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HomeMy WebLinkAbout09-1922COMMvNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 04, COMMON PLEAS No. '7`2 J ' 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. ?E'rs s 7;?. ?1 a??a I D 9--.3-©1 ? .y?lpy ?d QE.?r/??E2 AD R SS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (Pleinf n (Dehndanl)• 1_7'-6000047?1-6 9 This block will be signed ONLY when this notation is required under Pay 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 this case. was Claimant (see Pa. in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. or 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 1,041 - Y appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 0 within twenty (20) days after service of rule or suffer entry of judgment of non pros. A t Signature of lent or attorney or agent RULE: To _ M??? appellee(s) Name ofappolse(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:?27 20 09.E Sig ureofProthonota 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 - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE r _;;.j PROOF OF.SER ICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT This roof of service MUST BE FILED WITHINTEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) ( p COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF AFFIDAVIT: I hereby (swear) (affirm) that I served ? of the Notice of Appeal, Common Pleas upon the District Justice designated therein on a copy ---------20 , ? by personal service ? by (certified) (registered) mail, (date of service) , 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 Signature of affiant Signature of official before whom affidavit was made Title of official 20 My commission expires on v1 9^ C m rr-; rn-T, z t= y ' am '.. C.. .. `- c m 0 -c @OMMONWEALTH OF PENNSYLVANIA COUNTY OF: C?>lZL711? Mao. Dist. No.: MDJ Name: Hon. 09-3-01 871ii;OLD Z. BMWXR Address: 35 N O>RAM ST SBIPP=3VRa1 PA Tadeome: (717) 532-7676 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rC0MrnY SID= VILLA= -1 9 LAXT= LIB! SEIPPIQSBURG, PA 17257 L DEFENDANT: r9TMMJW ' J31ImS 36 R=TIC D1RIV1e SHIPP!!MV10, PA L VS. J NAME and ADDRESS XT AL. -I JAM STOKIIIIAZIM 36 lWBTIC DIRM SBIPP>31<88II7ta, PA 17257 THIS IS TO NOTIFY YOU THAT: Judgment: Z Judgment was entered for: (Name) 17257 J Docket No.: LT-0000056-09 Date Filed: 2/27/09 Judgment was entered against BTOI?iO=I isms in a ® Landlord/Tenant action in the amount of $ -00 on 3/18/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 250 _ 0 The total amount of the Security Deposit Is $ 100.00 Total Amount Established by MDJ04ess$Security Deposit Applli Rent in Arrears $ 0 ?u?u = Adjudicated Amount Physical Damages Leasehold Property $ 0 -$ 00 $ 0 = Damages/Unjust Detention . $ .00 Less Amt Due Defendant from Cross Complaint 00 - $ Interest (if provided by lease) $ ee Attachment Prohibited/ L/T Judgment Amount Judgment Costs $ _ ee 42 Pa.C.S. § 8127 Attorney Fees $ _ 00 $ This case dismissed without prejudice. Total Judgment ee $_ .00 Q Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total Possession granted if money judgment is no satisfied By time o eviction. $ 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 RUNG 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 PROTHONOTARYICLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME ANDIOR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. 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 PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY RUNG AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE; JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REOUEST FOR ENTRY OF SA718FACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District J 11 Me I a Is is a rue an correct copy o the recd o the proceedings containing a Judgment. Date , Magisterial District J My commission expires first Monday of January, 2012. SEAL d- ZOMMONWEALTH OF PENNSYLVANIA col1NTV nF• C MBERL M Mag. Dist. No.: 09-3-01 MDJ Name: Hon. RMOLD E. 13=1112 Address: 35 K ORazE ST SHIPPEII<8Nna, P71 Teiemone: (717) 532-7676 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rCOUMT SIDS VILLAGE 7 9 LAUTUR LANZ SSIPPEMBURG, PA 17257 L J . DEFENDANT: vs. NAME and ADDRESS rSTV»?»M, imn, ET J?L. -1 36 RVOTIC DRIVE SBIPPEIEB171tO, PA 17257 90211111l gwunm IH L .J 36 ZUMTIC DRXVE Docket No.: LT-0000056-09 8HIPPMM2mtO, PA 17257 Date Filed: 2/27/09 THIS IS TO NOTIFY YOU THAT: Judgment: X] Judgment was entered for: (Name) . caultlw_ 9I3)X VILLA,= Judgment was entered against ST-NBA OR, MMM in a © Landlord/Tenant action in the amount of $ . 00 on -3/IS/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 250.00. The total amount of the Security Deposit is $ 100.00 Total Amount Established by MDJ16ess • Security Deposit Applied $ Adjudicated Amoujit Rent in Arrears 0 $ 00 0 Physical Damages Leasehold Property $ -.00.-$, 00 Damages/Unjust Detention $ . 00 -ee - ee= ee Less Amt Due Defendant from Cross Complaint - $ _ ee Interest (if provided by lease) $ ee Ur Judgment Amount $ ee ? Attachment Prohibited/ Judgment Costs $ -00 42 Pa.C.S. § 8127 Attorney Fees $ ee ? This case dismissed without prejudice. Total Judgment $ .00 ® Possession granted. Post Judgment Credits $ Post Judgment Costs $ CertBied Judgment Total $ HPossession granted if money judgment is no sa Is le y Ime o eviction. 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 RUNG 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 PROTHONOTARYICLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1018 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. 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 WINCH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY RUNG AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date ??L` , Magisterial District s a rue an correct copy o the record o the procee ings containing the Judgment. Date , Magisterial District Mori 3om-mmission expires first Monday of January, 2012. SEAL w jQt9 APR _3 AM 11:01 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENN YLVANIA COUNTY OF CAL t y s(? s AFFIDAVIT: I hereby (swear) (affirm) that I served el a copy of the Notice of Appeal, Common Pleas (57" )DI 4; upon the District Justice designated therein on (date of service) qgi66 t7, 20 Q 9 , CH by personal service ? by (certified) (registered) mail, yo/y"E gq on sender's receipt attached hereto, and upon the appellee, (name) C1 20 pQ by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND UBSCRIBED BEFORE ME . T I%-Ard DAY OF 20? Signature of offrciaf before whom affr 7 wfs made Title of official My commission expires on 20 NOTAIiII1L SEAL PROM M10TARY. NOTARY PUBLIC CARLOSIE CUMBERLAND COUNTY COURTHOUSE MY COMMIS M E)IMMI JANUARY 4, 2010 Signature of affiant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION COUNTRY SIDE VILLAGE, COMPLAINT IN CIVIL ACTION Plaintiff, NO: 09-1922 JAMES STUMBAUGH and NORMA STUMBAUGH, Defendants, NOTICE TO DEFEND 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 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION COUNTRY SIDE VILLAGE, COMPLAINT IN CIVIL ACTION Plaintiff, NO: 09-1922 JAMES STUMBAUGH and NORMA STUMBAUGH, et al Defendants, COMPLAINT IN CIVIL ACTION AND NOW comes the Plaintiff, Country Side Village, by its attorney, Thomas P. Gleason, and files the within Complaint in Civil Action, as follows: 1. Plaintiff, Country Side Village, is in the business of operating a mobile home park where it rents lots for the placement of mobile homes for residential purposes. Plaintiff's address is 9 Lantern Lane, Shippensburg, PA 17257. 