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HomeMy WebLinkAbout12-3165COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT ?UYYI b t°r 62 Ca I COMMON PLEAS No. 1a - 3 i (o!5 Q;VaTem 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 - - - MAG. DIST. NO. owe ur u.r. Shawn A o • f)'??It`ssa G?,Gla?al Oa-3- Pq flat,'. ?? ?orred?? ADDRESS OF APPELLANT CITY tt STATE ZIP CODE I ?- u?ua tfe 4t5?? Qq Lao t6 DATE OF JUDGMFJT IN THE CASE OF (PA ON) J M--r- or-304 -- L-T 00000,5,;L - go /,9, This block will be signed ONLY when this rotation 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. "' , ?:.?QQ 01cA SgnNUre d F?dhorwtery orDiOW If appellant was Claimant (see Pa: R/C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 L46 S " f appellee(s), to file a complaint in this appeal V Name of appease(s) (Common Pleas No. la-3145 81vdreM ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 7ure of a lam oraNomey or agent RULE: To appellee(s) Name of appease(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: M04 18 , 20/A Signature of Prothonotary oNCR r Deputy -T 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 _ ATM; {1. ..i.... ILt?.'0-UCF FEE PRO I.? t ON; 2012 MAY 18 PM 2: 2, CUMBERLAND COUNT'S' PENNSYLVANIA +F P w4g34457Yb a eo, a'1 S`4 (f ;L PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on .20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom afrdevit was made Title of official Signature of affiant My commission expires on , 20 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Paula P. Correal Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Melissa Wyland 116 Virginia Beach Avenue Carlisle, PA 17015 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Disposition Summary Notice of Judgment/Transcript Residential Lease Docket No Plaintiff Defendant MJ-09304-LT-0000052-2012 Leiby's M.H.C. Shawn Rupp MJ-09304-LT-0000052-2012 Leiby's M.H.C. Melissa Wyland Judgment Summary Participant Joint/Several Liability Individual Liability Leiby's M.H.C. $0.00 $0.00 Melissa Wyland $851.47 $0.00 Shawn Rupp $851.47 $0.00 Leiby's M.H.C. V. Shawn Rupp, Melissa Wyland Docket No: MJ-09304-LT-0000052-2012 Case Filed: 5/1/2012 Yes No Disposition Disposition Date Judgment for Plaintiff 05/08/2012 Judgment for Plaintiff 05/08/2012 Amount $0.00 $851.47 $851.47 Judgment Detail ("Post Judgment) In the matter of Leiby's M.H.C. vs. Shawn Rupp; Melissa Wyland on 5/08/2012 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $345.00 Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $706.60 $0.00 $706.60 Filing Fees $95.50 $0.00 $95.50 Server Fees $39.37 $0.00 $39.37 Costs $10.00 $0.00 $10.00 Grand Total; $851.47 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 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: 05/09/2012 9:28:28AM a? Leiby's M.H.C. V. Shawn Rupp, Melissa Wyland Date Se Docket No.: MJ-09304-LT-0000052-2012 ,e ;o? m?en iv s?; g 3."?iP nior Magisterial District Judge Paula P. Correalt,." =µ «?" certify a is is a rue an correct copy o the record of the proceedings containing the judgment. Date Magisterial District Judge 1 ?a MDJS 315A Page 2 of 3 Printed: 05/09/2012 9:28:28AM Leiby's M.H.C. V. Shawn Rupp, Melissa Wyland Participant List Plaintiff(s) Leiby's M.H.C. 7075 Carlisle Pike Carlisle, PA 17015 Defendant(s) Shawn Rupp 116 Virginia Beach Avenue Carlisle, PA 17015 Melissa Wyland 116 Virginia Beach Avenue Carlisle, PA 17015 Docket No.: MJ-09304-LT-0000052-2012 MDJS 315A Page 3 of 3 Printed: 05/09/2012 9:28:28AM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS County Of CUMBERLAND PLAINTIFF: NAME and ADDRESS ?car lis`r? vs. DEFENDANT: NAME and ADDRESS TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) 1, cRe, he(?;sa, W [a-o- I (print name and address here), l [C? v rgaltio e0_6. ko e 'Car- isle a C-7-016- 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 heml6avenot 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 authon ' s. os- I s- la ?. ,,_. Date SIGNATURE OF T ANT OD AOPC 312-08 (B) Leiby's M.H.C. : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2012- 71 U CIVIL TERM Shawn Rupp and Melissa Wyland rniCo =r. . " DEFENDANTS : CIVIL ACTIONf -c' CO PRAECIPE TO PROCEED IN FORMA PAUPERIS C- ; _ To the Prothonotary: r Kindly allow Shawn Rupp and Mellisa Wyland, Defendants, to Proceed in forma pauperis. I, Amy Hirakis, attorney assisting the party proceeding in forma pauperis file in filing their Notice of Appeal pro se, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Respectfully, MIDPENN LEGAL SERVICES Date: J' 10 -,2o /,;-7 Amy Attorn# 310094 401 E. outher Street, Ste 103 Carlisle, PA 17013 (717) 243-9400, Ext. 2513 u7 .. M L co ED: _ =- ---- `n r- - C M Return receipt t F ofi(mark (Endcrsemer Require, ` ?. Zl°a_& I' ro ru Lr) aD E-_3 Postag R 1 $ Certified Fee O C3 Retum Receipt Fee C3 (Endorsement Required) Z, 9Z? > Z 7 `? ; (n N Here O - - -- --- ~ `v .?? rYl Restricted Delivery Fee : ` Restricted C,e rvery F= (Endorsement Reouired) (Endorsen Require -- - - Total Postage & Fee- Total Post,ge F er --- o6Yf 0Y 6?P ?R ?lt"4 _fe rsr,? - f Sent To Sent TO Street. Apt No•; f /fa ?I 8ox / `_.._. Street, Apt N0-;6'2,b- -------------------- p Z. O or P0 or PO BOX No. / rr! hd U R Rot, S ' ??D. _ r ----------------- Ct?07 r?.s .._.-_- .. ??i - city /rh ziY+ t -4b ( -P? l 70 5.0 ' ry St t ZIP+4 A / 7 0 / S" PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF FjENN$YLVA? COUNTY OF f ' , & .`(Q n ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served Ar- a copy of the Notice of Appeal, Common Pleas 1,2,34 s, upon the District Justice designated therein on (date of service) IYLIj as _, 201, ? by personal service Wby (certified) (registered) mail, sender's receipt attac ed hereto, and upon the appellee, (name) Gi )D t /n. on 20 ?? ? by personal service by (certified) (registered) mail: sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS - ? DAY OF - Ala-u 20 /-- N Signature of a/fiant Signature of offici before whom affidavit was made Title of official - My commission expires on 20. C ' r! z y" !rrr xm (nr- -< M -<3> tV c11 C a t ?f?ilr??11 r-M p rM:. Z-4 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. =w s w_ `.i i 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. • ••••••••••• IWNC V1' V.J. t? , .. i iADDRESS OF APPEIJWT CITY STATE ZIP CODE DATE OF JUDGM FJIT IN THE CASE OF (P Wi0) 3.30 i6 Y - ?"- DOCKET Nb, P17-3: 09 -5 4 - L' This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. siyrrarrr. of Pranonafiry or Deputy ,n Was Clairnarit Isee Pa. WC_P-D J_ Arm Innitai in -tr- before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after tiling 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 appellee(s), to file a complaint in this appeal Name of apWae(s) (Common Pleas No. 3i6 Li vi 17el` lf) )within twenty (20) days after service of rule or suffer entry of judgment of non pros. ye- oi? ,?1 , / n rwe of appe//anf or atrwnsy m agar RULE: To Le t`/S J/, /t r /' appellee(s) Name of appedee(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 personol service or by codified or registered mail. 4 _ (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY 961WEWED -yiW.,,(3) The date o[sQrAice of this rule if service was by mail is the date of the mailing. Date: , '' riaj .