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HomeMy WebLinkAbout12-2964f tJ COMMON PLEAS No. q ?1v` I NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM II DISTRICT JUSTICE JUDGMENT Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT MAGG. DIST. NO. NAMES OF D.J. / ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF 'Delend", DOCKET No. I SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was '.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon 1 ! appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. S0!0" of ap?*Mnt o7attomey or agent RULE: To l?Jv n 7l'LJ / l 1 C I? y r' (mil/ ? _.? ? • appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date -- Sgnakm of Prothonotary or D" ,20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE I OZ uo saildxa uolsslwwoo AVI lell.woto apl1 lueiye/o ain?eubiS apew seas pnepiye woq,m aio/agjer9ryop ainjeubiS OZ' -?O AVC] SIHl 3W 3bOd38 a39wos9f1S ONb (03WHI-AJ /) (N2IOMS) 'olajag pagoepe ldlaoaj s,aapuas -pew (paialsl6ai) (paipliao) Aq in ao{naas leuosiad Aq OZ' uo ' (aweu) 'aalladde agl uodn pue 'olaiag pagoelle idlaoai s,japues I!ew (paialsl6ai) (pallipoo) Aq aoinJas leuosiad Aq oz ' (aouwas;o alep) r 17' uo ulWagl p91eu6lsap amisnr loulsi(]agl uodn ' seald uowwo0 'leaddy;o aolloN agl;o Adoo e panuas I legl (w.nye) (jeams) Agajaq I :llAVa1=I3t1 ss ` 30 kiNnoo VINVAI/kSNN3d 30 H1ld3MNOWWOO (saxoq algeogdde )foayj leadde to aogou aql jo burly 21313b' .3AV(7 (01) N31 N/H11M 03713 391SoPV aoliuas jo jooid slgl) 1NIVIdWOO 3113 Ol gind ONb lVgddV 30 3311ON dO 3O1A83S 30 goodd COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-03 MDJ Name Honorable Susan K. Day Address: 229 Mill Street P.O. Box '167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Amy Ellen Hirakis, Esq. Midpenn Legal Services 401 E Louther St Ste 103 Carlisle, PA 17013 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Disposition Summary Docket No Plaintiff Defendant MJ-09303-LT-0000037-2012 Country Manor West Eva Ordo Judgment Summary Participant Joint/Several Liability Individual Liability Country Manor West $0.00 $0.00 Eva Ordo $0.00 $50088 Country Manor West V. Eva Ordo Docket No: MJ-09303-LT-0000037-2012 Case Filed: :3/12/2012 Yes No Disposition Disposition Date Judgment for Plaintiff 05/02/2012 Amount $0.00 $500.88 Judgment Detail (*Post J udgment) In the matter of Country Manor West vs. Eva Ordo on 5/02/2012 the disposition is Judgment for Plaintiff and judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $371.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $0.00 $95.50 $95 50 Server Fees $0.00 $34.38 $34.38 Rent in Arrears $0.00 $371.00 $371 00 Grand Total: $500.88 Portion of judgment for physical damages arising out of residential lease: $0.00 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315A Page 1 of 3 Printed: 05/02/2012 3:27:36PM ?Ax Countru Manor West Docket No.: MJ-09303-LT-0000037-2012 V. Eve Ordo Participant List Private(s) Joseph N. Gothie, Esq. Gothie Van Allen Llc 111 E Market St Ste 101 York, PA 17401 Amy Ellen Hirakis, Esq. Midpenn Legal Services 401 E Luther St Ste 103 Carlisle. PA 17013 Plaintiff(s) Country Manor West 2 Apple Alley Carlisle, PA 17015 Defendant(s) Eva Ordo 72 Cherry Lane Carlisle PA 17015 Mn.ls 315A Page 3 of 3 Printed 05/02/2012 3 27.38PM PLAINTIFF: NAME and ADDRESS DEFENDANT: ?. tJ vs. NAME and ADDRESS TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) C_'-h '7v -(print name and address here), have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the judgment for rent awarded by the magisterial district court. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in firma pauperis (I FP) affidavit to verify this. I havp?heyq 449f (cross out the one that does not apply) paid the rent this month. I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ;-A/./_ - Date ''?ATURE OF T`E`NANT AOPC 312-08 (B) t =J _. `y IN TH3 ? I 4br! COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. !ray i NO. CIVIL TERM Defendant PETITION TO PROCEED IN FORMA PAUPERIS i The Petitioner, U? LJ J v , in the above-captioned matter respectfully petitions this Court for permission to proceed in forma pauperis. As set forth in the attached Affidavit, which is incorporated herein by reference, Petitioner is unable to pay the fees and costs necessary to commence these proceedings. WHEREFORE, Petitioner requests that this Court enter an order permitting her to proceed in forma pauperis. Date Petitioner jYq, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL TERM Defendants AFFIDAVIT IN SUPPORT OF PETITION TO PROCEED IN FORMA PAUPERIS 1. 1 am the Defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Vet U;CJ (b) Address: 7 '-( If you are presently employed, state Employer: Address: Salary or wages per month: Type of work: /!/?/ If you are presently unemployed, state Date of last employment: -?_?? Salary or wages per month: Type of work: : `, ter? ?: (c) Other income within the past twelve months Business or profession: A,;' Other self-employment: Interest: /V1A Dividends: Qj'6' Pension and annuities: Social Security benefits: it Support payments: /V f/- Disability payments: ; U Unemployment compensation and supplemental benefits: Workman's compensation: /L// j Public Assistance: I Other: (d) Other contributions to household support (Wife)(Husband) Name: If your (husband) (wife) is employed, state Employer: Salary or wages per month: /J// Type' of work: A)Zg Contributions from children: ?,i 1= (e) Property owned Cash: Checking Account: Savings Account: ac/Z,?' Certificates of Deposit: Real Estate (including home) : Motor vehicle: Make Year y y U Cost ? U Amount owed Ic..-' Stocks; bonds: Other: Jr (f) Debts and obligations Mortgage: Rent: r Loans: IV (}? Monthly Expenses:' L (g) Persons dependent upon you for support f n (Wife) (Husband) Name: Children, if any: Name: ' : '' Age: ??;' =' 1121/ :) i f, 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances, which would permit me to pay the costs incurred herein. 5. 1 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. 4904, relating to unsworn falsification to authorities. _z Date: / !? ,o L)n- ry (Moor &,C,S-? ; IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ; : NO. 1.).'.94iCIVIL TERM 5-vo O cc) 0 Defendants ORDER OF COURT attache AND NOW this da of 4 2012 upon consider day anon of the c ? g d Petition and Affidavit, the petitioner is allowed to proceed in forma paupPR? BY THE COURT, Judge Distribution Plaintiff: , 1 7a rio r We5-}- Name Address 7bls Defendant: E`va Uf d o ODD" Map Dr We5+ Name - a Lh err Lk e, Address ieg N`(? p k"5 If- P R 1-7 ap ??1(010,-6 6UMMUNVVrJ%L I" OF PI_NNSTLVA IIA COURT OF COMMON PLEAS Judicial District, County Of Cf by , ),, . NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. pC'f (p'1 Gam`' NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NWE of APPELLANT MAG. DIST. NO. - NAME OF D.J. ADDRESS OF APPELLANT CITY n`TE ZIP CODE 7a? aer a La/1t, oladIS1ei YTy l7o, -_' e2 - AP- I Cvr? 4rv Ma n o r G[Jec4- » 4 ?a oar; L, i ooobo 37- ?2_oi,;2- This block will be signed ONLY when this notation is required under Pa. I ant was Claimant . R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after Ning the NOTICE of APPEAL. Stprnhs d ary a owb PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (_?oaa- ? J Ala-ri 0 r Zzl& 5-f- appellee(s), to file a complaint in this appeal Name of appefte(s) (Common Pleas No. J ?? / t0 ! ?}v') within twenty (20) days after service of rule or suffer entry of judgment of non pros. __ ? toraflomeyoragent RULE: To (?qun?y-j Q ao r z /e S4- , appellees) Name of spp"NWs) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) if you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Mn, , 20 /a SOW- OfP-&- "or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERWCE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FRED WTHIN TEN (10y DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that 1 served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (reg4wed) rnail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Tr8a of offidai My commission expires on 20 < i- ? C \j :: a f a-- p} ) -? Q-1 Q- cow 's. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Amy Ellen Hirakis, Esq. Midpenn Legal Services 401 E Louther St Ste 103 Carlisle, PA 17013 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Disposition Summary Docket No Plaintiff Defendant MJ-09303-LT-0000037-2012 Country Manor West Eva Ordo Judgment Summary Notice of Judgment/Transcript Residential Lease Country Manor West V. Eva Ordo Docket No: MJ-09303-LT-0000037-2012 Case Filed: 3/12/2012 Yes No Disposition Judgment for Plaintiff Participant Joint/Several Liability Individual Liability Country Manor West $0.00 $0.00 Eva Ordo $0.00 $500.88 Disposition Date 05/02/2012 Amount $0.00 $500.88 Judgment Detail ("Post Judgment) In the matter of Country Manor West vs. Eva Ordo on 5/02/2012 the disposition is Judgment for Plaintiff and judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $371.00 Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $0.00 $95.50 $95.50 Server Fees $0.00 $34.38 $34.38 Rent in Arrears $0.00 $371.00 $371.00 Grand Total: $500.88 Portion of judgment for physical damages arising out of residential lease: $0.00 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM YHE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315A Page 1 of 3 Printed: 05/02/2012 3:27:38PM Country Manor West V. Eva Ordo Docket No.: MJ-09303-LT-0000037-2012 Participant List Private(s) Joseph N. Gothie, Esq. Gothie Van Allen Llc 111 E Market St Ste 101 York, PA 17401 Amy Ellen Hirakis, Esq. Midpenn Legal Services 401 E Louther St Ste 103 Carlisle, PA 1701£3 Plaintiff(s) Country Manor West 2 Apple Alley Carlisle, PA 17015 Defendant(s) Eva Ordo 72 Cherry Lane Carlisle, PA 17015 MDJS 315A Page 3 of 3 Printed: 05/02/2012 3:27.38PM r_nlUUnWWFO1 T14 OF PENNSYLVANIA COURT OF COMMON PLEAS County Of CUMBERLAND PLAINTIFF: NAME and ADDRESS 1 L.OUrN,_ m nod We54-- -? Pf i7oi? vs. DEFENDANT: NAME and ADDRESS F_ U t-d O 7 a Die r r ? La rt e. C a r-1, 51e , piq l 7ai? -I TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) IV Eva 6'rcl0 7a cke f rvZ (le- (26 r I i,51 C W 1-76 i (print name and address here), have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the judgment for rent awarded by the magisterial district court. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I_ve?MY9 Ot(cross out the one that does not apply) paid the rent this month. I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to.- peftalfies of 18 Ica M Pa.C.S. § 4904, relating to unsworn falsification to authorities. , 7j: C'J K . Date TURE O ANT ' AOPC 312-08 (B) U.S . Post al Ser vice CE RTIF IED MAIL , REC EIPT (Do mestic M ail Only ; No ins urance C overage Pr ovided) For d elive i f i ry n ormat o n visit ou r website a t www.usps .como m r-=; I,- ru rlthe:: ( Q C] Return t,ceipl Fe C7 (Endorsement Require,:: Z . O Restricted Delivery Fee C7 (Endorsement Require S { E3 Total Postage & F-ee<, m ; F!ere V Postal Service TIFIED MAIL, RECEIPT stic Mail Only; No Insurance Coverage Provided) ivery information visit our website at www.usps.t cme a cstaye 1 ` 45? r ' G? ni ed Fee • q C] C3 Return Receipt Fee I 2 ,/ iEndorseme-it Required) 7. • 7J C-3 Restricted Delivery Fee j M ;Endorsement Required) I F , 7J $ Cl ees J Total Postage & rte..,. N ?'vst* C) Here f • - - ent Ta- C3 Sent To p N Oh D?Q y(Q Su S ?? • i?Q ------------------- ------ ----- ?-------)-/•---------- -- h--° r------es ---------------- ------------ '? Street, Apt. No.:? Z? /I , I (1 sT ?j C] or r PO reet Ap Box t. No No.; 2 /C r or POE3oxNo. r r /? OJT` I or - t > City Slate, ZIP+4 ° --------------------- City, State, T_1P+4 A I cad St k i70 AA -t-. RIA S rI ?Sr jo, Ulf" PPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED I NYTHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALT OF PENNS LVANqI COUNTY OF m be (10 (1 ; ss AFFIDAVIT- I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas fa. A , upon the District Justice designated therein on (date of service) 06LV ) ? , 20 ja , ? by personal service ?Vby (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) / ? tdt' (,f,Z? 5?mn fau 20 112, ? by personal services by (certified) (registered) mail, sender's receipt attached hereto. ?J (SWORN) (AFFIRMED) AND UBSCRIBED BEFORE ME THIS It DAY OF WWAA 20J :a Signal re of official befora tahorn affidavit was made Title of official r r' My commi$si"" tt a-on 20 Signature of affiant C7 r,a C' r17co ?Y ?M sa. -•c M r-• Um cA <? ? = 2,p C7 -r :r ?.? tV C : -i CA> COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 3 COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT MAGG.."DIST. NO. NAME OF D.J. '^ - - - -- -- -- ADDRESS OF APPELLANT CITY TTE ZtP CODE rxa ,. -702 1e r,r f iJ t.-?Af 1 9 ' r d I 1 '/f... I ti r e 11 f t^' f i?c.? t 7 ?r €.° ?y.,,Ar vs V° L a `, d t `.? wI DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT IC 7- w s3 4 ?r This block will be signed ONLY when this notation is required under Pa. ff"ffAlillbnt was Claimant . R.C.PD.J. No. 1004(6) in action R.C.P.D.J. No. 10086. o'tThis Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. i .L tt'4' e"" n i b y Siywh-ofAr m-atary -Dopw PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon { appeilee(s), to file a complaint in this appeal Name of appeNee(s) C;L (Common Pleas No. 4) J i) within twenty (20) days after service of rule or suffer entry of judgment of non pros. R ..tee. L* e poFMomey or 09" fp? RULE: To ' .•c? /i t i- ;'E /'i f'- <, , ,F µ appellee(s) Name of 8APSH e(s) You a that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days aftef the.date;of service of this ruse n nu by'personal service or by certified or registered mall. (2) If'yop.do tlot*e-a' comp!pint within this time, a JUDGMENT OF NON PROS MAY !ED`AGA*V f"Yf : (3} ,Tht"? ie'bf sarvri of this rule if service was by mail is the date of the mailing. i w , •: r / Date.a ! Vt' P0 Tom. o f run &Wow," of Pruft-n yy or Depw r YOU MIj1ST IfdtUDeA COPY OF THE NOTICE OF jummENTiTRANSCRIPT FORM= WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION t b U v l'''° Country Manor West, Plaintiff No. 12-2964 Civil V. : CIVIL ACTION-LAW Eva Ordo, Defendant. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Page 1 of 8 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street, Carlisle, Pennsylvania 17013 Phone Number: (717) 249-3166 Page 2 of 8 Daniel F. Schranghamer Attorney I.D. No. 67311 Yun Lee Attorney I.D. No. 312656 800 West Fourth Street, Suite 200 Williamsport, PA 17701 Phone: (570) 567-7261 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Country Manor West, Plaintiff V. Eva Ordo, Defendant. No. 12-2964 Civil CIVIL ACTION-LAW COMPLAINT AND NOW, this day of June, 2012, comes the Plaintiff, Country Manor West, by its attorneys, files this Complaint as follows: 1. Plaintiff, Country Manor West, owns and operates Country Manor West Mobile Home Park ("Park") in Carlisle, PA. 2. Country Manor West has a business address of 2 Apple Alley, Carlisle, PA 17015. 3. Defendant, Eva Ordo, is an adult individual residing in the Park at 72 Cherry Lane, Lot 072, Carlisle, PA 17015. 4. Ms. Ordo owns a mobile home placed on lot No. 072 ("Lot") in the Park. 5. Ms. Ordo rents the Lot from Country Manor West. 6. All relevant facts occurred in Cumberland County, Pennsylvania. Page 3 of 8 7. The amounts in dispute do not exceed the threshold for compulsory arbitration in Cumberland County, Pennsylvania. 8. Ms. Ordo rents the Lot subject to the terms of a written lease ("Lease") and the Park's rules ("Rules"). A true and correct copy of the Lease and the Rules are attached hereto as Exhibit A. 9. The Rules are posted in a prominent and visible location in the Park in compliance with the requirements of the Manufactured Home Community Rights Act. 10. Ms. Ordo violated the terms of the Lease and Rules. 11. Ms. Ordo violated the Lease and the Rules by: • Continuously placing debris and/or refuse on the Lot. • Placing fencing around the Lot. • Storing appliances and/or furniture on the patio and/or around the outside of her mobile home. • Failing to keep her mobile home in a neat and well-maintained manner. 12. Country Manor West served Ms. Ordo rules violation notices in the time frame and manner required by the Manufactured Home Community Rights Act. True and correct copies of the rules violation letters are collectively attached hereto as Exhibit B. 13. Country Manor West served Ms. Ordo a Notice to Quit in compliance with the requirements of the Landlord and Tenant Act of 1951. A true and correct copy of the Notice to Quit is attached hereto as Exhibit C. 14. The monthly rent for the Lot is $371.00 per month, due on or before the first of each month. 15. Ms. Ordo's violations of the Lease and the Rules constitute serious and material breaches of the Lease and the Rules. Page 4 of 8 16. Ms. Ordo, by virtue of the repeated breaches of the Lease and the Rules, is no longer entitled to possession of the Lot, and Country Manor West may recover the Lot from Ms. Ordo pursuant to the remedies available to Country Manor West as a landlord under the Manufactured Home Community Rights Act and the Landlord Tenant Act of 1951. 17. Country Manor West demands the full measure of remedies available to Country Manor West under the Landlord Tenant Act of 1951 and all other relevant laws of the Commonwealth of Pennsylvania, including money damages for rent at the rate of $371.00 per month so long as Ms. Ordo continues to rent the Lot, any late fees that may accrue, costs, interest at the statutory rate, and exclusive possession of the property and forcible removal of Ms. Ordo and her property therefrom. WHEREFORE, Country Manor West respectfully requests that this Court grant judgment in its favor, including granting exclusive possession of the Lot to Country Manor West as against Ms. Ordo, a money judgment for rent, late fees, costs, and interest on all amounts from the date of filing including rent and late fees as such amounts come due. Page 5 of 8 Respectfully submitted, ?t Daniel F. Schranghamer Attorney I.D. No. 67311 Yun Lee Attorney I.D. No. 312656 800 West Fourth Street, Suite 200 Williamsport, PA 17701 Phone: (570) 567-7261 Date: June 4, 2012 Page 6 of 8 VERIFICATION I, Leanne Miller, have read the Complaint and know the contents thereof. The contents of the document are true and correct to the best of my knowledge, except as to those matters alleged on information and belief, and as to those matters, I believe them to be true. I understand that the statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsifications to authorities. L Miller Operations Manager Country Manor West Dated: June !, 2012 Page 7 of 8 CERTIFICATE OF SERVICE I hereby certify that on June +, 2012, I caused a copy of the foregoing document to be served on counsel via first-class United States mail, postage pre-paid, addressed as follows: Eva Ordo 72 Cherry Lane, Lot 072 Carlisle, PA 17013 Yun Lee, Esq. Page 8 of 8 Exhibit A Country Manor West No-2, Apple Alley Carlisle, PA 17015 Phone. (717) 69741900 Manufactured Home Community Lease RULES, REGULATIONS AND AGREEMENTS LEASE BEGINS: day of J U(? 20 LEASE ENDS: 31 day of ,J UC,Y , 2008'_. LANDLORD is COUNTRY MANOR WEST A. TENANT(S): EVA 6916 B. LEASED PROPERTY ADDRESS IS: 7 Z C W / "g- G. TERM OF THE LEASE IS: /''! OA & D. THE LEASE AMOUNT IS $ 7? . 00 morrth. E. MOVE IN DATE. The tenant will move in on: IVIW RE&B-TRATWN AND RENT-. 1. By state law, all residents will be registered at the County Tax Office. 2. Residents may not sublet the premises or any portion or part thereof 3. Rent will be collected on the 1 st of each month at the Office, paid monthly in advance. Residents occupying premises any portion of a month shall constitute a fall month rental. CASH PAYMENTS WILL NOT BE ACCEPTED. Rental payments will be accepted in the form of chaff or money order only. A charge of $1.00 per day will be charged to your account for any Payments received a8er the 5` of Cacti month. If fall late charges are not paid with late rent paymenrt, a $10.00 billing charge will be added to the late charge invoice. 4. Only those who are registered at the Office are permitted to live in the home. Guests living in the home over 15 days must register in the Office. 5. No more than five people per home are permitted. 6. The home must be the owner's principal residence. PETS: In order to minimize any inconvenience to the community residents ro:sultjng from Pets, County Manor West has adopted a strict pet policy. Thee are no exceptions to this policy. Pets are permitted in the community as a privilege for the residents, in accordance with this policy. This privilege may be revoked, on an individual basis, at the discretion of Community Mangy if this policy is not followed. Residents are advised that failure to adhere to this policy could lead to legal action, which may include eviction from the community. I . There is a maximum of two pets per household allowed. 2. Aggressive breeds of dogs, including, but riot limited to, Pit Bull Terricr, Doberman Pitchers and Rottweile:rs are not permitted. Any let that demonstrates aggressive behavior of any kind in the community, toward an individual or another animal, will have to be removed from the community permanently. 3. Pets may nat be tied outsidie MW time (even if the owner is present), or left unattended at any time. Pets are not permitted to run loose in the community. Pets must be indoors at all times, except when secured by a leash and walked by their owner. 4. Residents are required to clean up after their pets anywhere on the property, including the lots and common areas. Pet droppings must be pitted up ' , wrapped in plastic and disposed of in the resident's garbage can. 5. Pets that disturb the peace of the community, are the source of three or more complaints, or otherwise prove to be a musance must be removed from the community upon receipt ofnotice from the Community Management- 6. Animal sitting is not permitted. 7. Pet shelters are strictly prohibited. BCHA ' I . Each resident is responsible for the cost of the water they use. Rates are established by Middlesex Township, and each resident's consumption will be determined by actual meter readings. The q ly minimum will be paid monthly in advance, and excess usage will be billed quarterly. Interest will be assessed on any unpaid portion of your water account. The inter rate is I.5% per month on the unpaid balance. Each lot will be equipped with a water meter, which is park property, and residents will be responsible for loss of, theft or damage to the water teeter. 2. TV cable, water tine and sewer line repairs other than INITIAL INSTALLATION are the resident's responsibility. Damage to these items will be repaired or replaced at the resident's expense. 3. Any electrical service provided during placement of a home is adequate for that home at that time. If additional service or repairs become necessary, resulting charges are the responsibility of the resident. 4. New residents must place a $100.00 security deposit upon registration in accordance with the Landlord & Tenant Act of 1951. 5. If certified letters are written due to rule violations, a fee of $20.00 will be charged. 6. A fee of $30.00 will be charged for checks that are returned by the bank. 7. A $20.00 minimum fee will be charged for each lawn cutting by Country Manor. & TV reception problems will be checked at your request. If the TV set is the problem, a charge of $38.00 per hour will be charged- The resident is responsible for TV cable maintenance on their lot. 9. Campers, boats, travel trailers, etc., may be stored in camper storage at an extra urge. 10. In order to maintain the appearance, health and safety of the community, Country Manor West reserves the right to conduct an inspection of any home in the community. The ftwenccy of home inspections will not exceed one inspection per home in a two-year period. The inspection will include the exterior appearance of the home and shed, and the condition of the home's utilities. Any stibstandar?J items will need to be corrected in a specified time frame, should the resident wish to keep the home in the community. The fee for this inspection will be $50.00, and will be charged to the resident at the time of the inspection. 1 I . Fees stated herein may be increased, subject to 30 days prior written notice. LAWN A_ND WATT 1. It shall be the resident's responsibility to maintain sewer and water line's. Leaking spigots and toilets must be repaired immediately to avoid sewage line freezes. 2. Do not flush anything down your drains such as rags, clothes, hard paper, sanitary napkins or items made of plastic or rubber. Such items should be wrapped in paper and deposited in garbage cans. 3. No wading or swimming pools are permitted. A community pool membership is included with the rent. 4. Lawns must be kept nest, dean and mowed to a height of three inches at all times. The management reserves the night to mow any lawn that is neglected at a cost of $20.00. 5 Garden hose may be used to water shrubbery and flowers. TBAFM AND Y) BE[ 1. SPEED L][MM and STOP SIGNS must be OBEYED. 2 No repairing vehicles, changing oil or overhauling. Immobilized, disabled, un-inspected, unlicensed or unused vehicles shall not be permitted, and must be removed within Is days. 3. Operating unconventional vehicles, (i.e. mini bikes, dune buggies, snowmobiles, go-carts) within Country Manor property is prohibited. 4. Each lot has adequate parking for two vehicles. Families with more than two vehicles must park third vehicle by the mailboxes. Street parking is prohibited. Residents may, at their own expense, expand the size of their parking area with asphalt (stones are not acceptable) to accommodate a third vehicle. This will require a building permit; consult management for parking specifications. No corimm-cial or larger than Y ton truck parking is permitted. Parking vehicles on patios is prohibited. 1. All homes must be skirted. New home sales and pre-owned home re-sales must have vertical vlNyL SKIRTING similar or equal to Mastic or Evenlock brand made exclusively for mobile homes. Hitches must be removed when installing vinyl skirting. 2. METAL AWNINGS insist be similar or equal to Dura-Bilt or Braumtrator Aluminum products for mobile home use. WOODEN AWNINGS must be painted and have plywood roof, drip edge on throe sides, shingles, 4' wide guttaa and down spouts. 3. STORAGE SHEDS: Each resident must have one, free standing shod on their lot. Largest size permitted 10'x 16'. Smallest size permitted 8'x 8'. They must be wooden, similar or equal to Atkins or Lantz Barns, of plywood construction, painted, with shingled roo£ and must be installed before occupancy. If a larger shed is on the lot during re-sale, consult. Office for any approval. Residents may also install = resin shed (in addition to, but not in place of the fife standing shed refbrerxW above). Resin sbeds must be permanently secured to the home or the freestanding shed, and should be installed in the rear of the home or lot. 4. NO ADDITIONS constituting living space, either homemade or factory-built, can be added Exceptions are awnings and screen and/or glass rooms. No carports permitted. 5. WINDOW AIR CONDITIONERS must be installed with wall-mounted supports. No wooden framing from ground level. NO INSTALLATION ON THE STREET SIDE WINDOWS 6 Consult Management concerning improvements on lots such as planting trees, etc., due to underground wiring. Shrubbery must be planted five feet off street to allow for snow removal. All shrubbery planted by residents shall became the property of the park and may not be removed. 7. PAINTING: Your home and adjacent structures, if repainted, mist be similar to current mobile home manufacturer cold selections or approved by Management. 8. Item # 1 through #7 requires a Country Manor BUILDING PERMIT prior to start of improvement. Un= 1. Any home or adjacent structure not presenting a neat and well-maintained appearance is considered in violation of park rules. Upon receipt of written notice of the violation, should the homeowner fail to address the violation in the time fame specified, the home will be considered in violation again, and must be removed from the community. 2. No antennas of any kind shall be installed on or near your home. CB antennas may be installed on your shed, but no higher than home roof. 3. Nothing may be stored on the patio or around the outside of your home. Place items in storage shed. 4. Any damage to the concrete patio, driveway, lawn, electrical, TV cable, or loss of shrubbery and tree life shall be the resident's responsibility. Any items neglected will be repaired or replaced at the resident's expense. 5 Country Manor is responsible for the normal maintenance of your yard light. Call the Office if it does not light. If you have changed the yard light to a different style Country Manor West will not be responsible for any maintenance on it. 'IM MY: Clotheslines are prohibited, except circular clothes trees, which must be installed at rear of home 1. Only hoiuarhold = will be collared once a week. It must be kept in a trashcan with a lid. Trash collation fee is included in monthly rent. Grays clippings, tires, batteries, %miture and appliances are not collected with the household garbage. 2. No fences permitted. Comme blocks are not allowed for use as steps. 3. Any home left abandoned and vacant for 30 days is a violation of these rules. Each subsequent 30-day period that the home is abandoned and vacant will be considered a new violation. 4. Residents are responsible for the actions and behavior of their children, gum and per. 5. Any behavior, which disturbs the peace and tranquility of the community, is prohibited. 6. Any violation of federal, state or local laws and ordinances resulting in a misdemeanor or felony conviction, or occurring on the property of country Manor West, or related to Country Manor West will be considered a violation of these rules. Each occurrence will be considered a new violation. 7. Operating any type of business is prohibited in the community. 8. BB guns, pellet guns, air rifles, slingshots or shooting of any kind are prohibited in the community. 9. Service work completed at the request ofthe resident must be paid within 30 days. 10. Yard trampolines and outdoor exercise equipment are prohibited. Sear. 1. All campers, boats, trailers, etc., must be stored in the provided parking area or off community property. Storage fee riot included in the rent. 2. Home Heating Fuels: Firewood neatly stacked, maximum size pile 4 wide x high. K permitted to be stored on the o or around eft is not P>m your home. epos?le:. 1. Rules, hours and fees are posted at the pool. RESALE: 1. Under Section 11 of Act 261, park residents are free to sell their homes to a buyer of their choosing. However, Country Manor West reserves the right to screen and approve any Buyer prior to settlement, if the home is to remain in the community after the sale. The application for residency must be sudnnitted by the Buyer at least 10 days prior to settlement and the applicant must be approved prior to closing on the home. If the application is not approved, settlement may proceed and the We is valid, but the buyer will not be considered a resident of the community, and the home must be removed immediately upon settlement. 2. One "For Sale" sign may be placed in your window or front yard. The maximum size IS" x 24", similar to the standard steel real estate sign. 3. All homes must have a utility shed. See STORAGE SHEDS, EXCEPTIONS, approved by office in writing for those storing NOTHING Onside. 4. No home may remain in Country Manor if sold on a "Saks Agreement." Buyer must submit proof of ownership, such as a title. NAMMMOM, I . Security deposits of $ 100 trust be paid at time of occupancy in accordance with the Landlord Tenant Act of 1951. 2. REFUNDS will occur only when (a) a 30-day WRITTEN notice is received by Management prior to vacating Country Manor, (b) all items as outlined in form "Instructions for Moving a Mobile Hoene" or "Resale Residency„ are completed. AGRF.)GAU NT: I . Any signature affixed hereto by resident shall constitute an obligation upon all members for their immediate family and guest. 2. Rules 6t Regulations will be amended periodically and will be posted in the Country Manor Weat Management Office. Amendments shall become a part of this agreement. The rights and duties expressed in Act 261 "Mobile Home Rights Act of 1976" apply to your residency at Country Manor.. 3. Residents are required to comply with the Rules, Regulations and Agreeaeets• Any breach of these rules may result in a warning notice with a specific time flume in which the resident must return to compliance within the specified time frame, each additional day of violation will be considered a new violation. Eviction proceedings may commence if a second or Subsequent violation occurs with a six month period from the date of initial notice. 4. Country Manor shall trot be liable for any damage or injury which may be sue.ined by the residew or any other person, as a consequence of the failure, breakage, leakage or obstruction of water, sewer, waste, TV cable, or the electrical, gas or oil system or by reason of the elements: or resulting from the car&=De ss, negligence, or improper conduct on the part of any other resident's or other rodent's agents, guests, licensees, invitees, or successors: or attributable to an interference with, , interruption of or failure, beyond control of Country Manor or any services to be finished or supplied by Country Manor.. Resident must obtain the necessary insurance against those contingencies. UWe have read the forgoing Rules & Regdatimn sad agree to become a resident of Coemtry Mader, accepting said Rales & Regidadom I/We age+ee that as said Raks d< RWkdeea sly be part of redtai aptment. UWe admewiedge receipt of the attacind coppy of Act No. 261. DATE O? [.AND Rew6w mi/47 _.-? -- L777 IMPORTANT NOTICE REQUIRED BY LAW ACT NO. 261 "THE RULES SET FORTH BELOW GOVERN THE TERMS OF YOUR LEASE OF OCCUPANCY AGREEMENT MOBILE HOME PARK. THE LAW REQLARES ALL OF THESE RULES TO BE FAIR AND BILE. VNTti THE 'YOU MAY CONTINUE TO STAY IN THIS PARK AS LONE AS YOU PAY YOUR RENT AND SERVKCE CHARGES AND ASSESSMENTS HEREINAFTER %7 OTHER REASONABLE FEES, FORTH AND ABIDE BY THE RULES OF THE PARK. ENTRANCE AND EXIT FEES MAY NOT BE CHAFIGM ?16TAL ! ATIgN AND FEES MAY NOT BE CHARGED IN EXCESS OF THE ACTUAL COST TO THE MOBILE H0X P? OWNER OR OPERATOR FOR PROVIDING SUCH SERVICE FOR THE INSTALLATION OR REMOVAL OF A MOBILE HOME IN A MOBILE HOME SPACE. "YOU MAY BE EVICTED FOR ANY OF THE FOLLOWING REASONS: NONPAYMENT OF RENT. UENT' VIOLATION OF THE RULES OF THE MOBILE IF THEM IS A 001VE IN USE OF THE PARK OR HOB PARK OCCURRING WITHIN SIX- "(31 "M TERMINAT 16N OF MOBILE HOME PARK. LAND OR PARTS 1HErDF. "YOU SHALL ONLY BE EVICTED W ACCORDANCE WITH ANY THE FOLLOIAIM PROCEDURES: " l) A RESIDENT SHALL NOT BE EVICTED BY SELF+*j-'MEASLpRR ") PRIOR TO THE COMMENCEMENT OF ANY YOU IN MAIL WRITING OF THE PARTICULAR BREACH 1C, THE MOBILE HOME PARK OWNER SHALL. NOTIFY REGISTERED ARTICULAR BREACH OR VIOLATION OF THE LEASE OR PARK RULES BY CERTIFIED OR IN THE CASE OF NONPAYMENT OF RENT, THE NOTICE SHALL STATE THAT AN EVICTION !EDINQ Y BE ED IF THE MOBILE HONE RESIDENT DOES NOT PAY THE T 1 SERVICE THE NOTICE BI GIVEN ON OR AFTER APRIL 1 AND U UE RENT WIT 120 DAYS mn TiIE DAB SEPTEMBER i AND IAPRIL. I CE IS OR AN N O AFrE , PI PRIL BEFORE SEPTET 1 AND 30 DAYS IF GIVEN ON OR OF THE NOTICE MAY REM;ILT IN IMMEDIATE EVICTIOWAYMjW ON PP4CE OF RENT OCCURR # WITHIN SW OF THE GIVING "? ?1 THE CA1? OF A BREACH OF THE LEASE OR VK?I,A THE NOTICE A THE P TION OF THE PARK RULES OTHER THAN F UNLESS YOU REIGIUM D HAVE BEEN NOTIf9lED AS T , A UPON O OR BREACH RRING WITHIN SIX PROCEEDINGS AST ANY TIME DAYS WRt 180 pF HEM?.E HOME PART( OWNER MAY Gp EVCMN ?ON N LAST VIOLATION OR BREACH. E"YNFal ?ORCEDlWITHNOT RBE W THERE EV= TO T N 15 PROOF THAT THE RULES YOU ARE ACCUSED OF OTHER MOBILE HOME RESIDENTS OR NONRE91DENtg ON THE PARK IN ADDMOK No ?. FOR NONPAYMENT OF F NOTICE CERTF ,, OVERDUE RENT 2D DAYS FROM THE DATE OF D MAN OF T SOME F 111E NOT SEPTEMBER 1 AND 30 DAYS IF GAMN ON OR AFT EMTEM OF OVERDUE ? 