2. Defendants, James and Norma Stumbaugh, own a mobile home located at 36 Rustic Drive, Shippensburg, PA 17257, which is a rented lot in Country Side Village. 3. Plaintiff and Defendants executed a residential lease agreement (hereinafter called the "Lease") on February 14, 1992. The term of the lease was month to month. The Lease is attached hereto as Exhibit "A." 4. Pursuant to and in conjunction with the Lease, defendants signed Country Side Village's Rules and Regulations ("Rules and Regulations") which lays out rules for living in the community. See Exhibit "A." 5. The Rules and Regulations are occasionally. updated and the most recent went into effect on July 10, 2003. The Rules and Regulations are attached hereto as Exhibit "B." 6. Pursuant to the Rules and Regulations, residents of Country Side Village are required to refrain from performing mechanical repair work on their vehicles within the community, from driving unnecessarily loud vehicles, from speeding and from driving erratically. 7. On various occasions in December, 2008, the defendants' son, Bradley Stumbaugh, who resides at 36 Rustic Drive in Country Side Village, was witnessed performing mechanical work on his vehicle in the driveway of 34 Rustic Drive, a home neighboring the Defendants' home. 8. On several occasions in December, 2008, Bradley Stumbaugh was witnessed unnecessarily revving the engine of his vehicle late at night and early moming and driving erratically with excessive speed through the community. 9. In response to Bradley Stumbaugh's violations of the park's Rules and Regulations, Country Side Village mailed a 0 violation notice on via certified mail to the Defendants on December 30, 2008 providing a detailed description of said violations. Defendants failed to sign for or pick up this certified letter. 10. On several occasions between January 3, 2009 and January 14, 2009, Bradley Stumbaugh was again witnessed working on his and another vehicle in the driveway at 34 Rustic Drive. 11. Between January 3, 2009 and January 14, 2009, Bradley Stumbaugh continued to rev the engine of his car at hours late in the evening and early morning and continued to drive erratically through the park creating a nuisance and presenting a danger to other residents of Country Side Village. 12. Plaintiffs mailed a 2nd violation notice via certified mail to the Defendants on January 15, 2009 providing a detailed description of these continuing violations. Defendants signed for delivery of this notice. 13. Pursuant to the Pennsylvania Mobile Home Park Rights Act, the management of a mobile home community may commence an eviction action against a resident for committing two or more violations of a park's rules and regulations within a six month timeframe. 14. On February 27, 2009, Plaintiff filed a Civil Complaint, Docket No. LT-0000054-09 with Magisterial District Judge No. 09-3-01. The Complaint is attached hereto as Exhibit "C." 15. On March 12, 2009, District Justice Harold Bender conducted a hearing on the complaint filed by Country Side Village whereby he heard testimony from both the Plaintiff and the Defendants. 16. On March 18, 2009, District Justice Bender entered judgment granting Country Side Village's petition for eviction and granting Plaintiff possession of the lot at 36 Rustic Drive in Country Side Village. The Judgment is attached hereto as Exhibit "D." WHEREFORE, Plaintiff respectfully demands this honorable court enter judgment granting its petition for eviction and granting it possession of the lot located at 36 Rustic Drive in Country Side Village. Respectfully submitted, P By: #jk? Thomas P. Gleason, Esquire Attorney for Plaintiff Attorney ID# 82259 9 Lantern Lane Shippensburg, PA 17257 (717) 532-5700 VERIFICATION I verify that the statements made in this Civil Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Kevin L. Z&n erman President Country Side Village LEASE sec-bep , f/00, o 3 Made and executed this the ly17 day of a- 199 .2- By and between , having its administrat ve ff ces and a place of business at 102 College Avenue, Elizabethtown, Pennsylvania 17022 herein called "Lessor" ; and Gllr'?Q - ?l1 U Cc , Qd"7*kl? adult v dual( hav ng an a Tess or residing at ?Co us7iG. r _ WITNESSETH THAT: 1. PREMISES. and the Lessee does premises: /7dd7 2. CONDITION OF PREMISES. The Lessee accepts the leased premises was is." 3. TERM. Lessee is to have and' to hold the leased premises for a term of o e (1) month beginning '-Xdfc1v 1 . l 9 9 ? and ending ; .L nd continuing thereafter from month tom th until this Lease is terminated. 4. RENT. The fixed rent for the leased premises shall be Ct /60,0t, (per month), and the Lessee shall pay such fixed rent, each month, in advance, on the 1 sr day of each month during the term hereof, to the Lessor or its duly designated agent at the address set forth above or at such other address as the Lessor may designate in writing. Lessee shall also pay to Lessor upon the signing of this Lease One Hundred ($100.00) Dollar, which shall be held by the Lessor as security for the performance by the Lessee of the Lessee's obligations. S. LATE CHARGE. Rent paid within three (3) days after the due date will be considered as having been paid on time. After the expiration of this three (3) day grace period., the Lessee shall pay to the Lessor a late fee equal to Three ($3.00) Dollars for each and every day that the rent is late, retroactive to the actual due date, until the rent is paid. The late fee shall be charged separately for each and every month's rent that is paid late, and thus it more than one month's rent is overdue on any given day,.the late fee for that day will'be Three ($3.00) Dollars multiplied times the number of month's rent then outstanding. F-)(t+ tt3 iT "A" The Lessor does hereby lease unto the Lessee hereby lease from the Lessor the following 6. OBLIGATIONS TO BE PERFORMED BY LESSEE. a.) RULES AND REGULATIONS. The Rules and Regulations in force at the park where the premises are located, as such Rules and Regulations may be amended from time to time by the Lessor in its sole discretion, (hereinafter the "Rules and Regulations") are incorporated