions for Moving a Mobile Home" or
"Resale Residency" are completed.
AGREEMENT:
1. Any signature affixed hereto by resident shall constitute an obligation upon all members for their
immediate family and guest.
2. Rules & Regulations will be amended periodically and will be posted in the country Manor West
Management Office. Amendments shall become a part of this agreement. The rights and duties
expressed in Act 261 "Mobile Home Rights Act of 1976" apply to your residency at Country Manor.
3. Residents are required to comply with the Rules, Regulations and Agreements. Any breach of these
rules may result in a warning notice with a specific time frame in which the resident must return to
compliance with the Rules, Regulations and Agreements. If the resident does not return to compliance
within the specified time frame, each additional day of violation will be considered a new violation. Eviction
proceedings may commence if a second or subsequent violation occurs with a six month period from the
date of initial notice.
4. Country Manor shall not liable for any damage or injury which may be sustained by the resident or any
other person, as a consequence of the failure, breakage, leakage or obstruction of water, sewer, waste,
TV cable, 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's or other resident's
agents, guests, licensees, invitees, or successors; or attributable to any interference with, interruption of
or failure, beyond control of Country Manor or any services to be furnished or supplied by Country Manor.
Resident must obtain the necessary Insurance against those contingencies.
IMe have read the forgoing Rules & Regulations and agree to become a resident of Country Manor,
accepting
said Rules & Regulations. Me agree that all said Rules & Regulations shall be part of rental agreement.
)Me acknowledge receipt of the attached copy of Act No. 261
Date-
Mr. ai4ndlo
Tenant
Mrs. _ -------------_.?_?_??
Tenant
Rev. 3/22101
04/09/2008 09:29 17176973938 COUNTRY MANOR WEST PAGE 11/16
•
IMPORTANT NOTICE REQUIRED BY LAW
ACT NO. 261
"THE RULES SET FORTH BELOW GOVERN THE TERMS OF YOUR LEASE OF OCCUPANCY AGREEMENT WITH THIS
MOBILE HOME PARK. THE LAW REQUIRES ALL OF THESE RULES TO BE FAIR AND REASONABLE.
"YOU MAY CONTINUE TO STAY IN THIS PARK AS LONG AS YOU PAY YOUR RENT AND OTHER REASONABLE FEES,
SERVICE CHARGES AND ASSESSMENTS HEREINAFTER SET FORTH AND ABIDE BY THE RULES OF THE PARK,
ENTRANCE AND EXIT FEES MAY NOT BE CHARGED. INSTALLATION AND REMOVAL FEES MAY NOT BE CHARGED IN
EXCESS OF THE ACTUAL COST TO THE MOBILE HOME PARK OWNER OR OPERATOR FOR PROVIDING SUCH SERVICE FOR
THE INSTALLATION OR REMOVAL OF A MOBILE HOME IN A MOBILE HOME SPACE.
"YOU MAY BE EVICTED FOR ANY OF THE FOLLOWING REASONS:
(1 NONPAYMENT OF RENT.
'(2) A SECOND OR SUBSEQUENT VIOLATION OF THE RULES OF THE MOBILE HOME PARK OCCURRING WITHIN A Siff-
MONTH.
IF IF THERE IS A CHANGE IN USE OF THE PARK OR LAND OR PARTS THEREOF.
A) TERMINATION OF MOBILE HOME PARK.
"YOU SHALL ONLY BE EVICTED IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
'(1) A RESIDENT SHALL NOT BE EVICTED BY ANY SELF-HELP MEASURE.
"(2) PRIOR TO THE COMMENCEMENT OF ANY EVICTION PROCEEDING, THE MOBILE HOME PARK OWNER SHALL NOTIFY
YOU IN WRITING OF THE PARTICULAR BREACH OR VIOLATION OF THE LEASE OR PARK RULES BY CERTIFIED OR
REGISTERED MAIL.
((I) IN THE CASE OF NONPAYMENT OF RENT, THE NOTICE SHALL STATE THAT AN EVICTION PROCEEDING MAY BE
COMMENCED IF THE MOBILE HOME RESIDENT DOES NOT PAY THE OVERDUE RENT WITHIN 20 DAYS FROM THE DATE OF
SERVICE IF THE NOTICE IS GIVEN ON OR AFTER APRIL 1 AND BEFORE SEPTEMBER 1, AND 3D DAYS IF GIVEN ON OR AFTER
SEPTEMBER 1 AND APRIL 1 OR AN ADDITIONAL NONPAYMENT OF RENT OCCURRING WITHIN SIX MONTHS OF THE GIVING
OF THE NOTICE MAY RESULT IN IMMEDIATE EVICTION PROCEEDINGS.
FiIENTIN THE CASE OF A BREACH OF THE LEASE OR VIOLATION O THE PARK RULES OTHER THAN . THE NOTICE HALL. DESCRIBE THE PARTICULAR BREACHFOR VIOLATION. Nb EVICTION ACTIONPBEYCO MENCED
UNLESS YOU HAVE BEEN NOTIFIED AS REQUIRED BY THIS SECTION, AND UPON A SECOND OR SUBSEQUENT VIOLATION
OR BREACH OCCURRING WITHIN SIX MONTHS. THE MOBILE HOME PARK OWNER MAY COMMENCE EVICTION
PROCEEDINGS AT ANY TIME WITHIN W DAYS OF THE LAST VIOLATION OR BREACH.
"YOU SHALL NOT BE EVICTED WHEN THERE IS PROOF THAT THE RULES YOU ARE ACCUSED OF VIOLATING ARE NOT
ENFORCED WITH RESPECT TO THE OTHER MOBILE HOME RESIDENTS OR NONRESIDENTS ON THE PARK PREMISES.
"IN ADDITION, NO EVICTION PROCEEDING FOR NONPAYMENT OF RENT MAY BE COMMENCED AGAINST YOU UNTIL YOU
HAVE RECEIVED NOTICE BY CERTIFIED OR REGISTERED MAIL OF THE NONPAYMENT AND HAVE BEEN GIVEN TO PAY THE
OVERDUE RENT 20 DAYS FROM THE DATE OF SERVICE IF THE NOTICE IS GIVEN ON OR AFTER APRIL 1 AND BEFORE
SEPTEMBER 1, AND 30 DAYS IF GIVEN ON OR AFTER SEPTEMBER 1 AND BEFORE APRIL 1. HOWEVER, ONLY ONE NOTICE
OF OVERDUE RENT IS REQUIRED TO BE SENT TO YOU DURING ANY SIX-MONTH PERIOD. IF A SECOND OR ADDITIONAL
VIOLATION OCCURS WITHIN SIX MONTHS FROM THE DATE OF THE FIRST NOTICE THEN EVICTION PROCEEDINGS MAY
BE IMMEDIATELY STARTED AGAINST YOU.
"YOU ARE ENTITLED TO PURCHASE GOODS OR SERVICES FROM A SELLER OF YOUR CHOICE AND THE PARK OWNER
SHALL NOT RESTRICT YOUR RIGHT TO DO $0.
"IF YOU DESIRE TO SELL YOUR MOBILE SOME, THE MOBILE HOME PARK OWNER MAY NOT PREVENT THE SALE AND MAY
NOT CLAIM ANY FEE IN CONNECTION THEREWITH, UNLESS THERE EXISTS A SEPARATE WRITTEN AGREEMENT.
HOWEVER, THE MOBILE HOME PARK OWNER MAY RESERVE THE RIGHT TO APPROVE THE PURCHASER AS A RESIDENT
IN THE MOBILE HOME PARK.
"ENFORCEMENT OF THE MOBILE HOME PARK RIGHTS ACT IS BY THE ATTORNEY GENERAL OF THE COMMONWEALTH OF
PENNSYLVANIA OR THE DISTRICT ATTORNEY OF THE COUNTRY IN WHICH THE MOBILE HOME PARK IS LOCATED. YOU
MAY ALSO BRING A PRIVATE CAUSE OF ACTION. IF YOUR RIGHTS ARE VIOLATED YOU MAY CONTACT THE STATE
BUREAU OF CONSUMER PROTECTION OR YOUR LOCAL DISTRICT ATTORNEY."
Tenant SIGNATURE -02-CC6==?'- l+ ? Z_'_ .'?:-- ------------------
Tenant SIGNATURE---------------------------------------------
/
DATE:-?''?= -„<.?-- - -Z ---------------
04/09/2008 09:29
COUNTRY MANOR WEST
L2 APPLE ALLEY
j CARLISLE, PA 17015
Merle Kimball
6-S Spruce lane
Carlisle P A 17015
Country Manor West
P.A.N.: BK9189
Lot No. S06
December 18, 2007
Dear M. Kimball
7006 0100 0006 8860 1874
PAGE 12/16
...__.-- ........A
Our Records indcate that, as of 12118/07 you hoe a past due balance of 83, 71 0
Your balance may not include all late charges currently due on your account. 0 you have not already done so,
please contact the office to verify your balance, and remit the total balance due immediately.
Until your payment is received, you are hereby issued $Q days notice of eviction for non-payment of rent.
You are further advised that another violation for non-payment of rent within the next six (6) months Is sufficient
cause to file a Landiord/Tenant Action against you Immediately; further written notice is not required.
If you have received an'eviotion notice W= itm Ad & W months, a Landlord(Tenant action may be filed,
whether you receive this notice or not. Receipt of this notice does not delay Landlord/Tanant proceed/ngs,
if you have received a prior notice within the last 6 months. Filing against you will result in additional charges
to you, and could lead to your eviction from the community.
Thank you for your prompt attention to this matter.
Sincerely:
COUNTRY MANOR WEST
E G
17176973938
.
COUNTRY MANOR WEST
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VERIFICATION
The foregoing document is based upon information which has been gathered by
my counsel in preparation of the lawsuit. The language of the document is that of
counsel and not my own. I have read the foregoing document to the extent that the
document is based upon information which I have given to my counsel, it is true and
correct to the best of my knowledge, information and belief. To the extent that the
content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of Pa.C.S.
Section 4904 relating to unsworn falsification to authorities, which provides that if I
knowingly make false averments, I may be subject to criminal penalties.
Date: ? ICA "a %
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing, attached document, upon the
person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure § 440.
Service by first class mail delivery addressed as follows:
Geoffrey Biringer
401 Louther Street
Suite 103
Carlisle, PA 17013
Date: S - ( `1- o `?
;S-7 -
GOT VAN ALLEN LLC
Joseph N. Gothie
ID #80390
111 East Market Street
Suite 101
York, PA 17401
717-848-8455
jngna avafirm.com
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff
V.
MERLE KIMBALL
Defendant
V.
GREEN TREE FINANCIAL
CORPORATION
Additional Defendant
: No.2008 - 2788 CIVIL
: CIVIL ACTION -LAW
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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, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAYOFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CO U TRY' NNIANOR WEST
Plaintiff No.2008 - 2788 CIVIL
V. CIVIL ACTION -LAW
MERLE KIMBALL :
Defendant
V. :
GREEN TREE FINANCIAL
CORPORATION
Additional Defendant
DEFENDANT MERLE KINMALL'S COMPLAINT AGAINST
ADDITIONAL DEFENDANT GREEN TREE FINANCIAL CORPORATION
Merle Kimball, by and through his attorneys, MidPenn Legal Services and
Geoffrey M. Biringer, Esquire, hereby sets forth as follows:
1. Defendant is Merle Kimball, an adult individual, who resides at 145 Glenwood
Drive, Dillsburg, Cumberland County, Pennsylvania.
2. Additional Defendant is Green Tree Financial Corporation, a public corporation
with a home office address of 1100 Landmark Towers, 345 St. Peter Street, St.
Paul, Minnesota 55102-1639.
3. Additional Defendant is believed to be the sole owner of its subsidiary, Green
Tree Servicing, LLP.
4. On or about February 14, 2007, Green Tree Servicing, LLP sold Defendant Merle
Kimball a 1987 Fleetwood Mobile Home, Serial #VAFLCM1AG50197018 for
$1,000. (Certified Check and Power of Attorney attached hereto as Defendant's
Exhibit "1")
5. At the time of the sale, the Mobile Home sat on a lot owned by the original
Plaintiff herein, Country Manor West, and located at 6-S Spruce Lane. Carlisle,
Cumberland County, Pennsylvania 17015
6. When Defendant applied for residency in the mobile home park owned by the
Plaintiff, Defendant was told that "back rent" was due in the amount of $1,083,
which must be paid before Defendant could be approved for residency in the
mobile home park.
7. It is believed and therefore averred that the "back rent" was owed to the Plaintiff
by Additional Defendant Green Tree.
8. No one from Green Tree told Merle Kimball that any "back rent" was due and
that he would be required to assume their obligation prior to approval for
admission to the mobile home park.
9. Defendant Merle Kimball was coerced into paying Plaintiff $1,083 for admission
to the mobile home park because he did not have the ability or the means to
relocate the mobile home from the lot owned by the Plaintiff.
10. Additional Defendant Green Tree knew or should have known that the $1,083
obligation was theirs and not that of the Defendant, yet took no action to disclose
this obligation to the Defendant.
11. Additional Defendant Green Tree intentionally misled the Defendant into
believing that his purchase of their mobile home would be his only obligation,
other than security deposit, current lot rent, and background checks, for admission
to the mobile home park.
12. Additional Defendant Green Tree's misrepresentations to Defendant Kimball
damaged him in that he was required to pay $1,083 "up front," to the Plaintiff
leaving him without a sufficient income to pay his other bills and causing him and
his son financial hardships, leading eventually to Plaintiff's claims for rent and
eviction from the mobile home park.
13. Defendant, under pressure from the Plaintiff due to a pending eviction action,
moved his mobile home to another location on or about May 29, 2008.
COUNT I - UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
14. Paragraphs 1-13 are incorporated herein by reference hereto.
15. By intentionally misleading Defendant Merle Kimball into purchasing his mobile
home without disclosing that Additional Defendant owed "back rent" to the
Plaintiff, and that the payment of this "back rent" was a prerequisite to his
admission to Plaintiff's mobile home park, Additional Defendant violated
Pennsylvania's Unfair Trade Practices and Consumer Protection Law, specifically
at 73 P.S. Section 201-2(4)(xxi).