18 REQUIRED TO BE BENT TO Y OU DURING AIO BIMMEDIATELY OCCURS ? SIX M(*JM FROM THE DATE OF THE YOU Y THE ENTITLED PURCHASE HA SNOT CTYOUR Rk*fr TGOODS p SERVICES FROM A SELLER OF YOUR CHOICE AND THE PARK OWNER N 'IF YOU IM DESIRE TO ANY FEE SELL , TM MOBILE HOME PARK OWNER MAY NOT PREVENT THE SALE AND NOT MAIM AN IN CONNECTION , UNLESS THERE EXIBTS A SEPARATE WRITTEN A IN THE MOBk.E HOME PARK. ? MAY B3, THE MOBILE HOME PARK OWNER MAY RESERVE THE FKVI T TO APPROVE THE pI Jq AS A RESIDENT IN THE "ENFORCES OF THE MOBILE HOME PARK RIGHTS ACT is BY THE ATTORNEY P?1SYL.VANIA OR THE DISTRICT ATT?Y OF THE COUNTRY IN W"CH THE GENERAL W)B&E HOME PAFK is OF THE (X>MNpNMVD TH OF MAY ALSO BRING A PRNATE CAUSE OF ACTION. IF YOUR RCS ARE VIOLATIB jyIA CONTACT THE ST? YOU BUREAU OF CONSUMER PROTECTION OR YOUR LOCAL DISTFDCI ATTORNEYT Tenant SIGNATUR -- l Tenant SIGNATUR _ C=-- __- -- ---- -- ---__--____------ DATE:_ -V -------------------------- Exhibit B COUNTRY MANOR WEST NO. 2, APPLE .ALLEY CARLISLE, PA 17013 Eva Ordo 72 Cherry Lane Carlisle PA 17015 Re: Country Manor West Lot. No.: 072 December 8, 2011 Dear M. Ordo r%- m ru 0 u, a- Ln tr ru O E3 O O r%- Co a 0 r-q 0 r%- TOW Pam a Fees I EvaOrdo 72 Cherry Lane CadisWPA 17015 A recent inspection of the community indicates that you are in violation of the rules. The violation(s) are indicated belo% Skirting needs to be: ? painted ? repaired ? replaced Porch/Addition needs to be: ? painted ? repaired ? replaced ? Oil tank needs to be painted ? Lot No. is not visible ® Debrishefuse on the lot must be removed 0 Appiianceslfumdure stored on the lot must be removed ? Equipmentfmaterials must be stored in your shed ? Trash cans must be kept to rear of home, with lids secured 0 Rear Steps must be Installed ? Pets can not be tied outside or left unattended p Pet shelter must be removed ? Unregistered vehicle(s) must be removed ? Vehicle(s) on blocks/vehicle repairs are prohibited 0 Vehicle(s) must be properly muffled ? Vehicle(s) must be parked in space provided ? Utility connection must be repaired 0 Heat Tape must be installed ID prevent water line freeze ? Disrupting the community (specified below) ® Other (specified below) PLEASE REMOVE FENCING You have 12 day(s) to correct this breach of the rules of this community. You are further advised that if you again breach the rules within 6 months from the date of this letter, we may commence eviction proceedings after the second or subsequent violatlon without further notice to you.. Thank you for your cooperation in this matter, Sincerely: Country Manor West 7010 1870 c.c. ScotFuhrman 0002 9595 0237 COUNTRY MANOR WEST NO. 2, APPLE ALLEY CARLISLE, PA 17013 EvaOrdo 72 Cherry Lane Carlisle PA 17015 Re: Country Manor West Lot. No.: 072 January 10, 2012 Dear M. Ordo n1 Ln a C3 M tr r` 0 O 0 0 O r1- Ln a C3 'qiW;W N w vo asr nro. ?? ? ,,? . •--• C(7b A recent inspection of the community indicates that you are again, or remain, in violation of the rules. The violation(s), for which you were previously warned by Certified Mad (all or some of which remain outstanding), are as follows. Skirting needs to be: ? painted ? repaired ? replaced Porch/Addttion needs to be: 0 painted [? repaired ? replace ? Oil tank needs to be painted ? Lot No. is not visible ® Debris/refuse on the lot must be removed ® Applianceaftmiture stored on the lot must be removed ? Equipment/materials must be stored in your shed ? Trash cans must be kept to rear of home, with Ilds secured ? Rear Steps must be installed ? Pets can not be tied outside or left unattended ? Pet shelter must be removed ? Unregistered vehide(s) must be removed ? Vehicle(s) on blocks/vehicle repairs are prohibited ? Vehicle(s) must be properly muffled ? Vehicle(s) must be parked in space provided 0 Utility connection must be repaired ? Heat Tape must be installed to prevent water line freeze ? Disrupting the community (specified below) ® Other (specified below) PLEASE REMOVE FENCING Pursuant to Pennsylvania Act No. 261, and the Notice provided to (30) days Notice of Eviction for violation or breach of pa you as required by that Act, rules. you have thirty days to you are hereby issued thirty me community. Failure to do either will result in a La+xilond/Tenant Action fled comply with the rules or vacate this matter. against you. Thank you for your attention to Sincerely: Country Manor West C.C. Scot Fuhrman 7021 1570 0000 4?93 0052 Exhibit C NOTICE TO QUIT - BREACH OF LEASE OR RULES VIOLATION To: Eva Ordo And any other person residing at this address Date: January 13, 2012 Address: 72 Cherry Lane Carlisle, PA 17015 You are hereby notified that you must vacate or remove from the leased premises at 72 Cherry Lane. This is because you breached your lease agreement by violating the rules of the community or a material term or condition of your lease. Violation: DEBRIS AND REFUSE MUST BE REMOVED. EQUIPMENT/MATERIALS MUST BE STORED IN SHED. PLEASE REMOVE FENCING If this notice is dated April 1 -- August 31 ("warm" months), you must vacate the leased property and give possession of leased property to landlord within twenty (20) days. If this notice bears a date of September I -- March 31 ("cold" months), you must vacate the premises and give possession of leased property to landlord within thirty (30) days. If you fail to vacate the leased premises in time stated above, the landlord will begin a lawsuit in court to have you removed from the leased property. You could be held liable by the court for any damages, rent due, and costs and the court could award possession of the leased property to the-landlord. C ntry anor West 2 Apple Alley Carlisle, PA 17015 Method of delivery: Posted on property: Hand delivered: Date posted: January 13, 2012 Time posted: ?, % b 6 Posted by Sc?Fuha Jerry Burdett s IN THE COURT OF COMMON PLEAS µF' ? ?, CUMBERLAND COUNTY PENNSYLVANIA DV '6 r al `?? 1W IV?r P '-, .'i Plaintiff vs No 12-2964 Civil EVOL 81-do MANOR WES1 CIVIL ACTION-LAW JURY TRIAL DEMANDED DEFENDANTS ANSWER, NEW MATTER AND COUNTERCLAIM TO PLAINTIFFS COMPLAINT ANSWER AND NOW this 16th day of July, 2012, comes the defendant Eva Ordo, Pro Se as follows: 1. Denied as stated on both statements. Defendant knows the plaintiff "Country Manor West" as a mobile home park/business owned by Frank T. Perano. Defendant knows "GSP Management Co." to be a business owned by Frank Perano that operates "Country Manor West" mobile home park. As to the existence or status of "Country Manor West," "Country Manor West Mobile Home Park ("Park"), "GSP Management Co." Defendant denies this assertion that they lack information to determine the truthfulness thereof after reasonabl investigation. In fact whenever Defendant has been dissatisfied with arbitrary actions of management which will be detailed in New Matter and a Countercla to be asserted herein the Country Manor West mobile home park manager (; Fuhrman) operating under GSP Management Co. has directed Defendant to complain orally or in writing to his wife, a general manager under GSP Management Co., Kathy Fuhrman. I have received (as recently as May 08, 2012) letters from Leanne Miller the operations manager under GSP Manangement Co. with a mailing address of P.O. Box 677, Morgantown, PA 19543. If the existence and status of the relationship of those described in this averment is material, strict proof thereof is demanded. 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Neither Denied or Admitted. Since Defendant is bringing charges of such as Retaliatory Eviction, Consumer Fraud, Intentional Infliction of Emotional etc. and is therefore Countersuing for tens of thousands of dollars (treble) she believes the threshold for compulsory arbitration is surpassed and not necessary. 8. Denied. I was informed by Scot Fuhrman, prior to signing the lease or purchasing a mobile home that was being sold in Country Manor West mobile home park that they do not enforce the lease or rules very strictly. Evidence of this is clearly obvious on the lots surrounding the Lot I was wanting to rent as well as throughout the mobile home park's over 400 lots in the community. Jus a few yards away from the office at 2A Apple Alley (and within sight of the offic4, swimming pool, community mailboxes) sits a barn type shed in a severely blighted condition, boarded up with signs warning people (like children playing E the nearby playground or on their way to the Park swimming pool) to stay off of the roof because it could collapse. The cement foundation in front of this shed it in ruins and crumbling like rubble. I took the manager for his word that the lease/rules was just a formality and that they would not enforce it strictly, especially the restriction of each residence only allowed 2 pets. I had three and Scot Fuhrman told me to write down I only had two because it was a rule that wasn't enforced. I wasn't going to buy the home that someone was selling or p2 for the application fee because I didn't want to get in trouble for breaking a rule' (especially since I had 3 beloved pets) and then be evicted because I had one too many. Scot Fuhrman assured me that would not happen. Knowing this and seeing the condition of surrounding lots I was put under the distinct impression' that the terms of the Lease and Rules were not strictly enforced as they were arbitrary and capricious and certainly not enforced in regard to others. Knowing this and even so, the Park seemed nicer than others in the area and had amenities that should have made the exorbitant high lot rent of $371.00 be wort the asking price and I entered into a lease with Country Manor West mobile home park. 9. Admitted. 10. Admitted and Denied. Lease is not enforceable and the rules were arbitrary a capricious and not enforced in regard to hundreds of others in this mobile horn park, sometimes referred to as a "Town" by management, of over 400 lots and/or homes with at least about one thousands tenants. All rules or rental charges shall be uniformly applied to all mobile home residents 11. Denied on all 4 allegations. Denied. Debris & refuse came from the empty lots that Frank Perano, Country Manor West and GSP Management Co. had very little maintenance performed on. The leave from the trees on Country Manor West's empty lots would drop and remain on their empty lots, would never get racked up or mulched as needed and then would be pick( up by winds and blown onto other resident's lots such as mine, month after month an( even in Spring and Summer. Lot 73 next to mine has an overgrown Dirty Birch that drops twiggs and leaves all year round that even after they mow the lot, this stuff doe; not get mulched as the mower blade is set too high and then they blow onto my lot (I have years of pictures and video) for me to clean up! Being a disabled individual that had major back surgery I had complained several times orally and in writing about getting written up for debris and refuse (which they stated was "leaves") and that it wasn't fair to expect me to clean up the leaves from all the trees on their two empty to next to and adjacent to my lot, that I have video footage of the leaves being blown on my property from the empty lots (not directly from off the tree but directly from the ground where the debris is left to sit and accumulate, year after year) owned by Fran Perano under Country Manor West. All rules or rental charges shall be uniformly app to all mobile home residents Denied. I have no fencing on the lot. I did erect edging along the front and side of my lot to cut down on the overwhelming amount of debris and refuse that Country Manor West neglected to clean up on their 2 lots, next to and adjacent to my lot, on an ongoing bas is for the four years that I have been here, from blowing onto my lot. I have had major back surgery and the duty of cleaning up the Park's empty lots, specifically two lots, should not be dumped onto a person with disabling back pain and in her 50's! At the magistrate's office Scot Fuhrman pointed out two metal stakes in my lot's ground that had a vinyl trellis attached to it (for my Clematis Flower Plant to grow on) and tried to use those two little metal stakes that were stuck into the soil of a raised bed of dirt an maybe penetrated the ground itself by about 1-2" tops as a reason to evict me even though neighbors surrounding my Lot and Scot Fuhrman's own lot had identical stake in their grounds that were not put into raised soil bedding. There are far larger fences and fixtures that penetrate the grounds in this mobile home park (several in plain sigh of the manager and general manager Scot Fuhrman and Kathy Fuhrman's lot, respectively, that have never been written up let alone got eviction notices or proceedings started over their far more egregious violations with huge large fence posts, arbors, railing, etc that penetrate the ground deeper than my insignificant little garden stakes (compared to others)! Again, clearly retaliatory and absurdly outrages allegations that were made with malicious intent. I have 4 years of pictures of such conditions being permitted in respect to others! All rules or rental charges shall be uniformly applied to all mobile home residents Admitted, however, there is nothing that could present a danger or a health hazard being stored on my Lot and Scot and Kathy Fuhrman (GS Manager and General Manager aka park management, husband and management team have appliances and furniture on their own property do their neighbors and several hundred other tenants that are permissible, turned a blind eye to and/or not being enforced to the point of eviction. I have pictures of the Fuhrman's riding lawn mower with a tarp type being held down with two acid filled car batteries that children could attempt to steal for a go-cart or whatever and the possibility of them getting their eyes or skin burned by the battery acid should they try to open those flaps is a danger that these two seem to think is okay but Heaven forbid I have an empty flower pot in my yard in the middle of winter which is what was stated was the issue at the magistrate's office and which the Fuhrmans have in the front of their home as well, though mine is much nicer as it's an ornately molded pot;-) As for furniture, have very nice quality outdoor furniture that is permissible and not p in a wind blown area (like the neighbors that the Fuhrman's have to on a daily basis) and is constantly being blown over by the winds as is propane grill and propane tank which I have photographs of after winds knocked it all over on two separate occasions and with a very high propensity to spark and ignite and then explode like a bomb. These people, their neighbors are not being evicted, nor are others with far moi egregious violations than the silly and contrite violations I'm being accused of, such as my neighbor Colleen (catty corner to me) who's property looks like one of those Hoarder's episode's properties with washers, dryers, blankets, afghans, lamps, grills, boxes, cat boxes, debris, litter, strewn from one end of the home to the other as well as an unregistered vehicle that has been allowed to sit in her driveway with a tire since registration expired in February 2012, (oh yeah, it's just such joy for me to look at, NOT!) and she was not threatened with eviction, I I was! She was just given a notice, and nothing further was done to bri her disgusting looking property under some semblance of decency. Fuhrman stated at the Magistrates office that he "forgot" to send her a second notice and it was just an oversight. He stated this 4 months ago and to this date it seems like he has still not issued her a second vio or threatened to evict her as he has threatened me over • 1) an empty flower pot... referred to as debris & rubble 2) two gardening stakes... referred to as fencing • 3) equipment/machinery... my lawn mower and wheelbarrow That last rules violation is such a blatant form of harassment (as are all of the notices)' because Scot and Kathy Fuhrman have a riding lawn mower that has sat outside of their large shed for years now (I have pictures) but this is okay and apparently not considered or enforced as a rules violation. Bicycles and kid's toys strewn all over people's yards, TV sets on the Fuhrman's next door neighbor's porch with indoor furniture used outside ghetto style are all acceptable. I'm absolutely NOT judging thl people!!! I'm just pointing out how ludicrous the charges against me are and I have HUNDREDS of pictures and dozens of videos of evidence that I documented each I got a notice that was viewed as harassing in nature... just in case something crazy I this happened... Thank God. All rules or rental charges shall be uniformly applied to mobile home residents Denied. Management had failed to make the former tenant, Susan Woloson (now deceased, may God bless her soul) adhere to the rules and permitted her to have NINE Chihuahua dogs in her home that ruined the subflooring inside the home I ended up purchasing, at 72 Cherry Lane, from the living room to the kitchen with urine that mad the particle board flooring break down to lose particulate. It took me a very long and arduous time to remove all the debris left behind by the tenant's son who sold me the home and and even longer and more grueling time to remove the urine laden board subflooring. The stench was overwhelmingly foul! I bought the home at a very low price and was going to "flip it" for a substantial profit. Other than the living room kitchen flooring the rest of the home was clean and impressive. Frank Perano, Manor West, GSP Management, should be thankful that someone bought it and intended to make repairs so that it wouldn't become a blight upon the community. Instead I met opposition within a few months of having bought the property. The harassment from the bizarre behaving neighbors in front and behind my property escalated like insanity and for each complaint of lumber or bags of mulch that I had sitting out or etc that got lobbed against me by this group of relentlessly berating got escalated by GSP Management Co. employees perpetuating or fueling the fire coming after me in a highly abusive, malicious and offensive manner. This behavior a actions did cause me to have emotional and mental difficulties and not even want to step outside for fear of being picked on by what a former tenant stated was clearly harassment being waged against me for no good or valid reason. For discovery purposes, I am asking for all records of complaints that were ever made against me o the conditions on my lot to be made available for my review as I am wanting to bring charges of harassment against these neighbors that pushed GSP management to act as they have done against me. They are not fully to blame for GSP's actions but they are culpable. As for the false allegation of my property not being neat or orderly, that Denied, to the contrary I get compliments about the landscaping and condition of my property. This year, however, after the threats of eviction with malicious intent to causo distress, fear and anxiety, I have no desire to do anything in my yard or garden and it shows signs of neglect. The persons that are truly blights upon the community, (Count Manor West being one of the major offenders with their dilapidated barn/shed, swimming pool with crumbling walls and infrastructure, uneven and rubble ridden walkways in and around the community mailboxes, poorly lit streets which are very hazardous to travel on at night on bicycle or foot due to pot holes some of which are over one yard wide and over 5 inches deep, streets with trees or bushes that are not c back or maintained and growing over the streets by several yards at places making a two way street a one way street if you didn't want to go over a pot hole AND get your vehicle scratched up at the same time by the branches. One street has three major potholes in front of a stop sign making it impossible to go through without hitting at le, 2 of them! This is in plain view of the office of Country Manor West where the husban and wife management team, Scot and Kathy Furhman, frequently conduct business a My property might not be perfect but it is by no stretch of imagination a blight upon thi community like the lots or properties that Frank Perano neglects to maintain at Country Manor West mobile home park or that Scot and Kathy Fuhrman turn a blind eye to directly under their nose! Their one neighbor has had a bed sitting outside for months and has particle type boarding holding up his dilapidated home, porch and shed! I cou c care less what a person does or is doing on their lot and I am not pointing a finger bull damn, this is mean, malicious and absolutely traumatizing and has messed with me in ways that it might not have messed with a normal person as I am on SSI for Post Traumatic Stress Disorder, Panic, Anxiety, Fear, Depression type illnesses (from something that happened to me several years ago) and this type of bullying and picki on has caused severe financial, mental, physical, psychological, etc. repercussions aill I am wanting to send a message that this type of retaliatory and malicious behavior will not be tolerated against people that are already suffering due to disabilities and forced to combat against a corrupt and unscrupulous party such as Frank Perano and his businesses employ. All rules or rental charges shall be uniformly applied to all mobile home residents 12. Denied. Nothing was done properly or in the time constraints required by law and as such magistrate SueK Day had no jurisdiction and as such I humbly poii out this court has no jurisdiction over to entertain the false, unenforceable and retaliatory in nature complaints Frank Perano is trying to charge me with throug his two businesses Country Manor West and GSP Management Co. as they were not filed in the manner specified in the Manufactured Home Community Rights Act and it is illegal to sue someone for non-payment of rent (when rent has been paid in full in a timely manner and is not late) and to use the court cost filing fee under the guise of being the amount in dispute for non-payment of rent! did not receive a notice of being late on "rent" (as Country Manor West is fraudulently calling the "court cost filing fees") until three days after they filed unenforceable claims at the magistrate's office. Should I have been late with actual rent monies by law I should have been issued a registered letter asking or rent and giving me 30 days to pay for it PRIOR to filing charges for non-payme t of rent. Scot Fuhrman filed charges with the absurd notion that he could use th court cost filing fee as non-payment of rent! Magistrate Sue K Day should have known better and I wonder how many other tenants that Scot Fuhrman has brought before her to judge have been ruled against unjustly and are not able c competent enough to appeal such antics and have lost their homes and suffere as I have and am. There is an overwhelming amount of evidence that many tenants are being railroaded through the magistrate's office by Frank T. Peranc and his businesses' unscrupulous eviction proceedings not just in Country Man West but in many of the other over 30 some mobile home parks that Frank T. Perano owns and has run by such management groups as the GSP Management Co. which I intend to present dockets showing such along with witnesses testifying to such. Unbelievably Sue Day heard new evidence on the day of the hearing in which it was falsely presented that I was late on rent on May 03, 2012 (my PNC Bank's BillPay check which is automatically paid in a timely manner and always by the 3`d but no later than the 5th of the month was their mailbox on the 3`d) and even though Day was given the lease to read and heard the argument that rent is not considered late until after the 5th of the mor and was given a printout sheet of my bank statement which clearly showed tha my rent has not been late for the full year it was displaying on my account she still ruled in favor of Country Manor West who with such antics as were done w my case provides "court cost fees" which fund the magistrates office very niceli Even if by some stretch of the imagination paying before the 5th is considered late or non-payment of rent it cannot be enforced because there are a few hundred others on social security that cannot pay until their check is deposited by the State on the 3rd of each month and this rule is not enforced in regard to others. I don't know how much more obvious or blatant the seriousness of this matter of false and unenforceable eviction proceeding charges and harassmer can be viewed as retaliatory actions for having complained to get their insuran company's information and a deduction of rent in the amount of $30.00 becau; they have not provided a service to the standard the government holds it neec to be provided as. Exhibit B: The first rules violation, (in which the Country Manor West mobile home park and GSP Management team showed the type of evil that lurks behind the abuse of power they were displaying on December 08, 2011, only a few days befc Christmas, when they ordered me to comply with unenforceable rules within 15 da and not the mandatory 30 days), was an act done out of retaliation for me complaining about my roof showing signs of caving in where their hazard trees fell on it which was not an act of God as Frank Perano, Country Manor West, GSP Management Co. had knowledge of the trees in my yard and throughout the park c being hazardous and GSP Manager Scot Fuhrman would not give me the insurani company's information after several requests when it first happened. Months later when I see signs of damage broadening I asked for the insurance company's information for the last time in mid November 2011 and Scot Fuhrman still refused give it to me. On that day I threatened to turn them into the Attorney General's Offii to get this insurance company's information and I also threatened to sue to get the rent deducted by $30.00 which is what it would cost me to secure cable tv service i my home as the cable tv service that is included in the rent, and which was a major deciding factor for me buying a home and leasing a lot in this community with what considered to have an overinflated let rental asking price of $371.00. After the first few times of complaining, after having moved in, about the horrid reception I was told it was a "free" service and not included in rent and they weren't obligated to provide better reception all of which was outright lies and violations of the Consumf Fraud Act laws. I also complained about the hazard trees on the lot I was renting both in writing and orally and nothing was done and subsequently two very large trees growing next to or inside of 5 other tree trunks (this should never have been allowed to grow and was a lack of maintenance issue) fell onto my home causing damages to the roof and the clothes tree was demolished. I was not given the insurance company's information after repeated requests, they did pay for the 2 fallen down trees (of 5 trees grouped together and growing out of one spot) to be removed and only after repeated requests to cut the now destabilized and even more hazardous other 3 tree trunks that were all grouped together growing from one spot they finally paid Cumberland Valley Tree Service to cut those down as well. Still, after repeated requests I was not given the insurance company's information even though I asked for it in writing and orally they kept telling me it was an act of God which it was not because: A. Cumberland Valley Tree Service Co. whom is hired to do very minimal maintenance of the trees and mostly to remove fallen trees and limbs in County Manor West mobile home park, was asked by Frank Perano or one of his businesses to provide an estimate of cost to do all the maintenance and repair: that needed to be done to the trees in Country Manor West mobile home park prior to the incident in which high winds knocked down around one dozen (all o which I have extensive photographs of, detailing the type of rot/decay these poorly and substandardly maintained trees had) and in more than one instance property damage the tenants were all told it was an act of God. B. I had expressed my concerns about the trees on my lot and was requesting the do something about their conditions and about the poor cable reception still bei unacceptable and requesting repairs to the service which was part of the rent which Scot Fuhrman, Gerry, and Todd Walters a maintenance man working at the Park all kept lying and insisting that it was "as-is" and I should be grateful I had any reception and it was a free service and not something I was paying for so they were not obligated to keep trying to fix it. I thought they were being decieptful and not forthright so I began to document the complaints I brought ul at the time I dropped the rent check off at Country Manor West's office by writin a short brief notation on the subject line of the rent check. Numerous times and even prior to the trees failing on my home I wrote a note about Trees and Cable issues, so it could by no way be construed as an act of God as management and employees were made aware of the hazard trees prior to them falling on my home. The trunk remains in the ground and is an issue. In less than one month (after I threatened to sue them (middle of November 2011 for insurance info which Scot Furhman kept refusing to give me and finally follow through on getting the rent deducted so I could get standard cable service from an outside vendor that was not all grainy, with squiggly lines, having one channel on top of another, over saturated on some and under on others, louder volume tan some and lower on others, non-existant especially after heavy rains, and referred t by those working at the Country Manor West office as "crappy" quality, (their words not mine I ) and right before Christmas holidays, with malicious intent to cause emotional distress and cause fear over the holidays of potentially loosing the roof over my head Scot Fuhrman, acting under the cloak of GSP Management Co. and Country Manor West began eviction proceedings against me during a time I was seeking medical care for physical symptoms that rendered me to be bed ridden or i a wheel chair since before May of 2011 when I began to actively seek medical attention and got MRI's and CAT Scans after having seen many specialists. I ignored the first notice as it was frivolous an not enforceable since it's not enforce in regard to other tenants and it wasn't a health or safety codes violation issue. I viewed it as yet another of many "harassing in nature" type letters that they never follow through on in it of itself is harassment. When I got the second notice dated January 10, 2012, 1 took it very seriously because I've never received a 2nd notice within 6 months time. This notice clearly stated it was giving me 30 days, in the middle of January in the dead of winter to comply with the park rules (again, that were not enforceable as they are not being enforced in regard to hundreds of others, the same violations and I have pictures and video to prove this statement). If January 10th's notice could be construed as enforceable in any manner which it couldn't, but if it did then it would therefore be considered the first proper notice of rules violation in which it gave me 30 days to rectify the rules violation(s). Well that got process got botched because THREE DAYS LATER on January 13, 2012 Scot Fuhrman came onto my property and for all to see caused me great humiliations b, taping "Notice to Quit" paperwork on my door like a Scarlet Letter. The improper, malicious and hasty notices were not processed as the laws strictly expect them to be carried out. I wasn't given thirty days as the notice 3 days earlier stated, I was instead given notice to move out or else within 30 days! I began to pack my belongings and had moved a substantial amount of them to a friend's bare where I fear my possessions might get damaged from mold or mildew but I cannot afford to put them anywhere else and I have immense fear of losing my personal affects because of the actions of Frank Perano and his employees. So if January 10th in some bizarre manner could be construed as a valid rules violation notice, which it can't as the rules I'm accused of are not only arbitrary and contrite and in no way a safety or health related issue but they aren't enforced in regard to others in the park, then the manner in which it was meant to be enforced under the "Manufactured Home Community Act" was not carried out to the letter of the law as they did not file charges "within" 60 days of January 10th. They filed charged on the 62nd day from January 10th on March 12tH For the sake of settling ridiculous arguing, if having issued a 30 days notice to fix rules violations on January 10, 2012 can be nullified by posting a humiliating "Notil to Quit-Breach of Lease or Rules Violations" letter on my door in just three days la on January 13, 2012 after having just sent me a registered letter that states I have 30 days is allowed in the State of Pennsylvania then I will evoke the fact that the rules I'm accused of violating are not enforced in regard to other tenants let alone the management themselves in the Park. That plus they are absurd and not a heal or safety issue. In the middle of January, I was forced to do a few tiny little chores in the yard that I was not able to do by the end of fall due to severe lower back and neck pain that was sending shooting pinched nerve type pains all over my lower back and limbs and after seeing a Neurosurgeon and then finally a pain management specialist I was given Cortosteroid Injections into my spinal column area and should not have been forced to mow my yard, tidy up a few odds and ends from the end of fall that I never got around to, and even mow the lawn because there were thousands of leaves and twigs from that dirty Birch Tree that have blown onto my property and I was written up for debris and refuse so I mulched it all... in the middle of January. Because I had immense pain and refused to take any kind of pain medicine other than Tylenol which barely helped with the pain, I would end of barely being able to walk and it felt like any moment my protruding discs would just pop out and I would not be able to move from the excruciating pain that brought about. There were day) would sit down and could not get back up because of the excruciating pain. Or just' laid down and couldn't move for hours cause it felt like I had a knife in my lower back. At some point, while enduring this horribly cumbersome and debilitating [owe back, leg and hip pain I just took a look around my home and saw that