HomeMy WebLinkAbout10-1030tZAL 1 M OF F'tNNJTLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. /Q - Z4030
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.
nrwit yr nrrt?Avw? c I ?/ I ` J 013 sAw • ` 04 J
ADDRE S APPELLANT CITV STATE ZIP
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DATE OF JUDGMV4T IN THE CASE OF (Plaintiff) Pewxhwy
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This block will be signed ONLY when this notation is required under Pa. If appellant was Clairnantc-(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.
a J?_ (20) days after filing the NOTICE of APPEAL.
Sgnetuwad Plothonalay 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 appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signatt re of Merit -&HOmey or agent
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RULE: To CO(AIIf Q &W C/t; ?eS ,appellee(s)
Na f appeft"(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: 9 20 Id 1 ?1 r
SOW- of Prothonotary w Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT. I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name)
on
,20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF -20
Signature of official before whom affidavit was made
fine of official
My commission expires on
20
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Signature of affant
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COMMONWEALTH OF PENNSYLVANIA
not INTY nF- CUMBERLAND
Mag. Dist. No.:
09-3-03
MDJ Name: Hon.
SUSAN K. DAY
Address: 229 MILL ST, BOX 167
MT. HOLLY SPRINGS, PA
Telephone: (717 ) 486-7672 17065
SMITH, BRANDON DEF 2
207 BIRCH LANE
CARLISLE, PA 17015
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
FCOUNTRY MANOR WEST
2 APPLE ALLEY
CARLISLE, PA 17013
L J
VS.
DEFENDANT: NAME and ADDRESS
rSMITH, ANY & BRANDON, ET AL.
207 BIRCH LANE
CARLISLE, PA 17015
L J
Docket No.: LT-0000021-10
Date Filed: 1/22/10
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
0 Judgment was entered for: (Name) COUNTRY MANOR WEST
Judgment was entered against SMITH, AMY & BRANDON in a
n Landlord/Tenant action in the amount of $ 713.72 on 2/04/10 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 371.00.
The total amount of the Security Deposit is $ .00
Total Amount Established V DJ Less • Security Deposit Applied = Adjudicated Amount
Rent in Arrears $ 75.72 -$ .00= $ 575.72
Physical Damages Leasehold Property $ . 00-$ .00= $ .00
Damages/Unjust Detention $ _ 00 - $ _ 00= $ -nn
Less Amt Due Defendant from Cross Complaint - $ -00
Interest (if provided by lease) $ -00
L/T Judgment Amount $ 575.72
? Attachment Prohibited/ Judgment Costs $ 138.00
42 Pa.C.S. § 8127 Attorney Fees $ _no
? This case dismissed without prejudice. Total Judgment $ 713.72
? Possession granted. Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
n Possession granted if money judgment is no sa is ie 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 PROTHONOTARY/CLERK 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-RESIDENTIA? LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCFtIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTR.IC'T 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 , Magisterial District Judge 11Z I,- certi y t at this is a true an orr y o the record the p ocee ings containing the judgment.
Date 6 , Magisterial District Judge
MY commission expires first Monday of January, 2016. SEAL
AO C 315A-08
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~ ~ ~ A tr ~4~ ~ ; ss
AFFIDAVIT: I hereby (swear) (affirm} that I served
^ a copy of the Notice of Appeal, Common Pleas tt ~ ' ~ ~ 3 upon the District Justice designated therein on
(date of service) ,~~ _ ~ , 20 ~'~ ^ by personal service ®by (certified) (registered) mail,
sender`s receipt attached t ereto, and upon the appellee, (name) ~~~. C'd~yl,~l/~ ~~~,
~~Bt.~ __, 20~_ ^ by personal service ^~y (certified) (registered) mail, 7j~-~' ~~.f~
sender's receipt attached hereto.
(SWORN) (AFFIRMED} AND SUB CRIBED BEFORE ME
THIS ~r> DAY OF ^~ , 20 ~Q .
Signature of of ral before whom aKidavit was`m~`~~
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Signature of want
Title o1 official
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^ Complete items 1, 2, and 3. Also complete
item 4 ff Restricted Delivery is desired.
^ Print your name and address on the reverse
so that we can return the card to you.
