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HomeMy WebLinkAbout09-28894:OM NWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Oq - 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. •,,•••? rvwV. U10.. MU. IVPMC Vr U.J. S rn u?l tytcr r-I-i n 09-3-01 H ctrc?ta E. ESe-mrscie- -- 5 Buf4,a(o Or. Shi G-,sour PA I- Q`.5 -1 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 044 -09 -2004 Rc>b +_ #K. Erv'tin ,? ??rnucl Mctrtin L-r- 0 ooc0o(.0(' - 09 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. nt was Claimant (see Pa. R.C.P.D.J. No. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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 4 obcrt- ?5 . Erw in Enter rule upon R rV'l I 'V-' Name of appetfee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. J)q- o1?Q lam; vt ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. &M 4311 AL- LM aA-&J 1N, Signature of appellant or attorney or agent RULE: To R pbe rt k. Erwin appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: MQa/ 8 20? /s/ L444- ate /? Signet of Prothonotary 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 P PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE°COMPLAINT (This proof of service MUST BE FILED VWTHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affrant Signature of official before whom affidavit was made Title of official My commission expires on 20 Ims • Old Y `5b $ 1 Z01 AV S AVW 6001 AWONOHIOdd 3U:10 COMMONWEALTH OF PENNSYLVANIA C`t9I iNTv ns:• Me& OWL Na: MDJ Now Hm 09-3-01 EAROLD 2. DUN= Accrue: 35 N oaR? XT , P1 Towa»: (717) 532-7676 17257-0361 NOTICE OF JUDGMENTITRANSCRIPT RESIDENTIAL LEASE VS. 5 BUFFALO la PA 17257 ?„AiISD!!, PS 17033 J CANT: rte and Aooness MR DAUM >I MTXR L_ 5 BUFFIbL0 = Docket No.: LT-0000066-09 P1 17257 Date Filed: 3/11/09 THIS IS TO NOTIifY YOU THAT: Judgment: s U Judgment was entered for. (Name) Judgment was entered against, ammm in a © Landlord/Tenant action in the amount of $ 2.397 - 00 on ?L/09l09 (Date of Judgment) The amount of rent per month, as established by the Magisterial Di ftid Judge, is $ 216.00. total amount of the is Total Amo $ 1 03 .0 a _ $ ?? . so Rent in Arrears Physical Rama ges Leasehold Property - .00 Damages/Unjust Detention _ ee ee= _ ee Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ -as L/T Judgment Amount $ s, ses ee Attachment Prohibited/ Judgment Costs $ yas - 00 42 P&C.S. § 8127 Attomey Fees $ _ Oe This case dismissed without prejudice. Total JtIdglwd $? 2,397.00 Possession granted. Possession Wanted if money judgment Possession not granted. Post Judgment Credits Post Judgment Costs Certified Judgnwvt Total ? Defendants are jointly and severally liable. IN AN ACTION NVOLVNG A RESIDENTIAL LEASE, ANY PARTY HAS TFIE RI&IT TO APPEAL FROM A JUDGMENT FOR PEON WITFM! TEN DAYS AFTER THE DATE OF ENTRY OF JUDGME1ff BY FILM A NOTICE OF APPEAL WITH THE PROTFIONC TARVICLERK OF COMM OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF TFE MONEY JUDGMENT, N ANY. IN ORDER TO OBTAIN A SUPERIIEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTMONIOTARVICLERI(OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FLED. H KIWEVER, L OW4NOOME ANDIOR SECTION 0 TENANTS SHOULD REFER TO P&.R.C.PJILD.J. Na 1008 OR 1018 FOR DI NI PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WINES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT NVOLVNG A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT N WHICH TO FLEA NOTICES OF APPEAL WITH THE PROI ONOTARYICLERK OF COURTS OF THE COUNT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANBORIPT FORM WITH THE NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDIM IN THE RULES OF MI. PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, M THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT N THE COURT OF COMMON PLEAS, ALL RUIMIER PROCESS MUST COME FROM THE COURT OF COMM PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT 0 ENTERED N THE COURT OF OO M ON PLEAS, ANYONE MITEAE8IED N THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTR ICI JUDGE IF THE JUDGMENT DEBTOR PAYS N FULL, SETTLES, OR OTHERWISE COMM WITH THE JUDGMENT. ` 9- ce, District Date ..D (Domestic Only, No Insurance Coverage Provided) M o For delivery information visit our website at www.usps.com?1 M - i . .?- _r Postage $ % ?p tTOA.f A C3 J? y Certified Fee C v Q? ,gostmark N Q Return Receipt Fee qI O (Endorsement Required) ld Restricted Delivery Fee (Endorsement Required) C-3 r <b?t7' r-rr ? -,n rrU Total Postage & Fees $ S rn r-- m v? -zs rn Sent To r/ eox o. 7 a w PO Box No. ---° .----. L-) ? "G W ^G PW(XW Of SMWAIX OF AKYYW 0PAPPIML AND 10WE TO FILE COMPLAINT (This proof of service MUS"f ME FILEEO GIVTtlAW TEN (10) DAYS AFTER Ong ofthe 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 011-2M upon the District Justice designated therein on (date of service) M4y 14 , 20 Oq , R by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Rolzrt .K . E r vV i r) , on WL 4 , 20 09 ? by personal service 14 by (certified) (registered) mail, sender's receipt attached hereto. (SWORN).(A,FFIRMED) AND SCRIBED BEFORE ME THIS DAY OF !?y _, , 20Af . Signature of official be%m wham ahifhlavit was made / v g)dZd.,j,L _.??006&0`14?y Signature ofaffiant fir. L 1 q GyG 743 Trtle of official ' My commission expires on V o? 1 , 20/0 4r 9010 COMMONWEALTH OF PENN5YLV COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 - C? 889 (? t NOTICE OF APPEAL rn 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. NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. SkicY,uc:..1 M nr tirrv 09-3 _ 0I VA urc,tcl e . ?c+nd?.V 5 Buf fa I > Cyr . c r--,s L-.1.._ t r PA l; 1 a 5 7 DATE OF JUDGMENT IN THE CASE OF (Plehtdf) , ( ) 0 4 -oci-2t -7 :, '4- ry`Ilr'y ?. IrY1uk=.1 Mctrtin DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT Ct?c?'. YcLtC -Ylt'z?t?? This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sign *n of Prothonotary or Do" 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 tapped/ to be served upon appellee. PRAECIPE: To Prothon ry Enter rule upon 'D L_ ?- ?