HomeMy WebLinkAbout04-3286COMMONWEALTH Of PENNSYLVANIA
COUR't Of COMMON PLEAS
NOTICE OF APPEAL
FKO~
DISTRICT JUSTICE JUDGMENT
Cumberland County Branch
NOTICE Of APPEAL
Notice is g/yen 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 mentioned below.
Shippensburg Mobile Estates 09-3-01
500 SME Shippensburg, PA 17257
~ ~ ~ c~,.~ c~ ~,) tats
6/28/04 Shippensburg Mobile Es s ~Ff~ SF
CV19 ~~
LTl9 ]~-0~
This bbck will ~ ~ ONLY ~n this ~fi~ is required u~ P~ R~PJ~ ~ If ~ll~ Wa ~LAIMANT (s~ ~. R.C.P.J.P. NO.
1~8& 1001 (6[) ~ti~ ~f~e District J~tice, he ~ST
This ~tlce of A~aI, ~n mccad by t~ District Just~e. will ~ as
~PERSEDEAS ~ t~ j~t ~ possessi~ in this cas~ FILE A COMPLAINT within t~nty (20) da~ after
filing his NOTICE of APPEAL.
S~na~m of ~ot~o~y ~ D~ty
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.J.R 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
(Co~mon Pleas Nc~
, appedlee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of non
RULE: To , appellee(s).
Name of appel,~ys)
(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 persona~ se~.vice or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule/f service was by moil is the date of mailing.
Date: , 19 .
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL ANO RULE TO FfLE COMPLAINT
T~/~ O0 ot.ser~,c{¢ ¢~4 f8 ;CE ~ ~:/~ WTH/tv ~[;N ~{~) 04'~ A~ '~c ~ i';,p c':*~/eboxe
COmmONWEALTH O~ ~ENNSYLVAN~A
19 F~ by persOna~ service f by (cer[ified~ freg~stemd) ma i, set;der s eeceipt ettached hereto
['i~ ar~df[tthetthatiservedfheRue;toF e C; ~";,ar ~(oz ; E~,ry g reabove <o ce:, Appea ponee~ppe ee(s)to
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF:
09-3-01
KARO]~ g. B~ND~
~,: (717) 532'7676 17257-0361
NOTICE OF JUDGMENT/TRANE (
RESIDENTIAL LEASE
PLAINTIFF: WE ,~,~d ADDRESS
i'-SHZPLu'BM'BBORG MOBZT.,~ EfI?A'I~S
500 8]~
8HZPP~gBU~Q, PA 17257
VS.
BHIppm=BBU]tG, PA 17257
[_
Date Fried: 6/03/04
THIS IS TO NOTIFY YOU THAT:
I~"'Judgmer~iwas entered for: (Name) B'~, ~TOIt~ 8 ·
Judgment was entered against 8HZPI~I~:IRG ~OBZLB ~B'I'A'I~8 in a
I'Z--~ Landlord/'t'enant action in the amount of $ o 00 on 6/28/04 (Date of Judgment)
The amount of rent per month, as established by the District Justice, is $
T_~he total amount of the Security Deposit is $ .00
Adjudicated ~r
Total Amount Established by DJ ..l~ess * Security Deposit Ap~[[KI
Rent in Arrears $ . uv -- $ .uu - $
~)hysical Damages Leasehold Property $ .00 ~ .00 =
amages/Unjust Detention $ . afl ~--$ . OO
Less Ami Due Defendant from Cross, Complaint · -- $"
Interest (if provided by lease) ~ ~
L/T Judgment Amo,un, t.,,
Judgment Costs ,, '
Attorney Fees
Total Judgment $
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
~ Attachment Prohibited/
42 Pa.C.S. § 8127
~This case dismissed without prejudice.
] Possession granted.
Possession granted if money judgment iS not satisfies by time Ol 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 POSSES..~Id
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF CC, U
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WiLL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY
ORDER TO OBTAIN A SUPERSECEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL le FILED.
IF A PARTy WISHES TO APPEAL ONLY THE MONBV PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK
COURTS OF THE COURT OF COMMON PLEAe, CIVIL DIVISION,
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUOGMENT/TRAN.~iCRIPT,FORM WITH THE NOTICE
EXCEPT AS OTHERWISE PROVIDED iN THE RULES[ OF CIVIL PROCEDURE FOR DIBTRICT JUeTICE,~ IF TblE JUD~',¥ENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAe, ALI. FURTHER PROCESS MU~T COM? FR~3~I. THE COURT
OF COMMON PLEAS AND NO FURTHER PROCE~ MAY BE ISSUED BY THE DISTRICT JU,STICE ;'
UNLES~ THE JUDGMENT I~ ENTERED IN THE COURT OF COMMON PLEAS~ ANYONE INTER~TED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF eATlaFACTION WITH THE OISTRICT JUeTICE IF THE JUOGM~NT DEB~ I~A~I~ IHFULL, .qEl'1'LEa,
OR OTHERWISF COMPLIE~ WITH THE JUDGMENT.
certify that this is a true and correct copy pt the record of the proceedings containing the judgment.
Date , District Justice
~y~c..0_m~isslon expires first Monday of January, 2006. SEAL
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(Thi~ proof e/ ~erwee MUST BE FILED WITHIN TEN (lO) DAYS AFTER firing the notice of appeal Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF --..E~J,~JJ~__ - ; ~
AFFIDAVIT: hereby swear or affirm that I served
[~ a copy of the Notice of Appeal, Common Pleas No, 0z~-3 2. _8 6 upon the District Justice designated therein on
(dare ofserwce) _. Juicy ~ ~.._~004 , [] by personat service ~ by (certified))iz:~gf.¢[~) mail, sender's
receipt a~t~ched hereto, and upon the appellee, (name) __ ,J'O_bJl3._.S~._j~d~tr¢,,12 __ , on
Jug. j,; _,!,~..z ;~00¢1) ..... ~ by personat servic~ by (certified) k~)g~,~)l~'~) mail, sender's receipt attached hereto.
~.~ and further that I served the Rule to File a Complaint accompany n9 the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on ~..._ , 19 .... [] by personal service [-~ by (codified) (registered)
mai, se~,dcsr's reoe pt aitaohed hereto
SWO¢~N (AFF RMED) AND SUBSCRIBED BEFORE ME
TH~S 1 2th DAY OF
I!?__
Signature of affiant
ru
Total Postage & Fees
NOTICE OF APPEA~.
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
9th JUDICIAL DISTRICT
Cumberland County Branch
DISTRICT JUSTICE .JUDGMENT
cM oN P,.EA 0%
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal f~om the judgment rendered by the District Justice o~ the
date and in the case mentioned below.
Shippensburg Mobile
500 SME
6/28/04
CV 19
LTl9
Estates
Shlppensburg Mobile Estates ,
Attorne
144-04
This block will be signed ONLY when this notation is required under Pa. R.CP3.P, Nb
1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment fo~ possession in this case
Signature of Prothonota[y or Deputy
Shippen$~ u~ ~ r !~ .... :~ '
1001 (6) iff acti~ ~f~e D~trict dmtice, ~ ~ST
FILE A COMPLAINT within twenty (20) da~ after
filing his NOTICE of A~AL. ,
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.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach trom copy of notice of appeal to be sealed upon appellec).
PRAECIPE: To Prothoflotory
Enter rule upon , appellee(s), to file a complaint in this appeal
(Common Pleas No ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
,~gnature ~ ~ ~ h,~ at/orney o,' agent
RULE: To , a~d~s).
(1) Y~ am ~fi~ t~t a rule is ~ ~ u~ y~ ~ fi~ a c~int in this a~al wi~n t~ty (20) d~s a~ t~ da~ of
~v~e of ~is m~ u~ ~ ~ ~1 smv~e ~ ~ c~i~ ~ ~s~ ~iL
(2) ff ~ ~ ~t fi~ a c~int w~hin this ti~, a JU~ OF ~N P~S WILL K ENTERED AGAINST YOU.
(3) ~ ~ of ~r~e of this rule if smvice ~s ~ ~Jl is ~ d~ of ~ili~
Date: , 19 .
~01~; 312-84 CC~ R'T FILE
Kornfi¢ld & Bcnchoff, LLP
At~rncy for plaintiff
17 No~h Church Street
Waynesboro, PA 1726g
(717) 762-8222
(717) 762-6544 FAX
SHIPPENSBURG MOBILE ESTATES,
INC.,
Plaintiff
V. :
JOHN S. BECKER, :
Defendant :
IN THE COURT OF COMMON PLEAS
OF THE 9TM JUDICIAL DISTRICT, PA
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
NO. 2004-.3286
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days ~ffter this complaint and notice are
served by entering a written appearance personally or by an 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 claims or
relief requested by the Plaintiff. You may lose money or properly 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 ABOU'r AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
PA Bar Association Lawyer Referral Service
P.O. Box 186, 100 South Street
Harrisburg, PA 17108
Telephone Number: 800-692-7375
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Franklin County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the Court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the Court. You must attend the scheduled conference or hearing.
