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HomeMy WebLinkAbout10-35780 Page (?+) , y I . D -aS'78 (]?ivi[Terw IN ':-'HE COURT OF ,O,%21ON PLEAS OF CUMBERL. YD COUNTY, PENNSYLVANIA CAUISLE, PENNSYLVANIA "ONY LEE ROBINSON,?20 S:?. 31 E'Y LAuO DRIVE CA-"LI SLE, PENNSYLVANIA 17015 Appellant, : VS LEIBY' S M.H.C. 7075 CA"ILISLE PIKE CA:?,LISLE,PEI?NSYLVANIA 17015 : Appellee, ; Rocket ;o. L'F.0000%94-10 N b s. rx' T C-. c_ ' r j ? 4Lc € r? M -gym a ?r7 r F, D 8 APPLICATION AND LOTION TO PL O "DEED IN FOR11A PAUPEy.IS PURSUANT TO Pa.H. C.P. 240. 1.1 am the Appellant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action. or proceeding;. 2.1 am unable to obtain funds from anyone,including my family an""' associates,to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is t::ue and correct: (a).Name: TONY LEE HOBINSOT Address: 1 KEY LAIC D-T'.'E. Social Security l',umber:_ 198-70-766 (b).Employment If you are presently employed state Employer: Not Employed Address: There is no employer address as Z am unemployed. SALARY OR °TA DES PERMONTH NONE. Type of Work None . If you are presently unemployed state Tate of last employment. December 4,2009 Salary or Wages per month. One ThousAnd ?oll?rs ne-r r_iozith. Type of Work. Truck Washer at a Truck Wash Blue Beacon True':; Jash located. on The Carlisle Pike Carlisle PA. (c Other income within the oast twelve months. Business or Profession: NOE Other self-employment. NONE Interest: NONE . Dividends: NO ,E. Pension and annuities: NONE. Social Security Benefits: NONE Disability Payments: NONE. Unemployment compensation and supplemental benefits.NONE. presently fighting; for unemployment benefits,. h;orkman's compensation. NOME. Public Assistance: NONE. Other: NONE (d). Other contributions to household support. (fife)(husband) Dame. I am not married. If your( Wife) (Husband is employed state Employer: NONE . Salary or wages per month. !To.-\,,E Type of work: NONE. Contributions from children: IXONE. Contributions from parents: Parents allows me to ztxx eat at their place and keen myself clean while seeking; employment. Other contributions. NONE (e). Property Owned. Cash. TONE Checking Account:_ I have a checking account that is?empty at New Cumberland Federal Credit Union,Carlisle Pike.Car is3e,PA Savings Account: NONE.. Certificates of deposit: NONE eal Bstate(inclucin,g home .I have a 1964 2 bedroom mobile home which is so old until it isn't -7orth much money and I will have to vacate It with this eviction notice as it can't be movea. I am going to be homeless. Motor Vehicle: Hake NINE Year NO.*LlgE Stocks: Bonds NONE Other: NONE (f).Bebts and obligations. .Kortgage. NONE Bent:Lot rent for mobile home is 9425.0 Loans: I owe X5.00 to New Cumberland I Other: NONE (g). Persons dependent upon you for support. ( fife) (Husband) Name: N0ExE Children,if any. NOi7E. Name: tto Children Other Persons: ??ame : NONE Relationship: NONE. Cost YONE Amount owed11,10NE . D a month. ederal Cred 4. I understan6that I have a continuin6 obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein: . I verify that the statements made in this affidavit are true and correct. I understand,. that false statements herein are made subject to the penalties of 18 Pa. C.S. 'lection 4904 relating to unsworn falsification to authorities. :Date : June 1 , 2010 Respectfully/s/ ppellant ??age(6). VERIFICATION IOW CO'-,iES the undersigned, who certifies than the facts as set forth in the foregoing document are true to the best of his knowledge and belief. This certification is Made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, and pursuant to the Pennsylvania rules of Civil Procedures. Date: June1,2010 I espectfully 9 _ T O NY LEE r.0 , . 31 BEY LAI 0 MEI'F, CARLI SLE, PA 17015 Page(7) . PROOF OF SER.VICE I TONY LEE 20EIit.SON do hereby declare and certify that I have this day of JUNE 1, the 2010 year of our Lord caused to be served upon the Appellee a true and correct copy of this appeal by hand delivering the same to the Appellee at Leiby's mobile home Community at 7075 Carlisle Pike Carli sle, PA 1701 giving the same to the Mgr. Ms. Laura Evans. G Date: June 1,2010 TONY LEE ROBINSON 31 KEY LARGO DRIVE CARLI SLE. PA 17015 IN THE COURT OF COM1,10N PLEAS OF CUMBE.1 LAND COUNTY, PENNSYLVANIA CARLISLE, PENNSYLVANIA TONY LEE .-OBINSOY, PRO SE. 31 KEY LARGO DRI7E C ARLI SLE, PENNSYLVANIA 1701 Appellant, Docket No. LT.000S?9P10° VS LEIBY'S I.H.C. 7075 CARLISLE PIKE CA.iLI SLE, PENNSYLVANIA 17015 Appellee, TO THE HONORABLE PRESIDING JUDGE,AiVD HON.PROTHONOTAI',Y: NOTICE OF APPEAL IT DOCKET NO.LT.0000294-10 FROM THE JUDGEMENT ENT RED IN ABOVED CASE AYD FROM SAID JUDGMENT OF M 18, 2010 SO ENTERED BY THE HON.THOMAS A. PLACEY,MAGISTERIAL DISTRICT JUDGE,MAG. DIST.NO. 09-3-04, 104 SPORTING HILL RD. I,IECHANICSBURG,PENNSYL?IA:IIA 17050, SUB:KITTED IN GOON FAITH, IT, FO-'1J-A PAUt,E2,IS. " NOTICE OF APPEAL " AND NOW, comes TOT\Y LEE TT.OBINSON. PRO SE. in forma pauperis, pursuant to legal procedures, who hereby gives to this Honorable Court Of Common Pleas this good faith NOTICE OF APPEAL, from the final judnen.t entered in this case on MAY 18, the 2010 year of our Lord, by The HON. THOMAS A. PLACE,Y',1,AC13TE,IAL DISTRICT JUDGE, to The Court Of Common Pleas of Cumberland County,Pennsylvania and hereby moves the Honorable Court to allow this good faith appeal to so proceed by ordering the Clerk of the lower Magisterial District to forward to The Court Of Common Pleas Of Cumberland County,any and all judgments and records and transcripts dealing with the aboved given docket No. case so as the Appellant may then enjoy a meanin ,ful appellate review. FACTS ABOUT CASE: (a). The Appellant contends that on the date of May 18, the 2010 year of our Lord at and within the aforesaid Magisterial District Court heretofore identified as 09 -04 judgment in a residential Lease matter was had against him, by the Honorable Thomas A. Placey in favor of the Appellee in this action. It is from this particular judgment for which this appeal is filed. Fage(2). ISSUES ON APPEAL (a) , S Q CIAL PROFILING OF THE APPELLANT FOsi THIS I'UNITI s'E TT:EATME TT (EVICTION BECAUSE OF E ? I CTION NOTICE TNU CE WITHIN A SIX MONTH PERIOD, WHILE NOT IMPOSING THE SAM TYPE OF TREATMENT UPON WHITE RESIDENTS 14HO OXE TWICE THE RENT OWED BY APPELLANT AND WHO HAS NOT BEEN E.' POSES TO THIS TYPE OF EyICTION)1E7-E1\1 WITH A SIX MONTH NOTICE TWICE. (b). DISPARATE TREATA.MT I-111POSED AGAINST APPELLANT 1 RILE NOT BEING IMPOSED AGAINST ;MITE RESIDENTS IN THE SAME LIKE SITUATI0 AMID EVEN WORSEN BY THEI : II'A`JING BEEN GI :BEN A EVICTION NOTICE IN SIX MONTHS PERIOD AND 7IF0 01VE MUCH MORE RENT THAN APPELLANT. (c). APPELLANT HAS BEEN THE VICTIM OF FRAUD IN THIS CASE. RELIEF aEQUESTED: 1. Appellant respectfully moves this Honorable Court,that an order will issue forthwith allowing this good faith appeal to proceed. 