absolutely NONE of my neighbors have lifted a finger to clean up their own lots and mine was'. looking very nice and impressive. I threw in the towel and didn't do anything further as my lot looked nicer than many of the others in this park. I couldn't imagine getting evicted over how charmingly beautiful my property looked. It still needed more worN and the grass (that the former tenants 9 Chihuahua's urine killed unless the former' tenant had leaf issues from the empty lots choking out the grass on her lot) needed) to be planted but one person can only do so much to a property that was in blight% condition prior to me renting the lot so for Country Manor West and GSP to expect me to perform miracles over night for conditions that they permitted to exist and continue to exist in regard to others in the park and the issues of the "debris and rubble" (the leaves from their empty and lacking proper maintenance lots that year round blows from their land onto mine) is just malicious harassment as it's not enforced in regard to others. March 12, 2012, Scot Fuhrman filed eviction proceedings against me and 10 others out of a community of 428 lots, give or take a few. When this Scrooge, as Scot Fuhrman braggartly called himself on Facebook filed charges against me to gain possession of the lot he maliciously and with intent to commit fraud, out of retaliation filed charges that could not be enforced as the notices weren't sent properly, (Scot Fuhrman and the attorneys representing this case should have had the most commonest of sense to have realized that they were not given in timely manners required by law) he accused me of rules violations that could not be enforced and i a most hideous, vile attempt to evict me he falsified legal documents by falsely accusing me of non-payment of rent using the "Court Cost Filing Fees" that he was charged AFTER he filed this paperwork under false pretenses, as the amount I ow d for back rent!!! This just goes to show the type of unscrupulous and lacking in mor I character that Scrooge aka Scot Fuhrman presents when dealing as a business wi h his customers. Okay, one might say it was an oversight however THREE DAYS AFTER Scot Fuhrman filed non-payment of rent eviction proceedings at Magistrate Day's office, I get a letter from GSP Management EXHIBIT E that clearly states that I owe $1291 E as back rent and if I paid that amount in 30 days no eviction proceedings would be brought against me. Not only is this some form of extortion to pay court costs befor I had the opportunity to present a defense for the case but I was sent a registered letter giving me 30 days to pay "the court cost fees" under the guise of being late rent amount AFTER they had already filed charges for non-payment of rent! The egregious manner in which Frank Perano's employee(s) harassed me with frivolo s rules violations that are not enforceable, threatened me with eviction if I didn't comply and then had me trying to please these people I view as monsters or at th very least as the evil Grinch and Scrooge as they boastfully portrayed themselves, by working in my yard in the middle of winter suffering with severe lower back pain that caused me to be bed ridden or wheel chair bound after doing yard work I alone was being forced to do in order to avoid eviction and then after all the pain and suffering I endured along with the psychological issues this exacerbated and riddled me with having horrible fear of losing my belongings via an unfounded eviction process just so wreaked havoc in my life that I have had to seek emergency medical treatment by my family doctor, drive to an emergency room for mental conditions this exacerbated and brought upon me, be driven to the emergency room via an ambulance and just deal with immense fear and panic and feelings of being overwhelmed and losing my mind, all the while suffering physical pains that this ya d work and packing my belongings this antagonized and caused to become excruciatingly painful as I needed to rest. This is the worst I've ever been mentally. Please see my first attachment Exhibit D which is a copy of the manager and general manager's comments and postings on Scot Fuhrman's Facebook page after he changed his profile picture to a very evil and ominous looking Scrooge which they refer to themselves in a braggart manner and quite publicly on Face as the Grinch and Scrooge "working together" and "living under one roof' as they "rule the town" which I've heard this community be referred to as and "Bah Humbug These Facebook postings just go to show the hideous show of character that this husband and wife management team operates as. Regardless, none of the rules enforced in regard to their own property at 2 Aspen Lane within the community no? in regard to others so even if the first notice was drawn up properly it couldn't be enforced and therefore is null and void but does show malicious intent to evict and could be construed as nothing less than a retaliatory action against me which I will explain in New Matter and the Countersuit. I have neglected my pets, my medical care, my goals, a business I was going to start, etc. because of the actions the aforementioned. This has caused me severe mental, physical, personal and financial damages all of which and more that I want to sue those that perpetuated the harassment and the threats and now this illegal eviction over the fact that this landlord Frank Perano„ through the businesses he owns that are involved with the service and maintenance of the Park I am renting a lot in, is not maintaining his property or services as was expected and I wanted to hold him accountable. The eviction action was filed with the Magisterial District Judge more than 60 days fry the notice of the second violation, the MDJ lacks subject matter jurisdiction, and the case should not have proceeded and therefore cannot be applied as case brought to this Court. 13. Denied. Wasn't in compliance under the law. The notice procedure found in the statute is exclusive and requires strict adherence. If a proper first notice for eviction for rule violation is given, then "eviction proceedings may thereafter be commenced within 60 days of a second or subsequent violation-without further notice" Action was not filed "within" 60 days of last violation. All rules or rental charges shall be uniformly applied to all mobile home residents 14. Denied. Lease never states anywhere that rent is "due" on or before the first of the month. Lease actually states that rent is "collected" on the first and that late charges are applied after the 5th which would lead any person to believe that it permissible and acceptable to pay rent up until the 5th and not be considered late. Other tenants do so and none of them are being evicted as I am under thi; retaliatory action. 15. Denied. I am not in violation of "serious and material breaches of the Lease an the Rules violation and people with far worse offenses and not of fraudulent nature such as this using the court cost filing fees as non-payment of rent to evi me over, are not being evicted from the Park. All rules or rental charges shall bi uniformly applied to all mobile home residents 16. Denied. This is a retaliatory action perpetuated by those with malicious intent. The notice procedure found in the statute is exclusive and requires strict adherence.lf a proper first notice for eviction for rule violation is given, then "eviction proceedings may thereafter be commenced within 60 days of a seco or subsequent violation-without further notice" Action was not filed "within" 60 days of last violation. All rules or rental charges shall be uniformly applied to all mobile home residents. 17. I, Eva Ordo demand the full measures and remedies available to myself under the Landlord Tenant Act, the Mobile Home Rights Act, the Consumer Rights Ac and several other Acts, etc. and am withholding rent which I initially put into an escrow account I opened on June 1, 2012 at PNC Bank to withhold rent till matters I've brought with insurance and cable and many others are addressed. After speaking with my attorney Amy Hirakis from Mid Penn Legal Services she advised I take the money out and pay the rent at the prothonatary's office because she didn't know if my escrow account was something I could do legalll and she believed I had to pay the rent to the prothonatary's office because of tF supersedeus but she was not sure. After reading the supersedeus I see no mention that rent must be paid at the Prothonatary's office. IF I could simply set up a payment date that my bank PNC could make automatic payments on a certain date I would be fine with paying the rent to be held at the Prothonatary's office however I was informed I had to pay cash or such in person at their office Not only is this a hardship on me financially with the cost of gasoline but due to the fact that I have certain types of mental conditions that make it impossible at times to be able to follow that procedure I am not able to comply as such in a timely manner. Therefore I am putting my rent into escrow into the bank accour I opened specifically for rent escrow on June 1 2012 and it will be done in a timely manner from this date forward as it has been done for years prior to the FALSE charges of non-payment of rent in which the landlord used the court coE filing fees as the rental amount in dispute! I pray the court sees how corrupt such an action is and agrees that I should not be burdened to waste gas, time,ll mental stress to make a payment that severely inconveniences me in my mental state of mind and financial situation to the Prothonatary's office and allows me c make the payments into the PNC Bank escrow account I opened up for this purpose. June's rent was paid at the Prothonatary's office and July's rent is in PNC Bank account. In light of the fact that Mid Penn Legal Services refuses to represent me in this case in the manner that I have a Civil Right to bring Civil Suit against this mobile home park landlord with allegations of Consumer Frau , Retaliation, etc. I am forced, under severe mental duress that makes it impossible to timely and effectively "Answer" this Complaint in a manner of Pr( Se and lacking competence and therefore am asking permission for extra time seek legal representation and make Answers, bring New Matter, and Cross Complaints in the manner that is requested by the Court. I would also like to state that I was at the Prothonatary's office one minute prior to closing and accidently left my paperwork in my van parked next to the court house at the handicapped parking space and had to run (with pain)) to ge them and in the less than one minute's time that it took I was informed by the c women at the desk that I could not file it because they were closed. They used a guard to escort me out and would not take the filing of this paperwork. The strict time constraint and the Court's office personnel's not being flexible to accept y papers, not even if I just left them on the desk or shoved them under the door made it impossible to file this paperwork by the deadline set and I ask and pray that it is accepted today. And for the reason that I have mental issues and conditions that this false, frivolous and malicious case has heightened to the point I had to be hospitalized and seek extra-ordinary medical help and am clearly not able to function well enough to file it properly or in the manner it needs to be filed especially since Mid Penn Legal Service has refused to help me unless I comply with the manner they want to represent my case (without a countersuit for retaliation, etc) I ask that the Court accept my filing and give me additional time to find a lawyer to represent me. I am in such a diminished state by having to make NUMEROUS appeals through the Mid Penn Legal Services which wasted so much of my time and energy and just drained me mentally any physically making it impossible to function on a normal level ESPECIALLY in th diminished mental state I am forced to exist under that was also exacerbated b the bullying, harassment and threats that Frank Perano through his businesses Country Manor West and GSP Management and their employees Scot Fuhrma Todd Walters and the Jane and John Does all of whom are tenants that kept filing complaints at the office in a plight to get me evicted. This case which was brought about maliciously with intent to harass, threaten and cause emotional distress has compounded my emotional distress depression, anxiety etc. such that my normal ability was compromised Defenda has no adequate remedy at law. Defendant has compelling reasons and prays this Honorable Court to allow a reasonable time to correct and/or file additional things into her Answer, New Matter and Counterclaim . NEW MATTER At this time Defendant Eva Ordo is not mentally able due to the severity of mental andl 'I emotional issues this Plaintiffs actions has brought about her and because Mid Penn Legal Services refuses to represent her though they were acting as her attorney even after the Appeal was filed and arguably must have continued to represent her and she is without legal representation against her will and therefore this cannot be addressed at this time but will be hopefully within 30 to 60days she can find legal representation. At this time Defendant Eva Ordo is not mentally able, due to the severity of mental an emotional issues this Plaintiff's actions has brought about her and because Mid Penn Legal Services refuses to represent her though they were acting as her attorney even after the Appeal was filed and arguably must have continued to represent her, and sh is without legal representation against her will and therefore this cannot be addressed this time but will be hopefully within 30 to 60 days if she can find legal representation. Even so, the following is being submitted to the very best ability under the diminished conditions Eva Ordo has been put asunder. Counterclaims and Counts will be added at a later date and will includes such charges as: As a direct and proximate result of Plaintiff's actions Defendant has suffered the following damages: severe emotional harm economic harm including lost wages benefits and other privileges of employment serious damage to her reputation mental anguish loss of economic expectancies including an expectancy of future earnings benefits ai other privileges of employment impairment of her earning power and capacity which may continue indefinitely in the future inconvenience embarrassment and personal humiliation retaliatory eviction Health or Safety Violations Unfair debt collection practices WRONGFUL USE OF CIVIL PROCEEDINGS - LAWSUITS AND LEGAL PROCEEDINGS ALLEGEDLY FILED AS HARASSMENT TECHNIQUE. ABUSE OF PROCESS malicious prosecution Breach of warranty of habitability right to quiet enjoyment intentional and negligent infliction of emotional distress ON AN ALREADY MENTALL' DISABLED INDIVIDUAL SUFFERING FROM DEPRESSION, STRESS, FEAR, ANXIETY. WRONGFUL EVICTION OF RECOVERING MENTALLY & PHYSICALLY DISABLED INDIVIDUAL- Negligence for injuries caused by a dangerous condition (hazard trees) that a landlorc knew needed correction, but did not correct in common areas. The water quality is questionable as well. I do not drink it & only bathe in it. mail fraud ...for billing ahead... Hidden DefectsA landlord is liable for injuries caused byhidden defects or bad conditions in your apartment that existed at the beginning of your tenancy. Failure to Make Repairs Paying for Utilities Without a Written Agreement Under the state Sanitary Code, unless there is a written agreement that specifically states that you, the tenant, are required to pay for the hea hot water, gas, or electricity, the landlord must pay for these utilities If a landlord puts any utilities in your name without a written agreement, this is considered a breach of your right to quiet enjoyment Nuisance A landlord who participates in the creation of a condition that "materially interferes wit the ordinary comfort of human existence" or that lowers the reasonable use or value c property may be found liable for injuries caused by that condition conditions involving noise, noxious odors, fumes, or vermin constitute a nuisance.86 tort for fraud and deceit" Bad conditions and breach of warraanty of habitability. Breach of quiet enjoyment Retaliation Unfair or deceptive practices neglgence Infliction of emotional distress Above is a partial list of things Eva Ordo is wanting to bring suit against the above named for. The above named plaintiffs partially or entirely resulted in the eviction of Eva Ordo fro the community and I am asking that they be held liable to the fullest extent of the law and I be awarded for losses, pain and suffering, punitive, collateral damages, etc. 1 mi repeat, I am filing this under duress and need an attorney since Mid Penn Legal Services refuses to represent this case and has not referred me elsewhere. As a direct and proximate result of Plaintiff's fraudulent inducement Defendant has suffered and continues to suffer damages The conduct of Plaintiffs was fraudulent willful and intentional and constituted del acts and omissions having a high probability of harm and reckless indifference to the consequences by reason, etc. of which Defendant is entitled to punitive damages against Plaintiffs jointly and severally in a compensatory and punitive sums. Wherever applicable TREBLE awards are being requested. WHEREFORE, Eva Ordo respectfully requests this Court to dismiss the charges brought by Country Manor West and allow her to continue to make payments into an escrow account opened on June 1St, 2012 for the purpose of withholding rent until the countersuit in regard to this case I am attempting to bring under Duress as Pro Se is brought up to the level of done properly either through an attorney or by Eva Ordo Pi Se requiring a Jury Trial or WHEREFORE the Defendant demands judgment in her favor in an amount in excess of $300,000.000 plus interest and costs of the suit. Respectfully submitted, Eva Ordo Pro Se 72 Cherry Lane Carlisle, Pa 17015 VERIFICATION I hereby verify that the statements in this petition are true and correct to the best of their knowledge information and belief I understand that this verification is made subject to the penalties of 18 Pa C SA section 4904 relating to unsworn falsification to authorities. Dated Eva Ordo Pro Se CERTIFICATE OF SERVICE I hereby certify that on July 17, 2012 a true and correct copy of the foregoing document was served upon the following individuals via first class mail: Frank T. Perano Country Manor West GSP Management Co. Scot Fuhrman Daniel Schranghamer And a copy was presented to the Prothonatary Office Dated _-)' 1/ Respectfully Submitted Eva Ordo 72 Cherry Lane Carlisle, Pa 17015 IN THE COURT OF COMMON PLEAS f .. L i s v? 1,V 1 ' { y? J? W U. Z tip 1. a . PIC & POSTS COPIED-FROM SCOT FUHRMAN'S FACEBOOK PAGE AFTER HE CHANGED HIS PROFILE PICTURE BELOW: EKathy Wright Fuhrman PERFECT ...BABE THIS IS YOUR NEW CHRISTMAS PROFILE PIC. HAHAHAHA LOVE IT! THE GRINCH AND SCROOGE WILL RUN THE TOWN. December 20, 2011 at 11:31pm o cot Fuhrman Look out world the Grinch and Scrooge under one roof, working together, only one thing to say.... "BAH HUMBUG!!!!" December 21, 2011 at 7:10pm rwm4 ri? own* CD Polo& POW*,* ML: ,; 45 71LL 5FPuICL7- E Gov 2 CA& 6::?, r?-y ?-R4(XX A /C-/p L/GtI?S ?-tzE 013,;7-C42721D fru? ?uFSTr? ? 40K?AducTic? cf?c Z)[?-/7 /ql4v,jr e?7-71? FL) /kz' 15 Country Manor West 2 Apple Alley Carlisle, PA 17015 July 1, 2010 Dear Country Manor West Residents: This is to inform you that there will be a change in the way the late fees will be assessed to past due accounts. Effective September 1, 2010, your account will be assessed a $30.00 late charge if your payment is received in our office after the 5th of the month. Rents are due on the first of each month, in advance. We encourage yo to pay your rent on time each month to avoid incurring additional expenses for late fees and court costs. The charge for returned checks will remain th same, at $30.00 as outlined in your lease. Rental payments should be made by check or money order, payable to Country Manor West. Please allow 2-3 days for your payment to reach our office, if mailed. Remember, however, that late fees are based on the date we receive your payment; not the date you mailed it. Please mail your rental payments to: Country Manor West 2 Apple Alley Carlisle, PA 17015 We are pleased to have you living in our community and look forward to serving you in the future. Thank you, Country Manor West COUNTRY MANOR WEST 2 APPLE ALLEY 1\1'CARL1S1-E,13A 17015 Eva Ordo 72 Cherry Lane Carlisle PA 17015 Country Manor West P.A.N.: BK9673 Lot No. 072 March 15, 2012 Dear M.Ordo Our Records indicate that, as of 3/15/12 you have a past due balance of Your balance may not include all late c aF-rges currently due on your account. If you have not please contact the office to verify your balance, and remit the total balance due immediately. Until your payment is received, you are hereby issued 30 day tics of eviction for nnCj-pa nt of ren You are further advised that another violation for non-payment of rendwithin the next six (6) months is sufficie cause to file a Landlord/Tenant Action against you immediately; further written notice is not required. If you have received an eviction notice within the last six (6 months, a Landlord/Tenant action May be filed, whether you receive this notice or not. apt offs notice onot delay Landlord/Tenant proceedings, if you have received a prior notice within the last 6 months. Filing against you will result in additional charges to you, and could lead to your eviction from the community. Thank you for your prompt attention to this matter. Sincerely: COUNTRY MANOR WEST d-u l s? ef--) ew /-f-,i,i4 a ' 11V0 ?4-tp )e4Ft'r A 71-Atic.1 y IcE, e apt/ 3 i? - 1,2,- c- 6-"' s< P, e- O1//c Ticr-j /?F? --/.0,-y 7 )led by Kelly, Janet 06/01/2011 08:16:45 AM ORTHOPEDIC II 37TTUM OF I MRSYLVANIA PHYSICAL ERAVY TEUMNE: (717) 920-2620 FAX: (717) 920-2621 May 25, 2011 Re: Eva Ordo Ms. Kelly, Eva Ordo has attended 5 Physical therapy visits over the past four weeks. Her complaints are very global from pain in her groin, buttock, lumbar spine, thoracic spine, cervical spine. She has not had any lasting benefit from the intervention to date. We have treated her with manual therapy to the neck and lower back as well stabilization exercises for abdominals and lower extremities. Due to the extreme fluctuation in her pain and the lack of progress with her symptoms we are discharging her form PT. She was advised to follow up with your office. Please follow up with her at your earliest convenience, Than ou and thank you for taking the time talking with me regarding Eva. Tod J. Dame,; PT 3399 Trlndle Road, 2nd Floor Camp 1, PA 1701 Name: ORDO, EVA DOB: 02124/1959 Date: PENNSTATE HERSHEY G Milton S. Hershey Medical Center Patient Name: ORDO, EVA MRN 0135209 There are endplate Schmorl's nodes at T11-T12, T12-L1 and L1-L2. The prevertebral soft tissue stru tures in the lumbar region are unremarkable. No evidence of aneurysmal dilatation or gross lymphadenopath . There is straightening of the normal lumbar lordosis..The conus medullaris is normal fn signal intensity and configuration. The tip of the conus is at L1. L1-L2 No neural foraminal narrowing or spinal canal stenosis. L2-L3 No neural foraminal narrowing or spinal canal stenosis. -L4 there is a left foraminal and far la rotrusion navjoi? s effect on the exitin 3 nerve root and moderate left neural foraminal stenosis. There is mild left-sided central nat crennpd rate left No neura oraminal narrowing or spina canal stenosis. There is a L3 vertebral body hema_n_g L4-L5 there is a circumferential disc bulge withposterinr acPt arthrn?anrl t causing mild central canal stenosis and moderate bilateral lateral recess stenosit L5-S1 there causing mil narrowing. IMPRESSION: o neural 1. Degenerative changes in the lumbar spine most conspicuous at L3-14 with a lateral disc protrusion causing mild mass effect on the exiting L3 nerve root. ' 2. Postsurgical changes at L2-L3. No enhancing mass lesions identified in the lumbar spine. DICTATED: ZACHARIA, T THOMAS REVIEWED AND SIGNED: ZACHARIA, T THOMAS DATE DRAFTED: 07/01/2011 09:57 AM DATE OF FINAL SIGNATURE: 07/01/201111:39 AM Date/Time Printed: 7/1/2011 12:03 EDT Printed By: Floyd,Lori A Page Pof2 r +L ? ? o, [.; F.. ,L PRO TFi0,,? + ? r 2 IZ JUL 20 PH 12: 56 CUM0ERLANL) C0Uj F , PEQYLVANIA CERTIFICATE OF SERVICE Cr UiL I, Eva Ordo, do hereby state and wish to add to my "Answer, New Matter a d Counterclaim" documents that were filed on July 17, 2012 at the Cumberland County Prothonatary's office that I was not mentally or physically able to mail the "Certificate of Service" with all it's paperwork to those named below on that date because I had to go to the Carlisle Emergency Room for Mental Health issues, etc. brought on by having to deal with this case without an attorney under the time constraints. I stated to several ladies at the Prothonatary's office that I felt like I was going to pass out right before they closed at 4:30pm on Jul 17, 2012. 1 then went to the Emergency Room from the Prothonatary's office a wasn't able to go to the post office afterwards as I was released at 10:30 pm. Therefore, since I was not able to serve these papers in a timely manner due t Mental Health issues I hereby certify that on July 18, 2012 a true and correct copy of the foregoing document was served upon the following individuals via first class mail: Frank T. Perano, 2846 Main Street, Suite 12A, Morgantown, PA 19543 Country Manor West, 2 Apple Alley, Carlisle, Pa 17015 GSP Management Co., P.O. Box 677, Morgantown, Pa 19543 Scot Fuhrman, 2 Aspen Ln, Carlisle, PA 17015 Daniel Schranghamer, 800 W. 4th Street, Suite 200, Williamsport, PA 17701 And a copy of this 2"d Certificate of Service was served vial first class mail to Cumberland County Prothonotary, 1 Courthouse Sq., Room 102, Carlisle, 17013 to be added to my case file No 12-2964 Civil. Respectfull Submitted Eva Ordo 72 Cherry Lane Carlisle, Pa 17015 CERTIFICATE OF SERVICE I hereby certify that on July 17, 2012 a true and correct copy of the foregoing document was served upon the following individuals via first class mail: Frank T. Perano %o ? A G) 70 Rte' Country Manor West 14 GSP Management Co C'?ES lG ?,?7 juC> 4W 74:?? T1 Scot Fuhrman a7?7 C ? -:3 &,,,e / ?- L?2?'r Daniel Schranghamer ?????/C •}' L>5 ?' Uicv??5 5 And a copy was presented to the Prothonatary Office Date Respectfully Submitted Eva Ordo 72 Cherry Lane Carlisle, Pa 17015 ONO TON u Y GtPubaER ?Y?O AN1ATY PER?N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Country Manor West, Case No. 12-2964 Civil Plaintiff, V. Eva Ordo, Defendant. PRELIMINARY OBJECTIONS Plaintiff Country Manor West and alleged "Counterclaim" Defendants Frank T. Perano ("Mr. Perano" ), GSP Management Co. ("GSP"), and Scott Fuhrman ("Fuhrman") hereby file Preliminary objections to the "Answer, New Matter and Counterclaim to Plaintiffs Comnlai and in support of these Preliminary Objections, allege as follows: 1. The Plaintiff in this action is Country Manor West. 2. Country Manor West owns and operates the Country Manor West Mobile Home Park (the "Park") Page 1 of 11 3. Defendant Eva Ordo ("Ms. Ordo") leases Lot No. 072 (the "Lot") in the Park from Country West Manor West. 4. On June 4, 2012, Country Manor West served Ms. Ordo with its complaint in matter. In its complaint, Country Manor West seeks possession of the Lot and any rent from Ms. Ordo at the rate of $371.00 per month, plus late fees, interest, costs, and any relief the court deems fair and reasonable. 6. On July 18, 2012, Ms. Ordo served Country Manor West, Mr. Perano, GSP, Mr. Fuhrman via first-class mail with a document entitled "Answer, New Matter and Counterclaim to Plaintiffs Complaint" (the "Answer"). 7. In this Answer, Ms. Ordo identifies herself as the Plaintiff and Frank T. Perano, Country Manor West, GSP Management Co., Scot Fuhrman, and John and Jane Does 1-10 as Defendants. A. Failure of New Matter to Conform to Rule of Court (Rule 1028(a)(2)). 8. Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 9. Under Rule 1022 of the Pennsylvania Rules of Civil Procedure, pleadings must divided into consecutively-numbered paragraphs and each paragraph may contain only one material allegation. 10. Ms. Ordo's "new matter" is not divided into consecutively-numbered 11. To the extent Ms. Ordo's new matter is divided into paragraphs, each paragraph contains multiple allegations. Page 2 of 11 12. Because Ms. Ordo's new matter does not conform to Pa.R.Civ.P. 1022, it will extremely difficult for Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman to reply to whatever allegations are contained in those paragraphs. WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman request that the Court sustain this preliminary objection and strike Ms. Ordo's new matter. B. Allegations of Impertinent Matter (Rule 1028(a)(2)). 13. Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 14. An allegation in a pleading is impertinent if it is immaterial and inappropriate the proof of the cause of action. Jubelirer a Rendell, 904 A.2d 1030, 1033 (Pa.Cmwlth. 15. The two paragraphs in Ms. Ordo's new matter only contain allegations related her inability to find a lawyer. 16. Ms. Ordo's allegations in these two paragraphs are impertinent because they do not relate to her defense to Country Manor West's complaint or the counterclaims she is attempting to allege against Country Manor West, Mr. Perano, GSP, or Mr. Fuhrman. WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection and strike Ms. Ordo's new matter. C. Failure of Counterclaims to Conform to Rule of Court (Rule 1028(a)(2)). 17. Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. Page 3 of 11 18. Under Rule 1022 of the Pennsylvania Rules of Civil Procedure, pleadings muss be divided into consecutively-numbered paragraphs and each paragraph may contain only one material allegation. 19. Ms. Ordo's "counterclaims" are not divided into consecutively-numbered paragraphs. 20. Because Ms. Ordo's counterclaims do not conform to Pa.R.Civ.P. 1022, it will extremely difficult for Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman to answer whatever allegations are contained in these counterclaims. WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection and strike Ms. Ordo's counterclaims. D. Demurrer to Counterclaims (Rule 1028(a)(4)). 21. Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 22. Pennsylvania is a fact-pleading state that requires a counterclaim to apprise a plaintiff of the claim being asserted and to summarize the essential facts that support the claim. 23. Pa.R.Civ.P. 1019(a) requires that the "material facts on which a cause of action defense is based shall be stated in a concise and summary form." 24. The purpose of Pa.R.Civ.P. 1019(a) is to require the pleader to disclose the "material facts" so the adverse party can prepare his case. 25. Under Pa.R.Civ.P. 1020(a), if a complaint states more than one cause of action against the same party, "[e]ach cause of action and any special damage related to [that cause of action] shall be stated in a separate count containing a demand for relief." Page 4 of 11 26. Ms. Ordo's counterclaims do not contain any separate counts. 27. It is difficult to determine the causes of action Ms. Ordo is alleging in her counterclaims, but she seems to be pursuing the following claims: • Health or safety violations. • Unfair debt collection practices. • Wrongful use of civil proceedings. • Abuse of process. • Malicious prosecution. • Breach of warranty of habitability. • Breach of right to quiet enjoyment. • Intentional and negligent infliction of emotional distress. • Wrongful eviction of recovering mentally and physically disabled individual. • Negligence. • Hidden defects. • Failure to make repairs. • Not paying for utilities. • Nuisance. • Fraud and deceit. • Bad conditions. • Retaliation. • Unfair or deceptive practices. 28. Ms. Ordo's counterclaims do not identify any facts in support of these claims. Page 5 of 11 29. Ms. Ordo's counterclaims do not identify the individuals against whom any specific claims are being brought. 30. The court must sustain preliminary objections in the nature of a demurrer under the facts averred, the law says with certainty that no recovery is possible. 31. In her counterclaims, Ms. Ordo has not alleged any facts upon which a recovery is possible. WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection and strike Ms. Ordo's counterclaims. E. Improper Service of Counterclaims (Rule 1028(a)(1)). 32. Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 33. Under Pa.R.Civ.P. 402(a), original process may be served either by handing the document to the defendant or any of the following: At the residence of the defendant, by handing the document to an adult member of the defendant's family or an adult person in charge of the residence; ii. At the residence of the defendant, by handing the document to the clerk or manager of the hotel, inn, apartment house, boarding house, or other place lodging at which the defendant resides; or iii. At any usual place of business of the defendant, by handing the document to the defendant's agent or the person in charge of the place of business. Page 6 of 11 34. Ms. Ordo merely served her new matter and counterclaims on Mr. Perano, and Mr. Fuhrman via first-class mail. Copies of the certificates of service attached to Ms. Orc o's Answer are attached hereto as Exhibit A. 35. Improper service is not merely a procedural defect that can be ignored even if individual learns of the action against him or her. ANS Associates, Inc. a Gotham Insurance Company, 42 A.3d 1074, 1077 (Pa.Super. 2012). 36. Mr. Perano, GSP, and Mr. Fuhrman, therefore, have never been properly with original process against them. WHEREFORE, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection and strike Ms. Ordo's counterclaims against them. F. Lack of Jurisdiction Over the Person (Rule 1028(a)(1)). 37. Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 38. A court does not have personal jurisdiction over a person unless the person is properly served with original process. Miller a Klink, 871 A.2d 331, 334 (Pa.Cmwlth. 2005). 39. Since Mr. Perano, GSP, and Mr. Fuhrman were not properly served pursuant to Pa.R.Civ.P. 402, this court does not have personal jurisdiction over them. WHEREFORE, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection and strike Ms. Ordo's counterclaims against them. G. Failure to Conform to Rule of Court (Rule 1028(a)(2)). 40. Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. Page 7 of 11 41. Under Pa.R.Civ.P. 1031(a), a counterclaim is a "cause of action cognizable in civil action which the defendant has against the plaintiff at the time of filing the answer." 42. Since Mr. Perano, GSP, and Mr. Fuhrman are not plaintiffs in this matter, Ms. Ordo may not bring any counterclaims against them. WHEREFORE, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court '. sustain this preliminary objection and strike Ms. Ordo's new matter and counterclaims against them. H. Failure of Answer to Conform to Rule of Court (Rule 1028(a)(2)). 43. Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 44. The vast majority of Ms. Ordo's Answer is comprised of a rambling narrative description of the history of Ms. Ordo's tenancy at Country Manor West. 45. Under Pa.R.Civ.P. 1029, a responsive pleading must admit or deny each of fact in the preceding pleading or state that after a reasonable investigation the party is to form a belief as to the truth of the averment. 46. Under Pa.R.Civ.P. 1030(a), if a party intends to raise material facts that are not mere denials of the averments in a preceding pleading, the party may set forth those facts in matter. 47. To the extent Ms. Ordo intends for her narrative history to be new matter, she must allege those facts in separate paragraphs. 48. As written, it is almost impossible for Country Manor West, Mr. Perano, GSP, or Mr. Fuhrman to respond to the new facts alleged in Ms. Ordo's Answer. Page 8 of 11 WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman request that the Court sustain this preliminary objection and strike Ms. Ordo's Answer in its entirety. 1. Impertinent Information in Answer (Rule 1028(a)(2)). 49. Country Manor West, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 50. The vast majority of the rambling narrative contained in Ms. Ordo's Answer do not relate to her defense to Country Manor West's complaint. WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection and strike Ms. Ordo's new matter. J. Insufficient Specificity of Counterclaims (Rule 1028(a)(3)). 51. Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 52. Pennsylvania's "system of pleading requires that the material facts upon which cause of action is premised be pled with sufficient specificity so as to set forth the prima facie elements of the tort or torts alleged." Feingold a Hill, 521 A.2d 33, 38 (Pa.Super. 1987). 53. Ms. Ordo's counterclaims do not set forth any facts to support the claims 54. As a result, Ms. Ordo's counterclaims are not sufficiently specific to set forth prima facie claims against Country Manor West, Mr. Perano, GSP, or Mr. Fuhrman. WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection and strike Ms. Ordo's counterclaims. Page 9 of 11 Respectfully submitted, P Manem nt Daniel F. Schran er Attorney I.D. No. 11 800 West Fourth Street Williamsport, PA 17701 Phone: (570) 326-2814 Dated: July, 2012 Page 10 of 11 CERTIFICATE OF SERVICE I, Daniel F. Schranghamer, hereby certify that on July` c7 , 2012, I caused a copy of foregoing document to be served on counsel for Petitioner via first-class United States mail, postage pre-paid, addressed as follows: Eva Ordo 72 Cherry Lane Carlisle, PA 17015 C _r _ Daniel F. Schrang er, Esq. Page 11 of 11 Exhibit 66 A" CERTIFICATE OF SERVICE I hereby certify that on July 17, 2012 a true and correct copy of the foregoing document was served upon the following individuals via first class mail: Frank T. Perano Country Manor West GSP Management Co. Scot Fuhrman O lj Daniel Schranghamer And a copy was presented to the Prothonatary Office Dated 9 Respectfully Submitted Eva Ordo 72 Cherry Lane Carlisle, Pa 17015 CERTIFICATE OF SERVICE I, Eva Ordo, do hereby state and wish to add to my "Answer, New Matter an( Counterclaim" documents that were filed on July 17, 2012 at the Cumberland County Prothonatary's office that I was not mentally or physically able to mail the "Certificate of Service" with all it's paperwork to those named below on that date because I had to go to the Carlisle Emergency Room for Mental Health issues, etc. brought on by having to deal with this case without an attorney under the time constraints. 1 stated to several ladies at the Prothonatary's office that I felt like I was going to pass out right before they closed at 4:30pm on July 17, 2012. 1 then went to the Emergency Room from the Prothonatary's office and wasn't able to go to the post office afterwards as I was released at 10:30 pm. Therefore, since 1 was not able to serve these papers in a timely manner due to Mental Health issues I hereby certify that on July 18, 2012 a true and correct copy of the foregoing document was served upon the following individuals via first class mail: Frank T. Perano, 2846 Main Street, Suite 12A, Morgantown, PA 19543 Country Manor West, 2 Apple Alley, Carlisle, Pa 17015 GSP Management Co., P.O. Box 677, Morgantown, Pa 19543 Scot Fuhrman, 2 Aspen Ln, Carlisle, PA 17015 Daniel Schranghamer, 800 W. 4th Street, Suite 200, Williamsport, PA 17701 And a copy of this 2"a Certificate of Service was served vial first class mail to Cumberland County Prothonotary, 1 Courthouse Sq., Room 102, Carlisle, 17013 to be added to my case file No 12-2964 Civil. Respectfully Submitted va rc o 72 Cherry Lane Carlisle, Pa 17015 -l-o ?j r9?2 ? ? eta -*/y e ??Gt 9 i 0 ),7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Eva Ordo Plaintiff vs FRANK T.'PERANO COUNTRY MANOR WEST GSP MANAGEMENT CO. SCOT FUHRMAN JOHN/JANE DOES Defendants No 12-2964 Civil CIVIL ACTION-LAW JURY TRIAL DEMANDED Whereby on this date the Court orders Signed: L4ALI, Etna Ordo, do hereby state and wish to add "Answer, New Matter and -17 It Counterclaim" documents that were filed on F,2012 at the Cumberland County Prothonatary's Oft 0-T-7-n-MIly HJ?J rv's office i udjjowi pass out rl ht before th closed at 4-.-'30pm on July 17 office and go ??=e7erwards was =?N-30 pm. manner due to document was served upon first Frank T. Perano, 2846 Main Street, Suite 12A, Morgantown, PA 19543 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Eva Ordo Defendant vs FRANK T. PERANO COUNTRY MANOR WEST GSP MANAGEMENT CO. SCOT FUHRMAN JOHN and JANE DOES 1-10 Plaintiffs zrn 5 No 12-2964 Civil ?? cry CD CIVIL ACTION-LAW I:3 CD , JURY TRIAL DEMANDED ANSWER AND NOW this 16th day of July, 2012, comes the defendant Eva Ordo, Pro Se as follows: 1. Denied as stated on both statements. Defendant knows the plaintiff "Country Manor West" as a mobile home park/business owned by Frank T. Perano. Defendant knows "GSP Management Co." to be a business owned by Frank Perano that operates "Country Manor West" mobile home park. As to the existence or status of "Country Manor West," "Country Manor West Mobile Home Park ("Park"), "GSP Management Co." Defendant denies this assertion in that they lack information to determine the truthfulness thereof after reasonable investigation. In fact whenever Defendant has been dissatisfied with arbitrary actions of management which will be detailed in New Matter and a Counterclaim to be asserted herein the Country Manor West mobile home park manager (Scot Fuhrman) operating under GSP Management Co. has directed Defendant to complain orally or in writing to his wife, a general manager under GSP Management Co., Kathy Fuhrman. I have received (as recently as May 08, 2012) letters from Leanne Miller the operations manager under GSP Manangement Co. with a mailing address of P.O. Box 677, Morgantown, PA 19543. If the existence and status of the relationship of those described in this averment is material, strict proof thereof is demanded. 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Denied. Defendant is bringing charges against Plaintiff of Retaliatory Eviction, Consumer Fraud, Intentional Infliction of Emotional Distress, etc. and is therefore Countersuing for tens of thousands of dollars, and asking for tort & punitive damages, double or treble. 8. Denied. I was informed by Scot Fuhrman, prior to signing the lease or purchasing a mobile home that was being sold in Country Manor West mobile home park that they do not enforce the lease or rules very strictly. • The lots surrounding the Lot I was wanting to rent as well as throughout the mobile home park's over 400 lots in the community have numerous Park Rules violations evident in plain sight.. • . Just a few yards away from the office at 2A Apple Alley (and within sight of the office, swimming pool, community mailboxes) sits a barn type shed in a severely blighted condition, boarded up with signs warning people (like children playing at the nearby playground or on their way to the Park swimming pool) to stay off of the roof because it could collapse. • The cement foundation in front of this shed is in ruins and crumbling like rubble. • The cement foundation on and surrounding the mailbox area was in ruins and crumbling. • The lot rented by Colleen Austin cattycomer and across the street from the residence I was wanting to purchase and rent a lot on had debris and rubble strewn across the entire length of the home. This lot is now in disgustingly blighted condition and she is NOT BEING EVICTED! • 1 was told by Scot Fuhrman to write on the lease agreement that I only had two cats and not three because they do not enforce that rule. • The inexpensive home I purchased was uninhabitable because the management did not enforce rules and allowed the woman to keep 9 Chihuahua dogs in it and the sub flooring needed to be removed to make it habitable. • All rules or rental charges shall be uniformly applied to all mobile home residents and I was going by what I saw. 9. Admitted. 10. Denied. Rules and rental charges are not uniformly applied to all mobile home residents 11. Denied on all 4 allegations. Rules and rental charges are not uniformly applied to all mobile home residents 12. Denied. • Rules violations notices were not served in the time frame manner required • Not all copies were submitted under Exhibit B and I submitted the ones they left out which were served inappropriately and not in proper time frames. 13. Denied. • Wasn't in compliance under the law. The notice procedure found in the statute is exclusive and requires strict adherence. If a proper first notice for eviction for rule violation is given, then "eviction proceedings may thereafter be commenced within 60 days of a second or subsequent violation-without further notice" Action was not filed "within" 60 days of last violation. • All rules or rental charges shall be uniformly applied to all mobile home residents 14. Denied. • Lease does not state that rent is "due" on or before the first of the month. • Lease states that rent is "collected" on the first and that" late charges are applied after the 5"' " which would lead any person of any intelligence to understand that it is permissible and acceptable to pay rent up until the 5"' and not be considered late. Judge Day disagreed. • 1 did submit a copy of a Newsletter dated July 1, 2010 with my first Answer as Evidence that cleanly states "Effective September, 2010, your account will be assessed a $30.00 late charge if your payment is received in our office after the 5t' of the month. Again, such a statement implies rent is not late till after the 5t'. 1 have 1 newsletter from April 2011 and copies of two leases issued to tenants during the same time I had tenancy in which "their" lease rules state there is either a "grace period" of five or seven days. I will have to submit copies of these within a few days to add to this as evidience. My lease just states "late charges will be assessed after the 5"'." • All rules or rental charges shall be uniformly applied to all mobile home residents. OTHERS are NOT being evicted for paying before the 5"' but that is what this organization is trying to do! This eviction is a retaliatory act. 15. Denied. All rules or rental charges shall be uniformly applied to all mobile home residents. Eviction is a retaliatory act. 16. Denied • Identically same rules violations and even far more egregious ones committed by other tenants are not enforced for years to decades. All rules or rental charges shall be uniformly applied to all mobile home residents. Eviction is a malicious retaliatory act intended to inflict emotional distress. 17. Denied. My rent for March 2012 was not late at time of filing which was March 26, 2012 AND my rent for May was not late on the date of the trial on May 3, 2012 before DJ Susan Day. March and May's rents were paid before the 5t?' of each month and the bank statements my attorney showed her reflected rent has always been on time for one year up until March ...I did not have May's statement and May's rent was not the reason we we were in court for! She also disregarded the fact that the lease does not consider rent late till after the 5t'. • On June 2012, 1 OVERPAID the Prothonotary when I paid $371.00 because the only amount I owed was $129.88 for the court cost filing fees, which I feel was extorted cause the late rent charge was clearly bogus and filed maliciously to evict me under false pretenses and out of retaliation for me complaining about lack of maintenance conditions that were affecting my safety, habitability and utilities. WHEREFORE, the court cost filing fee amount DJ Day imposed of $129.88 was settled when I paid $371.00 to the Prothonotary's office on June 2012 and rent was NEVER late but paid in a timely manner up until May of 2012, 1 do not believe I am obligated to continue paying under any Supersedeas which my attorney Amy Hirakis NEVER explained what that entailed. WHEREFORE, DJ Day's judgment is confusing and not comprehendible I am under no obligation to pay rent after I settled the amounts due from that hearing date, which I did...I actually OVERPAYED when I paid $371.00 on June 2012 at the Prothonotary's office and would like a refund. DJ Day's Disposition Details are as follows "Grant possession if money judgment is NOT satisfied by the time of eviction..." NO"" Which to me states, that the landlord may not get possession of my property whether I pay the money judgment or not. WHEREFORE, In November of 2011 1 threatened Scot Fuhrman that I would be suing and withholding rent because of lack of maintenance conditions that were affecting my safety, habitability and utilities and he retaliated before I got a chance to and as of June 2012 1 have exercised my right to withhold rent. NEW MATTER Defendant Eva Ordo received a letter (shortly after the judge kindly granted her 30 days to file additional paperwork) that the landlord plans on evicting her because a Supersedeas was ALLEGEDLY violated. I have had to pack most all of my belongings as it would take longer than 10 days to pack should I get such a 10 day eviction demand. Defendant Eva Ordo is under psychiatric care for mental issues that has been exacerbated to an unbearable level and is not capable of packing AND providing New Matter and Countersuit as the court and Plaintiffs attorney would like. I did pack and have 95% of my legal documentation ready to be put in print. I also have physical symptoms (see MRI results) that are making it very painful (I can't take pain medication other than Tylenol) to have packed most all of my belongings in case I am evicted forcibly for ALLEGEDLY violating a Supersedeas which I do not believe !I did as I am now withholding rent for valid reasons which will be addressed in New Matter and Countersuit very precisely and clearly in less than three days before close of business at the Cumberland County Court House on Oct 18, 2012. I beg your honor to extend the 30 days you were kind enough to extend for me till October 18, 2012, JUST THREE MORE DAYS, I BEG, as I have completed all the research and just need to type it up properly. I have gathered evidence of a pattem/history of this landlord, through his company Country Manor West and GSP Management, evicting others illegally and extorting court cost fees as he does as well as hundreds of pictures and video from the past 4 years of how they do not enforce rules uniformly and are harassing people with rules violations they either do not follow through on or do not enforce in regard to others let alone on their own property. Counterclaims and Counts will be added I haive all of this in paragraph form and just need to proof read and polish off and it will only take me three more daYS to submit. As a dirOct and proximate result of Plaintiff's actions Defendant has suffered the following damages: severe emotional harm economic harm including lost wages benefits and other privileges of employment serious damage to her reputation mental anguish loss of economic expectancies including an expectancy of future earnings benefits and other privileges of employment impairment of her eaming power and capacity which may continue indefinitely in the future inconvenience embarrassment and personal humiliation retaliatory eviction Health Or Safety Violations Unfair debt collection practices WRONGFUL USE OF CIVIL PROCEEDINGS - LAWSUITS AND LEGAL PROCEEDINGS ALLEGEDLY FILED AS HARASSMENT TECHNIQUE. ABUSE'OF PROCESS malicious prosecution Breach of warranty of habitability right to quiet enjoyment intentional and negligent infliction of emotional distress ON AN ALREADY MENTALLY DISABLED INDIVIDUAL SUFFERING FROM DEPRESSION, STRESS, FEAR, ANXIETY. WRONGFUL EVICTION OF RECOVERING MENTALLY & PHYSICALLY DISABLED INDIVIDUAL- Negligence for injuries caused by a dangerous condition (hazard trees) that a landlord knew needed correction, but did not correct in common areas. The water quality is questionable as well. I do not drink it & only bathe in it. mail fraud ...for billing ahead... Hidden DefectsA landlord is liable for injuries caused byhidden defects or bad conditions in your apartment that existed at the beginning of your tenancy. Failure to Make Repairs Paying for Utilities Without 'a Written Agreement Under the state Sanitary Code, unless there is a written agreement that specifically states that you, the tenant, are required to pay for the heat, hot water, gas, or electricity, the landlord must pay for these utilities If a landlord puts any utilities in your name without a written agreement, this is considered a breach of your right to quiet enjoyment Nuisance A landlord who participates in the creation of a condition that "materially interferes with the ordinary comfort of human existence" or that lowers the reasonable use or value of property may be found liable for injuries caused by that condition conditions involving noise, noxious odors, fumes, or vermin constitute a nuisance.86 tort for fraud and deceit" Bad conditions and breach of warraanty of habitability. Breach of quiet enjoyment Retaliation Unfair or deceptive practices neglgence Infliction of emotional distress Above is a partial list of things Eva Ordo is wanting to bring suit against the above named for. The above named plaintiffs partially or entirely resulted in the eviction of Eva Ordo from the community and I am asking that they be held liable to the fullest extent of the law and I be awarded for losses, pain and suffering, punitive, collateral damages, etc. I must repeat, I am filing this under duress and need an attorney since Mid Penn Legal Services refuses to represent this case and has not referred me elsewhere. As a direct and proximate result of Plaintiff's fraudulent inducement Defendant has suffered and continues to suffer damages The conduct of Plaintiffs was fraudulent willful and intentional and constituted deliberate acts and omissions having a high probability of harm and reckless indifference to the consequences by reason, etc. of which Defendant is entitled to punitive damages against' Plaintiffs jointly and severally in a compensatory and punitive sums. Wherever applicable TREBLE awards are being requested. WHEREFORE, Eva Ordo respectfully requests this Court to dismiss the charges brought by Country Manor West and allow her to file a completed document in three days time. WHEREFORE the Defendant demands judgment in her favor in an amount in excess of $300,000.000 plus interest and costs of the suit. Respectfully submitted, Eva Ordo Pro Se 72 Cherry Lane Carlisle, Pa 17015 VERIFICATION I hereby verify that the statements in this petition are true and correct to the best of their knowledge information and belief I understand that this verification is made subject to the penalties of 18 Pa C SA section 4904 relating to unswom falsification to authorities. Dated Eva Ordo Pro Se CERTIFICATE OF SERVICE 1 hereby certify that on Ju4y~4*F; 2012 a true and correct copy of the foregoing document was served upon the following individuals via first class mail: Frank T. Perano Country Manor West GSP Management Co. Scot Fuhrman Daniel lSchranghamer And a copy was presented to the Prothonatary Office Dated IIJ -7 -5 -12- , Respectfully Submitted Eva Ordo 72 Cherry Lane Carlisle, Pa 17015 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Eva Ordo Plaintiff VS No 12-2964 Civil CIVIL ACTION-LAW FRANK T PERANO COUNTRY MANOR WEST GSP MANAGEMENT CO. SCOT FUHRMAN JOHN/JANE DOES Defendants JURY TRIAL DEMANDED NOTICE YOU HAIVBBEEN SUED IN COURT If you wish to defend against 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 Answer or for any other claim or relief requested by the plaintiff You may lose money or property Qr other rights important to you. YOU SHOULD TAKE THfS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVBA LAWYER OR CANNOT AFFORD ONE GOTO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUTWHERE YOU CAN GET HELP Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17103 717 249 3166 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIAF r+`.'~~ ' ~~ ~. • , ,r _~ ~.~~; NO. 12-2964 CIVIL TERM PETITION FOR THE Extension of Time to File Amended Answer, New Matter and Counterclaim The petitioner respectfully represents and petitions the court as follows: 1. Petitioner is Eva Ordo who resides at 72 Cherry Lane, Carlisle, Pa 17015 and is the defendant in the above entitled action. 2. Petitioner's income and expense information has not changed since her Petition to Proceed in Forma Pauperis has been approved on May 15, 2012. 3.That this is an action for Extension of Time to File and Amended, New Matter. and Counterclaim. 4. That this is a civil action which may lead to the deprivation of substantial rights of the petitioner and thus raises due process and equal protection questions where by the petitioner is asking for an Extension of Time to File an Amended Answer, New Matter and Counterclaim of 3 weeks to include November 08, 2012 due to not being able to recuperate from incapacitating illnesses in only 30 days because I was put under continued immense stress due to an alleged violation of a Supersedeas which I don't believe I violated. I explain in New Matter about the Supersedeas. Please refer to last doctor's note which was attached to the last request to file for Extension of Time to File stating the severity of my condition. I have been hospitalized 4 times in a 3 month period from stress and physical issues. I requested a 60 day extension but was only granted a 30 day extension which I was very grateful for. I was severely incapacitated when I asked for the 60 day extension and had to take almost 3 weeks to recuperate. During that time, I was put into a position where I had to pack some of my belongings and put things in storage because I am under threat of an illegal eviction and allegedly violated a Supersedeas which I do not believe applied when it was requested as my debt was paid in full and I am now withholding rent as I said I would. That matter I've addressed under the NI?W MATTER section. N[eanwhile the medication began to help my posttraumatic stress disorder and severe anxiety but: I am still stricken with physical pain that :['ve not been able to pack as quickly as I'd like to have and it took me three weeks. I couldn't bare losing any more things in my life than I already have. This past week I did all the research I needed to do at Weidner University and saved it on a memory stick to work on at home. I have to sift through so much information it's impossible to do under the time constraint I was given. Everything is gathered and ready to sort through and apply but it will take me at least 2 weeks to do. As it is I am feeling very sick from not sleeping for two nights in the last 4 days while; desperately trying to gather all the case law etc that I did. I have so much to go through it's overwhelming and not possible to put together and I need 3 more weeks till the 8`h of November, please. One month ago, I tried to ask for an Assignment of Counsel and was denied. With the research that I just did, I am positive this is a case that the District Attorney's office needs to be handling but the secretary I spoke to today was very short and rude, wouldn't let me speak to a supervisor and stated they would not take my case. My case involves Retaliatory Eviction. from a Mobile Home Park and Unfair Trade Practices and Consumer Protection Law. If given 3 more weeks I can pull this case together myself. I had asked someone in the Prothonotarey's office if I could drop of a USB memory stick with hundreds of images and dozens of video footage that I plan to present as evidence on a large screen for the jurors to see. I was told I may not drop of a USB stick full of evidence. I have no money at this time to make hundreds of photographic copies to back up my countersuit. If the District Attorney's office took the case they would be able to make those copies. [ get a disability check on the 8`h and can make copies myself if I can't get any help from the court house. At this time [can only add a brief description under the NEW MATTER section and just elude to the counterclaim. Again, I have everything I need from the research I did at Weidner but I have to read through all that I saved for each count and see how they apply to my case and this takes time. I'm not an attorney. I have mental and physical issues and I'm facing illegal eviction. I BEG OF YOUR HONOR to PLEASE grant me the time needed to file this by November 08, 2012. The landlord has NO WAY of winning his case and I am seeking for property damages that they are responsible for along with compensation for being hospitalized from the mental and physical anguish this illegal eviction has put me through. I am submitting 3 copies of 3 different leases which goes to show that all tenants are not treated equally and I was not late on rent in March. or May 3`d but had till the 5`h. Nobody else is being evicted and there is a 5 day grace period DJ Day ignored. The landlord. used "COURT COST FILING FEES" as the amount I allegedly owed for non-payment of rent which is absurd and the frivolous rules violations are not codes violations and not enforced in regard to others. I'm being evicted over two metal stakes in the ground that were inserted into a raised flower bed, for an empty flower pot and a lawnmower I leave under my porch. Please look .at the picture of the hoarder across the street! She was not being evicted. That's favoritism and this is a retaliatory eviction. I have hundreds of pictures from the over 400 some homes in this park of same or similar as well as far more serious infractions including the manager's property . I only submitted a few images with my original filings. This is an act of retaliation and I'd like to seek justice, and collect on my losses, medical bills and for mental anguish, pain & suffering, etc. I need 3 more weeks to submit everything in a proper legal manner. Please grant me that time. Respectfully submitted, F.va Ordo 10/18/2012 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA ;_ , , , i .; ~~ , ~air~ Eva Ordo Defendant vs No 12-2964 Civil CIVIL ACTION-LAW FRANK T. PERANO COUNTRY MANOR WEST GSP MANAGEMENT CO. SCOT FUHRMAN JOHN and JANE DOES 1-10 Plaintiffs Please add to NEW MATTER _~ ~, I was not late on rent Submit leases 5t" day and 7t" day JURY TRIAL DEMANDED Rent claimed late was "court cost filing fees' which is as absurd as it is deceitful. New matter was brought up on day of trial (May 3, 2012) stating I was late on rent but I had till the 5t" and should not have been found in arrears. Rent was issued by PNC Bank BiIIPay automatically and received prior to the 5t" day as it has been for the past 2 years. Copy of 1 years rental payments from PNC Bank was given to DJ Day and was blown off. Copy of lease was given to DJ Day showing that rent was not considered late till after the 5th of each month and that too was blown off. Judge's decision states that possession may NOT BE GRANTED Since rent was paid in a timely manner before the 5th of May 2012 and since I paid $371.00 to the Prothonotary's office in June of 2012 I have more than satisfied the amount claimed that I owed which was $129.88 that was fraudulently used by the landlord as the amount I owed as of March 26, 2012 as non-payment of rent which the DJ office accepted as a claim! Since I did not receive any notice that I was late in rent until after filing of non- payment of rent charges in which Scot Fuhrman of GSP Management acting on the behalf of Country Manor West which is owned by Frank Perano maliciously, fraudulently and with intent to cause emotional distress by attempting to effect an illegal eviction used the court system to I ask their case be dismissed. Attached is the notice I received three days after Scot Fuhrman's filing of non- payment at the DJ office as Exhibit XXX. The amount Scot Fuhrman is attempting to extort AFTER having filed eviction charges 3 days prior is the court cost filing fees incurred for filing the malicious and fraudulent eviction charges. I was not given notice. I was not late in rent. This is a retaliatory eviction action. This violates Fair Debt Collection Practices Act ("FDCPA" ) The attornies involved in litigating this case are in violation of the FDCPA. (iii) concerns a debt which not in default at the time it was obtained by such person Plaintiffs demanded money from Ordo and even threatened to take possession of her belongings if she did not pay them. As such the Plaintiffs alleged she was obligated to pay a debt and she would therefor qualify as a consumer. Violations of 15 U.S.C. § 1692d: A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section... . Although the FDCPA, at one time, did not apply to attorneys acting on behalf of their clients, Congress repealed this provision when it discovered that an increasing number of attorneys were collecting debts on their clients' behalf. Dutton v. Wolpoff & Abramson, 5 F.3d 649, 655 (3d Cir. 1993); Crossley v. Lieberman, 868 F.2d 566, 569 (3d Cir. 1989). Thus, attorneys who regularly engage in debt collection practices, apart from their legal representation, are covered under the FDCPA... Crossley, 868 F.2d at 569; Oldroyd, 863 F. Supp. at 241; Woodside v. New Jersey Higher Educ. Assistance Authority, No. Civ. A. 92-4581, 1993 U.S. Dist. LEXIS 5126, at *14 (E.D. Pa. Mar. 1, 1993). 73 Pa. Cons. Stat. §2270.6. The PFCEUA states that "[i]t shall constitute an unfair or deceptive debi~. collection act or. practice under this act if a debt collector violates any of the provisions of 'the [federal]Fair Debt Collection Practices Act." 73 Pa. Cons. Stat. §2270.4(a). All of the abo•Je is unconscionable, malicious, fraudulent practices. The FDCPA applies to a creditor "who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts." 15 8 U.S.C. § 1692a(6).. Thus, when a creditor either uses an alias or "control[:] almost all aspects of debt collection," he is considex-ed a "debt collector" as defined by the FDCPA. Flamm v.Sax-ner & Assoc., No. Civ. A. 02-4302, 2002 U.S. Dist. LEXIS 22255, at *10 (E..D. Pa. Nov. 6, 2002) (quotations omitted). Frank Perano, C"ountry Manor West, GSP Managemer.~t, Scot Fuhrman and both attorrlies "directly or through subordinates or agents," used deceptive and misleading representations a.nd practices to collect purported debts from Defendant Eva Ordc+. By using "Country Manor West" and attornies X & X to collect on their debts, the Landlord Frank Per~ano falls within the definition. of "debt collector" pursuant to the FDCPA. See, e.g., Zhang v. Haven-Scott Assoc., No. Civ. A. 95-212&, 1996 U.S. Dist. LEXIS 8738, at*31 (E.D. Pa. June 21, 1996). Fair Debt Collection Practices Act i'~FDCPA") Enacted in 1977, the FDCPA protects debtors from "abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses." 15 U.S.C. ~ :1692(e). A "debt collector," as defined in the FDCPA, includes: Any person who uses any instrumentality of interstate commerce of the mails in any business the prin~~ipal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owned or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this par<~graph, the term includes any creditor who, in the process of collecting his own debts, uses any name other i~han his own which would indicate that a third person is collecting or attempting to collect such debts . (B) ar.~y person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the persan acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not tYie collection of c~ebts; (F) any person collecting or attempting to collect any 7 debt owed or dL~e or asserted to be owed or due another to the extent such activity (i) is incidental t.o a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which not in default at the. time it was obtained by such person; or (iv) concerns a debt obtained by such person a.s a secured party in a commercial credit transaction involving the creditor. 15 U.S.C. § 1692a(6). The untimeliness of Plaintiffs' eviction notices and the amount of legal fees imposed on tenants in connection with eviction proceedings, is in violation of the UTPCPL. Since "unfair methods of competition and unfair or deceptive practices with regard to the collection of debts" are in violation of t::he PFCEUA, they also constitute a UTPCPL violation pursuant t:o the provision relating to unfair debt col:ection practices. See 73 Pa. Cons. Stat. § 2270.2.. See Flamm, 200.2 U.S. Dist. LEXIS 22255, at *19-20; Oslari v. Law Offices of Mitehell N. Kay, 232 F. Supp. 2d 436, 437 n.:1.. (E.D. Pa. 2002). Since Ordo asserts a viable PFCEUA claim, she also asserts a UTPCPL claim. Perano, Country Manor West, GSP Management, Scot Fuhrman and Attorneys X & X engaged in unfair and deceptive debt collection practices in violation of the UTPCPL and are liable under the UTPCPL. Ordo challenges the debt collection practices of attornies X & X and not the sufficiency of his legal representation and my claim against them far UTPCPL should stand. Late fees imposed by Perano, Country Manor West: and GSP Management prior to 2010, constitute illegal penalties in violation of Pennsylvania state and common law. Attorney General has ordered them to stop this type of late fee collections in Middletown, Pa parks run by GSP but they contir.~ued this :practice at Country Manor West. I am seeking restitution of any XXX for those illegal fees I was charged from 2008 to 2010. Pennsylvania's Landlord and Tenant Act allege facts sufficient to support his claim pursuant t.o the Pennsylvania Landlord and Tenant Act of 1951 ("Landlord-Tenant Act"), which governs the landlord-tenant relationship. 