•? . A L# i 1 i 43? sotatue of prod) o xoq or DYpaty Y U IN? A COPY OF THE NOTICE OF JUUDGMENT/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 Tn RF SFRVFn MJ eoDCI i rc r_nrn Andrew C. Sheely, Esquire 127 S. Market street P.O. Box 95 Mechanicsburg, PA 17055, PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff vs. SHAWN RUPP, an adult individual, and MELISSA WYLAND, an adult individual, Defendants IN THE COURT OF COMMON PLEAS OF,_, CUMBERLAND COUNTY, PENNSYTXA=A_, 12 - 3165 CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 7013 (717) 249-3166,,° By: A W C. SHEELY, E ire Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff VS. SHAWN RUPP, an adult individual, and MELISSA WYLAND, an adult individual, Defendants Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 12 - 3165 CIVIL ACTION - LAW COMPLAINT Plaintiff, LEIBY'S MHC, LLC, t/a and d/b/a LEIBY'S MOBILE HOME PARK, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint and respectfully states as follows: 1. Plaintiff is LEIBY'S MHC, LLC, t/a and d/b/a LEIBY'S MOBILE HOME PARK (hereinafter referred to as "Plaintiff") with a duly recorded fictitious name and with a place of business at 7073 - 7075 Carlisle Pike, Carlisle, PA 17015. 2. Defendant Shawn Rupp (hereinafter referred to as "Defendant Rupp") is an adult individual with a last known address of 116 Virginia Beach Avenue, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Defendant Melissa Wyland (hereinafter referred to as "Defendant Wyland") is an adult individual with a last known address of 116 Virginia Beach Avenue, Carlisle, Cumberland County, Pennsylvania, 17015. 4. Plaintiff is the owner of real property and manufactured home community known as Leiby's MHC located at '1073 - 7075 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff believes and therefore avers that Defendant Rupp and Defendant Wyland are the owners of a manufactured home currently located at 116 Virginia Beach Avenue, Carlisle, Cumberland County, Pennsylvania and on lands owned by Plaintiff. 6. Plaintiff and Defendants are parties to a written lease agreement and rules and regulations dated June 30, 2009, a copy of such lease is attached hereto as Exhibit "A". 7. The written lease, rules and regulations require that Defendants pay a monthly lot rent of $335.00, an additional $21.00 per month for additional occupants, a monthly trash collection fee of $10.00, together with monthly water and sewer bills determined on a usage basis 8. Throughout the months of April, May and June of 2012, Defendants failed to pay full lot rents equaling $1,098, late fees equaling $150.00, water usage fees of $76.50 and sewer usage fees of $59.12 resulting in a total payment due Plaintiff in the amount of One Thousand four hundred thirteen dollars and sixty seven cents ($1,413.67), less a credit of $240.00 for payments made 9. Defendants presently owe Plaintiff a total of one Thousand One Hundred Eighty Two Dollars and seventy-seven cents ($1,182.77). 10. After repeated demands, Defendants refuse to make agreed payments for lot rent, water and sewer bills as outlined above. 11. At various times since residing in Plaintiff's manufactured community, Defendants have caused the installation of various landscape materials and planting of trees and shrubs upon Defendants' leased lot, including parts of other lots used by other residents in violation of the lease agreement, rules and regulations outlined above. 12. Specifically, during the term of the lease, Defendants caused the installation of a pond, various trees, decorative stone, pumps and other materials on Plaintiff's property without Plaintiff's consent. 13. Paragraph 9 of the lease agreement and Rules 5, 6 and 7 (I) prohibit digging holes, landscaping activities and tree or shrub plantings without the consent of Plaintiff. 14. Paragraph 9 of the lease agreement requires that Defendants maintain the lot in a neat and attractive manner. 15. Paragraph 6 of the lease agreement prohibits alterations, additions or improvements on any space without the consent of Plaintiff. 16. Defendants installation of various landscape materials, pond, water facilities, decorative trees, on 3 Defendants lot and adjacent lots were completed without Plaintiff's consent and in violation of the lease agreement and community standards, rules and regulations. 17. Plaintiff provided notices to Defendants on March 3, 2012 and April 4, 2012 advising Defendants that Defendants violated the community standards, rules and regulations. 18. Defendants have failed to correct or remedy the violations set forth herein prior to the filing of the instant action. 19. Defendants actions demonstrate a disregard of the community standards, rules, regulations and lease agreement thereby creating a dangerous and unauthorized modification to lands of Plaintiff. 20. Plaintiff is entitled to possession of the lot known as 116 Virginia Avenue, Carlisle, Pennsylvania 17015 as a result of Defendants failure to comply with the terms of the lease agreement, community standards, rules and regulations and Plaintiff desires to terminate the lease agreement with Defendant Rupp. COUNT 1. - EJECTMENT Plaintiff v. Defendant Rupp 21. Paragraphs 1 - 20 are hereby incorporated herein as if set forth at length. 22. Defendant Rupp is using Plaintiff's property to live, j Y store and maintain the above-referenced manufactured home in disregard of the lease, community standards, rules and regulations. 23. Defendant Rupp has refused to comply with the lease agreement, rules and regulations tendered by Plaintiff to permit Defendant Rupp's lawful and reasonable occupation of the lot in the Plaintiff's manufactured home community. 24. Plaintiff no longer desires to permit or allow Defendant Rupp to use Plaintiff's real property and Defendant Rupp continues to unjustly retain and improperly use Plaintiff's real property in a dangerous and unauthorized manner. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment for ejectment in favor of Plaintiff against Defendant Rupp and direct that Defendant Rupp immediately remove the manufactured home and Defendant's personal property from Plaintiff's property, plus costs. COUNT 2. - CIVIL TRESPASS Plaintiff v. Defendant Rupp 25. Paragraphs 1 - 24 are hereby incorporated herein as if set forth at length. 26. Defendant Rupp has refused to pay reasonable monthly lot rents, sewer charges, late fees and water charges from April 2012 through the date of filing this complaint. 27. As a result of continually maintaining the manufactured 5 home on 116 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania on lands owned by Plaintiff, Defendant Rupp has deprived Plaintiff of the full use and enjoyment of Plaintiff's property. 28. As a result of continually maintaining the manufactured home at 116 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania and damaging Plaintiff's lands through the unauthorized installation of landscape materials, stone, water, ponds, pumps and other trees, Defendant Rupp has damaged Plaintiff's property in the amount of two thousand two hundred fifty dollars ($2,250.00). 29. Defendant Rupp has no lawful right to store, live in or maintain the manufactured home on Plaintiff's property in violation of current lease agreement, rules and regulations. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant Rupp for money damages and lost profits in an amount of One Thousand One Hundred Eighty Two Dollars and seventy-seven cents ($1,182.77) and an amount of two thousand two hundred fifty dollars ($2,250.00) for damages to the property, amounts requiring compulsory arbitration, together with costs of this action, and accruing monthly lot rents, charges and fees thereafter. 6 COUNT 3. - UNJUST ENRICHMENT Plaintiff v. Defendant Rupp 30. Paragraphs 1 - 29 are hereby incorporated herein as if set forth at length. 31. Defendant Rupp has been unjustly enriched in the amount of one thousand One Hundred Eighty Two Dollars and seventy-seven cents ($1,182.77) for failing to pay Plaintiff reasonable lot rent and late fees, and by using water, trash and sewer services provided by Plaintiff. 