2. Appellant respectfully moves this Honorable Court to issue a restraining order made to apply and directed to the Appellee,so ordering that the Appellee be restrained from implementing any eviction in this case until this appeal has had its final review by any and all Courts of last results in the instant; matter. Appellant is entitled to Constitution provisions of remedies of redress which includes appeals to duly inquire into the lawfulness and the Constitutionality of any situation and Residential Lease matter that may result in his suffering a grievious loss and to remove the same if unlawful and such remedies ought not be denied. DATE: JUNE 1,2010 :respectfully Submitted/S APPELLA I - Page(3). IN THE COU -:T OF COM TOY PLEAS OF j.T CUalTBERLAND COUNTY,PENNSYLT,`A_ "IA CA'MI SLE, PET NSYL trA.NIA TONY LEE ROBINSON, PIPC SE. 31 KEY LA:.GO DRI ';rE CARLI SLE, P E1,TYSYL'; ANIA 17015 Appellant, jrS LEIBY' S I.H. C. 7075 CARLISLE PIXIE CALiLI SLE, PE127 SYL`TANI A 17015 Appellee, Docket No. LT.0000294-10 TO THE HONOFABLE PRESIDING JUJ'-E, AND HOW. P?OTHONONOTARY: NOTICE OF APPEAL IN DOCKET NO.LT.0000294-10 FROM THE JUDGMENT ENTERED IN ABOVE CASE AND FROIUi SAID JUDGi2ENT OF MAY 18, 2010 SO ENTERED BY THE HON.THOT^'AS A.PLACEY,M.AGISTERIAL :DISTRICT JUDGE,MAG.DIST.NO.09-3-04 104 SPORTING HILL Z;'D. MECHANI OSBU.?_G, PE1? NSYL71ANIA 17050, SUBiTITTE`D IN GOOD FAITH_ AITH IN FORMA PAUPYRIS " TENANT; S SUPERSEDEAS AFFIDA7 IT (NON-SECTION 8) " I. r'OTvY LEE ROBINSON 31 KEY LA'c"O DR:IVE, CAF.LI SLE, PA 17015 have filed a Notice of Appeal from a ,1ragisterial District Court judgment awarding to my Landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three(3)times my monthly rent of the 3udgment for rent awarded by the Magisterial District Court. My total household income(0) does not exceed the income limits set forth in the supplemental instructions for obtaining a stay ending appeal and I have completed an. in forma pauperis(Ii{'Paffidevit to verify this. I have not paid the rent this month. I verify that the statements made in this affidavit are true any correct to the best of my knowledge,information and belief. I understand that false statements herein are made subJedt to the penalties of 18 Pa. ?. Sec n 4904, re7 to unsworn falsification to authorities. Date: JUNE 1,2010 I.espectfuily TONY LEE:' RO .CNSON COMMONWEALTH OF PENNSYLVANIA CO INTY nF• CUMBERLAND '01,1 Dist. No. 09-3-04 MDJ Name. Hon. THOMAS A. PLACEY Address 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone; (717 ) 761-8230 170.50 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rLEIBY'S M.H.C. 7075 CARLISLE PIKE CARLISLE, PA 17015 L J VS. DEFENDANT: NAME and ADDRESS rROBINSON, TONY LEE 7 31 KEY LARGO DR CARLISLE, PA 17015 TONY L. ROBINSON L J 31 KEY LARGO DR Docket No.: LT-0000294-10 CARLISLE, PA 17015 Date Filed: 5/05/10 'vsa: THIS IS TO NOTIFY YOU THAT: _ Judgment: FOR PLAINTIFF X -Judgment was'en e6'r-'EcTfo`r:"->- Name LE- Judgment was entered against ROBINSON, TONY LEE in a Landlord/Tenant action in the amount of $ 994.25 on 5/18/10 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 339.00. The total amount of the Security Deposit,is $ 658.00 Total Amount Established byy MDJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears $ b78.00 - $ .00= $ 678.00 Physical Damages Leasehold Property $ 126.33 - $ . 00= $ 126.33 Damages/Unjust Detention $ _ 00 - $ _0 0= $ _no Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ 47 L/T Judgment Amount $ R66.7 ? Attachment Prohibited/ Judgment Costs $ 127 0 42 Pa.C.S. § 8127 Attorney Fees $ 00 This case dismissed without prejudice. Total Judgment $ 994.25 Possession granted.' C f ,i i ? Possession granted if money judgment ? Possession not granted { ?_ !) Post Judgment Credits Post Judgment Costs Certified Judgment Total ? Defiendants are jointly and severally liable. -`? i" ACTION INVO VINGA RE 1V HAS 1HE T-TUAPPEXL Rf?M A?110i?rVI "tfl1t?'- 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',#HE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. 11 THE. PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS N ICE OF JUDGMENT/TRANSCRIPT FMM-WIT H THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCED E FOR MAGISTERIAL DISTRICT JUb..dESi4F THE.J:UDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COM N PLEAS, ALL FURTHER PROCE66?MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY HE MAGISTERIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON FLEAS, ANYONE INTERESTED IN T NT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL STRICT JUDGE IF THE JUDGMENTpE$i J PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - Date _ certi t this is a true n u. , M com ission expires first Monday of January, 2016• Aq C 3i IAl ) 3 - Magisterial District Judge ie judgment. Magisterial District Judge SEAL COMMONWEALTH OF PENNSYt VANIA COURT OF COMMON PLEAS Judicial District, County Of C21^71eX,?O Q1 NOTICE OF APPEAL FROM DISTRICT .JUSTICE JUDGMENT COMMON PLEAS No. 10-3578 CiVj me, NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. > ( MAG. MST. NO ? '? ? 4 0 - ' o -D,.z CITY 5ik?t:_C?A_ E OF JUDGMENY IN THE .. c> . / ?e b 10 /.?/_?y ) ?5 LM_ .. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for poss9ssion in this case. PRAECIPE TO ENTER RULE (De/endarr) . ....? _ ---N 6',..,y 45- , oA"'* W 5-8 ill If appellant as Claimant .