^ Attach this card to the back of the maitpiece,
or on the front ff space permits,
1. Article Addressed to:
c o U N ~-~y ~~N~Q w~a-
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D. Is delivery address different from item 1 T
If YES, enter delivery address below:
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~^ Yes
^ No
~,G`(' ~' S ~,° /" ~ ~ 1 d ~J 3. SarvlCe 15rpg
Certiped Mall O Express Mall
Registered ~ Return Receipt for Merichendlse i
^ Insured Mail O C.O.D.
4. Restricted Dellvery'1(Extre Fee) . ^ Yes
E. Artcle Number
~''~" 7029 2820 2220 5264 1233
PS Form 3811, February 2004 Domeatb Return Recei t
_ p fa¢~0¢-M=ts4o
^ Complete items 1, 2, and 3. Also complete ~-. y~
kern 4 ff Restricted Delvery is desired. X
^ Print your name and address on the reverse
so that we can return the card to you. B
^ Attach this card to the b~k of the malipiece,
or on the front ff Space permits;
D. Is
1. Article Addressed to:
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b,+f -'Prlnted Name) C. Date of Delivery
1Vadd/resadlffarer,tfro<„ item.,? a
ter delivery address below: ^ No
2. Article Number
' (fTarrs-§r horn servAcy 1eb~
Ps Form 3811, February 2004
3. Sarvbe Type
~f Certified Map ~ Express Mall
O Registered D Return Receipt for Merohand}se
^ Insured Mall ^ C.O.D.
4. Restricted Delivery? (Extra Fee) ~ Yes
7229 2822 2220 5264 1242
Domestic Return Receipt ippgg~.~,1640
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MANOR WEST, PLAINTIFF
VS.
BRANDON SMITH and AMY SMITH,
DEFENDANTS
NOTICE
No. 2010-1030 n ~ ;_,
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CIVIL ACTION - LAW ~'~~=~ _"= ~~
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YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the foregoing 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
LAWYER REFERRAL SERVICE OF THE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
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.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
(717) 243-9400
NOTICIA
Le han demandado a usted a la torte. Si usted quiere
defenderse en contra estas demandas expuestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Usted debe presentar una
apariencia escrita o en persona o por abogado y archivar en la
torte en forma escrita sus defensas o sus objeciones a las
demandas en contra suya.
Se ha avisado que si usted no se defienda, la torte tomara
medidas y puede entrar una Orden contra usted sin previo aviso 0
notificacion y por cualquier queja o alivio que es pedido en la
petition de demanda. USTED PUEDE PERDER DINERO 0 PROPIEDADES O
OTROS DERECHOS IMPORTANTES PARR USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO
A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE OF THE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COD~ON PLEAS OF C~ERLAND COUNTY, PENNSYLVANIA
COUNTRY MANOR WEST, PLAINTIFF No. 2010-1030
VS. CIVIL ACTION - LAW
BRANDON SMITH and AMY SMITH,
DEFENDANTS
COMPLAINT
1. The Plaintiff, Country Manor West, is the operator of a
mobile home community with a principal address of 2 Apple Alley,
Carlisle, Pennsylvania 17015.
2. The Defendants, Brandon Smith and Amy Smith, are adult
individuals who currently reside in their mobile home upon the
lot at 207 Birch Lane, Carlisle, Pennsylvania 17015.
3. The Plaintiff is the landlord of a certain lot of real
estate located in Carlisle, Cumberland County, Pennsylvania,
commonly known as 207 Birch Lane, Carlisle, Pennsylvania 17015.
4. The Defendants are in possession of the aforesaid
premises by reason of a written lease entitled "Rules,
Regulations and Agreement," executed by the Defendants on
December 13, 2002, thereafter amended by an "Addendum to Rules,
Regulations and Agreement," dated July 25, 2007, copies of which
are attached hereto and incorporated by reference herein as
Exhibit A.
5. In violation of the aforesaid lease, the Defendants
have allowed rent to remain overdue and unpaid as follows:
Balance of January 2010 rent $ 75.66
February 2010 rent 371.00
January 2010 late fee 30.00
February 2010 late fee 21.00
January 2010 water bill 99.06
TOTAL $596.72
Plaintiff will suffer continuing damages as provided in the above
mentioned lease for such unpaid rent and other charges as
Defendants may continue to incur after the filing of this
Complaint.
6. A forfeiture has resulted of the property by reason of
a breach of conditions of the lease, to wit: non-payment of rent
as aforesaid.