---' r V? t Y 1 appellee(s), to file a complaint in this appeal Name of apWee(s) (Common Pleas No. d t VI ( ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Grfn r. . ?-.k"3,,t. 0-C.- Signature of oppeltant orattomey or agent RULE: To C> be-- r * K . r VQ I C1 appellee(s) Name of appe#"(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 u personal service or by certified or registered mail. If Ebu t o f it lplaint within this time, a JUDGMENT OF NQN PROS MAY BE ENTEREDAGAINST YOU. 43) ,The rq t rule if service was by mail is the date of the mailing. j : ' o'' +i 5 tb 1, IC4 ate:' SOW of Prothonotary or Depufy ' Y > IvsT PY OF THE NOTICE OF JUDGMENTITRANSCR PT 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INDIAN SPRINGS ASSOCIATES LLC _' , , Plaintiff I NO : 09-2889 ="?` '' . ? CIVIL ACTION - LAW -- ?'' ?'° ,mow C a `*: SAMUEL D. MARTIN and - -- _ LISA F. MARTIN ,- ? , Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forthin 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 MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 South Bedford Street Carlisle, PA (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelante en las siguientes p6ginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 34 South Bedford Street Carlisle, PA (717) 249-3166 ROBERT E. CHERNICOFF, ESQUIRE PA I.D. NO. 23380 NICHOLAS A. FANELLI, ESQUIRE PA I.D. No. 308136 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 171 10 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: NFANELI,I?Q?C'CLAVb`PC.COM ATTORNEYS FOR PLAINTIFF c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INDIAN SPRINGS ASSOCIATES, LLC, Plaintiff NO.: 09-2889 V. SAMUEL D. MARTIN and LISA F. MARTIN, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, Indian Springs Associates, LLC, by and through its counsel, Cunningham & Chernicoff, P.C., who files this action at law in Ejectment and Assumpsit and in support thereof, makes the following averments: The Plaintiff, Indian Springs Associates, LLC (hereinafter "ISA" or "Plaintiff") is a Pennsylvania limited liability company which is registered with the Department of State and has a principal mailing address of 6046 Edward Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendants, Samuel D. Martin and Lisa F. Martin, husband and wife (hereinafter, collectively "Defendants") are sui juris individuals, residing at all times material hereto at 5 Buffalo Drive, Lot 118, Shippensburg, Cumberland County, Pennsylvania, 17257. At all times material to Plaintiffs cause of action, the Plaintiff has been the legal owner of the land upon which the Defendants have placed their manufactured home. 4. On or about April 1, 2002, Defendants executed a Lease Agreement by the terms of which the Defendants leased from the Plaintiff a manufactured home lot located at 8 Buffalo Drive, Lot 118, Shippensburg, Cumberland County, Pennsylvania, for an initial term beginning on April 1, 2002, and ending on March 31, 2003, after which initial term, the lease continued on successive terms on a month-to-month basis, unless terminated upon proper notice by either party. A true and correct copy of the Lease Agreement is attached hereto, made a part hereof, and is marked as Plaintiff's Exhibit "P-1." 5. The monthly rent owed is $375.00 per month. 6. Defendants have failed to pay rent for each of the last thirty-six (36) months. 7. The Lease Agreement provides that if the lessee fails to perform its obligations thereunder, such failure to perform shall constitute a default, entitling the lessor to terminate the lease and, otherwise, to seek all remedies available by law. Defendants have failed and refuse, and continue to fail and refuse to pay the monthly lease payments due under the Lease Agreement. COUNT I - EJECTMENT 9. Plaintiff incorporates paragraphs 1 through 8 of the Complaint as if more fully set forth herein. 10. Defendants have failed and refused, and continue to fail and refuse, to pay 2 monthly rent for the last thirty-six (36) months. 11. Defendants, although requested to do so by the Plaintiff, have refused to surrender the premises located at 8 Buffalo Drive, Lot 118, Shippensburg, Cumberland County, Pennsylvania to the Plaintiff WHEREFORE, the Plaintiff demands entry of judgment in favor of the Plaintiff and against the Defendants, Samuel D. Martin and Lisa F. Martin, on the issue of possession of the premises known and numbered as 8 Buffalo Drive, Lot 118, Shippensburg, Cumberland County, Pennsylvania. COUNT II - BREACH OF CONTRACT 12 Plaintiff incorporated Paragraphs 1 through 11 of the Complaint as if more fully set forth herein. 13. During the pendency of this litigation, rent will accrue and may or may not be paid by the Defendants to the Plaintiff. 14. During the pendency of this litigation, Defendants may cause physical damage to the Lot. Defendants may or may not pay Plaintiff the cost to repair such damage. 15. As of the date of this pleading, Plaintiff has not received the full rent and late fees for the each of the last thirty-six (36) months. Accrued rent, exclusive of interest and late charges, is now $13,500.00. 16. In that event, Defendants fail to pay rent or fails to pay for physical damages to the Premises during the pendency of this litigation, Plaintiff seeks payment of rent and damages, if any, due and owing until the conclusion of this litigation. WHEREFORE, the Plaintiff demands entry of judgment in favor of the Plaintiff against the Defendants, Samuel D. Martin and Lisa F. Martin, the sum of $13,500.00, in addition to late fees and damages to the real estate, if any, incurred and unpaid from the date of the filing of this Complaint to the conclusion of this litigation, together with interest, attorneys fees, and costs of suit. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Dated: , 2011 By: Robert E. C ernicoff, Esquire PA Supreme Court ID # 23380 Nicholas A. Fanelli, Esquire PA Supreme Court I.D. # 308136 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\Home\NFANELLI\Documents\Erwin - Indian Springs Associates, LLC\Complaint.wpd 4 20`08-0" 09:51 Erwin1 7175336686 >> 7172384809 P 2/2 IN THE CO 1RT a PAh,rt?,rn,y PLEAQ QZNBEItLArgD COUNTY pFNN. YLVANIA INDIAN SPRINGS ASSOCIATES, LLC, Plaintiff' v. SAMUEL D. MARTIN and LISA F. MARTIN, . Defendants NO.: 09-2889 CIVIL ACTION - LAW V IF "I N I, Robert Erwin, authorized representative of Indian Springs Associates, LLC, the Plaintiff in the foregoing action do hereby affirm that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of I8 Pa, C,S.A., Section 4904. relating to unworn falsification to authorities. _ j By: Robert Erwin For: Indian Springs Associates, LLC Date: `]- 6 LEASE AGREEMENT Date: /j / ` C, Tenant(s): 7? t' 1 t 1 ?' LLl t i ' t' L VL Landlord: Indian Springs Associates, LLC., 6046 Edward Dr., Mechanicsburg, PA 17050 Lot Number Address Use: Parking of Tenant's Mobile Home for Residential Purposes Intending to be legally bound, Landlord hereby Leases to Tenant, and Tenant takes from Landlord, the premises, upon the terms and conditions hereinafter set forth as follows: Terms- The term of this Lease is for a period of one (1) year, commencing on /1_ / (.} and expiring -? ; ;provided, that a holding over by tenant may be construed by the Landlord, at Landlord's option. As a renewal of this lease on a month-to month basis, subject to all the terms and conditions of this lease, except that the Land lord reserves the right to increase the rent, upon 30 days advance notice thereof. Successive renewals shall occur on the same basis, absent prior notice by either party. Landlord shall not be liable for failure to give possession of the leased property to the Tenant upon the effective date of this Lease. In such event, rental payments and other fees, charges or Assessments shall not commence until possession is given to, or is made available to the tenant, and the term of this Lease shall be extended accordingly. Tenant must give Landlord at least 30 days written notice prior to moving. It is the responsibility of Tenant to provide landlord with all necessary completed state or local forms and receipts. 2. Rent: The rent shall be $216.00 per month, payable on or before the first day of each month, in advance, at the office of Landlord as set forth above. For any rental payment which is not made on or before the required date, Tenant shall pay Landlord a late fee of $8.75 for each day that such payment is late. Qc pant . Landlord and Tenant agree that the following persons and not others will reside at the premises: Name ???1r11?J L7 /1/1 ?r ?i l q L? ter, F? Mcrr t_ it l ?? vex . Security Deposit: Upon execution of this Lease, Tenant shall deposit the sum of -? . with Landlord as security for the performance of all the terms, covenants and conditions is of-- this Lease. Upon termination of this Lease, by default or otherwise, the Security Deposit shall be returned to Tenant, less any charge for damage to the Premises, rent arrearages, ,`y Vt Lo or charges treated as rent arrearages. Tenant agrees to leave a forwarding address with Landlord upon vacating the Premises to facilitate the return of the Security Deposit. Tenant acknowledges that the enforcement of the rules and regulations upon violation of same will cause the Landlord inconvenience and expense. Tenant will forfeit fifteen dollars ($15.00) of Tenant's Security Deposit for each and every violation, and such sum shall be treated as a rent arrearage. In all such instances, Tenant shall be required to deposit additional money with Landlord as security in that amount necessary to renew the total Security Deposit available to its original $100.00 level. The Security Deposit will be returned when (1) the premises are vacated or (ii) a new lease is signed, if Tenant's mobile home is sold and left in the park, subject to reduction for any costs to Landlord to clean or repair the Premises or for any unpaid rent, charges, or other amounts due and owing to Landlord. Tenant may not apply the Security Deposit to the Tenant's last payment of rent. 5. Utilities and Taxes: Tenant shall obtain, where necessary, and pay for all utilities for the Premises including, without limitation, water and sewer service, electricity, gas, and trash removal. Water and sewer charges shall be billed by Landlord to Tenant as set forth in the Indian Springs Manor Rules and Regulations. Tenant shall also pay all real estate taxes assessed and levied against the Premises and Tenant's personal property, and shall furnish Landlord, when requested, with proof of payment of same. Failure to pay any such taxes, when due, shall be a violation of this Lease, and constitute a default hereunder. It is the intent of this Lease and the parties hereto that Tenant shall provide and pay for all services and expenses related to the use and occupancy of the Premises, except for the expenses and services specifically stated herein to be the responsibility of Landlord. 6. Use: Tenant shall use the Premises only as specified above and for no other purpose. Tenant shall not do or keep anything in the Premises which is contrary to any law or government regulation. 7. Assi.?iment and Subletting: Tenant shall not assign this Lease, or sublet the Premises, without the prior written consent of Landlord. 8. Liability of Landlord: Landlord does not warrant the condition, fitness or merchantability of the Premises. Landlord shall not be liable for any injury to persons or property occurring upon the Premises. Tenant agrees to indemnify save Landlord harmless from and against any and all payments, expenses, costs, attorney fees and the like, arising out of any and all claims and liabilities for losses or damage to property or injuries to persons occasioned wholly or in part by or resulting from any act or omission by the Tenant or the Tenant's agents, guests, licensees, invitees, or for any cause or reason whatsoever arising out of or by reason of the occupancy by the Tenant of the Premises. All personal property of Tenant on the Premises, including Tenant's mobile home, shall be and remain at Tenant's sole risk, and Landlord shall not be liable for any damage to, or loss of such personal property arising from any cause whatsoever. 