(aee Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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. X78 I V? ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: TO V' Sign w9ofappellantorattomeyora"nt - , 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: J " 2010 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF AP 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 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 afrant Signature of official before whom affidavit was made Title of official My commission expires on 20 ADM) L I : I Na I Nnr wo1 M.Y.L. `4&-.LQW 3Hu J(i 3o 1i4n, tiMH (''1 j ~r',~- r-1' ~i j.~ ''.. I.J ~_ 1r ~r /~~r~ 1~.~~. f r_ ~ 20fOJU~~ IS ~~lf~ ~f PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER trling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~:1rirT6c i2,,laN' ~ ; ss AFFIDAVIT: I hereby (swear) (affirm) that (served /~. ~7~ .._~ a copy of the Notice of Appeal, Common Pleas ~L/'.e~" ,upon the District Justice designated therein on (date of service)~N'C, ~ , 20 /C1 ~'t~y personal service ^ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appe{lee, (name),~/6~3 ~ ~C,.-- , on ~/ ~,~ ~ , 20 / Q ~'by personal service ^ by (certified) (registered) mail; sender's receipt attached hereto. (SWORN) (/AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ~~ DAY OF ~uyu . 20~. Signature of affiant Sigma" lure q(officr~'lbefore whom ajhdavit was made /~~ Title of of( ia! My commission expires on _~,[_ , 20~. M~!N~ ~~M >0~-4~ ~~ IaCr~i~- ~, IN THE COIIRT OF COMMON PLE1S OF CUfl~BERLA2SD COUNTY, PENNSYLVANIA CARLT SLE, PENNSYLVANIA LEIBY'S MHO, LLC, : T,L AND D/B/A LEIBY' S MOBILE FiO~~~E PARK 10-578 Plaintiff, : CIVIL ACTION-LAW VS : TONY LEE ROBINSON n ~; 31 KEY LARGO I)RT VE ~ "' CARLI SLE, PENNSYLVANIA 17015 ~ , Defendant , : _ r_.: ~~ =, ; ~ __ '~ '" c ~ TO THE HONORABLE PRESIDING JUDGE,A~D PROTHONOTARY :~ .;;, ' .,. ~ DEFENDANT'S RESPONSE TO PLAINTIFF'S COMPLAINT FILED IN THIS CASE AND IDENTIFIED AS 10-3578 CIVIL ACTION-LAW SUBMITTED IN G0034 FAITH, IN FORMA PAUPERIS T0: ANDREW 0. SHEELY,E3QUIRE 127 S.Market Street P.O. Box 95 Mechanicsburg,PA 17055 Counsel For Plaintiff NOW COMES, Defendant TONY LEL ROBINSON, a 20 year old Black American, appearing and proceeding PRO SE who submits his good faith response to Plaintiff's Complaint seeking EJECTMENT and MONETARY RELIEF. GENERAL OBJECTIONS 1. The Defendant agrees with that section of the ,Plaintiff's Complaint starting at page 9 ~~nd continuing on through the section so marked ar~d identified as Paragrapgh ~~~io.10 ending on page 2. 2. The Defendant contend' s that the remain3.ng paragraph 11, on page 2 entitled Count 1.-EJECTMENT is rejected and should not be granted for the folloxi,ng reasoons. 2. (a}. Section and paragraph marked as 12 is denied because def endant has a valid lease that has not been.. legally terminated in a proper manner as there has been. no type of negotiation. (b). There has been no signing t3f a new lease by the defendant becaas the PI+JIIATIFF seeks to implement the new lease to su steeds the original lease simply because the Plaintiffwio ate the lease agreement with the defendant in the original lease. (c). Defendant contends that such violation occured when the plaintiff begin to Charge the defendant a X14.00 monthly fee for tr_ ~1, and a late rent fee of 0.00 xhere in the lease agreement with defendant was only required to pay 20.00 late fee. In the lease with defendant a late rent pay date was a 10 day grace period,~~rhile under the new lease a da grace period was implemented in bad faith by the named P ain.tift". In the defendant ~ s lease agreement there Tams no fee for trash a reti~iew of said original lease ~aill show the same. truth of the matter is that the Plaintiff started charging for trash long before the new lease was implemented with defendant not being consulted about the same,but yet being charged for trash. (d). The defendant further ob~scts to each and every demand to the extent it is vague ambiguous,burdensome and oppressive. (e). The defendant denies the accusation contained in paragraph 13 of the Complaint on page 3 Plaintiff merely sent a new lease to the defendant with no offer of negotiation and implemented the word SUPERSEDE to cover up the violations it had committed in the original lease by saying"the new lease supersedes the old lease,thus never giving those effected or affected by ~ta~ltffi~a1~rx~a its introduetson and violatimn~, any opportunity to complaizli~. Those who unintelligently signed the new lease thus waived and signed away their rights to prr~test violations of the original lease.simply by accepting the new lease with the word su ersedes the original lease. The defendant is legs ly on the said property and the Plaintiff owes defendant for the breach and violations of the terms set forth in their lease agreement, which a copy of the lease is attached to the Plaintiff's omplaint. CONCLUSION The Defendant respectfully moves this Honorable Court,to ;;rant him relief in the following manner... (a). Deny the request of the Plaintiff for Ejectment. (b } ~ Order that ejectment rulin~;;s be held in A~ii:~'YA.NCE pending further review in this case and defer..dant s responsiti-e claims. (c) . Order that a full hearing be held in this matter to further defendant s claims in the response to Plaintiff's complaint (d). under a full hearing to inquire inth the def endant's claims of fraud and more particular based upon the Constitutional clarify ( ~+) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CARLISLE, PENNSYLVANIA LEIBY ~ S MHC, LLC, T~A Ai~'D D~B/.~. LEIBY'S MOBILE HOME PARK Plaintiff , 10-3578 : CIVIL ACTION-LAW YS TONY LEE ROBTNSON 3f SEY LARGO DRIVE CA_~I,ISLE, PENNSYLVANIA 17015 Defendant, AFFIDAVIT OF PAUPERISM ,SUBMITTED IN GOOD FAITH, PTJ:~ SUA~v T TO RULE 2~$0 (c) (1) Pa . R. C, P . IN FORMA FAUPERZS. 1. I am the defendant in the above matter and beQause of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. Z am unable to obtain funds from anyons,including my family and associates, to pay the cost of litigation. 