7. Notice of the Defendants' default has been duly
provided as required by the "Important Notice Required by Law"
page of the aforesaid lease.
8. The Defendants are liable to the Plaintiff for district
justice costs in the amount of $138.
WHEREFORE, Plaintiff demands judgment against the Defendants
in the amount of $734.72, together with continuing damages as
provided in the above mentioned lease, plus costs of suit, and
requests that your Honorable Court award judgment for possession
of the said premises.
Respectfully submitted,
Mar Roberts, Esquire
Attorney for Plaintiff
149 East Market Street
York, PA 17401
(717) 843-1639
I.D. No. 34355
03/01/2010 12:31 17176973938
Mar, 1. 2010 12:20PM Law Office
COUNTRY MANOR WEST
No, 2526
PAGE 03/03
P, ~i 3
IN ~E COUAT OF COkNON PLEAS OF C[TNBb~1tI,AND Cb4NTY, PEI~NSYLVANTA
COUNTRY MANOR WEST, PLAINTIFF Nv. 20J.d~1030
VS. CIVTL AC'xION - LAW
BRANDON 5MTTH and ~iMY SMITH, .
DEFENDANTS
D,~RI$tCATION
The undersigned verifies that the statements made in the
foregoing are true and correct to the best of hia knowledge,
iaformatioz~, and belief .
The undersigned understands that the statements ka.erein are
made subject to the penalties of 18 Pa. C.S.A. Seotion 4904
relating to u.nswozn falsif~.cata.on to authorities.
Dated: March 1, 7.0].0
IN THE COIIRT OF COLON PLEAS OF CIIMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MANOR WEST, PLAINTIFF No. 2010-1030
VS. CIVIL ACTION - LAW
BRANDON SMITH and AMY SMITH,
DEFENDANTS
CERTIFICATE OF SERVICE
I, MARL ROBERTS, ESQUIRE, attorney for the Plaintiff, hereby
certify that I have on the 1st day of March, 2010, served the
attached Complaint by first class mail, postage prepaid, upon the
persons and to the addresses indicated below:
Brandon Smith
Amy Smith
207 Birch Lane
Carlisle, PA 17015
MARL 0 ERTS, ESQUIRE
02/12/2010 11:08 17176973938
r
COUNTRY MANOR WEST
PAGE 05/13
~,
~~,,,, COUNT~tX MANOR WESX'
f+`„ NO.2, APPL1r ~.LLEX
~ - CARLISLE, PA 17013
RULES, REGULATIONS AND AGREEMENTS
REGISTRnTION AND RENT: '
1. By state law, all resi.dcnts will be registered at the County Tax Office.
2. Residents may n.ot sublet the premises or any portion or part thereof.
3. Rent wiQ be collected on. the 7th of each month at the Office, paid monthly in advance. Residents
occupying premises any portion of a month shall constihtte a full month rental. Cash payments
accepted 9 A.M. to 4. P.M Monday tharough Friday. A charge of $1.00 per day will be added. for late
payments. If full late charges are not paid with late rent paymcn.t, a $10.00 billing charge will be
added to th.e late charge invoice.
4. C-n1.y those who are registered at the Office are permitted to live in the home. Guests livi.n,g in the
home over 15 days must register in th.e office.
5. No mare than five people per home are penmi.tted.
6. The home must be the ownez's pri-ncipal residence.
PETS:
In order to minirr+9~e any ir-convez~ience to the community resi.d.ents resulting from pets, Cotmtry Manor
West has adopted a shict pet policy. There are no exceptions to thi,9 policy. Pets arc permitted in the
community as a privilege Eor the residents, in accordance with this policy. This privilege may be
revoked., on an individual basis, at the discretion of Community Management if this policy is not
followed. Residents are advised that failure to adhere to this policy could lead to legal ackion, which
may include eviction from. the commuunity.
7. T.hcre is a maximum of two pets per household allowed.
2. Aggressive breeds of dogs, including, but not limited to, Fit Bull Terriers, Doberman I'in.chcrs and
Rottwcil.exs are not permitted.. .Any pet that demonstrates aggressive behavior of any kind in the
com~anttnity, toward an individual or another ax,.imal, will have to be .re~noved from the community
permanently.
3. Pets may not be tied out`cide at any t~mg (even i.f the owner is present), o.r left unattended. at any time.
Pets are not permitted to ntn loose in the community. Pets must be indoors at all banes, except when
secured by a leash and walked by tl,,.eir owner.