9. Care of Premises: Tenant shall maintain the Premises in a clean and sanitary condition. Tenant shall not make any alterations or additions to the Premises without the consent of Landlord. Upon termination of the Lease, Tenant shall remove the Mobile Horne from the Premises and surrender the Premises to Landlord in as good condition as when received, ordinary wear and tear excepted. Any equipment, fixtures, goods or other property of Tenant not removed by Tenant upon any quitting, vacating or abandonment of the Premises by the Tenant, or upon Tenant's eviction, shall be considered as abandoned, and Landlord shall have the right, without any notice to the Tenant, to sell or otherwise dispose of the same at the expense of the Tenant and shall not be accountable to the Tenant for any part of the proceeds of such sale, if any. 10. Right of Ent[y: Landlord shall have the right to enter the Premises at any reasonable time to inspect and to enforce the provisions of the Lease. I. Utility Failures: Landlord shall not be liable for any damage or injury which may be sustained by Tenant or any other person as a consequence of the failure, breakage or obstruction of the water, sewer, waste or soil pipes, or the electrical, gas or oil system, or by reason of the elements, or resulting from the carelessness, negligence or improper conduct on the part of Landlord or any tenant, or any of Landlord's or any tenant's agents, guests, licensees, invitees, assignees or successors, or attributable to any interference with, interruption of or failure of any such which is beyond the control of the Landlord. 12. Rules and Regulations: Tenant shall conform to all rules and regulations made by Landlord for Indian Springs Manor Mobile Home Park, which rules and regulations, as currently in effect, are attached hereto and incorporated herein by reference ("Rules and Regulations"). The Rules and Regulations are covenants and conditions of this Lease, the same as if fully set forth herein. Landlord shall furnish Tenant with notice of all changes in the Rules and Regulations. Tenant acknowledges receipt of a copy of such Rules and Regulations concurrent with execution of this Lease. 13. Applicable Law- Attached hereto and incorporated by reference herein, is a copy of a notice required by Pennsylvania Act 261 of 1976 ("Act"), In the event of any conflict between the provisions of this Lease and the Act, the Act shall control. Tenant acknowledges receipt of a copy of the notice concurrent with the execution of this Lease. 14. Insurance: Tenant shall at all times during the term of this Lease maintain adequate homeowners insurance, including at least $25,000 of Comprehensive Personal Liability coverage, and shall furnish the Landlord or his designee with evidence thereof upon request. 15. Default: The failure of Tenant to perform or observe any of the terms, covenants or conditions of this Lease shall constitute default by Tenant hereunder. 16 Remedies: In addition to any other remedies provided by law in the event of default of Tenant, Landlord may, without notice, upon default, terminate this Lease and enter upon and take possession of the Premises. Tenant hereby waives any right to notice under the Landlord and Tenant Act of 1951, as amended. 17. Notices: Any notice or consent required hereunder shall be in writing and shall be deemed given when delivered or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address stated at the ]leading of this Lease. I g. Performance of Tenant's Obligations-. Landlord shall have the right, but shall have no obligation, to pay any amount which Tenant has covenanted to pay hereunder and which Tenant shall fail to pay when due, and to make any repairs to the Premises which Tenant is obligated to make but has failed to do after notice by Landlord. Tenant shall reimburse Landlord for the amount of any payment so made by Landlord and the cost of any repair performed by Landlord immediately upon notice by Landlord to Tenant of the amount thereof. 19. Non-Waiver: The various rights and remedies of the Landlord expressed herein are cumulative. The failure of Landlord to insist in any instance upon strict performance of any covenant of the Lease, or to exercise any right provided for shall not be construed as a waiver for the future of such covenant or right, but the same shall continue in full force and effect unless a contrary intention is expressed in writing by Landlord. 20. Joint and Several Liability: If more than one person executes this Lease as Tenant, the liability of each shall be joint and several, and, in such event, notice given by Landlord to any such person, or by any such person to Landlord, shall bind all such persons. 21. Entire Agreement: This Lease, together with the Rules and Regulations, sets forth all of the promises, agreements, conditions and understandings between the parties relative to the Premises and supersedes any prior agreement between the parties. No subsequent alteration, amendment, change or addition shall be binding unless reduced to writing and signed by the parties. 22. Miscellaneous: Tenant agrees that he has read this Lease, understands its terms and the Rules and Regulations, and agrees to be bound thereby. 23. Confession of Judgment: Tenant hereby irrevocably authorizes and empowers any attorney of any court of record within the United States to appear for Tenant and, with or without declaration filed, confess judgment against Tenant and in favor of Landlord, for the specific amount of rent or additional charges due by reason of any default or breach of this Lease and for costs of suit and an attorney's commission of ten percent (10%) of the amount due. Tenant further authorizes and empowers any such attorney, either in addition to or without such judgment of the specific amount due under this Lease, to appear for Tenant and for any other person claiming under, by or through Tenant, and confess judgment forthwith against Tenant and such other persons and in favor of Landlord, in an amicable action of ejectment for the premises. The entry of judgments under the foregoing warrants shall not exhaust the warrants but successive judgments may be entered thereon from time to time as often as defaults occur. 