68 Pa. Cons. Stat. § 250.501(b) Pera:no, Country Manor West, GSP Management, Scot Fuhrman, Attornies X & X commenced baseless eviction proceedings without proper prior notice and without first making a demand for payment of alleged arrearages despite the fact that Country Manor West routinely accepted late rental payments. I WAS NOT LATE ON RENT. Court cost filing fees was fraudulently used as non-payment of rent. I am seeking punitive damages under UTPCPL and any other: laws for an illegal eviction, consumer fraud, intentional infliction of emotional distress that has caused me mental and physical pain and suffering. I was seeking medical care (physical therapy, chiropractic adjustments, MRIs & a CA'I' Scan) for a disabling condition I still have today and am not able to follow through on due to the overwhelming stress this illegal eviction and requirement to defend myself Pro Se has caused and as such I have been hospitalized four times in a three month period of time and had to seek psychiatric care and medication. I was also put under immense fear of being evicted and losing my belongings and have been forced to box all most all my belongings and put most of it in storage in anticipation of an illegal eviction. The fear and stress this has put me under has caused physical complications, night mares, disfunction, etc and I am seeking any and all sorts of financial compensation that may be available for me to seek to be awarded. Bottom went to Federal, hold off sending Ordo`s suit is; brought pursuant to Federal Rule of Civil Procedure 23 on behalf of a class defined as "all persons who during the period October 15, 1996 to the present sustained damages as a result of renting (and/or who guaranteed the rental of) apartments from the Landlords" a.nd who suffered injury as a result of the Defendants' purported. violations of federal, state and common law in connection with the I~andlords' rental operations. My suit also includes an "Extorted Sub-Class," consisting of those Class members "who rented apartments frc+m the Landlords during the Class Period who were wrongfully extorted by the Landlords and their Lawyer by means of unjustified eviction proceedings as a means of coercing members to pay money to defendants which was not owed to them." Attorney X represented a case for Frank Perano's "Count.ry Manor west" company on May 03, 2012 and attempted to extort $:;L29.88 (court cost fees) and rent that was not late. Unfair Trade Practices and Consumer Protection Law ("UTPCPL"). claim not only fails to identify which type of unifair method of competition or unfair and deceptive act defendant allegedly committed, it also lacks supporting factual allegations . Smith contends that, as a whole, Fidelity's conduct was fraudulent, deceptiive, and misleading. Torts -- Fraudulent Misrepresentation Compensatory Damages --Punitive pecuniary and punitive damages. suffer actual damages <~s a result of actionable fraud or deceptive concealment reach the merits of whether the leases as written were deceptive and misleading. Fuhrman undertook deceptive or misleading actions to induce Eva Ordo into signing the contract. Stated it wasn't enforced strictly. Told me to put down I only had 2 pets and not 3. Told me if I had problems with the cable to contact them once I moved in and they'd make adjustments and gave me a paper stating so. il), bad faith acts (count III), violation of the Pennsylvania Unfair Trade Practices and Consumer Protection law (count IV), and underinsured ... ... With respect to count IV, plaintiffs allege defendant violated Pennsylvania's Unfair Trade Practices and Consumer Protection Law, 73 Pa. Stat. § 201-1 et seq. . claims of fraud, civil conspiracy and violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law In looking to section 201-2(4)(xxi) of the Unfair Trade Practices and Consumer Protection taw, 5 which serves as the legal basis for the Bergs' unfair trade practices and consumer protection claim, we see that the term "fraud" is used but not defined... but that an "unfair or deceptive act or practice"' is defined as follows: "engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding ... the courts have interpreted this catch-all provision of the Unfair Trade Practices and Consumer Protection Law to require a finding ... Unfair methods of competition" and "unfair or deceptive acts or practices" mean anyone or more of the following:.... (...any actor practice which is otherwise misleading, false, or deceptive to the consumer, 'unfair' and'unconscionable.'unscrupulous conduct ... al{ contracts entered into. This allegation, if proven, would establish unfair and deceptive practices within the meaning of the act. To misrepresent the existence of one's cancellation policy is truly deceptive within the common sense meaning of that term and violates section 201-2(4)(xvii) ... defendant's alleged conduct must rise to the level of and unfair or deceptive practices as defined under 73 P.S. § 201-2(4). 2 to three times the actual damages sustained. PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. § 201-4. Restraining prohibited acts Whenever the Attorney General or a District Attorney has reason to believes that any person is using or is about to use any method, act or practice declared by section 34 of this act to be unlawful,, and that proceedings would be in the public interest, he may bring an action in the name of the Commonwealth against such person to restrain by temporary or permanent injunction the use of such method, actor practice. I am asking this court to bring or help me bring action against Frank Perano, Country Manor West, GSP Management for violating Pennsylvania Unfair Trade Practices and Consumer Protection Laws. § 201-4.1. Payment of costs and restitution Whenever any court issues a permanent injunction to restrain and prevent violations of this act as authorized in section 45 above, the court may in its discretion direct that the defendant or defendants restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any violation of this act, under terms and conditions to be established by the court. Should this court find that 73 P.S. § 201-4.is applicable in any manner to tFie charges I am bringing against Frank Perano, Country Manor West and GSP Management and/or Scot Fuhrman then I would like to be compensated and restore any moneys or property, real or personal, which may have been acquired by means of any violation of this act, under terms and conditions to be established by the court. § 201-8. Civil penalties (a) Any person who violates the terms of an injunction issued under section 47 of this act or any of the terms of an assurance of voluntary compliance duly filed in court under section 58 of this act shall forfeit and pay to the Commonwealth a civil penalty of not more than five thousand dollars ($5,000) for each violation. For the purposes of this section the court issuing an injunction or in which an assurance of voluntary compliance is filed shall retain jurisdiction, and the cause shall be continued; and, in such cases, the Attorney General, or the appropriate District Attorney, acting in the name of the Commonwealth of Pennsylvania, may petition for recovery of civil penalties and any other equitable relief deemed needed or proper. (b) fn any action brought under section 4 of this act, if the court finds that ai person, firm or corporation is wilfully using or has wilfully used a method, act or practice declared unlawful by section 39 of this act, the Attorney General or the appropriate District Attorney, acting in the name of the Commonwealth of Pennsylvania, may recover, on behalf of the Commonwealth of Pennsylvania, a civil penalty of not exceeding one thousand dollars ($1,000) per violation, which civil penalty shall be in addition to other relief which may be granted under sections 4 and 4.110 of this act. Where the victim of the wilful use of a method, act or practice declared unlawful by section 3 of this act is sixty years of age or older, the civil penalty shall not exceed three thousand dollars ($3,000) per violation, which penalty shall be in addition to other relief which may be granted under sections 2 and 4.111 of this act. § 201-9. Forfeiture of franchise or right to do business; appointment of receiver Upon petition by the Attorney General, the court having jurisdiction, may, in its discretion, order the dissolution, suspension or forfeiture of the franchise or right to do business of any person, firm or corporation which violates the terms of an injunction issued under section 412 of this act. In addition, the court may appoint a receiver of the assets of the company. Should the court find it appropriate, I ask that a receiver be appointed pursuant to 73 P.S. § 201-9.1. Powers of receiver as V have suffered damages as a result of the employment and use of unlawful practices and have been damaged and seek restitution, compensation and any other awards I would be entitled to. § 201-9.1. Powers of receiver When a receiver is appointed by the court pursuant to this act, he shall have the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys, and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description of the person or persons for whom the receiver is appointed, received by means of any practice declared to be illegal and prohibited by this act, including property with which such property has been mingled if it cannot be identified in kind because oi~ such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use or employment of any unlawful practices and submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained provable losses. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. § 201-9.2. Private actions (a} Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, act or practice declared unlawful by section 3/13 of this act, may bring a private action to recover actual damages or one hundred dollars ($100), whichever is greater. The court may, in its discretion, award up to three times the actual damages sustained, but not less than one hundred dollars ($100), aind may provide such additional relief as it deems necessary or proper. The court may award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees.. (b) Any permanent injunction, judgment or order of the court made under section 4/14 of this act shall be prima facie evidence in an action brought under section 9.2/15 of this act that the defendant used or employed acts or practices declared unlawful by section 3 of this act. Water for 4 years Cable service for 4 years Loss of my kitchen and back bedroom Loss of the value of the home not resellable cause of hazardous conditions Putting me in danger due to trees and water Vermin control Cats and fleas I can tali witnesses to substantiate my allegations. I am not the only person who had damage from poorly or non maintained trees. I am not the only person who has paor or non-existant cable I am not the only person who has received notices of eviction should I not comply with rules that are not enforceable or not enforced in regard to others I am not the only person who was charged with non payment of rent when rent was paid Records need to be produced from the office to show that: Others are not being evicted for paying after the 1st to the 7th. Others have been evicted for violations that are not enforced in regard to others. § 201-9.2. Private actions (a) Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, actor practice declared unlawful by ... 73 P.S. § 201-3, of the act, which incorporates the definitions of unfair competition and unfair or deceptive acts asset forth in Section 201-2(4)(i-xviii 73 P.S. § 201-2. (3) "Trade" and "commerce" mean the advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, and includes any trade or commerce directly or indirectly affecting the people of this Commonwealth. 73 P.5. § 201-2. (4)"Unfair methods of competition" and "unfair or deceptive acts or practices" mean any one or more of the following: (ii) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services; (iii) Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another; (v) Representing that goods or services have sponsorship, approval, characteristics,ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have; (vii) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; (ix) Advertising goods or services with intent not to sell them as advertised; (xiv) Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made;; (xvi) Making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing; (xxi} Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. Scot Fuhrman and Tod Walters both tried to claim that the cable service was not part of the lease agreement and a free service and therefor they were not obligated to make repairs to the substandard and/or non existant cable service. facts to maintain a private cause of action under the "Unfair Trade Practices and Consumer Protection Law." fraudulent conduct, misrepresentation, demurrer, unfair or deceptive acts or practices in the conduct of any trade or commerce I would never have purchased the mobile home had I known that the Cable Utility being offered by the mobile home park was subject to frequent loss of reception and/or of such poor visual quality. Rent was $371.00 but all I could afford was $341.00 and I justified the additional $30.00 as a cost I would have paid for cable had I moved into a less expensive park. GSP Management sent their maintenance man Tod Walters to my home 4 times to improve the reception. The last time he finally admitted that nothing more could be done or would be donee because the under groudn cable lines were over 40 years old and needed to be replaced. Forty year old tree roots are stretching the underground cable TV lines causing damage and poor reception. Soil erosion and tree roots push the underground cable lines above ground and subject them to being damaged by elements and neighbors running over them with their lawn mower blades. Tree roots and cable TV wires that are above ground due to soil erosion or lack of maintenance make it hazardous to walk upon the property for fear of tripping over them. Cable reception and/or service is poor or non existance every time it rains. Cable reception is constantly changing visually and audibly due to someone constantly trying to fix or tune the reception as complaints are made on an ongoing basis. Scot Fuhrman and Tod Walters both stated to me and other tenants that the trees that fell and caused damage to our properties was "an act of God" and refused to give out their insurance company's information. Frank Perano, GSP Management, Scot Fuhrman are aware of the fact that tFieir trees are hazard trees. I was also unaware that the premises were not maintained and the leaves from their empty lots would be allowed to blow onto my lot year round due to lack of maintenance making it an extra chore to remove the leaves that blew onto my lot from their 2 unkept empty lots adjacent to mine. I also was unaware that the water was not safe to drink and believed it was safe because they had water sample testing papers posted. From the first day I used the water I smelled a peculiar odor and it left a film on my body that I've never encountered in my life and I didn't think it was a hard water issue so to be safe I've had to pay extra money for bottled water for me and my pets to drink. I also thought the trees were maintained but after moving in several neighbors alerted me to the fact they were hazard trees. I complained and two fell on my home. ... 73 P.S. § 201-3. Included within the definition of "unfair methods of corripetition"and "'unfair or deceptive acts or practices" is "engaging in any other fraudulent conduct ... COUNTRY MANOR WEST, PLAINTIFF V. EVA ORDO, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 12-2964 CIVIL TERM ORDER OF COURT ,~~ -, ~- n. tr ~ day of October, 2012, upon review of Defendant's second "Petition for the Extension of Time to File Amended Answer, New Matter and Counterclaim," which was filed on October 18, 2012 (four days after our previous extension expired), in the wistful hope that granting Defendant the requested extension will result in a more clear and concise filing then she has submitted to date, we grant the Defendant one final extension until the close of business on Friday, November 9, 2012 in which to file an amended pleading. No further extension will be granted by the court. By the Court, __ . A ,.i- ~ ~ Albert H. Masland, J. / Frank T. Perano Country Manor West GSP Management Co. Scot Fuhrman P.O. Box 677 ~~ c:r N d ~, '''z Morgantown, PA 19543 ~~ _ zrn z ~, ~ --s rn -v r ~ Eva Ordo, Pro se ~_ ~ o° 71 Chem Lane +"2 --fo Carlisle, PA 17015 ~~ = z=i -~ ~ c - ~f' :sal n/~ l,b~ 1 ~ s ~~r I L~61 ~D/.Z ~/I 1 ~ ~-a (' .... © - j.> ~` o -'~: ~G 9/ Eva Ordo Defendant vs IN THE COURT OF COMMON PLEAS n c ~ ~ -,~ CUMBERLAND COUNTY PENNSYLVANIA ~~ z rn -,, z~ ~ _ - ~ r- ~ ~ ~~ ~ ~O = Z p r- ~ c'7 c:.7 ~ No 12-2964 Civil ~' ~ ~ -< ~` CIVIL ACTION-LAW FRANK T. PERANO COUNTRY MANOR WEST GSP MANAGEMENT CO. SCOT FUHRMAN JOHN and JANE DOES 1-10 Plaintiffs Answer JURY TRIAL DEMANDED ~/~ ~ /1'I A-7>p ~j ~' C~ IA.L• 7 c o2 S u i 7~ C d !,r %V ?~ ~ C [ ~4 ~ ~ AND NOW this 9~' day of November, 2012, comes the defendant Eva Ordo, Pro Se as follows: 1. Denied as stated on both statements. Defendant knows the plaintiff "Country Manor West" as a mobile home park/business owned by Frank T. Perano. Defendant knows "GSP Management Co." to be a business owned by Frank Perano that operates "Country Manor West" mobile home park. As to the existence or status of "Country Manor West," "Country Manor West Mobile Home Park ("Park"), "GSP Management Co." Defendant denies this assertion in that they lack information to determine the truthfulness thereof after reasonable investigation. In fact whenever Defendant has been dissatisfied with arbitrary actions of management which will be detailed in New Matter and a Counterclaim to be asserted herein the Country Manor West mobile home park manager (Scot Fuhrman) operating under GSP Management Co. has directed Defendant to complain orally or in writing to his wife, a general manager under GSP Management Co., Kathy Fuhrman. I have received (as recently as May 08, 2012) letters from Leanne Miller the operations manager under GSP Manangement Co. with a mailing address of P.O. Box 677, Morgantown, PA 19543. If the existence and status of the relationship of those described in this averment is material, strict proof thereof is demanded. 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Denied. Defendant is bringing charges against Plaintiff of Retaliatory Eviction, Consumer Fraud, Intentional Infliction of Emotional Distress, etc. and is therefore Countersuing for tens of thousands of dollars, and asking for tort & punitive damages, double or treble and whatever else may apply. 8. Neither denied or admitted. I have not found my original lease to validate that Exhibit A is what I actually signed. 9. Admitted and denied. • There is a set of Rules posted in a prominent and visible location in the Park but as to the validity of them being in compliance with the requirements of the Manufactured Home Community Rights Act is denied. • Lease shown as Exhibit B is in direct violation of MHCRA and Landlord Tenant Acts because they are asking for fees which the Attorney General's office stated they were in violation of charging and has fined them for doing so in the past atone or several other of the 70 some mobile home parks Frank Perano owns and operates using GSP Management to enforce these unenforceable and illegal rules. • Also, there are several different variations of Rules that have been given to several different tenants. Please see the Exhibits of different leases (Ricky Seibert, Mario, etc) that I supplied to the Prothonotary's office earlier that for some reason were not posted or returned to me with an explanation why they were not entered. 10. Denied. Rules and rental charges are not uniformly applied to all mobile home residents and there are different Lease & Rules given to different tenants. 11. Denied on all 4 . • There is no debris and/or refuse on the Lot • There is no fencing around the Lot • There are no appliances and/or fumiture (other than lawn fumiture) and others are allowed to store TV sets, old washers, dryers etc. making their lots look like a dump without facing eviction and/or being written up. • I did keep my home in a neat and well-maintained manner and/or in similar condition as several dozens or hundred other tenants lots. • The rules I'm being charged with are false and/or not enforced or uniformly applied to all mobile home residents 12. Denied and Denied. . • Rules violations notices were not served in the time frame manner required • Not all copies were submitted under Exhibit B and I submitted the ones they left out which were served inappropriately and not in proper time frames. Interestingly the copy of the March 12, 2012 DJ filing which I submitted to the Prothonotary's office did not get processed or returned with an explanation as to why it wasn't entered. • I did submit a notice, that Country Manor West and it's attorneys did not submit along with their show of notices, which was dated March 15, 2012 telling me I had several days to pay a fictitious rent in the amount of $129,.88 which I allegedly owed as back rent but it was actually an illegal attempt to mask the court cost filing fees of $129.88 as Non-payment of rent and was issued three days after the DJ eviction filing was processed so I wasn't given a chance to pay this alleged back rent because they filed eviction for non payment of rent 3 days earlier on March 12, 2012. 13. Denied. • Wasn't in compliance under the law. • The notice procedure found in the statute is exclusive and requires strict adherence. If a proper first notice for eviction for rule violation is given, then "eviction proceedings may thereafter be commenced within 60 days of a second or subsequent violation-without further notice" Action was not filed `tivithin° 60 days of last violation. • All rules or rental charges shall be uniformly applied to all mobile home residents and the rules I'm being charged with are false and/or not enforced uniformly. 14. Denied. • Lease does not state that rent is "due" on or before the first of the month. • Lease states that rent is "collected" on the first and that" late charges are applied after the 5~' "which would lead any person of any intelligence to understand that it is permissible and acceptable to pay rent up until the 5"' and not be considered late. Judge Day disagreed. • I did submit a copy of a Newsletter dated July 1, 2010 with my first Answer as Evidence that clearly states "Effective September, 2010, your account will be assessed a $30.00 late charge if your payment is received in our office after the 5~' of the month. Again, such a statement implies rent is not late till after the 5"'. • I have 1 newsletter from April 2011 and copies of two leases issued to tenants during the same time I had tenancy in which "them" lease rules state there is either a "grace period" of five or seven days.. My lease just states "late charges will be assessed after the 5~'." • All rules or rental charges shall be uniformly applied to all mobile home residents. OTHERS are NOT being evicted for paying up to and including the 15. Denied. All rules or rental charges shall be uniformly applied to all mobile home residents. • Eviction is a retaliatory act. 16. Denied • Identically same alleged rules violations and even far more egregious ones committed by other tenants are not enforced for years to decades. All rules or rental charges shall be uniformly applied to all mobile home residents. Eviction is a malicious retaliatory act intended to inflict emotional distress. 17. Denied. • Frank Perano, using his businesses GSP Management, Country Manor West, and his employee Scot Fuhrman did not adhere to laws or proceedings that would validate eviction. • Rules are not enforced in regard to others showing favoritism. • This is a malicious retaliatory act intended to inflict emotional distress and an involuntary eviction because I complained about conditions. • My rent for March 2012 was not late at time of filing for Non-payment of Rent at DJ Day's office which was done on March 12, 2012. • 3 days later on March 15, 2012 I got a notice that my rent was late in the amount of $129.88 which they were demanding to get paid or face eviction charges (which they already did & the amount I'm accused of not paying is actually court cost filing fees which is illegal to use under the GUISE of rent owed). • My rent for May was not late on the date of the trial on May 3, 2012 before DJ Susan Day. • March and May's rents were paid before the 5~' of each month and the bank statements my attorney showed to the DJ reflected rent has always been on time for one year up until March...l did not have May's statement and May's rent was not the reason we were in court for! • DJ Day disregarded the fact that the lease does not consider rent late till after the 5~'. Wherefore Eva Ordo respectfully requests that judgment not be granted in Country Manor West's favor and hear my pleadings by awarding me a jury trial and assign a prosecuting attorney to handle this case because the allegations in my New Matter and Counterclaim warrant such representation. NEW MATTER 18. Counsel's objections to my filing the Certificate of Service via United States First Class Mail seems to be a moot point as they themselves,(specifically Yun Lee esq.) served me via United States First Class Mail on June 4, 2012 Please see page 27 under CCCH Prothonotary-8> Civil Dockets> 12-2964. 19. If Counsel wants to object to my filing the Certificate of Service via United States First Class Mail using then I will have to object to them using the same practice. IMPROPER SERVICE OF COMPLAINT 20. Eva Ordo was served the complaint via United States First Class Mail by Yun Lee esq. on June 4, 2012 21.UnderCPPRiav4a02 original process may be served either by handing the document to the defendant or any ofthe following At the residence of the defendant by handing the document to an adult member of the defendant family or an adult person in charge of the residence ii At the residence of the defendant by handing the document to the clerk or manager of the hotel inn apartment house boarding house or other place lodging at which the defendant resides or iii At any usual place of business of the defendant by handing the document to the defendant agent or the person in charge of the place of business 22. Mr. Sun Lee merely served Eva Ordo the Complaint via first class mail. Copies of the certificate of serviced attached to Eva Ordo's Complaint can be seen on page 27 under CCCH Prothonotary-8> Civil Dockets> 12-2964. 23.Improper service isn't merely a procedural defect that can be ignored even if individual learns of the action against them ANS Associates Inc v. Gotham Insurance Company 423A.d1074 1077 (Pa.Super. 2012) 24. Therefore, Eva Ordo has never been properly served with original process against her. 25. Eva Ordo respectfully requests that the Court sustain this allegation of hers and strike Country Manor West's Complaints against her not "handing" documents but mailing them certified mail OR leave things as they are because it is clearly evident everyone got the documents they got via Certified Mail as Counsel so much as stated so but is wanting to get off on a technicality which should not be applicable as I am exerting my rights as a Pro Se individual as follows; A judge is required to show a little lenience toward a Pro Se litigant's Pleadings which in this case are being filed by Eva Ordo In Propria Persona, wherein pleadings are to be considered without regard to technicalities. Propria, pleadings are not to be held to the same high standards of perfection as practicing lawyers. See Haines v. Kerner 92 Sct 594, also See Power 914 F2d 1459 (11th Cir1990), also See Hulsey v. Ownes 63 Fad 354 (5th Cir 1995). also See In Re: HALL v. BELLMON 935 F.2d 1106 (10th Cir. 1991) In Puckett v. Cox, it was held that apro-se pleading requires less stringent reading than one drafted by a.lawyer (456 F2d 233 (1972 Sixth Circuit USCA). Justice Black in Conley v. Gibson, 355 U.S. 41 at 48 (1957) "The Federal Rules rejects the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." According to Rule 8(f) FRCP and the State Court rule which holds that all pleadings shall be construed to do substantial justice." 26.On June 2012, I OVERPAID the Prothonotary when I paid $371.00 because the only amount I owed was $129.88 for the court cost filing fees, which I feel was extorted cause the non-payment of rent was clearly bogus and filed maliciously to evict me under false pretenses and out of retaliation forme complaining about lack of maintenance conditions that were affecting my safety, habitability and utilities. I am asking for a refund of $241.12 from what I overpaid. 27. The Supersedeas should never have been contested. I didn't think anyone from the court house would approve it because I stated in my earlier filings that I did not owe back rent for March or May as it was received in a timely manner before March 5th & May 5th. Court cost fees were extorted out of me in this case of $129.88 which I paid off any debt owed under the Supersedeas when I believe I was errantly, under misguided information from my MidPenn attorney told to pay the rent monies to the Prothonotary's office. 28. The case at hand was that I owed $371.00 for May's rent and on May 03, 2012, the day of DJ Susan K. Day's trial it was deemed I was in default of paying rent EVEN THOUGH THE LEASE STATES I HAVE TILL THE 5th TO PAY and others are not evicted for paying up to the 5th or even the 7th When my attorney had me fill out a Supersedeas she did not explain what it entailed or how it worked but she did recommend I pull out June 1 st's rent which I opened a special escrow account for at my PNC bank and pay that to the Prothonotary's office which I did in June 2012. By having paid the $371.00 in June I believe I have satisfied the false and erroneous charges against me because all I owed was $129.88 for court costs as May's rent was already in the mail box of Country Manor West's the day of the trial via USPS. I do not believe I violated any Supersedeas ~ am asking the order be overturned for the following reason: 29. I am withholding rent as I threatened earlier until they fix issues. 30. In November of 2011 I threatened Scot Fuhrman that I would be suing and withholding rent because of lack of maintenance conditions that were affecting my safety, habitability and utilitiy problems and hazards and he retaliated before I got a chance to and as of June 2012 I have exercised my right to withhold rent. 31.1 have filed numerous hand written or typed letters and complained orally to Scot and Kathy Fuhrman, Tod Walters and Jerry in the office about issues with the poor or non existent cable service which is part of rent and considered a utility to no avail 32.Scot sent Tod Walters out several times in the false pretense that he could fix the cable issue. 33.Tod Walters finally told me after the 4-5th visit that nothing further could be done because the underground TV cable was old and needed replaced throughout the park 34.Both Tod Walters and Scot Fuhrman kept lying to me stating that cable was not part of rent when indeed it was. This is Consumer Fraud, etc. 35.1 complained orally infront of Scot ~ Jerry that I was concerned about the hazard trees and they needed maintenance 36.1 have a check on which I wrote tree trimming and cable. I did this to make note on a check when I paid rent at the office for the first few months to show some proof I brought up issues verbally at the office. 37.When I referred to tree trimming in the very small note section of my check I also meant cutting down several if not all of the 5 trees growing out of ONE SINGLE SPOT in my back yard. This is considered hazardous. 38.1 also referred to limbs that were over my home as well and I expressed concern that a tree in my neighbors yard had steam emanating from the crotch of it at the base. 39.1 believe a sewage line is cracked due to tree roots rising to the surface due to lack of maintenance on the tree in my neighbors back yard which NEEDS to be cut down. 40.That very tree in my neighbor's back yard has roots pushing my TV cable lines above ground and stretching them to the point I believe they are cracked which might be why I continuously loose reception or have poor reception especially when it rains. 41.i complained about foul smelling water for several months and was forced to buy bottled water for me and my pets. 42.Most recently, one month ago, the United States Justice Dept, DEP, EPA settled out of court against Frank Perano for mishandling the care of several of his 70 some mobile home parks which he owns in Pennsylvania for having sewage in the water to expelling sewage or chemicals and/or not maintaining such facilities properly to the tune of over $1, 390,000.00 with fines assessed daily till he fixes the crappy and hazardous conditions he's allowed his tenants to exist with. 43. Winds knocked two of the five tree trunks growing out of one single spot fell onto my home and caused damage. 44. About a dozen other hazard trees in the park were blown down that day and several of us who sustained damaged and asked for the insurance company's information were denied such and told it was an "Act of God" which was fraudulent and misinformation. 45.1 advised Scot Fuhrman and showed him my check in which I complained of tree issues but he retorted I only wrote "tree trimming" 46.1 told Scot that by trimming I meant that maybe 3-4 of those 5 trunks if not all could be cut down/trimmed leaving 1 or 2 still standing and the rest of the property needed tree maintenance that 1 was not qualified to do because the trees more than likely needed cut down and I couldn't do such an act, by law to his property. He blew that off and said it was an act of God. 47.1 then threw in his face that the people they hired to do tree trimming and maintenance, Cumberland Valley Tree Service (?) was hired a few months earlier to assess how much it would cost to do proper maintenance on all the trees in the mobile home park and when given the high estimate they were turned down and one of the head tree trimmers stated this to me so this was not an act of God but a lack of maintenance and at that gross negligience. And he still refused to give me the insurance company's name. 48. I had just very recently moved in and didn't want to cause waves. The roof only had a small indentation and it wasn't leaking. I am not a roofer and had no clue that a few months later this damaged area would begin to cave in and possibly leak. 49.1 also got no compensation for the clothes line the two trees demolished when they split from the other three tree trunks, all growing out of one spot, again, very hazardous situation and shows lack of maintenance. 50. I had to complain numerous times to get the other 3 trees (from where the two rotted and fell away from onto my home) to be cut down before they were cut down and the stump left in the ground which to this day I have to cut the new shoots of trees trying to still grow out of it. 51.The stump needs removed 52. I had to complain to Mr. Carpenter, the zoning commissioner of Middlesex township with a letter and digital images of the hazard trees infront & inback of my home. 53. A month later Carpenter never contacted anyone from Middlesex even though I and Brian Chalmers my next door neighbor filed complaints about the hazard trees between our properties and I of the one infront of my yard that was severely damaged during that storm and now prone to disease and insects. 54. I put my complaints in letter format and complained to Scot orally as well about the hazard trees, cable service and the stinky water to no avail. 55. I dropped off a letter to be passed up to his superior or the landlord asking for the insurance company's information and got blown off. 56.1 have been having issues of 3 neighbors surrounding my property that wanted to get me evicted. Scot would listen to their gripes and then send me rules violations. By doing this he made made it unbareable to live here without being harassed and intimidated by threats of eviction which he never followed through on. He just kept sending me these notices and this is a form of harassment and other charges. 