4. Residents are required to clean up after their pets anywhere on the property, including the lo[~e and
common. areas. Pet droppings must be picked up imme~dia tElv_. wrapped in plastic and disposed of in the
residents garbage can.
5. Peks that dishvb the peace of the community, are th.e source of three or more complaints, or otherwise
prove to be a nuisance nnu.st be removed from the community upon receipt o.f notice from the Com.m.unity
Management.
6..%~nimal sitting is not permitted.
7. Pet shelters are strictly prohibited.
OTIIER CHARGES:
1.. Eadt resident is responsible for, t11e cost of the water they use. Rates are establ.i.slled by Middlesex
Township, anal eadl resident's consumption will be determined by actual meter readings. The quarterly
n,i.nianum will be paid monthly in ad.van.ce, and excess u.sa.ge will be t,i.lled quarterly. 1.ntcrest will be
assessed on any unpaid portion. of your water account. The interest rate is 1.5°~ per month on the unpaid
balance. Each. lot will be equipped with a water meter, which is park property, and resid.en.ts will be
responsible for loss of, theft o,r. dar+,a.ge to the water meter.
2. TV cable, water line and sewer line repairs other than iN1TIAL INSTALLATION a.CC the resident's
responsibility. Damage to these items wi1,1. be repaired. or xepl.a.ced at the resident's expense.
3. Any elecrrical service provided during placennent of a home is adcqu.ate for that h.on,.e at that time.
Tf additio~.,al. sexvice or repairs become necessary, resu.ltin.g ch.a.rges are the responsibility of the
02/12/2010 11:08 17176973938 COUNTRY MANOR WEST PAGE 06/13
resident.
4.. New residents must place a $X00.00 security deposit upon registration in accordance with the
Landlord & Tenant Act of 1951..
5. 11 certified letters are written due to rule violalion,9, a fee of $70 will be charged.
6. A fee o.f $20 wit] be charged for checks that are returned by the bank.
7. A $20 minimuan fee will be charged for each lawn-cuttnlg by Cove try Manor.
8. TV reception problen,.s will be checked at your request. If th.c TV set is the problem, a charge o.f $38
per hour will be charged. The resident is responsible for TV cable maintenance on. their lot. .
9. Campers, boats, travel trailers, etc., may be stored in camper storage at an extra charge.
1.0. l:n order to maintain the appearance, health and safely of the community, Country Manor. West
reserves the right to conduct az,, inspection of any home in the community. The frequency of home
iulspections will not exceed, one inspection. per home u1 a ltivo year period. The inspection wi.l.l include
the exterior appearance of the home and shed, az~d the condition of the home's utilities. Any
substandard items will need to be corrected in a specified time lzame, should the resident wial, to keep
the home in the commu.n.ity. The fee for this inspection will be $50.00, a~.1d will be charged to the
resident at the time o.f the inspection.
I.1. Pees stated herein maybe increased., subject to 30 days prior w,~itten notice.
LAWN AND WATER:
1. It shall be th.c resident's responsibility to maintain sewer and water..luttes. Leaking spigots and
toiletq n,u.st be repaired immed.i.ateJ.y to avoid sewage line freeze.
2. Do not flush anything down your drains such as rags, clothes, hard paper, sanitary nap.kixis or items
made of plastic or. rubber. Such items should be wrapped in paper and deposited in garbage cans.
3. No wad.in.g or swimming pools a.re permitted.. A community pool. membership is iulcluded with th.c
rent.
4.. Lawns must be kept neat, clean and mowed to a l,.eight of three inches at all limey. The .management
reserves the right to mow an.y lawn that is neglected at a cost of $20.
5. Garden hose m.a.y be used to water shrubbery and flowers.
TRAFFIC AND VEHICLES:
1. SPEI-sD LIMITS and STOP SIGNS must be 0131:,YED.
2. NO repairi~~g vehicles, changing oil or. overhauling. Immobilized, disabled, uninspected, unlicensed
or unused vehicles shall not be pcrrx,.itted, and most be removed within 1.5 days.
3. Operating unconventional vehicles, (i.e. mini bikeq, dune buggies, snowmobiles, go-carts) within
Cotv,try Manor property is prohibited.