32. Defendant Rupp has received benefit from his failure to pay the agreed upon amounts for lot rent, late fees, water, sewage and trash services to the detriment of Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of. Plaintiff and against Defendant Rupp in the amount of One Thousand One Hundred Eighty Two Dollars and seventy-seven cents ($1,182.77), amounts requiring compulsory arbitration, together with costs of this action, and accruing monthly lot rents, charges and fees thereafter. COUNT 4. - BREACH OF AGREEMENT Plaintiff v. Defendant Rupp 33. Paragraphs 1 - 32 are hereby incorporated herein as if set forth at length. 34. Defendant Rupp has failed to pay required lot rents, 7 trash, late payment fees, sewer, and water charges in accordance with the lease agreement since April of 2012. 35. Defendant Rupp has failed to comply with the lease agreement, community standards, rules and regulations of Plaintiff and damaged Plaintiff's property without Plaintiff's consent. 36. Plaintiff desires to terminate the lease agreement as a result of Defendant Rupp's violations and breach of lease agreement as set forth herein. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant Rupp for money damages and lost profits in the amount of One Thousand One Hundred Eighty Two Dollars and seventy-seven cents ($1,182.77), and an amount of two thousand two hundred fifty dollars ($2,250.00), for damages to the property, amounts requiring compulsory arbitration, together with costs of this action, and accruing monthly lot rents, charges and fees thereafter, together with any and all other just relief including evicting or ejecting Defendant Rupp from the community. COUNT 5. - EJECTMENT Plaintiff v. Defendant Wyland 37. Paragraphs 1 - 36 are incorporated herein as if set forth at length. 8 38. Defendant Wyland is using Plaintiff's property to live, store and maintain the above-referenced manufactured home in disregard of the lease, community standards, rules and regulations. 39. Defendant Wyland has refused to comply with the lease agreement, rules and regulations tendered by Plaintiff to permit Defendant Wyland's lawful and reasonable occupation of the lot in the Plaintiff's manufactured home community. 40. Plaintiff no longer desires to permit or allow Defendant Wyland to use Plaintiff's real property and Defendant Wyland continues to unjustly retain and improperly use Plaintiff's real property in a dangerous and unauthorized manner. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment for ejectment in favor of Plaintiff against Defendant Wyland and direct that Defendant Wyland immediately remove the manufactured home and Defendant Wyland's personal property from Plaintiff's property, plus costs. COUNT 6. - CIVIL TRESPASS Plaintiff v. Defendant Wyland 41. Paragraphs 1 - 40 are hereby incorporated herein as if set forth at length. 42. Defendant Wyland has refused to pay reasonable monthly 9 lot rents, sewer charges, late fees and water charges from April 2012 through the date of filing this complaint. 43. As a result of continually maintaining the manufactured home on 116 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania and on lands owned by Plaintiff, Defendant Wyland has deprived Plaintiff of the full use and enjoyment of Plaintiff's property. 44. As a result of the unauthorized installation of landscape materials, stone, water, ponds, pumps and other trees, Defendant Wyland has damaged Plaintiff's property in the amount of two thousand two hundred fifty dollars ($2,250.00). 45. Defendant Wyland has no lawful right to store, live in or maintain the manufactured home on Plaintiff's property in violation of current lease agreement, rules and regulations. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant Wyland for money damages and lost profits in an amount of One Thousand One Hundred Eighty Two Dollars and seventy-seven cents ($1,182.77), and an amount of two thousand two hundred fifty dollars ($2,250.00) for damages to the real property, amounts requiring compulsory arbitration, together with costs of this action, and accruing monthly lot rents, charges and fees thereafter. 10 COUNT 7. - UNJUST ENRICHMENT Plaintiff V. Defendant Wyland 46. Paragraphs 1 - 45 are hereby incorporated herein as if set forth at length. 47. Defendant Wyland has been unjustly enriched in the amount of one thousand One Hundred Eighty Two Dollars and seventy-seven cents ($1,182.77) for failing to pay Plaintiff reasonable lot rent and late fees, and by using water, trash and sewer services provided by Plaintiff. 48. Defendant Wyland has been unjustly enriched in the amount of one thousand One Thousand One Hundred Eighty Two Dollars and seventy-seven cents ($1,182.77) and accruing monthly lot rents, charges and fees thereafter, to the detriment of Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant Wyland for money damages and lost profits in an amount of One Thousand One Hundred Eighty Two Dollars and seventy-seven cents ($1,182.77), and an amount of two thousand two hundred fifty dollars ($2,250.00) for damages to the real property, amounts requiring compulsory arbitration, together with costs of this action, and accruing monthly lot rents, charges and fees thereafter. it COUNT 8. - BREACH OF AGREEMENT Plaintiff v. Defendant Wyland 49. Paragraphs 1 - 48 are hereby incorporated herein as if set forth at length. 50. Defendant Wyland has failed to pay required lot rents, trash, late payment fees, sewer, and water charges in accordance with the lease agreement since April of 2012. 51. Defendant Wyland has failed to comply with the lease agreement, community standards, rules and regulations of Plaintiff and damaged Plaintiff's property. 52. Plaintiff desires to terminate the lease agreement as a result of Defendant Wyland's violations of the lease and rules as set forth herein. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant Wyland for money damages and lost profits in an amount of One Thousand One Hundred Eighty Two Dollars and seventy-seven cents ($1,182.77), and an amount of two thousand two hundred fifty dollars ($2,250.00) for damages to the real property, amounts requiring compulsory arbitration, together with costs of this action, and accruing monthly lot rents, charges and fees thereafter, together with any and all other just relief including evicting or ejecting Defendant Wyland from the community. 12 Respectfully submitted, Date: June 7 , 2012 Anfdrew C. Sheel , Esqu' e Attorney for Plain i f Leiby's MHC, LLC 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 13 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. -7- DATE : June 7 2 012 /I-- t Zh6, fliRynent Exhibit "A" LEASE AGREEMENT LE'tonys MLLC 7075 CARLISLE PIKE, CARLISLE, PA 17015 717-697-1321 Residents Initials ??-c TABLE OF CONTENTS 1) ... Description .................................................................................................... 3 2)... Terms ....................................................................................................... ...3 3)...Rental amount and terms ................................................. .. .................................4 4) ... Security deposit ............................................................................................5 5)...Home description ............................................................................................5 6)...Use of rented site and common areas ........................................................... ...... ...6 7) ... Vehicles .....................................................................................::........... ...6 8)... Sale or transfer of ownership ........................................................................... ....6 9)...Home and lot maintenance ......................................... ................................. ...7 10) ... General ........................................................... ........... ..7 11)...Installation ............................... . 