into this Lease in.full by reference. At all time the Lessee shall strictly abide by all the Rules and Regulations, which apply with equal force to the premises and the Lessee as if set forth fully in this Lease. All requirements. set forth in this Lease shall be in addition to, and not in limitation of, the requirements imposed by the Rules and Regulations. The Lessee represent(s), and warrant(s) that he/she/they have received a copy of the Rules and Regulations, dated , Vhich are incorporated. into this Lease, a: though they Vero set forth herein at length, that he/she/they understand that the Lessor may change and amend the Rules and Regulations at any time and from time to time, and that the Lessee. may be evicted, in accordance with the Pennsylvania Mobile Some Park Rights Act, for violations of the Rules and Regulations. b.) UTILITIES. The Lessee, at the Lessee's expense, shall make all connections to existing utility outlets serving the premises. All connections shall conform to all specifications, requirements, and conditions provided or imposed by the Lessor and with all specifications and requirements set forth in any applicable stature,. law, regulation, ordinance or rule. The Lessee shall pay for all utilities consumed upon the premises, including, without limitation, gas, oil, water, sewer, electricity, telephone, and cable television service, unless such service is expressly provided by the Lessor at no additional cost to the Lessee. The Lessor provides the following utility services at no additional cost to the Lessee: Upon thirty (30) days advance written notice to the Lessee, the Lessor may discontinue providing such utility services at no additional cost to the Lessee and require that the Lessee either pay the provider or such services directly or pay,.as additional rent to the Lessor, a charge for such services. C.) TAXES AND SPECIAL ASSESSMENTS. The Lessee shall pay all real estate taxes, charges, assessments and payments levied or assessed against the Lessee's home and the Lessee's other improvements to the premises during the term of this Lease by any public or governmental body, and upon Lessor's request, shall provide proof of such payment to the Lessor. d.) REPAIRS. The Lessee shall, at his (her or their) sole cost and expense, maintain in good repair the premises, the home, and all other improvements placed upon the premises. e.) CLEAN CONDITIONS. The Lessee shall keep the entire" premises in a clean, sanitary and safe condition. to the satisfaction of the Lessor. There shall be no outside storage except as permitted in the Rules and Regulations. f.) MANDATORY IMPROVEMENTS. Within twenty-one (21) days after moving the Lessee's home onto the premises, the Lessee shall completely skirt the home on all four sides in a manner approved by the Lessor and in accordance with the Rules and Regulations and the Lessee shall install a utility/storage shed no smaller than 8' x 10'-and no larger than 10" x 14' in accordance with the Rules and Regulations. 7. LESSOR'S RIGHTS TO PERFORM. If the Lessee shall fail or refuse to comply with and perform any conditions, obligations or covenants of this Lease, including those in the Rules and Regulations, the Lessor may, but shall not be obligated to, carry out and perform such conditions, obligations, or covenants, and the cost and-expense shall be payable by the Lessee to the Lessor on demand. 8. LESSOR'S RIGHT OF ENTRY. The Lessor shall have the right to enter into and upon the premises at all reasonable hours for the purpose of inspection or for making repairs or alterations as may be necessary or desirable, in the sole opinion of the Lessor. Under no circumstances, however, shall the Lessor be deemed to have an obligation to make such inspection or to make any repairs or alterations. 9. USE OF THE PREMISES. The Lessee shall use the premises solely for the placement of a manufactured or mobile home thereon and solely for residential purposes. Occupancy limitations and requirements shall be as set forth in the Rules and Regulations. Moreover, Lessee shall not permit the premises to be vacant. 10. ALTERATIONS. No alterations shall be made in or to the premises without the prior written consent of the Lessor. 11. FIRE AND OTHER DAMAGE. In case of damage to the premises that are caused by the Lessor and that render the premises untenantable, the rent shall be abated to an extent corresponding with the-period during which and the extent to which the premises have become untenantable. In case of damages to the premises that is caused by the carelessness, negligence or improper conduct of Lessee or the agents, employees, visitors, invitees or licensees of Lessee, then notwithstanding such damages and untenantability, Lessee shall be liable for rent without abatement. 12. CONDEMNATION. The Lessee or Lessor may at either's option terminate this Lease if any portion, of the leased premises is condemned by any governmental body or by any other body or organization possessing the power of condemnation, provided such condemnation substantially impairs the use or enjoyment by Lessee of the premises. In all events, the Lessee shall have no interest in, or claim to, any award for damages for such taking. 13. NON-LIABILITY OF LEESOR. a) The Lessor shall not be liable to the Lessee, any member of the Lessee's family, any agent, invitee, licensee or visitor of the Lessee, or any other person, for any damage or injury to any. person or property caused in whole or in part, by any act, omission, or neglect of the Lessee, its contractors, family members, agents, invitees, licensees, visitors, or any other resident of the park, or any other person not under the direct and immediate. control of the Lessor, or arising out of any happening in any manner on the premises, and Lessee shall indemnify, defend and hold harmless Lessor from any, claim, loss or liability therefor. b) All property kept, stored or maintained on the premises or within any facility available at the park where the premises are located shall be so kept, stored or maintained at the risk of the Lessee only, and the Lessor shall not be liable for any loss or damage to the Lessee or the Lessee's property, it being understood that the Lessee's use of any such facility is to be solely at the Lessee's risk. c) The Lessor shall not be liable for any damage to property or injury to person which may be sustained by the Lessee or any other person, as a consequence of the failure, breakage; leakage or obstruction of the water, sewer, waste or soil pipes, electrical, gas or oil systems, or by reason of the natural elements, or resulting from the conduct or misconduct of any person other than the Lessor, its agents and employees. d) The Lessor shall not be liable for failure to give possession of the premises to the Lessee upon the effective date of this lease if such failure is due to the fact that the premises is not ready for occupancy or is being held by the prior lessee or is otherwise in the lawful possession of another person, or is not available for any other reason. In such event the lease term shall begin at the time possession is given to Lessee. 