3. I represent that the information below relating to my abilit to pay the fees anal costs is true and correct. ( a~, Name : TObiY LEE ROBIN84N Address: f Rs~.,...ar~o Drive Carlisle Penns lvania 1701 Social Securit~r Number 19~,- 05- ~„ (b). Employment: If you are presently employed state ~uployer: Unempl~ed. Address: NONE Salary or wages per moat NONE Type of work: NONE If you are present~y~unemployed,state date of last employment Dec. ~+~20__ 09____ Salary or wages per month: One Thousand Dollars on' Type of work: Truck Washer Beacon Truck T~iash. Car„_, Isla (c). Other Income within t e past two ve months:NO1QB Business or profession: NONE ether self-employment: NOTyE Interest: ~~ONE 1~,VidendS: NOR Pension and annuitise: NONE Social Security benefits: NOATE Support benefits: NONE T7lsability payments: NONE Unemployment compensation and. supplemental benefits: had been a roved for same but a ent was ter rupted by Congress be ore I cou d get ul y st-urte~, and I get nothir~•. c~~. requirement of the implementation of fundamental fairness in eases of this nature where there is an element of fraud and deception. (e) . Order a full hearing as this defendant acting in good faith has presented a prima Facie circumstance thus xarranting De Novo action.. The defendant tithether appearing with Counsel or Pro ~e is entitled to Constitutional provisions of remedies of redress to duly inquire Into the larzrfulness of such matter and toxaaa~ea remove the same if unlawful. (~). Plaintiff has used coercive methods in attempting to cover up it's fraudlent actions, and because defendant has re~eeted the same,the plaintiff has acting in bad faith SOIIG ~J'1NT Thi s defendant i s the victim ©~ flagrant actions im?osedlupon him by the plaintiff. Plaintiff has in this matter ezposed the defenant to a flagrant disregard of statutory and constitutional jurisp~~udence b~,y aggressive, overt acts of evictions and bad faith. tr1'herefore this action is submitted in good faith and the defendant ~•Ti11 forever pray. D,AT$ -~~ JULY 15~201C3 T RQ BIDt 4h t~). '~~orkman's compensation: NONE Public Assistance: NON Other: Family make s sure I eat and have clean clothes. ( d) . ether contributions to househol~~support: (Wife)(Husband) Name: NONE Employer: NONE Salary or wages per month: NONE Type of work: NONE . Contributions from children: NONE Contributions from parents: No moneta su ort. parents make sure I have clean c1_othinR and food. to ea . other contributions: (e). Property Owned. Cash : NONE _. Checking ,Account: YES.~~?o Union, Carlisle. ~~Penn' sv~va (f~• (~)• ~avzng .~.ccount : NONE _ Certificate of deposit: NQN Real Estate including home I Mobile ~?ome. I am being evicte it is to o1~__to move,so soon I ~r Cumberland Federa e_ a deesyin~ 1964 ~m the ~xotierty and Motor Vehicle: NONE Make____NON_E Y Amount owed, NINE , Stocks: NONE: Other: NONE, Debts and ob igations: Mortgage: NQNE Bent: Lot rent is .00 monthly. I evicted.-~" Loans: I owe X86.00 to New Cumberland o~t ha ,t e that . ear NONE. Cost DONE am presently being cre Persons dependent upon you for support: (Wife) (Husband ) .NONE , Children, if any: Name NONE Nye NONE,Age NONE Name NONE Ageµ NONE Name IJONI~ _Age NJNE± . Other Persons: NONE ~~ am e : NO'.tE '~ relationship: NONE .. (4). I understand that I have a continuing obligation to inform the Court of improvement in my financial circur~,~tances ;,~hich would permit me to vay the cost incurre ~ herei n. (5). I verify that the statements made in this petition (Affidavit) are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section. 4904 relating to uns°saorn falsification to authorities. Date: July 22,2010 ~. ielnt Defendan ~ ~'~~'" rv~ t gTZaN ANI3 NOW COP~~,S the undersigned, Who certifies that the facts as set forth in the foregoing legal action and document are true and correct to the best of his own knowledge and belief~:~. This certification is made subject to the penalties of 1F3 Pa. C.S Section 404 relating to unsT.aorn falsification to author°ities anal pursuant to the mand~.tes of yhe Cos~mona•~ealth Cf ~ennsylL~ania. date. July 22,2010 Reapectfull Af .ant a endan t~~. PROOF OF SERITICE T TONY LEE ROBIM301Q, dd hereby declare that I have this date of JULY 22,2010 esuse8 to be served the Plaintiff in this case a true and correct copy of this legal action entitled Defendant s Response To Plaintiff's Complaint Filed In 'phis Gase " , by placing such copy into The U.S. Nail addressed as set out belo,a . TO : AN I~E~' C . SHEELY ,ESQUIRE 12? S. Market Street P.O.Bou 95 Mechan~csburg,pg 17055 Bate: JULY 22,2010 Respect .+ ~ n..r+.L L.a.tt litl .litf:L U L' CARLISEE,Pl 17015 Andrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARR, Plaintiff/Petitioner vs. TONY LEE ROBINSON, .Defendant/Respondent :. ,,- .~ _ vN~ 1.1 ~ ' u i f u.,. v t,. e~„~'~ ~~ Prn~ ~~ a3 `_4 ,~ :. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10 - 3578 CIVIL ACTION - LAW PETITION TO TBRMINATE SUPSRSSDEAS Petitioner, Leiby's MHC, LLC, t/a and d/b/a Leiby's Mobile Home Park, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Petition and Praecipe to lift supersedeas in the above-captioned action, and in support thereof respectfully states as follows: 1. Petitioner is Leiby's MHC, LLC, t/a and d/b/a Leiby's Mobile Home Park, owner of the Leiby's manufactured home community and Plaintiff in the above-captioned matter. 2. Respondent, Tony Lee Robinson, is Defendant in the above-captioned matter with a last known address of 31 Key Largo Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Respondent filed an appeal pursuant to Pa. R.C.P.D.M. No. 1002 docketed to the above-captioned matter on or about June 1, 2010. 4. Petitioner believes and therefore avers that Respondent is the owner of 1966 Rembrandt manufactured home VIN 8441218919 is currently located at 31 Key Largo Drive, Carlisle, Cumberland County, Pennsylvania and on lands owned by Petitioner. 5. Petitioner and Respondent were parties to a written lease agreement and rules and regulations dated October 1, 2008, a copy of such lease is attached hereto as Exhibit "A". 6. Anew written lease and rules and regulations were forwarded to Respondent in January of 2010 and Respondent has refused to sign the written lease, rules and regulations. 