57. By Scot entertaining these women's frivolous complaints and threatening me with evictions if I didn't comply with the rules that others were not being forced to adhere to I soon became an object of ridicule and bullying and picked on by these three women. 58. I had heard that Fran and Linda (Jane Does) had gone around the park to talk to other neighbors asking them to report me for rules violations that no one else was being bullied or forced to comply to. 59.By Scot allowing this type of discourse it caused me much mental anguish, severe emotional harm, embarrassment, personal humiliation and alienation from the neighbors. I have never before in my life experienced such bizarre behavior of grown adults. 60. Once I complained about these "harassing" rules violations notices threatening me for eviction and asked him to stop sending them cause he's not following through with such on others and his wife the general manager of GSP Kathy Fuhrman was there. 61. Kathy wouldn't even acknowledge me when I said hello to her and I had NEVER met her before but knew who she was. I felt like these 3 women had gotten to her and she had a bad opinion of me. 62.1 had on numerous occasions told Scot Fuhrman I have PTSD and other mental issues and these notices were causing me much mental anguish and fear and insisted he stop sending them cause the girl across the street has a pig stye of a situation in her yard and house and she wasn't getting threats nor others. 63. I also tried to numerous times explain what these three neighbors of mine were trying to do and that I wasn't the bad guy here. 64. One neighbor told me to call the cops because he thought it was harassment but he wouldn't testify and I intend to subpoena him. 65. I had begun to take photographs of many of the occupied and empty lots and the conditions they were in each time I got a harassing notice threatening eviction. 66. Each one of these notices over the past 4 years that the Frank Perano, CMWMHP, GSP Management or Scot Fuhrman does not follow through on constitutes a form of harassment, etc. 67. I started to not want to step foot outside of my home because of the bullying and harassment from these three sorounding women because I have PTSD, panic & anxiety disorders and other mental issues. 68. By Scot Fuhrman entertaining and following through on these three womens' complaints to continue trying to get me evicted using Scot to file notices because they filed formal complaints numerous times at the office he has made life here unbareable and he has played a major roll in the deterioration of my mental state and well being. 69. I had bought my house at a very cheap price and it needed repairs which I've had done but after the trees fell on my home and after no one from GSP Management or the Landlord would give me the insurance company's name or cut down the hazard trees I became increasingly disparaged and depressed and had to sleep in my living room and couldn't cook in my kitchen or sleep in the back bedroom and had fear to shower on windy days in case one of the trees would fall on my home and kill me. 70. I could not move elsewhere because I am very low income and had to live in one tiny little room in a very depressed state because of all the things Scot Fuhrman was allowing and promoting to occur. 71. I did not feel right about selling the house either because I knew the trees were dangerous and I couldn't do that in good conscience and I wouldn't get much for it because of these lack of maintenance and hazard tree situations. So I existed in a very small cramped living room which was converted to a bedroom where I had to cook because I was afraid of the tree in Brian Chalmer's front yard falling on me. 72. I have lost living space inside my~ home that I feared to go into incase a tree fell on the house again and want compensation for that for the past 4 years along with the mental anguish all of this has caused. 73. I had complained to Scot about the pot holes and not being able to ride my bike at night when I felt safe to go out to get my mail because the streets are pitch black and you can trip & fall or fall off your bike. He did nothing. I've had to spend gas to drive to the mailboxes and lost the enjoyment of riding my bike or walking. 74. I complained about the front lamp post of being hazardous because one house burned down and another one almost did and the lamp posts allegedly according to PPL worker are not grounded properly and are very hazardous. 75. I complained numerous times about the cable and was lied to numerous times. They kept telling me it wasn't part of rent and then I found the original paperwork that stated it was part of rent and they still tried to blow me off! I stood my ground and they sent Tod and some other cable guy to pretend they were doing something to fix the cable. 76. I say they were pretending because there are dozens if not indeed hundreds of people without proper TV cable service in this park that have to pay for that service even though they do not use it and are paying for a separate cable service provider. All the underground cable needs upgraded but they are too cheap to do that. 77. Once I was even told they replaced the cable lines but that was a lie and I called Scot Fuhrman on the lie telling him I watched the guys working in my back yard on the Fios or Verizon cable. 78. Scot Fuhrman then stated that Tod Walters the maintenance man said he replaced my cable wires when these guys (from Verizon or Fios) replaced all the mobile home park cable wires. 79. Around this time I began to put in writing that if the cable wasn't fixed that I wanted to deduct $30.00 from my rent and Scot Said Tod fixed the cable earlier! 80.1 told Scot that Tod Walters did NO such thing because I watched those workers and took pictures of the scene after they accidentally cut into one of the park TV cable wires and shut off service to several homes for two days till they found a replacement splicer part which was the ONLY work done on the mobile home park cable...the splicing of damaged/cut line back together. 81. Scot insisted Tod replaced my wire and I insisted he didn't 82.Scot tried to make it sound like Fios people replaced Country Manor West cable lines when in fact I knew that was a lie. I told him mine wasn't replaced. He said he'd send someone out to look at it. 83. Over one month later I had not heard back in regard to the cable. I again brought that I wanted to deduct $30.00 and he said he'd have his new maintenance man look at what Tod Walters did or didn't do. 84. In November 2011, I had noticed the roof was caving in some and had approached Scot and asked him for the last time for the insurance company's information citing the new issues and that it was not an act of God. He insisted it was. I then asked for permission to deduct $30.00 a month so I could get cable TV service elsewhere as after several months/years of complaining I've been strung along and it never got fixed. 85. Scot told me he couldn't do that. I then, in November 2011 threatened to take him to court to sue him and would withhold rent. 86. Before I could get around to it in my diminished state (I had been seeking help from doctors and chiropractors for a painful back/leg ailment) Scot Fuhrman with malicious intent to cause emotional harm sent me and about 11 others eviction notices if we didn't do a few stupid things that weren't enforceable. I blew it off like I've blown most of the past 4 years of harassing/unenforceable notices off but thought it was very strange because it was only two weeks before Christmas giving me only 15 days to comply. I thought 30 days was the normal requirement. 87. Beginning of January' I got a second notice. I've never received a second notice and in the middle of winter 1 was picking up a few things and mowing my lawn. This took me about 3 weeks because I was in severe excruciating pain from back and leg issues that the X-rays, CAT scans and MRIs I had just gotten done stated I had nerve problems in my back. I had just gotten a steroid type shot in my back and I was still in excruciating pain. 88. At some point I looked around and realized NOT ONE OF MY SLOVENLY NEIGHBORS had done a damn thing to their properties. 89. I was the ONLY ONE trying to jump through hoops to comply with this unwarranted and illegal or unenforceable demands or face eviction and I just said "I'm done!" and I did nothing more. 90. I then received several other notices, one or two posted on my door for all to see which caused immense humiliation but the notices were not served properly or issued in a proper time frame. 91. Then I get a letter from the district justice Day's office saying I've been sued in March 12, 2012 for non-payment of rent and park rules violations. 92. March 15, 2012, THREE DAYS LATER I got a notice from CMW stating if I paid $129.88 which is the amount court cost fees were that they wouldn't evict me! 93. Me & Amy Hirakis from MidPenn went to court and not surprisingly lost at Susan Day's hearing...seems par for the course in her type of hearings, in my opinion and others'. 94. Most recently CMW sent me a letter that if I did this, this ~ that I could stay. 95. Again, another form of harassment as no one else has to comply to such rules or some do and others don't. They want me to do something to my shed but they have a shed that needs to be torn down because children are playing on the roof and it's got signs all around it to stay off and it's boarded up and looks hideous. This is a REAL danger. 96. Most recently my neighbor Brian Chalmers hired a professional tree arborist to assess the tree between our front yards and Scot Furhman was present to listen to what he had to say. I documented everything he stated. Within 5 days that hazard tree that I've been complaining about for 4 years was cut down. I've not been able to feel safe in my kitchen because of the threat that tree posed. 97. At this point, I'm mostly all packed and wanting to move but can not because I can not afford it and I am still having major leg/back issues that moving has exacerbated. 98. 1've also been hospitalized 4 times in 3 months time from the stress and harassment Frank Perano through his businesses Country Manor West, GSP Management, his employee Scot Furhman and these neighbors have put me through and I want compensation for all of the above. 99. I have more to state but am limited for time. Judge Masland kindly granted me an additional 3 weeks however I had started a medication the psychiatrist I started seeing from all this stress had insisted would help and it reaked havoc on me. I vomited, became lethargic, weak, confused etc just from 3 days of Effexor and within a few days I had to pack my van and head to a safe house for 3 days during the hurricane and this made me loose one week of trying to file this paperwork properly. I can still use one more week or two and will try to add amendments if I could. 100. For now I am going to have to stop here as it is 3:26pm and I've had no sleep and need to make copies and be at the CCCH before closing. I am not well mentally or physically and my family doctor wants me to see a cardiologist for further heart tests. The stress and anxiety from filing and doing this legal research and paperwork is causing much mental and physical pain and issues. I have so much more to add but am under limited time constraints and can not add them at this time and the following Counter suit or Counter claim is not proper but everything I've mentioned above and a few more other issues are all incorporated in the following: Counter Suit or Counter Claim 101. Frank Perano, Country Manor West, GSP Management, Scot Fuhrman and Jane/John Does have with malicious intent harassed me and have tried to evict me. 102. Frank Perano, Country Manor West, GSP Management, Scot Fuhrman and their attornies have tried to collect rent money that was not due. 103. Frank Perano, Country Manor West, GSP Management, Scot Fuhrman and their attornies have tried to evict me under malicious, retaliatory, negligient reasons. 104. Frank Perano, Country Manor West, GSP Management, Scot Fuhrman have not maintained the lots or properties and they are hazardous and have caused damages. 105. Electricity is being stolen from my electric post to light the lamp, etc. 106. Frank Perano, Country Manor West, GSP Management, Scot Fuhrman are aware of the fact that As a direct and proximate result of their gross and malicious negligient actions Defendant has suffered the following damages: severe emotional harm economic harm including lost wages benefits and other privileges of employment serious damage to her reputation mental anguish loss of economic expectancies including an expectancy of future earnings benefits and other privileges of employment impairment of her earning power and capacity which may continue indefinitely in the future inconvenience embarrassment and personal humiliation retaliatory eviction Health or Safety Violations Unfair debt collection practices WRONGFUL USE OF CIVIL PROCEEDINGS - LAWSUITS AND LEGAL PROCEEDINGS ALLEGEDLY FILED AS HARASSMENT TECHNIQUE. ABUSE OF PROCESS malicious prosecution Breach of warranty of habitability right to quiet enjoyment intentional and negligent infliction of emotional distress ON AN ALREADY MENTALLY DISABLED INDIVIDUAL SUFFERING FROM DEPRESSION, STRESS, FEAR, ANXIETY. WRONGFUL EVICTION OF RECOVERING MENTALLY & PHYSICALLY DISABLED INDIVIDUAL- Negligence for injuries caused by a dangerous condition (hazard trees) that a landlord knew needed correction, but did not correct in common areas. The water quality is questionable as well. I do not drink it & only bathe in it. mail fraud...for billing ahead... Hidden DefectsA landlord is liable for injuries caused byhidden defects or bad conditions in your apartment that existed at the beginning of your tenancy. Failure to Make Repairs Paying for Utilities Without a Written Agreement Under the state Sanitary Code, unless there is a written agreement that specifically states that you, the tenant, are required to pay for the heat, hot water, gas, or electricity, the landlord must pay for these utilities If a landlord puts any utilities in your name without a written agreement, this is considered a breach of your right to quiet enjoyment Nuisance A landlord who participates in the creation of a condition that "materially interferes with the ordinary comfort of human existence" or that lowers the reasonable use or value of property may be found liable for injuries caused by that condition conditions involving noise, noxious odors, fumes, or vermin constitute a nuisance.86 tort for fraud and deceit" Bad conditions and breach of warraanty of habitability. Breach of quiet enjoyment Retaliation Unfair or deceptive practices neglgence Infliction of emotional distress Above is a partial list of things Eva Ordo is wanting to bring suit against the above named for. The above named plaintiffs partially or entirely resulted in the eviction of Eva Ordo from the community and I am asking that they be held liable to the fullest extent of the law and I be awarded for losses, pain and suffering, punitive, collateral damages, etc. I must repeat, I am filing this under duress and need an attomey since Mid Penn Legal Services refuses to represent this case and has not referred me elsewhere. As a direct and proximate result of Plaintiff's fraudulent inducement Defendant has suffered and continues to suffer damages The conduct of Plaintiffs was fraudulent willful and intentional and constituted deliberate acts and omissions having a high probability of harm and reckless indifference to the consequences by reason, etc. of which Defendant is entitled to punitive damages against Plaintiffs jointly and severally in a compensatory and punitive sums. Wherever applicable TREBLE awards are being requested. WHEREFORE, Eva Ordo respectfully requests this Court to dismiss the charges brought by Country Manor West and allow her to have a jury trial with legal representation awarded by the court such as a prosecuting attomey otherwise the Defendant demands judgment in her favor in an amount in excess of $300,000.00 plus interest and costs of the suit. Respectfully submitted, // - ~ i Z Eva Ordo Pro Se 72 Cherry Lane Carlisle, Pa 17015 VERIFICATION I hereby verify that the statements in this petition are true and correct to the best of their knowledge information and belief I understand that this verification is made subject to the penalties of 18 Pa C SA section 4904 relating to unswom falsification to authorities. li-~-~ Z. .a~~ 2 Dated Eva Ordo Pro Se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Country Manor West, Case No. 12-2964 Civil Plaintiff, v. Eva Ordo, . Defendant. NOTICE TO PLEAD TO: Eva Ordo, you are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a judgment may be entered against you. Page 1 of 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ' CIVIL DIVISION Country Manor West, Case No. 12-2964 Civil ~ ~> ~ _ ~,~; ,- .~, Plaintiff, v. Eva Ordo, Defendant. PRELIMINARY OBJECTIONS Plaintiff Country Manor West and alleged "Counterclaim" Defendants Frank T, Perano ("Mr. Perano"), GSP Management Ca ("GSP"), and Scott Fuhrman ("Fuhrman") hereby file Preliminary Objections to Defendant Eva Ordo's "Answer, New Matter, Countersuit, Counterclaim"~ and in support of these Preliminary Objections, allege as follows: 1. The Plaintiff in this action is Country Manor West. 2. Country Manor West owns and operates the Country Manor West Mobile Home Park (the "Park") 3. Defendant Eva Ordo ("Ms. Ordo") owns a mobile home ("Home") placed on Lot No. 072 (``Lot") in the Park. 4. Ms. Ordo rents the Lot from Country Manor West. 5. Ms. Ordo rents the Lot subject to the terms of a written lease ("Lease") and the mobile home park rules ("Rules") ' This is Ms. Ordo's fourth Answer, New Matter, and Counterclaim. Page2of18 6. Ms. Ordo violated the Lease and the Rules by continuously placing debris and/or refuse on the Lot, placing fencing around the Lot, storing appliances and/or furniture on the patio and/or around the outside of her mobile home and failing to keep her mobile home in a neat and well-maintained manner. 7. On March 12, 2012, in response to Ms. Ordo's violations of the Lease and Rules, Country Manor West commenced a landlord and tenant action with the Magisterial District Court. 8. Country Manor West prevailed in the landlord and tenant action at the Magisterial District Court. 9. On May 18, 2012, Ms. Ordo filed an appeal from the judgment of the Magisterial District Court. 11). On June 4, 2012, in accordance with Pa. R.C.P.D.J. No. 1004B and in response to Ms. Ordo's appeal of~ the Magisterial Court's Judgment, Country Manor West filed the complaint in this matter. 1 i . In its complaint, Country Manor West seeks possession of the Lot and any unpaid rent from Ms. Ordo at the rate of $371.00 per month, plus late fees, interest, costs, and any other relief the court deems fair and reasonable. 12. On July 18, 2012, Ms. Ordo served Country Manor West, Mr. Perana, GSP, and Mr. Fuhrman via first-class mail with a document entitled "Answer, New Matter and Counterclaim to Plaintiffs Complaint." Page 3 of 18 13. Ms. Ordo's July 18, 2012 Answer, New Matter and Counterclaims were comprised of a rambl.irg narrative description of the history of Ms. Ordo's tenancy at Country Manor West. 14. Ms. Ordo's July 18, 2012 Answer, New Matter and Counterclaims were not divided into consecutively-numbered paragraphs and to the extent it was divided into paragraphs, each paragraph contained multiple allegations. 15. Ms. Ordo also stated that her counterclaims would be added at a later date and that she needed 30 to 60 days to find an attorney. lfi. On July 30, 2012, Country Manor West filed its Preliminary Objections against Ms. Ordo's Answer, New Matter and Counterclaim. 17. On September 7, 2012, Ms. Ordo filed a "Petition for the Extension of Time to File Amended Answer, New Matter, and Counterclaim," but did not serve Country Manor West, Mr. Perano, GSP, or Mr. Fuhrman.2 18. In her Petition, Ms. Ordo said she needed more time to prepare an amended answer, new matter and counterclaim because of medical issues and her inability to find an attorney. 19. On September 7, 2012, Ms. Ordo also filed a "Petition for the Appointment of Counsel in a Civil Action," but did not serve Country Manor West, Mr. Perano, GSP, or Mr. Fuhrman. 2C-. On September 14, 2012, Honorable Judge Albert H. Masland issued an Order granting Ms. Ordo an additiona130 days (until October 15, 2012) to file an Amended Answer, ~ Counsel for Country Manor West routinely checks the Court's online docket to see if Ms. Ordo has filed documents without serving a copy on counsel. Page 4 of 18 ~. New Matter and Counterclaim and issued an Order denying Ms. Ordo's Petition for the Appointment of Counsel in a Civil Case. 2 ~ . On October 15, 2012, Ms. Ordo filed a document titled "Defendant's Answer, New Matter, and Counterclaim to Plaintiff's Complaint." 22. Ms. Ordo's October 15, 2012 "New Matter" and "Counterclaims," again, were not divided into consecutively-numbered paragraphs, failed to contain any separate counts of causes of action, and failed t:o state any facts to support her counterclaims. 2i. On October 18, 2012, three days after the Court's extension expired, Ms. Ordo filed a 13 page, unsigned document that asked the Court to allow her to add to her New Matter. 24. The allegations in the 13 page document, again, were not divided into consecutively-numbered paragraphs, failed to contain any separate counts of causes of action, and failed to identify any facts to support her counterclaims. 25. On October 18, 2012, Ms, Ordo also filed a second "Petition for the Extension of Time to File Amended Answer, New Matter and Counterclaim." 26. Ms. Ordo, once again, failed to serve her second "Petition for the Extension of Time to File Amended Answer, New Matter and Counterclaim" on Country Manor West, Mr. Perano, GSP, or Mr. Fuhrman. 2 i . In her second Petition, Ms. Ordo said she needed two more weeks to prepare an amended answer, new matter and counterclaim because, although she has done her research and gathered everything she needed, she required more time to look through all the information. Page 5 of 18 28. On October 26, 2012, Judge Masland issued another Order granting Ms. Ordo an additional 25 days (until November 9, 2012) to file an Amended Answer, New Matter and Counterclaim. 29. In his Order, Judge Masland stated that he granted Ms. Ordo the requested extension in the hope that it would result in a more clear and concise filing than Mr. Ordo had submitted to date. 30. On November 9, 2012, Ms. Ordo served Country Manor West, Mr. Perano, GSP and Mr. Fuhrman via first-class mail with a document entitled "Answer, New Matter, Countersuit, Counterclaim." ("Amended Answer, New Matter, and Counterclaims") 31. This is Ms. Ordo's fourth attempt to answer the complaint. 32. Country Manor West, Mr. Perano, GSP and Mr. Fuhrman file these Preliminary Objections in response to Ms. Ordo's November 9, 2012 Amended Answer, New Matter, and Counterclaims. A. Failure of New Matter to Conform to Rule of Court (Rule 1028(a)(2)). 3:3. Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 34. Under Rule 1022 of the Pennsylvania Rules of Civil Procedure, pleadings must be divided into consecutively-numbered paragraphs and each paragraph may contain only one material allegation. 3~. Ms. Ordo's Amended New Matter is not divided into consecutively-numbered paragraphs. Page 6 of 18 36. To the extent Ms. Ordo's Amended New Matter is divided into paragraphs, each paragraph contains multiple allegations. 37. Because Ms. Ordo's Amended New Matter does not conform to Pa.R.Civ.P. 1022, it will be extremely difficult for Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman to reply to whatever allegations are contained in those paragraphs. WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection, strike all allegations not contained in separately-numbered. paragraphs as well as all numbered paragraphs that contained multiple allegations in Ms. Ordo's Amended New Matter. B. Allegations of Impertinent Matter (Rule 1028(a)(2)). 38. Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 39. An allegation in a pleading is impertinent if it is immaterial and inappropriate to the proof of the cause of action. Jubelirer a Rendell, 904 A.2d 1030, 1033 (Pa.Cmwlth. 2006). 40. The majority of the paragraphs in Ms. Ordo's Amended New Matter only contain allegations related to her inability to move and sell the Home, her reasons for only using the living room in the Home, various "complaints" she has made about the Park to Country Manor West and Mr. Fuhrman and her personal medical issues. 41. Ms. Ordo's allegations in these paragraphs are impertinent because they do not relate to her defense of Country Manor West's complaint against her for violating the Lease and the Rules or the Amended Counterclaims she is attempting to allege against Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman. Page 7 of 18 WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection and strike all allegations not related to Ms. Ordo's defense against Country Manor West's complaint. or Ms. Ordo's counterclaims. C. Failure of Counterclaims to Conform to Rule of Court (Rule 1028(a)(2)). 42. Country Manor West, Mr. Perano, GSP, and Ivlr. Fuhrtnan incorporate by reference the allegations contained in the preceding paragraphs. 43. Under Rule 1022 of the Pennsylvania Rules of Civil Procedure, pleadings must be divided into consecutively-numbered paragraphs and each paragraph may contain only one material allegation. 44. Once again, Ms. Ordo's Amended Counterclaims are not divided into consecutively-numbered paragraphs. 45. Because Ms. Ordo's Amended Counterclaims do not conform to Pa.R.Civ.P. 1022, it will be extremely difficult for Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman to answer whatever allegations are contained in these counterclaims. VG'HEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Couri: sustain this preliminary objection, strike all allegations not contained in separately-numbered paragraphs as well as all numbered paragraphs that contained multiple allegations in Ms. Or~io's Amended Counterclaims. D. Demurrer to Counterclaims (Rule 1028(a)(4)). 46. Country Manor West, Mr. Perano, GSP, and Mr. FuhrmaY incorporate by reference the allegations contained in the preceding paragraphs. Page 8 of 18 47. Pennsylvania is afact-pleading state that requires a counterclaim to apprise a plaintiff of the claim- being asserted and to summarize the essential facts that support the claim. 48. Pa.R.Civ.P. 1019(a) requires that the "material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 49. The purpose of Pa.R.Civ.P. 1019(a) is to require the pleader to disclose the "material facts" so the adverse party can prepare his case. 50. Undex Pa.R.Civ.P. 1020(a), if a complaint states more than one cause of action against the same party, "[e]ach cause of action and any special damage related to [that cause of action] shall be stated in a separate count containing a demand for relief." 51. Ms. Ordo's Amended Counterclaims do not contain any separate counts. 52. From what Country Manor West can make out of Ms. Ordo's Amended Counterc aims, Ms. Ordo simply copied and pasted four pages of legal terms and sections of definition of the legal terms. 5 ~. It is difficult to deternune the causes of action Ms. Ordo is alleging in her Amended Counterclaims, but she seems to be pursuing the following claims: • Health or safety violations. • Unfair debt collection practices. • Wrongful use of civil proceedings. • Abuse of process. • Malicious prosecution. • Breach. of warranty of habitability. • Breach of right to quiet enjoyment. Page 9 of 18 • Intentional and negligent infliction of emotional distress. • Wrongful eviction of'recovering mentally and physically disabled individual. • Negligence. • Hidden defects. • Failure to make repairs. • Not paying for utilities. • Nuisance. • Fraud and deceit. • Bad conditions. • Retaliation. • Unfair or deceptive practices. 54. Ms. Ordo's Amended Counterclaims do not identify any facts in support of these claims. 5~. Ms. Ordo's Amended Counterclaims do not identify the individuals against whom any specific claims are being brought. 56. Country Manor West, Mr. Perano, GSP and Mr. Fuhrman should not have to try to sort through Ms. Ordo's jumble of disjointed facts to determine if any of those allegations could support one of the numerous claims that Ms. Ordo might be trying to assert. 5?. Even if Country Manor West, Mr. Perano, GSP and Mr. Fuhrman could somehow fashion an answer to Ms. Ordo's "counterclaims," they still would have no idea exactly what claims Ms. Ordo believes she has raised. Page 10 of 18 58. In addition, the court cannot act as the attorney for pro se litigants or be responsible for bringing a litigant's suit into compliance with the rules of civil procedure. Fraisar a Gillis, 892 A.2d 74, 76 (Pa. Cmwlth. 2006); see also Plier a Ford, 542 LJ.S. 225, 231 (2004) (concluding that district judges have no obligation to act as counsel or paralegal to pro se litigants, noting that being too proactive on the pro se litigant's behalf can undermine a judge's role as an impartial decision maker). 59. The court must sustain preliminary objections in the nature of a demurrer when, under the facts averred, the law says with. certainty that no recovery is possible. Werner v Zazyczny, 545 Pa. 570, 681 A.2d 1331, 1335 (1996); Firing a Kephart, 466 Pa. 560, 353 A.2d 833, 834 (1976). 60. In her Amended Counterclaims, Ms. Ordo has not alleged any facts upon which a recovery is possible. WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection and strike Ms. Ordo's Amended Counterclaims. E. Failure to Conform to Rule of Court (Rule 1028(a)(2)). 61. Mr. Fuhrman incorporates by reference the allegations contained in the preceding paragraphs. 62. Under Pa.R.Civ.P. 1031(a), a counterclaim is a "cause of action cognizable in a civil action which the defendant has against the plaintiff at the time of filing the answer." 63. Since Mr. Fuhrman was not a plaintiff in this matter, M . Ordo may not bring any counterclaims against him. Page 11 of 18 WHEREFORE, Mr. Fuhrman respectfully requests that the Court sustain this preliminary objection and strike all allegations in Ms. Ordo's Amended New Matter and Counterclaims against him. F. Improper Service of Counterclaims (Rule 1028(a)(1)). 64. Mr. Fuhrman incorporates by reference the allegations contained in the preceding paragraphs. 65. Under Pa.R.Civ.P. 402(a), original process may be served either by handing the document to the defendant or any of the following: i. At the residence of the defendant, by handing the document to an adult member of the defendant's family or an adult person in charge of the residence; ii. At the residence of the defendant, by handing the document to the clerk or manager of the hotel, inn, apartment house, boarding house, or other place of lodging at which the defendant resides; or iii. At any usual place of business of the defendant, by handing the document to the defendant's agent or the person in charge of the place of business. 66. Ms. Ordo merely served her Amended New Matter and Counterclaims on Mr. Fuhrman via first-class mail. 67. In addition, Ms. Ordo failed to file any certificates of service for her Amended Answer, New Matter and Counterclaims. Page 12 of 18 68. Improper service is not merely a procedural defect that can be ignored, even if an individual learns of the action against him or her. ANSAssociates, Irac. v Gotham Insurance Company 42 A.3d 1074, 1077 (Pa.Super. 2012). 69. Mr. Fuhrman, therefore, has never been properly served with original process against them. WHEREFORE, Mr. Fuhrman respectfully requests that the Court sustain this preliminary objection. and strike all counterclaims against Mr. Fuhrman G. Lack of Jurisdiction Over the Person (Rule 1028(a)(1)). 70. Mr. Fuhrman incorporates by reference the allegations contained in the preceding paragraphs. 71. A court does not have personal jurisdiction over a person unless the person is properly served with original process. Miller a Klink, 871 A.2d 331, 334 (Pa.Cmwlth. 2005). 72. Since Mr. Fuhrman was not properly served pursuant to Pa.R.Civ.P. 402, this court does not have personal jurisdiction over him. WHEREFORE, Mr. Fuhrman respectfully requests that the Court sustain this preliminary objection and strike Ms. Ordo's Amended Counterclaims against him. H. Demurrer to Preliminary Objection (Rule 1028(a)(4)). 73. Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 74. The court must sustain preliminary objections in the nature of a demurrer when, under the facts averred, the law says with certainty that no recovery is possible. Werner u Page 13 of 18 Zazyczny, 545 Pa. 570, 681 A.2d 1331, 1335 (1996); Firing a Kephart, 466 Pa. 560, 353 A.2d 833, 834 (1976). 75. In her Amended New Matter, Ms. Ordo objects to the service of Country Manor West's complaint. 76. Although Ms. Ordo's objection to service is raised in :Ms. Ordo's Amended New Matter, the objection. to service is clearly meant to act as a preliminary objection to improper service. 77. Country Manor West filed its June 4, 2012 complaint in accordance with Pa. R.C.P.D.J. No. 1004B and in response to Ms. Ordo's appeal of the Magisterial Court's Judgment. 78. Pursuant to Pa. R.C.P.D.J. No. 1005D, a party filing a complaint under Rule 1004 may serve it upon the opposite party in the appeal by mailing a copy to her at her address, as shown in the Magisterial District Court's records. 79. Country Manor West served Ms. Ordo its complaint via United States First Class Mail at her address, as shown in the Magisterial District Court's records. 80. Ms. Ordo, therefore, was properly served in accordance with Pa. R.C:'.P.D.J. No. l OOSD. WHEREFORE, Country Manor West, Mr. Perano, GSP, and IV1r. Fuhrman respectfully request that the Court sustain this preliminary objection and strike Ms. Ordo's Preliminary Objection in its entirety. I. Failure of Amended Answer to Conform to Rule of Court (Rule 1028(a)(2)). 81. Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. Page 14 of 18 82. The vast majority of Ms. Ordo's Amended Answer included additional facts that were not mere denials of the averments in the complaint. 83. Under Pa.R.Civ.P. 1029, a responsive pleading must admit or deny each averment of fact in the preceding pleading or state that after a reasonable investigation the party is unable to form a belief as to the truth of the averment. 84. Under Pa.R.Civ.P. 1030(a), if a party intends to raise material facts that are not mere denials of the averments in a preceding pleading, the party may set forth those facts in new matter. 85. To the extent Ms. Ordo intends for her narrative history to be a new matter, she must allege those facts in separate paragraphs. 86. As written, it is almost impossible for Country Manor West, Mr. Perano. GSP, or Mr. Fuhrman to respond to the new facts alleged in Ms. Ordo's Amended Answer. WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection and strike all allegations not contained in Ms. Ordo"s Amended New Matter. J. Impertinent l nformation in Amended Answer (Rule 1028(a)(2)). 