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HomeMy WebLinkAbout10-6741~,.G+GMM(I~IWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS ' ~~~,Judic~a~l Dis~#ript~ Co~Ur~lay'Of ~._r NOTICE OF APPEAL i°~I~.YY"~ FROM { DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. D 9 "~'"~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgn~endered by the District Justice on t e date apd, in the case referenced below. ~ ~~( ~/~e~n A 5 .~ ~fc+rC~ ~/ AM ESS AP LL.ANT STATE ZIP CODE ___- r This block will be signed ONLY ,whegn .fhis notatlon is required under Pa. If appellant was Clai (see a. .. No_ 1 (6) in action .,. L R.C.P.D.J. No. 10088. ~ , This Notice of Appeal, ~rec~ve~d by. District Justice, will operate as a before a District J strce OMPLA T MUST FILED within twer-ty SUPERSEDERS to thQ' sse~ion in-this case. ~ ~,~~(~~I {`~ ~,,~. ~ ~ `~ +..f. +.~ r '~f (20) days after tiling the NOTICE of APPEAL G~`..d ~ ,~~} ~ex' ` r~d:.n ~ ice. _ ---~....•. -,r,. ~ ~ . , ... ~ +nYw.urs w-.~aniana..4 u. ~,.P„ry / - ~ `'~-'7 ~'"~`'~ d~ .. ~R - ... r ~` .. , " CtP~~TO E TER RULE TO FILE ~OMPLAINT AND RULE TO FILE _ (This section of fom- ib"~e"~u ~ ~ ~1-~p~p~~nt was DEFENDAN~T~see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. !F NOT USED, detach from copy of notice of appeal to be served upon appellee. ~ ~ PRAECIPE: To Prothonotary ~ci~ ~ \ nter rule upon ~ appeileeQs), td f~lle~a,coittplai€~t in this appeal ~ ~ Name of appe~ee(s) f,.--"-•°--^41-,.~,~ :~ (Common Pleas N )within twenty of ru'~"~r~.~uf(ere" .0_ ~± tenon pros. or,~ er P< . -`~.+ RULE: To ~ ~' ~ ! f ~ ~j+/~`' ~lI'N , aPPellee(s \ Name of appeNee(s) ~~ (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal ~~-~ ,~ ,~,~te of service of this rule u n ~ '_ ~~~ po you by personal service or by certfied or registered mail. ~~ _~„ ~;; ~ , ~,,~ ~,~;~ ,;,,~,,, , . ~;~ (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTEREb Af~i4iNST5Y0U (3) The date of service of this rule if service was by mail is the date of the mailing. ~ ~ " z ,,t r' Date: (J ~°~~ ~-~ , 20 ~/`f9 .,~ "' ~ „~ t ~ ery Tf ~ .. ~ ~ L ybt ~u YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSGRIPT FORM WITN'TI~~N071CE OF APPEAL. ,~ ~ -~ AOPC 312-02 WHITE -COURT FILE TO BE FILED WRti PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE e 6 l~ ~ ~ ~ Cf ""( ~ C.97~ ~~ N t3~ ~ ~ ~ ~ ~ ^."~ Q ~~ .~ „ ~ ~ ~ ~~ ~ ~ ~ t~ ~: .,~.g ~~ '^,~ b 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 ~'~~ ~~ ~~n j ~ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served .~~ a copy of the Notice of Appea{, Common Pleas ,~~~5~~ ,upon the District Justice designated therein on (date of setvice)QCf o2~ , 20/d is by persona! service ^ by (certified) (registered} mail, sender's receipt attached hereto, and upon the appellee, (name)~Z~dys ~~ ~, ~` , , on ~C.,~_ a ~ , 20 /Q l~Gy persona rvice ^ by (certified) (registered) mail, ---- =~_~ sender's receipt attached hereto. _ ~ ~ ~~ ~ ~ ~~/~ ~ ~o'tdtC~ ~ S " t re^ o~r~i~ uvnortr~ffid _ was made ,~ ~ ' Title ofo ciar ~ - 1`; My commission e~rires Q.n. , 20 ~.f~~;,n~a~, ,,r~,~~t~,.. 1~{~MMM~IJI~>•11 (SWORN AFFIRMED) f1tJU S S ' {BED BEFORE ME THIS OF: .20~ Signature LEIBY'S M.H.C., PLAINTIFF V. KIMBERLY L. TRACEY, DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-6741 CIVIL TERM ORDER OF COURT AND NOW, this `f~ day of November, 2010, upon consideration of the Tenant's Supersedeas Affidavit filed by Kimberly L. Tracey, the court directs that a supersedeas be GRANTED and that Kimberly L. Tracey be permitted to proceed in forma pauperis pursuant to Pa.R.C.P.M.D.J. No. 1008. By the Court, / e Kimberly L. Tracey, Pro s 33 Key Largo Drive Carlisle, PA 17015 :saa l it/z/~o .~.r/~ Albert H. Masland, J. _ ~ - ~~, ~~ r ~ -~ . ~ ~~ -_ r °c, ~ r; `~ ta,~ ~- , ~; ,, ~,~ U ~ =-a 2> ~ Ca O~ - - ~ .~- -G ~' av --C Andrew C. Shealy, Esquire ' 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff VS. KIMBERLY L. TRACEY and, OSCAR T. ROBINSON, SR. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYWAJI?k , 10 - 6741 CIVIL ACTION - LAW r-7 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 after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 By: A ? (7 ANDREW C. SHEELY, Esquire Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff VS. KIMBERLY L. TRACEY and, OSCAR T. ROBINSON, SR. Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 10 - 6741 CIVIL ACTION -- LAW COMPLAINT Plaintiffs, 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 Complaint and respectfully states as follows: 1. Plaintiffs are LEIBY'S MHC, LLC, t/a and d/b/a LEIBY'S MOBILE HOME PARK (hereinafter referred to as "Plaintiff") with a duly recorded fictitious name and with a place of business at 7073 Carlisle Pike, Carlisle, PA 17015. 2. Defendant Kimberly L. Tracey (hereinafter referred to as "Defendant") is an adult individual with a last known address of 33 Key Largo Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Defendant Oscar T. Robinson, Sr. (hereinafter referred to as "Defendant") is an adult individual with a last known address of 33 Key Largo Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 4. Plaintiff is the owner of real property and manufactured home community known as Leiby's MHC located at 7075 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff believes and therefore avers that Defendant Kimberly Tracey is the owner of a 1994 Skyline manufactured home, VIN 33110496G currently located at 33 Key Largo Drive, Carlisle, Cumberland County, Pennsylvania, lands owned by Plaintiff. 6. Plaintiff and Defendants are parties to a written lease agreement dated September 23, 2010, effective January 1, 2010. 7. The written lease agreement requires that Defendants pay Plaintiff a monthly lot rental fee of $325.00, a monthly flat fee of $29.43 for sewer services, a monthly flat fee of $14.00 for trash fees, a sub-metered water usage fee varying each month and fee of $50.00 per month for late rent payments. 