7. The new written lease, rules and regulations require a monthly lot rent of $339.00, together with water and sewer bills determined on a monthly basis. 8. Respondent has not paid the amount set forth in the original judgment to the Prothonotary in violation of Pa. R.C.P.D.M. No. 1008(B). 9. Respondent has failed to pay ongoing monthly rent payments to the Prothonotary in violation of Pa. R.C.P.D.M. No. 1008 (c)(3) and (7). 10. Respondent's failure to comply with the Rules of Civil Procedure applicable to appeals of a District Magistrate decision warrant dismissal of the supersedeas to permit Petitioner to recover possession of the lot. 2 11. As a result of Respondent's failure to post the rent awarded by the District Magistrate and pay timely rent payments in accordance with the Rules of Court, Petitioner is entitled to a directive from the Prothonotary lifting the supersedeas. 12. Petitioner is simultaneously filing a praecipe to lift the supersedeas, a copy of which is attached hereto as Exhibit "B". 13. Respondent has not consented to this petition and no judge has been previously assigned to this case. WHEREFORE, Petitioner, Leiby's MHC, LLC, t/a and d/b/a Leiby's Mobile Home Park hereby requests that the Prothonotary lift the supersedeas, or in the alternative, direct the scheduling of a hearing before the Court to consider the relief sought in this Petition, including payment of all required rent, including sewer and water charges, due and owing during the term of the above-captioned matter. Respectfully submitted G%U~ August ~l , 2010 Andrew C. Sheely, Es ui Attorney for Plaintiff/Petitioner 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) 3 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~_~ DATE: August ~~ , 2010 ~::...- ~ Laurie Evans, Agent Base Renral Fec 3~ ~ o 0 LTIBY''S MOBII.E SOME PARK 7073 Cazlislc Pike Carlisle, PA 17015 Phone: {717) 597.1321 ltt~~aoi corner l:,ot Additional Occupants Total Rent Due -~~~ ° o It is Management's wish that I~eiby's Mobile Home Park shall always be one of the finest residential areas of Pennsylvania. }n ordtr to assure the health, safety and welfare of the community as a wholt, your complete cooperation, as a resident, is Herded to comply with the following regulations. $ratloa and Rent 1. LICA1'J<O~j - All proposed r+tsldrnts must complete is full an application for residency, induding a,~y and all required credit checks and character references. The application for residency must bt approved prior to moving into the Mobile Homt Park. All occupants must be rtgisterGCl. 2. ~A~ -The lot space rental fee shall be $ ~?~a~ ~, for up to two (2) occupants. Each additional occupant will bt assessed a monthly per capita charge of S7.tlG. Any individual remaining at your residence in extras of a period of thiaty (30) days shall be considered a resident. It shall be the responsibility of the resident to notify Management of such residents. Residents shall pay tht same per capita fee as set forth in the preceding paragraph. rH~ ,~c,~ r Ago ~,^"' c /~"r^~- t - ~aa.~r of esq. ee w~. 6s. Mro 9'/'~' ~ F.,,R, ~r,.,,,,ry d~rr~r +~~- '~~ 3 . ~~:ros~rr - A deposit in the amount of S ~'.,~ °O will lx payable upon , o - ~ - ~ ~' execution of this agreement. The secwity deposit will be refundable to resident upon 3~ ~, ,~ moving home frozrt the Mobile Home Park or when a new resident is approved by the Park office and pays their security deposit, less all debts including any damages to landlord's property, any unpaid rent and/or any unpaid penalty, unpaid water mine or other fee including removal fees. 4. ~M OF LF.A~ -This sha11 be a month to month lease. The tease shall renew itself automatically for an additional month unless either party gives the other 30 days written notice of termination. Tht monthly lot rental fee shall be payable in advance nn the #'ust day of each month. If die resident remains in possession for even one day of an OSiZ'd S90LL69~01 069006LLTL ~W02l.~ 91~bZ 0I0Z-80-NlII' additional month, then rent shall be due for that entire month. The monthly rental shall be established periodically by the landlord, with notices of any changes given to midents at least 30 days before they become effective. 5. }rA,1'S ~~GlE - Rent must be paid on or before the first day of the month. Rent is to be paid at tht Park office. 'I'hcr+e is a grace period until the end of business hours on the 101e day of the month, after which a late chargC of 520.00 wiEl be due and payable before the rental atxount can be credited. if rrnt and the $20.00 late charge is not paid by the 1 ~ day of the following month, there will be an additional 620.00 late charge for every succeeding month that the rmt remains unpaid. Postmarks on rental payments will not be considered as date paid. The day the rental payment arrives at the once during business hours is the day it is considered paid. The late charge applies in all cases and no excuses will be accepted. ff the rental payment check is paid on time but is returned by the bank for any reason after the 10~` of the month, the 1;20.00 late charge will then be due and payable and, in addition, the total, td include return check charges of 620.00, will have to be paid either in cash, certified cfieek or money order. The same check will not be redeposited, nnr will another personal chec>< be aocepteci for that amount. 