14. SUBLEASE AND ASSIGNMENT. The Lessee shall not have the right to sell, assign, transfer, mortgage, pledge, sublease or sublet this lease or any interest therein without the Lessor's prior written consent, except as may be permitted in the Rules and Regulations. 15. INVOLUNTARY ASSIGNMENT. Neither this Lease nor any interest therein shall be assignable or otherwise transferable by operation of law or for the benefit of creditors without the written consent of the Lessor, any such prohibition against assignment shall include any and every assignment which might otherwise be effected or accomplished by bankruptcy, receivership, attachment, execution or other judicial process or proceeding. If any assignment for the benefit of its creditors should be made by. the Lessee, or if a voluntary or involuntary petition in bankruptcy, or for reorganization, or for an arrangement should be filed by or against the Lessee, or if the Lessee should be adjudicated bankrupt or insolvent, or if a receiver is appointed of or for the Lessee, or for all or a substantial part of Lessee's property, or if any such assignment or transfer by operation of law should occur, then and In any such event, the Lessor may at its option, terminate this Lease by notice to the Lessee. The provisions of this paragraph shall not apply to any of the rights, titles and interest of the Lessor in, to or under this Lease. 16. SURRENDER AT TERMINATION. The Lessee shall, upon the termination of this Lease, remove his home from the premises and surrender the leased premises to the Lessor. All alterations, improvements, and other additions which may be made or installed by either party to, in, upon, or about the premises shall either be removed by Lessee or become the property of the Lessor (as provided in the Rules and Regulations) as the Lessor may elect, and if Lessor elects to keep the same, they shall be surrendered to the Lessor by the Lessee without any damage, injury or disturbance thereto, or payment therefor, and if the Lessor does not elect to keep such alterations, improvements or additions, then the Lessee shall remove the same and repair any damage caused by removal. Any equipment, fixtures, goods or other property, including the home, not removed by the Lessee upon the termination of this Lease, or upon any quitting, vacating or abandonment of the premises by the Lessee, or upon the Lessee's eviction, shall be considered as abandoned and the Lessor shall have the right, without any notice to the Lessee, to sell or otherwise dispose of the same at the expense of the Lessee and shall not be accountable to the Lessee for any part of the proceeds of such sale, if any. 17. LESSOR'S RIGHTS ON DEFAULT. If Lessee fails to pay any installment of rent promptly on the day when due and payable hereunder, and shall continue in default for a period of three (3) days, or if Lessee shall fail promptly to keep and perform any other obligation, covenant or agreement of this Lease, including the Rules and Regulations, strictly in accordance with the terms thereof, then such shall be a default entitling the Lessor to retake the premises and to any damages authorized hereunder or under law, after Lessor has given written notice, by certified or registered mail, in accordance with the Mobile Home Park Rights Act. Any of the following shall also constitute a default entitling the Lessor to retake the premises: Lessee is adjudicated a bankrupt, institutes proceedings for a reorganization or for an arrangement under the Bankruptcy Act, or an involuntary petition in bankruptcy is filed against Lessee, which is not dismissed within ninety (90) days. 18. CUMULATIVE REMEDIES. The rights and remedies of the Lessor under this Lease and under law or in equity shall be cumulative, and no choice of remedy shall be deemed an election to the exclusion of any other remedy. The failure of the Lessor to enforce strict performance by the Lessee of the obligations, conditions, and covenants of the Lessee, or to'exercise any option or right, or the acceptance. by the Lessor of any installment of rent after a breach-by the Lessee, in any one or more instances, shall no be construed.or deemed to be a waiver or relinquishment by the Lessor of any such obligations conditions, covenants, options, rights or remedies, and the same shall continue in full force and effect. 19. INDEPENDENT COVENANTS. The obligations of the Lessee, including the obligation 'to pay rent, shall not be .affected, curtailed, impaired or excised because of the Lessor's inability to supply any service or material required of it in this Lease. 20. HOLDING OVER. In the event Lessee continues to occupy the premises after the last day of the term hereby created and Lessor elects to accept rent therefor, a tenancy from month to month only shall be created and not for any longer period. 21. SUBORDINATION. Lessee shall subordinate his/her/their interest in the premises to the lien, operation and effect or mortgages as requested by Lessor, provided that such subordination shall permit Lessee to occupy the premises under the terms of the lease so long as Lessee is not in default. 22. ADDITIONAL INSTRUMENTS. Lessee shall, at the request.of Lessor, execute such additional instruments as may be required or convenient hereunder. 23. SUCCESSORS AND ASSIGNS. This Lease shall bind the successors and assigns of the parties to the extent that the parties rights hereunder may succeed and be assigned according to the terms hereof. 24. DESCRIPTIVE HEADINGS. The descriptive headings of the several paragraphs hereof are inserted for convenience only and shall not control or affect the meaning or construction of any of its provisions. 25. SERVICE OF NOTICE. If at any time after the execution of this Lease it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communications shall be in writing signed by the parties serving the same, sent by United States mail, and shall be addressed as set forth in the beginning of this Lease or at such other address as either party may have furnished to the other in writing as a place for the service of notice. Any notice so mailed shall be deemed to have been given as of the time.it is deposited in the United States. mail. In the event of eviction, however, notice of eviction proceedings shall be given by certified or registered mail, and the notice shall be deemed to have been given when received by Lessee. 