16. As a result of Additional Defendant's deceptive conduct, Defendant Kimball has
been damaged in the amount of $1,083 and unliquidated damages for Additional
Defendant's egregious conduct.
WHEREFORE, Defendant Merle Kimball demands that a judgment be entered
against Additional Defendant Green Tree Financial Corporation in the amount of $3,249
and any other amounts that this Court find reasonable under the circumstances, said
amount being within the amount required for referral to arbitration.
COUNT II - UNCONSCIONABILI'TY
17. Paragraphs 1-16 are incorporated herein by reference hereto.
18. Additional Defendant's failure to pay "back rent" to the Plaintiff prior to sale of
the mobile home to the Defendant, knowing that Defendant would be required to
pay their debt prior to admission to the mobile home park, was unconscionable.
19. As a result, Defendant was damaged in the specific amount of $1,083 and
suffered the pain and humiliation of an eviction action pending at least until the
mobile home was relocated on May 29, 2008.
WHEREFORE, Defendant demands that a judgment be entered for the Defendant
and against the Additional Defendant in the amount of $3,249 and any other such
amounts that this Court deems to be reasonable, said amounts being within the amounts
requiring referral to arbitration.
COUNT III - FRAUD
20. Paragraphs 1-19 are incorporated herein by reference hereto.
21. Additional Defendant's failure to pay "back rent" to the Plaintiff prior to sale of
the mobile home to the Defendant, knowing that Defendant would be required to
pay their debt prior to admission to the mobile home park, was fraudulent.
22. As a result, Defendant was damaged in the specific amount of $1,083 and
suffered the Pain and'numiliaticn cf an eviction action pending at leas: Intl the
mobile home was relocated on May 29, 2008.
WHEREFORE, Defendant demands that a judgment be entered for the Defendant
and against the Additional Defendant in the amount of $3,249 and any other such
amounts that this Court deems to be reasonable, said amounts being within the amounts
requiring referral to arbitration.
COUNT IV - BREACH OF WARRANTY UNDER
UNIFORM COMMERCIAL CODE
23. Paragraphs 1-22 are incorporated herein by reference hereto.
Additional Defendant's failure to pay "back rent" to the Plaintiff prior to sale
of the mobile home to the Defendant, knowing that Defendant would be required
to pay their debt prior to admission to the mobile home park, and without
informing the Defendant of the "back rent"owed, amounted to an encumbrance
on the mobile home violative of Article 2 of Pennsylvania's Uniform
Commercial Code, 13 Pa.C.S.Section 2312.
24. As a result, Defendant was damaged in the specific amount of $1,083 and
suffered the pain and humiliation of an eviction action pending at least until the
mobile home was relocated on May 29, 2008.
WHEREFORE, Defendant demands that a judgment be entered for the Defendant and
against the Additional Defendant in the amount of $3,249 and any other such amounts
that this Court deems to be reasonable, said amounts being within the amounts requiring
referral "o arbitration.
Date: 6 AP, /O 99 Respectfully Submitted:
MIDPENN LEGAL SERVICES
4
BY: Geoffrey M.Biringer I1
401 E.Louther Street
Carlisle,PA 17013
(717)243-9400; Fax#(717)243-8026
Supreme Court ID#18040
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St Issued By: Monsygram Payment Systems, Inc.
P.O. Box 9476, Minneapolis MN 66480
Safe Deposit & Trust Company
MEMBERS 11t Draw**: 6Boston.709/1110 0
Scton, 00 0000249913
6.709/
FEDERAL CREDIT UNION DATE
P.O. Box 40
Mechanicsburg, Pennsylvania 17055 02/14/07. $1,000.00
PAY * * One Thousand and 00/10 DOLLAbk, ** J'7
OFFICIAL CHECK
CERTIFIED D veer: MEMBERS 1ST FEDERAL CREDIT UNION
Pay bre Only As Originally
Ai-id %0,11len Prop
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GREEN TREE SERVICING, LC "~ 1$f I .TWO SIONAT REO R F C ;EOVER$2, 0.00
TO THE OR MERLE I KIMBALL JRr%E`'f;r iulT t;,^ 1i:; ' i
ORDER I--6-0 -4
ER ATF ;LUT?IC'ks' _
-'9?°°:? l? L ')•'d' 'Y "r? f t:i r sl 1 1i i1l ':-.6ri 1Y iIwCSlee?4 1J _tix 54zl?a TSn-ref;:s t
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A - Issued By: Monsygram Payment Systems, Inc,
P.O. Box 9476, Minneapolis MN 66480
MEMBERS 1St Drawee: Boston Sate Deposit & Trust Company
Boston, MA
6-7091110
FEDERAL CREDIT UNION DATE
P.O. Box 40 02/14/07
Mechanicsburg, Pennsylvania 17055
00 0000249914
$22.50
Ex. Ill 11
VERIFICATION
I, MERLE KIMBALL, make this verification that the facts set forth in the
foregoing COMPLAINT, are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. 4904 relating to unsworn falsification to authorities.
Date: 4,-
Merle Kimball J/
CERTIFICATE OF SERVICE
1, Geoffrey M. Biringer, being a Member in good standing of the Pennsylvania
Bar, hereby state that I served a copy of Defendant Merle Kimball's Complaint Against
Additional Defendant Green Tree Financial Corporation on C?C.,r? I , 2008, by
placing same in the United States Mail, postage prepaid, certified, return receipt
requested, to the following corporation outside of the Commonwealth of Pennsylvania,
and at the following address, which service satisfies the requirements of PA.R.C.P.No.
404:
Green Tree Financial Corporation
1100 Landmark Towers
345 St. Peter Street
St.Paul, MN 55102-1639
Geoffrey M. Biringer
MIDPENN LEGAL SERVICES
401 E.Louther Street
Carlisle, PA 17013
(717) 243-9400
Supreme Court ID# 18040
Dated: '2008
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUN'T'RY MANOR WEST
Plaintiff
v.
MERLE KIMBALL
Defendant
V.
No.2008 - 2788 CIVIL
CIVIL ACTION -LAW
GREEN TREE FINANCIAL
CORPORATION
Additional Defendant
To: Joe Gothie, Esquire (Attorney of Record for Country Manor West)
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You are hereby notified to file a written response to the enclosed Answer
to Plaintiff's Complaint with New Matter, Affirmative Defenses, and
Counterclaims, within twenty (20) days from service hereof or a judgment may be
entered against you .
By:
Geoffrey M. Biringer, Esq.
MidPenn Legal Services
401 E.Louther Street
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST :
Plaintiff No.2008 - 2788 CIVIL
v : CIVIL ACTION - LAW
MERLE KIMBALL
Defendant :
V.
GREEN TREE FINANCIAL
CORPORATION
Additional Defendant
ANSWER, NEW MATTER, AFFIRMATIVE DEFENSES
AND COUNTERCLAIMS
ANSWER
1. Admitted.
2. Admitted.
3. Denied. On or about May 29, 2008, Defendant moved to 145 Glenwood Drive,
Dillsburg, PA.
4. Denied. Defendant moved off the lot owned by Defendant on or about May 29,
2008.
5. Admitted in part. It is admitted that Defendant rented the lot from Plaintiff until
May 29, 2008, but denied that said lot was rented from Plaintiff at any time
thereafter.
6. Denied only to the extent that Defendant moved his mobile home on or about
May 29, 2008 and is no longer responsible for monthly rent.
7. Denied only to the extent that Defendant no longer occupies the said lot.
I I
8. Admitted that Defendant purchased a home from Green Tree, but denied that the
home was repossessed by Green Tree from an unrelated party, as Defendant is
without information sufficient to form a belief as to the truth of the averment.
9. Denied. Defendant is without information sufficient to form a belief as to the
truth of the averment, which information is solely in possession of the Plaintiff.
10. Denied. Defendant is without information sufficient to form a belief as to the
truth of the averment, which information is solely in possession of the Plaintiff.
11. Denied. Defendant was told he had to pay a fixed amount to move into the
mobile home park, but not told that it was the policy of the park. By way of
further answer, and as will be set out more fully in New Matter, Affirmative
Defenses and Counterclaims below, Defendant did not receive any written
disclosure of extra rent, fees, service charges or assessments before Plaintiff's
acceptance of an initial deposit, fee or rent as is required by the Mobile Home
Park Rights Act.
12. Denied. As will be setout more fully below in New Matter, Affirmative Defenses
and Counterclaims, Defendant was coerced into paying rent, fees, and/or
assessments not his own prior to his move-in, as he had already purchased his
mobile home and had neither the means nor the ability to move the home
anywhere else.
13. Admitted.
14. Admitted.
15. Admitted.
16. Admitted.
17. Admitted.
18. Admitted.
19. Admitted.
20. Admitted in part. Denied that Defendant demanded credit for the amount he paid
on behalf of Green Tree, in that Defendant was unaware of the identity of the
prior owner responsible for paying back rent, fees and assessments.
21. Admitted.
22. Admitted.
23. Admitted.
COUNT 1-BREACH OF CONTRACT
24. No response required.
25. Admitted.
26. Admitted.
27. Denied. Paragraph 9 of the lease refers to "campers, boats, travel trailers, etc.,"
but does not list the amount of the "extra charge.".
28. Admitted that the contract requires a late fee of $1.00 per day, but denied that said
late fee is a legal and reasonable fee, as will be set out more fully in New Matter,
Affirmative Defenses and Counterclaims below.
29. Admitted that the contract requires a billing charge of $10.00, but denied that said
charge is a legal and reasonable charge, as will be set out more fully in New
Matter, Affirmative Defenses and Counterclaims below.
30. Admitted that the contract requires a fee of 1.5% on any outstanding water bill,
but denied that said charge is a legal and reasonable charge, as will be set out
more fully in New Matter, Affirmative Defenses and Counterclaims below.
31. Denied. As more fully set out in New Matter, Affirmative Defenses, and
Counterclaims below, Defendant is entitled to a credit against any rent, charges or
assessments Plaintiff claims are due and owing, as Defendant was coerced into
paying monies that were clearly not his obligation, and were assessed in violation
of the Mobile Home Park Rights Act.
32. Denied. As more fully set out in New Matter, Affirmative Defenses, and
Counterclaims below, Defendant is entitled to a credit against any rent, charges or
assessments Plaintiff claims are due and owing, as Defendant was coerced into
paying monies that were clearly not his obligation, and were assessed in violation
of the Mobile Home Park Rights Act.
33. Denied. As more fully set out in New Matter, Affirmative Defenses, and
Counterclaims below, Defendant is entitled to a credit against any rent, charges or
assessments Plaintiff claims are due and owing, which credit equals or exceeds
the claims of Plaintiff, as Defendant was coerced into paying monies that were
clearly not his obligation, and were assessed in violation of the Mobile Home
Park Rights Act and, therefore, Defendant is not in breach of the contract.
4. Denied. Defendant is without infonnation sL ficient to form a belief as to the
truth of the averment, which information is solely in the possession of the Plaintiff
and proof thereof is demanded at trial.
35. Denied. As more fully set out in New Matter, Affirmative Defenses, and
Counterclaims below, Defendant is entitled to a credit by way of setoff against
any rent, charges or assessments Plaintiff claims are due and owing, as Defendant
was coerced into paying monies that were clearly not his obligation, and were
assessed in violation of the Mobile Home Park Rights Act, and affirmative
counterclaim damages. Specifically denied that the water bill set out in (g) is due
as Defendant did not move in to the mobile home until sometime in April, but was
assessed water charges and late fees from February through April during the time
Defendant was not using water. Further denied that the late fees and billing
charges set out in (b),(d),and (f) are legal and reasonable as will be set out more
fully below.
36. Denied. As more fully set out below, Plaintiff is not entitled to money damages
and, by way of further answer, Defendant is escrowing his rent as it comes due
pursuant to Rule of Court.
WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed and
judgment entered for the Defendant.
COUNT II - EVICTION PURSUANT TO LANDLORD TENANT ACT
AND MOBILE HOME PARK RIGHTS ACT
37. No response required.
38. Admitted.
39. Admitted that Defendant rented a mobile home lot from Plaintiff, but, by way of
further answer, states that said mobile home was moved off that lot on or about
May 29, 2008.
40. Admitted.
41. Admitted that Defendant failed to pay but, as more fully set out below, Defendant
had no obligation to pay rent.
42. Admitted.
43. Denied. Defendant is without information sufficient to form a belief as to the
truth of the averment which information is in the sole possession of the Plaintiff
and proof thereof is demanded at trial.
44. Denied. As more fully set out below, Defendant is now and has been willing at
all relevant times herein, to abide by the lease terms upon Plaintiff's crediting his
account with monies that were assessed to him which were clearly not his
obligation, which were forced upon him, and which were levied in violation of the
Mobile Home Park Rights Act.
45. Denied. For the reasons set out below, Defendant has not breached the terms and
conditions of his lease.
46. Denied. For the reasons set out below, Plaintiff is not entitled to possession of the
mobile home lot. By way of further answer, Plaintiff has possession of the mobile
home lot as of May 29, 2008.
WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed and
judgment entered for the Defendant.
NEW MATTER
47. Paragraphs 1-46 are incorporated herein by reference hereto.
48. Defendant purchased his mobile home from Green Tree Servicing, LLC on
February 14, 2007, for $1,000.00 (Certified check and Power of Attorney attached
hereto as Defendant's Exhibit "I")
49. Said mobile home, at the time of purchase, was affixed to a lot owned by Plaintiff
at 6 South Spruce Lane, Carlisle, PA 17015.
50. On February 16, 2007, Defendant paid Plaintiff's representative, Kathy Fuhrman,
$1,000 for a security deposit on the lot and "Back Rent," in the amount of $1,083.
(Invoice attached hereto as Defendant's Exhibit "2")
51. At no time prior to Plaintiff's acceptance of "Back Rent" or security deposit as
evidenced by this invoice, did Plaintiff provide Defendant with a written
disclosure of all rent, fees, service charges, or assessments due from any prior
owner of Defendant's mobile home.
52. Defendant paid the "back rent" only because he was coerced into paying these
prior charges that were not his obligation, with the threat that he would not be
allowed to move in unless they were paid.