12)... Termination of the Rental Agreement ...................... ........................................ .. 9 13)...Abandonment of the home by the resident .......................................................... ..9 14)...Removal of home at residents decision ................................ . ............................ ...9 15)... Removal of home by Community owner.......... _ ......................................... _ ........9 16)...Disclosure statements ........................................................... .............. 10 17)...Non-waiver .............................. .................................................----........... 10 18)...Legal fees, court fees, attorney fees .................................................................. 10 19) ... Survivorship ............................................. ........: .... .10 20) ... Community Standards ....................... ......................................................... 11 21)...Amendments, changes, updates .............. 22)...Required resident insurance ........................................................................... 11 23)...Notices ............... . 24)...Application of residency ...............`...........--.......------------------......................... 11 25)...Residents personal property ................._ ...................................... .......... .11 26)...Community owners liability ............................................................................ .11 27)...OFAC ....................................................::............................................................................... .12 28)...Parties bound/signature page .......................................................................... .12 Residents Initials LEIBYS Manufactured Home Community 7075 CARLISLE PIKE CARLISLE, PA 17015 717-697-1321 PENNSYLVANIA LOT RENTAULEASE AGREEMENT This is a Rental Agreement made and entered into this /? 5p day of by and betw n LEIBYS MHC, LLC, hereinafter "Community Owner", and /?,,Ao hereinafter "Resident". In consideration of the mutual covenants hereinafter expressed, and in compliance with the requirements of "The Mobile Home Rights Act of 1976" also known as "Act 261" governing the relationship between Resident and Community Owner, the parties hereto agree as follows: 1. DESCRIPTION OF PROPERTY TO BE RENTEWLEASED: Community Owner hereby rents unto Resident and Resident rents from Community, Owner, Manufactured Home Space; Lot #:? / and address: 1167 C"r2 Cg ,?c?s9( t?B f, to be used and occupied only for residential purposes. Y The Resident rents a plot of ground within the community described as follows: Approximate Length (These are only approximate and are not legally binding): 7'1 The ground from the inner edge of the front sidewalk or roadway to the lot line to the rear of the mobile home. Approximar-- S-, : only approximate and are not legally binding): <// r r1aJ,j P lt-f?T-t, IJ D+t' ? 1 Agreement: 7 eement shall commence the _Z day of ???'?Art y' 20-Z,--, a" V ct for a period of one month and month-to-month thereafter starting on the R .«, and concluding on the last day of the month. However, either Community Owner or Rf,.tuent may terminate this Rental/Lease Agreement as of the end of the initial term or any extension thereof by giving at least Thirty (30) days' prior written notice to the other. In the event Resident occupies the aforesaid space prior to the beginning date, the rent for such prior occupancy shall be prorated and all covenants/obligations shall be in of r during the prorated period. Occupancy is defined as the date this Rental ase Agreement ed. esident's Signature D de Resi ent's Signature Date Residents Initials 3. RENTAL AMOUNT AND PAYMENT TERMS Resident agrees to pay a monthly base lot rent fee of $ ? per month due on or before the first day of each month without notice to the Community Owner. This amount is based on two occupants per home. Any more than two occupants per home will incur an additional charge per occupant. All rents and other payments will be made at the Community Office or a place designated by the Community Owner. All rent will be made payable to Leiby's MHC. When made, all payments will be applied to past due amounts first in the following manner: Late, court, utility, and "other" fees first, COS payment second. and rent payment last for that particular month which is most delinquent. If any portion of the base rent, COS, utilities, late/court fees, or "other'' charges or assessments are not paid by the fifth (5`t') of the month, a late fee of Fifty (50.00) dollars will be charged for that month. Community Owner reserves the right to take legal action against the Resident for non-payment of rent after the first (V) of the month should the rents not be paid AND the situation warrants this action. A Twenty Five (25) dollar fee will be charged on all checks that are returned by a bank for any reason. Should a resident have two checks returned by a bank for any reason during the period of the lease, Community Owner will require future payments made by or on behalf of that Resident to be either certified check or money order only. All rents are to be paid by a check or money order only. No cash will be accepted at the Community office. Rents will only be considered paid when they are in the Community office. Other monthly charges due on or before the First (1") of the month include but are not limited to: UTILITIES: All charges are based on a monthly charge unless otherwise noted. An administrative fee, mailing fee, billing fee, meter reading fee, or similar fee may be charged and/or included with the utility charges/fees. Water: Included in base rent A flat fee of per month Resident billed directly by utility company Sub-metered, usage billed to the Resident based on the amount of gallons used Sewer: Included in b rent _A flat fee of -1, l' per month Resident billed directly by utility company Sub-metered, usage billed to the Resident based on the amount of gallons used Trash: Included in base nt _ A flat fee of r CC" per month Resident billed directly by utility company/waste hauler Taxes: ;,tij WA Included in the base rent V ` A flat fee of per month Resident billed directly by the taxing authority unless otherwise noted Pet Fee: A flat fee of per month per pet Other: ? , C>Lc_L, ?`'(. Residents Initialsm C-44 _ Any charges billed to the Resident as described and permitted by this Rental/Lease Agreement and or the Community Standards, will be due when the next rent installment is due and will be considered as part of the rent due. Total monthly rentstcharges due and owing be f the First (l?`of the month for lot , known as C071 ! L^ t?f vd f ?'r and Rented by <jrgwAl JLV is $ X353, per month. List other monthly charges to be billed to Resident based on usage: Community Owner may at it's sole discretion adjust monthly rents and or charges upoir a` Dirty (30) day written notice of such to the Resident. 