Komfleld & Benchoff, LLP
Attorney for Plaintiff
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
(717) 762-6544 FAX
SHIPPENSBURG MOBILE ESTATES,
INC.,
Plaintiff
V.
JOHN S. BECKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9TM JUDICIAL DISTRICT, PA
CUMBE1LLAND COUNTY BRANCH
CIVIL ACTION - LAW
NO. 2004-.3286
COMPLAINT
NOW COMES, Plaintiff, Shippensburg Mobile Estates,, Inc., by and through its attorney,
Donald L. Komfield, Esquire, Komfield & Benchoff, LLP, and sets forth the following in support
of its complaint:
Plaintiff is Shippensburg Mobile Estates, Inc., t/d/b/iff Shippensburg Mobile Estates,
(hereinafter referred to as "Landlord") a Pennsylvania business corporation with an address
of RD 5, 500 SME, Shippensburg, Cumberland County, Pennsylvania, 17257.
Defendant is John S. Becker, a suijuris adult, (hereinafter referred to as "Tenant") living and
residing at 25 SME, Shippensburg, Cumberland County, Peunsylvania, 17257.
Landlord owns and operates Shippensburg Mobile Estates, situate in Shippensburg,
Cumberland County, Pennsylvania.
Landlord and Tenant, along with the late Beverly J. Becket., entered into a Lease Agreement
on September 17, 2002, a copy of which is attached hereto as "Exhibit 1," and incorporated
herein by reference, whereby Tenant rented from Landlord a mobile home space for storage
of a gray and 14 x 70 foot 1994 Skyline mobile home (the mobile home) located at Home
Space #25, Shippensburg Mobile Estates, Shippensburg, C~nnberland County, Pennsylvania
(the subject property).
Paragraph 14 of said Agreement between Landlord and Tenant, regarding Obligations of the
Resident, explains that "Resident hereby agrees that they will abide by the Policies and
Guidelines as attached hereto, as well as any additional or amended Policies and Guidelines
provided written notice is provided [sic]. Violations of these Policies and Guidelines shall
constitute a breach of this Lease and be grounds for eviction." A copy of said Policies and
Guidelines are attached hereto as "Exhibit 2," and incorporated herein by reference.
Tenant was provided written notice of said Policies and Guidelines. Tenant acknowledged
receipt of said Policies and Guidelines in paragraph 16 of the Lease Agreement.
Paragraph A.2. of said Policies and Guidelines explains that "All homes to be placed in the
community must be approved by Landlord and in compliance with the Home Entrance
Requirements of the community." A copy of said Entrance Requirements are attached hereto
as "Exhibit 3," and incorporated herein by reference.
Tenant was provided written notice of said Entrance Requirements. Tenant acknowledged
receipt of said Entrance Requirements.
Paragraph A.4. of said Policies and Guidelines explains that "The home shall not be occupied
bY anY pers°n °ther than those named in the Lease except for visitors No home or premises
shall be subleased or put in the possession of another party. Only owner occupied homes are
permitted."
10. The Installation section, paragraph 3, of said Entrance Requirements explains that "The
home must be sided with lapped vinyl siding and have a sloped roof with asphalt shingles."
11. The Installation section, paragraph 4, of said Entrance Requirements explains that
"Decorative shutters must be on all windows on ail sides: of the home."
12. On or about October 25, 2002, written notice confirming: said Entrance Requirements was
provided to Tenant from Landlord that the Installation section, paragraphs 3 and 4,
respectively, required all Tenants to install vinyl siding and shutters on all sides of their
mobile home. A deadline of May 30, 2003 was established to comply with said Entrance
Requirements. A copy of said correspondence is attached hereto as "Exhibit 4," and
incorporated herein by reference.
13.
14.
On October 23, 2003, written notice was provided to Tenant from Landlord that vinyl siding
must be installed on the mobile home by May 30, 2004 and that the mobile home must be
titled to Tenant by November 30, 2003. The deadline referenced in paragraph 12 was
extended in the October 23, 2003 correspondence due to the death of Beverly J. Becker prior
to May 30, 2003. A copy of said correspondence is attached hereto as "Exhibit 5," and
incorporated herein by reference.
On April 19, 2004, a written notice to quit was sent to Tenant from Landlord, by first class
and certified mail, despite that Tenant waived the right to receive a notice to quit in
paragraph 13 of the Lease Agreement, notifying Tenant, among other things, that Tenant was
in violation of the Policies and Guidelines of Landlord in that Tenant had not installed vinyl
siding on the mobile home, Tenant had not provided Landlord with requested Tenant
information, and Tenant did not have title to the mobile home and, therefore, was in violation
of the September 17, 2002 Lease Agreement. Landlord gave Tenant forty-one (41) days or
until May 30, 2004 to cure the violations or be subject to eviction proceedings. A copy of
said correspondence is attached hereto as "Exhibit 6," and incorporated here~n by reference.
15.
16.
Said violations have not been cured by Tenant to date. The other alleged violations noted
in the April 19, 2004 correspondence have been cured or corrected.
Landlord believes and therefore avers that Tenant is in breach of the Lease Agreement.
COUNTI
RECOVERY OF POSSESSION OF REAL PROPERTY AND EJECTMENT
17.
Shippensburg Mobile Estates, Inc. v. John S. Becker
Paragraphs 1 through 16 are incorporated herein by reference.
18.
Landlord is record owner of Shippensburg Mobile Estates. A copy of the Deed vesting title
to the Landlord and describing the property is attaclhed hereto as "Exhibit 7," and
incorporated herein by reference.
19. Landlord respectfully requests that this Honorable Court find that Tenant is in violation or
breach of the said Lease Agreement, enter judgment in favor of Landlord and against Tenant
for possession of the subject (real) property and eject the Tenant from the subject property.
WHEREFORE, Landlord respectfully requests that this Honorable Court find that Tenant
is in violation or breach of the said Lease Agreement, enter judgment in favor of Landlord and
against Tenant for possession of the subject (real) property and eject the Tenant from the subject
property.
Respectfully submitted,
KORNFIELD & BENCHOFF, LLP
By Andre~'J. Cencho ff,/~ire
Atty. I..~o. 89159'~ [/
~007/007
I verify that thc statemcats made in this complaint arc ~ ~d correct. I understand that false
s~tements h~in a~ made subject to the penalties of 18 Pa C. $. A. Section 4904, relating Io upsworn
ffalsiflcatinn to autho~Ues.
- Thomas H. Bow~ ~ P~~nt
SH PPENSBURG MOBILE ESTATES
500 SME, SHIPPENSBLrRG PA 17257
General Manager:
Shippensburg Mobile Estates, Inc.
400 SME
Shippensburg, PA 17257
On-site management office:
500 SME
Shippensburg, PA 17257
717-532-5917
.SHIPPENSBURG MOBILE ESTATES was designed and planned for your enjoyment. It
is the sincere desire of the Landlord t6 make this a beautiful, comfortable, healthy and
enjoyable place for you, your family and your neighbors. To achieve a basic
understanding between Resident and Landlord, the rasponsibilities of each are set forth
clearly and mutually agreed to below. This Agreement establishes certain conditions
which are necessary for good community relations and are based upon impartial
application and compliance in order to insure both Resident and Landlord against any
situation which would deny these rights.
rule or gmdelme shall be established which cannot stand the test of fairness, reason and
!ogle. This warranty is based equally upon your cooperation and the guarantee of your
fundamental fights.
LEASE AGREEME/~F
This Lease Agreement, hereinafter "Lease," dated at/t/'7/ Oa,~ ......
tt I,mo/oay/yr 0
and between SITrPPENSBURG MOBILE ESTa'r~c~ ,-~,-, ~ · ~ ' ,,, ')' y
AND -.----,,, any., neremaner Landlord"
hereinafter "Resident". ' .
In consideration of the mutual covenants herein expressed, and in compliance with ACT
261 of The General Assembly of the State of Pennsylwmia, governing the relationship
between Resident and Landlord, the parties hereto agree as follows:
1. PARTIES BOUND
This Lease will be binding upon the parties hereto and their heirs and executors.
2. PROPERTY
Landlord hereby rents unto Resident and Resident rents from Landlord, Manufactured
Home Space # ~ ~" in Shippensburg Mobile Estates.
3. MANUFACTURED HOME DESCRIPTION
Resident agrees to place a~d/or maintain the manufa¢,Xured home of the following
description on the space agreed to above:
-- Yea~7._~(Size I~/)~V,..Color 0-,-/47
4. TERM
This :Lease shall be For a period of ONE (1) MONTH beginning on the first day
' ' g , such prior occupancy shall be prorated. n
5. RENTAL AMOUNT
The monthly rental to be ~ b~v__. Resident unto Landlord is as follows: Monthly rent for
home site is $ r~t~),~'~,~, as additional rent any water/sewer charges that are
separately metered an8 billed to resident and/or other ch~wges and fees associated with
residency.
SHIPPENSBURG LEASE PAGE I of 3
6. PAYMENT PROCEDURE
Payments are to be made at the Shippensburg Mobile Estates office or other location as
directed by Landlord from time to time.
7. RENTAL DUE
Home site rental is payable in advance.
month. Water charges are due upon billing.