53. After the purchase of his mobile home, Defendant had neither the financial means
nor the ability to move the mobile home to another location.
54. Defendant received a billing for water consumption during the period from
January to April 28, 2007 when he did not reside in the dwelling.
NEW MATTER JOINING GREEN TREE FINANCIAL CORPORATION
AS AN ADDITIONAL DEFENDANT PURSUANT TO PA.R.C.P.NO.2252
55. Paragraphs 1-54 are incorporated herein by reference hereto.
56. Defendant alleges that if Plaintiff has any claim for rent, fees and costs, said
claims are solely the responsibility of the prior owner of the Defendant's mobile
home, Green Tree Servicing, LLC, believed to be a wholly owned subsidiary of
Green Tree Financial Corporation, Additional Defendant herein, and not the
responsibility of the Defendant, who was coerced into prepaying Additional
Defendant's "back rent," fees and costs. Defendant's Complaint against
Additional Defendant Green Tree Financial Corporation, is attached hereto as
Defendant's Exhibit "3.")
57. Additional Defendant Green Tree is alone liable over to Plaintiff and/or jointly
and severally liable to Plaintiff for any amounts found by this Court to be due and
owing Plaintiff after offset for amounts properly paid and credited to the
Defendant and after the calculation of Defendant's damages pursuant to his
counterclaims.
AFFIRMATIVE DEFENSES
I - MOBILE HOME PARIS RIGHTS ACT
58. 'Paragraphs 1-57 are incorporated herein by reference hereto.
59. Pennsylvania's Mobile Home Park Rights Act requires that, prior to the
acceptance of any initial deposit, fee or rent, the park owner must provide a
resident with a writing disclosing all rent, fees service charges and assessments.
60. Plaintiff failed to provide Defendant with any such written disclosure of fees
charged to him, but due and owing from a previous tenant.
61. Plaintiff's failure to provide such written notice prior to the acceptance by the
Plaintiff of Defendant's initial deposit renders the prior charges void and
unenforceable.
62. Plaintiff's "long-standing, standard policy" requiring new owners of mobile
homes like the Defendant herein, to pay "back rent," fees and assessments,
interferes with the sale of mobile homes and violates the Mobile Home Park
Rights Act.
63. Plaintiff's collection of "back rent" from the Defendant is a "fee or commission in
connection with the sale of a mobile home," and as such, is void and
unenforceable.
WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed and
judgment entered for the Defendant.
II. SOLE/JOINT LIABILITY OF ADDITIONAL
DEFENDANT GREEN TREE FINANCIAL CORPORATION
64. Paragraphs 1-63 are incorporated herein by reference hereto.
65. Defendant alleges that if Plaintiff has any claim for rent, fees and costs, said
claims are solely the responsibility of the prior owner of the Defendant's mobile
home, Green Tree Servicing, believed to be a wholly owned subsidiary of Green
Tree Financial Corporation, LLC, additional Defendant herein, and not the
responsibility of the Defendant, who was coerced into prepaying Additional
Defendant's "back rent," fees and costs
66. Additional Defendant Green Tree is alone liable over to Plaintiff and/or jointly
and severally liable to Plaintiff for any amounts found by this Court to be due and
owing Plaintiff after offset for amounts properly paid and credited to the
Defendant and after the calculation of Defendant's damages pursuant to his
counterclaims.
WHEREFORE, Defendant requests that judgment be entered for Defendant and that
Plaintiff's Complaint be dismissed.
III. PENALTIES - USURY
67. Paragraphs 1-66 are incorporated herein by reference.
68. Plaintiff's late charges and billing charges are so high as to categorize them as
penalties rather than as accurate reflections of the cost of acceptance of late
payments, and as such are illegal.
69. Plaintiff's late charges and billing charges are higher than the legal rate of interest
in Pennsylvania and are therefore usurious.
WHEREFORE, Defendant requests that judgment be entered for the Defendant and
that Plaintiff's Complaint be dismissed.
COUNTERCLAIMS
1. - MOBILE HOME PARK RIGHTS ACT
70. Paragraphs 1-69 are incorporated herein by reference hereto.
71. Pennsylvania's Mobile Home Park Rights Act requires that, prior to the
acceptance of any initial deposit, fee or rent, the park owner must provide a
resident with a writing disclosing all rent, fees service charges and assessments.
72. Plaintiff failed to provide Defendant with any such written disclosure of fees
charged to him, but due and owing from a previous tenant.
73. Plaintiff's failure to provide such written notice prior to the acceptance by the
Plaintiff of Defendant's initial deposit renders the prior charges void and
unenforceable.
74. Plaintiff's policy of collecting "back rent" owed by former tenants from new
owners like the Defendant interferes with the sale of mobile homes.
75. Plaintiff's imposition of "back rent" amounts to a fee or commission in
connection with the sale of a mobile home which violates the Mobile Home Park
Rights Act.
76. As a result, Plaintiff received money in the total amount of $1,083 that they were
not entitled to from the Defendant, and Defendant was thereby damaged in that
amount by the Plaintiff.
WHEREFORE, Defendant requests that judgment be entered in his favor and against
the Plaintiff in the amount of $3,249 as is permitted by the said Act, and any other
amount that this Court finds to be reasonable under the circumstances.
II. UNFAIR TRADE PRACTICE AND CONSUMER
AND CONSUMER PROTECTION LAW
77. Paragraphs 1-76 are incorporated herein by reference hereto.
78. Plaintiff knew, when taking Defendant's $1,083 at the inception of the lease, that
said obligation did not belong to the Defendant, and did not give him written
notice thereof that this obligation was in fact, his, as required by the Mobile Home
Park Rights Act.
79. Plaintiff's attempt to collect the debt alleged to be due in their complaint,
knowing that said debt was not due because Defendant was entitled to a credit
against the said debt, violates Pennsylvania's Fair Credit Extension Uniformity
Act at 73 P.S. Section 2270.4(5)(ii) and Pennsylvania's Unfair Trade Practice and
Consumer Protection Law, 73 P.S. Section 201-1 et. seq. and specifically at
Section 201-2(4)(xxi).
80. Plaintiff's action in taking money from Defendant, knowing that it was not his
obligation, was egregious.
WBEREFORE, Defendant requests that Defendant be awarded treble damages in the
total amount of $3,249, which amount is within the amount requiring submission to
arbitration.
?. ,
Date: ,
Respectfully Submitted:
MIDPENN LEGAL SERVICES
I
BY: ?Oet4, /
Geoffrey M. Biringer
401 E.Louther Street
Carlisle,PA 17013
(717)243-9400
Supreme Court ID# 1804
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P.O. Box 9478, Minneapolis MN 66480
MEMBERS 1St Draw**: Boston Deposit 6 Trust Company
Boston MA
, MA
6-709/110
FEDERAL CREDIT UNION DAVE
P.O. Box 40
Mechanicsburg, Pennsylvania 17055 02/14/07
PAY * * One Thousand and 00/1 0 DOLL AM, * * o X-7 T
CERTIFIED
PayRbie Only As C'iIgI'':ey Dr=yi_n
And When Prop) rlv Encicofso,,
GREEN TREE SERVICING, LC ?'r "' S 1st
TO THE OR MERLE I KIMBALL JR R'DE13 r-tEDIT U ?? ;:1
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DATE ;'0T;?OF11 i?
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$1,000.00
OFFICIAL CHECK
MEMBERS 1ST FEDERAL CREDIT UNION
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A Issued By: Moneygram Payment Systems, Inc.
P.O. Box 9478, Minneapolis MN 66480
MEMBERS 1St Drawee: Boston Sale Deposit & Trust Company
Beaton, MA
6-7091110
FEDERAL CREDIT UNION ,. DATE>
P.O. Box 40 02/14/07
Mechanicsburg, Pennsylvania 1.7055
Ex. If, it
PAY * * Twenty-Two and 501100 DOLLARS
00 0000249914
$22.50
OFFICIAL CHECK
COUNTRY MANOR WEST
NO. 2, APPLE ALLEY
CARLISLE, PA 1701,5
Name(s): -`-`_----
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Address:'__
Carlisle, PA 17015
INVOICE
Statement of Fees for Residency in Country Manor West
(102-31 s
Pro Rated Rent ( ) $
First Month's Rent ($361.00)
First Month's Rent Sr. ($351.00) $
Credit Check ($55.00) $
Office File Prep. ($55.00) $__
Security Deposit on Lot ($100.00) $_i 6C b l)
------ - -------------
Total Amount Due $ i I Cam. 0, f
The above is pending approval of Personal Credit Application and
Proof of Ownership of home.
Received / b -? Check #? 3 g/ Amount $ I/ Nq, 0-u
Deposited --/?__/_ --------
Country Man' Representative
Ex. "2"
LN THE COURT C)F COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSY IVAINI!
COUNTRY MANOR WEST
Plaintiff : No.2008 - 2788 CIVIL
V. : CIVIL ACTION - LAW
MERLE KIMBALL
Defendant
V.
GREEN TREE FINANCIAL
CORPORATION
Additional Defendant
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, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAYOFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
Ex."3"
a 1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff No.2008 - 2788 CIVIL
v. CIVIL ACTION -LAW
MERLE KIMBALL
Defendant
V.
GREEN TREE FINANCIAL
CORPORATION
Additional Defendant
DEFENDANT MERLE KIMBALL'S COMPLAINT AGAINST
ADDITIONAL DEFENDANT GREEN TREE FINANCIAL CORPORATION
Merle Kimball, by and through his attorneys, MidPenn Legal Services and
Geoffrey M. Biringer, Esquire, hereby sets forth as follows:
1. Defendant is Merle Kimball, an adult individual, who resides at 145 Glenwood
Drive, Dillsburg, Cumberland County, Pennsylvania.
2. Additional Defendant is Green Tree Financial Corporation, a public corporation
with a home office address of 1100 Landmark Towers, 345 St. Peter Street, St.
Paul, Minnesota 55102-1639.
3. Additional Defendant is believed to be the sole owner of its subsidiary, Green
Tree Servicing, LLP.
4. On or about February 14, 2007, Green Tree Servicing, LLP sold Defendant Merle
Kimball a 1987 Fleetwood Mobile Home, Serial #VAFLCM1AG50197018 for
$1,000. (Certified Check and Power of Attorney attached hereto as Defendant's
Exhibit "1").
5. At the time of the sale, the Mobile Home sat on a lot owned by the original
Plaintiff herein, Country Manor West, and located at 6-S Spruce Lane, Carlisle,
Cumberland County, Pennsylvania 17015
6. When Defendant applied for residency in the mobile home park owned by the
Plaintiff, Defendant was told that "back rent" was due in the amount of $1,083,
which must be paid before Defendant could be approved for residency in the
mobile home park.
7. It is believed and therefore averred that the "back rent" was owed to the Plaintiff
by Additional Defendant Green Tree.
8. No one from Green Tree told Merle Kimball that any "back rent" was due and'
that he would be required to assume their obligation prior to approval for
admission to the mobile home park.
9. Defendant Merle Kimball was coerced into paying Plaintiff $1,083 for admission
to the mobile home park because he did not have the ability or the means to
relocate the mobile home from the lot owned by the Plaintiff.
10. Additional Defendant Green Tree knew or should have known that the $1,083"
obligation was theirs and not that of the Defendant, yet took no action to disclose
this obligation to the Defendant.
11. Additional Defendant Green Tree intentionally misled the Defendant into
believing that his purchase of their mobile home would be his only obligation,
other than security deposit, current lot rent, and background checks, for admission
to the mobile home park.
12. Additional Defendant Green Tree's misrepresentations to Defendant Kimball
damaged him in that he was required to pay $1,083 "up front," to the Plaintiff
leaving him without a sufficient income to pay his other bills and causing him and
his son financial hardships, leading eventually to Plaintiff's claims for rent and
eviction from the mobile home park.
13. Defendant, under pressure from the Plaintiff due to a pending eviction action,
moved his mobile home to another location on or about May 29, 2008.
COUNT I - UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
14. Paragraphs 1-13 are incorporated herein by reference hereto.
15. By intentionally misleading Defendant Merle Kimball into purchasing his mobile
home without disclosing that Additional Defendant owed "back rent" to the
Plaintiff, and that the payment of this "back rent" was a prerequisite to his
admission to Plaintiff's mobile home park, Additional Defendant violated
Pennsylvania's Unfair Trade Practices and Consumer Protection Law, specifically
at 73 P.S. Section 201-2(4)(xxi).
16. As a result of Additional Defendant's deceptive conduct, Defendant Kimball has
been damaged in the amount of $1,083 and unliquidated damages for Additional
Defendant's egregious conduct.
WHEREFORE, Defendant Merle Kimball demands that a judgment be entered
against Additional Defendant Green Tree Financial Corporation in the amount of $3,249
and any other amounts that this Court find reasonable under the circumstances, said
amount being within the amount required for referral to arbitration.
COUNT II - UNC o'' t ONA bILITY
17. Paragraphs 1-16 are incorporated herein by reference hereto.
18. Additional Defendant's failure to pay "back rent" to tht- Plaintiff prior to sale of
the mobile home to the Defendant, knowing that Defendant ? •ould be required to
pay their debt prior to admission to the mobile home park, was un,-,.,nscionable.
19. As a result, Defendant was damaged in the specific amount of $1,083 and
suffered the pain and humiliation of an eviction action pending at least until the
mobile home was relocated on May 29, 2008.
WHEREFORE, Defendant demands that a judgment be entered for the Defendant
and against the Additional Defendant in the amount of $3,249 and any other such
amounts that this Court deems to be reasonable, said amounts being within the amounts
requiring referral to arbitration.
COUNT III - FRAUD
20. Paragraphs 1-19 are incorporated herein by reference hereto.
21. Additional Defendant's failure to pay "back rent" to the Plaintiff prior to sale of
the mobile home to the Defendant, knowing that Defendant would be required to
pay their debt prior to admission to the mobile home park, was fraudulent.
22. As a result, Defendant was damaged in the specific amount of $1,083 and
suffered the pain and humiliation of an eviction action pending at least until the
mobile home was relocated on May 29, 2008.
WHEREFORE, Defendant demands that a judgment be entered for the Defendant
and against the Additional Defendant in the amount of $3,249 and any other such
amounts that this Court deems to be reasonable, said amounts being within the amounts
requiring referral to arbitration.