87. Country Manor West, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 88. The vast majority of the rambling narrative contained in Ms. Ordo's Amended Answer do not relate to her defense to Country Manor West's complaint. Page 15 of 18 WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection. and strike all allegations not related to defense against Country Manor West's complaint in Ms. Ordo's Amended Answer, K. Insufficient Specificity of Amended Counterclaims (Rule 1028(a)(3)). 89. Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman incorporate by reference the allegations contained in the preceding paragraphs. 90. While the Federal Rules of Civil Procedure require notice-pleading, Pennsylvania requires fact-pleading. See Fed.RCiv.P. 8(a)(2); see also Alpha Tau Omega Fraternity v University of Pennsylvania, 464 A.2d 1349, 1352 (Pa, Super 1983) ("Pennsylvania is a fact- pleading state.") 91. Pennsylvania's "system of pleading requires that the material facts upon which a cause of action is premised be pled with sufficient specificity so as to set forth the prima facie elements of the tort or torts alleged." Feingold a Hill, 521 A.2d 33, 38 (Pa.Super. 1987). 92. Under Pennsylvania law, a pro .se defendant must also comply with the Pennsylvania Rules of Civil Procedure. First Union Mortgage Corporation a Frempong, 744 A.2d 327, 333 (Pa. Super. 1999) (Pro se litigants are held to the same standard as practicing attorneys and are not afforded any particular advantage because of their lack of legal training.) 93. Ms. Ordo was given three opportunities to amend her counterclaims in order to comply with the Pennsylvania pleading rules. 94. However, Ms. Ordo's Amended Counterclaims still do not set forth any facts to support the claims alleged. Page 16 of 18 95. As a result, Ms. Ordo's Amended Counterclaims are not sufficiently specific to set forth any prima facie claims against Country Manor West, Mr. Perano, GSP, or Mr. Fuhrman. WHEREFORE, Country Manor West, Mr. Perano, GSP, and Mr. Fuhrman respectfully request that the Court sustain this preliminary objection and strike Ms. Ordo's Amended Counterclaims. Respectfully submitted, GSP Management Co. -'' ,, ~.. Daniel F. Schranghamer Attorney I.D. No. 67311 Yun Lee Attorney LD. No. 312656 800 West Fourth Street Williamsport, PA 17'701 Phone: (570) 326-281.4 Dated: November ~ 2012 Page 17 of 18 CERTIFICATE OF SERVICE I, Yun Lee, hereby certify that on November ~/~, 2012, I caused a copy of the foregoing document to be served via first-class United States mail, postage pre-paid, addressed as follows: Eva Ordo _ 72 Cherry Lane Carlisle, PA 17015 ~' L,._ ... - Yun Lee, Esq. Page 18 of 18 Eva Ordo, Defendant 72 Cherry Lane Carlisle, PA 17103 Phone: (717'),,,, E-mail: e Pro Se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Country Manor West Plaintiff v Eva Ordo Defendant No. 12-2964 CIVIL ACTION - LAW ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, thisp1h day of November, 2012, comes the defendant, Eva Ordo, Pro Se as follows: 1. Denied as stated on both statements. Defendant knows the Plaintiff "Country Manor West" as a mobile home park/business owned by Frank T. Perano. Defendant knows "GSP Management Company" to be a business owned by Frank T. Perano that operates "Country Manor West" Mobile Home Park. As to the existence or status of "Country Manor West", "Country Manor West" Mobile Home Park (`Park"), "GSP Management Company" Defendant denies this assertion in that they lack information to determine the truthfulness thereof after reasonable investigation. 2. Admitted as stated. 3. Admitted as stated. 4. Admitted as stated. 5. Admitted as stated. 1 6. Admitted as stated. Denied. Defendant is bringing charges against Plaintiff for Retaliatory Eviction, Consumer Fraud, Intentional Infliction of Emotional distress, etc., and is therefore countersuing for tens of thousands of dollars, asking for tort & punitive damages, double or treble and whatever else may apply. 8. Neither denied nor admitted. Defendant has not found the original lease to validate that Exhibit A is what was actually signed by Defendant. 9. Admitted in part and denied in part. There is a set of Rules posted in a prominent and visible location in Country Manor West but as to the validity of them being in compliance with the requirements of the Manufactured Home Community Rights Act is denied. The lease shown as Exhibit B is in direct violation of the Manufactured Home Community Rights Act and Landlord/Tenant Acts because the lease is asking for fees which the PA Attorney General's office stated they were in violation of charging and has fined them for doing so in the past at one or server other of the 77 mobile home parks Frank T. Perano owns and operates using GSP Management Company to enforce these unenforceable and illegal fees. There are also several different variations of the Rules that have been given to several different tenants. These different Rules will be entered under the New Matter as exhibit A. 10. Denied. The community Rules are not uniformly applied to all mobile home park tenants and there are different Rules given to different tenants. See Exhibit A. 11. Denied. Defendant claims there is no debris and/or refuse stored on her lot, there is no fencing around her lot, and there are no appliances and/or furniture, other than lawn furniture outside on her lot. Defendant does keep her home in a neat and well maintained manner. The violation the Defendant is being evicted for have been fabricated by the Plaintiff as harassment. 12. Denied. Rule violation notices were not served within the time frame set forth by the Manufactured Home Community Rights Act. All the violation notices ere not submitted by the Plaintiff under Exhibit B of the filed complaint. Defendant did submit a notice that Country Manor West and its attorneys did not submit along with the violation notices, which were dated March 15, 2012 telling the Defendant she had several days to pay a, fictitious late rent payment which is actually the court cost filing feel for the action taken at the local District Justice hearing. Three days earlier on March 12, 2012 legal action was taken by the Plaintiff for non-payment of rent. Defendant was given no opportunity to pay this cost before an eviction action commenced. 2 13. Denied. The legal filing was not in compliance with the section of the Manufactured Home Community Rights Act. The notice procedure found in the act is exclusive and requires strict adherence. If a proper first notice for eviction for rule violations would have been given then eviction proceedings may thereafter be commenced within 60 days of the second or subsequent violation without further notice. The eviction filing was not within the 60 day limit specified in the Manufactured Home Community Rights Act. All rule and rent charges must be uniformly applied to all community tenants and the this was not done in Country Manor West. 14. Denied. Defendant's lease states that the monthly rent will be collected on the first of the month and will only become past due after the 5ffi day from the first of the month. A copy of a newsletter sent out by the property manager of Country Manor West dated July 1, 2010 verifies this to be fact and became effective as of September 1, 2010. A copy of this newsletter is submitted as Exhibit B by the Defendant. 15. Denied. All rules and rent collection policy shall be uniformly applied to all community tenants. The eviction legal action taken by Country Manor West was retaliatory action. 16. Denied. The rule violations the Defendant is being charged are not being applied to other community tenants. The eviction action taken by Country Manor West was malicious and intended to cause emotional distress and financial distress to the Defendant. 17. Denied. Frank T. Perano using his property management company for Country Manor West did not adhere to the requirements of the Manufactured Home Community Rights Act and the eviction action is not validated by the act. Community Rules are not applied uniformly to all community tenants. The eviction action is retaliatory in nature and was done to inflict emotional and financial distress for the Defendant. Court costs for the eviction action taken at the District Justice was not a late rent payment but was filed as a late rent payment. The rent payment for May 2012 was not in fact actually late. WHEREFORE, Eva Ordo respectfully requests that this Court grant judgment in her favor and dismiss this complaint with prejudice. Dated: 12/0912 Respectfully submitted, By. ..--- 2 ,---. Eva Ordo, Defendant 72 Cherry Lane Carlisle, PA 17103 Phone: (717) 87, e - Pro Se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Eva Ordo Plaintiff Country Manor West a Src, 7' SL-, rE1?A44,k J Defendant No. 12-2964 CIVIL ACTION - LAW NOTICE TO DEFEND r ? . ?- ?- a--- - . 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO Page 1 of 5 PROVIDE YOU WITH ]FORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA 17103 Phone Number: (717) 249-3166 Page 2 of 5 Eva Ordo, Defendant 72 Cherry Lane Carlisle, PA 17103 Phone: (7' E-mail: Pro Se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Country Manor West Plaintiff v Eva Ordo Defendant No. 12-2964 CIVIL ACTION - LAW COMPLAINT COUNTI [ABUSE OF CIVIL PROCESS] AND NOW, this)9th day of November, 2012, comes the defendant, Eva Ordo, Pro Se, who files this Complaint and avers as follows: 1. Plaintiff is Eva Ordo, who is an adult individual residing at 72 Cherry Lane, Carlisle, Pennsylvania, 17103. 2. Defendant is GSP Management Co. ("GSP") which is a Pennsylvania registered corporation with its principal place of business at 2846 Main Street, 12A, Morgantown, Pennsylvania, 19543. Page 3 of 5 3. On March 12, 2012, GSP filed a suit against the Plaintiff with Magisterial District Court, 09-3-03, Susan K. Day, 229 Mill Street, P.O. Box 167, Mount Holly Springs, Pennsylvania, 17065 seeking to evict the Plaintiff from the mobile home park owned by GSP. 4. At the hearing before Magisterial District Judge Day, GSP claimed that the Plaintiff violated the terms of her lease and the mobile home park rules due to the following: for continuously placing debris and/or refuse on the lot, placing a fence around the lot, storing appliances and/or furniture on the patio and/or around the outside of her mobile home, and for failing; to keep her mobile home in a neat and well-maintained manner. A true and correct copy of GSP's Complaint file with the Magisterial District Court, 09-3- 03, is attached hereto as Exhibit "A") 5. Notably, Plaintiff denies violating the terms of her lease and the rules of the mobile home park, and believes that Scot Fuhrman, property manager for GSP, filed suit against her to harass her and to cause emotional distress and financial distress in order to gain ownership of the mobile home. 6. Plaintiff's mobile home lot is one of the neatest in the mobile home park, and is well maintained. 7. GSP was successful at the Magisterial District Judge level, and Plaintiff appealed. 8. On June 4, 2012, GSP filed a complaint with the Cumberland County court of Common Pleas alleging the same violations outlined in paragraph four (4) of this complaint. (A true and correct copy of said Complaint is attached hereto as Exhibit `B"). 9. The Plaintiff has suffered the following harm due to GSP's filing of frivolous law suits to harass her: (i) severe emotional distress, (ii) financial harm by having to pay for medical Page 4 of 5 bills, and (iii) illnesses brought on by the stress caused by GSP's actions taken against her. WHEREFORE, Plaintiff demands judgment against defendant in the amount not less than $50,000.00. COUNT II [PUNITIVE DAMAGES] 10. Plaintiff incorporates the allegations contained in paragraphs one (1) through nine (9) as though set forth at length. 11. All actions undertaken by GSP were outrageous, willful and malicious and without legal justification or excuse. They were undertaken by GSP solely with the intent to harm the plaintiff. am i. eman or an amount not less than a_ espect y su , Eva Ordo, Defendant 72 Cherry Lane Carlisle, PA 17103 Phone: (;' _ -; e. Pro Se Page 5of5 New Text Document (6).txt count 3 unfair Trade Practices and Consumer PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 13. Frank Perano, Scot Fuhrman, Country Manor West, GSP Management were aware of the fact that the cable TV service they were providing the mobile home park had major issues with it and not of consumer grade or quality but passed it off as if it was. 14. Frank Perano, Country Manor West, GSP Management, via Scot Fuhrman tried to deceive me by stating the cable TV service was not part of the lease when it was. 15. Frank Perano, Scot Fuhrman, Country manor west, GSP Management used deceptive practices and consumer fraud to sell and/or maintain utilities. conduct was fraudulent, deceptive, and misleading. Torts -- Fraudulent misrepresentation compensatory Damages -- Punitive pecuniary and punitive damages. Count 4 16. Lack of Maintenance & Endangerment 17. Frank Perano, scot Fuhrman, Country Manor West, GSP Management were aware of the fact that they had hazard trees in the park and sorrounding my home prior to leasing the lot to me. 18. Frank Perano, scot Fuhrman, put my life and property at risk by not maintaining the trees in the park and sorrounding my home prior to and after signing the lease. 19. Eva ordo complained about hazard trees prior to two falling on her home. 20. Frank Perano, Scot Fuhrman, put my life & property at risk by not maintaining the trees sorrounding my home and as a direct result I have lost the use of my back bed room & the kitchen infront out of fear of a tree falling onto my home and causing damage or death. 21. I also was forced to refrain from using the bathroom on days it was windy out of fear of a tree falling onto my home and causing damage or death. 22. Frank Perano via Country Manor west MHP had a GSP Management employee write me a letter stating that "Cumberland Valley Tree Service" told them the trees sorrounding my house were safe. This was a lie. 23. I have been forced to live in fear of being injured or killed because of the landlords willful negligience and refusal to maintain the trees sorrounding my home. I had bought this home to -fix it up and sell it Because of the lack of maintenance and existance of these hazard trees sorrounding my house I have ceased to fix the home up for resale. I could have profited $10,000.00 from the sale of this home had I continued to fix it up. I have become depressed and full of fear because of this hazardous condition and the realization that I can not afford to move or make a profit from selling my home. Count 5 Theft of service 24. Frank Perano, scot Fuhrman, country manor west, GSP Management are aware of the fact that their lamp posts are illegally tapped into tenants PP&L electricity. Page 1 New Text Document (6).txt No where in the lease does it state that the tenant pays for the electricity to the lamp post. only mention of the lamp post is that the park maintains it. Frank Perano, Scot Fuhrman, Country manor west, GSP Management are aware of the fact that many homes have caught fire and/or had wires melt due to an issue of lamp post's wire or ground wire arcing. This arcing of the lamp post's wires has put Eva ordo and others in extreme danger not Just over the issue of the houses catching fire but also over the fact that some of the gas lines next to the electrical boxes with arcing wires have issues of leaking. 25. I have had to call UGI: out to my home three times to fix a leaking gas issue even though I do not use the gas service! I do not use the gas service because I discovered a leak at the gas meter right before moving in and was fearful of there being a gas leak elsewhere in my lines. I have had to pay for electric to heat my home which costs more than gas and want compensated for the extra cost. There were many rumors about the lamp post wire arcing and it is only recently that I spoke with neighbors that had arcing wire issues. 26. Recently, one PP&L employee stated that the neigbor 2 lots next to mine (Mr. Reiner 78 Cherry Lane ) could have blown up the whole block if he had turned on his electricity which had shut off at the outside fuse box next to the leaking gas meter. He stated the issue was an malfunctioning/arcing lamp post wire. He stated he couldn't beleive the Middlesex Township zoning commisioner wasn't forcing the owner of the park to fix this issue because this was not the first incident involving the lamp post arcing wire malfunction and damage or potential damage to homes in the park! 27. I have lived with additional fear and worry ever since this PP&L worker stated that but I can not afford to move or buy another mobile home and I can't in good conscience sell this one to someone else. 28. Frank Perano, Scot Fuhrman, country manor west, GSP Management are aware of the hazardous conditions involving their unmaintained lamp post wires, several of which have arcing issues, and the potential danger of a block or more being wiped out due to leaking gas line issues and have put their tenants and myself in an extremely hazardous life threatening situation because they do not want to spend the money to fix such issues. Count 6 Lack of maintenance & potable water 29. I was put under the impression that the water was safe to drink prior to leasing the lot. I was shown a water analysis paper from the Middlesex Township water company that supplies the park water which stated the water was safe. shortly before moving in I noticed a foul stench to the water. I thought the lines in the home might have needed flushed out. The odor has subsided but occaisionally surfaces. Because of the odor and the unusual film the water left on my dishes and on my body after showering I have been forced to buy bottled water for me and my pets. I am very low income and this is an expense that has encumbered me financially immensely. In light of the fact that Frank Perano has been arrested by the government for dumping raw and/or unprocessed sewage into our beautiful creeks and streams in Pennsylvania, and for providing contaminated water to several of the 74 mobile homes he owns in Pennsylvania I have asked the EPA to come out and test my water to substantiate that my assumption that our water is not fit to drink as I am not the Page 2 New Text Document (6).txt only tenant to complain about foul smelling water that leaves a heavy film on things. Count 7 30. ... 73 P.S. § 201-3, of the act, which incorporates the definitions of unfair competition and unfair or deceptive acts as set forth in section 201-2(4)(i-xvii) 31. 73 P.S. § 201-2. (3) "Trade" and "commerce" mean the advertisingg, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, and includes any trade or commerce directly or indirectly affecting the people of this commonwealth. 32. 73 P.S. § 201-2. (4)"unfair methods of competition" and "unfair or deceptive acts or practices" mean any one or more of the following: (ii) causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services; (iii) causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another; (v) Representing that goods or services have sponsorship, approval, characteristics,ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have; (vii) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; (ix) advertising goods or :services with intent not to sell them as advertised; (xiv) Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made; (xvi) Making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing; (xxi) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 33. Scot Fuhrman and Tod Walters both tried to claim that the cable service was not part of the lease agreement and a free service and therefor they were not obligated to make repairs to the substandard and/or non existant cable service. facts to maintain a private cause of action under the "unfair Trade Practices and consumer Protection Law." Page 3 New Text Document (6).txt 34. fraudulent conduct, misrepresentation, demurrer, unfair or deceptive acts or practices in the conduct of any trade or commerce 35. I would never have purchased the mobile home had I known that the cable utility being offered by the mobile home park was subject to frequent loss of reception and/or of such poor visual quality. Rent was $371.00 but all I could afford was $341.00 and I justified the additional $30.00 as a cost I would have paid for cable had I moved into a less expensive park. GSP Management sent their maintenance man Tod Walters to my home 4 times to improve the reception. The last time he finally admitted that nothing more could be done or would be done because the under groudn cable lines were over 40 years old and needed to be replaced. Forty year old tree roots are stretching the underground cable TV lines causing damage and poor reception. soil erosion and tree roots push the underground cable lines above ground and subject them to being damaged by elements and neighbors running over them with their lawn mower blades. Tree roots and cable TV wires that are above ground due to soil erosion or lack of maintenance make it hazardous to walk upon the property for fear of tripping over them. 36. cable reception and/or service is poor or non existance every time it rains. Cable reception is constantly changing visually and audibly due to someone constantly trying to fix or tune the reception as complaints are made on an ongoing basis. Scot Fuhrman and Tod Walters both stated to me and other tenants that the trees that fell and caused damage to our properties was "an act of God" and refused to give out their insurance company's information. 37. Frank Perano, GSP Management, Scot Fuhrman are aware of the fact that their trees are hazard trees. All of the above are incorporated in my suit against Frank Perano, GSP Management, Country Manor West MHP, Scot Fuhrman ?'1? 46 ?'yUE -may y? ,2 Qc= ?2?? = ``1.? U Page 4 IN THE COURT OF COMMON PLEAS Ii CUMBERLAND COUNTY PENNSYLVANIA 77C1 3 APR -5 PM J' 2 Eva Ordo CUMBERLr+ i✓Ut +' PENNSYLVANI,^� Defendant/Counter Plaintiff vs No 12-2964 Civil CIVIL ACTION-LAW FRANK T. PERANO COUNTRY MANOR WEST GSP MANAGEMENT CO. SCOTFUHRMAN JOHN and JANE DOES 1-10 JURY TRIAL DEMANDED Plaintiffs/Counter Defendants Defendant Eva Ordo's Motions, Complaints, Rants,Whatever The following is being submitted under duress and I am incapacitated according to my doctors and not capable of filing ANYTHING properly and am evoking laws for Pro Se individuals which allow some leeway in how they conduct legal matters as they are not professional lawyers. 1). First and foremost, since this case and my allegations are about to go very public I am asking that the bank document from PNC Bank that showing I opened an escrow account, that I submitted in some of my first submissions as evidence be taken off of the internet which your office posted online and have my social security number blacked out IMMEDIATELY! This should NEVER have been put online for all to see with my social security number. I feel very violated that your office allowed this to happen. 2). Supersedeas is not enforceable/applicable/warranted. Please take the time to review the documents in my case and see why it is not enforceable/applicable/warranted and reverse your decision. Seems like no one bothered to look into that before issuing the Supersedeas violation. 3).You should start with looking at the DJ's orders which state nothing can be done eviction wise if I don't pay! (Grant possession if back rent is not paid"NO"). Also, the amount owed was $129.88 THE FRIGGIN' COURT COST FILING FEE WHICH WAS FALSELY USED under the FALSE PRETENSE /GUISE as BACK RENT. I WAS NEVER GIVEN NOTICE OF BEING LATE IN RENT BEFORE CHARGES WERE FILED!!! <-DIRECT VIOATION OF THE LAW! 4).THREE DAYS"AFTER"THESE NIMRODS FILED at susan day's office DOCUMENTS STATING I WAS LATE IN RENT THEY SENT ME A BULLSHIT NOTE STATING I WAS PAST DUE ON RENT IN THE AMOUNT OF$129.88 and if I paid that they would not press charges! Not only is that LUDICROUS but it's ILLEGAL and seems like EXTORTION TO GET DJ SUSAN DAY$129.88 FOR NO VALID REASON SINCE I WAS NOT LATE IN RENT AND HAVE ALWAYS PAID PRIOR TO THE 51h of EACH MONTH which this PATHETIC DJ Day was SHOWN via my BANK STATEMENT THAT I'VE BEEN MAKING TIMELY AND NOT LATE PAYMENTS FOR ONE YEAR along with the LEASE stating RENT IS NOT LATE TILL AFTER the 51h of EACH MONTH! Either Day is CORRUPT or VERY STUPID or something! Again, please take the time to look into the filed documents and correct your orders of violating a supersedeas. 5). 1 violated no supersedeas. I complied with Day's BULLSHIT orders and paid the COURT COST FILING FEE which was ILLEGALLY USED AS THE AMOUNT I OWE ON BACK RENT to CCCH Prothonotary's office and in fact I overpaid and have requested a refund which you've blown off. I want reimbursed for the amount I asked earlier! 6). 1 repeat the God DAMNED landlord Frank Perano through his malicious corrupt jerk park manager Scot Fuhrman filed FALSE CHARGES of me being late on March 26th?2012 using the FREAKING COURT COST FILING FEE($129.88)as the AMOUNT DUE FOR BACK RENT! This was done out of RETALIATION for me COMPLAINING ABOUT CONDITIONS and ISSUES! When Amy Hirakis of Mid Penn showed that bitch Day my bank statement for the past year the opposing attorney stood up and cried"Well today is May 3`d and we've not received rent yet!"and she ruled in their favor! 7)The date of the trial, May 3, 2012, his attorney acted as a BILL COLLECTOR...WHICH IS ILLEGAL...and I am pressing charges against Perano's attorneys for trying to collect rent AS A BILL COLLECTOR on May 3°d the day of the trial. DJ Day read the lease which states"Rent is"collected"(not due)on the 1 st and after the 5th late fees are assessed"but this incompetent, dumb, corrupt or whatever bitch ruled against me stating I was late on rent on May 3nd which is not what we were at trial for. Day was informed the check was already in the mail via my bank's automated Bill Pay AS IT HAS ALWAYS BEEN FOR THE PAST YEAR and we showed her my bank statement that showed that my rent has never been late and CLEARLY SHOWED THAT they've always received rent by the 5th which MY LEASE states is permissible and I believe state law has a 5 day leeway as well. My attorney stated there is a FIVE DAY GRACE PERIOD in the lease but they argued the word"Grace Period" is not in my lease! MY LEASE does state the rent is not late till after the 5 th ...SAME THING as FIVE DAY GRACE PERIOD! Day ruled against me and stated I was LATE on May 3"d! 8). 1 am requesting from Country Manor West records of all tenants payment histories for the past 4 years to substantiate that FAVORTISM is being practiced as MANY PEOPLE are not paying till the 5th OR MUCH LATER and THEY ARE NOT BEING PERSECUTING LIKE I AM!!!!!!! 9). Regardless, the lease is NOT ENFORCEABLE because I have provided several other leases as evidence to this court house that were in effect at the time of mine that are ALL WORDED DIFFERENTLY and one even states there is a FIVE DAY GRACE PERIOD while another states rent can be paid ten days later I believe. You'll have to look at my filed evidence paperwork. State law requires that ALL TENANTS have the SAME LEASE!!!!! 10). 1 wonder how many COUNTLESS others have lost their homes because of SHADY actions and dealings by Frank Perano's businesses and lawyers that have had to endure a sham of a trial and lost because of DJ Day's ignorance, incompetence, corruption or whatever her problem is in not being able to rule justly. I know at least 11 others lost their homes between March/May 2012.Judicial conduct board will be investigating Day's actions and speaking to Mid Penn Legal Services whom are VERY AWARE of PROBLEMS with the way Day conducts her court! ;-) 11). 1 am SICK and TIRED of being PERSECUTED by this BULLSHIT and want a jury trial to recoup for my losses. 12). 1 am ENTITLED to FREE legal representation which I have asked for earlier and have been denied. 13). 1 have been hospitalized FIVE TIMES NOW from the STRESS and FEAR/TERROR from the actions of SEVERAL CUMBERLAND COUNTY EMPLOYEES from Judge Masland, Judge Placey, the Prosecutors office, Public Defender's office, CC Prison, Middlesex Township Police, CCCH guards etc to this landlord and his goons actions that have caused immeasurable harm mentally and physically to me, an already mentally disabled individual because of their actions. 14). Motion for a Judge other than Masland, preferably Judge Guido, to go back through all my filings and my former requests filed at the Prothonatary's office, that were either denied or not addressed, appropriately or at all, as I do not believe I have been treated fairly by Masland, yet again...not the first time, and I am currently in an incapacitated, mentally diminished state because of threats by Police Chief Barry Sherman, recent harassment and threats by Judge Placey and what seems like inappropriate judgements by Masland. I am acting as Pro Se with no legal counsel to direct me as to how I should address the following matters or present them in a manner the court expects a NORMAL individual let alone a mentally disabled individual on SSI to address as a SEASONED ATTORNEY and I have repeatedly asked for legal representation in this case! 15). 1 was raped in Cumberland County Prison (CCP)and have a myriad of mental issues like Post Traumatic Stress Disorder, Dissociative Disorder, Panic&Anxiety Disorders, Severe Depression, etc. After years of suffering with mental illnesses I never had prior to being illegally imprisoned by Judge Edgar Bayley... (after a sham of a trial in which he inappropriately addressed, berated, SCREAMED AT and then ORDERED the jury to find me guilty AFTER he called them out of the deliberation room because they were asking for orders to find me INNOCENT and instead he SCREAMED at them and BERATED them and ORDERED them to find me guilty)...I recently had flashbacks in which I saw Larry Washington's sweaty face on top of me while being raped in CC Prison along with two faceless guards of which I believe I recognize one of.A case worker from UCP recently helped me with something that caused me to have flashbacks which I made her aware of over one year ago and I have other evidence and psychiatric records to back up that something traumatic happened to me in prison. For over 15 years I had blocked this rape out of my head and have lived with immense fear in almost everything I do. I live in a Dissociative Fugue state when I'm under stress. 16). 1 AM NOT SUICIDAL...NEVER HAVE BEEN NEVER WILL BE...I state this incase anything hinky happens to me after the public posting of this letter as motions to address my case's prior and current requests goes to the news media and facebook. 17). Having to deal with fear, terror&nightmares and shutting down mentally and/or physically because having anything to do with what I view as a select group of corrupt, unjust or inept individuals at the Cumberland County Court House, Middlesex Township Police and Zoning office or District Judge Susan Day's office, triggers mental side effects that l got from being raped in CCP which is causing me much distress and illness caused by stress and fear/terro rendering me incapacitated many times throughout this long drawn out process...especially combined the retaliatory illegal threat to evict me under false and illegal charges/pretenses by the landlord Frank Perano through his attorneys Shranghammer and Yee, employees like Scot Fuhrman and businesses like G.S.P. and Country Manor West MHP, which were lodged against me after complaining about park conditions and wanting a deduction in rent and the name of their insurance company for damages caused to my property(which this court is still entertaining after a year without giving me an attorney or a jury trial which I've been requesting)! 18). Because of the actions of the aforementioned individuals, offices and organizations I have been been forced to make several visits to the ER over the past year because my mental and physical health is being diminished or compromised because I do not have a lawyer to represent me and Cumberland County keeps refusing to grant me one. Not just in this case but another more recent one as well in which Thomas Placey presided. Placey's trial and the prosecutor's actions seemed very illegal to me and I was threatened with IMPRISONMENT for telling my neighbor who was harassing me to"Shut the fuck up!" I had asked for an attorney to represent me along with other paperwork NONE of which he responded to to this day! The trial seemed very corrupt and or illegal to me and since I was being threatened with JAIL TIME my request for an attorney should have been granted and the trial should not have been held. I believe Placey and the Prosecuting attorney were aware of this but I believe they just wanted to see how much they could fuck with my head. 19). 1 tell this court I'm sick from stress and you basically say too bad and do not give me adequate time to recuperate.The one time Judge Masland gave me less time than I requested he actually PUTS ME DOWN in his letter and this causes a person with mental issues like me to become even more fearful and stressed and I shut down more so than I would have if he had not added the snide remarks that he did in writing putting me down! 20). Meanwhile I have to fight Middlesex township police over bogus charges by Cpl. Siebert that couldn't possibly hold up in a court of law but the case is being PUSHED by your illustrious DA's office and Placey all the while denying me evidence and other rights I have asked for prior to the trial. 21). Over the case brought before Placey over which I was threatened by Police Chief Barry Sherman I am in immense fear for my life and well being and between trying to address this case that Masland seems to be handling, the bogus disorderly charges your stupid DA's office was trying to make stick and move out of my home out of fear of police retaliation, as a mentally disabled individual on SSI that is having to deal with immense fear EVERY GOD DAMN TIME I have to think or deal with Cumberland County Court House because of the ILLEGAL trial I had through Edgar Bayley in which he TAMPERED WITH THE JURY"ORDERING"them to find me GUILTY when the jurors were ALL asking for orders to find me innocent after which I was put in your GOD DAMNED cumberland county prison and RAPED and ever since then suffered with PTSD and Disociative Disorder exacerbates my mental symptoms and the nightmares and I am not in a stable state of mind to act as Pro Se and make responses as you guys are expecting and I am requesting an attorney outside of Cumberland County Court House. 22). 1 have to deal with FEAR from that rape incident at CCP that I recently reported to your DETECTIVES! I am getting what feel is a run around. 23). Because I am a victim that was raped in one of your prisons that I was illegally put in I have a problem with YOUR gaurds using their little joy sticks/metal detectors of coming within inches of touching my body and it seems like some of them PURPOSEFULLY make the metal detection machine go off. I MAKE IT A POINT NOT TO HAVE ANYTHING THAT WOULD SET YOUR STUPID MACHINE OFF BECAUSE IT TRAUMATIZES ME TO HAVE THESE MEN WAVE THEIR LITTLE JOY STICK OVER MY PRIVATE PARTS AS IT REMINDS ME OF THE RAPE. I've complained to the Sheriff and all he has to say is the machine is sensitive. I say BULLSHIT because some of them keep their fingers on the button causing the rollers to continue moving well after my item came through their conveyor beltiscanner. I wait till the rollers are done but some of these jerks want me to walk through knowing the scanner can go off while they keep their finger on the button causing the conveyor belt rollers to continue moving. You wouldn't like it if I took my hands and came within an inch or two of your genitals.Well, neither do I especially because uniformed guards were involved in my rape! 24). 