6. R.ES'II3E~NTIAL U 1~ SAi.E--OF HAMS • Manufactured home spaces shall bt used for residential pwposes only. Residents may not sublet the premises or any portion or part thereof, nor assign the right to remain on the mobile homt !ot space. The resident may sell the manufactured home belonging to the resident, but if following the sale, the manufactured home is to rtmain in the c5dmmonity with a new owner, written approval must be obtained prior to sale. If a maanufactut~ed homt is sold to a buyer who is not approved by Management, the sale will be valid bat the new purchaser will not considered a resident and the manufactw'ed home will be rtquit~ed to be removed from the community immediately. You may, therefore, suflcr substantial damages if you attempt to sell without Management's approval. Qne reasonably sized "For Sale" sign is allowed. "Far Sale" signs can only go on the property being sold by the individual, not at the Community entrance or at the entrance of streets within the Comlonunity. No othex signs arc allowed. Management approval must be obtained before driving "Far Sale" sign post into the ground due to underground utilities. ~~~ 7. ~,~I~B.I~ -Residents assume all responsibilities of any kund associated with their personal properly or person(s) in connection with oavpancy. This includes all family members and guests. Any problems or breaches of Hiles perpetrated by family members or guests will be the sole responsibility of the resident. This includes paying for any damages pmven to be caused by ffiem. Rcpeat~ed problems with any member of the resident's family will be considered a breach of this rate and any other Hiles pertaining specifically to the problem. luaidents will be held responsible for all actions of their family mcrnbcrs and guests. OT~~'d S90LL69.01 069096LLZL ~WOb,~ 9i~bt 0i0Z-80-Nflf $. -Each ~+Iobile Home Park resident is responsible for grass cutting and leaf raking of his yard. Snow removal imm patios and sidewalks is also the Park residents' responsibility. Grass shall be mowed and trimmed every seven days during the growing season. Any grass over five inches high will be mowed by the Management and billed to the resident of that lot space at the rate of 520.00 per cutting. 9. CAI. ,~'$Oy - A CLEAN, NEAT, WELL MAINTAINED APP$ARANCE MUST BE MAINTAINED AT ALL TIMES. Use a storage building for the storage of bikes, tine, barbcque grills, toys and other items. One storage building, maximum siz! 10 feet by 12 feet, is permitted per mobile home space. The storage building must bt of wood conatn~ction and be kept to the rear of the lot. If you choose to build your own shed you must first receive approval from the Park Management. Swing sets are to be kept to the rear of the lot away fMom shrubbery. Wading pools must only be placed on patios. 10. S -Resident may not placx say about ground tanks on the premises without express written consent of the landlord. It shall be the nsident's sole responsibility to comply with all tzisting amd fatten statutes, rules, regulations, ordinances, and order related to the storage tanks (including pipes and equipment conntcced thereto) on the premises, and to keep and maintain the tanks in good condition and repair, such that they do not leak or present any haxm or threat of harm whatsoever to the premises, the public safety and wcl#ltrc, or the environment. Resident shall indemnify and hold harmless landlord Gom and against any need all expenses, liabilities, or «rsts of any kind. or nature, including attorney's fees, arising out of, caused by, or related in any way to resident`s installation, ow~oership, operation, mainoenance or closure of the storage tanks. in addition to any other remedies available, upon resident's failure to comply with this paragraph or obtain the landlord's approval to maintain the tanks on the premises, landlord may, but Is not obligated to (l) order the resident to remove or repair the teak and restbre the site, (2) without waiving its right to indern~aifiication or to pursue any remedies available, remove or repair the tanks and rt,~tore the property itself at the nsidmt's crcpcnse, and/or (3) tc-rminate this cenaACy. Landlord shall have die right to inspect the premises to ensur~c compliance with this paragraph. 11. PYtQPANE -Agway cumntiy services many homes in the Park. Residents may contract with Agway to provick propane utilizing tanks located beside the home. Residents also have the opuion of contracting with any other corrunercxal supplier of their choice to provide propanne servicx to their home. 12. PA'~QS -Patios arc not to be treed for storage. Only lawn furniture is permitted to be 1Gept on the patio. Nothing, including clothes lines, is permitted ro be attached to any awning post, tree, or shrub in the Mobile Home Park. I3. ALTERATIONS - No exterior alterations or additions to the home or mobile home lot space rosy be made by the resident without prier written approval of the Park Management. All skirting, awnings, porches and other additions shall be maintained OS~b'd S90LL69~01 069006LLZL ~WOZId 9Z ~bi 0Z0Z-~-Nf1I' iA good condition. All mobile homes in the Park must be ftrlly skirted in with manufactured vinyl or aluminum skirting. 14. WA'~$~tl'3AdE -Individual water nie:texs which are owned, installed and manufactured by 7.andlord shaIl rneasare the usage of rack home, Residents shall pay far the repair ar reMplaetment of water meters if they fail to protect them from freezing or if they c»use the meters to be damaged ar removed. A monthly bill for water usage will be seat to Residents. Meters will be read in the middle of each month, bills scant on the 2a'', with payment due on the 1'~. Payment should be included in a single check with lot rent. Billing will be generated by WaterMaster. It will be almost identical to bills directly issued &otn Pennsylvania American Water Company in that it will include a service charge along with per gallon usage, at the enrrtnt residential rates of that company. 15. ~,TF~_LA~IES - Residents are responsible to sex that heating tapes arc placed on wader lines. Please be certain that tape is installed correctly to reduce fire hazards. Residents are responsible for the water lines between the water riser and the mobile home input eonnectian_ 16. OUTSIDE ANTENNA - Na television ar radio antenna(s) are permitted. 17, t+ ,~',~ - No fervors are permitted in the Park. 18. ~I.Q~ -Television, radios, stereos and any other sources of noise are to be kept at a low volume after 1Q:00 p.m. No loud and unreasonable conduct will be permitted ut any time, day or night. 