COUNT IV - BREACH OF WARRANTY UNDER
UNIFORM COMMERCIAL CODE
23. Paragraphs 1-22 are incorporated herein by reference hereto.
Additional Defendant's failure to pay "back rent" to the Plaintiff prior to sale
of the mobile home to the Defendant, knowing that Defendant would be required
to pay their debt prior to admission to the mobile home park, and without
informing the Defendant of the "back rent"owed, amounted to an encumbrance
on the mobile home violative of Article 2 of Pennsylvania's Uniform
Commercial Code, 13 Pa.C.S.Section 2312.
24. As a result, Defendant was damaged in the specific amount of $1,083 and
suffered the pain and humiliation of an eviction action pending at least until the
mobile home was relocated on May 29, 2008.
WHEREFORE, Defendant demands that a judgment be entered for the Defendant and
against the Additional Defendant in the amount of $3,249 and any other such amounts
that this Court deems to be reasonable, said amounts being within the amounts requiring
referral to arbitration.
Date: 6 A? t? c1 Respectfully Submitted:
MIDPENN LEGAL SERVICES
BY:
Geoffrey M.Biringer
401 E.Louther Street
Carlisle,PA 17013
(717)243-9400; Fax#(717)243-8026
Supreme Court ID#18040
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MEMBERS 11t Drawer. Boston Saf+ Deposit & Trust Company
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6.7091110
FEDERAL CREDIT UNION DATE
P.Q. Box 40 02/14/07
Mechanicsburg, Pennsylvania 17055
PAY "One Thousand and 00/1
GREEN TREE SERVICING,
TO THE OR MERLE I KIMBALL JR
ORDER
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$1,000.00
OFFICIAL CHECK
MEMBERS 1ST FEDERAL CREDIT UNION
A Issued By: Monsygram Payment Systems, Inc.
P.O. Box 9476, Minneapolis MN 66480
MEMBERS 1St Drawee: Boston Sate Deposit & Trust Company
Beaton. MA
6-709/110
FEDERAL CREDIT UNION DATE
P.O. Box 40 02/14/07
Mechanicsburg, Pennsylvania 17055
00 0000249914
$22.50
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VERIFICATION
I, MERLE KIMBALL, make this verification that the facts set forth in the
foregoing COMPLAINT, are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. 4904 relating to unsworn falsification to authorities.
Date:
Merle Kimball
• { w C
CERTIFICATE OF SERVICE
1, Geoffrey M. Biringer, being a Member in good standing of the Pennsylvania
Bar, hereby state that i served a copy of Defendant Merle Kimbas Complaint Against
Additional Defendant Green Tree Financial Corporation on =i > 2008, by
>
placing same in the United States Mail, postage prepaid, certified, return resipt
requested, to the following corporation outside of the Commonwealth of PRnsylvania,
and at the following address, which service satisfies the requirements of I.R•C.P.No.
404:
Green Tree Financial Corporation
1100 Landmark Towers
345 St. Peter Street
St.Paul, MN 55102-1639
Ge
ZL? offrey M5SERVICES
MIDPENNfeet
401 E.Lou413
Carlisle,
(717) 24'ID# 18040
Suprerr?
Dated: '2008
e
VERIFICATION
I, MERLE KIMBALL , make this verification that the facts set forth in the
foregoing ANSWER, NEW MATTER, AFFIRMATIVE DEFENSES AND
COUNTERCLAIMS, are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18
Pa. C.S. 4904 relating to unsworn falsification to authorities.
Date: tt:.p / of
/C9? ??X// -
Merle Kimball
fp « " •
CERTIFICATE OF SERVICE
I, Geoffrey M. Biringer, being a Member in good standing of the Bar, hereby state
that I served a copy of Defendant's ANSWER, NEWMATTER, AFFIRMATIVE
DEFENSES, AND COUNTERCLAIMS on June 9, 2008, by placing same in the United
States Mail, postage prepaid to the following person and at the following address:
Joseph Gothie, Esquire
111 East Market Street,Suite 101
York,PA 17403
Geoffrey M. Biringer
MIDPENN LEGAL SERVICES
401 E.Louther Street
Carlisle, PA 17013
(717) 243-9400
Supreme Court ID# 18040
Dated: June 9, 2008
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff
V.
No. 2008-2788 CIVIL
CIVIL ACTION - LAW
MERLE KIMBALL
Defendant
V.
GREEN TREE FINANCIAL
CORPORATION
Additional Defendant
ANSWER TO NEW MATTER AND COUNTERCLAIMS
AND NOW, TO WIT, this 29th day of June, 2008, comes the Plaintiff, COUNTRY
MANOR WEST, by its attorney, Joseph N. Gothie, who files this Answer to New Matter
and Counterclaims of Merle Kimball, of which the following is a statement:
47. No response required.
48. Admitted.
49. It is admitted that the mobile home was on the lot on a concrete pad with
utility hookups available. It is denied that the the home was "affixed" to the
property of Plaintiff.
50. It is denied that the payment described was for deposit and back rent. As
further described in Plaintiffs Complaint, the amount included a security deposit
of $100.00 and rent for February 2007 as described in Plaintiffs Complaint. The
amount paid is not, as is claimed by Defendant, solely for "back rent" and
security deposit.
51. Denied. Defendant received a printout showing the allocation of the
charges. The charges were explained to Defendant verbally. Furthermore,
Defendant was not a resident at the time that this occurred - he interjected
himself into the situation by purchasing a mobile home on a mobile home lot
without inquiring fully as to what circumstances were involved with the mobile
home prior to making the purchase of the home.
52. Denied. Defendant was not threatened, and strict proof to the contrary is
hereby demanded. Defendant was not coerced by Plaintiff, and strict proof to the
contrary is hereby demanded. Defendant's further allegations constitute
conclusions of law and not responsive pleading is required.
2
53. Denied. Plaintiff is without knowledge or the means, prior to discovery,
to ascertain the financial condition of Defendant. Accordingly, Defendant's
allegations are denied and strict proof is hereby demanded.
54. Admitted in part and denied in part. It is admitted that Defendant did
not reside in the home from January 2007 until April 28, 2007. Plaintiff s water
bills are generated quarterly based on actual use. Plaintiff admittedly owned the
home during the period that the water bill was generated. Water use does not
require that Defendant resided in the home. Plaintiff used water while the home
was titled to him. Strict proof that he did not use any water during the period
described is hereby demanded.
55. No answer required.
56. Denied as a conclusion of law. Plaintiff never coerced or threatened
Defendant. Defendant is liable for the claims raised by Plaintiff. Strict proof to
the contrary is hereby demanded.
57. Denied as a conclusion of law.
58. No answer required.
59. Denied as a conclusion of law. To the extent that a responsive pleading
may be required, Defendant was not a resident during the time when this
negotiation took place.
3
60. Denied as a conclusion of law. By way of further answer, it is denied that
Plaintiff failed to notify Defendant of the charges in writing. Defendant received
a receipt concurrently with payment showing the breakdown of charges. By way
of further answer, Defendant was never compelled to keep the home on the lot
after buying it, but rather chose to occupy the home at a later date.
61. Denied as a conclusion of law.
62. Denied as a conclusion of law. By way of further answer, this policy did
not interfere with the sale of a mobile home. Defendant bought the home from
the prior owner. It is denied that the Mobile Home Park Rights Act applies to the
circumstances involved with the sale of the home by a nonresident ("Green
Tree") to a nonresident (Defendant).
63. Denied as a conclusion of law.
64. No answer required.
65. Denied as a conclusion of law.
66. Denied as a conclusion of law.
67. No answer required.
68. Denied as a conclusion of law.
69. Denied as a conclusion of law.
70. No response required.
71. Denied as a conclusion of law.
4
72. Denied. The fees were disclosed and accounted for contemporaneously
with Defendant making the payment in February 2007.
73. Denied as a conclusion of law.
74. Denied as a conclusion of law. By way of further answer, it is specifically
denied that this policy interferes with the sale of mobile homes and strict proof to
the contrary is hereby demanded.
75. Denied as a conclusion of law. By way of further answer, Plaintiff
charged no "fee or commission" in conjunction with the sale of the mobile
home. Defendant had no obligation to pay anything to Plaintiff and could have
removed the mobile home from Plaintiffs community, but chose not to do so.
76. Denied as a conclusion of law. To the extent that the allegation may
contain factual allegations requiring an answer, these are denied. As well-plead
supra, a portion of the money represented February 2007 rent and a portion
represented a security deposit.
77. No answer required, and the answers and Plaintiffs pleadings contained
in Paragraphs 1-76 are hereby incorporated as though set forth more fully herein.
78. Denied as a conclusion of law. By way of further answer, it is denied that
Defendant paid $1,083.00 of an obligation that Defendant did not owe to
Plaintiff, and strict proof to the contrary is hereby demanded.
79. Denied as a conclusion of law.
5
80. Denied as a conclusion of law.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in its favor and against Defendant for possession of the mobile home
lot, ongoing rent, costs of this action, interest until payment by Defendant of the
amounts so owed, and such other relief as this Court deems just and appropriate.
Plaintiff further respectfully requests that the counterclaims of Defendant be
denied.
Dated: r,-, /-s o /o Y
Respectfully submitted,
4
BY: ' ..
oseph N. Gothie, Esquire
I.D. No. 80390
111 E. Market Street
Suite 101
York, PA 17401
(717) 848-8455
Attorney for Plaintiff
6
VERIFICATION
The foregoing document is based upon information which has been gathered by
my counsel in preparation of the lawsuit. The language of the document is that of
counsel and not my own. I have read the foregoing document to the extent that the
document is based upon information which I have given to my counsel, it is true and
correct to the best of my knowledge, information and belief. To the extent that the
content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of Pa.C.S.
Section 4904 relating to unsworn falsification to authorities, which provides that if I
knowingly make false averments, I may be subject to criminal penalties.
Date: •
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing, attached document, upon the
person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure § 440.
Service by first class mail delivery addressed as follows:
Geoffrey Biringer
401 Louther Street
Suite 103
Carlisle, PA 17013
Date: -30 -G T
1a---4VIL-
GOtftIE VAN ALLEN LLC
Joseph N. Gothie
ID # 80390
111 East Market Street
Suite 101
York, PA 17401
717-848-8455
jng&gvafirm.com
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. 1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST,
Plaintiff,
V.
MERLE KIMBALL,
V.
Defendant,
GREEN TREE FINANCIAL
CORPORATION,
Additional Defendant.
TO: DEFENDANT MERLE KIMBALL
You are hereby notified, to fie - a written
response to these Preliminary Objections
within twenty (20) days from service
hereof or a judgment may be entered
against you.
No: 2008 - 2788 CIVIL
CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS
OF ADDITIONAL DEFENDANT,
GREEN TREE FINANCIAL CORP.
Erin P. Dyer, Esquire
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST,
Plaintiff,
No: 2008 - 2788 CIVIL
V.
MERLE KIMBALL,
Defendant,
V.
GREEN TREE FINANCIAL
CORPORATION,
Additional Defendant.
PRELIMINARY OBJECTIONS OF
ADDITIONAL DEFENDANT. GREEN TREE FINANCIAL CORPORATION
AND NOW, comes Additional Defendant, Green Tree Financial Corporation, by its
attorneys, Dyer Law Firm, P.C., and Erin P. Dyer, Esquire and files its Preliminary
Objections, as follows.
1. PRELIMINARY OBJECTION PURSUANT TO PA. R.CIV.P.
RULE 1028(x) - FAILURE TO CONFORM TO LAW
1. This is an action in which Defendant, Merle Kimball, seeks to join as an
Additional Defendant, Green Tree Financial Corporation ("Green Tree" or "Financial'),
based on alleged acts and omissions related to the purchase of a manufactured home.
2. Defendant filed the Complaint Against Additional Defendant, Green Tree
Financial Corporation, alleging that it is the sole owner of a subsidiary, Green Tree
Servicing, LLP ("Servicing"). (See: Complaint To Join ["CTJ"], Para. 3.)
3. Defendant's allegations are factually incorrect. Effective February 28, 1993,
Financial became an inactive corporation. It is not a parent of Servicing.
4. Defendant alleges that the underlying transaction forming the basis for joinder
of Green Tree was between the subsidiary Green Tree Servicing, LLP and him. (See: CTJ,
Para. 4.)
5. _ Even assuming arguendo, that Financial is Servicing's parent, the CTJ
contains no allegation of acts or omissions by Financial, separate and apart from acts and
omissions by its alleged subsidiary, Green Tree Servicing, LLP.
6. Under Pennsylvania law, a corporation is an entity distinct from its
shareholders/owners, even where the owner of the corporation is another corporation, and
the alleged wrongdoer is a wholly owned subsidiary of the parent corporation.
7. Financial is not a proper party to this action, since it is an inactive corporation,
it is not Servicing's parent, and even if, arguendo, it was, the claim is based solely upon
the alleged acts and omissions of its alleged subsidiary, Green Tree Servicing, LLP,
pursuant to the averments of the CTJ.
WHEREFORE, Additional Defendant, Green Tree Financial Corporation, demands
dismissal of Defendant's Complaint, with prejudice.
11. PRELIMINARY OBJECTION PURSUANT TO PA. R.CIV.P. RULE
1028(a)(1) - IMPROPER FORM OF SERVICE
8. Additional Defendant believes and therefore avers that Defendant attempted
to effect service of the CTJ pursuant to Pa. R.Civ.P. Rule 404(2) and 403.
9. Pursuant to Rule 403, service of a complaint by mail requires that it be done
in a manner using a return receipt. Upon service, Rule 405 requires that the serving party
file a return of service, that shows the date, place, and manner of service, including a copy
of the return receipt.
10. Green Tree believes and therefore avers that Defendant failed to file a return
of service in the manner prescribed by Rule 405.
WHEREFORE, Additional Defendant, Green Tree Financial Corporation, demands
dismissal of Defendant's, with prejudice, or in the alternative, that he be required to file a
return of service as required by Rule 405.