8. Defendants have failed to pay rent fees of $325.00 for the months of August, September, October and November of 2010, and presently an amount of $1,300.00 is due Plaintiff for outstanding and late rent fees. 9. Defendants have failed to pay water and sewer service fees for the months of August, September, October and November of 2010, and presently, an amount of $235.34 is due Plaintiff for outstanding and late water and sewer services. 10. Defendants have failed to pay trash service fees for 2 the months of August, September, October and November of 2010, and presently, an amount of $56.00 is due Plaintiff for outstanding trash fees. 11. Defendants have failed to pay late fees for non-timely rent for the months of August, September and October in the amount of $150.00. 12. Defendants failed to pay the entire fee for the month of July 2010 and an amount of $18.81 remains due and payable. COUNT 1 - BREACH OF LEASE AGREEMENT 13. Paragraphs 1 - 12 are incorporated herein as if set forth at length. 14. Defendants breached the lease agreement by failing to pay the requirement monthly amounts set forth above. 15. Plaintiff has repeatedly requested payments for monthly rent, monthly water and sewer and monthly trash services. 16. Defendants, after repeated demands from Plaintiff, have refused to pay Plaintiff the amounts agreed to in the written lease agreement. 17. Plaintiff has incurred reasonable attorney fees in the amount of $250.00 for preparing and filing the present complaint. WHEREFORE, Plaintiff respectfully requests that this 3 Honorable Court enter judgment in favor of Plaintiff and against Defendants in the amount of two thousand ten dollars and fifteen cents ($2,010.15), together with costs, and continuing accruing amounts required by the written lease agreement through the date of final hearing, an amount requiring compulsory arbitration. COUNT 2 - EJECTMENT 18. Paragraphs 1 - 17 are incorporated herein as if set forth at length. 19. Plaintiff is entitled to immediate possession of the lot on which Defendants reside and upon which Defendant Tracey maintains the manufactured home described above. 20. As a result of their failure to pay the monthly lot rental payments, Plaintiffs breached the lease agreement and are no longer entitled to exclusive possession of the lot known as 33 Key Largo Drive, Carlisle, Pennsylvania located in Plaintiffs manufactured home community. 21. Defendants have no lawful right to store the home and their possessions on Plaintiff's property. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment for ejectment in favor of Plaintiff and against Defendants, together with an order to immediately remove Defendants property and the manufactured home from Plaintiffs property, and costs of this action. 4 COUNT 3 - CIVIL TRESPASS 22. Paragraphs 1 - 21 are incorporated herein as if set forth at length. 23. Defendants have refused to pay reasonable lot rents, water and sewer charges and late fees while occupying Plaintiff's property. 24. As a result of Defendants exclusive possession of 33 Key Largo Drive, including the storage of the manufactured home thereon, Plaintiff has been deprived of reasonable lot rents and has incurred sewer, water and trash services for the benefit of Defendants. 25. Defendants refusal to pays reasonable lot rents, water, trash, sewer and late fees constitutes a civil trespass damaging Plaintiff in the amount of $1,760.15. 26. Defendants have no lawful right to continue exclusive possession of the lot located at 33 Key Largo Drive owned by Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendants in the amount of one thousand seven hundred sixty dollars and fifteen cents ($1,760.15), together with costs, and continuing accruing amounts reasonable lot rents, sewer, water, trash, attorney fees and late fees accruing through the date of final hearing, an amount requiring compulsory arbitration. 5 COUNT 4. UNJUST ENRICAMBNT 26. Paragraphs 1 - 25 are incorporated herein as if set forth at length. 27. Defendants have been unjustly enriched as a result of their refusal to pay the lot rental fees, sewer, water, trash and late fees as set forth above. 28. Defendants continual and repeated refusal to leave the manufactured home community constitutes a continual and repeated loss to Plaintiff constituting an unjust enrichment to Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendants in the amount of one thousand seven hundred sixty dollars and fifteen cents ($1,760.15), together with costs, and continuing accruing amounts reasonable lot rents, sewer, water, trash, attorney fees and late fees accruing through the date of final hearing, an amount requiring compulsory arbitration. Respectfully submitted, Date: November 2010 Aej?"Je Andrew C. Sheely, Esquire Attorney for Plaintiff Leiby's MHC, LLC 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 6 VERIFICATION I verify that the statements made in this Complaint 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. 1 DATE: November 2010 Laurie Evans, Agent 11 Exhibit "A" # 3g :EASE %GREEMENT LEtB.YS MHC, LLC 7075 CARLISLE MKE, CARLISLE, PA 17015 717-697-1321 Residents Initials e). 7? X TABLE OF CONTENTS 1) ... Description ................................ . 2) ... Terms .................................................. .......................................................3 Rental amount and terms ........................... 3) ........................................................4 ... 4) ... Security deposit ...................................... .......................... .........................5 5)...Home description .................................... ......................... ............................5 6)...Use of rented site and common areas ....... ...... ..........................`:.. _...................:.....6 Vehicles .............................. ................. ........................ .... ....:........ ........6 8 Sale or transfer of ownership ........................................................... ................ .6 9)...Home and lot maintenance.................... ... .............. ................................ .7 10)... General ............................................... .................... ............... ....... .7 11)...Installation ........................................... .. .................................................. 8 12)... Termination of the Rental Agreement .......... ... .......................................... 9 13) ... Abandonment of the home by the resident ................... . ............. _ .. _ ..........9 14) ... Removal of home at residents decision..................................... .........................9 15)...Removal of home by Community owner....... . ...................... . . : ......... . ..........9 16) ... Disclosure statements .............................. ....................................................10 17) ... Non-waiver ............... ........._ -............... ........ .................... .........................10 18)...Legal fees, court fees, attorney s ............. .....:............................................10 19).-Survivorship ........................... .... .......... ° ............................ -........ 10 20) ... Community Standards. .................. -..........................11 21)...Amendments, changes, UA* .................... ........................................................ 11 22) ... Required residents ................. ..........................................11 23)...Notices ................... .... ........ .. .............................. . .................11 24)..-Application of^esidency ............ .........................................................11 25) ... Residents personal pro*ty........................ .....................................................11 26)..Cornn u Wy owners liability .............:........................................ • .. • ................11 27)..OFAC................ ....... .................. ................ .......................................................................12 28)...Parties bound/se page..... ............ ......................................................12 ?.e4; crTs ni*ials LEIBYS Manufactured Home Community 7075 CARLISLE PIKE CARLISLE, PA 17015 717-697-1321 PENNSYLVANIA LOT RENTAj n FARE AGREEMENT This is a Rental Agreement made and entered into this 1 T-r day of r - &&?},? , 01a , by and between LEIBYS MHC, LLC, hereinafter "Community Owner", and ezii?Z? hereinafter "Resident". In consideration of the mutual covenants hereinafter expressed, and in compliance with the requirements of "The Mobile Home Rights Act of 1976" also known as "Act 261" governing the relationship between Resident and Community Owner, the parties hereto agree as follows: 1. DESCRIPTION OF PROPERTY TO BE RENTEDJLEASED; Community Owner hereby rents unto Resident and Resident rents from Community er, Manufactured Home Space; Lot #: ,38 and address: ?y eeV _2 !gg d 4 ?ypz- to be used and occupied only for residential purposes. The Resident rents a plot of ground within the community described as follows: Approximate Length (These are only approximate and are not legAtty binding): ?p f The ground from the inner edge of the front sidewalk or roadway to the lot line to the rear of the mobile home. Approximate Width (These are only approximate and are not legally binding): 1// 2. TERM This is a Month-to-Month Rental Agreement: The term of the Rental/Lease Agreement shall commence the-,-L day of l?¢ 20j?, and continue in full force and effect for a period of one month and month-to-month thereaf ter st rting on the first day of the month and concluding on the last day of the month. However, either Community Owner or Resident may terminate this Rental/Lease Agreement as of the end of the initial term or any extension thereof by giving at least Thirty (30) days' prior written notice to the other. In the event Resident occupies the aforesaid space prior to the beginning date, the rent for such prior occupancy shall be prorated and all revenants/obligations shall be in effeft during the prorated period. Occupancy is defined as the date this ?ntavL,e Hgree en s aq/?? e 's SI a Date Resident's Signatur Date K.es'dents initials 3. RENTAL AMOUNT AND PAYMENT TERMS Resident agrees to pay a monthly base lot rent fee of S per month due on or before the first day of each month without notice to the Community Owner. This amount is based on two occupants per home. Any more than two occupants per home will incur an additional charge per occupant. All rents and other payments will be made at the Community Office or a place designated by the Community Owner. All rent will be made payable to Leiby's MHC. When made, all payments will be applied to past due amounts first in the following manner: Late, court, utility, and "other" fees first, COS payment second, and rent payment last for that particular month which is most delinquent. If any portion of the base rent, COS, utilities, late/court fees, or "other" charges or assessments are not paid by the fifth (5'') of the month, a late fee of Fifty (50.00) dollars will be charged for that month. Community Owner reserves the right to take legal action against the Resident for non-payment of rent after the first (?) of the month should the rents not be paid AND the situation warrants this action. A Twenty Five (25) dollar fee will be charged on all checks that are returned by a bank for any reason. Should a resident have two checks returned by a bank for any reason during the period of the lease, Community Owner will require future payments made by or on behalf of that Resident to be either certified check or money order only. All rents are to be paid by a check or money order only. No cash will be accepted at the Community office. Rents will only be considered paid when they are in the Community office. Other monthly charges due on or before the First (1") of the month include but are not limited to: UTILITIES: All charges are based on a monthly charge unless otherwise noted. An administrative fee, mailing fee, billing fee, meter reading fee, or similar fee may be charged and/or included with the utility charges/fees. Water: Included in base rent A