26. SEVERABILITY. The terms of the Lease shall be deemed to be severable, and if any provision is adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of -any applicable law, it shall not affect the validity of any other provisions, but such other provisions shall remain in full force and effect. IMPORTANT NOTICE REQUIRED BY LAW THE RULES SET FORTH BELOW GOVERN THE TERMS OF YOUR LEASE OR 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 REASONABL3 7338,r SERVICE CHARGES AIM ASSESSMENTS HEREINAFTER SST FORTH AND ABIDE BY THE RULES OF THE PARK. ENTRANCE AND EXIT FEES MAY NOT BE'CHARGED. INSTALLATION AND RZKOVAL..FEES MAY NOT BE CHARGED IN EXCESS OF THE ACTUAL COST TO TIM 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 SIX-MONTH PERIOD. (3) IF THERE IS A CHANGE IN USE OF THE PARK LAND OR PARTS THEREOF. (4) TERMINATION OF MOBILE HOME PARR. 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 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 It AND 30 DAYS IF GIVEN ON OR AFTER SEPTEMBER 1 AND BEFORE APRIL 1 OR ADDITIONAL NONPAYMENT OF RENT OCCURRING WITHIN SIX MONTHS OF THE GIVING OF THE NOTICE MAY RESULT IN IMMEDIATE EVICTION PROCEEDINGS. (ii) IN THE CASE OF A BREACH OF THE LEASE OR VIOLATION 07 THE PARR RULES, OTHER THAN NONPAYMENT OF RENT, THE NOTICE SHALL DESCRIBE THE PARTICULAR BREACH OR VIOLATION. NO EVICTION ACTION SHALL BE COMMENCED 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 NONE PARR OWNER MAY COMMENCE EVICTION PROCEEDINGS AT ANY TIME WITHIN 60 DAYS OF THE LAST VIOLATION OR BREACH. YOU SHALL NOT BE EVICTED WHEN THERE 18 PROOF THAT THE RULES YOU ARE ACCUSED OF VIOLATING ARE NOT ENFORCED WITH RESPECT TO THE OTHER MOBILE HOME RESIDENTS OR NONRESIDENTS ON THE PARE PREMISES. IN ADDITION, NO EVICTION PROCEEDING FOR NONPAYMENT OF RENT MAY BE COMMANCED 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 It 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 PARR OWNER SHALL NOT RESTRICT YOUR RIGHT TO DO SO. IF YOU DESIRE TO SELL YOUR MOBILE HOME, 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 COUNTY IN WHICH THE MOBILE HOME PARR 18 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. I IN WITNESS WHEREOF, the Lessor and Lessee have executed this Lease on the day and year first above written. wi asses: LESSOR: By Title: .?r LESSEE (5 2/1/90 COUNTRY SIDE VILLAGE 9 Lantern Lane SHIPPENSBURG, PA 17257 Dated: July 10, 2003 RULES AND REGULATIONS ALL LEASES ARE MADE SUBJECT TO THE FOLLOWING RULES AND REGULATIONS. WHICH APPLY, IN EQUAL FORCE WITH THE LEASE. THE PURPOSE OF COUNTRY SIDE VILLAGE'S RULES AND REGULATIONS IS TO ENSURE A PEACEFUL CO-EXISTENCE BETWEEN RESIDENTS WITH THE RIGHTS AND RESPONSIBILITIES OF BOTH MANAGEMENT AND RESIDENTS CLEARLY DEFINED. ACCORDINGLY, ALL RESIDENTS OF COUNTRY SIDE VILLAGE MUST ABIDE BY AND OBEY THE UNDERLYING RULES AND REGULATIONS IN THEIR ENTIRETY. Ififormational Purpose Only k-x1{t31T 1? i3c? RULES AND REGULATIONS 1. APPLICATION FOR RESIDENCE Everyone who wishes to be considered for residence in County Side Village will be required to fill out an application before being interviewed and considered for residency. The application includes: credit information, names, ages and places of employment of all adults and schools attended by minors who will be residing in the household, descriptions of vehicles including registration numbers, phone numbers (including unlisted numbers) and information about the home to be placed in the Community. II. OCCUPANCY AND USE LB%MATTONS A. A resident may not use his or her lot within the Community for purposes other than residential purposes. B. Two bedroom-homes shah-be Ikked to-four (4) occupants, no morelhantwo of which may be adults. Three bedroom homes shall be limited to five (5) occupants, no more than two of which may be adults. Each home must be occupied by at least one adult. For these purposes, a person who is eighteen years of age or older is considered an adult. A resident wishing to have more than two adults occupy his or her home may do so if: The additional adults are registered with Community management; the maximum number of occupants in the home as set forth in paragraph B is not exceeded, and resident pays additional rent equal to Fifty Dollars ($50.00) per month per extra adult. Residents having three bedroom homes will be permitted to have a sixth occupant in their home provided they register the occupant with Community management and pay additional rent of Fifty Dollars (550.00) per month if the sixth occupant is an adult. C. Residents may have overnight guests. However, an overnight guest who stays with a resident for 14 or more days during ANY thirty-day period will be considered an occupant. Any such guest must be registered with management and will be considered an occupant for whom additional rent may be charged pursuant to the above stated provisions. M. THE LEASE AND THE RULES AND REGULATIONS A. All residents accepted" into-the Community shall enter into a lease. At that time, residents shall pay their security deposit and first month's rent. B. All residents must sign and abide by the Country Side Village Rules and Regulations. C. All residents must sign and abide by the terms of the Pet Agreement whether or not they own a pet. D. Resident shall pay a $100.00 security deposit upon signing the lease. The deposit may not be treated by the resident as either the first or last month's rent. The security deposit will be returned to the resident by mail after the resident has completely vacated the lot provided that the leased premises are in good condition and the resident provides notice of his or her forwarding address. Security deposits are not transferable. IV. RENT AND LATE FEE POLICY Monthly rent is due and payable is advance on the first day of each month. Residents will be granted a grace period until the 5'h day of the mouth. To avoid a late fee, rent must be received or post marked by the 5& day of each month. No exceptions will be made for holidays or bad weather. A late fee of $25.00 will be charged for any rent postmarked or received after the 5* day of the month. OUR ACCOUNTUNG OFFICE NO LONGER PERMITS PAYMENTS TO BE MADE AT SALES CENTER LOCATION. If you fail to pay your rent by the 5'h day of any month, Country Side Village will send you a notice that you are in default of the terms of the lease. If notice is given on or after April 1 and before September I' of any year, you will have 20 days to pay the amount due on the account including late charges. If such notice is given on or after September I" and before April I' of the following year, you will be given 3,0 days to pay the amount due including late charges. If you do not pay the total amount due within the time provided or if your rent payment is fate a second time within six (6) months following the original notice, Country Side Village may begin eviction proceedings against you without further notice. Failure to pay fees, charges, or rent may result in eviction. If your check is returned to Country Side Village for any reason, you will be charged a processing fee of $25.00 Management reserves the right to increase any fee, charge or rent contained in these Rules and RWdations or the Lease. For a fee change to take effect, management must deliver written notice of the increase or change at least thirty (30) days prior to the affective date of the changes. V. REQUIREMENTS FOR YOUR HOME AND LOT 1. All homes must be owner occupied No resident may rent his home. 2. With the exception of wheels and detachable hitches, no storage of any kind is permitted under a home m Country Side Village. 