Payments are due before the first day of the
8. LATE CHARGE
If Resident fails to pay Landlord the monthly rental on time, the Landlord may collect as
additional rent a penalty fee for late payment if the rent is more than seven days overdue.
A penalty fee will be charged in the amount of fifteen ('$15.00) after the seventh of the
month.
9. RENEWAL OF LEASE
At the end of the initial term and all subsequent terms this Lease shall be automatically
renewed for an additional term of one month subject to any modifying provisions by
Landlord unless either party shall notify the other in writing a minimum of one month
prior to the expiration of the rental agreement that the pa~,y does not intend to renew. All
Leases are to terminate at the end of the standard rental period [last day of month].
i.e. one month notice received Oct. 4, begins November I and ends November 30.
I0. HOLDOVER REMEDIES
Whenever the term of the Lease expires, if the Resident continues in possession of the
premises after the date of termination of the Lease without the Landlord's written consent,
the Landlord may recover from the Resident an amount equal to double the periodic rent
under the previous agreement, computed and prorated on a daily has/s, for each day the
Resident remains in possession and th~ Landlord, in addition, may bring an action for
possession and damages caused by the holdover.
11. FIRST MONTH'S RENT
Resident agrees to pay Landlord in advance the first month's rent as stated herein.
12. TRANSFER OF LEASE
Subject to Landlord's right to accept or reject the proposed new Resident on the same
basis by which he accepts or rejects any new Resident, this Lease will be transferable from
Resident to any person to whom he may transfer tire to his manufactured home at any
time during the term of the Lease after application to and acceptance by Landlord. The
new Resident will assume all of the duties and obligations of the original Resident, and
those of the Landlord to the Resident will remain as to the original Resident for the
remainder of the term of the Lease. Failure on the part of the original Resident to notify
the Landlord for review fourteen (14) days prior to the transfer of the title to a new
Resident, may be grounds for termination of the Lease and. removal of the home.
13. TERMINATION OF LEASE
This Lease may be terminated prior to the stated expiration date in the'Lease as follows:
Landlord may, any time after rent is overdue, demand payment thereof and notify the
Resident in writing that uniess payment is made within a time specified in the notice the
Lease will be terminated. If the Resident remains in default, the Landlord may thereafter
terminate the Lease and bring any proper legal action or suit for recovery of rent due and
a summary proceeding for eviction may be commenced.
If Resident breaches any policy or agreement of the Lease, the Landlord shall notify the
Resident of the breach. Such notice will substantially specify the rule allegedly breached
and advise Resident that if the violation continues the Landlord may terminate the Lease
and bring summary proceedings for possession of the premises.
In accordance with the Landlord and Tenant Act, ArticleV, Section 501e, Landlord and
Resident agree that Resident waives the'requirement of Notice to Quit.
SI-IIPPENSBURG LEASE PAGE 2 of 3
14. OBL/GATION OF TltE RESIDENT
Resident hereby agrees that they will abide by the Policies and Guidelines as attached
hereto, as well as any additional or mended Policies and Guidelines provided written
notice is provided Violations of these Policies and Guidelines shall constitute a breach of
this Lease and be grounds for eviction.
15. FEE SCHEDULE
1. Lawn mowing/trimming fee $35.00
2. Application/credit check fee $35.00
3. Entrance fee None
4. Returned cheek fee $20,00
5. Late rent fee
$15.00 at~er the 7ta of the month
6. Set-up of the home and connection to water, sewer and electric is by service/set-up
personnel selected by Resident at Residenfs expense. Resident must ensure that
competent, qualified personnel follow applicable health, safety and building codes and
procedures.
7. Electric service is provided by municipal utilities with no fee to Landlord.
8. Water fees as metered are to be paid by Resident.
16. RESIDENT I:i'EREBY ACKNOWLEDGES:
A. Receipt of a copy of the notice required by ACT 261 of The General Assembly of the
State of Pennsylvania. ACT 261 is available at the office.
B. Receipt ora copy of the Policies and Guidelines.
C. That Resident has provided the information required in the Resident Data Form and is
responsible for updating this data as changes occur.
D. That Resident is aware that the term of payment is monthly prior to the first.
E. Receipt ora copy of this Lease.
Manager to list required approvals (pets, construction, c~mges, etc.,,) here:
Future approvals must be added to both copies (Resident's and office,) of the Lease.
DATE
DATE
[ J
DATE
DATE
RESIDENT
LENDER
ADDRESS
LENDER PH.
CONTACT PERSON
SIGNED with our hands and seals
MANAGER (SIGNATURE REQUIRED)
SHIPPENSBURG LEASE PAGE 3 of 3
SI-~PENSBI~G MOBILE ESTATES
pOLICIES AND GUIDELINES
FOR COMMUNITY LIVENG.
To promote a healthy and enjoyable living environment an{! to protect your investment in your home,
certain policies and guidelines have been adopted to enhance the desirability of residing in Shippensburg Mobile
Estates. They are to encourage a friendly, clean and well-maintained community of which all can be proud
Many of the guidelines established by the management are common sense items and deal with the
courteous behavior to your neighbors. So, in most cases, they are second nature and require no extra effort to
follow. Our objective is to maintain a highly regarded residential cormnunity with pleasant surroundings in which
you can live with pride, dignity and comfort.
A. RESIDENCY
1. Prior to entry to the community, all applications and forms must be completed with all information
requested so that character and credit checks can be conducted to determine community and
financial responsibility. Negative reports regarding character' and credit or failure to complete forms
completely and accurately may be reason for disapproval.
2. All homes to be placed in the community must be approved by Landlord and in compliance with the
Home Entrance Requirements &the community. See Manager for copy of Entrance Requirements.
3. Manufactured homes shall be occupied by no more individuals than is suitable and satisfactory for
the manufactured home of its particular size and design. Landlord reserves the right to limit rentals
to the occupancy &two adults and their children per unit.
4. The home shall not be occupied by any person other than those named in the Lease except for
visitors. No home or premises shall be subleased or put in the possession of another party. Only
owner occupied homes are permitted.
5. Visitors that are guests of Resident in excess of fourteen (14) consecutive days or in excess of
twenty-one (21) days per year are required to apply for Resident status in accordance with
community procedures. Resident status may be granted if the prospective Resident meets all
requirements.
6. Landlord representatives shall have access to the home site (lot) and utilities for maintenance or
inspection at all times. This does not include the inside &the lhome.
7. Resident will provide and maintain a fire extinguisher in accordance with safety regulations. Smoke
detectors and a fire escape plan are encouraged for your safety.
8. Landlord will not be responsible for damage, injury or loss by accident, theft, fire, mischief or acts of
God to either the property or person of Resident or guests and Resident is hereby notified that
Resident will assume all risk in such matters and should insure themselves and their property
accordingly.
PENSBURG MOBILE ESTATES POf~ICIES AND GUIDELINES PAGE 1 OF 6.
Rev. 05/04
SHIPPENSBURG MOBILE ESTATES
9. Resident must continue to provide Landlord with the current home mailing address, phone number,
employment information, and other resident data as requested fi.om time to time.
10. After providing lease termination/move-out notice, Resident must notifiy Landlord in writing three
(3) days in advance of his or her intention to remove the home. Resident will pay all outstanding
charges due to Landlord, obtain Landlord's release in ~Titing and obtain required permits for
movement of home, prior to attaching a tow vehicle.
11. Residents may sell their homes without restriction as to purchaser. But if the purchaser desires to
keep the home in the community, purchaser must comply with the entrance procedures and meet the
requirements of residency. Landlord will do its utmost to assist in a timely acceptance of the new
Resident. Residents are required to provide fourteen (14) days notice prior to transfer of title.
12. To be considered for action, all complaints, with the exception of emergencies, must be submitted in
writing and signed by the Resident. Forms are available at the office.
13. Landlord reserves the right to, from time to time, amend or adopt additional policies, procedures or
guidelines.
14. Payments are to be made by check or money order.
B. HOME
1. Homes must be maintained to blend with other homes in the community and be in keeping with the
general appearance of the community.
2. All homes shall be maintained in good condition and repair and the exterior will be kept clean, neat,
and properly painted at ail times. Landlord reserves the right to require reasonable repair,
maintenance, and improvement of any home.
3. All exterior home site improvements, temporary or permanent additions, patios, or patio coverings,
porches, concrete or masonry work, skirting, utility changes, or any change in the exterior color of
home or buildings must be approved in writing by Landlord prior to installation. Residents are
advised that they must obtain all permits at their expense, conform to the applicable building code,
and be approved by the appropriate authority.
4. Any addition shall be of a design in harmony with the home, be constructed in a craftsman-like
manner and be painted to blend with the home.
5. The base of each home shall be fully enclosed by vinyl, interlocking skirting which shall be kept
clean and free of all gaps, dents and holes.
6. Exterior plastic over windows, doors, screens etc. is prohibited
SH1PPENSBURG MOBILE ESTATES POLICI]~S AND GUIDELINES PAGE 2 OF 6.