24. Sale of Mobile Home in Park: Landlord, in Landlord's reasonable discretion, must pre- approve the sale of any mobile home in Indian Springs Manor Mobile Home Park if the purchaser(s) of the mobile home intend to remain in residence on the Premises. Any such approved purchasers shall be required to execute a new Lease. IN WITNESS WHEREOF, this Lease Agreement is executed as of the day and year first above written. WITNESS/ATTEST: INDIAN SPRINGS ASSOCIATES, LLC. By: Printer Name I \ ?Q I \,C? ? ? _ ! .? Printed Name TENANTSsv ?l-v G < 1 Printed Name By: Printed Name ?-f Sl1Gl { t 1 ,'1 Pnnted Name IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA INDIAN SPRINGS ASSOCIATES, LLC, : Plaintiff V. SAMUEL D. MARTIN and LISA F. MARTIN, Defendants I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the COMPLAINT in the above-captioned matter was sent certified mail, return receipt requested, first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: CERTIFICATE OF SERVICE NO.: 09-2889 CIVIL ACTION - LAW Samuel D. Martin Lisa F. Martin 8 Buffalo Drive, Lot 118 Shippensburg, PA 17257 Date:: 2011 CUNNINGHAM & CHERNICOFF, P.C. By J ie e Ametrano 23 0 North Second Street P. . Box 60457 Harrisburg, PA 17110 Telephone: (717)238-6570 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA INDIAN SPRINGS ASSOCIATES, LLC, : Plaintiff/Counterclaim Defendant V. SAMUEL D. MARTIN and LISA F. MARTIN, C7 r_a _?'" rv) CIVIL ACTION - AT LAWS ? (It > - C NO. 09-2889 < < ,d 52 c3 6 Defendants/Counterclaim Plaintiffs PLAINTIFF'S ANSWER TO THE NEW MATTER OF DEFENDANTS NOW COMES, the Plaintiff, Indian Springs Associates, LLC, by and through its counsel, Cunningham & Chernicoff, P.C., and states its Answer to the New Matter of Defendants, as follows: 17. This is an incorporation paragraph to which no response is required. 18. The averments of this paragraph are legal conclusions to which no response is required. If, and to the extent a response is judicially deemed to be required, Plaintiff denies the averments of this paragraph. 19. The averments of this paragraph are legal conclusions to which no response is required. If, and to the extent a response is judicially deemed to be required, Plaintiff denies the averments of this paragraph. 20. The averments of this paragraph are legal conclusions to which no response is required. If, and to the extent a response is judicially deemed to be required, Plaintiff denies the averments of this paragraph. 1 21. The averments of this paragraph are legal conclusions to which no response is required. If, and to the extent a response is judicially deemed to be required, Plaintiff denies the averments of this paragraph. 22. Denied. Indian Springs Associates, LLC was never sold. 23. Denied. Plaintiff incorporates paragraph 22 herein. 24. It is admitted that the rules and regulations of the community were not posted. By way of further reply, the rules and regulations of the community were given to each resident/tenant upon the execution of the written lease. A true and correct copy of the acknowledgment of receipt of the rules and regulations signed by the Defendants is attached hereto as Exhibit "A." 25. Denied. Plaintiff provided notice via letter to each and every resident of the community. 26. It is admitted that Defendants ceased making payments, but denied that such only began after January, 2009. It is specifically denied that there exists any dangerous conditions in the community. (a.) Denied. By way of further reply, any exposed wires are at vacant homes are not active, as the electric utility has severed service to same. (b.) It is admitted that there are holes (e.g. sinkholes) in the Park; Plaintiff/counterclaim Defendant is without sufficient knowledge or information to form a belief as to the remaining averments of this sub-paragraph and the same are, therefore, denied; (c.) It is admitted that there exists a large sinkhole in the Park; the remaining averments of this sub-paragraph are denied; 2 (c.) It is admitted that there exists a large sinkhole in the Park; the remaining averments of this sub-paragraph are denied; (d.) Denied; (e.) It is admitted that certain electrical boxes are open, but denied that such constitutes any risk of harm to Plaintiff, (£) Admitted; (g.) Denied as stated. The public lighting in the Park was designed per applicable building codes. Plaintiff/counterclaim Defendant is without sufficient knowledge or information to form a belief as to the remaining averments of this sub-paragraph and the same are, therefore, denied; (h.) It is admitted that there are vacant homes in the park; Plaintiff/counterclaim Defendant is without sufficient knowledge or information to form a belief as to the remaining averments of this sub-paragraph and the same are, therefore, denied; (i.) After reasonable investigation, Plaintiff/counterclaim Defendant is without sufficient knowledge or information to form a belief as to the remaining averments of this sub-paragraph and the same are, therefore, denied 0.) It is admitted that Plaintiff has failed, on occassion, to pay the sewer bill. Plaintiff denies the implication that such failure by Plaintiff constitutes a default of the terms of the Lease Agreement, or of any statutory warranties enjoyed by Defendants, which would excuse them from the obligation to make timely payments of rent. By way of further reply, Defendants continue to 3 enjoy the water and sewer utilities paid for by Plaintiff/counterclaim Defendant without payment of rent. (k.) It is admitted that Plaintiff has, at times, failed to maintain the lawn at the community, but denied that such failiure by Plaintiff constitutes as default of the terms of the Lease Agreement, or any statutory warranties enjoyed by Defendants, which would excuse them from the obligation to make timely payments of rent. The remaining averments of this paragraph are denied. (l.) Denied. 27. It is denied that Plaintiff has failed to maintain the community in a safe condition. It is further denied that Plaintiff has caused any violation of any warranty of habitability which Defendants may enjoy. 