4. Each.l.ot has adequate parking for two vehicles. Families with more than two vehicles must park
the third vehicle by th.e mail boxes. Street pa.rkutg is prohibited. Resi.d.ents may, at their own
expense, expand the size of their parking area with asph.al.t (stones are not acceptable) to accommodate
a llurd vehicle. This wi.ll,require a building perxni.t; consult management fo.r parking specifications.
No comn,.crci.al or larger than 1 /2 ton truck parking is permitted. Harking vehicles on, patios is
proh.i.bited.
EXTERIOR IMPROVEMENTS:
1. All homes must be skirted. New home sales and p.re-owned home resales musk have vertical VINYL
SKIRTING similar or. equ.a.1. to Mastic or Everlock brand made exclusively for. mobile homes. Hitch.cs
mast be removed when installing vinyl sk.ir. ling.
2. METAL AWNINGS must be sin,.ilar or equal to Dura-Hilt or Branstrator Aluminum products for
mobile home use. WOODEN AWNINGS must be painted and have plywood. roof., drip edge on three
sides, shingles, 4' wide gutters and downspouts.
3. STORAGE SI~iEDS: Each resident must have one, .free stan.diz,,g shed on their lot. Largest size
pcrinitted 10' ~c 16'. Smallest sve permitted $' x 8'. They must be wooden, similar or equal ko Atkins or
Lang Barn., of plywood construction, painted, with sh.in.gled roof, and must be installed before
occupancy. 1f a larger, shed. iq on the lot during resale, consulL• Office for an.y approval. Residents may
also install one resin shed (in addition ta, bu.t not in place of khe free standing shed. referenced above).
Resin sl,.eds must be permanently secured to the home or the free standing shed, and should be installed
02/12/2010 11:08 17176973938 COUNTRY MANOR WEST PAGE 07/13
in the rear o.f the home or lot.
4. NO ADDITIONS constituting living space, either h,omexnade or fa.etory-built, can be added.
Exceptions are awnings and screen and/or glass rooms. No carports permitted.
5. WINDOW AIR CONDITIONERS must be installed with wall-mounted supports. No wooden
6:aming from. ground level. NO INSTAI,LATTON ON THE STR]'sF,T SIDE WINDOWS.
6. Consult Management concerning in,.provements on lot`s such. planting trees, etc., du.e to underground
wiring. Shrubbery must be planted five feet off street to allow for snow removal.. All shrubbery
planted by residents shall become the property of the park and may not be removed.
7. PAINTING: Your home and adjacent structures, if repainted, must be similar fo current mobile home
manufacturer color selections or approved by 1vlanagement.
8. Item #1 through #7 require a Cou.n.tr,y Manor 13UILDTNCG PETZNIIT prier to start of improvement.
UPKEEP:
1, Any home or adjacent struchtre not presenting a neat and well-maintained. appearance is considered
i~.~ violation of park roles. Upon receipt of written notice of the violati.vn., should th,c homeowner fail. to
address tl.~.e violation in the time frame specified, tl,e home will be considered in violation again, anal.
mtt<at be removed from thF community.
2. No antennas of any kind shall be installed on or near your home. C13 antennas may be installed o~.~
your shed, but no higher than home .roof.
3. Nothing may be stored. on the patio or around the outside o! your home. Place items in storage shed.
4. Any damage to the concrete patio, driveway, lawn, electrical, T'V cabJ.e, or loss of stuu.bbery and tree
l.i.fe shall be th.e resident's responsibility, Any items neglected will be repaired yr replaced at the
resident's expense.
5. Country Manor is responsible for the normal mainten.an.cc of your yard light. Call the Office i.f it
does not light. if you have changed the yard light to a different style Country Manor West will not be
responsible for any maintenance on i,t.
LAUNDRY:
1. Clotheslines are prohibited, except circular clothes trees, which, must be insta.ll.ed at rear of home.
GENERAL:
1.. Only household garbae~ will be collected once a week. ,T.t m.u.st be kept in a trash can with lid.. Trash
col]ecti.o~.1 fee is included in rnon,tlZl.y rent. Crass clippings, tires, battcri.es, fumih~rc and appliances arc
not collected with the houscb.old garbage.
2. No fences permitted. Concrete blocks are not allowed..for. u.se as steps.
3. Any home lef.•t abandoned and vacant .for 30 days is a violation of these rules. Each subsequent 30 day
period that the home is aban,don.Ed and vacant will be considered a n.ew violation.