Rev. 05/04
o
SHIPPENSBURG MOBILE ESTATES
Window unit air conditioners are not permitted in the front (street side) windows of homes. All
window air conditioners must be self-supporting or bracketed to the side of the home; supports to
the ground are not permitted.
The hitch for each home must be concealed or removed.
TV and any other antenna shall not be higher than 12 feet above the roof of the manufactured home.
Satellite dishes exceeding 39 inches in diameter are not ]permitted. Electronic or other devices
which interfere with other Residents will not be permitted.
10. It is the intent of the water meter installed on the service line coming from the ground to meter
ALL water usage. There shall be no connection of any device (tee, valve, spigot, line, etc.) on the
service line whatsoever between the connection at the ground and the meter.
C. PETS
1. No pets are allowed in the community except by written permission of Landlord. A maximum
of two (2) pets per household is permitted; this may include only one (1) dog. Landlord
reserves the right to accept or reject any pet. Breeds of dog that are not permitted shall include
but are not limited to Bull Mastiff, Doberman Pincer, German Shepherd, Great Dane, Husky, Pit
l~l[al~arn, Rottweiler, Saint Bernard, Chow, Akitas, Presa Canarios, Wolf Hybrids, Alaskan
utes, or any mixed breed involving the aforementioned breeds. "Help Animals" will be
permitted with verification and proof of the animal's status.
2. Prior to bringing a pet into the community, Resident must obtain approval for and register pet
with Landlord. A photo of the dog must be included with the registration form. Any animal or
pet not registered will not be allowed to remain in the conumunlty.
3. Pets must be kept on a leash held by a responsible individual when outside the home and must
never be allowed to run at large. Under no circumstances may a pet be tied outside.
4. Pets must be curbed on Resident's yard. It is the responsibility of Resident to remove any animal
waste.
5. Noisy and unruly pets or those that cause complaints will not be allowed to remain in the
community.
6. Outside pet houses are not permitted.
7. Feeding animals or leaving food or drink outside the home is strictly prohibited.
SHIPPENSBURG MOBILE ESTATES POLICIES AND GLq[DELINES PAGE 3 OF 6.
Rev. 05/04
SHIPPENSBURG MOBILE ESTATES
D. YARD AND HOMESITE
1. Yard care, including weeding at the curb line, is the responsibility of Resident. Lawns must be
neatly cut, beds must be weeded, leaves must be raked, end bushes trimmed at all times. Grass and
weeds must be trimmed to a low and neat level along the base of the skirting and under steps and
porches. Cutting debris must be removed from the streel. Landlord reserves the right to mow
and/or trim any lawn that is neglected and charge Resident accordingly.
2. The planting of trees, shrubs and flowers is permitted and[ encouraged for improved appearance.
However, to reduce the possible damage to underground utilities, please consult with management
before digging. All trees, shrubs and flowers become a permanent part of the home site.
3. Landlord reserves the right to restrict the size, content, and location of gardens. All gardens shall be
small and well-maintained. The planting of corn or sunflowers is prohibited.
4. No wading pools, swings or other play equipment shall be allowed on premises without the written
permission of the Landlord. For safety, approved wading pools must be monitored at all times and
emptied and taken in when not in use. Only wading pools less than 6 inches in depth and 6 feet in
diameter will be considered for approval.
5. A very limited number of lawn ornaments and exterior decorations shall be permitted at the
discretion of Landlord. Landlord may limit the size, number ~md type.
6. Resident may not place or maintain any signs on or within the rented property, other than Resident's
name, address, and seasonal decorations (which must be removed after the applicable holiday or
season). In addition, Resident may place one (1) professional-looking "For Sale" sign which shall be
removed within twenty-four (24) hours of the time when the home is no longer offered for sale or
one (1) political campaign sign [not more than thirty (30) days prior to election].
7. Clotheslines may not be erected; however a single pole clothes tree may be installed at the rear of
the home, provided it is placed in the collapsed position when not in use.
8. Fences are prohibited.
9. Resident must clear all snow and ice from all walks and driveways on their rented property promptly
after the end of any snow, hail, sleet or ice fall.
10. All items such as but not limited to lawn mowers, toys, tools, concrete blocks, tires, etc. must be
stored inside your home or in an approved shed. No storage outside the home is permitted (except
1/2 cord of firewood (4x4x4) that must be stored on a raised platform in the least visible location on
the home site).
11. Storage sheds shall be limited to one (1) per lot, must be professionally designed and constructed of
exterior grade plywood, aluminum or vinyl siding and painted to match or complement the home
exterior. Sheds must be maintained in good repair, free of rust and painted neatly. They must have
doors that are closed if not in use. Landlord's permission must be obtained prior to placement of a
new shed on a lot.
SHIPPENSBURG MOBILE ESTATES POLIC/ES AND GUIDELINES PAGE 4 OF 6.
Rev. 05/04
SHIPPENSBURG MOBILE ESTATES
12. The burning of trash, rubbish, leaves, or other materials is prohibited.
13. All garbage and trash must be bagged and placed in water tight containers. Trash should not be
placed for pickup earlier than the morning of pickup. Traslh containers must be kept tightly sealed,
clean, neat and placed away from view.
14. Disposable diapers, paper towels, sanitary napkins, or any other foreign matter shall not be put into
the sewer system. Resident shall be solely liable and responsible for all costs involved in sewer
stoppages due to the above causes.
E. VEHICLES
1. Only currently licensed and inspected vehicles in good repair and appearance which are used on a
regular basis are permitted in the community. Vehicles leaking gas or oil must be repaired and any
residue on the street or driveway must be cleaned. Landlord may reasonably limit the number of
vehicles parked in the community by Resident.
2. Vehicles must be parked in paved spaces provided or at the curb. Driving or parking on lawns,
patios or common areas of the community is prohibited.
3. The right to park in the community is limited to Residents and their guests. Guests must be visiting
with a Resident at his/her home in order to park in the community.
4. A speed limit often (10) miles per hour, or as posted, must be observed at all times.
5. Vehicle repair, overhaul, and draining ofoil or radiators are prohibited.
6. Vehicles with loud engines, go-carts, motorbikes, scooters, 3 or 4 wheelers and snowmobiles are
not permitted in the community.
7. Parking or storage of commercial vehicles, stake-body, service-body, dump-body, utility body type
trucks will not be permitted to park in the community.
8. Boats, trailers and recreational vehicles are prohibited at the home site except for a short period (up
to two days) to load or unload before or after use. In-community use is prohibited.
F. COMMUNITY LIVING
1. Landlord reserves the right to eject or prohibit entry to any individual who causes a disturbance or
becomes a nuisance.
2. Residents shall be responsible for the conduct of the members of their household, their pets and their
visitors and shall be liable for any damages caused to the property of the community or others.
Drunkenness, loud parties, acts of inappropriate conduct as determined by management or any
activity that disturbs the peace and tranquility of the community is prohibited.
SHIPPENSBURG MOBILE ESTATES POLICI]~S AND GUIDELINES PAGE 5 OF 6.
Rev. 05/04
SHIPPENSBURG MOBILE ESTATES
3. No peddling, soliciting or commercial enterprise is allowed in the community without the written
consent of Landlord. No routine babysitting of unrelated children from outside the community is
permitted.
4. Noise, whether from televisions, radios, voices, mufflers, or other sources, which is disruptive or
objectionable as determined by management, is prohibited. Noise levels shall be further reduced
between the hours of 10:00 P.M. and 8:00 A.M. for the benefit of all Residents.
5. Trespassing on another home site is prohibited.
6. Individuals are not to play in the roadways. Bikes, toys, ~c. are not to be left or parked on the
roadways, sidewalks or lawns when not in use.
7. Air rifles, BB guns, bows and arrows, pellet guns, fireworks, etc. and weapons of any type may not
be discharged or displayed in the community.
8. Any violation of federal, state or local laws and ordinances shall be a violation of these policies and
guidelines.
9. Individuals must conduct themselves in a manner to maintain a safe, clean, quiet and healthy
community at all times without creating interference with other individuals.
Ml'q~Ship~Policies and Guidelines. Ship.doc
SHIPPENSBURG MOBILE ESTATES POLICIES AND GUIDELINES PAGE 6 OF 6.
Rev. 05/04
Jul, 20 2002 06:08P~1
ENTRANCE REQUIREMENTS
FOR MOVING HOMES INTO SHIPPENSBURG MOBILE ESTATES
Be/ore a nome may ~)e occupied in Shil;~ensburg Mobile E~ates, the follo~ng ~e~s mu~ ~
~ompleteu. ~en ~m~, you mo~ not~t~e man.er, Ed ~m~h ~ ~I~ 532-5917 lot
APPLICATION
~ Apphcahon$ am available upon r~que.g al'~e managemenl office at 10 No~h Conagra
Drive The ap~icatien fee is ~0. Men~ement mu~ ep~ve a,
INSTAL~TION
1 It ~s ~ckn~lo~e~ th~ R~enl has ~mplete fr~om a~ msponslbil~y for the ~le~ien of
the ~ome pu~ha~, t~ d~ler/~ller, the ~ ~p ~nnel e~ the suitebtlRy of the
2 Only new or mCe~ly buiE hom~ meeting the a~mval of Management wilt be a~e~ for
~ The home mu~ be sld~ ~h lap~ ~1 s~ en~ have a ~1~ roof with aspna~
4 Oeeoralive ah~em mu~ ~ on all ~ on ~ ~e~ of ~e home.
5 A minimum of a 4'~' P~u~treat~ ~en de~ w~h ~eps and ~fety rail for front
~ ~qu~reo
~ Pm&~,m..tmat~ wo~e~ st~ ~ ~f~ ~1 are ~ui~ for ~r Ste~.