3. The bottom of the home shall be completely enclosed (skirted) within twenty-one (21) days of a home arriving in the Community. Skirting must be Mastic T-Lock vinyl in a color coordinating with the exterior of the -home. A masonry foundation is also acceptable when used m conjunction with proper footing. Other skirting material that specifically matches the exterior material ofa home may be used if it is professionally installed and approved by management prior to installation. 4. All homes must have a minimum of one (1)- frost free exterior faucet. 5. There must be interior water shut-off valves throughout the home for all sinks and toilets. 6. Street numbers must be secured and prominently displayed on the lamppost in front of the home. 7. The home shall have the wood deck constructed according to township regulations and in accordance with Country Side's specifications as set forth herein. Decks and steps must be constructed with pressure treated wood, enclosed with a pressure treated wood lattice and must be properly maintained at all times. 8. No outside above-ground fuel storage tanks are permitted. 9. All homes shall have vinyl lap or wood siding installed according to manufacturer standards. 10. All roofs shall be of a peaked design with residential shingles applied 11. All homes shall have aluminum pre-finished or vinyl spouting and down spouts. 12. The roof on each home in-Country. Side Village must-be equipped-with-a decorative artificial chin ney with a brick appearance. 13. Each home must have shutters around its windows that are coordinated with the exterior color of the home. 14. A designed }andscapepackage containing a-minimum oftew(10) pieces of-shrubbery must be submitted to management for approval on each home. 15. Lawn shall be reseeded at resident's expense when damaged by the installation of his or her home. 16. All singlewide homes in the Community must be anchored fDr safety. All sectional homes in the Community must be placed on level concrete footers a minimum of 32 inches in depth with anchors. 17. The resident is required to purchase all permits and connecting fees 18. The resident is required to submit a sketch plan to the park showing the placement of the home and landscaping at least two (2) weeks before the home is set in the park. 19. Drying of laundered clothes is permitted only on umbrella-type drying lines installed at the rear of the home. Extended clotheslines are prohibited. The umbrella-type line may be extended only when in use. At all other times, these lines must be closed. Additionally, a ground sleeve must be installed for the umbrella-type poles. 20. Fences constructed of any material other than PVC are strictly prohibited in Country Side Village. Residents must get written permission from park management prior to erecting a fence within the park. 21. All firewood must be stored inside a storage shed or enclosed in lattice. 4 22. "FOR SALE" signs may be placed on a home within the Community, but not in the lot on which the home is set. Signs may not be placed at the Community entrance or at the entrance of a street within the Community. Additionally, signs exceeding 6(K) square inches are prohibited. 23. No swimming pools are permitted. 24. Swing-sets andgym. sets will be _allowed pending management approval. Approval may be granted, only to residents whose lots back up to the perimeter of the park (when fully developed according to plans). A plan showing the proposed placement of the gym set and/or swing set on the lot must be prepared by the tenant area submitted to park management for approval prior to its construction. Approved swing sets and gym sets must be kept painted and in good repair. If management notifies tenant that paint and repairs are necessary, he or she will have 30 days to make the repairs or management will remove the set at tenant's CVs. 25. Awnings are permitted only with written approval of park management. 26. Portable basket ball hoops are not permitted in the park. 27. One caswm-made storage shed is regard per lot. Allsheds must be approved -by park management in writing prior to installation and mast be rnmuined and painted at all times m a color which coordinates with the exterior of the resident's home. All sheds that are purchased from the date of these rules forward will be of wood construction with asphalt shingle roofs. All sheds in the Community will be professionally built with runners. Absolutely no homemade sheds are permitted. The minimum shed size will be 8'x10' and the maximum shed size will be 10'x14'. All blocks used under the shed must be recessed into the ground so that the opening between the ground and the bottom of the shed does not exceed four (4) inches. Location of the shed is at the discretion of the management. 28. All window-air.cooditioning units mustbe properly .installed -and correctly supported. Supports and props from to the ground to the unit are strictly prohibited. 29. All homes within the Community must have afire extinguisher in working condition. 30. Each resident is responsible for purchasing and installing replacement light bulbs in outdoor light fixtures. In order to assure uniformity within the Community, park management may dictate the type of bulb to be used. 31. Your lawn and its appearance are very important to all residents of the Community. Therefore, you must cut, trim, remove weeds, fertilize and edge your lawn whenever needed. If desired, lawn care may be obtained from the Community at an additional charge. Grass length in excess of four (4) inches is not permitted. 32. If a resident fails to maintain his or her lot in a neat and orderly condition, management may enter the lot after three (3) days advance notice to provide proper maintenance for which the resident will be charged. 33. Home improvements are as important to us as they are to you. Therefore, management must approve all exterior improvements prior to installation. Before any construction is started, 5 blue prints must be submitted to management describing the proposed improvement and stating its size and the materials to be used in construction. If the improvement will be elevated, the tenant must also set forth the means by which he or she will enclose the bottom of the structure. Residents must have written permission from management before commencing work on any alteration, addition or construction. 