28. The averments of this paragraph are legal conclusions to which no response is required. If, and to the extent a response is judicially deemed to be required, Plaintiff denies the averments of this paragraph. WHEREFORE, Plaintiff/Counterclaim Defendant, Indian Springs Associates, LLC, respectfully requests that this Honorable Court dismiss Defendant's New Matter and grant to Plaintiff such other relief as may be just and proper. 4 Respectfully Submitted, , P.C. By: "Kobert E. Chernicoff, Esquire Penna. Atty. I.D. # 23380 Nicholas A. Fanelli, Esquire Penna. Atty. I.D. # 308136 2320 North Second Street Harrisburg, PA 17110 P: (717) 238 - 6570 F: (717) 238 - 4809 nfanelli &cclawpc.com Attorneys for Plaintiff, Indian Springs Associates, LLC 5 EXHIBIT 'A' Samuel Martin In(han Springs Manor Lot I Is Buffalo Dm c. Shippensburg. Pa 172i Shippensburl;, PA 17217 INIPOIt"I ANT Naricu, REO UIREI) BY LAW l he rules set forth below govern the terms of your lease or occupancy agreement with this mobile home park. The law requires .dl of' these rides to be tair 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 torth and abide by the rules of the Bark. I-.utrrnce and exit fees may riot he charged. Installation and removal fees may not be charged in excess ofthe 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 six-month period. (3) Ifthere is a change in use of the park land or parts thereof (11) Termination of mobile home park. You shall only be evicted in accordance with the following procedure: (1) A resident shall riot be evicted by any self-help measure. (2) Prior to the commencement ofany eviction proceeding, the mobile hours park owner shall notify you in writing of the particular breach or violation of the lease or park rules by certified or registered mail. (1) In the case of nonpayment of rent, the notice shall state that an eviction proceeding may he commenced ifthe mobile home resident does not pay the overdue rent within 20 days from the date of service if the notice is given on or alter April 1 and before September 1, and 30 days ifgiven on or after September I and before April i or an additional nonpayment rrf rent occurring within six unonths of, the giving of the notice ruay result in immediate eviction proceedinf;s_ (ii) In the case ofa breach ofthe Icase or violation ofthe park riles, other than nonpayment of rent, the notice shall describe the particular breach or violation. No eviction action shall be commenced runless you have been notified as required by this section, and upon a second or subsequent violation or breach occurring; within Six months, the nuohile honie park owner may commence eviction proceedings at any time within (,O days r,f the last violation or hreach P:?t;c I of 2 INDIAN SPRINGS MANOR MOBILE HOME PARK RULES AND REGULATIONS EivIERGENCYNUMBER (717) 766-2357 INSTALLATION, REMOVAL Mobile homes may be moved in or out only during favorable weather periods as may be mutually agreed upon between Landlord and Tenant. 2. PETS See attached Pet Regulations. 3. SKIRTING Mobile homes must be properly skirted with commercially manufactured vinyl skirting before Tenant occupies home, Proof of purchase of skirting must be shown before moving home into the park, and skirting must be kept in good repair at all times. 4. SHEDS, DECKS, AWNINGS, STEPS, ADDITIONS, FENCES, ETC. All outside construction, including location and design, must be pre-approved by Landlord, whether or not the type of construction is addressed below. All such construction must be professionally built and kept in good condition at all times. a. SHEDS: One outside shed is permitted, provided enough space is available. Sheds must be built of T111 grooved siding with an asphalt shingle, barn type roof. Minimum size 8'x 8'- maximum 12'x 12'. Sidewalls may be a maximum of 8' high; provided that the shed may not exceed the height of the mobile home. Sheds must be painted or stained to match home and may only be placed at an approved location. b. DECKS AND STEPS: All exit doors from the home must have steps constructed of pressure treated lumber. A minimum deck size of 4' x 4' is required at the front entrance of each mobile home. The maximum deck width is 12'. All steps must have hand railings. Decks may not be enclosed in any manner. c. AWNINGS AND OTHER ADDITIONS: No homebuilt awnings or additions are permitted. d. FENCES: Fences are not permitted. 5. GUESTS Guests who remain at the premises for a consecutive period of two weeks or longer will be considered a permanent resident resulting in a violation of your lease, Tenants are responsible for any and all actions of their occupants or guests. All Tenants, occupants, and guests must abide by the rules and regulations of the park. 6. MOTOR VEHICLES Two motor vehicles are allowed per lot. Others must be parked as posted, and may not obstruct traffic. All motor vehicles inside the park must be licensed and bear a current inspection sticker. Only automobiles and ',,4 ton or less trucks are permitted on park property. Repairing or overhauling of motor vehicles on park property is not allowed. The speed limit in the park is 10 iV1ILES PER HOUR. Page 1 of 4 w 7. DETERGENTS Only biodegradable detergents may be used in the park. 8. WATER, SEWER Tenants own and are responsible for the maintenance of all water and sewer lines from the ground connection into and including the home. Plumbing hook-ups to park specifications are the responsibility of the Tenant. Heat tapes must be installed by the Tenant to prevent water freezing. TENANTS MAY NOT ALLOW WATER TO RUN THROUGH PIPES TO AVOID FREEZING. Automatic sprinklers are not permitted. Wading pools, a maximum size of 4 feet in diameter and 12" deep are permitted, and Tenant assumes all responsibility and liability therefor. Tenants must contact management before entering outside water box at any time. Any expenses incurred by the management due to negligence of the Tenants in connecting or disconnecting water or sewer will be the sole responsibility of the Tenant. Tenants shall be solely responsible to maintain tight drains to the sewer outlet. Leaking spigots must be repaired immediately. Any water leaks may result in a temporary shut off of water. Do not flush anything that is not soluble down your commode or any other drain. Such items should be wrapped in paper and deposited in the garbage can. Tenants shall be solely liable and responsible for all costs involved in sewer stoppages due to their failure to comply with the above. There must be a back flow preventer installed on your water line. Garbage disposal are not allowed. 