III. PRELIMINARY OBJECTIONS PURSUANT TO PA. R.CIV.P. RULE
1028(aa)(4) AND/OR 1.028(x)(2) - DEMURRER TO COUNT
II/FAILURE TO CONFORM TO LAW -COUNT 11
11. Count II of the CTJ is styled "Unconscionability."
12. Under Pennsylvania law, unconscionability is a defensive contractual remedy
serving to relieve a party from an unfair contract or contractual provision.
13. Green Tree believes and therefore avers that there is no affirmative cause
of action based on unconscionability.
14. Count II of the Complaint Against Green Tree has no basis in Pennsylvania
law and must be stricken.
WHEREFORE, Additional Defendant, Green Tree Financial Corporation, demands
dismissal of Count II of Defendant's Complaint, with prejudice.
IV. PRELIMINARY OBJECTION PURSUANT TO PA. R.CIV.P. RULE
1028(x)(3) - INSUFFICIENT SPECIFICITY - COUNTS II AND III
15. The averments of paragraphs 1 through 14 hereof are incorporated herein
by reference, as if fully set forth.
16. Pa. R.Civ.P. Rule 1019(b) requires that averments of fraud must be averred
"with particularity."
17. A review of Count III of Defendant's CTJ reveals that Defendant has failed
to state with particularity what acts and omissions allegedly done by Green Tree
constituted fraud.
18. As a result, Green Tree is not able to prepare its defense to the CTJ or to be
fully advised of the claims against it.
19. Similarly, as to Count I I of the CTJ, Defendant fails to set forth with specificity
the material facts on which his cause of action is based, as required by Pa. R.Civ.P.
Rule 1019(a).
20. As a result, Green Tree is not able to prepare its defense to the CTJ or to be
fully advised of the claims against it.
WHEREFORE, Additional Defendant, Green Tree Financial Corporation, demands
dismissal of Count II and Count III of Defendant's Complaint, with prejudice, or in the
alternative, that Defendant be required to re-plead, with specificity, the factual bases for
these counts.
V. PRELIMINARY OBJECTION PURSUANT TO PA. R.CIV.P. RULE
1028(a)(2) -FAILURE TO ATTACH PURCHASE AGREEMENT
21. The causes of action set forth in Defendant's CTJ are based on his purchase
of a 1987 Fleetwood Mobile Home, on or about February 14, 2007. (See: CTJ, Para. 4).
22. At the time of the purchase of the home, the parties signed a Purchase
Agreement, memorializing the transaction, setting forth the rights and responsibilities of
the parties, and stating other conditions of the sale.
23. While Defendant attaches copies of a power of attorney and a check, he fails
to attach a copy of the Purchase Agreement forming the basis of the transaction.
24. Pa. R.Civ.P. Rule 1019(i) requires that when a claim or defense is based on
a writing, the writing must be attached to the pleading.
25. Defendant's claim is based on a writing which he fails to attach to the
Complaint, in violation of Rule 1019(1).
WHEREFORE, Additional Defendant, Green Tree Financial Corporation, demands
dismissal of Defendant's Complaint, with prejudice, or in the alternative, that Defendant be
required to re-plead and attach a copy of the Purchase Agreement.
VI. PRELIMINARY OBJECTION PURSUANT TO PA. R.CIV.P. RULE
1028(a)(3) - INSUFFICIENT SPECIFICITY - COUNT IV
26. Count IV of Defendant's CTJ purports to set forth a claim for breach of
warranty under the Uniform Commercial Code, specifically, 13 Pa. C.S. § 2312.
27. Defendant fails to set forth with specificity the nature of said purported
warranty.
28. Defendant fails to set forth with specificity the acts and omissions by
Green Tree which he purports resulted in the alleged breach of warranty.
29. As a result, Green Tree is not aware of the nature of Defendant's claim
against it, nor is it able to prepare its defense to Count IV of Defendant's CTJ.
WHEREFORE, Additional Defendant, Green Tree Financial Corporation, demands
dismissal of Count IV of Defendant's Complaint, with prejudice, or in the alternative, that
he be required to re-plead said Count with specificity as to the claim asserted.
RESPECTFULLY SUBMITTED:
DYER LAW FIRM, P.C.
9 ?--
Erin P. Dyer, Esquire
PAID Number: 52748
Attorney for Green Tree
Consumer Discount Company
5743 Centre Avenue
Pittsburgh, PA 15206
Telephone: (412) 361-1000
Telefax: (412) 361-6800
Christopher E. Rice, Esquire
Local Counsel for Green Tree
Consumer Discount Company
Ten E. High Street
Carlisle, PA 17013
Telephone: (717) 243-3341
Telefax: (717) 243-1850
LAGreen Tree\Kimball, MerleTreliminary Objections.wpd
VERIFICATION
I, Erin P. Dyer, am an attorney for Green Tree Servicing LLC, the Additional
Defendant in this action. I verify that the matters stated in the foregoing are not all within
my personal knowledge, but, that to the best of my knowledge the matters stated in the
foregoing are true and correct. I am signing this verification on behalf of Green Tree
Servicing LLC because it is outside the jurisdiction of this court and its verification cannot
be timely obtained. I understand that the statements in the foregoing are made subject to
the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
Dated: ?/a n6
Erin P. Dyer, Esquire
LAGreen Tree\Kimball, Merle\Pre Obj EPD Verificationmpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST,
Plaintiff,
No: 2008 - 2788 CIVIL
v.
MERLE KIMBALL,
Defendant,
V.
GREEN TREE FINANCIAL
CORPORATION,
Additional Defendant
ORDER (GRANTING OBJECTIONS I, II, III, OR ALL OBJECTIONS)
AND NOW, this day of , 2008, Additional
Defendant, Green Tree Financial Corporation, having filed Preliminary Objections, and
after due consideration thereof, said Objections are hereby SUSTAINED.
It is hereby ORDERED, ADJUDGED, AND DECREED that Defendant,
Merle Kimball's, Complaint Against Additional Defendant Green Tree Financial Corporation
is dismissed, with prejudice.
BY THE COURT:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST,
Plaintiff,
No: 2008 - 2788 CIVIL
V.
MERLE KIMBALL,
Defendant,
V.
GREEN TREE FINANCIAL
CORPORATION,
Additional Defendant.
ORDER (GRANTING OBJECTION II ALTERNATIVE)
AND NOW, this day of , 2008, Additional
Defendant, Green Tree Financial Corporation, having filed Preliminary Objections, and
after due consideration thereof, said Objections are hereby SUSTAINED
It is hereby ORDERED, ADJUDGED, AND DECREED that within twenty (20) days
of the date of this Order, Defendant shall file a return of service as required by Pa. R.Civ.P.
Rule 405 in regard to the Complaint Against Additional Defendant Green Tree Financial
Corporation or suffer dismissal with prejudice of the Complaint.
BY THE COURT:
J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST,
Plaintiff,
No: 2008 - 2788 CIVIL
V.
MERLE KIMBALL,
Defendant,
V.
GREEN TREE FINANCIAL
CORPORATION,
Additional Defendant.
ORDER (SPECIFICITY - RE-PLEAD - OBJECTIONS IV AND VI)
AND NOW, this day of
, 2008, Additional
Defendant, Green Tree Financial Corporation, having filed Preliminary Objections, and
after due consideration thereof, said Objections are hereby SUSTAINED.
It is hereby ORDERED, ADJUDGED, AND DECREED that within twenty (20) days
of the date of this Order, Defendant shall file an Amended Complaint Against Additional
Defendant Green Tree Financial Corporation, setting forth with specificity his claims under
the following Counts:
or suffer dismissal, with prejudice, of said Counts.
BY THE COURT:
J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST,
Plaintiff,
No: 2008 - 2788 CIVIL
V.
MERLE KIMBALL,
Defendant,
V.
GREEN TREE FINANCIAL
CORPORATION,
Additional Defendant.
ORDER (DISMISSAL - COUNT 11)
AND NOW, this day of , 20081'Additioryat
Defendant, Green Tree Financial Corporation, having filed Preliminary Objections, and
after due consideration thereof, said Objections are hereby SUSTAINED.
It is hereby ORDERED, ADJUDGED, AND DECREED that Count 11 of the Complaint
Against Additional Defendant Green Tree Financial Corporation is dismissed, with
prejudice.
BY THE COURT:
J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST,
Plaintiff,
No: 2008 - 2788 CIVIL
V.
MERLE KIMBALL,
Defendant,
V.
GREEN TREE FINANCIAL
CORPORATION,
Additional Defendant
ORDER (ATTACH PURCHASE AGREEMENT)
AND NOW, this day of , 2008, Additional Defendant,
Green Tree Financial Corporation, having filed Preliminary Objections, and after due
consideration thereof, said Objections are hereby SUSTAINED.
It is hereby ORDERED, ADJUDGED, AND DECREED that, within twenty (20) days
of the date of this Order, Defendant shall file an Amended Complaint Against Additional
Defendant Green Tree Financial Corporation, and include as an attachment a copy of the
Purchase Agreement between Defendant and him or suffer dismissal, with prejudice, of
the Complaint.
BY THE COURT:
J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST,
Plaintiff,
No: 2008 - 2788 CIVIL
V.
MERLE KIMBALL,
Defendant,
V.
GREEN TREE FINANCIAL
CORPORATION,
Additional Defendant.
CERTIFICATE OF SERVICE
I, the undersigned, certify that on July 21, 2008, 1 served or caused to be served,
a copy of the Preliminary Objections of Additional Defendant, filed herewith, by sending
same via United States First Class Mail, Postage Prepaid, to each of the following at the
address indicated:
Geoffrey M. Biringer, Esquire
Mid Penn Legal Services
401 E. Louther Street, Suite 103
Carlisle, PA 17013
Attorney for Merle Kimball
Dated: e??? /08
LAGreen Tree\Kimball, MerleTreliminary Objectionsmpd
Joseph N. Gothie, Esquire
111 E. Market Street, Suite 101
York, PA 17401
Attorney for Country Manor West
DYER LAW FIRM, P.C.
--=
Erin P. Dyer, Esquire
PAID Number: 52748
Attorney for Green Tree C.D.C.
5743 Centre Avenue
Pittsburgh, PA 15206
Telephone: (412) 361-1000
Telefax: (412) 361-6800
C_ ?a -rs
rTl
SV rj C:
x C : =-1
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
(List the within matter for the next Argument Court.)
CAPTION OF CASE (entire caption must be stated in full)
COUNTRY MANOR WEST,
Plaintiff,
vs.
MERLE KIMBALL,
Defendant,
VS.
GREEN TREE FINANCIAL CORPORATION,
Additional Defendant. No. 2008, 2788 CIVIL, Term
State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.):
Additional Defendant's Preliminary Objections
2: Identify all counsel who will argue cases:
(a) for plaintiffs:
Joseph N. Gothie. Esq.. 111 East Market St.. Suite 101, York PA 17401
(Name and Address)
(b) for defendants:
Geoffrey M. Biringer, Esq., MidPenn Legal Services 401 E. Louther St Carlisle PA 17013
(Name and Address)
(c) for additional defendants
Christopher E. Rice. Esq.. Ten E. High St. Carlisle PA 17013
or Erin P. Dyer, Esq., 5743 Centre Ave., Pittsburgh, PA 15206 (Name and Address)
3. 1 will notify all parties in writing within two days that this case has been listed for argument.
Yes.
4. Argument Court Date:
September 3. 2008
Dyer Law Firm P.C.
Signature
Erin P. Dyer, Esquire
Print your name
Green Tree Servicing LLC
Date: 77 /a//` z Lead Counsel for Additional Defendant
INSTRUCTIONS:
1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
m CD
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x., _. C--
N
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff
V.
MERLE KIMBALL
Defendant
V.
GREEN TREE FINANCIAL
CORPORATION
Additional Defendant
No.2008 - 2788 CIVIL
CIVIL ACTION -LAW
RETURN OF SERVICE BY AFFIDAVIT PURSUANT TO Pa.R.C.P.No.405(d)
I, Geoffrey M. Biringer, a Member of the Pennsylvania and Cumberland County
Bars in good standing, hereby state that on the 9`' day of June, 2008, I served Defendant's
Complaint against Additional Defendant, Green Tree Financial Corporation, and original
Complaint against Defendant, Defendant's Answer with New Matter, Affirmative
Defenses, and Counterclaims, by first class U.S. Mail, postage prepaid, on the following
corporation and at the following address (certified mail receipt and proof of service
attached hereto):
Green Tree Financial Corporation
1100 Landmark Towers
345 St. Peter Street
St.Paul, Minnesota 55102-1639
Date: July 24, 2008
Geoffrey M. Biringer
401 E.Louther Street
Carlisle, PA 17013
(717)243-9400
Supreme Court ID#18040
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff No.2008 - 2788 CIVIL
v. CIVIL ACTION -LAW
MERLE KIMBALL
Defendant
V.
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Additional Defendant
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, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAYOFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle,PA
717-249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff No.2008 - 2788 CIVIL
V. CIVIL ACTION -LAW
MERLE KIMBALL
Defendant
V.
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Additional Defendant
DEFENDANT MERLE KIMBALL'S AMENDED COMPLAINT
AGAINST ADDITIONAL DEFENDANT GREEN TREE CONSUMER
DISCOUNT COMPANY
Merle Kimball, by and through his attorneys, MidPenn Legal Services and
Geoffrey M. Biringer, Esquire, hereby sets forth as follows:
1. Defendant is Merle Kimball, an adult individual, who resides at 145 Glenwood
Drive, Dillsburg, Cumberland County, Pennsylvania.
2. Additional Defendant is Green Tree Consumer Discount Company, a public
corporation with a home office address of 1100 Landmark Towers, 345 St. Peter
Street, St. Paul, Minnesota 55102-1639.
3. On or about February 14, 2007, Green Tree Consumer Discount Company, known
hereinafter as "Green Tree," and acting through their agent or agents, sold
Defendant Merle Kimball a 1987 Fleetwood Mobile Home, Serial
#VAFLCM1AG50197018 for $1,000. (Certified Check and Power of Attorney
attached hereto as Defendant's Exhibit "1").
4. Defendant believes, and therefore avers, that he never received a copy of the
Purchase Agreement with Additional Defendant or, if he did, he is not able to
locate the said Agreement for purposes of the filing of this Complaint, but will
seek the document in discovery.