34. Any shrubs, trees, or lawn improvements made on a lot shall become the property ofthe Community at the end of the lease. Thus, said items may not be removed when a resident vacates the lot. To avoid damage to underground utilities, permission must be obtained from management before digging holes for planting. Vegetable gardens are not permitted. VI, UTMJTY SERVICE 1. Each resident is responsible for maintaining tight connections to sewer outlets and water inlets. Leaks must be repaired immediately at homeowner's expense unless expressly covered by warranty. 2. Each resident is responsible for keeping his or her own water and sewer connections from freezing from the ground up. This may be accomplished by using electric heat tape and fiberglass insulation- Any damage resulting from frozen pipes will be the responsibility of the resident. Water check valves must be installed on water tines. Management will not be responsible for water heater elements. 3. Non-soluble items such as rags, cloth, hard paper, sanitary napkins, flying oil or fat or items made of plastic or rubber must not be flushed down any drain or toilet facility. Residents will be held liable for damage to the sewer system caused by violation of this rule. 4. All complaints and problems concerning water and sewer service should be directed to management. 5. Cable TV service is provided by an independent cable company that has been granted the right to provide service to the Community. Management is not responsible for the performance of this cable provider. Any questions, comments or complaints regarding this service shall be directed to the cable provider. 6. Management will provide snow plowing for the streets within the Community. Each resident is responsible for maintaining his or her walkways and parking areas at all times, keeping these areas flue- of snow and ice. Rock salt or any chemical deicers are prohibited. If desired, you may contact management for snow removal at an additional cost. VIL MOTOR VEHICLES 1. A speed limit of 15 miles per hour shall be observed at all times throughout the Community. Reckless driving is prohibited. 2. Two automobiles and one motorcycle per lot are permitted, unless written approval for more vehicles is obtained from the Community Manager. Parking a vehicle on the lawn or patio area is strictly prohibited. Residents are responsible to see that guests do not 6 occupy neighbors' parking areas. With written approval from management, additional vehicles may be parked in the overflow area designated by Community management. No parking of commercial vehicles or trailers will be permitted within the Community. All vehicles must be parked in approved parking areas. No vehicles may be parked in the street except for the purpose of deliveries, maintenance or construction. Violation of this rule may result in vehicle being towed at vehicle owner's expense. I Uninspuled, unregistered and otherwise inoperable vehicles are not permitted in the Community. 4. No travel trailers, boats or other recreational vehicles may be stored in the Community. 5. No raeecars, mini bikes or excessively noisy vehicles are permitted in the Community at any time. 6. No auto repair or mantenance may be conducted in the Community. 7. No vehicles may be placed cm bloclcs.or ramps within the Country Side Village. 8. Individuals are not allowed to operate a motor vehicle in the Community without a valid operators license. 9. Management reserves the right to tow a vehicle from any location in the Community that is not in compliance with these Rules and RMIations. Towing which results from a violation of the Rules and Re ons will be at the vehicle owner's expense. VIII. COA04UNITY STANDARDS OF CONDUCT. 1. All Community residents are expected to conduct themselves in a dignified and neighborly manner. Adult residents will be liable for any damage to the property of the Community or other residents caused by their family members and guests. Children must respect the property of others as well as their lot boundaries. 2. All complaints will be discussed privately with the family involved. In cases where complaints continue after the family has been properly notified, eviction may result. 3. Residents must abide by the Rules and Re , ns pertaining to recreational areas. 4. No guns of any type or description, bow, arrows, weapons, or fireworks may be used or discharged within the Community. 5. Public. drunkenness, selling drugsor other illegal substances, immoral conduct, use of profane or abusive language and conviction of a felony or misdemeanor will be grounds for eviction from the Community. 6. No peddling, soliciting or commercial enterprise is permitted in the Community without first obtaining the consent of management. Any deliveries made for a resident's business must be made to the site of that business and not to the resident's home within the Community- 7 IX. SELLING YOUR HOME 1. -Country-Side Village imposes no-restrictions on the right of resident to sell his or her home in the Community. However, the underlying rules apply if the purchaser wishes to keep the home in the Community. 2. Tfse-residerrt-must provide management with a thirty (30) -day written-notice of intent to sell his or her home. 3. After receiving the written notice, park management will conduct an inspection of the home to ensure it conforms to the construction standards imposed by state and federal law for the protection, safety and welfare of the residents. Management has determined that requiring such conformity at the time a resident sells his or her home helps minimize the economic hardship potentially posed by this regulation. The purchaser of a home that is not in compliance with state and federal construction standards will have to remove it from Country Side Village if the necessary repairs or improvements are not completed. 4. Homes that were built after the effective date of the Housing and Urban Development regulations governing mawafactured home construction bear a seal called the "HUD Seal". It will be presumed that a home bearing the HUD Seal, was built in conformity with all state and federal construction standards. It will be presumed that homes that do not bear the HUD Seal were not built in conformity with state and federal construction standards. If a home does not bear the HUD Seal, the purchaser will be permitted to keep the tome -in the•Community-only if the selling resident proves that either that the home was built in conformity with state and federal regulations (which include copper electrical wiring, sheeted fireproof compartments for the furnace and water heater, smoke detectors, 2"x4" studding in all exterior walls, testing of roof trusses for the appropriate rating, and other construction requirements) or the -selling resident makes all necessary impairs or improvements to the home to bring it into compliance with the state and federal regulations prior to the sale. 5. The purchaser must complete the standard application for residence in the Community, be approved under the management's uniform standard of acceptance, enter into a lease and sign the Rules and Re larinns and Pet Asir MMI. IX. GENERAL 1. Country Side Village reserves the right to amend the Rules and Re io s at any time upon 30 days advance written novice to resident. When Country Side Village amends its Rules and BraW41m, the amended document shall supersede any and all earlier-dated Rules and Regulations. All residents must comply with the amendments, which are promulgated for Country Side Village. 