9. ELECTRIC Tenants are responsible for the hook-up and maintenance of all electric lines from the meter pedestal to the home. 10. UTILITY SERVICES Tenants are responsible for arranging with the local utility providers, servicing the park for connections of gas, electric, telephone and cable. CAUTION: DO NOT DIG HOLES OR DRIVE STAKES IN GROUND FOR ANY REASON WITHOUT APPROVAL OF PARK MAINTENANCE. Underground utilities damaged by failure to comply will be repaired at Tenants' expense. 11. SEWER: WATER METERS (where applicable) Tenants minimum sewer rate of $26.00 per month is included in the monthly lease amount of $216.00 per month as stated in the Lease agreement. Also Tenants minimum quarterly water charge of 45.00 per quarter is included in the monthly lease amount of $216.00 as stated in the lease agreement. However the minimum quarterly water charge is for water usage up to 8000 gallons a quarter. Any water usage over 8000 gallons per quarter will be billed quarterly by the Landlord at the following rates: At the end of the quarter, any water used from 8.000 gallon up to 20,000 gallons will cost the tenant $5.00 per thousand, anything 20.000 gallons and over per quarter will be billed at 56.00 per thousand. Water meters will be read once each quarter. Failure to pay water overage charges becomes the same as past due rent as is spelled out in the Tenants lease. Any increases in the charges by the water company or sewer authority will be passed onto the tenant with a 30 day notice. 12. CLOTHES LINE. NO ANTENNAS One umbrella type clothes dryer is permitted. No antennas of any kind are allowed. 13. PROPANE All homes installed will have a minimum of 100 lb. Propane cylinder placed at rear of home. 0- '1 ..F A 14. GARBAGE COLLECTION Garbage collection is not provided by the Landlord. Health Department regulations require garbage cans to have fly-tight lids. Garbage containers are to be stored to the rear of your home, out of sight as much as possible, until it is time to put it out for pick-up. 15. CHILDREN Parents are responsible for any and all actions and or damages caused by their children or any visiting children. Children are not permitted to play in the service buildings, service areas, or any neighboring Tenants lots without permission. Playgrounds are available for your child, do not allow them to play on the road. No one is allowed on private park property, construction sites, or any park equipment. CURFEW: Any Township ordinance or curfews also apply to residents/children/guests of the park. 16. FIREARIINIS The firing or displaying of any gun, firearm of any kind or description, live ammunition, or bow and arrow, etc. on park property is strictly prohibited. No BB guns or air rifles allowed. No discharging of firecrackers. 17. NOISE Tenants will permit no noise or disturbance to interfere with the rights of other Tenants to quiet and peaceful enjoyment of their premises. No loud radios, T. V.'s, stereos, or parties will be allowed at any time. This includes loud stereos in vehicles while on park property. 18. SELLING HOME IN PARK The park office must be notified 30 days in advance, in writing, of your intention to sell your mobile home to purchasers who will remain in residence within the park. See Lease Agreement, paragraph 24. For sale signs may only be displayed inside the mobile home. 19. TAXES Residents must pay all real estate taxes assessed and levied against the mobile home, and, upon the request of the park owner, must furnish proof of payment. The mobile home may not be removed from the park unless all rent, fees, charges or assessments are paid to the end of the term. The park owner may prevent the removal of the mobile home to enforce this rule. Tenants are advised that prior to removing a mobile home from the park, a removal permit must be obtained from the local tax collector. A copy of this permit must be given to the Landlord before moving the home. 20. YARD MAINTENANCE Tenants must keep their lawns mowed and trimmed on a regular basis, so that the grass or other ground cover, EXCLUDING shrubs, bushes trees and flowers, shall not exceed 3 inches in height. Accumulations of mowed grass shall be raked and removed. In the event a Tenant does not move, trim or rake their lawn, the Landlord has the right to mow, trim or rake Tenants lawn, and the Tenant will be billed and responsible for payment. 21. ABANDONMENT OF HOME For any mobile home which is left abandoned in the park for a period of 30 (thirty) days, or more. The Landlord has the right to enter the home, to secure any loose or movable appliances, furnishings, materials or supplies, and move the home to a storage area or other location. The Landlord will have no responsibility for safeguarding the mobile home or its contents. Page 3 of 4 22. COMPLAINTS All complaints from Tenants shall be in writing, dated and signed. 'Tenants should not come to the management with complaints after office hours unless an emergency exists. 23. LOT NUMBERS All mobile homes must have the lot numbers displayed on the front of the home. Numbers shall be no less than 3" in height. The numbers shall be of contrasting color to house and be clearly visible from the road. 24. CARE AND APPEARANCE The only items that can be stored outside are lawn furniture and/or lawn related items. No more than 3 days supply of heat burning wood may be stored at any one time in front of home and only in the winter months. All other times, wood must be placed as much out of sight as possible. Outside toys must be kept in an orderly fashion. 