4. SECURITY DEPOSIT Upon execution of the Rental/Lease Agreement, Resident agrees to pay Viii ni r?ity Otb month's rent in advance in the amount as stated herein, and a security deposit in the amour $ The security deposit will not be returned to the Resident if-the Resident does not give Community Owner a minimum of Thirty (30) days written notice -of the Residents intentions to terminate the Lease Agreement. Resident shall not use any part of the-security deposit as payment of rents or other charges until the Rental/Lease Agreement has been term* evidence of the Residents absence from the Community and/or removal of the home fromg-the lot Eby the terns of this Rental/Lease Agreement. The security deposit may be appli ?the om m er towar&-j?fny rent delinquency or other charges which may have occurred at the on of b ase Agreement. It is the responsbility of the Resident to provide the Community. Owner with a f g address for the return of any monies which might be owed. Total amount of Security Deposit on file: $ / 5. MANUFACTURED HOME DESCRftMON Resident agrees to rent the lot on which to place his/her manufactured home of the following description on the space agreed to above: Make: 1`1 ; 1 I C-;OQ5 f Year size Color {?6( t Serial Number Model Legal owners name as it appears on the title Finance Company (If any) Contact number Residents Initials - 6. USE OF RENTED SrMCOMMON AREAS A Occupancy- The Resident shall occupy the demised premises only for the use of placing a manufactured home for his/her own dwelling purposes. Occupancy will be limited to two (2) persons per bedroom. The manufactured home may only be occupied by those individuals who appear on the rental application, the lease agreement, community standards/rules, and have been approved to live in the community. The primary individual on the ;title must reside in the manufactured home. B Resident information- The resident agrees to provide the Community Management: ., information pertaining to all occupants residing in the mobile home and other information, deemed necessary by:Conmiunt Owner. C Sublease/Subletting- The Resident shall not assign this Rental/Lease Agreement or sublet the premises or any part thereof. The site shall be occupied by only those person(s) whose names appear on the Ret2taULesse? hgreement. The Resident shall not put the manufactured home or the premises m the possession of another party vie the home is on the rented lot without the prior written approval of the Comm ty Owuet CvmMwiity Owner may at is sole discretion rent homes within the Community that are Community owned. D Resident shall not make any alterations, additions; or improvements on any space or any manufactured home located thereon without first obtaining the prior written approval of the Community Owner pursuant to the procedures more fully set forth in the Community Standards. E All Residents, Guests, or invitees, shall aance ailiance with all Federal, State, and Local statutes, ordinances, rules and regulati Comm lards, and la' V-W?violation of any of these aforementioned Agreem" will be deemed a violation of your ase F All pets must be appro*&and regist Y the ?l Langer PRIOR to the pet being allowed within the , Community. Resident agreesko comely with all 0. ` ., 'pulations a ivles set forth by the Community Standards including , the completion and siguip a pet agreement. G No Resident" shall ;interfere .with another residents desire to enjoy the Community in a lawful and respective manner. Loud and profane l"guage will not be permitted in the Community. Stereos and televisions will be kept to a level as not to disturb or be heard on another residential lot within the community. The playing of "Loud" musical instruments such as drums are strictly prohibited. The Resident is responsible for all actions of their children, guests, or invitees while in the Community. 7. VEHICLES All vehicles wthe community must be registered, currently licensed, have current valid inspection, operable, in good repair, and properly. insured. All vehicles and conduct pertaining with or to vehicles as outlined in section Eight (8) of the Community Standards will be strictly enforced and Resident agrees to abide by all terms and conditions contained therein. 8. SALE OR TRANSFER OF ONVNERSMWITIZE All Residents of the Community must be approved prior to the purchase of a home within the Community by the Community Management. Residents are required to give a written Thirty (30) day notice of intent to sell the Residents home. Residents and or prospective Residents agree(s) to all terms set forth in sections One (1), Two (2), Three (3), and Residents Initials Four (4) of the Community Standards pertaining to the resale and transfer of ownership of a home. 9. HOME AND LOT MAINTENANCE All residents must keep their lot and home in a well kept manor. The lot must be maintained in accordance with the Community Standards so as to present a neat and attractive site. Failure of the tenant to do so may result in the Community Owner performing such up keep at the Residents expense. All items not in use"must be stored away. The patio and decks are for lawn furniture, barbeque grills, and the like. This area is not to be used ds, open storage. Homes and any accessory buildings/structures are to be kept in a good condition. The-; exterior of any structure needs maintenance from time to time which is the sole responsibility of the Resident. Any Trident wishing to paint their home or being required to by the Community Owner shall do so with an approved color. Fail ui m"to the:exterior of your home is a breach of lease. No trash or rubbish will be permitted to accumulate around your biome or on your" Any plantings or digging of any kind must be done after written consent of the Community Owner. Anyone who foregoes this consent, will be held liable for any damage to undergr6und utilities and holds the Community` Owner and their agents harmless. If any Resident has a contractor working oil their lot or home, said contractor rimst have liability insurance coverage for such work. Resident agrees to notify" `Community Owner of any defective conditions in the Community immediately. 10. GENERAL A) Resident agrees to dispose of all rubbish; garbage and:-other waste materials :in a clean and sanitary manner. Resident agrees to pay for telephone, elect icity, es, oil and pruneand garbage/trash collection charges due for INT. services to the premises during the term othis R' t eas " greement o?gny extension thereof. Resident agrees to be , ance of elA?i , es between the service pole and the manufactured home. responsible for the connection and maipAx B) If the manufactured home located u??the lot is rented try-the Resident, the Resident is responsible for keeping the home and all of its parts include but not 111 ` to, plumbing fes, cooking, refrigeration equipment, and electrical fixtures in a rented manufactured home unit W- a clean and sanitary condition. The Resident is responsible for the exercise of reasonable care in their proper use. Batteries for the smoke detectors in the rented homes must be serviced regularly by the Resident. C) All Residents, guest s; invitee's, or family members must abide by all of the Community Standards concerning the use, occupation, and maintenance of the premises; either incorporated by reference in this Rental/Lease Agreement, referenced in the Community Standards, or brought to Resident's attention at the time of the execution of this Rentallio-ase Agreement. b) The.Resident hereby agrees that he/she will abide by AND sign the Community Standards as attached hereto, and incorporated herein by reference, as well as any additional or amended Rules which may be changed, altered, or enacted with proper notice-as required by law. Thirty (30) days' written notice of the change in the Rules will be given to the Resident prior to they effective date of the revisions. The Resident understands that violations of these Rules/Community Standards shall constitute 'a' breach of this Rental Asreemem and be erounds for termination of the Rental/Lease