5. At the time of the sale, the Mobile Home sat on a lot owned by the original
Plaintiff herein, Country Manor West, and located at 6-S Spruce Lane, Carlisle,
Cumberland County, Pennsylvania 17015
6. When Defendant applied for residency in the mobile home park owned by the
Plaintiff, Defendant was told that "back rent" was due in the amount of $1,083,
which must be paid before Defendant could be approved for residency in the
mobile home park. (Invoice attached hereto as Defendant's Exhibit "2").
7. It is believed and therefore averred that the "back rent" was owed to the Plaintiff
by Additional Defendant Green Tree.
No one from Green Tree told Merle. Kimball that any "back rent" was due and
that he would be required to assume their obligation prior to approval for
admission to the mobile home park.
9. Defendant Merle Kimball was coerced into paying Plaintiff $1,083 for admission
to the mobile home park because he did not have the ability or the means to
relocate the mobile home from the lot owned by the Plaintiff.
10. Additional Defendant Green Tree knew or should have known that the $1,083
obligation was theirs and not that of the Defendant, yet took no action to disclose
this obligation to the Defendant.
11. Additional Defendant Green Tree intentionally misled the Defendant into
believing that his purchase of their mobile home would be his only obligation,
other than security deposit, current lot rent, and background checks, for admission
to the mobile home park.
12. Additional Defendant Green Tree's misrepresentations to Defendant Kimball
damaged him in that he was required to pay $1,083 "up front," to the Plaintiff
leaving him without a sufficient income to pay his other bills and causing him and
his son financial hardships, leading eventually to Plaintiff's claims for rent and
eviction from the mobile home park.
13. Defendant, under pressure from the Plaintiff due to a pending eviction action,
moved his mobile home to another location on or about May 29, 2008.
COUNT I - UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
14. Paragraphs 1-13 are incorporated herein by reference hereto.
15. By intentionally misleading Defendant Merle Kimball into purchasing his mobile
home without disclosing that Additional Defendant owed "back rent" to the
Plaintiff, and that the payment of this "back rent" was a prerequisite to his
admission to Plaintiff's mobile home park, Additional Defendant violated
Pennsylvania's Unfair Trade Practices and Consumer Protection Law, specifically
at 73 P.S. Section 201-2(4)(xxi).
16. As a result of Additional Defendant's deceptive conduct, Defendant Kimball has
been damaged in the amount of $1,083 and an amount of unliquidated damages
for Additional Defendants' egregious conduct.
WHEREFORE, Defendant Merle Kimball demands that a judgment be entered
against Additional Defendant Green Tree Consumer Discount Company and in the
amount of $3,249 and any other amounts that this Court find reasonable under the
circumstances, said amount being within the amount required for referral to arbitration.
COUNT II-FRAUD
17. Paragraphs 1-16 are incorporated herein by reference hereto.
18. Additional Defendant Green Tree's failure to pay "back rent" to the Plaintiff prior
to sale of the mobile home to the Defendant, knowing that Defendant would be
required to pay their debt prior to admission to the mobile home park, was
fraudulent.
19. Green Tree failed to disclose to Defendant that the back rent was either not
Defendant's debt, or, as a matter of contract, that their debt was shifted to
Defendant.
20. Green Tree's failure to disclose that the back rent was not Defendant's debt but
theirs, was intentional.
21. Green Tree knew or should have known that said failure to disclose would be
harmful to the Defendant.
22. Defendant relied on Green Tree's representations that this back rent owed by
them was, in fact, owed by the Defendant and, as a result, Defendant paid their
back rent.
23. As a result, Defendant was damaged in the specific amount of $1,083 and
suffered the pain and humiliation of an eviction action pending at least until the
mobile home was relocated on May 29, 2008.
WHEREFORE, Defendant demands that a judgment be entered for the Defendant
and against Additional Defendant Green Tree Consumer Discount Company in the
amount of $3,249 and any other such amounts that this Court deems to be reasonable,
said amounts being within the amounts requiring referral to arbitration.
COUNT III - BREACH OF WARRANTY UNDER
UNIFORM COMMERCIAL CODE,
24. Paragraphs 1-23 are incorporated herein by reference hereto.
25. Additional Defendant's failure to pay "back rent" to the Plaintiff prior to sale
of the mobile home to the Defendant, knowing that Defendant would be required
to pay their debt prior to admission to the mobile home park, and without
informing the Defendant of the "back rent" owed, amounted to an encumbrance
on the mobile home violative of Article 2 of Pennsylvania's Uniform
Commercial Code, 13 Pa.C.S.Section 2312.
26. As a result, Defendant was damaged in the specific amount of $1,083 and
suffered the pain and humiliation of an eviction action pending at least until the
mobile home was relocated on May 29, 2008.
WHEREFORE, Defendant demands that a judgment be entered for the Defendant
and against the Additional Defendant in the amount of $3,249 and any other such
amounts that this Court deems to be reasonable, said amounts being within the amounts
requiring referral to arbitration.
Date:
,01-7106
Respectfully Submitted:
MIDPENN LEGAL SERVICES
BY:
Geoffrey M.Biringer (J
401 E.Louther Street
Carlisle,PA 17013
(717)243-9400; Fax#(717)243-8026
Supreme Court ID#18040
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A Issued By: Moneygram Payment Systems, Inc.
P.O. Box 9476, Mlnneepolis MN 66480
MEMBERS 1st Drawee: Boston Safe Deposit & Trust Company
Boat°n, 6.7091110 0
00 0000249913
•A
FEDERAL CREDIT UNION DATE'
P.O. Box 40
Mechanicsburg, Pennsylvania 17055 02/14/07 $1,000.00
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PAY "One Thousand and 00/1
GREEN TREE SERVICING,
TO THE OR MERLE I KIMBALL TR
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P.O. Box 9476, Minneapolis MN 66480
MEMBERS 1St Orawee: Boston Sate Deposit & Trust Company
Boston, MA
6-709/110
FEDERAL CREDIT UNION DATE
P.O. Box 40
Mechanicsburg, Pennsylvania 17055 02/14/07
00 0000249914
$22.50
Ex. of lot
r%n/100 T10T I-ARC **
COUNTRY MANOR WEST
NO. 2, APPLE ALLEY
CARLISLE, PA 17015
Names : -----------
Address: --J ---' }`--Cal`-R'-----
Carlisle, PA 17015
INVOICE
Statement of Fees for Residency in Country Manor West
Pro Rated Rent ( ) $
First Month's Rent ($361.00) $_
First Month's Rent Sr. ($351.00) $
Credit Check ($55.00) $
Office File Prep. ($55.00) $_
Security Deposit on Lot ($100.00) $_??_
------- - ------------- --------
Total Amount Due $ i l P.3-a f
(-a) /
The above is pending approval of Personal Credit Application and
Proof of Ownership of home.
Received/ ??l b7
Deposited----/----/
Check #q)3q Amount $
Country Ma or Representative
Ex. 11 2 11
VERIFICATION
I, Geoffrey M. Biringer, am the attorney for the Defendant, Merle Kimball in this
action. I verify that the matters stated in the foregoing are not all within my personal
knowledge, but, to the best of my knowledge, the matters stated in the foregoing are true
and correct. I am signing this verification on behalf of Merle Kimball because he cannot
be located at the present time, may be outside the jurisdiction of this court, and his
verification cannot be timely obtained. When his whereabouts are ascertained, his
verification will be substituted for mine. I understand that the statements in the foregoing
are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to
authorities.
Dated:
Geoffrey M. Biringer, Esquire
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff
V.
MERLE KIMBALL
Defendant
V.
GREEN TREE CONSUMER
DISCOUNT COMPANY
Additional Defendant
No.2008 - 2788 CIVIL
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Geoffrey M. Biringer, hereby state that on the/ da of August, 2008, I served
Defendant Merle Kimball's Amended Complaint against Additional Defendant, Green
Tree Consumer Discount Company, by First Class U.S. Mail, postage prepaid, to each of
the following at the address indicated:
Joseph N. Gothie, Esquire
111 E. Market Street, Suite 101
York, PA 17401
Attorney for Plaintiff
Christopher E. Rice, Esquire
Ten E. High Street
Carlisle, PA 17013
Local Counsel for Additional
Defendant
Erin P.Dyer, Esquire
5743 Centre Avenue
Pittsburgh,PA 15206
Attorney for Additional Defendant
Date: August,7008
Geoffrey M. Biringer
401 E.Louther Street
Carlisle, PA 17013
(717)243-9400
Supreme Court ID#18040
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?% :ate
10-08-'08 12;02 FROM-
COUNTRY MANOR WES'T'.
Plaintiff
Vs.
MERLE KIMBALL,
Defendant
VS.
GRAN TREE FINANCIAL
CORPORATION,
Additional
Defendant
: COURT OF COIVt>t
: CUMBERLAND C
NO,08-2788
CIVIL ACTION -
To Curtis R. Long, Prothonotary:
Please discontinue the above captioned case as to Addib
7We Financial Corporation.
Dated: !Q /2,9
Jos N.Gothic,
Dated• 0 h r/,J)z
Geoffrey M. Birii
Dated.: D v `?1
Brin Dyer, for
T-052 P002/002 F-524
PLEAS
, Defendant Green
Q
Plaintiff
r, for Defendant
onal Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST,
Plaintiff,
V.
MERLE KIMBALL,
Defendant,
V.
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Additional Defendant.
TO: DEFENDANT MERLE KIMBALL
You are hereby notified to file a written
response to the New Matter within twenty
(20) days from service hereof or a
judgment may be entered against you.
Erin P. Dyer, Esquire
No: 2008 - 2788 CIVIL
CIVIL ACTION - LAW
ANSWER AND NEW MATTER OF
GREEN TREE CONSUMER
DISCOUNT COMPANY TO
AMENDED COMPLAINT
Filed on behalf of:
Green Tree Consumer Discount
Company
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST,
Plaintiff,
No: 2008 - 2788 CIVIL
V.
MERLE KIMBALL,
Defendant,
V.
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Additional Defendant.
ANSWER
AND NOW, comes Additional Defendant, Green Tree Consumer Discount Company
("Green Tree"), by its attorneys, Dyer Law Firm, P.C., and Erin P. Dyer, Esquire, and files
its Answer and New Matter to the Amended Complaint to Join, as follows:
ANSWER
1. The averments of paragraph 1 are admitted.
2. The averments of paragraph 2 are admitted.
3. The averments of paragraph 3 are admitted in part and denied in part. The
averments are admitted except as to the date of the transaction, which is specifically
denied. To the contrary, the correct date was February 12, 2008. By way of further
answer, the rights and responsibilities of the parties were set forth in a
Purchase Agreement executed by the parties, a copy of which is attached hereto and
incorporated by reference herein, as Exhibit I.
4. The averments of paragraph 4 are specifically denied. To the contrary,
Defendant signed the Purchase Agreement, a copy ofwhich is attached hereto as Exhibit I,
and a copy of it was provided to him.
5. The averments of paragraph 5 are admitted.
6. After reasonable investigation, Green Tree lacks sufficient information with
which to form a belief as to the truth or falsity of the averments of paragraph 6. Therefore,
the averments are denied.
7. The averments of paragraph 7 constitute a conclusion of law to which no
response is required. To the extent a response is required, the averments are specifically
denied. To the contrary, no back rent was owed to Plaintiff by Green Tree. Any back rent
was owed solely by the previous owner of the manufactured home. Moreover, as part of
the consideration for the purchase of the home, Defendant agreed to be responsible for
all rents, past due rents, and association dues owed on the home. Defendant's
responsibility for these charges is clearly set forth in Exhibit I hereto. By way of further
answer, at no time was Green Tree responsible to any person or party for back rent
allegedly owed Plaintiff.
8. The averments of paragraph 8 are specifically denied. To the contrary,
Defendant was fully aware that he was responsible for all back rent due on the home. As
set forth, clearly and conspicuously in Exhibit I hereto: "Purchaser shall be responsible for
all rents, including those past due and any assoc.[iation] due (sic) in mhp [mobile home
park] if applies (sic) where home mobile home resides." Green Tree put Defendant on
notice that he and he alone was responsible for all such back rent. Exhibit I also states
that "Purchaser to call and verify all rent/tax figures with park, landowner, Tax Claim
Bureau." By way of further answer, at no time was Green Tree responsible to any person
or party for back rent allegedly owed Plaintiff.
9. After reasonable investigation, Green Tree lacks sufficient information with
which to form a belief as to the truth or falsity of the averments in paragraph 9. Therefore,
the averments are denied. Byway of further response, Green Tree specifically denies that
it coerced Defendant in any manner or that he was not aware that back rent was his
responsibility.
10. The averments of paragraph 10 constitute a conclusion of the law to which
no response is required. To the extent a response is required, the averments are
specifically denied. To the contrary, pursuant to Exhibit I, Defendant was fully aware that
back rent was his responsibility. At a minimum, Defendant had a duty of inquiry to
ascertain the status of any back rent obligation. If he failed to do so, it was at his peril.
Rather than failing to disclose or affirmatively misleading Defendant, Green Tree acted
reasonably in disclosing who was responsible for back rent. Defendant signed the
Purchase Agreement, acknowledging his responsibility for back rent. At all times,
Green Tree acted reasonably, responsibly, openly, and properly toward Defendant. By
way of further answer, at no time was Green Tree responsible to any person or party for
back rent allegedly owed Plaintiff.
11. The averments of paragraph 11 constitute a conclusion of the law to which
no response is required. To the extent a response is required, the averments are
specifically denied. To the contrary, pursuant to Exhibit I, Defendant was fully aware that
back rent was his responsibility. At a minimum, Defendant had a duty of inquiry to
ascertain the status of any back rent obligation. If he failed to do so, it was at his peril.
Rather than failing to disclose or affirmatively misleading Defendant, Green Tree acted
reasonably in disclosing who was responsible for back rent. Defendant signed the
Purchase Agreement, acknowledging his responsibility for back rent. At all times,
Green Tree acted reasonably, responsibly, openly, and properly toward Defendant.