4. Residents arc responsible for the actions and behavior of their children, guests and pets.
5. Any behavior which disturbs the peace and tranquility of the comm.uanity is prohibited..
6..~.n.y violation of federal, state or local laws a.nd ordinances resulting in a misdemcan.or or felony
conviction, or occu.rrin.g o~.t the property of Country Manor West, or related to Cou.n.try Manor West will
be concidered a. violation of these rules. Each occurre~.i.ce will be considered a n.ew violation.
7, Operaivlg any type of business ka prohibited in the community.
8. BB guns, pelJ.ct suns, air rifles, slingshots or shooting of any kind are proh.ibi led in the commuxtiry.
9. Service work completed a.t the request of the resident must be paid within 30 d.a.ys.
10. Yard tran~.polines and outdoor exercise equipm.cnt are prohibited.
STORAGE:
7. hll. campers, boats, traiJ.ers, etc., must be stored in the provided parking area or off community
property. Storage fee not included in the rent.
2. Home Heating Fuels: Firewood. nearly stacked, maximum size pits 4.' wide x' hig1,. Kerosene is not
permitted to be stored on. the patio or around. your home.
02/12/2010 11:08 17176973938
SWIMMING POOL:
1. Rules, hours ar-d fees are posted at the pool.
COUNTRY MANOR WEST
PAGE 08/13
RESALE:
1.. Under Section 1]. ol• Act 261, park residents are free to scl.l. their hon,,cs to a buyer of their choosing.
However, Country Manor West reserves the right to screen and approve any Buyer prior to settlement,
if the home i.s to remain in the coxxnmunity after the sale. The application. for residency must be
submitted by the Buyer at least 10 days prior to settlement, and the applicant must be approved prior to
closing on the tome. If the application, i.s not a.pproved., settlement may proceed and the sale is val.i.d,
but the buyer will not be coxtisidered a resident of the community, and the hon,,e must be removed
immediately upon settlement.
2. One "For. Sale" sign may be placed in your window or front yard.. The maximum sire 18" x 24", similar
to the startdard steel real estate sign.
3. /ill homes must have a utility shed.. See STORAGE SHEDS, EXCEPTIONS approved by Office in
writing for these storing NOTHING outside.
4. No home may remain in Country Manor it sold on a "Sales Agreennent:' Buyer must submit proof of
owners).up, such as a title.
SECURITY DEPOSITS:
1. Security deposits of $100 must be paid at lime of occupancy in accordance with the Landlord Tenant
net of 195] .
2. REFUNDS will occur, only when (a) a. 30-day WRITTEN notice is received by Management prior to
vacating Country Manor; (b) all itezx-.s as outlined in form "Instructions For Moving a Mobile Home" of
"Resale Resi.d.cncy" are con,.pl.Eted.
AGREEMENT':
1. Any signature affixed hereto by resident shall. constitute an obligation upon all members for their
immed.i.ate family and guest.
2. Rules St Regulations will be an,.cnded periodically and will be posted in the country Manor West
Management Office. Amendments shall become a part of this agreement. Th.e rights anal, d.ulies
expressed in Act 261 "Mobile Home Rights Act of 1976" apply to your residency at Country Manor.
3. Residents are regttired to comply with ttze Rules, Regulations and ~lgreemen.ts. Any breach of these
rules may result in. a warning notice with a specific time Name in, which the resident must zetttrn to
compliance wit1.1 the Rttles, Regulations and /agreements. l.f th.c resident does not re#u.rn to compliance
within the specified time frame, each additi.oatal day of. violation will be considered a new violation..
IJvict;on proceedings ma.y commence if a second or. subsequent violation. occurs with. a six month period
.from the date of initial nokice.
4. Country Manor shall. not liable for any damage or injury which maybe sustained by the resident or.
any other person,., as a consequence of the failure, breakage, leakage or obstruction of water, sewer,
waste, TV cable, or the electrical, gas or oil system; or by reason of the elements; or resul.tiutg from the
carelessness, negligence oz improper cond.u.ct on the part of any other resi.dent's or other resident'v
agents, guest`a,li.censees, invitees, or, successors; or attributable to any interferet,.ce with, interru.plion of
or failure, beyond control of Country Manor or any scrvi,ces to be famished or. supplied by Country Manor..