Agreement. E) The Resident shall not permit others in the manufactured home unit without his/her consent nor shall the Resident allow others to willfully or wantonly disturb the peaceful enjoyment of the premises of other Residents and neighbors. F) Guests staying with the Resident for a period of over ten (10) days must apply and be registered with Community Management, and the length of the stay must be approved. All guests must abide by Community Standards, and any infraction of the Community Standards will be considered grounds to require the guest to immediately leave the Community. The Resident is responsible for the actions and conduct of invited guests and occupants. Any breach of the Residents Initials /' 5 Lo Rentald,ease Agreement or the Community Standards by invited guests or occupants shall be deemed to be a breach by the Resident and may constitute grounds for an action for summary possession or eviction. G) The Resident agrees that the Community Owner and the Community Owner's agents, employees, or other representatives, shall have the right to enter into and upon the said premises consisting of the lot which is the subject of this Rental&,ease Agreement, or any part thereof, at all reasonable hours, for the purpose of examining the same or making such repairs or alterations therein as may be necessary for the safety and preservation thereof. This clause shall not be deemed to be a covenant with the Community Owner nor be construed to create anobligation on the part of the Community Owner to make such inspections or repairs. If the Resident is also renting the manufactured home, then the Resident authorizes Community Owner, its agents, employees or other representatives to enter into the home for the purpose of maintenance or to show the home to a prospective purchaser or renter of tergiving notice as required by law. 1) Resident may not place any aboveground or underground storage tanks-;on the premises without the prior written consent of the Community Owner. It shall be the Resident's sole responsibility to comply with all existing and future statutes, rules, regulations, ordinances, and orders related to the storage tanks (including pipes and equipment connected thereto) on the premises, and to keep and maintain the tanks in good condition and repair, such that hey do not leak or present any harm or threat of harm whatsoever to the Premises, the public safety and welfare, or Elie environment. Resident shall indemnify and hold harmless Community Owner anelast any and all expenses, liabilities, or costs of any kind or nature, including attorney's fees, arising out of, caused by,'or-relat&hm any way to Resident's installation, ownership, operation, maintenance, or closure of the storage tanks. Upon termination of this RentalAL ease Agreement, Community Owner may at its sole discretion require Rdept to remove the tanks and clean up and restore the Premises back to the original conditions. A violation of thi'Section shg constitute a materi breach of this RentaIALease Agreement. In addition to any other remedies avq' able, upon Resident's failure to comply with this Section or obtain the Community Owner's approval to maintain the the , Mthe ity Ow ner may, but is not obligated to, (1) order the Resident to remove or repair th anth"srte(waiving its right to indemnification or to pursue any remedies available, remove ot'rth restore itself at the Resident's expense, and/or (3) terminate this Rental Agreement Community Omer shall havei he right to inspect the Premises to ensure compliance with this Section. 11. INSTALLATION All new homes to the community must be installe&w1r eet all local, state, and federal building codes that apply. A building permit is required and a third party inspection must be performed as a condition of occupancy whether the local building codes office requires such`inspections ornot. A copy of said inspection and building permit must be provided to the Community Owner on demand. Any contractor working in the Community is required to have insurance coverage in an amount that is commonly deemed as acceptable for the type of work being completed. a) -All homes must have an approved footer system to prevent frost heave and meet all building codes and be set up by a•licensed contractor. b) All homes must be tied down in accordance with the manufactures requirements or the UCC code which ever is more stringent' c) All homes must be skirted with materials specifically manufactured for use as mobile home skirting only. All materials must be approved by the Community Owner prior to the installation of such materials. d) Utilities must be hooked up in a workmanship like manor as to be neat and pass all building codes pertaining to such installation. The water line must have a shut off valve at the home, a back flow preventer valve installed, and a heating tape. e) Steps (Which are considered a part of the home structure) must be built to meet local codes and must have a four (4) foot by four (4) foot landing. Any deck larger than this must have approval from the Community Owner prior to the construction of said steps/deck. The granting of a permit by a local building inspector does not represent permission by the Community Owner to construct a non-compliant structure. f) No deck, patio, or carport may be enclosed by any materials as to provide another room to the structure. g) No fences are allowed on a Residents lot unless it is placed there by the Community Owner. h) Additional structures (Sheds, gazebos, carports, etc) shall be held in strict compliance with the Community Residents Initials Standards. 12. TERM]NATION OF THE RENTAL AGREEMENT This Rental/Lease Agreement shall be terminated by either party with a Thirty (30) day written notice from the date of service and in accordance with all applicable law. Failure on the Residents behalf to give written notice, will negate any monies held as a security deposit from being returned to the Residenrt. A violation of the Lease Agreement or of the "Community Standards" will be grounds for the termination of the Rental/Lam Agreement. It is agreed to by the Resident that the premises will be returned to the Community Owner in the same condition or better condition than when received with the exception of reasonable and ordinarily accepted wear. 13. ABANDONMENT OF HOME BY THE RESIDENT If any manufactured home is left abandoned in this Community far a period of thirty (30) days or more, the Community Management may enter the home, secure any loose or movable i''ls3ing, materials or supplies, and move the home to a storage area or other location at the Resident's expense. The home, i%*.be considered abandoned if no one is living in the home, the rent is not paid in full, and if arry__of the following, water, sewer, electricity, phone, TV cable, and mail delivery, have been disconnected or services tearnreated. The Community Owner wilt have no responsibility for safeguarding the manufactured home or its contents regardless ofWhether the home has tw0w moved or not. Any Resident who abandons their mobile home on our property will be subject to all legal remedies available to Community Owner for the removal of said home, clean up of the lot ,° and all rents st fro c a Leased property until a time that the lot is made to a condition of being able to be leased agaiAAAll rea ; fees, arges will continue to accrue as long as the home remains on the rented lot. 14. REMOVAL OF HOME ARESIDEN`ECISION. A. The Resident is required to submit to the office in-writing, Thirty (30) days' prior to any home being moved, a notice that the manufactured Koine is to be moved from the CommtteMy. If resident fails to give Community Owner a thirty (30) day written notice, said resident will be charged for an additional months rent. B. The Resident must advise the office who will be moving the home from the Community, the exact date it will be moved, and who will be preparing: the home for removal (disconnecting the water, sewer and electrical lines). The Community Manager must give the final approval that all lines have been properly disconnected before the home may be pulled off of the lot. C. The manufactured home shag-not be demolished on the lot. D. All provisions of the Community Standards will be strictly enforced in reference to the removal of a home from the Community. 