12. The averments of paragraph 12 constitute a conclusion of the law to which
no response is required. To the extent a response is required, after reasonable
investigation Green Tree lacks sufficient information with which to form a belief as to the
truth or falsity of the averments in paragraph 12. Therefore, the averments are denied.
By way of further response, Green Tree specifically denies that it misrepresented or failed
to disclose any fact to Defendant, for the reasons set forth in paragraph 10 hereof, which
is incorporated herein by reference.
13. After reasonable investigation, Green Tree lacks sufficient information with
which to form a belief as to the truth or falsity of the averments of paragraph 13.
Therefore, the averments are denied.
COUNT I - UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW
14. Paragraphs 1 through 13 of thisAnswerare incorporated herein by reference
in response to paragraph 14, as if fully set forth.
15. The averments of paragraph 15 constitute a conclusion of law to which no
response is required. To the extent a response is required, the averments are specifically
denied. To the contrary, at no time did Green Tree engage in any conduct involving
misrepresentations, deception, or acts or omissions in violation of the subject statute. At
all times, Green Tree acted properly and reasonably relative to Defendant and the
transaction in question. His responsibility for back rent was clearly stated and agreed to
by Defendant in the Purchase Agreement. To the extent Defendant failed to inquire
concerning back rent after being placed on notice, he did so at his peril. Any damages,
alleged or suffered by Defendant, were a direct and proximate result of his own acts and
omissions, and not those of Green Tree. Green Tree is not responsible for any damages
alleged by Defendant.
16. The averments of paragraph 16 constitute a conclusion of law to which no
response is required. To the extent a response is required, the averments are specifically
denied. To the contrary, at no time did Green Tree engage in any conduct involving
misrepresentations, deception, or acts or omissions in violation of the subject statute. At
all times Green Tree acted properly and reasonably relative to Defendant and the
transaction in question. His responsibility for back rent was clearly stated and agreed to
by Defendant in the Purchase Agreement. To the extent Defendant failed to inquire
concerning back rent after being placed on notice, he did so at his peril. Any damages,
alleged or suffered by Defendant, were a direct and proximate result of his own acts and
omissions, and not those of Green Tree. Green Tree is not responsible for any damages
alleged by Defendant.
WHEREFORE, Additional Defendant, Green Tree Consumer Discount Company,
demands judgment in its favor and against Defendant, Merle Kimball.
COUNT II - FRAUD
17. Paragraphs 1 through 16 of this Answer are incorporated herein by reference
in response to paragraph 17, as if fully set forth.
18. The averments of paragraph 18 constitute a conclusion of law to which no
response is required. To the extent a response may be required, the averments are
specifically denied. To the contrary, Green Tree had no duty or responsibility to pay any
back rent accrued on the home. Green Tree engaged in no fraudulent conduct, and, at all
times acted reasonably and properly relative to Defendant and the transaction.
Green Tree disclosed in the Purchase Agreement that any back rent was Defendant's and
not its responsibility, regardless of whether Green Tree knew back rent was owed.
Defendant agreed to purchase the home knowing that he would be the party responsible
for such payments. At minimum, Defendant had a duty of inquiry, and, if he ignored that
duty, it was at his peril. As set forth in the Purchase Agreement, which constituted the
contract between the parties, Defendant was responsible for any back rent owed.
Green Tree did not engage in any intentional wrongful conduct, because the responsibility
for back rent was fully disclosed in Exhibit I. By way of further response, at no time was
Green Tree responsible to any person or party for back rent allegedly owed Plaintiff.
19. The averments of paragraph 19 constitute a conclusion of law to which no
response is required. To the extent a response may be required, the averments are
specifically denied. To the contrary, Green Tree had no duty or responsibility to pay any
back rent accrued on the home. Green Tree engaged in no fraudulent conduct, and, at all
times acted reasonably and properly relative to Defendant and the transaction.
Green Tree disclosed in the Purchase Agreement that any back rent was Defendant's and
not its responsibility, regardless of whether Green Tree knew back rent was owed.
Defendant agreed to purchase the home knowing that he would be the party responsible
for such payments. At minimum, Defendant had a duty of inquiry, and, if he ignored that
duty, it was at his peril. As set forth in the Purchase Agreement, which constituted the
contract between the parties, Defendant was responsible for any back rent owed.
Green Tree did not engage in any intentional wrongful conduct, because the responsibility
for back rent was fully disclosed in Exhibit I. Green Tree disclosed all relevant information
concerning back rent to Defendant at the time he purchased the subject mobile home.
20. The averments of paragraph 20 constitute a conclusion of law to which no
response is required. To the extent a response may be required, the averments are
specifically denied. To the contrary, Green Tree had no duty or responsibility to pay any
back rent accrued on the home. Green Tree engaged in no fraudulent conduct, and, at all
times acted reasonably and properly relative to Defendant and the transaction.
Green Tree disclosed in the Purchase Agreement that any back rent was Defendant's and
not its responsibility, regardless of whether Green Tree knew back rent was owed.
Defendant agreed to purchase the home knowing that he would be the party responsible
for such payments. At minimum, Defendant had a duty of inquiry, and, if he ignored that
duty, was at his peril. As set forth in the Purchase Agreement, which constituted the
contract between the parties, Defendant was responsible for any back rent owed.
Green Tree did not engage in any intentional wrongful conduct, because the responsibility
for back rent was fully disclosed in Exhibit I. Green Tree disclosed all relevant information
concerning back rent to Defendant at the time he purchased the subject mobile home. By
way of further answer, at no time was Green Tree responsible to any person or party for
back rent allegedly owed Plaintiff.
21. The averments of paragraph 21 constitute a conclusion of law to which no
response is required. To the extent a response is required, the averments are specifically
denied. To the contrary, Green Tree disclosed all relevant information to the Defendant
concerning his home purchase. It engaged in no conduct that was harmful to Defendant.
Based on the Purchase Agreement, Defendant knew or should have known that he was
the party responsible for any back rent due on the home. At a minimum, Green Tree
disclosed all relevant information concerning back rent to Defendant at the time he
purchased the subject mobile home. By way of further answer, at no time was Green Tree
responsible to any person or party for back rent allegedly owed Plaintiff.
22. The averments of paragraph 22 constitute a conclusion of law to which no
response is required. To the extent a response may be required, the averments are
specifically denied. To the contrary, it is contradictory for Defendant to allege in
paragraphs 19 - 21 that Green Tree failed to disclose information to him and in paragraph
22 that it affirmatively represented that it was responsible for payment of the back rent.
Green Tree specifically denies that the back rent was its responsibility at any time or that
it at any time represented to Defendant that it was responsible for its payment. To the
contrary, at all relevant times, Green Tree maintained that back rent was Defendant's
responsibility. It disclosed in the Purchase Agreement, and Defendant agreed, that he was
responsible for payment of any back rent. At a minimum, such disclosures placed
Defendant on notice to inquire concerning back rent. He failed to do so at his peril and/or
purchased the home with knowledge that back rent was owed to Plaintiff. Green Tree
disclosed all relevant information concerning back rent to Defendant at the time he
purchased the subject mobile home. By way of further answer, at no time was Green Tree
responsible to any person or party for back rent allegedly owed Plaintiff.
23. The averments of paragraph 23 constitute a conclusion of law to which no
response is required. To the extent a response is required, the averments are specifically
denied. To the contrary, it is specifically denied that Defendant has been damaged by any
act or omission by Green Tree. At all times, Green Tree acted properly and reasonably
relative to the Defendant. By way of further response, Green Tree incorporates herein by
reference the other averments of this Answer and New Matter, as if fully set forth.
WHEREFORE, Additional Defendant, Green Tree Consumer Discount Company,
demands judgment in its favor and against Defendant, Merle Kimball.
COUNT III - BREACH OF WARRANTY UNDER UNIFORM COMMERCIAL CODE
24. Paragraphs 1 through 23 of this Answer are incorporated herein by reference
in response to paragraph 24, as if fully set forth.
25. The averments of paragraph 25 constitute a conclusion of law to which no
response is required. To the extent a response may be required, the averments are
specifically denied. To the contrary, Green Tree had no responsibility to pay back rent.
Defendant knew, or should have known that he was responsible for back rent and agreed
to be responsible for it in the Purchase Agreement for the home. Defendant was fully
aware and informed that any back rent was his responsibility. He purchased the home fully
aware that he was solely responsible for back rent. At a minimum, he had a duty of inquiry
to ascertain the status of back rent. He either failed to do so, at his peril, or purchased the
home in spite of knowing the amount of back rent owed. There was no de facto or dejure
encumbrance on the home. In the alternative, if there was an encumbrance on the home,
it was not placed there by any act or omission by Green Tree, and/or Defendant purchased
the home with full knowledge of its existence. The encumbrance alleged by Defendant is
not cognizable under the Uniform Commercial Code or otherwise by the law of
Pennsylvania. By way of further response, Defendant purchased the home "where is" and
"as is" and the averments of this Answer and New Matter are incorporated herein by
reference, as if fully set forth.
26. The averments of paragraph 26 constitute a conclusion of law to which no
response is required. To the extent a response is required, the averments are specifically
denied. To the contrary, it is specifically denied that Defendant has been damaged by any
act or omission by Green Tree. At all times, Green Tree acted property and reasonably
relative to the Defendant. By way of further response, Green Tree incorporates herein by
reference the other averments of this Answer and New Matter, as if fully set forth.
WHEREFORE, Additional Defendant, Green Tree Consumer Discount Company,
demands judgment in its favor and against Defendant, Merle Kimball.
NEW MATTER
27. Paragraphs 1 through 26 of the Answer are incorporated herein by reference
as New Matter, as if fully set forth.
28. The Complaint to Join fails to state claims, cognizable under Pennsylvania
law, upon which relief may be granted.
29. At the time Defendant purchased the home, the parties signed the
Purchase Agreement, which set forth the terms and conditions of the sale.
30. Defendant executed the Purchase Agreement.
31. Conspicuous on the Purchase Agreement was the statement that "Purchaser
shall be responsible for all rents, including those past due and any assoc.[iation] due (sic)
in mhp [mobile home park] if applies (sic) where home mobile home resides."
32. Defendant agreed and was aware that any back rent owed on the home was
his responsibility.
33. Green Tree fully and conspicuously disclosed on the Purchase Agreement
that Defendant, and not it, was responsible for payment of any back rent.
34. Green Tree was at no time responsible for payment of back rent on the
home.
35. Defendant, before agreeing to purchase the home, had a duty to investigate
and determine, at his own peril, whether, and in what amount, back rent was owed on the
home.
36. Defendant failed to investigate whether there was back rent owed on the
home.
37. In the alternative, Defendant failed to investigate the amount of the back rent
owed on the home.
38. In the alternative, Defendant purchased the home with full knowledge of his
responsibility for back rent.
39. To the extent Defendant has suffered any damages, Defendant's acts and
omissions are the sole cause.
40. Defendant's actions are barred by comparative negligence, contributory
negligence, unclean hands, and laches.
41. Defendant has failed to mitigate his damages.
42. Green Tree had no legal duty to disclose any back rent obligation.
43. Defendant purchased the home "where is" and "as is."
44. No warranties of any kind were given to Defendant as a result of the
purchase of this home.
45. The purchase transaction is not covered by the Uniform Commercial Code.
46. At all times, Green Tree acted properly, and reasonably relative to Defendant,
his purchase of the subject home, and disclosing who would be responsible for payment
of any back rent.
47. Pursuant to the Purchase Agreement, which Defendant executed, it was the
entire understanding between the parties concerning the purchase transaction.
48. Pursuant to the Purchase Agreement, which Defendant executed, no
representations or inducements were made concerning the transaction, except those
contained in the Purchase Agreement.
49. Defendant's responsibility for payment of back rent was part of the
consideration for the purchase of the subject home.
50. Pursuant to the Purchase Agreement, "[Defendant] Purchaser to call and
verify all rent/tax figures with park, landowner and Tax Claim Bureau."
51. Under Purchase Agreement, it was Defendant's duty to ascertain and verify
any back rent and its amount.
52. Defendant agreed and was aware that any back rent on the home was his
responsibility.
53. Defendant knew or should have known that back rent was his responsibility
and to ascertain the amount thereof.
54. Defendant's acts and omissions relative to the back rent were done at his
own peril.
WHEREFORE, Additional Defendant, Green Tree Consumer Discount Company,
demands judgment in its favor and against Defendant, Merle Kimball.
RESPECTFULLY SUBMITTED:
DYER LAW FIRM, P.C.
Erin P. Dyer, Esquire
PAID Number: 52748
Attorney for Green Tree
Consumer Discount Company
5743 Centre Avenue
Pittsburgh, PA 15206
Telephone: (412) 361-1000
Telefax: (412) 361-6800
Christopher E. Rice, Esquire
Local Counsel for Green Tree
Consumer Discount Company
Ten E. High Street
Carlisle, PA 17013
Telephone: (717) 243-3341
Telefax: (717) 243-1850
L:\Green TreeWimball, Merle\Draft Answer and New Matter FEO EDITS.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST, )
Plaintiff, )
V. )
MERLE KIMBALL, )
Defendant, )
V. )
GREEN TREE CONSUMER )
DISCOUNT COMPANY, )
Additional Defendant. )
No: 2008 - 2788 CIVIL
CERTIFICATE OF SERVICE
I, the undersigned, certify that on WAtAvO4 // , 2008, 1 served
or caused to be served, a copy of the Answer and New Matter of Green Tree Consumer
Discount Company to Amended Complaint, filed herewith, by sending same via United
States First Class Mail, Postage Prepaid, to each of the following at the address indicated:
Geoffrey M. Biringer, Esquire
MidPenn Legal Services
401 E. Louther Street, Suite 103
Carlisle, PA 17013
Attorney for Merle Kimball
Joseph N. Gothie, Esquire
111 E. Market Street, Suite 101
York, PA 17401
Attorney for Country Manor West
DYER LAW FIRM, P.C.