flat fee of per month Resident billed directly by utility company Sub-metered, usage billed to the Resident based on the amount of gallons used Sewer: Included in base rent _A flat fee of / 9.pU per month Resident billed directly by utility company Sub-metered, usage billed to the Resident based on the amount of gallons used Trash: Included in base rent _A flat fee of / 5/, 4p per month Resident billed directly by utility company/waste hauler Taxes: Included in the base rent A flat fee of per month Resident billed directly by the taxing authority unless otherwise noted Pet Fee: A flat fee of per month per pet Other: Residents Initials c Any charges billed to the Resident as described and permitted by this RentaYlAmse Agreement and or the Community Standards, will be due when the next rent installment is due and will be considered as part of the rent due. Total monthly rents/charges due and owing on before the first (Iof mocnth for lot #known as.3' and Rented by-? ' S? is $ .3-T94 UU per month. List other monthly charge to be billed to Resident based on usage: Wa it Et' _IS_1r U/ EO- Community Owner may at it's sole discretion adjust monthly rents aa&or o °a Tbky {301,&y written notice of such to the Resident. 4. SECURM DEPOSIT Upon execution of the Reut d1l ease Agreement, Resident agrees to pad i?naity Owner the first month's rent in advance in the amount as staffed herein, and a„security deposit in the'a mt of S ;2 97 The security deposit will not be returned to the Resident if the Resident does not ommunity Owner a minimum of Thirty (30) days written notice bf the Resides inLmtionc to termin the Luse Agreement. Resident shall not use any pert of the. itaurity deposit as pynxnt of rears stir other charges until the RenudAl ease Agreement has been tef , by evidence " the- Residues absence from the Community and/or removal of the home from the lot it bed` by the te6w of this Ren aKAm Agreement. The security deposit may be applied by the eominw. Owner towar& duy mart delinquency or other charges which may have occun+ed at t ion of th $t*a R.ease went. It is the responsibft of the Resident to provide the Comimmityk caner with a l atdang #16= for the return of my monies which might be owed. Total amount o£ecurityDeposit on file S '. Gp 5. MAMNACTUAW HOME DESCRWnON Resident agrees to rent the ,101 =on which do place hislhea manufactw+ed hone of the following description on the space agreed to above: MaiW-- <E Year 1 Q Q? in Color Serial Number. Model I..egal owners name as it appears on the We 4W,AE9 Finance Company (If any) Contact number T Residents Initials, 6. USE OF RENTED SITE/COMMON AREAS A Occupancy- The Resident shall occupy the demised premises only for the use of placing a manufactured home for his/her own dwelling purposes. Occupancy will be limited to two (2) persons per bedroom. The manufactured home may only be occupied by those individuals who appear on the rental application, the -** agreement, community sWAwds/niles, and have been approved to live in the community. The primary nmdividu o i`'t title must reside in the manufactured home. B Resident information- The resident agree to provide the Community - fornmation pertaining to all occupants residing in the mobile home and other information mimed o4wo rinnu+'Owner. C Sublease/Subletting The Resident shall not assign this RentaVLease Agreement or sublet the prey or any part thereof. The site shall be occupied by only those person(s) adlbse names 'per on the Ret>^.eaAgreement. The Resident shall not put the manuf ed home or the premise .pow of another party the home is on the rented lot without the prior written approval of the Com nu Vz Y Owner may at its sole discretion rent homes within the Community that are Community owned. D Resident shall not make any alterations, o0 ovements on any:` or any manufactured home located thereon without first obtaining the of the 6"6r to the prior a Cornmmuty pursuant procedures more fully set forth in the Community Standards, E All Residents, Guests, or ' shall . xance a: czddplisace with all Federal, State, and Local statutes, ordinances, rules and regal `Comm and A violation of any of these aforementioned will be deemed a violation of your F All pets must be approvpnd regi ` 5 the anger PRIOR to the pet being allowed within the Community. Resident agrees to 00141y with all' lations set forth by the Community Standards including the completion and signing?bf a pet agreement. G No Resident shall interfere witk another resided desire to enjoy the Community in a iawfiil and respective manner. Loud and profane. language will not be permitted in the Community. Stereos and televisions will be kept to a level as not to disturb or be. heard on another residential lot within the community. The playing of "Loud" musical instruments such as drums are strictly prohibit A T le Resident is responsible for all actions of their children, guests, or invitees-While in the Community. 7. VEHICLES All vehicles widl the edi munity must be registered, currently licensed, have current valid inspection, operable, in good repair, and propeiblsured- All vehicles and conduct pertaining with or to vehicles as outlined in section Eight (8) of the Community Standards will be strictly enforced and Resident agrees to abide by all terms and conditions contained therein. 