15. REMOVAL OF MANUFACTURED HOME BY CON 4UNITY OWNER Management shall have the right to require the removal of any manufactured home when the following exists: A. Home has been left in disrepair by the Resident after written notice was given to repair. (This is primarily in regard to exterior condition of home, shed, awnings, porches, skirting, etc.) Residents Initials_ B. The rented lot is in disrepair in so far as items are stored haphazardly around yard and/or on porches, etc., after written notice has been given to clean up. C. Hazardous conditions exist and have not been corrected after written notice has been given in regard to, but not limited to: electrical, plumbing, and heating systems. D. The manufactured home is vacant even if the lot rental is still being paid and if the owner of the manufactured home is not making a sincere effort to sell the home. A sincere effort to sell home would be: having home listed with any service by signing a written agreement; placing classified ads in local papers on a regular basis to "sell by owner", and having a "For Sale" sign displayed in the window E. The manufactured home has been abandoned as more fully set forth in Section 3 of the Community Standards and section 13 of the lease, Abandonment of Home by the Resident. F. Community Owner has been granted summary possession by a court of competent jurisdiction. 16. DISCLOSURE STATEMENTS Resident hereby states that he/she has been advised of the following A. That the Resident is aware of the specific identification, of the site being rented. B. That the Resident is aware of and accepts the amount of rent due for each monthly installment. C. That the Resident is aware of and accepts the amount of any date fee, returned check fee, or other assessment or charge that may be levied against the Resident contain&with%u the Lease agreement. D. That the Resident understands each service, facility, and utility service.4bat the Community Owner will provide, and that the Resident has had clearly identified the availability.; capacity and connection fees for all utility services at the proposed site in order to assure the proper and adequate installation, oftilities and of the manufactured home. E. That the Resident has received a ,description of any termination or renewal options as set forth in this Rental/Lease Agreement_ F. Resident hereby states that he/she has received the following parts of this Rental/Lease Agreement and understands said parts and that the listed parts are incorporated' herein and become a part of the Rental/Lease Agreement as is fully set forth herein: Part I A copy of this RentallLease Agreement ;Part 2 A copy of Leiby's MHC Community Standards Part 3 A copy of Act 261 known as The Mobile Home rights Act 17. NON-WAVER The acceptance of rent by the Community Owner is not deemed as a waiver of any rights or remedies for a breach or subsequent breach by the Resident of this Rental/Lease Agreement or the Community Standards. 18. LEGAL FEES, COURT FEES. AND/OR ATTORNEY FEES Community Owner shall charge in accordance with the law, any attorney's fees, court costs, and other reasonable costs incurred by the Community Owner as a result of upholding, enforcing, or obtaining compliance of this Rental/Lease Agreement or the Community Standards as a result of a breach or default on behalf of the Resident. Residents initials_ M5 ? 19. SURVIVORSHIP This Lease Agreement is binding upon the successors, assigns, heirs, lien holders, agents, executors and administrators of the Resident.. 20 COMMUNITY STANDARDS (RULES AND REGULATIONS) The Community Standards (Also known as the Rules and Regulations) are a condition of this Rental/Lease Agreement and to which all residents, guest's, invitee's, and others must comply with as a condition of occupancy. A BREACH OF MEANS ALLOWED BY LAW. All residents are responsible for the actions oi"their c ldrenn; guws €l vitee's. By the resident signing of this lease, said resident acknowledges receipt of Community Standards as they are wr ten on the date of signing and to fully comply with these Community Standards or airy` amended Standard that the Community Owner may implement at a future time. 21. AMENDMENTS. CHANGES. UPDATES Community Owner may at its discretion change, update, and/or amend any section, of the Rental/Lease Agreement or Community Standards with a thirty (30) day written notice to.the Resident as required` by law. 22. REQUIRED RESIDENT INSURANCE Community Owner does not carry insurance to protect the iesident or-their property against loss including but not limited to fire, theft, vandalism, criminal acts, acts of God, or other causes. Each resident is required to carry insurance against loss and liability. Resident muIsu ide proof of sacb-,insurance as a condition of occupancy. 23. NOTICES Any contractual obligations or special permission/exemption of use must be in a written form from the Community Owner. Any deviation of the Community Standards 'grunted by Community Owner or the agent thereof must be in writing. 24. APPLICATION OF RESIDENCY All persons seeking residency in the Community are required to complete an application for residency. Any prospective Resident who falsifies any part of the application document will be denied residency from the Community and if such falsifications are discovered after, residency has been granted, residency status will be revoked and the Resident will be evicted from the community. Any one residing in the community without being granted approval by the Community Owner will be considered a trespasser and be dealt with as such. 25. RESIDENTS PERSONAL PROPERTY Community Owner shall not be responsible for any personal property left in the community upon termination, surrender, or abandonment of the premises. Furthermore, Community Owner shall not be liable for the storage or disposition of any residents personal property. Residents Initials-&,--A? - 26. COMMUNITY OWNERS LIABBITY Community Owner shall not be liable to any Resident, Residents invitees, guests, family, or employees of the premises for any injuries, deaths, or damage to life or property caused by defects, disrepair, or faulty construction of the premises except where as provided by law. Community Owner shall be held harmless of any liability arising from death or damages by such incidents but not limited to fires, floods, storms, falling trees or branches, vandalism, criminal activity, explosion, rain, or other scenarios beyond the Community Owners control. 27. OFAC Resident does hereby represent that neither Resident or any person who resides,or is proposed to reside with the Resident in the community is or will be a Prohibited Person, as that term hereinafter dew A "Prohi)rlhPerson" is any entity, person or party: that is listed in the Annex to, or is otherwise subject to thevpvasons of, EXeedtive Order 13224 issued on September 24, 2001 (E013224); whose name appears on "the United States Treasury Department's Office of Foreign Assets Control (OFAC) most current list of "Specifically Designated National and Blocked Persons" (Which list may be published from time to time in various mediums including but not limited to, the OFAC website, http:www.treas.gov/ofac/tl l sdn.pdf) (the OFAC list); who commits, threatens to, commit, or suppdrts "Terrorism," as that term is defined in EO 13224; or who is otherwise affiliated *A any entity or person listed above. 