19. I7A~TC3EROU3 AC7"1'YTI7'ES - l3ow and arrow, BB guns, petle:t guns and air rifles, or any type of firearms, may riot be discharged in the camniunity/park. Fireworks considered by local authorities to be illegal will not be allowed m be set off in the community/park. 24. ~IIVIIIVAL ACTIVYTY -Any r+eside~it who is hereafter arrested for and/or convicted of or pleads guilty to a felony, public drunkenness, ar engages in the selling or use of drugs or iuunoral conduct within or outaidt the Park, shall be subject to eviction. 21. ~,,,,~j~i~$~,~Q~ No loitering in the laundry room is permitted. Any person under the age of sixteen must be accompanied by an adult when entering the laundry room and/ar using the washers and dryers. 22. ~~~:~ - No person will be permitted to roam or ride bicycles, skate boards or any form of vehicle propelled by foot or hand power is die Park after sunset. OI~S'd S90LL69~01 ~9006LLjL ~4J021d 9T ~bi 0th-80-t~plt 23. - Na dogs are permitted in the Park. No pets that acre housed, penned, staked or tied outside of the resident's home or permitted co mam free are petTnitted in t}ie Park. No pets are permitted in rental homes. Yf cats are found roaming free, they will be considered to be stray and dealt with accordingly. There is a penalty of $20.Q0 for violating this rule. This also applies to alt visitors and guests who bring their dogs along while visiting you. 24. SOI.iGC1TATYO~L -Residents are permitted to invite to their homes such vendors as tradesmen, delivery men or suppliers of various goods nand services and to purchase goods and services from n vendor at tlae resident's own choosing. Howevar, vendors will not be pernaatbed to solicit in the cotntnunity. Residents are requested m notify the community office immediately of vendors attcaupting to solicit on the community pt+emises. Vcndvrs will not be permitted to defiver goods or provide services in the manufactured home community before 7:00 a.m. nor after 10:00 p.m., except for an entergcncy. 25. ~~TATION_OF PAWS LXABIIdTY -The Park shall not be liable for any damage or injury which may be sustained by the resident or any other person as a consequence of the failure, breakage, leakage, or obstruction of the water, sewer, waste or soil pipe's, or the electticat, gas or oil syatcraa; or by reason of the elements, or resulting from the carelessness, negligence or imparopex conduct on the part of any other resident or the resident's or other resident's agents, guests, licensees, invitees, sublessees, assignees or succcssars, or atxnbutable to any interference with, interruption or failure, beyond the control of the owner, or any services to be fttraished or supplied by the owner. Residents arc urged to obtain the necessary insurance against these above contingencies. 26. F=BA -Fire of any kind, except barbeque grills, are prohibited. 27. ~,, ''' -Axles may mot be ramoved from any home in the Park. 28. TA~,XES,.$$1y~O'V'AL OF HOB -Residents amuse pay all real estate taxes ass~ased and levied against the >,aant~fa~ctured home. Residents must notify the community oi£iice as soon as possible when they are planning to move tivm the community. A minimum of thirty (30) days wriaen noticx is requited. The home may not be removed from the Pazk unless all rent, fees, charges or asaessmentx are paid. Management may prevent the removal of a matau£acNred home to enforce this rule. Residents art advised that prior to removing a home from the community, a removal permit must be obtained from Silver Spring tax collcctar. This removal permit must be shown w the Park Management before commencing removal of the wait. Any damages to the resident's lot, utilities or Park property will be charged to the resident. 29. MANAC==EINIENT'S RIB ARTRR POSSESSION - After the Management has obtained possession of the lot by legal process, the Management may cuter the home or vehicle and secure any applications, fi><rnishings, materials, supplies or other personal property therein, and the Management shall have the right to move the home m the storage area of the ~maammity or to such other location as the Management deems 0ii9'd S90LL69~01 069006LLIL :Id0~J~ 91: ~bT 01+0c-86-t~lf proper and necessary. The Management will have no responsibility or liability for safeguarding the home ar vehicle, its contents, and any appendages prior to or during the move or after the home has barn relocated and placid in storage. The Managerncn:t shall have no liability to the resident or any other person under these or amy other circumstances. The provisions here also apply to such an abandoned home which is owned by a resident who has fled a petition in bankruptcy or is adjudicated insolrreat, whether or Act the home is financed. In such went, the lease agroement with the Management shall automatically terminate on account of such violation, and the home is subject shall be removed forthwith from the community by the Management. The Management shall itmove the home to the storage area of the community or such other location deemed suitable for storage. In such event, the xesident in violation hereof shall be liable to the Management for all reasonable costs of removal of the home, which is dearn'bed is the Fec Schedule. All charges or costs incvtrcd hereunder shall be deemed an additional rent which shall be due, payable and collectable as such by the Management in any legal action, regardless of whether the lease ageement with the violating resident has been taininated. 30. $ -All garbage is to be placed in the container at the rear of the Park. No plastic bags or trash are to be set on the lawn or patio. 31. subs, PLANTS -Anything planted in the ground on the manufactured home lit, whether such planting is accomplished by the Management or by the residents, shall be considered the property of the Park owner. Res;idtnts moving from the community will not be permitted to remove frets, bushes, plants or other shrubbery from their lot. 32. RLtNTA~. UI~TS -All rental units are to be left in the same condition as upon entering. 33. Absolutely no kerosene heaters arc allowed in rental units. ~`i~and Vehlcl~ 34. LICI~SED D~ - Only Licensed drivers with valid licenses are permitted to operate motor veludes in the Park. 35. - No double parking is permitted on the streets. Residents shall not park in other residents' parking spaces or allow their guests to do so. Designated parking is provided for more than two vehides, izicluding guests. No vehicle parking on the grass is permitted fiyr any reason. 