8. SALE OR TRANSFER OF OWNNtSHII7i'1TLE All Residents of the Community must be approved prior to the purchase of-a Jx me within the Community by the Community Management. Residents are required to give a written Thirty (34) day notice of intent to sell the Residents home. Residents and or prospective Residents agree(s) to all terns set forth in sections one (1), Two (2), Three (3), and Residents Initials Y T .e. Four (4) of the Community Standards pertaining to the resale and ownfer of ownership of a home. 9. HOME AND LOT MAINTENANCE All residents must keep their lot and home in a well kept manor. The lot must be mahnainod in accordance with the Community Standards so as to present a neat and attractive site. Failure of the tenant to do so may result in the Community Owner performing such up keep at the Residents expense. All items not in us&'must be stored away. The patio and decks are for lawn furniture;, barbeque grills, and the lice. This area is not to Cdr] * open storage. Homes and any accessory buildings/structures are to be kept in a goad condition. T teriar of any structure needs maintenance from time to time which is the sole responmMity of the Resident. Any wishing to paint their home or being required to by the Community Owner shall do so with an approved color. F - of your home is a breach of lease. No trash or rubbish will be permitted to aocumula s`round - You r Any plantings or digging of any kind must be done after written consent of the Community Owner. AAyone who foregoes this consent, will be held liable for any damage to undergmand utilities and holds the Cwunank- Owner and their agents harmless. If any Resident has a coatractor wakmgfoaeir lot or home, said contracto?r'rmY?lst have liability insurance coverage for such work. Resident agrees to notify Owneir of any defective tonditiions in the Community immediately. 10. GENERAL A) Resident agrees to dispose of all rubbish, garbage and o 6w_ waste materials in a clean and sanitary manner. Resident agrees to pay for telephone, elechift, taxes, oil and j ,. 'and g collection charges due for ? services to the premises during the term of this R' or any extension thereof. Resident agrees to be responsible for the connection and fiance of el between il?e pole and the manu&ckwed home. B) If the manufactured home located ue lot is rrart1*4he Reent, the Resident is responsible for keeping the home and all of its parts inchm:bumt not I to, Phan cooking, refrigeatian equipment, and electrical fixtures in a rented manufireCinecl .lyome unit i` ¢:clean and condition. The Resident is responsible for the exercise of reasonable cafi in their proper use. E attaries for the smoke detectors in the rented homes must be serviced regularly by the Resident C) All Residents, guest's, invitee's, or family memmbers must abide by all of the Community Standards concerning the use, occupation, and maitteturd? of the premis* either incorporated by resfeermce in this RemtaMLA=se Agreement, referenced in the Corn munity Standards, or %bught to Residenes aMwtion at the time of the execution of this Rental/tem Agreement. D) 71ae Resident hereby agrees that he/she will abide by AND sign the Community Standards as attached bereto, and incorporated lerein by reference;-as well as any additional or amended Rules which may be changed, altered, or enacted with proper notice as required by law. Thirty (30) days' written notice of the change in the Rules will be given to the Resident prior to the effectiveAde of the revisions. The Resident umdetstands that violaters of these Ru_ 'ommunity Standards shall aairemch of this Rem W Agreement and be wvunds for termination of the RentaMmse Agreement. E) The Resident shall not permit odes in the manufactured home unit without his/her consent nor shall the Resident allow others to willfully or wantonly disturb the peaceful enjoyment of the premises of other Residents and neighbors. F) Guests staying with the Resident for a period of over ten (10) days must apply and be registered with Community Management, and the length of the stay must be approved. All guests must abide 'by Community Standards, and any infraction of the Community Standards will be considered grounds to require the guest to immediately leave the Community. The Resident is responsible for the actions and conduct of invited guests and occupe nts. Any breach of the Residents Initials Rental/Lease Agreement or the Community Standards by invited guests or occupants shall be deemed to be a breach by the Resident and may constitute grounds for an action for summary possession or eviction. G) The Resident agrees that the Community Owner and the Community Ownees agents, employees, or other representatives, shall have the right to enter into and upon the said premises consisting of the lot which is the subject of this RentaVLease Agreement, or any part temf, at all reasonable hours, for the purpose of examining the same or making such repairs or alterations therein as may be necessary far the safety and preservation thereof. This clause shall not be deemed to be a covenant with the Community Owner nor be construed to create an bion, on the part of the Community Owner to make such inspections or repairs. If the Resident is also hftw&Ctured home, then the Resident authorizes Community Owner, its agents, employees or other Acl - AVUMMU tD eRW into the home for the purpose of maintenance or to show the home to a prospective purchaser or rentej after" not= as required by law. H) Residentmay not place any aboveground or rmde gromhd storage to vn the pr'iiW105 written consent of the Community Owner. It shall be the Residents sole responslk* to comply with all existing rid future statutes, rules, regulations, ordinances, and orders related to the storage tanks (ji0pl tiding pipes and equipment tonnected thereto) on the premises, and to keep and maintain the tanks in good,c6ndition rghair, such *kllwy da rt'leak or present any harm or threat of harm whatsoever to the Pr+emr the '' public sa y and welfare, bdr foie emkonment. Resident shall indemnify and hold harmless Community Ownew- and all expenses, liabilities, or costs of any kind or nature, including attorney's fees, arising out of, caused by, or 1 ti any way to Resident's installation, ownership, operation, maintenance, or closure of the storpgu tanks. Upon tennm fi m this Reutal/1"se Agreement, Community Owner may at its sole discretion require (p remove the tanks and restore the Premises back to the original conditions. A vWlatiaaa of "`Sectien a ItW Agreement. In addition to any other remedies ? le, upon l s dean's fi ilure to cm* with this Section or obtain the Community Owner's approval to maintain the Pre unity Owner may, but is not obligated to, (1) order the Resident to remove or repair tl>qvtank t site, (2) warmg its