25. SATELLITE DISHES (if applicable) None 26. OCCUPANCY Occupancy of one mobile home situated on one lot is limited to; (i) one (1) adult individual, whether married or not; (ii) two (2) single adult individuals of either the same or opposite sex; or (iii) two (2) adult individuals who are married. In addition, any children of any of the foregoing may reside with their parents; however, said parent or parents shall be related to such child or children by blood, adoption, or legal guardianship. All adults occupying a mobile home must, as a condition of tenancy, sign the Lease Agreement and any and all additional required documents in order to perfect tenancy. There shall be no other form of Tenant occupancy which includes more than two (2) adult individuals residing together as a "unit" in any one (1) mobile home situated on any one (1) leased mobile home lot. Any exceptions must be approved by the manager. SIGNATURE OF TENANT tyzt<« DATE -'SIGNATURE OF TENANT `DATE 4- 7 SIGNATURE OF LANDLORD, or Representative I , Ii tit + 1 j, Pa era d of d PET REGULA,r[ONS I IAVING A PET IN THE PARK IS A PRIVILEGE THAT WILL BE REVOKED IF TI-IE FOLLOWING REGULATIONS ARE NOT FOLLOWED. PETS THAT BECOME A NUISANCE TO OTHERS WILL NOT BE TOLERATED. I You must clean up any droppings that are left by your pet immediately after the droppings are let, not after they accumulate. 2. Whenever your pet is outside of your home, it n)ust be on a hand-held leash. Pets may not run free at any time. You must be physically outside supervising your pet whenever the pet is outside. Pets may not be tied or otherwise left outside of your home or anywhere else in the Park. 3. No outside pet houses are permitted. 4. Excessive barking outside or inside of your home that disturbs your neighbors will not be tolerated. 5. ALL PETS MUST BE REGISTERED WITH THE PARK OFFICE. The information necessary to register a pet is listed below. 6. No "visiting" pets are allowed. 7. Any pet that is required to have a license must have such license and must wear its current license tag at all times. S. Any pet which has displayed a propensity to attack either human beings or other animals without provocation, and any dog which has been determined to be a "dangerous dog" under the provisions of the "Dog Law" of Pennsylvania, 3 P.S. §4559-101, et seq., shall be considered an "aggressive animal" and shall not be permitted in the Park for any purpose at any time whatsoever. Type of Pet: t- w ?Ar? :??, 1? T 7c? cc1. /'A Sire: r _ Age: Weioht: 0 /r _ _ Height: L By signing below, I hereby certify that all of the above information is true and correct to the best of my knowledge. Tenant: 41 A Date: - -"?_ 1 i',)" Landlord or Represen?tivlz Page 1 01 1 FILE 1., ::a.- I C HLE;. ;f;hJDEF Li OFF I'. E 1 j._; . E_NNT I N F 0 R M A T 1 0N Name Husband Wife LI. Childrnn:v S.S. H S.S. 0 S.S. # Current Addrees: h a ,, FF-i'.IE 1 h , > - - , > 1. L t- ; ..-1 , 17 Phone Number: (homy Li; a "TWc)Fk j..?-?` ?r, k c How long have you been living at thits address: I I li (y,L.?;. yeax,a Landlord information Name of landlol:d Phone Number ...- Work information Husband, Employer name, Addreaair`?ZV ?`c?r t?° 1:• r Phon®r How long gave you een amp oy weekly net take home pay: i5ti -- 'g `ifr Employer names Addreas Phone, How long wave you }peen erne oye I Weekly net take home pay, $ Wi fa s Employer name j Jc? < -y) phone, -- Now long aveyoU een m Weekly not rake home pay.. loyed s a $ 127 Employer names Addrees c Phone How long nave you been amp oye r ;Meekly net take home pay; $ --- 1- f L'f- I. I 1 s l f r.: ,:1 f Ci : al [ ` d.?F!F I--. I iFF (i f I i ;: t Credit Refar'aticea F3 a i k z e f e r e n c e s s 7FC PA e (-- vA i z I) r, Throe other Credit Cefarenwess Add t es s F'holl@: - - -------- - Name: _ f-Nvr ar?? ??? ? ?? t ??? ?,n?r1C? ?: -- -- Address: 7?u-7 Phone -Co -5 f e ? Norma: ` _ LII-j _ Address. _ .._ ___._?.._.._..__?._._.. Phone : --- vehicles awned [take; License No. Meke: L,iaense No, Meke: License No, Make, License No. T/We ai'e providtng the above Information with the understanding that it is confidential but that it will be tiled to vority my/our Credit. T/We give permissi.on for thiq inCouniat_ion tO l.)® used for that purpose. Date : --- - ' I-'? 11"F r)c: rc r%icn rN, -r- . I ,,, 1 , 1 ,,n .--..-. , - CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., hereby certify that I served a true and correct copy of the Answer to New Matter upon the following by United States Mail, first-class, postage-prepaid: Rachel C. Schreck, Esquire Mooney & Associates 230 York Street Hanover, PA 17331 Date: B 1 &&s? A>if;,?4" By:, Julieanne Ametrano 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INDIAN SPRINGS ASSOCIATES, LLC, Plaintiff/Counterclaim Defendant V. SAMUEL D. MARTIN and LISA F. MARTIN, Defendants/Counterclaim Plaintiffs CIVIL ACTION - AT LAW= --7 _-? cz' M o -- :- - NO. 09-2889 c ) ;:- r, f co r C C cap PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO THE PROTHONOTARY: Please kindly mark'the above referenced matter settled, discontinued and ended with prejudice as the parties have resolved their differences. CUNNINGHAM & gHERNICOFF, P. e By: /l icholas A. Fanelli Esquire Attorney ID No. 308136 2320 North Second Street Harrisburg, PA 17110 Attorneys for Plaintiff, Indian Springs Associates, L. L. C. MOONEY & ASSOCIATES, P.C. By: A-VevL&I.r -L"2 L Rachel C. Schreck, Esquire Attorney ID No. 309076 230 York Street Hanover, PA 17331 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INDIAN SPRINGS ASSOCIATES, LLC, Plaintiff/Counterclaim Defendant V. CIVIL ACTION - AT LAW NO. 09-2889 SAMUEL D. MARTIN and LISA F. MARTIN, Defendants/Counterclaim Plaintiffs CERTIFICATE OF SERVICE I, _9?ft De \ C' • Se hree?, , hereby certify that a true and correct copy of the PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE will be served by first class U.S. Mail on the following parties indicated: Nicholas A. Fanelli Cunningham & Chernicoff, P.C. 2320 N. 2nd St. Harrisburg, PA 17110 Date:-027--// MOONEY & ASSOCIATES w 4?YAk ? vF.?6_ F:\Home\NFANEI,LI\Documents\lndian Springs Associates, LLC\Praecipe to Settle Discontinue End.wpd 2