Vinyl skt~ing that fully su~un~s the ~ome mu~ ~ in~al~ al~ the ll~e of set.up
The manufamum~ h~e muffi ~ Ir~ffiall~ in a~ance w~h the ¢olJowing:
the manu/a~u~r's re~mme~ ~ up sta~e~s.
all appil~ble f~eml, ~e, ~u~ a~ I~1 I~, ~ul~io~ a~O mqui~ments.
~tillz~ only Pm~dy s~i~ a~ tmin~ ~nr~el. ~h a~ro~ate insurance, may ~
Noilow ~re bloc~ may ~ u~, ~v~ 1hey a~ ~a~ in a venial ~5~mn
A ~re ~mguiSher mu~ ~ mount~ in the ho~ (m~imum A.I~BC),
All ole~nca; ~i~ ~ mu~ ~ unde~munO a~ in CO~uit, ~e etemric meter base
musl be fns~med a~ appmv~
or~upanoy by the el~c ~ after home i~ ~ and D~ore
A, Sewer lines ~u~ ~ 4' ~h al~g~ ~nn~ions and
~ange~ al ~ea~ eve~ eight f~l (not sup~ from ~low).~ ~smma~ from the ~ome with
14 All above ~to-n¢~ Water 1113e$ mu~t b~, a minimum of 1/2". No ~oppet water lines or ieacl
sol~erl~ Is ~; PVC ~a~lc o~ Q~ ~ only All ~ef ~e~lC~ ~u~ hive a bac~(l~
~ 5 Propane ~omge tan~ may nm ex. ag ~) 100 gallon tarl~ (~ng
must be ~nlel~e~ f~ viow ~ wo~ I~1~ or ~tive fe~c)~ ~th e" ~earance a: bottom
16 Co~inuou~ ~eal ta~ a~ Insulalmn mu~ ~ ~y inetell~ a~ In go~ wo~tng
~nditlon on all water lines o~stde the ho~ ~m lhe ~m of tho ~er p~ to the ent~ ~int of
1he home,
~ 7 The ~ze of the ho~ a~ lhe ~m~ment J~tion mu~ ~ app~v~ by the offi~,
: D T~e ~ndfllon of the lot m~ ~ m g~ mpa~? amir the home ~s pie~d and the ~-up crew
'~ fi~fishe~. A minimum Se~l~ ~m~e of ~0 I
20 ~heds mu~ ~ ~aC~ a~ing I0 ~mmun y ~ui~me~.
~a~men( ~mm Man.r, On~ ~e ~ is al~. ~ ~ ~ua ~ ~mmemially buiJl h~ve
exienOr weather g~t c0ved~ in t,e f~ 0f e~eflor sidle, ~amteO T1
pJ~ood) or aluminum. '
Z1 A~iy ~a~es or m~Yo~s to ~e e~ve m~ ~ in ~il~ end a~mv~ by
Managemo~L
Thi~ document must be completed wilt1 all required approvals 'igned Prior to occupancy,
O~upancy Date
~ ncknOWledgo m~i~
.
SHIPPENSBURG MOBILE ESTATES, INC
BOX 500, SHIPPENSBURG, PA 17257
DATE I 0/25/02
RESIDENT: Beverly J. Becket
John Becket
ADDRLSS: 25 SME
Shippensburg, PA 17257
Dear Ms Becket
Mr Becker,
t/poi entering Shippensburg Mobile Estates, Ed Smith, Manager chscussed thc entrance
reqmrements of the community. These requirements ira:lured lapped vinyl siding, and
shutters. We must ask that you meet these requirements. Following up your
conversation with Ed, We would like to have your home meet these requirements by the
end of December 2002; However, I also understand that you have had some hardship
upon entering the community and if necessary will allow' until May 30th, 2003 to get this
accomplished.
We are glad to hav.e you as part of our community and thank ou for ·
and understanding in this matter. If ye }, ........... - .Y your cooperaOon
office, 532-5917. ~ u ....~, ,my quesuons p~ease contact Ed at the
Sincerely,
Donald R Moats Jr.
General Manager, SME
C m)'doc,"a hip/don& heckenqidin8
EXHIBIT
$I-ffPPENSBURG MOBILE ESTATES, 500 SME, SHIPPIENSBURG, PA
17257
18/22/2882
17:84 7~75325917
SHIPPENSBURG ME INC PAGE 01
:74,726'~S."?? .T,.~I. 20 ~002 O6;06¢ffl ~.
ENTRANCE REQUIREMENTS
FOR MOVING HOMES INTO SHIPPEN$13URG MOBILE ESTATES
APIILIGATION
'. AI)lohcatlon$ life avllllbllt UllOn ~utL~ It'll ~&nlgeml~ o~l
Odve The ap¢i~en fee is ~. Man~emlnt m~ aD.Va III I~hants
iNSTAC~TION
an~ S~ent
g Only ~w of mOeMly bUlB hom~ milling the a~mvel of ~lme~l ~iI ~ l~l~ for
ent~ into tRe ~mmunRy
The ~.nu~a~u~e h~l ma~ ~ }n~a~]~ in a~a~ce w~h the
utilize. ~nly ~dy ~ I~ lmln~ ~mmt. ~h l~OEel
A ~re e~lnguiS~r mu~ ~ moufll~ in the ho~ (minimum
~ na~ a~ ap~v~ D"the -I ~' ' ' '
All ~wer l/nus mum ~ 4" ~h iI{~ ~nn~Ion/and ~ ~ from the nome with
1~/22/2002
17:84 7175325917
SHIPPENS;BURG HE INC PAGE 82
14 All above ~rou/TGI w,~fllr #f~e mu~t t~ B minimum of 1~ N= ~r w~ter li~es or ie~
pmv~mer m~t~ff~.
The ~ize of fhe honle In~ the ~l~ment I~ton
6r~i~he~. A minimum ~iM ~l~i ·
· ~g~ if ~mgn up ~ ~ ~t~ tO ~ dO~ Dy tho ~rnmun~y
ledOr ~a~er ~t Gave~ n t~ f~., .~.--. -, .......... mme~olly ~lll, have
PJ~o~ or elumlnu~ .....
M,'S~ agemo~L
Thin documeM mu~! I~ ¢omplM~d wi~h ill mqut~ oppro,~la mlg~d Prior to occ~y
~upaflcy ~me 8hi~nl~ MO~e' ~Mei ~
Pnm~ A~N~ Ni~ ~ate
Shippensburg Mobile Estates
500 SME, SHIPPENSBURO, PA 17257
DATE 10/23/2003
RESIDENT(S): John S Becker
ADDRESS: 25 SME
Shippensburg, PA 17257
Dear IV~ Becker,
Thank you for taking the time to take the swing from the tree and for removing the outside storage from your yard.
We appreciate your your efforts and are glad you took the time to communicate your concerns with us.
As for the title of your home, we do require that it be in your name and do not believe that in the event ora death
thal the bank can require you to pay the balance in ~ull before transfe:rring the title. If you would like, I offer my
.as.sistanee in asking the Pennsylvania Manufactured Housing Association what the law states in situations like this. It
is ~mportant the title be in your name. Please try to get this accomplished by November 30, 2003.
Regarding the siding on your home, your request for additional time is certainly granted Our oals
additional hardship on residents so with ......~:.~..:_, _:~ .. ...... · g are not to create
, ),vua taaloai~iltl liltUallOl~ Iff hung we Will extend the deadline to have your
hon~e sided with vinyl lapped siding by May 30, 2004.
Sincerely,
Donald R. Moats Jr.
General Manager
Shippensburg Mobile Estates
500 SME, SHIPPENSBURG, PA 17257
CERTIFIED MAIL AND REGULAR MAIL
DATE 04/19/2004
RESIDENT(S): John S. Becker
ADDRESS: 25 Sme
Shippensburg, PA 17257
Dear Mr. Becker,
Please note that in accordance with Act ~T261 of the General Asserably of the Commonwealth of Pa you are notifi
that you are in violation of the Policies and Guidelines of Shippem;burg Mobile Estates. If you fail to correct the
issues below by the time indicated, if there is a second or subsequent violation of the policies and guidelines with
six months of service of this notice, an eviction proceeding will be commenced.
You are in violation of the following policies:
Section A. Para.
4. The home shall not be occupied by any person other than t]~ose named in the Lease except for visitors. N
home or premises shall be subleased to put into the possession of another party. Only owner occupied homes are
permitted.
9. Resident must continue to provide Landlord with the current home mailing address, phone number,
employment information, and other resident data as requested from time to time.