right to indemnification or to pursue any remedies available, n'rnovn! repair the' restore the itself at the Residents expense, and/or (3) terminate this Reuel Agreelaed€ =nnsnmity shall bin ri ght to the Premises to ensure bqmd compliance with this Section. _ 11. INSTALLATION All new homes to the community must be MSWW all local, state, and federal building codes that apply. A building permit is requit td and a third party inspection roust be performed as a condition of occupancy whether the local building codes office requires such inspections osuat. A copy of said inspection and building permit must be provided to the Community Owner on demand. Any contracr;waking in the Community is required to have insurance coverage in an amount that is commonly deem:as accepW for the type of work being complete& a): All homes must have an approved fge&r system to prevent ficw heave and meet all building codes and be set up by a-licensed contractor- b) AM homes must be tied down in accordance with the manufactures requirements or the UCC code which ever is more stringent: c) All homes must be sidde. d with materials specifically manufactured for use as mobile horde skirting only. All materials must be approved by;d a Community Owner prior to the installation of such materials. d) Utilities mVt be haelted up in a workmanship like manor as to be neat and pass all building cafes pertaining to such installation. The wailer line must have a shut off valve at the home, a back flow pmveaW valve installed, and a heating tape. e) Steps (Which are considered a part of the home structure) must be built to meet local cocks and must have a four (4) foot by four (4) foot landing. Any deck larger than this must have approval from the Community Owner prior to the construction of said stepsideek. The granting of a permit by a local building inspector does not represent permission by the Community Owner to construct a non-compliant structure. f) No deck, patio, or carport may be enclosed by any materials as to provide another room to the structure. g) No fences are allowed on a Residents lot unless it is placed there by the Community Owner. h) Additional structures (Sheds, gazebos, carports, etc) shall be held in strict compliance with the Community r .. j Residents Initials Standards. 12. TERMINATION OF THE RF14TAL AGRF.Eb T This RenblAA a Agrexment shat! be terminated by eidw party with a Thirty (30) day written notice from the date of service and in accordance with all applicable law. Faihve on the Residents be haff o give written notice, will negate any monies held as a security deposit from being returned to the Resident. A violation of the Lease Agreement or of the "Community Standards" will be groamds for the tcxnamatian of the met. It is agreed to by the Resident that the premises will be returned to the Community Owner in the same cond ion or batter conditions than when received with the exception of reasonable and ordinarily accepted wear. 13. ABANDONMENT Ol? HOME BY THE RESID If any manufactured home is left abandoned in this C mmunity y period of thirty (30) days or mdr the Community Management may enter the home, secure any loose or materials or stipplies, and move the home to a storage area or other location at the, Residenrs expense T e' i be considered abandoned if no one is living in the home, the rent is not paid in full, and if !&q of the following, water; sager, electricity, phone, TV cable, and mail delivery, have been dim or services tomww& . The Commnumity ?+A have no responsibility for safeguarding the mamufactm ed home or its c ontcntsrr rdkss ? the home has b moved or not. Any Resident who abandons their mobile home on our '11 be sublec,#o^ll remedies afiailable to Community Owner for the removal of said home, clean up of the rents "s tLe Leased property until a time than the lot is made to a condition of being able to be hrtsed 1 rp? fees, will continue to accrue as long as the home remains on the rented lot. 14. REMOVAL OF HOME, FA39MN A. The Resident is regnki d to submit to the ofI•icedb that the manufactured tteene is to be moved from the day written notice, said *Wmt will l surged for an all Thirty (30) days' prior tD any home being moved, a notice ty. If resident fails to give Commumity Owner a thirty (30) al months rent. B. The Resident must advise the, office who wig-bee moving the home from the Community, the exact date it will be moved, and who will be preparing>Yhe home fiw removal (disconnecting the water, sewer and electrical lines). The Community Manager must give the final appeal that all lines have been properly disconnected before the home may be pulled off of the lot. C. The maw home ahaftot h'e denefi "on the lot. D. All provisior?s`tfthe Comnity Standards will be strictly enforced in reference to the removal of a home from the community. 15. REMOVAL OF AM?fflffACTtM= HOME BY 0011 MILRI tTY OWNER Management shall have the right to require the removal of any manufactured home when the following exists: A. Home has been left in disrepair by the Resident after written notice was given to repair. (This is primarily in regard to exterior condition of home, shed, awnings, porches, skirting, etc.) Residents Initials G'. . B. The rented lot is in disrepair in so far as items are shored haphazardly around yard and/or on porches, etc., after written notice has been ;riven to clean up. C. Hazardous conditions exist and have not been corrected after written notice has been given in regard to, but not limited to: electrical, plumbing, and heating systems. D. The manufactured home is vacant even if the lot rental is shill being paid and if the owner of the manufactured ham is not making a sincere effort to sell the home. A sincere effort to sell home would be: having home listed with any service by signing a written agreement; placing classified ads in local papers on a reg l s`.to "sell by owner", and having a "For Sale" sign displayed in the window E. The manufactured home has been abandoned as more fully set forth in Section 3 ` of the Community Standards and section 13 of the lease, Abandonment of Nome by the Resident. - F. Community Owner has been granted summary possession by a court of ctor6petent jurisdiction. 