Resident must obtain th.e necessary insu.ranee against those contingencies.
~,. GS~'MANAGL~Mk~1TC0.
t,~;'"~,,. P.O. F30X 278
~,~•?' h. KING OP PRUSSIA, Pn ].9406
02/12/2010 11:08 17176973938 COUNTRY MANOR WEST PAGE 09/13
J/We have read t?.Ze forgoing Rules k Regulations and agree ko become a residen.l o! Country Ma~.i.or,
accepting
said Rules ~ Regulations. T/WE agree that a.l..l said Rules & Regulation.9 sh,aU. Ue part of r,c~ltal.
agreement. J/We acknowledge zeceipt of the attached copy of. ,~.ct No. 261.
D a t e,~~L? - -f ~ ---~ ~----------------
Mrs.
c~
Rev. 3/22/01
02/12/2010 11:08 17176973938 COUNTRY MANOR WEST PAGE 10/13
IMPORTANT NOTICE REDUIREO BY LAW
ACT NO. 261
"THE RULES SET FORTH BELOW GOVERN THE TERMS OF YOUR LEASE OF OCCUPANCY AGREEMENT WITH THIS
MOBILE HOME PARK. THE LAW REQUIRES ALL OF THESE RULES TO BE FAIR AND REASONABLE.
"YOU MAY CONTINUE TO STAY IN THIS PARK AS LONG AS YOU PAY YOUR RENT AND OTHER REASONABLE FEES
SERVICE CHARGES AND ASSESSMENTS HEREINAFTER SET FORTH ANp ABIDE BY THE RULES OF THE PARK.
ENTRANCE AND EXIT FEES MAY NOT BE CHARGED. INSTALLATION AND REMOVAL FEES MAY NOT BE CHARGED IN
EXCESS OF THE ACTUAL COST TO THE MOBILE NOME 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,
"f 2 A SECOND OR SUBSEQUENT VIOLATION OF THE RULES OF THE MOBILE WOME PARK OCCURRING WITWIN A 51X-
MONTH.
" 4 IF THERE IS A CHANGE IN USE OF THE PARK OR LAND OR PARTS THEREOF.
" 4; TERMINATION OF MOBILE HOME PARK.
"YOU SHALL ONLY BE EVICTED IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
" 1) A RESIDENT SHALL NOT BE EVICTED BY ANY SELF-HELP MEASURE.
" 2) PRIOR TO THE COMMENCEMENT OF ANY EVICTION PROCEEDING, THE MOBILE HOME PARK OWNER SHALL NOTIFY
YOU IN WRITING OF THE PARTICULAR BREACW 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 NOME RESIDENT DOES NOT PAY THE OVERDUE RENT WITHIN 20 DAYS FROM THE GATE OF
SERVICE IF THE NOTICE IS GIVEN ON OR AFTER APRIL 1 AND BEFORE SEPTEMBER 1, AND 30 DAY5 IF GIVEN ON OR AFTER
SEPTEMBER 1 AND APRIL 1 OR AN ADDITIONAL NONPAYMENT OF RENT OCCURRING WITHIN SIX MONTHS OF THE GIVING
OFTHE NOTICE MAY RESULT IN IMMEDIATE EVICTION PROCEEDINGS.
((11 IN THE CASE OF A BREACH OF THE LEASE OR VIOLATION OF THE PARK RULES, OTHER THAN NONPAYMENT OF
FT~NT, THE NOTICE SHALL DESCRIBE THE PARTICULAR BREACH OR VKLATION. NO EVICTION ACTION 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 HOME PARK OWNER MAY COMMENCE EVICTION
PROCEEDINGS AT ANY TIME WITHIN BO DAYS OF THE LAST VIOLATION OR BREACH.
"YOU SHALL NOT BE EVICTED WHEN THERE IS PROOF THAT THE RULES YOU ARE ACCUSED OF VIOLATING ARE NOT
ENFORCED WITH RESPECT TO THE OTHER MOBILE HOME RESIDENTS OR NONRES-bENTS ON THF_ PARK PREMISES.