1 have to deal with immense fear every day or time I do this paperwork. I have asked for a court appointed lawyer. I am sorry my filings are not to the standards you or my accuser's lawyers would like them to be but this is what you get when you have an intelligent but mentally disabled individual trying to do legal matters, while getting overwhelmed with all the knowledge one must learn as a college law student, on their own after having formally requested an attorney AND have to deal with DAILY NIGHTMARES and FEAR of the court house and it's guards and corrupt judges that could put me in prison because they feel like it even though they have no legal grounds to! 25). 1 have tried to find an attorney but have no cash to pay any of them. 26). 1 have asked this court to issue me an attorney but you have denied me that right. My case against this landlord would benefit others that are being bullied and evicted illegally. 27). Because of the stress this has put me under I have not been able to cook or function or make proper judgments. 28). 1 have been planning on giving a much tidier, neater, package of documents, papers and evidence to Attorney Kathleen Kane's office to investigate NOT JUST PERANO'S UNETHICAL, SLIME BALL, handlings of me and other tenants(I have tenants and former tenants ready to testify) but also the way I have been dealt with UNFAIRLY and ILLEGALLY by some of the judges in Cumberland County that have found me guilty by illegally addressing the jury(Bayley)to the cases I lost when I had valid evidence and witnesses(Masland). I am almost finished with the evidence and documentation which is stored not just on my computer but at a friend's house in USB format and online incase my house should burn down. 29). For a judge to state they believe or take the words of a Middlesex Township Police officer over ME is ludicrous, corrupt or incredibly stupid especially in light of the fact there seems to be a wide spread illegal activity by several of these cops. One of their corporals(Kenny Johnson)was a whore monger and getting sexual favors from prostitutes in order to not press charges against them.Your Middlesex Township Police officers are NOT SAINTS and I have been THREATENED by the police chief and two other pigs. 30). Recently I was threatened by Police Chief Barry Sherman because I am going to be suing the Police Dept.for charging me with disorderly conduct for using obscene language and other incidents where I was threatened or treated inappropriately by officers. I have asked the DA's office and CID Detective Keefer?for a copy of their findings from when the detective asked Sherman what he meant by"If you are going to threaten me...I'm going to threaten you!" but I was denied by the DA's office stating it's private. What he bloody hell? I am supposed to remain in this lousy township and county in fear?On top of that I'm expected to continue with these legal matters in an even more diminished state without legal representation like I've requested earlier?On top of it I'm denied documentation for a case against the pigs at Middlesex Township Police Department? 31). 1 asked your office for time off and Judge Masland who has been the only judge handling this has denied me and even put me down at some point. These type of actions cause a person with PTSD& Dissociative Disorder to severely shut down making it even harder to respond or function. 32). 1 have asked your office for an attorney OUTSIDE of this Courthouse(because I do not believe your attorneys will represent me properly as I am going to be bringing charges against the Prosecutor's office for misconduct as well as the Public Defender's office for INEFECTIVE ASSISATNCE OF COUNCEL)to represent me in this case because I am ENTITLED to be represented by a lawyer in a case where the types of actions this SLUM LORD Frank Perano and his G.S.P. goons are carrying out on the citizens in his mobile home parks are CRIMINAL"AND" I am too mentally disabled to represent myself PROPERLY and need help but Judge Masland has refused such requests. YOUR DA's OFFICE SHOULD BE HANDLING THIS BECAUSE WHAT THIS LANDLORD IS DOING TO ME AND OTHER TENANTS IS CRIMINAL AND ABUSIVE! But I am denied! 33). Once again I am asking for an attorney to represent me outside of this court house and at that a top notch attorney or we can meet for an out of court settlement for everything I have been put through and suffered because of corruption, incompetence, maliciousness and/or something else. 34). Masland is the only judge that I've had any dealings with in this court house in regard to this illegal and retaliatory eviction and am asking that Judge Masland recues himself from this case and have Judge Guido handle it from now on. I have lost two cases before Masland even though I had valid evidence and even witnesses and he's denied an appeal and set me back mentally,financially etc and I do not feel I am or will be getting a fair judgment or trial under Masland. 35). 1 am asking Attorney General Kathleen Kane's office to investigate the 2?trials I've had before Masland in which I've lost, Edgar Bayley's handling of my trial and jury, Prosecutorial misconduct, Public Defender's ineffective assistance of counsel, Days way of running court, etc, etc, etc. My reputation has been sullied and I can't even get a job at a Bath Fitters handing out pamphlets because of the above mentioned and the way Middlesex Police have illegally charged me and what I perceive as illegal trials where justice was not served even though I presented valid, meritorious evidence,witnesses and testimony both at Day's office and at CCCH. 36).That pig/cop that testified he could hear loud music at a street corner was LYING! It's impossible to hear my stereo BLASTED at the stop sign as he claimed he could hear it from! I will be asking Kathleen Kane to investigate that trial as well. 37).After Chief Sherman's threat against me the police or the DA's office upped my charges from Disorderly Conduct for using Obscene language(the words"shut the fuck up"are not obscene. Profane yes, obscene no)to add two more charges that are bogus, made up, bullshit lies that would carry a prison term. I asked Judge Placey for an attorney repeatedly and was denied for an attorney and other properly submitted legal requests via the Clerk of Courts Office. Matter of fact, Placey started the trial out by stating in front several witnesses in the court room that he will take a prison sentence off the table if I agree to do community service after which I LAUGHED IN HIS STUPID FACE and told him I wanted a trial! Seems like he needs an education on the First Amendment trial at the VERY LEAST but in MY OPINION...I think he was THREATENING ME with BULLSHIT to INTIMIDATE ME!!! 38). 1 do not feel comfortable dealing with any other judge handling this case other than Judge Guido who seems to be a just and fair judge. Because I am bringing allegations against and want investigations proceeded by the Attorney General's office to look into how several of the trials I've lost where handled and if it was legal, unethical or even properly handled I am asking Judge Masland to revues himself from handling this case. 39). By Monday, most all of my allegations and assertions will be presented to the attorney General Kathleen Kane in regard to Edgar Bayley's illegal trial,the rape at Cumberland County Prison, the threats made by Middlesex Township Police officer Barry Sherman, threats made by two other officers at Middlesex telling me"Good luck appealing that at District Justice Susan Days office which I took as implying she does not judge cases fairly, cases judged by Susan Day, Masland, Bayley and Placey, the actions of the DA's office, Public Defenders office...the Prosecutors that lied, distorted and manipulated my alleged Welfare Fraud Case committing libel and slander and prevented justice to be served during the trial and appeals process because I DID NOT INTEND TO FRAUD THE WELFARE SYSTEM, (Judge Guido chastised BOTH the PD Shugars and Sodus for even bringing me to court for that case! 40).As a mentally disabled individual that has to deal with immense fear because of the rape in Cumberland County Prison because of what I am alleging to have been an illegal and unfair trial by that piece of shit bully Judge Edgar Bayley I am having major difficulty representing myself in a Court House because of the PTSD and other mental issues along with the issue of having to deal with or fight with many of the participants that are seemingly corrupt, acting illegally or even remotely possibly just plain old stupidly or whatever and their threats, actions and/or incompetence is tremendously effecting me mentally and physically and I am incompacitated because of it. 41). For the record, I'm under tremendous stress because of all of the above mentioned people's actions and am not capable at this time to pursue this case at hand because Police Chief Sherman and Placey have put me in immense fear for my life and well being. Placey said I could go to jail at his trial and there are witnesses that I will subpoena that were at the court house listening to that trial IN CASE the transcribers records are altered to suit the court and not factual...WHICH HAS HAPPENED TO ME WITH OTHER TRANSCRIBED RECORDS AND THIS TOO WILL BE INVESTIGATED! 42). 1 am asking to be assigned an attorney to represent me in this case that does not work for Cumberland County Court House. 43). 1 am asking that judge Guido handle this case from now on. I do not know or trust other judges. For all I know they can be drunken inebriated PIGS like the once head of judges Hoffer presented himself on numerous occasions in a public restaurant that I had worked at and people like the now Judge John Cherry of Dauphin County and MANY others have witnessed. Hoffer has left La Campana inebriated and drove home. DISGUSTING actions for a CCCH judge! 44). Now I'm having to deal with immense fear because this court has not assigned me a lawyer to represent me and a multi millionaire's ruthless attorney is trying to undermine this case. 45). 1 have NOT violated ANY park rules that are ENFORCED UNIFORMLY. FAVORTISM is practiced rampantly throughout the park and I have video and photographic evidence. 46). Each time I received a Park Rules Violation letter and others did not I was threatened with eviction and there are laws against such harassment...also, because they never followed through on the INTIMIDATING threats which ALWAYS put me in fear and prevented me from functioning normally as I'm a mentally disabled individual that has to deal with immense fear and stress from PTSD and I have not been able to flip my house to make a profit which is what I planned on doing but their actions have hampered me from doing that. 47). Their lack of maintaining the premises and creating hazardous conditions have made me lose the use of over 2/3rds of my home for fear hazard trees will fall on my home and kill me, etc. and I had to stop making repairs to the home because I can't resell it in good conscience because of these conditions. 48). Middlesex Township Zoning Officer has not charged the owner with fines to make the place safe and habitable or bothered to do very much to enforce any of the complaints I've brought to his attention numerous times. 49). 1 have NOT been served ANY of the paperwork PROPERLY as required by law by the landlord in regard to park rules violations or evictions.The court needs to review the paperwork submitted. 50). I've paid off the COURT COST FILING FEE which was ILLEGALLY used as an amount I owed for non payment of rent 51). 1 did not owe any back rent at the time of the trial for May 2012 as it was CLEARLY mailed by my bank in a timely manner as the prior 12 months of rent were documented as mailed by PNC Bank's Bill Pay AUTOMATICALLY! 52). Supersedeas is no longer in force as I've paid what I WAS FALSELY ACCUSED OF AND CHARGED TO PAY.As such.... 53). I've countersued and brought charges against Frank Perano, Country Manor West, Scot Fuhrman, GSP Management and John/Jane Does and they are to be considered as plaintiffs and counter defendants and I as a defendant and counter plaintiff in this case. 54). 1 am presenting the corrupt landlord's handling of me and other tenant's to Attorney General Kathleen Kane's office and asking them to investigate that along with my allegations/assertions of the way several of my cases were mishandled by those working at the Cumberland County Courthouse and look into the Middlesex Township Police Departments actions. 55). Because"I WILL WIN"this case"ONE WAY OR ANOTHER"'THROUGH A HIGHER COURT OR OUT OF COURT SETTLEMENT" I am asking that request made by Perano's lawyers to get my escrow money be denied and I am requesting the money I did pay the first month be relinquished to me. I have asked for the money being held at your court house to be relinquished to me before but my request was blown off with no response. 56). 1 apologize for how my letter comes across as angry, hostile, rambling,etc however I am not in a good frame of mind and this is as POLITE as I could make it in the frame of mind this CCCH and it's employees have put me in along with the Middlesex Police, landlord and his goons'actions. I know this is not answering the opposing attorney's legal mumbo jumbo which I am not capable of comprehending or addressing because I am in a severely mentally diminished state and need an attorney to represent me which I have been repeatedly denied. I am submitting copies of everything I have saved at a safe house to Kathleen Kane on Monday or Tuesday at the very latest for her to handle my allegations of corruption and/or incredible ineptness of parties mentioned in this document presented to the Clerk of Courts today April 5, 2013. 57). 1 want two million from Perano and his goons and two million from CCCH. I've lost 17 years of my life because of Cumberland County employees(CCCH &CCP)and two million is a small amount to ask. Perano has been dumping sewage into the water ways of PA from several of his 72 mobile home parks that he owns and supplying contaminated drinking water to several of the mobile home parks tenants to drink, bathe, and clean with and is a low life SCUM and a jury trial will be made aware of just what kind of a slum lord this SCUM is and my lawsuit against him is meant to send a message that he can't mess with people's lives and health as he has...not just with me. 58). 1 have brought up several matters that do not necessarily pertain to this case but I have done so because FIRST I don't know how else to bring it to the attention of those that need to read this that are above the Clerk of Courts and Judges and I want them to look into why I've not gotten an attorney or my requests have been blown off.SECOND because they actually do pertain to this case because I am asking for a FOUR MONTH LEAVE from having to deal with this case so that my traumatized mind which is full of fear and terror and not capable of responding properly or in a timely manner because of the threats, bullshit, improper actions, etc.that I've mentioned above that I've had to deal with...including actions that I believe are inappropriate by the opposing attorneys that I cannot address at this time. 59). The opposing attorneys have brought up numerous times I've not filed or done things properly however I am evoking my rights as a Pro Se in which the court must grant some leeway to how things are filed or addressed or etc. Sincerely, Eva Ordo Pro Se cc. Commisioner Cross, Attorney General Kathleen Kane COUNTRY MANOR WEST, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENN$yL\tANIA, CZ V. G7 EVA ORDO, `_< DEFENDANT 12-2964 CIVIL TERM ORDER OF COURT .' ` .' AND NOW, this day p p of April, 2013, upon review of the 33 paragraph "Motion to REDECT" [sic] filed by pro se Defendant on March 13, 2013 the court notes that most of the statements and requests of Defendant are impertinent. Nevertheless, to clarify matters for the Defendant, we advise her as follows: 1. Defendant's request that the undersigned recuse himself(¶¶20 and 28) is DENIED. 2. Defendant's request for appointed counsel (¶¶4, 11, 12, 18, 19 and 27) is DENIED. 3. Defendant's request for relief with respect to the escrow money (¶ 33) is DENIED. Finally and once again, we DIRECT the Defendant to comply with the Pennsylvania Rules of Civil Procedure. Failure to do so could significantly affect her rights in this action. By the Court, Albert H. Maslan , J. Yun Lee, Esquire 800 West Fourth Street, Suite 200 Williamsport, PA 17701 --t-v-a Ordo, Pro se 72 Cherry Lane Carlisle, PA 17015 :sal (2o cc #.*,14 COUNTRY MANOR WEST, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EVA ORDO, DEFENDANT 12-2964 CIVIL TERM ORDER OF COURT AND NOW, this ��t -day of April, 2013, upon consideration of Plaintiffs Motion for Determination requesting this court to grant the Preliminary Objections to Defendant's counterclaim, the Motion is DENIED without prejudice of either party to list this matter for argument. By the Court, Albert . Mas1a­nd, J. . Yun Lee, Esquire 800 West Fourth Street, Suite 200 Williamsport, PA 17701 Eva Ordo, Pro se 72 Cherry Lane Carlisle, PA 17015 Cn 7� M i�­.7] = :Sal t1IS113 I "D C.11 Z4 PRAECIPE FOR LIST 'CA FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for thLmexq Argument Court.) = CAPTION OF CASE rn -V (entire caption must be stated in full) 6 Country Manor West, Plaintiff -V =C) o VS. Eva Ordo, Defendant No. 12-2964 Civil Term 1. State matter to be argued(i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Preliminary Obpcdorte to Defer4mrs"ComphOnr(Counterclaims) 2. Identify all counsel who will argue cases: (a) for plaintiffs: Yun Lee, Esq. (Name and Address) 800 West Fourth Street, Suite 200, Williamsport, PA 17701 (b) for defendants: Eva Ordo, Pro Se (Name and Address) 72 Cherry Lane, Carlisle, PA 17015 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 10,2013 S19patu'r* rint your name Yun Lee Date: April 10, 2013 Attorney for pkouIX6* INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)before argument 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4.If argument Is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted, IC zq� # -kif A?q dot � t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION Country Manor West, Case No. 12-2964 Civil Plaintiff, V. Eva Ordo Defendant. CERTIFICATE OF SERVICE I,Yun Lee,hereby certify that on April 10, 2013, 1 caused a copy of the Praecipe for Listing Case for Argument to be served via first-class United States mail,postage pre-paid, addressed as follows: Eva Ordo 72 Cherry Lane Carlisle, PA 17015 Yun Lee, Esq. Page 1 of 1 COUNTRY MANOR WEST, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EVA ORDO, DEFENDANT 12-2964 CIVIL TERM ORDER OF COURT AND NOW, this day of April, 2013, upon review of"Defendant Eva Ordo's Motions, Complaints, Rants, Whatever" which she "submitted under duress" because she is "incapacitated according to my doctors and not capable of filing ANYTHING properly and am evoking laws for Pro Se individuals which allow some leeway in how they conduct legal matters as they are not professional lawyers," we ORDER AND DIRECT as follows: 1. Defendant's allegation that her personal information has been "posted online" shall be immediately reviewed by the Prothonotary. If personal identifying information such as the Defendant's social security number has been posted by the Prothonotary's Office, the Office shall immediately redact or remove such information. 2. With respect to the Defendant's plea for"leeway," this court has already granted her substantial leeway with respect to her previous filings. The present filing fails to comply not only with procedural rules but with any sense of civility. In light of the Defendant's disdain for this court, and in the hope of dissolving her false impression that by proceeding pro se she need not comply with procedural requirements, we enlist the support of the United States Supreme Court, who explained: The right of self-representation is not a license to abuse the dignity of the courtroom. Neither is it a license not to comply with relevant rules of procedural and substantive law. Farretta v. California, 422 U.S. 806, 834 n.46, 95 S.Ct. 2525, 2540 n.46, 45 L.Ed.2d 562, 581 n.46 (1975). 3. Profanity laced pleadings will henceforth be stricken from the record. By the Court, Albert H. Masland, J. Z- YunLee, Esquire 800 West Fourth Street, Suite 200 Williamsport, PA 17701 Eva Ordo, Pro se �y 72 Cherry Lane C- Carlisle, PA 17015 :sal .,ter....., COUNTRY MANOR WEST, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EVA ORDO, DEFENDANT 12-2964 CIVIL TERM IN RE: PLAINTIFF'S PRELIMINARY OBJECTIONS BEFORE EBERT, J., MASLAND, J. AND PECK, J. ORDER OF COURT AND NOW, this day of May, 2013, following argument on Plaintiff's Preliminary Objections to Defendant's Counterclaim (which Defendant styled as her "Complaint") the Preliminary Objections are SUSTAINED and Defendant's Counterclaim is DISMISSED. By the Court, Albert H. Masland, J. � �Yun Lee, Esquire 800 West Fourth Street, Suite 200 Williamsport, PA 17701 �a Ordo, Pro se 72 Cherry Lane Carlisle, PA 17015 c- :sal c COPPI-M fes /'CgtLL Q S'1 IC> /3 o-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Country Manor West, : Case No. 12-2964 Civil czn 14;co ri Plaintiff, =1-1-1 - r • r- •Eva Ordo =' Defendant. MOTION FOR SANCTIONS Plaintiff Country Manor West files this Motion for Sanctions against Defendant Eva Ordo for failure to comply with an Order issued on March 8, 2013, by Judge Albert L. Masland. In support of its Motion, Country Manor West avers as follows: 1. The plaintiff in the above referenced action is Country Manor West. 2. Country Manor West owns and operates the Country Manor West Mobile Home Park ("Park"). 3. The defendant in the above referenced action is Eva Ordo ("Ms. Ordo"). 4. Ms. Ordo owns a mobile home ("Home")placed on Lot No. 072 ("Lot") in the Park. 5. Ms. Ordo rents the Lot from Country Manor West. 6. The monthly rent for the Lot is $371.00 per month, due on or before the first of each month. 7. On March 12, 2012, Country Manor West commenced a landlord and tenant action with the Magisterial District Court as a result of Ms. Ordo's violations of the Park's rules and regulations. Page 5 of 10 8. Country Manor West prevailed in the landlord and tenant action in the Magisterial District Court. 9. On May 18, 2012, Ms. Ordo filed an appeal from the judgment of the Magisterial District Court. 10. On June 4, 2012, in accordance with Pa. R.C.P.D.J. No. 1004B and in response to Ms. Ordo's appeal of the Magisterial Court's Judgment, Country Manor West filed the complaint in this matter. 11. In its Complaint, Country Manor West seeks possession of the Lot and any unpaid rent from Ms. Ordo at the rate of$371.00 per month, plus late fees, interest, costs, and any other relief the court deems fair and reasonable. 12. From May 18, 2012 to the present day, Ms. Ordo retains actual possession and use of the Lot. 13. On June 5, 2012, Ms. Ordo deposited $371.00 into the escrow fund with the Prothonotary as monthly rent for June 2012 in accordance with Pa. R.C.P.D.J. No. 1008. 14. However, from June 6, 2012 to the present day, Ms. Ordo failed to deposit the monthly rent for the Lot with the Prothonotary according to Pa. R.C.P.D.J. No. 1008. 15. Ms. Ordo, in her July 18, 2012 Answer,New matter and Counterclaim, claimed that she was escrowing the Lot rent to her own PNC Bank account. 16. Pursuant to Pa. R.C.P.D.J. No. 1008, in the event Ms. Ordo failed to make monthly rent payments to the Prothonotary, the supersedeas would be terminated. 17. On September 5, 2012, Country Manor West filed a Praecipe to Terminate the Supersedeas with the Prothonotary. 18. On September 7, 2012, the Prothonotary terminated the supersedeas. 19. From September 7, 2012 to the present day, Ms. Ordo remains in violation of Pa. R.C.P.D.J.No. 1008. Page 6 of 10 20. On March 6, 2013, Country Manor West filed a Motion for Release of Escrow Funds and Termination of Supersedeas. 21. On March 8, 2013, the Court granted Country Manor West's Motion for Release of Escrow Funds and Termination of Supersedeas and ordered Ms. Ordo to: a. Release and pay $3,710.00 (the monthly rent from July 2012 to March 2013)1 on deposit in Defendant Ordo's PNC Bank account to Plaintiff Country Manor West; and b. Deposit $371.00 on a continuing monthly basis with the Prothonotary while the appeal is pending. 22. From March 8, 2013 to the present day, Ms. Ordo has failed to pay $3,339.00 (the monthly rent from July 2012 to March 2013)to Country Manor West. 23. From March 8, 2013 to the present day, Ms. Ordo failed to deposit $742.00 (the monthly rent for April and May 2013)to the Prothonotary. 24. Ms. Ordo has willfully and in bad faith refused to comply with this Court's March 8, 2013 Order. 25. Country Manor West respectfully request the Court to: a. Terminate the supersedeas and order possession of the Lot to Country Manor West as a result of Ms. Ordo's continued failure to escrow rent pursuant to Pa. R.C.P.D.J. No. 1008 and failure to comply with the Court's March 8, 2013 Order; and b. Order Ms. Ordo to pay the monthly rent from July 2012 to May 2013 (a total amount of$4,081.00)to Country Manor West within 5 days of the Court's order. 26. In the alternative, Country Manor West respectfully requests the Court to: 1 Country Manor West made a mathematical error. On the proposed Order,Country Manor West listed monthly rent from July 2012 to March 2013 to be$3,710.00. The correct amount should be$3,339.00. Page 7of10 a. Order Ms. Ordo to pay the monthly rent from July 2012 to May 2013 (a total amount of$4,081.00)to Country Manor West within 5 days of the Court's order; and b. Include in its Order that, if Ms. Ordo fails to pay the monthly rent from July 2012 to May 2013 within 5 days of the Court's order, Country Manor West is granted possession of the Lot pursuant to Pa. R.C.P.D.J. No. 1008. WHEREFORE, Plaintiff Country Manor West respectfully requests that the Court: a. Grant this Motion for Sanctions; b. Terminate the supersedeas and grant possession of the Lot to Country Manor West pursuant to Pa. R.C.P.D.J. No. 1008; c. Order Ms. Ordo to pay the monthly rent from July 2012 to May 2013 (a total amount of$4,081.00)to Country Manor West within 5 days of the order. In the alternative, Country Manor West respectfully requests that the Court: a. Grant this Motion for Sanctions; b. Order Ms. Ordo to pay the monthly rent from July 2012 to May 2013 (a total amount of$4,081.00) to Country Manor West within 5 days of the order; c. Grant possession of the Lot to Country Manor West pursuant to Pa. R.C.P.D.J. No. 1008 if Ms. Ordo fails to pay the monthly rent from July 2012 to May 2013 (a total amount of$4,081.00) to Country Manor West within 5 days of the order. Page 8of10 Respectfully submitted, RHG Management Co. Yun Lee Attorney I.D. No. 312656 800 West Fourth Street, Suite 200 Williamsport, PA 17701 Phone: (570) 567-7411 Dated: May I(-,, 2013 Page 9 of 10 CERTIFICATE OF SERVICE I, Yun Lee, hereby certify that on May f L, , 2013, I caused a copy of the foregoing document to be served via first-class United States mail, postage pre-paid, addressed as follows: Eva Ordo 72 Cherry Lane Carlisle,PA 17015 Yun Lee, Esq. Page 10 of 10 COUNTRY MANOR WEST, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EVA ORDO, DEFENDANT 12-2964 CIVIL TERM ORDER OF COURT AND NOW, this 3 004� day of May, 2013, upon consideration of Plaintiff's Motion for Sanctions, IT IS HEREBY ORDERED that: 1. A rule is issued upon Defendant to show cause why the requested relief should not be granted; 2. The Defendant shall file an answer to the Motion within twenty-one (21) days of this date; 3. The Motion shall be decided under Pa.R.C.P. 206.7; 4. Argument shall be held on Monday, July 1, 2013, at 11:00 a.m., in Courtroom Number 1; 5. Notice of the entry of this order shall be provided to the Defendant by the Plaintiff. By the Court, Albert H. Masland, J. ✓Yun Lee, Esquire 800 West Fourth Street, Suite 200 Williamsport, PA 17701 ,> rn va Ordo, Pro se �f- 72 Cherry Lane Carlisle, PA 17015 :sal CD 7a7/1 c r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Country Manor West, Case No. 12-2964 Civil Z Plaintiff, n;;o _'C -< w 3 c, c.. V. ., C) _.. Eva Ordo Defendant. CERTIFICATE OF SERVICE I,Yuri Lee, hereby certify that on May 30, 2013, I caused a copy of the attached Order of Court to be served on via first-class United States mail, postage pre-paid, addressed as follows: Eva Ordo 72 Cherry Lane Carlisle, PA 17015 Yuri Lee, Esq. Page 1 of 2 IV 1 +r 1 CERTIFICATE OF SERVICE I, Yun Lee, hereby certify that on May 30, 2013, 1 caused a copy of the foregoing document to be served via first-class United States mail,postage pre-paid, addressed as follows: Eva Ordo 72 Cherry Lane Carlisle, PA 17015 Yun Lee, Esq. Page 2 of 2 RECEIVED MAY 2 9 2013 COUNTRY MANOR WEST, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EVA ORDO, DEFENDANT 12-2964 CIVIL TERM ORDER OF COURT AND NOW, this 0 3 ex day of May, 2013, upon consideration of Plaintiff's Motion for Sanctions, IT IS HEREBY ORDERED that- 1. A rule is issued upon Defendant to show cause why the requested relief should not be granted; 2. The Defendant shall file an answer to the Motion within twenty-one (21) days of this date; 3. The Motion shall be decided under Pa.R.C.P. 206.7; 4. Argument shall be held on Monday, July 1, 2013, at 11:00 a.m., in Courtroom Number 1; 5. Notice of the entry of this order shall be provided to the Defendant by the Plaintiff. By the Court, Albert H. Masland, J. Yun Lee, Esquire 800 West Fourth Street, Suite 200 Williamsport, PA 17701 r✓}�_ P-0 Eva Ordo, Pro se �= 72 Cherry Lane f. Carlisle, PA 17015 :sal ;:� _ IN THE COURT OF COMMON PLEASE��iOF. CUMBERLAND COUNTY, PENNSYLVANIJH� PROTHONOTA.R'� 2013 JUN 14 PH 4: 29. NO. 12-2964 CIVIL TERM COMBERLAND COUNTY PE-NNSYLYANiA PETITION FOR THE APPOINTMENT OF COUNSEL IN A CIVIL ACTION and/or EXTENSION OF TIME TO FILE RECENTLY REQUESTED DOCUMENTS WHICH WERE DUE TODAY JUNE 13.2013 The petitioner respectfully represents and petitions the court as follows: 1. Petitioner is Eva Ordo who resides at 72 Cherry Lane, Carlisle, Pa 17015 and is the defendant in the above entitled action. 2. After having gathered all bills and receipts(medical,utilities, etc) and legal documents into one large box and pulled all statutes, laws and cases together along with evidence Opg pictures and video tapes) into three folders on the computer and on USB Memory Sticks, Eva Ordo has become incapacitated Friday morning 6-13-2013 and not capable of finalizing the legal documents, evidence or forms, etc. in a manner being requested without legal assistance or some sort of help because she is now overcome with terror and fear and not able to read or comprehend much of the items because her Dissociative Disorder and PTSD and other mental symptoms that she is handicapped with are so severe that she is paralyzed and incapable of doing this task and needs a lawyer to represent her or at the very least 7 additional days from today,June 13, 2013 to file something as close to the legal standard the court is expecting(given her mental state and Pro Se status)without the assistance of an attorney or legal aid that someone with her mental disabilities which are currently exacerbated due to situations beyond her control should be handling. 3. That this is an action for Appointment of Counsel In Forma Pauperis as I am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 4.That this is an action for Extension of Time to File Paperwork that was to have been filed today June 13, 2013. 5. That this is a civil action which may lead to the deprivation of substantial rights of the petitioner and thus raises due process and equal protection questions where by the petitioner is entitled to the assignment of counsel or at the very least an Extension of Time. 6. That the petitioner is, for financial reasons,unable to obtain counsel to represent him/her in this action as the petitioner does not have sufficient income or assets to hire counsel nor does petitioner have the ability to borrow money or obtain gifts from relatives, friends, or otherwise in order to hire counsel. 7. Petitioner is receiving Public Assistance. 8. I agree that I have a continuing obligation to inform the Court and my court appointed counsel of any improvement in my financial circumstances which then may enable me to pay attorney's fees. WHEREFORE,petitioner respectfully requests that this court appoint and assign counsel to represent her in this action. Date: June 12013 Eva Ordo VERIFICATION I, Eva Ordo, verify that the statements made in this petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. Date: June 13, 2013 Eva Ordo COUNTRY MANOR WEST, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EVA ORDO, DEFENDANT 12-2964 CIVIL TERM ORDER OF COURT AND NOW, this -day of June, 2013, upon consideration of Defendant's "Petition for the Appointment of Counsel in a Civil Action and/or Extension of Time to File Recently Requested Documents which were due today June 13, 2013," which was filed at 4:29 p.m. on June 14, 2013, we DENY the requested relief. As we have repeatedly informed the Defendant, she is not entitled to the appointment of counsel in this case. Regarding the extension of time to file an answer to Plaintiffs Motion for Sanctions, we note that argument on that Motion is scheduled for Monday, July 1, 2013 at 11:00 a.m., in Courtroom Number 1. If Defendant is able to file an answer by that date, we will accord it all due consideration. By the Court, Albert H. Maslan6, J. ryi C= /y/un Lee, Esquire 800 West Fourth Street, Suite 200 Williamsport, PA 17791 221 5c:: va Ordo, Pro sell 72 Cherry Lane Carlisle, PA 17015 :sal COUNTRY MANOR WEST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW EVA ORDO, • Defendant NO. 12-2964 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of July, 2013 , upon consideration of plaintiff ' s motion for sanctions, in the absence of an answer by the defendant , however, after argument by the defendant and the plaintiff in court on this date, we hereby issue the following order: 1 . Plaintiff ' s motion for sanctions is granted. 2 . Defendant shall release and pay the sum of $4 , 823 . 00 (the monthly rent from July 2012 to July 2013) to plaintiff by the close of business on Monday, July 15, 2013 . 3 . If the defendant fails to pay the aforesaid sum to plaintiff by the close of business on July 15, 2013 , the supersedeas in this action will be terminated, and plaintiff will be granted possession of the lot at 72 Cherry Lane, Lot 072 , Carlisle, Pennsylvania, 17015 . A copy of this order shall be filed with the Prothonotary and delivered to plaintiff and defendant at their addresses of record with the court . By the Court , Albert H. M as '!' J. Yun Lee, Esquire -,. ' For Plaintiff rnt . -! Zrn C r'?_ . Eva Ordo, pro se ccnnr- t 7 723—r' 72 Cherry Lane, Lot 072 i..._ tV C , Carlisle, PA 17015 G� : prs D c eC r'es '' z cp 7/211/.3 1