16. DISCLOSURE STATLMEN'f"S Resident hereby states that he/she has been advised of the follovriog A. That the Resident is aware of the specific identification of the site being reined. B. That the Resident is aware of and accepts the amount of rea>t-due for each monthly ins tallroent. C. That the Resident is aware of and aces m nount ofa i charge that may be levied against the Resident con wdw-r a Leas D. That the Resident understands a §ice, facility, 'lily servi that the Resident has had clearly i availabr proposed site in order to assn ralU - oper anM1d giuate ' , returned check fee, or other assessment or Mrat the Community Owner will provide, and connection fees for all utility services at the ies and of the manufactured home. E. That the Resident has received a._description of stay termination or renewal options as set forth in this RentalALease Agreement. F. Resident hereby states, that ;he/she has received the following parts of this Rental/Lease Agreement and understands said parts and that the listed party are u er+ein and become a part of the Rental/Lease Amt as is fully set forth herein: Part I A copy of this Rentalll.ease Areement Part 2 A copy of Leiby's MW Commu pity Standards Pwt'3 A copy of Act 261 known is The Mobile Home rights Act 17. NON-WEIR The acceptance of ma by the Community Owner is not deemed as a waiver of any rights or remedies for a breach or subsequent breach by t s?ident of this RentallLease Agreement or the Community Standards. 1& LEGAL FEES. COURT FEES ANINOR ATTORNEY SEES Community Owner shall charge in accordance with the law, any attorney's fees, court costs, and other reasonable costs incwTed by the Community Owner as a result of upholding, enforcing, or obtaining compliance of this Rental/Lease Agreement or the Community Standards as a result of a breach or defnih on behalf of the Resident. Residents Initials 19. SURVIVORSHIP This Lease Agreement is binding upon the successors, assigns, heirs, lien holders, agents, executors and administrators of the Resident. 20. C0k1IMUNIlTY STANDARDS MUM AND REGDLATWM The Community Standards (Also known as the Rules and Regulations) are a condition of this Rental/ esse Agreement and to which all residents, guest's, invitee's, and othen must comply with as a eonditioet . A IgREAGH OF MEANS AU&V_V p BYLAW. All residents are responsible for the actions 'tee's. By the resident signing of this lease, said resident ackrnowvlodges receipt of Car ity -M- `y'ane on the date of signing and to fully comply with these Community Standards oi amended Standard that the immunity Owner may implement at a future time. 21. AMENDS CHANGES. UPDATES Community Owner may at its dim chamge, update, and/or amend Ai* of the RentaYLease Agreement or Community Standards with a thirty (30) day written notice to the Resident as required-b§??law. 22. REQX II RESIDENT Il?iSURANCE ,; Community Owner does not carry insaft" to i property against loss including but not limited to fire, theft, vandalism, acts or other resident is required to carry insnuuunce against loss and lialn`lity. Resident muide proof o ' surance condition of occupancy. 23. NOTICES Any contractual oblugallOns or special permissrn it ption 4 use must be in a written form from the Community Owner. Any deviatida of the Community Staundar+dst: by Community Owner or the agent thereof must be in writing. 24. APPLICATION OF RENCY All persons seeking residency in t1?fommfty are required to complete an application for residency. Any prospective Resident -who falsifies any part of the> document will be denied resident' from the Community and if such falsifications are discovered after residey has been granted, residency status will be revoked and the Resident will be evicted firim true community. Any one residing in the community without being granted approval by the Community Owner will be-considered a trespaier and be dealt with as such. 25. RESIDENTSj1lll, PROPERTY Community Owner.-,-shall not be responsible for any personal property left in the community upon termination, surrender, or abandonment of the premises. Fnrflxrntore, Community Owner shall not be liable for the storage or disposition of any residents personal property. s Residents Initials cl) ' 26. C011IlYIUNTI'Y OWNERS LIABE UTY Community Owner shall not be liable to any Resided Residents invitees, guests, family, or employees of the premises for any injuries, deaths, or damage to life or property caused by deflects, disrepair, or faulty construction of the premises except where as provided by law. Community Owner shall be held harmless of any liability arising from death or damages by such incidents but not limited to fires, floods, storms, falling trees or branches, vandalism, criminal activity, explosion, rain, or other scenarios beyond the Community Owners control. 27. OFAC Resident does hereby represent that neither Resident or any person who resides ar is proposed ,? reside with the Resident in the community is or will be a Prohibited Person, as that term bwcoarm w Person" is any entity, person or party- that is listed in the Annex to, or is otherwise tiu a' Order 13224 issued on September 24, 2001 (E013224); whose name appears ion ` e United States Treasury I ment's Office of Foreign Assets Control (OFAC) most current list of "Specifically I igoaited National and BlocludPersons" (Which list may be published from time to time in various mediun& inchAbibut not limited tE? tLe O3, 1?C website, http www.t vas.gov/ofarAl lsdn.pdf) (the OFAC list); who comophs. threatens to commit; or s ,C ?sm," as that term is defined in EO 13224; or who is otherwise &Miated-w t y qty lw Orson listed above. 