In October 2003 Rachel Moats, Manager, discussed the need for you to provide the community with a copy of ti
title of your home with your name appearing on it as owner. She explained that we are an owner occupied
community which means the title has to be in the lease holders name. On October 23, 2003 Thomas H. Bown II
Owner spoke with you concerning the same subject. I followed that conversation up with a letter (copy enclosedl
asking that we have a copy of the title with your name appearing as owner of the home by November 30, 2003. ,
April 8, 2004 Rachel again spoke with you and asked if you could provide us with a copy of the title in your nam
To date we still have no title.
Our policy does maintain we are an owner occupied community and we may request this resident data from you;
therefore, the home must be registered in your name and you must: appear as owner of the home on the title by
May 30, 2004. In addition the letter also states that your home needs to be properly sided with lapped vinyl sidir
by May 30, 2004.
Section B. Para.
2. All homes shall be maintained in good condition and repair and the exterior will be kept clean, neat, and
properly painted or stained at all times. Landlord reserves the right to require reasonable repair, maintenance, an
improvement of any home.
EXHIBIT
6. Window unit air conditioners are not permitted in the front (street side) windows of homes. All window air
conditioners must be self-supporting or bracketed to the side of the home; supports to the ground are not
permitted.
Section D. Para.
10. All items such as but not limited to lawn mowers, toys, tools, concrete blocks, tires, etc. must be stored
inside your home or in an approved shed. No storage outside the home is permitted (except lA cord of firewood
(4x4x4) that must be stored on a raised platform in the least visible location on the home site).
On April 15, 2004 during routine inspection of the community Rachel saw that there was wood setting outside you
home under the window where your air conditioner will be. In addition there were other toys lying around outsid
of your home. Your air conditioner, when in place must be self supporting with brackets. The wood and toys ar
outside storage and must be properly stored inside your home, in a shed or under your home, out of sight. These
items need to be stored by April 22, 2004. Also noticed during the inspection that your oil tank needed to be
painted. Please paint your oil tank by May 30, 2004.
Sincerely,
Donald R. Moats Jr.
General Manager
7002 2030 0002 &091 2767
DDDD ~ iv
EXHIBIT
seventy-seven
B~"W~Z~ ]~ANK E. HOLLAR, JR., widower, of Shtppensburg Township,
Cumberland County, Pennsylvania,. hereinafter called
~ SHI~PENSBU~G MOBZLE ESTATES, INC., a co~por&tlcn duly organized
and exlstlng under the l~ws of the Com~onwealth of Pennsylvania,
with its principal office at R. D. #5, Shippensbu~g, ~¥~nklin cowry,
Pennsylvania, hereinafter*called
~[~,~~o[ El~teen Thou~d ~d no/lO0 ........... '
............................ ($18,000.00) .............. Do~,
~0~ea~$e~ ~ lts~ocessors and,
ALL tha~ ce~n tract of !and sl$uate In the ~s~ oF Shlppene-
bu~g, Co~y of O~bmrZand ~d Co~onwealth of Pennmylv~la, bonded
~d described ~ follow~, to wit:
BEGINNZNG at m polnt at co,on eo~e~ with land of New ~rontcle
Co~y ~d ~ t~act of l~d this d~ sold to the Vendees he~eln; thence
alon~ ~he la~ of ~pDe~b~E Mobile Estmte, Zno., No~th ~ degrees
58 mlnute$ B5 me~ond~ Wee~ 500 fees to an iron Dln; thence by s~e, North
60 dc~ee~ 28 ~econds West 1236.3~ Feet to ~ l~on pln at o~her l~d of
Frank E. HoZZ~, 3~.; ~henoe by Hollar !and, North ~6 degrees 16 ~nu~es
39 ~econds East 67~.g2 ~eet ~o ~ &ton Din at o%he~ land o~ ~ank E.
EoZZa~, J~.; thence by HolZa~ t~act, South ~ de~ees
seeon~ Eas$ 16T9.29 ~eet to ~ l~on Din at corner of l~d of New
~onlcle Co~y; thence by News ~h~onlcle Com~y land, Sou~h ~5 de~ees
1 ~nute 2~ eecondff West, 351.5~ feet ~$o the ~lace o~ ~GINNING. CON-
T~NING 18 ao~s, more or
BEZNG Da~t o~ She property conveyed by Hu~
Fr~k E. Holl~ by. deed dated M~eh 20, 1912 and ~eco~ded in the Offlce
for the ~cordlng'o~ ~eds in ~nd for the Co~y of C~berla~ In ~ed
Book Vol. ?~ mt Pa~ 233; and pa~t of the ~roper~y conveyed by
Buown %o F~a~ E. H011ar by deed da%ed ~uly 9, 1910 and ~ecorded In the
mbove named O~ce In ~ed Book Vol. 7T at Page 2~; ~d ~ of ~he
733
property conveyed by W£11iam B. Cra,lg~s Executors to Rachel B. Hollar
by deed dated April 9, 1908 and ~co~d in She above named ~f~ice ~In'
Deed Book Vol. TH at Page BST. ~e said ~k E. Hollar died testaSe
May 22, 1R~0 ha~ng ~rst made his Las~ Will ~d Tes~n~ wherei~ he
devised his enti~ estate to him widow, ~chel B. Hollar ~d his son,
Fr~k E. Holl~ ~r., ~d the said ~chel B. Holla~ died intestate
July 25, 1941, leaving as he~ sole hei~at-law, he~ son, Prank E. Holla~,
Jr., Gr~to~ herein.
9
AND Zl~e
~=~$Esnerally
he
$ 'd '805~'ON .......
Shippensburg Mobile Estates, inc. (Plaintiff)
John S. Becker (Defendant)
In the Court of Common Pleas of the 9~h Judicial District, PA
Cumherland County Branch
Civil Action - Law
No. 2004-3286
i-his is in response to the a'tx)ve case. The Defendant, John S. Becker shall appear
personally in front of the Court of Common Pleas to represent himseifin the ahnve
matter case No. 2004-3286.
The following is emered in defense to the claims set forth against the Defendant:
The Defendant disagreeS/objects to paragraph No. (~-~ive) $ of the complaint
explaining the agreeraent between Landlord and Tenant within the Policies and
Guidelines, "Exhibit 2". Violations of these ?oiicies and Guidehnes snail constitute a
ixeach of this Lease and be grounds for eviction.
Plaintiff failed to include a page under the "MHP-COL/ACT26 i .5i99" in the
complaint againm the Defendant.
Defendant did emer lease on September i7, 2002.
Defendant still retains the omitted page, which is currently attached to lease
signed and given to Defend,an[ for personal record from Plaintiff.
This omitted page includes a line stating "You shall not be evicted when there is
proof that the ruiesyou are accused of violating ar~ not en/brced with respect to the or. kef
mobile home residems or non-residents on the park premises".
it is to the Defendant's fmdings that the Plaintiffha~; not honored above statement
and the Defendant ~naii show evidence to the court of his findings. The Defendant feels
a pattern of nn£air treatmem and discrimination can be proven with the multiple
violations Defepxlam is being accused of
The Defendant disagrecs/'objects to paragraph ~io. (Six) 6 of the complaint
explaining that Tenant acknowledged receipt of said Pohcies and Guidelines.
iJpon emering park, Defendant was issued an October 2000 copy of Poiicies and
Guidelines on September i 7, 2002.
Defendant's copy contains page omitted by Plaimif['in "Exhibit 2'~ of the
complaint. This page omitted explains procedures and re.a~ms for eviction.
The Plaintiff entered a May 2004 revised version of the Policies and Guidelines in
the complaint set forth again.qt the Defendant.
Defendant does not have or been updated or has signed for acknowiedgemem of
the revised May 2004 Policies and Guidelines l~om the Plaimiff.
Defendant was given notice for a child's swing hanging from Defendants tree on
Defendants property, which violated line D.4 of the policies :md guidelines of the parle.
Defendant did speak with manager "Rachel Motes" and owner "Tbomas Bowff'
al)om the swing inthe tree.
Defendant expressed the disagreemem on the issue.
Defendant feels that in his opinion, the nnfairi~mation of violations began
do to this discussion.
Defendant did receive notice under policies and guidelines, "Line B.7", stating
that air condition units can not be supported from the grounq. Defendant did fix violation.
Defendant did observe, document and testif~ at Magistrate level to several homes
in the park having same violation. Defendant did sit>mit evidence of photo and
videotape at M_agiatrate level.
Defendant spoke to neighbor tenant who was approached by manager "Rachel
Motes" about their air conditioner supports ~rom the grour~, which were in violation.
Tenant in violation told manager that they would not fix violation.
No action has taken by management and violation stiii exists to date.
Defendant objects to "Line D.i i" oftbe policies and guidelines, stating that
storage sheds shall be constructed of exterior grade p~ywood, aluminum or vinyl siding
and painted to match or complement the home exterior.
Defendam brings to attention that a shed can be constructed of siding o~r than
vinyl that s'ru~ii match or complement the home exterior.
The Defendant disagrees/objects to paragraph No,. (Seven) 7 ot the
complaint, explaining "Exin-ffn 3" home entrance requ me s.