"IN ADDITION, NO EVICTION PROCEEDING FOR NONPAYMENT OF RENT MAY BE COMMENCED AGAINST YOU UNTIL YOU
HAVE RECEIVED NOTICE BY CERTIFIED OR REGISTERED MAIL OF THE NONPAYMENT AND HAVE BEEN GIVEN TO PAY THE
OVERDUE RENT 20 DAYS FROM THE DATE OF SERVICE IF THE NOTICE IS GIVEN ON OR AFTER APRIL 1 AND BEFORE
SEPTEMBER 1, AND 30 DAYS IF GIVEN ON OR AFTER SEPTEMBER 1 AND BEFORE APRIL 1. HOWEVER, ONLY ONE NOTICE
OF OVERDUE RENT IS REQUIRED TO BE SENT TO YOU DURING ANY SIX-MONTH PERIOD. IF A SECOND OR ADDITIONAL
VIOLATION OCCURS WITHIN SIX MONTHS FROM THE DATE OF THE FIRST NOTICE THEN EVICTION PROCEEDINGS MAY
BE IMMEDIATELY STARTED AGAINST YOU.
"YOU ARE ENTITLED TO PURCHASE QOODS OR SERVICES FROM A SELLER OF YOUR CHOICE AND THE PARK 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 TWE PURCHASER AS A RESIDENT
IN THE MOBILE HOME PARK.
"ENFORCEMENT OF THE MOBILE HOME PARK RIGHTS ACT IS BY THE ATTORNEY GENERAL OF THE COMMONWEALTH OF
PENNSYLVANIA OR THE DISTRICT ATTORNEY OF THE COUNTRY IN WHICH THE MOBILE HOME PARK 15 LOCATED. YOU
MAY ALSO GRIND A PRIVATE CAUSE OF ACTION. IF YOUR RIGHTS ARE VIOLATEb YOU MAY CONTACT THE STATE
BUREAU OF CONSUMER PROTECTION OR YOUR LOCAL DISTRICT ATTORNEY."
~ ~ i
DATE:~~~_ ~ J__~~.-------------~--
02/12/2010 11:08 17176973938
..
b. J , :
. ~'• Via', ~ ~~•?.~ . :'County ~Manor.;West' . ~ . ' :. ,. •.
2 Apple Alley
Carlisle, PA 170 ] 5
COUNTRY MANOR WEST
'. '~~r ~ '
ADDENDUM TO RULES, REGULATIONS
AND AGREEMENTS
.,,.
Dear Country Manor West Residents:
PAGE 11/13
Effective ~`0.9%01~/07:rthe following addendum to the Rules and Regulations will take
effect.
REGISTRATION.AND RENT
Rule # 3
•Rent;~illrbeti'coll~c.~ed~o~n~bie~ ~1.~±eacl~'"•.i~ripnitli at the office, paid monthly in
... .5.....1.~..n
advance. Residents occu in,~ the premises ate ,portion of a month shall constitute
a full month rental, ~'~ ~~,C~?,?~ED;. Rental
payments will be acce ted in the ~~'
p form of check~or money order only. A charge of
.,..~~... -,., .a.;.,-,.
.., , ....:..:,,da ~~,,.,~.,.
~1~~ ~O~~p~er~,,. ~y~w~l~i~b~~e~~cllr..:, ~ts~~c~~t~lts?y. ~, .-,.
.u ~ ~ ~ ~~aynerit§~eceived,a~fter.
:• a:•i~'~°~ ~"' ,~ 417
.. .. ~.... 1... v.:..... .... ~,. ••~
5,~..~ofreacfl"bxlth Zf.full late fees are not paid~with late rental payment a $10.00
billing charge will be added to the late chazge invoice,
. i.,.. ... -.... ~... , r y ,...,,,,..
Again;:.this .change pis°~:effective:.,09/.01~%07;raxedbecomes~~part~'of~your:~lease~~agreement
If you should have any questions pertaining to this change, please contact the
Coutztry Manor West Office. (717) 69'1-0900,
Sincerely,
Country Manor West
FILED-OFfICE
OF THE PROTHONOTARY
101IJ.!1 iii 26
CUMBEF1 ?URtTY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MANOR WEST, PLAINTIFF NO. 2010-1030
VS.
CIVIL ACTION - LAW
BRANDON SMITH and AMY SMITH,
DEFENDANTS
PRAECIPE
To the Prothonotary:
Please mark the above captioned matter settled and satisfied.
Dated: January 14, 2011
Marc Roberts, Esquire
Attorney for Plaintiff
149 East Market Street
York, PA 17401
(717) 843-1639
I.D. No. 34355