28. PARTIES BOUND This Rental Agreement shall be binding uponAepai*es hea+eto. Signed with our hands and seals the day, month and WITNESS WITNESS - LMMYS MHC, LLC LIST ALA:. OTHER OCCUPANTS TO RESIDE IN THE HOME 05 CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Complaint upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, Pennsylvania, addressed as follows: Kimberly L. Tracey 33 Key Largo Drive Carlisle, PA 17015 Oscar T. Robinson, Sr. 33 Key Largo Drive Carlisle, PA 17015 Date: November 10 , 2010 at Mechanicsburg, ?V Andrew C. Sheely, squire • • IN THE COURT OF COAMON PLEAS OF CUMB ERLAND COUNTY,PENNSYhVANIA CAR11SLE, PENNS XLVkNI A ) rn LEIBY' S MHC,LLC, Mr" T/A AND D/B/A 10-6741 LEIBY'S MOBILE HumE PARK, ? o , o Plaintiff, CIVIL ACTION © . -LAV -a vs. C ? 2 3 CD-Tv c KIMBERLY, L. TRACEY and, C? ?'.fr i OSCAR T. ROBINSOA v SR• / • -»+ ) CA' `' Defendants, .a DEFENDANTS RESPONSE TO COmPLnINT FILED 11/10/10 BY PLAINTIFF AND DEFENDANTS REQUEST FOR A STAY OF ANY TYPE OF EXECUTION AND/OR EJ,NCTMENT ORDER P.P;NDING A FIlvAl HEARING IN THIS MATTEtt SUBMITTED IN GOOD FAITH, IN FORMA PAWPERIS T ka). The Defendants objects to set forth on pages 1 through 2 Plaintiff on 11/10/10 in this state's the following. 11/10/10 BY ThE the statements and accusations of the Complaint filed by the case. The .Defendants further 1. Th e Defendants object and deny any and all claims set forth by the Plaintiff in count 1, entitled Breach Of Lease Agreement set out on pages 3 and a portion of page 4. of the Complaint. 2. The Uefendants object and deny the claims set forth in Gount 2 of the Complaint filed on 11/10/10 in the section entitled Ejectment on page 4. 3. The Defendants object to and deny any and all claims set forth by the Plaintiff's in that section marked and entitled Civil Trespass on page 5 of aforesaid Complaint. 4. The Defendants object and deny any and all claims set forth in Count 4 of the Complaint filed in this case by the Plaintiff, entitled Unjust Enrichment on page 6. ADDITIONAL DENIALS • 1. THE PLAINTIFF IN THIS CASE LEIBY' S MHC, LLC T/A AND D/B/A LEIBY'S MOBILE aOME PARR IS 1vOT LEGALLY QUALI vIED TO CLAItn RENT VIOLATIONS IN `i'HIS CASE AND IS NOT THE PROPER OWNERS AND THUS HAS NO STANDING Page l3). TO CHALLENGE RENT VIOLATIONS ! THIS CASE. 1. The lefendants contend that the Plaintiff in this case has no standing to challenge rent violations because it isn't the proper owners, and their named being used is a fictious fraud and t ends to hide the name of the r eal owners who seems to be using this Mobile Park Scheme as a money :Laundrying type of operation. 2. The Defendants contend that the real owners of this mobile Home Park is the CARLYT.E(CAR.LYLE) group a group that is so powerful until it had the power to fire in a sense ex-President George Bush,Jr. who had been on the board at such group. 3 . The uefendants contends that the Plaintiff in this case has went beyond the norm wher ecertain responsible people in charge of the operation of this mobile home Park went behind th(e) back of the Uefendants and slandered their names and their reputation with other residents in this Mobile Home Park. RELIEF R,EQUESTFM: 1. The .Defendants move the Court for a Court Order so ordering that a full and meaningful hearing be held in this case with all parties being present to further clarify the issues set out in this case and to further determine if the Plaintiff is the proper party with the pzn#pxzz 1 egal authority to bring this action against the Defendants. 2. The uefendants respectfully move this honorable Court that an order will issue forthwith staying any and all types of ejectment executio ns including any other orders of execution. wherefore this action is now submitted good faith and the Defendants will forever pray. Date: 11/10/10 Respectfull m r y c ey_ scar Timothy RQbAnson,sr. E page(4). VERIFICATION • • NOW COMES , the undersign ed, who certifies that the facts as set forth in the foregoing response to Wmplaint filed by Plaintiff is true and correct to the best of their own knowledge and beliefs. This certification is filed and made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsifi- cations to authorities,and pursuant to the Pennsylvania Rules of Civil Procedures. 1)at e : 11/10/10 hespec iagek%). UERTIFIUATE OF SERVICE NOW comes the defendants who hereby declare under the penalties of perjury that they have caused to be served upon the uounsel of the Plaintiff at the below given address a true and complete copy of this legal action Response To The Uomplaint fil ed by Plaintiff by placing the same into the hands of a Clerk at the Uivil court section of The Court of Common Pleas For Cumberland uounty,Penn i Carlisle,PA. Date; 11/10/10 Respectfully y car TImotny Rpopson, 1] • .+ LEIBY'S M.H.C., LLC, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY L. TRACEY AND OSCAR T. ROBINSON, SR., DEFENDANT 10-6741 CIVIL TERM ORDER OF COURT AND NOW, this 3 day of December, 2010, the hearing request of Defendants, Kimberly L. Tracey and Oscar T. Robinson, Sr., is DENIED. Defendants' allegations are patently ridiculous and inappropriate for this court's consideration. Defendants shall cease filing such frivolous motions or be subject to appropriate sanctions as determined by this court. By the Court, Albe H. Masland, J. Andrew C. Sheely, Esquire For Plaintiff Kimberly L. Tracey, Pro se 33 Key Largo Drive Carlisle, PA 17015 scar Timothy Robinson, Pro se 33 Key Largo Drive Carlisle, PA 17015 r _ s,. :saa ? E5 t? ru Andrew C. Shealy, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) FILE -O -(0E- ..' _F E F' R - Vr' 1' M) i, 2011 JAN 18 PPS 4: 0 " €'ENNSYLVA11"i LEIBY' S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF T/A AND DB/A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY' S MOBILE HOME PARK, Plaintiff vs. :10 -6741 KIMBERLY L. TRACEY and, : CIVIL ACTION - LAW OSCAR T. ROBINSON, SR. Defendants PRAECIPE TO SATISFY. SETTLE AND DISCONTINUE TO: DAVID D. BUELL, PROTHONOTARY, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 Kindly mark the above-captioned matter settled, satisfied and discontinued. Date: January 2011 Andrew C. Sheely, Esquire Leiby's MHC, LLC, t/a and d/b/a Leiby's Mobile Home Park, Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, Pennsylvania 17055 717-697-7050 717-697-7065 (fax)