Plaim[ffgranted entry to Defendants mobile home, later requiring lapped vinyl
plaintiff failed to explain that lapped vinyl siding was required before entry was
granted.
The Defendant disagree~'objects to paragraph No,. (Nine) 9 of the compiaint
explaining the home shall not be occupied by any person othor than those harold in the
Defendant shall show evidence to the court disputing the charge.
The Defendant disagrees/objects to paragraph No. (~en) i0 of the compiaint,
explaining that "Ail homes must be sided with lapped vinyl siding and have a sloped roof
with asphalt shin~..ies".
Defendant did receive several noticed about vinyl siding requirement and
replied to management about financial hardship.
Defendant did receive a written estimate from "Sears::: to install lapped vinyl
siding.
Defendant curremiy suffers from financial hardship to install lapped vinyl siding.
it is to Defendants finding that other tenants also moved their homes imo the park
without being told of the required lapped vinyl siding, which l~estimony bom the tenants
shall be presented as evidence to the court.
Defendant spoke to a tenam who stated that they received a letter requiring them
to iustali lapped vinyl siding. Tenam just moved home into pail( on March 2004.
"Exhibit 3" refers to the home entrance requirements, it explains that on line
three (3) ail homes must he sided with lapped vinyl siding anq have a sloped roof with
asphalt stungles.
The tenant that Defendant was speaking to had a fiat .,metal roof end Plaintiff
failed to note the violation~
Defendant observed several homes just on that street to have fiat metal roofs
without asphalt shingles.
Defendant spoke with a tenant who purchased a home in the park and moved into
the home after Defendants home was moved i~
Tenant stated that he had received notice to install vinyl siding.
Tenant stated that another home across bom his was newly purchased and had not
yet received a notice to install vinyl surfing.
The Deiendant disagrees/objects to paragraph No,, (E/even) ii of the
complaint explaining that, "Decorative shutters must be on ali windows on ail sides of
the home."
Defendants home has current decorative shutters on ail windows, which came
bom home manufacture upon construction.
· he Defendant di~agree~obJect~ to paragraph No. (Tweive~ 12 of the
complaint explaining that in "Exhibit 4':, manager Ed Smith discussed the entrance
requirements of the community.
Defendant did receive copy of emrance requirements.
Manager "Ed Smith" did not discuss the entrance requiremems, as stated in
"Exhibit 4".
Defendant observes that in "Exhibit 4" of the compialm, it requires ail tenants to
install vinyl siding and shutters on ail sides of their mobile home.
Defendant observed a majority of the homes in the pad( to curremiy have siding
other than vinyl.
Defendant spoke with several tenant with siding other than vinyl and found that
no notice has been given to the resident owner.
The Defendant disagreestoblects to paragraph No. (Thirteen) i.~ og the
complaint explaining that the mobile home must be owner oceupied.
Defendant did receive notice of violation in tiffing the home in Defendants own
name under line A.4 of the policies and guidelines of the park., "Line A.4:' expiaina that
only owner occupied homes are permitted.
Defendants name and Defendants mother the late "Beverly Becket>~ does appear
on iease.
Defendants did achieve administrator of estate status and curremly possesses
document stating such, givin~ Defendant ownership ami control of said property, making
it an owner occupied property.
Defendant did attempt to conduct an equity transfer of the said loan.
Defendant curremly suffers from financial hardship in ,resuming the new loan.
The Defendant disag, reeslobjeets to paragraph No. (fourteen) 14 of the complaint
Defendant did pay a twenty dollar ($20.00) application fee, after being given
notice of a violation in the policies ami guidelines, "Line A.4", mating "Home shall not
be occupied by any person other than those named in the lease".
Defendant did receive from Plalnti~ wriRen approval ,of request of additional
person(S) to reside with Defendant.
"Exhibit 6" states that "All homes shall be maintained m good condition and
repair and the exterior will be kept clean, neat, and properly l~ainted or s~ined m ail
times. Landlord reserves the right to require reasonable repa~:, malr~enance, and
improvement of any home".
Defendant feels that home is current and up to date with policies and guidelines of
the park.
"Exhibit 6, line D.10" expressed the storage of items outside the home.
Defendant feels that home is current and up to date with policies and guidelines of
the park.
"Exhibit 6" states at end of letter about a routine inspe~on of the community by
Rachel Motes.
Motes observations were corrected.
Motes observed Defendant fuel tank needed to be putted.
Defendant corrected and photographed fuel tank.
Defendant observed other tenants to have fuel tanks in need of painting and no
notice had been given to tenant.
i verify that the statements made in fni~q response to the complaint are true and
correct, i understand that lhlse statements herein are made subject to the penalties of i 8
Pa. C.5.A. ~ect~on 4904, rela~mg to unswom lhlstt~catlon to ~mmonues.
olin S. Becker
Date
Komfi¢ld & Bcnchoff, LLP
Attorney for Plaintiff
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
(717) 762-6544 FAX
SHIPPENSBURG MOBILE ESTATES,
INC.,
Plaintiff
V.
JOHN S. BECKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9TM JUDICIAL DISTRICT, PA
CUMBERLAND COUNTY BRANCH
CIVIL ACTION o LAW
NO. 2004-:1286
NOTICE
You are hereby notified to file a written response to the enclosed Preliminary Objections to
Answer to Complaint within twenty (20) days from service hereof or a judgment may be entered
against you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA~VYER 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.
PA Bar Association Lawyer Referral Service
P.O. Box 186, 100 South Street
Harrisburg, PA 17108
Telephone Number: 81}0-692-73'75
Komfield & Benchoff, LLP
Attomey for Plaintiff
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
(717) 762-6544 FAX
SHIPPENSBURG MOBILE ESTATES,
INC.,
Plaintiff
V.
JOHN S. BECKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9TM JUDICIAL DISTRICT, PA
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
NO. 2004-.3286
PLAINTIFF'S PRELIMINARY OBJECTIONS TO
ANSWER TO COMPLAINT
NOW COMES, Plaintiff, Shippensburg Mobile Estates, Inc., by and through its attorney
Andrew J. Benchoff, Esquire, Kornfield & Benchoff, LLP, and sets forth Plaintiff's Preliminary
Objections to Answer to Complaint:
Pursuant to Pa.R.C.P. Rule 1028(a)(2)
Failure of a pleading to conform to law or rule of court
Nowhere in the "Answer to Complaint" does Defendant divide averments into paragraphs
numbered consecutively in violation of Pa.R.C.P. Rule 1022.
Nowhere in the "Answer to Complaint" does Defendant provide a telephone number where
Defendant may be contacted in violation of Pa.R.C.P. Rule 1025.
Defendant in the "Answer to Complaint" does not admit or deny each averment of fact in the
preceding pleading or any part thereof to which it is responsive in violation ofPa. R.C.P. Rule
1029(a).
Nowhere in the "Answer to Complaint" does Defendant raise a "New Matter" despite that
Defendant alleged new material facts in violation of Pa.R.C.P. Rule 1030.
Defendant set forth in the "Answer to Complaint" an averment concerning an alleged
statement by another tenant of Plaintiff; said statement is hearsay as it was offered to prove
the truth of the matter asserted and inclusion thereof is in~ violation of Pa.R.E. Rule 802.
WHEREFORE, Plaintiffrequests the entry of an Order dismissing Defendant's "Answer to
Complaint," and requiring Defendant to file a responsive pleading that conforms to law.
Pursuant to Pa.R.C.P. Rule 1028(a)(2)
Inclusion of scandalous or impertinent matter
Defendant set forth in the "Answer to Complaint" averments concerning the District Justice
proceeding in violation of Pa.R.C.P.D.J. Rule 1007(a) and (b).
WHEREFORE, Plaintiff requests the entry of an Order dismissing Defendant's "Answer to
Complaint," and requiring Defendant to file a responsive pleading that does not include scandalous
or impertinent matter.
Demurrer Pursuant to Pa.R.C.P. Rule 1028(a)(4)
Legally insufficient pleading
Nowhere in the "Answer to Complaint" does DefendanI attach a copy of alleged omitted
pages attached to the lease between the parties despite that Defendant averred that he retained
the omitted page in violation of Pa.R.C.P. Rule 1019(i).
Nowhere in the "Answer to Complaint" does Defendant demand relief in violation of
Pa.R.C.P. Rule 1021(a).
WHEREFORE, Plaintiffrequests that entry of an Order dismissing Defendant's "Answer to
Complaint," and requiring Defendant to file a responsive pleading that is legally sufficient.
Pursuant to Pa.R.C.P. Rule 1028(a)(3)
Factually insufficient pleading
In the "Answer to Complaint" Defendant does not state the material facts on which a cause
of action or defense is based in a concise and summary form in violation of Pa.R.C.P. Rule
1019(a).
WHEREFORE, Plaintiff requests the entry of an Order dismissing Defendant's "Answer to
Complaint," and requiring Defendant to file a responsive pleading that is factually sufficient.
Respectfully submitted,
L~FF, LLP
'"-~tfid~/]. Bench6'f~/U
Komfield & BenchoPt; LLP
Attorney tbr Hainfiff
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
(717) 762-6544 FAX
SHIPPENSBURG MOBILE ESTATES,
INC.,
Plaintiff
V.