Erin P. Dyer, Esquire
PAID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
Telephone: (412) 361-1000
Telefax: (412) 361-6800
L \Green TreeWimball, Merle\Draft Answer and New Matter FEO EDITS.wpd
VERIFICATION
Erin P. Dyer, Esquire, on behalf of Green Tree Consumer Discount Company, as
its attorney deposes and says subject to the penalties of 18 Pa. C.S. section 4904 relating
to unsworn falsification to authorities that the facts set forth in the foregoing are true and
correct to the best of his information and belief. He signs the Affidavit on behalf of the
Additional Defendant because the Additional Defendant is outside this jurisdiction and,
therefore, the Plaintiffs Verification cannot be timely obtained. Upon request, the
Additional Defendant will provide its Verification.
AEM:?>
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
LAGreen Tree\Kimball, Merle\Verification-Ans.&CC.wpd
FEB-12-2007 MON 05,1.A GREENTREE FAX NO. ),49347174 P. 03
k p, Z ¢Z ,; GREEN TREE SERVICING, t_LC.
Purchase Agreement
N II,PL 11*1fUnT Tlr WaN1N I, 4( Am MY NU IN 10 Ul l1rICIVern AW1 cnrtrrpylFn dCN7gTt Yi Cd111UCr. 11 ti Vrq,WN YW Af0 YW l rlCi L'h Te, TI IC iUTAA rrI• rJl?r 4T Tr, T/l, 7ti1NR ANA
CEM11I0101 Cr nwNULMR] YouAWITn NriL AIM IAMMMrV0LMrEFMLrA%jW00SM Lo wi.
rI)D9E-ES-S--- Motto Kimball 717448-9461 - 211212007
S PERSON
e S. $nice Lane Country Manor West Cadiise, PA 17013 Marv ru nn)1lnl,hh
MAKE a MODEL -- EAR
Reetwood Y1687 Bo. RMS R-OOR SIZE
2 1470 USED HOME
VAFLCM1AG5or97o1s Gr1E9N 1 A=. I PAWOSED DEL. DATE
Seaston • 18338771 Qn•Site KEY NUMBERS
CEILING '
EXTERIORS U
FLOORS
THIS W21IJITIONWORIVINMONWASFRN91ZD15YTHE~AcTURER,rND
IS DIMLOW D W COIWLWVCE WITHTH SUBTOTAL $1 OD
E FEDERAL TRADC DoMp &W N RlAB
OPTIONAL EOUIPMBg, LABOR AND ACCESSORIES
1. CA911 A EPR-CE-
THE ITEM DESCRIBED ABOVE IS SOLD AS 1S AND WHERE IS TRADE-IN ALLOWANCE 0.
"00
WITHOUT WARRANTY OF GUARANTY, EITHER EXPRESSED OR LESS BAL. DUE oN maw ?00
IMPL1,50,ASrOITSMERCM107BILITY,ITSCOND1170MOFTHE WiTN'LOWANCLI Woo
CONDITION OF ANY PART THEREAT 1NCL UD1 NG ITS SU?TAfRLIT Y CASH DOWN PAYMENT $0.00
FOR PURPOSE, QUALITY, YEAR OF MANUFACTURE
SIZE OR GASH AS AGREED *X to i im ap DO
,
MpDEt. 2. SS AL d S
SL48TOTAL
ALES TAX OF NOT INCL ABOVE) NIA
AND P
THIS MANUF'ACIrlinFri DwFI !ores IA: CTR1Afe: cne n nA! A Ae A e ,C urchaser
ailing e rQSpOnSI e r a taxes
SASIS OR WfTHALL FAULTS BASIS, AND THE ENTIRE RISK AS TO (Mice & property faxes) due as well as
THE OUALITYANO PERFORMANCE OF THE MANUFACTURED transfer of title
DWELUNG IS WITH THE BUYER. IF THE MANUFACTURED Certifier) funds must be in the Green Tree Fin
DWELLING IS FOUND TO BE DEFECTIVEAFTER PURCHASE
THE Wexford Office on or before
,
BUYER SHALL ASSUME THE EN71RIF COST OFALL SERVICING :'12htil20O7
AND REPAIR. THE SELLER. MANUFACTURER, DISTRIBUTOR OR Purchaser to call and verify all rertAax
RETAILER IS NOT RESPONSIBLE FOR ANYCOST OFSERVICING figures with park, landowner & Tax Claim Bureau
AND REPAIR.
Purchaser shall be responsible for an rents
Buyerfs rasponslblo rorhalling the locks dwnged orrekeyed, including those past due mind any assco. duo
in mhp N applies where home mobile home
,. t M. Mary McCullough • 724-934-7174
. w?IwulA,
MON Certified Funds to
Ynr, Tow NaI Braman Tree Consumer Discount Company
aT 10WI! ON MY TRADE - IN IS TO BE PAID BY . , ME 105 Bradford Rd. Suite 200
Wexford, PA 15090
Ti tl3 AORrSAiCNr CONrA %A rk'"W" Lx"P'dtANUINCI 804VA YOUAND LIE AND NO oTHER f7EFRECC•MATION OR fNDUCSAIGNT, VERIVL OR WRITTEN,
HIS BEEN MADE WI ICI I IS NOT IN TW S OONrpACT,
LIL-d 4 f, Cunpr, b a A.r..ind Aped
y -Cullough, Inventory Control mar. If b.cCL
agnedx_,,,,,_? auahn;a
EXHIBIT I
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff
No. 2008-2788 CIVIL
V.
CIVIL ACTION - LAW
MERLE KIMBALL
Defendant
V.
GREEN TREE FINANCIAL CORPORATION
Additional Defendant
MOTION FOR RELEASE OF ESCROW FUNDS
AND NOW, TO WIT, this [(day of March 2009, come the Plaintiff, COUNTRY
MANOR WEST, by and through its counsel, Joseph N. Gothie, and Defendant, MERLE
KIMBALL, by and through his counsel, Geoffrey Biringer, who jointly file the instant Motion for
Release of Escrow Funds, of which the following is a statement:
1. Plaintiff is a property management company operating Country Manor West Mobile
Home Park in Carlisle, PA. Plaintiffs business address is 2 Apple Alley, Carlisle, PA
17015.
2. Defendant Kimball is a former tenant of Country Manor West.
3. The parties have agreed to distribute the $2,126.18 held in escrow by the
Prothonotary of Cumberland County by paying $1,053.38 to the Plaintiff and $1,072.80
to Defendant Kimball.
4. Additional Defendant Green Tree Financial Corporation ("Green Tree") has no
claim to the escrow funds, but counsel for Green Tree has been copied on this filing.
5. Kimball and Country Manor West concur in the proposed distribution of funds.
1
WHEREFORE, Country Manor West and Kimball jointly request that the Court approve the
proposed distribution and Order the Prothonotary to make the distribution as outlined above,
mailing checks payable to the respective parties to the addresses of their counsel of record.
Dated: ( a
/a,
Dated: J? ?/ /0 ?
Respectfully submitted,
BY: '//r
oseph . Gothie, Esquire
I.D. No. 80390
111 East Market Street
Suite 101
York, PA 17401
(717) 848-8455
jng@gvafirm.com
Attorney for Plaintiff
Respectfully submitted,
BY:
Geo Birin er
I.D. No. 18040
4010 East Louther Street
Suite 103
Carlisle, PA 17013
(717) 243-9400
Attorney for Defendant Kimball
2
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing, attached document, upon the
person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure § 440.
Service by first class mail delivery addressed as follows:
Geoffrey Biringer, Esq.
401 Louther Street
Suite 103
Carlisle, PA 17013
Erin Dyer, Esq.
Dyer Law Firm
5743 Centre Avenue
Pittsburgh, PA 15206
Date:- 3 a?6? _ l V
GOTHIE VAN ALLEN LLC
Joseph N. Gothie
ID # 80390
111 East Market Street
Suite 101
York, PA 17401
717-848-8455
jnagavafirm.com
e
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Y
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ers
.s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff
V.
No. 2008-2788 CIVIL
CIVIL ACTION - LAW
MERLE KIMBALL
Defendant
V.
GREEN TREE FINANCIAL CORPORATION
Additional Defendant
ADDENDUM TO MOTION FOR RELEASE OF ESCROW FUNDS
AND NOW, TO WIT, this day of March 2009, comes the Plaintiff, COUNTRY
MANOR WEST, by and through its counsel, Joseph N. Gothie, and Defendant, MERLE
KIMBALL, by and through his counsel, Geoffrey Biringer, who jointly file the instant Motion for
Release of Escrow Funds, of which the following is a statement:
1. In response to request by court administration opposing counsel has been contacted
and concurs in releasing escrow funds
2. No judge has previously been assigned to this matter.
WHEREFORE, Country Manor West and Kimball jointly request that the Court approve the
proposed distribution and Order the Prothonotary to make the distribution as outlined above,
mailing checks payable to the respective parties to the addresses of their counsel of record.
Dated: O?
Respectfully submitted,
BY:
Josep N. Gothie, Esquire
I.D. No. 80390
111 East Market Street
Suite 101
York, PA 17401
(717) 848-8455
jng@gvafmn.com
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing, attached document, upon the
person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure § 440.
Service by first class mail delivery addressed as follows:
Geoffrey Biringer, Esq.
401 Lowther Street
Suite 103
Carlisle, PA 17013
Erin Dyer, Esq.
Dyer Law Firm
5743 Centre Avenue
Pittsburgh, PA 15206
Date: 3 ! d-6
GOTIRE VAN ALLEN LLC
Joseph N. Gothie
ID # 80390
111 East Market Street
Suite 101
York, PA 17401
717-848-8455
ing@g,vafirm.com
c?•
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-^-J"
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0.
MAR , 3 20094
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff
No. 2008-2788 CIVIL
V.
CIVIL ACTION - LAW
MERLE KIMBALL
Defendant
V.
GREEN TREE FINANCIAL
CORPORATION
Additional Defendant
ORDER
AND NOW, this 4, day of r,&.,A- , 2009, the Prothonotary of Cumberland
County, Pennsylvania is ORDERED to release $1,053.38 on deposit in the escrow account to:
COUNTRY MANOR WEST
2 APPLE ALLEY
CARLISLE, PA 17015
and release $1,072.80 in the escrow account to:
MERLE KIMBALL
C/O GEOFFREY WRINGER
4010 East Louther Street
Suite 103
Carlisle, PA 17013
A copy of this ORDER shall be filed with the Prothonotary of Cumberland County and
delivered to Plaintiffs attorney and to Defendant.
BY HE COUR/'
J.
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CUMBERLAND COUNTY
OFFICE OF THE PROTHONOTARY
ESCROW ACCOUNT
BERLAND COUNTY COURT HOUSE
1854
CUM
CARLISLE, PA 17013
- ?%- 1503/313
AAAA A".[/2?
DA
PAY TOTHE
ORDER OF_ Country Manor West $ 1, 053.38
?
CUM!?9Rli1N0. '
Ph-OTHONOV
`' DOLLARS C
CROWN NTNK
6 A??4
08-2788 - Country Manor vs Kimball Release Rent
11500 i8 5411' 40 3 i 3 i 50 361: 108 i i i i iu'
Q
CUMBERLAND =COUNTY
OFFICE OF THE PROTHONOTARY
ESCROW ACCOUNT
CUMBERLAND COUNTY COURT HOUSE
1855
CARLISLE, PA 17013
60-1503/313
DATE
PAY TO THE P:
ORDER OF Merle Kimball .$ 1? 072.80 .
CUMT-R C0.1 07 d6T't80cts DOLLARS
PRQTHONIXI NQ?'[AR Y.
RANK
08-2788 Country Manor vs Kimball Release Escrow ""
11900 18 5 511' °1:0 3 13 i 50 361: 108 1 1 117 u'
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RECEIPT FOR TRANSFER
--------------------
--------------------
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
COUNTRY MANOR WEST
2 APPLE ALLEY
CRLISLE, PA 17015
Case Number 2008-02788
Remarks RELEASE RENT
Receipt Date 03/27/2009
Receipt Time 14:12:04
Receipt No. 222911
---------------------- Distribution of Adjustment ---------------------------
Transaction Payee This Adj
RENT PROTHONOTARY ESCROW 1,053.38-
RENT COUNTRY MANOR WEST 1,053.38
RENT PROTHONOTARY ESCROW 1,072.80-
RENT KIMBALL MERLE 1,072.80
•14130103272009 Cumberland County Prothonotary's Office Paqe 1
PYS405 Manual Release Check Register 3/27/2009
Escrow Tran Date
Distribution Case No Accounting Amount Date Release
--------------------------------------------------------------------------------
3958 COUNTRY MANOR WEST Check Date: 03/27/2009 Check No.: 1854
RENT 2008- 02788 TRNS ESC IN 1053.38 3/27/2009
Payee total: 1053.38
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
3959 KIMBALL MERLE Check Date: 03/27/2009 Check No.: 1855
RENT 2008- 02788 TRNS ESC IN 1072.80 3/27/2009
Payee total: 1072.80
--------------------------------------------------------------------------------
Grand total: 2,126.18
COUNTRY MANOR ST. : COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY
VS.
NO.08-2788
MERLE KIMBALL, :
Defendant
vs. CIVIL ACTION -LAW
GREEN TREE FINANCIAL
CORPORATION, :
Additional
'Defendant
To Curtis R. Long, Prothonotary:
Please mark the above-captioned action "settled and discontinued."
Dated: Y Z L6
at
A?z
Jo eph N. othie, for PI tiff
Dated: - 3d? G0 9 ?K r/?
Geoffrey M. Beringer, for Defends
Dated: ` Q %;?i? -
Erin Dyer, for Additions efendant
CERTIFICATE OF SERVICE
I certify that I
person(s) and in the
Pennsylvania Rules of
Service by first
Geoffrey Biringer,
401 Louther Street
Suite 103
Carlisle, PA 17013
Erin Dyer, Esq.
Dyer Law Firm
5743 Centre Avenue
Pittsburgh, PA 15206
Date: '-/ 1-7 /d
this day serving a copy of the foregoing, attached document, upon the
ner indicated below, which service satisfies the requirements of the
1 Procedure § 440.
mail delivery addressed as follows:
GOTHIE VAN ALLEN LLC
Joseph N. Gothie
ID #80390
111 East Market Street
Suite 101
York, PA 17401
717-848-8455
jng_ggvafirm.com
OF Ti5 F &ONOTARY
21109 APR -9 Ali 11. 17
PENNSYLVANIA