2. Management is -not responsible for damage, injury or loss due to fire, theft, windstorm, flood or other forms of casualty to the home, autos or other personal property belonging to residents in the Community. 3. Management shall not-be liable for any damage or injury which may be sustained by a resident or any other person as a consequence of failure, breakage, leakage, or obstruction 8 of water, sewer, waste or soil pipes, the electrical system, or for any other reason. Additionally, management shall not be liable for damage, injury or loss resulting from the carelessness, negligence or improper conduct of any resident, guest or any other person not employed by Country Side Village. All residents are urged to obtain insurance to cover these potential situations. 4. All residents must perform their obligations under their respective lease agreements with Country Side Village. Any breach of the lease agreement by a resident will constitute a violation of these Rules and Regulations. which may result in eviction. I (we) have received and read the above Rules aad Rc , ons and fully understand my (oar) obligations as a resident in Country Side Village. I (we) agreeto abide by and obey the above Rules and Regulations in their entirety. Date Lessee Lessee Lessor(by) Title Witness _....-._...I,, i "av1V0 TLVAiViH COUNTY OF: CU19BERLAND Map. Dist. No.: 09-3-01 DJ Name: Hon. HAROLD E. BENDER Address: 35 N ORANGE STREET SHIPPENSBIJRG, PA T.lepfane: (717) 532-7676 17257-0361 Filing Costs $ Z100 bj'/?y7 Postage $ ? Service Costs $ Constable Ed. Total Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. LANULUKU ANU TENANT COMPLAINT PLAINTIFF: NAME and ADDRESS "C4urnlrLI S1de. \!itlagt q Lctn+e r n Lana L.5h1PPCnSbPf9, PR 1-125 'vS. DEFENDANT: NAME nd ADDR s 3? Rus?G ?!-• ;ems b 7a s7 Docket No.: L -? Date Filed: TO THE DEFENDANT: The above named plaint asks judgment together with costs against you for the possession of real property and for: Lease is 5 Residential F? Nonresidential. Damages for injury to the real property, to wit: in the amount of: $ Damages for the unjust detention of the real property in the amount of $ r, Rent remaining due and unpaid on filing date in the amount of $ And additional rent remaining due and unpaid on hearing date $ 7 Attorney fees in the amount of $ THE PLAINTIFF FURTHER ALLEGES THAT: Total: $ 1. The location and the address, if any, of the real property is: `?- E S G t < ?? fwr?? 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to under whom you claim. 4. Notice to quit was given in accordance with law, or No notice is required under the terms of the lease. 5. F? The term for which the property was leased or rented is fully ended, or A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: SL g P"D r bE?.? C?4t 4.rrU t'S?s?r+cwr c?-t -BcAr,,&" S-cvg%4? . 6i fie- or, ERIZ*N'? NLxS ANC C- . -To 'Twe--L R-. N c tb bi SOY Rent reserved and due has, upon-demand, remained unsatisfied. 6. You retain the real property and refuse to give up its possession. I, •k y si t rtj 2 1 t-A t-l e4?-t`-tk1--J verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C. S. § 4904) relating to nswom sification to authorities. Q511 41101 o allm ( alri s Attomey ( dress (Phone) IF YOU HAVE A DEFENSE to this complaint you may present It at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which Is in this district Justice Jurisdiction and which yo at this office BEFORE THE TIME set for the hearing, IF YOU DO NOT APPEAR AT THE HEARING, a Judi y nevertheless be entered against you. A Judgment against you for possession may result M ! it you are disabled and require a real 1J, ( sterial District Court and its services, ale se contact the Magisterial Distric Ex 1* t 1 j I T C We are unable to provide transportation. mfimonv may be reoordsd on reverse COMMONWEALTH OF PENNSYLVANIA rni wTv nF• C'MME>ItI.7 ND Mag. Dist No.: MDJ Name: Hon. 09-3-01 HAROLD R. B3=ZS Address: 35 W OHANOX ST S$IPPNNBBUR(;, PA Telephone: (717) 532-7676 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rC- 0='1RY SIDE VILLUM 9 LANTZRI LAM SBIPPMODURG, PA 17257 L J VS. DEFENDANT: NAME and ADDRESS r8TU1®AUQH, Jams, ET AL. ? 36 RUSTIC DRI" SBIPPEIIIISSURG, PA 17257 L J COUZTRY SIDE VILLAGE 9 L71>riTZRZ LANZ Docket No.: LT-0000054-09 S8IPPMODURG, PA 17257 Date Filed: 2/27/09 THIS IS TO NOTIFY YOU THAT: Judgment: po Z pLAIIPl'IlrP Judgment was entered for: (Name) COUJNTIlY SIDZ VILLl1AE, Judgment was entered against STUIMUM, JANZ8 in a © Landlord/Tenant action in the amount of $ .00 on 3/18/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 250.00. The total amount of the Security Deposit is $ 100.00 _ Total Amount Established by MDJ ess • Security Deposit Applied = Adjudicated AmouOnt 00 0 Rent in Arrears $ = $ . • U-$ . Physical Damages Leasehold Property $ .00- .00= $ .00 1 Damages/Unjust Detention $ -0 o = $ _on -00- Less Amt D ue Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ _on LIT Judgment Amount $ -00 ? Attachment Prohibited/ Judgment Costs $ -00 42 Pa.C.S. § 8127 Attorney Fees $ _an ? This case dismissed without prejudice. Total Judgment $ .00 Q Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Possession granted if money judgment is no sa I le H By time o eviction. 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 PROTHONOTARYICLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. 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 PROTHONOTARYICLERK 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 FURTHFo nonrecc ul 'QT rnuF cmnu THC rni IRT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DIS' UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTER A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE L\ P SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. E xw S Date sterial District Jud 90 Certi fy that this is a true an Date correct copy o the record o the proceedings containing the judgment. , Magisterial District Judge MOXcommission expires first Monday of January, 2012. Ste. A C 315A M j S FILED 0;T" J . OF THE Pr'!;a +:,7APY 2CI01) APR 24 ili 1 { : 0 6 f EiwNSY,.A9d1,,