36. LXCENSI~S VEffit - A resident may keep only licensed and operative vehicles in the Paris which have a c-unseat, valid inspection sticker and license plate. 'The parking df immobilized or disabled vehicles in the Mobile Home Park is lxohibited. Oti~L'd S90LL69~01 069~06LLtL -W02l~ Lt~bt 0t0Z-80-Nnr 37. • Any ve~ick Hat bdoo~mg M a Parr resident that is left perioed in the Mabile Home Past tot a period of tl~ecee days vnU be t+o!rrad swag at the a~v~arei's capcase. 38. YBBi~jB~~d~ - T~ aF a vehicle on ,jsdc~ vt bloda, or the p ~ ~ ~ ~ toe walk soeh a: the drai~aunag of flaicb is P~- 39. $11~ - The speed liu~t in the Fuck is S MPH. 40. - Parking ~ any type off' commetc~l vehu~e is pi+a6i~od in woos by the Fact lirfiacss~eoxac. 41. -Petting and ~oregre of boats, boat nags. travel traikca, t+emt csn~ezs, p~dG-ap ems, sao~-tisobiie and ~- °~ roacat~n>il vesicles vr~ be pecmilted only ax a desa~eoed pscldng area. 9bo~ege space ~ limited, so if the dtsignsited padaittg is SUod a~~e ssoragc s roquired. Parloutg any of tht abort its aaywbes~e else in the Peck other than in the at+ea deigoaeed wgl be a rioletfon of Past roles and =easoet ~r svitxion. ,~, - No motoa7~d are perrnitOed im the Fart. Operation atnon.ocmniemios`al vebltia~ ~ es ~ dt~ bnggiea, so~awrnobiks, 3 and 4 wheekri, and goo-lc~rb the aormm~ity ie pi+ohbit~ed- T'hcs+e is a penatty of ~ZQ.OQ sox v'ohrfing the rule. 'I~p abo applies to ail vi~oots and guests vrho bnoag them ~ aicmg while visitit~ ~rou. I, haws r~ud and fi~U3- understand my obtig~ians as a resident in L,eiby': Mobde Home Psudc, and addio^~vledge raosying a aolry of the trot;tsc requwted by Sacdon 4 of the M,obge Home Parks Rights At,;t No. 261. commnour Mamp~ Hate t 0I~8'd S90LL69~01 069006LLTL ;WOZI.~ LT~bT 0t0z-80-Nflt Andrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARR, Plaintiff/Petitioner vs. TONY LEE ROBINSON, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10 - 3578 CIVIL ACTION - LAW PRAECIPE TO TERMINATE SUPSRSEDEAS TO: David D. Buell, Prothonotary Cumberland County Courthouse Carlisle, PA 17013 Kindly terminate the supersedeas in the above-captioned matter for failure of Defendant/Appellant to pay monthly rent payments as required by Pa. R.C.P. D.M. No. 1008 (B), (c)(3) and (c)(7) and for the reasons set forth in the attached petition. August , 2010 By: Andrew C. Sheely, Esquire Pa. ID No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Plaintiff/Petitioner Leiby's MHC, LLC CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Petition and Praecipe to lift Supersedeas upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Tony Lee Robinson 31 Key Largo Drive Carlisle, PA 17015 Au ust 1 2010 (N" g Andrew C. Sheely, quire Andrew C. Sheely, Bsquire Attorney for Plaintiff/Petitioner 127 S. Market Street P.O. Sox 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARR, Plaintiff/Petitioner vs. TONY LEE ROBINSON, Defendant/Respondent ,. ::~ .-. , ~ T_r ~ ,, , ~ ry ~ _~ ~1 i, L cJ F.`ViJ `` ~~~ ~ I i a_ ,~~ !~ ~~ 2.22 ~R :. ~ -.C.,. _i 1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10 - 3578 CIVIL ACTION - LAW PRAECIPE TO TERMINATE SUPERSEDEAS TO: David D. Buell, Prothonotary Cumberland County Courthouse Carlisle, PA 17013 Kindly terminate the supersedeas in the above-captioned matter for failure of Defendant/Appellant to pay monthly rent payments as required by Pa. R.C.P. D.M. No. 1008 (B), (c)(3) and (c)(7) and for the reasons set forth in the attached petition. August /7 2010 By: Andrew C. Sheely, Esquire Pa. ID No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Plaintiff/Petitioner Leiby's MHC, LLC AUG 19 2010 LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff/Petitioner Vs. TONY LEE ROBINSON, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 10 - 3578 CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 2,? ?day of A)L42010, upon consideration of the attached Petition and Praecipe to terminate the Supersedeas, a hearing is hereby scheduled for 4j?t4tke,t, 13 , 2010, at // : 06 km in Courtroom No. s of the Cumberland County Courthouse to consider the relief sought herein by Petitioner. Andrew C. Sheely, Esquire Attorney for Petitioner Tony Lee Robinson, Pro Se ?,ES m--a t l?L g to BY THE COURT, .J . 0 ?s W cD ?J LEI:BY'S MHC, LLC, IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A/ CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK,: Plaintiff/Petitioner . V. CIVIL ACTION - LAW TONY LEE ROBINSON, Defendant/Respondent NO. 10-3578 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of September, 2010, upon the agreement of the parties, the following order is entered: 1. The defendant, Tony Lee Robinson, shall transfer title of his manufactured home located at 31 Key Largo Drive, Carlisle, Pennsylvania, to the plaintiff within a period. of 20 days. 2. The defendant, Tony Lee Robinson, shall be permitted to remain in the manufactured home for a period of 20 days to make certain repairs to the home, including painting of the interior of the home, which shall be completed within said 20 day period. 3. Upon receipt of the title and the defendar..t's completion of the repairs to the home, plaintiff shall :pay defendant a total amount of $6,000.00. 4. Upon payment of said sum of $6,000.00 and completion of the repairs to the home, both parties shall execute a joint praecipe to settle and discontinue this case. 5. The present petition to terminate supersedeas is hereby stayed pending completion of paragraphs 1 through 4 as stated above. By the Court, r ?7 r Albert H. Masl nd, J. / / ./ Andrew C. Sheely, Esquire Fcr Petitioner .---f'c' y Lee Robinson, pro se Defendant Sheriff - y (5c.e.cC l p r. s 9I/110 t r L( "?i?.1 CJ 7 " J 1 T'" , Y• ?? y?7 David Buell prothonotary Office of the ProtfOnotary Cum6er[ancf County, (Pennsylvania • xirkS. Solionage, TSQ Solicitor /4 —2598 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28T" DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 0 Car[sCe, ® phone 717 240-6195 0 rfax 717 240-6573