JOHN S. BECKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9~'" JUDICIAL DISTRICT, PA
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
NO. 2004-3286
AFFIDAVIT OF SERVICE
Andrew J. Benchoff, Esquire, deposes and says that he served Plaintiff's Preliminary
Objections to Answer to Complaint in the above-captioned matter on John S. Becker, 25
Shippensburg Mobile Estates, Shippensburg, PA 17257 by first (:lass mail on November 22, 2004.
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.A. Section 4904 relating to
unsworn falsification to authorities.
& B EN?}a~~P
Kornfield & Benchofl} LLP
Attorney fbr Plaintiff
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
(717) 762-6544 FAX
SHIPPENSBURG MOBILE ESTATES,
INC.,
Plaintiff
V.
JOHN S. BECKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9TM JUDICIAL DISTRICT, PA
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
NO. 2004-3286
AFFIDAVIT OF SERVICE
Andrew J. Benchoff, Esquire, deposes and says that he served Plaintiff's Preliminary
Objections to Answer to Complaint in the above-captioned matt,er on John S. Becker, 25
Shippensburg Mobile Estates, Shippensburg, PA 17257 by first class mail on November 22, 2004.
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. CS.A. Section 4904 relating to
unsworn falsification to authorities.
~ndre~lencho~, ]~//
~ 0m
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please ]ist the within matter for tb~ n~t Argt~nent Court.
CAPTION OF CASE
(entire caption must be stated in ~,l ] )
SHIPPENSBURG MOBILE ESTATES, INC.
( p1 ai ntiff )
JOHN S. BECKER
( Defendant )
No..~.8~ CivilAction-Law X~J~ 2004
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's
demurrer to ccm~plmint, etc. ):
Plaintiff's Preliminary Objections to Answer to Complaint
2. Identify counsel who w~ ] ] argue case:
(a) for plaintJ_ff:Kornfield and Benchoff, LLP
~]~eSs: Andrew J. Benchoff, Esq.
17 N. Church Street
Waynesboro, PA 17268
(b) for defendant:3ohn S. Becket, pro se
Address: 25 $hippensburg Mobile Estates
Shippensburg, PA 17257
3. I~]] notify mil parties in w~-itingwith_in ~days that this case has
been li~ted for~t.
4. Argunent Court Date:
February 02, 21 5
Shippensburg Mobile Estates, Inc. (Plaintiff)
VS.
John S. Becker (Defendant)
25 Sine
Shippensburg, PA 17257
(717) 532-6276
In the Court of Common Pleas of the 9~ Judicial District; PA
Cumberland County Branch
Civil Action- Law
No. 2004-3286
Amended answer to Compl~ir~
This is in response to the above case. ~he Defendant:. John S. Becker shall appear
personally in front of the Court of Common Pleas to represe~xt himself in the above
matter case No. 2004-3286.
The following is entered in defense to the claims set fi~rth against the Defendant:
1. The Defendant admits that paragraph No. (One~ 1 of the Plaintiffs complaint
is true and correct.
2. The Defendant admits that paragraph No. (Two~ 2 of the Plaintiffs complaint
is true and correct.
3. The Defendant admits that paragraph No. (Three) 3 of the Plaintiffs
complaint is true and correct.
4. The Defendant admits that paragraph No. (Four) 4 of the Plaintiffs
complaint is true and correct.
5. "NEW MATTER*'
The Defendant denies paragraph No. (Five) $ of the Plaintiffs complaint to be
true and correct, explaining the agreement between Landlord I~1 Tenant within the
Policies and Guidelines, "Exhibit 2 in the Plaintiff~ complaint~'. Violations of these
Policies and Guidelines shall constitute a breach of this Leas~ and be grounds for
eviction.
Plaintiff failed to include a page under the "MHP-COL/ACT261.5/99'~ in the
complaint against the Defendant.
Defendant still retaln~q the omitted page, which is cun'e~ly attached to lease
signed and given to Defendant for personal record from Plaintifl~, a copy of which is
attached hereto as "Defendants Exhibit 8," and incorporated herein by reference.
This omitted page includes a line stating "You shall not be evicted when there is
proof that the roles you are accused of violating are not enforced with respect to the other
mobile home residents or non-residents on the park premiss".
It is to the Defendant's findings that the Plaintiff has not honored above
statement.
6. The Defendant admits paragraph No. (Six) 6 of the Plaintiffs_ complaint to be
true and correct.
7. The Defendant deni.es paragraph No. (Seven) 7i of the Plaintiff~ complaint to
be true and correct, explaining "Exhibit 3 in the Plaintiff Complaint" home entrance
requirements.
Plaintiff granted entry on 09/17/02 to Defendants mobile home, later requiring
lapped vinyl siding.
Plaintiff failed to explain that lapped vinyl siding was required before entry was
granted.
8. The Defendant denies paragraph No. (Eight) 8 iof the Plaintiff~ complaint to
be tree and correct, explaining Tenants acknowledged r~eipt of Entrance
Requirements.
Observed on page (Two) 2 of"Exhibit 3 ofPlalnt~ complaim", Defendant does
admit to his signature and receipt of said Entrance Requirements, but denies the "Date of
Signatu~', which is left blank.
Observed on "Extu~it 4 in the Plaintiffs complaint'S, dated 10/25/02 at the top left
hand side of the page. Defendant denies being informed dffhe entrance requiremems
until after entry was granted into the park.
Observed in paragraph 12 of Plaintiffs complaint, k says, "ON OR ABOUT
OCTOBER 25, 2002, written notice confirming said Entrance Requirements was
provided to Tenant from Landlord.
9. "NEW MATTER" ~
The Defendant denies paragraph No. (Nine) 9 0f'the Plaintiffs complaint to
be true and correct, explaining the home shall not be oc£upied by any person other than
those named in the Lease. Defendant received written proof of updating application for
residency on June 5, 2004. A copy of which is attached h~Ro as "Defendants Exhibit
9," and incorporated herein by reference.
10. The Defendant admits paragraph No. (Ten) 1~ of the Plaintiffs complaint to
be true and correct.
11. "NEW MATTER"
The Defendant denies paragraph No. (Eleven) 11 of the Phintiffs complaint
to be true and correct, explaining that, "Decorative shutters must be on all windows on
all sides of the home." Defendants home has currem decorative shutters on all windows,
which came from home manufacture upon construction upon all windows. A copy a
picture from Defendants residence showing decorative shutters of which is attached
hereto as "Defendants Exln'bit 10," and incorporated herein by reference.
12. The Defendant admits paragraph No. (Twelve) 12 of the Plaintiffs complaint
to be true and correct.
13. The Defendant admits paragraph No. (Thirteen) 13 of the Plaintiffs
complaint to be true and correct.
14. The Defendant admits paragraph No. (fourteen) 14 of the Plaintiffa
complaint to be true and correct.
15. The Defendant denies paragraph No. (fifteen) 15 of the Plainti~s complaint
to be true and correct, explaining said violations has not be~n cured by Tenant to date.
Defendant believes he is not in violation of any of the accusext violations.
16. The Defendant denies paragraph No. (sixteen) 16 of the Plaintiflh complaint
to be true and correct, explaining that Landlord believes, that Tenant is in breach of the
Lease Agreement. Defendant believes that he is not in br~ach of the Lease Agreement.
WHEREFORE, Defendant respectfully requests that this Honorable Court find
that there are no alleged violations or breach of the mid Leme Agreement, and emer
judgmem in favor of Defendant and against Plaintiff.
I verify that the statements made in this response to the complaint are true and
correct. I understand that false statements herein are made s~bject to the penalties of 18
Pm C.S.A. Section 4904, relating to unswom falsification,to authorities.
/ ~I°hn S. Becket
Date
n~q:)iTANT NOi'ICZ ~ BYLAW
500 ~ ~Lq~N~mUI~G, l~A 17257
Komfield & Benchofl; LLP
Attorney lbr Plaintiff
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
FAX 762-6544
SH1PPENSBURG MOBILE ESTATES,
INC.,
Plaintiff
V.
JOHN S. BECKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9TM JUDICIAL DISTRICT, PA
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
NO. 2004-3'.286
PRAECIPE
TO THE PROTHONOTARY:
Please with&aw the Praecipe for Listing Case for Argument filed on November 24, 2004 in
the above-captioned matter.
Date: November 29, 2004
Respectfully' submitted,
F, LLP
~d:eJv/~.fllenchoff Vt J
Attorn y~l: Plaintiff ~/
Komfi¢ld & Bcnchoff, LLP
Attorney for Plaintiff
17 North Church Street
Wayncsboro, PA 17268
(717) 762-8222
(717) 762-6544 FAX
SHIPPENSBURG MOBILE ESTATES,
INC.,
Plaintiff
V.
JOHN S. BECKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9TM JUDICIAL DISTRICT, PA
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
NO. 2004-2;286
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned matter discontinued.
Date:
Respectfully submitted,
, LLP
"<--~dre~ J. ~tencho ff(,~