28. PARTIES BOUND This Rental Agreement shall be binding uponothe;part ?gned wi o hands and seals the day-, m th and y SS I'll 12 RESIDMT TNESS RESIDENT LEIB S DATE LIST ALL OTHER OCCUPANTS TO RESIDE IN THE HOME J - - ;?;7 v or lope CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Complaint upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Melissa Wyland 116 Virginia Beach Avenue Carlisle, PA 17015 Shawn Rupp 116 Virginia Beach Avenue Carlisle, PA 17013 Date: June , 2012 Andrew C. Sheely, Esquire LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS 'r/A AND D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff V. : No. 12-3165 c c rrl ED SHAWN RUPP and (( MELISSA WILAND, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW { PRAECIPE FOR ENTRY OF APPEARANCE s co C:)? r-n C-n :_ TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants Shawn Rupp and Melissa Wiland in the above matter. DATE: 7 ?2_ /,2 Amy Hip k#, Esquire Attorny or Defendant Supre Ct. ID # 310094 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS T/A AND D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff V. : No. 12-3165 ? `:, MW SHAWN RUPP and xZ yM- MELISSA WILAND, : LANDLORD TENANT T - Defendant : CIVIL ACTION - LAW CZ C; N ' ? ' A - 2 S COMPLAINT DEFENDANT'S ANSWER TO PLAINTIFF C co rx ry i... NOW come Defendants, Shawn Rupp and Melissa Wiland, through their attorKey Y. ?kmy?- ? Hirakis, Esquire, of MidPenn Legal Services, and file the following Answer to Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. Defendants admit that Plaintiff and Defendants are parties to a written lease agreement and rules and regulations. Defendants deny that Plaintiff's Exhibit "A" is dated June 30, 2009. Plaintiff's Exhibit "A" is a lease agreement that commenced on January 1, 2010 and was signed by Defendants on November 30, 2009. 7. Admitted in part and denied in part. Defendants admit that they currently pay a monthly lot rent of $335.00, an extra. $21.00 per month for additional occupants, a monthly trash collection fee of $10.00, together with monthly water and sewer bills determined on a usage basis. However, Defendants deny that these amounts are the same as those listed in Exhibit "A" of Plaintiffs Complaint. By way of ftirther response, Defendants allege that the amounts listed in Exhibit "A" include a monthly base lot rent fee of $325.00, an extra $14.00 per month for additional occupants, a monthly trash collection fee of $14.00, together with monthly water and sewer bills determined on a usage basis. Denied that Defendants have not paid lot rent for the months April, May, and June 2012. Defendants deny that they owe late fees equaling $150. Defendants are without sufficient knowledge or information to form a belief as to the amount they owe in water and sewage usage fees. Additionally, Defendants deny that the amounts listed total One Thousand Four Hundred Thirteen Dollars and sixty seven cents ($1,413.67) and deny that a credit of only $240 should be applied for payments made. 9. Denied. 10. Denied. 11. Admitted in part and denied in part. Defendants admit that they have installed various landscape materials and have planted trees and shrubs on their leased lot. However, Defendants deny that the landscaping is in violation of the lease agreement and rules and regulations. Defendants also specifically deny that they have caused the installation of landscape materials and planting of trees or shrubs upon parts of other lots used by other residents. In way of further response, Defendants affirmatively allege that in or around 2004, one of the previous owners, Terry Leiby, gave Defendant Rupp verbal authorization to construct a pond, plant trees and shrubs, and install other landscaping materials on the leased premises. 12. Admitted in part and denied in part. Defendants admit that they caused the installation of a pond, various trees, decorative stone, pumps and other materials on Plaintiffs property. However, Defendants deny that the installation of such materials was without consent of the previous property owner. 13. Admitted. 14. Admitted. 15. Admitted. 16. Denied. 17. Admitted in part and denied in part. Defendants admit that they received notices which stated that they violated community standards. However, Defendants deny that these notices were dated March 3, 2012 and April 4, 2012. 18. Admitted. Defendants were unable to remedy the alleged violations when notice was given because the ground was frozen. Additionally, Defendants do not believe that the landscaping is a violation of the lease. 19. Denied. 20. Denied. COUNT 1. - EJECTMENT Plaintiff v. Defendant Rupp 21. No response required. 22. Denied in part. Defendant is not storing and maintaining his manufactured home in disregard of the lease, community standards, rules and regulations. 23. Denied. 24. Denied in part that Defendant Rupp is using Plaintiff's real property, in a dangerous and unauthorized manner, the allegations are denied. COUNT 2 - CIVIL TRESPASS Plaintiff v. Defendant Rupp 25. No response required. 26. Denied. 27. Denied. 28. Denied. 29. Denied that Defendants have violated the lease agreement. COUNT 3. - UNJUST ENRICHMENT Plaintiff v. Defendant Rupp 30. No response required. 31. Denied. 32. Denied. COUNT 4. - BREACH OF AGREEMENT Plaintiff v. Defendant Rupp 33. No response required. 34. Denied. 35. Denied. 36. Denied that Defendant has violated the lease agreement. COUNT 5. - EJECTMENT Plaintiff v. Defendant Wiland 37. No response required. 38. Denied in part. Defendant is not storing and maintaining his manufactured home in disregard of the lease, community standards, rules and regulations. 39. Denied. 40. So far as paragraph 40 alleges that Defendant Wiland is using Plaintiff's real property in a dangerous and unauthorized manner, the allegations are denied. COUNT 6 - CIVIL TRESPASS Plaintiff v. Defendant Wiland 41. No response required. 42. Denied. 43. Denied. 44. Denied. Defendants deny that the installation of landscape materials, stone, water, ponds, pumps and other trees was unauthorized. Furthermore, Defendants denies that they have damaged Plaintiff's property in the amount of two thousand two hundred fifty dollars ($2,250.00). 45. Denied that Defendants are in violation of the lease agreement. COUNT 7. - UNJUST ENRICHMENT Plaintiff v. Defendant Wiland 46. No response required. 47. Denied. 48. Denied. COUNT 8. - BREACH OF AGREEMENT Plaintiff v. Defendant Wiland 49. No response required. 50. Denied. 51. Denied. 52. Defendants deny they are in violation of the lease agreement. WHEREFORE, Defendants pray that the Court dismiss Plaintiff's Complaint with prejudice. Date Respectfully Submitted, MIDPIVN GALS >?CVICES By. Amy 1 akis, Esquire Att for Defendant Sup me Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400, ext. 2513 VERIFICATION I, Shawn Rupp, certify that the averments contained in the foregoing Answer are true and correct to the best of my personal knowledge, information, and belief, and that I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ?Cegl 24i=- z(I Signature Date/ LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff V. SHAWN RUPP and MELISSA WILAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-3165 : LANDLORD TENANT : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendants, Shawn Rupp and Melissa Wiland, hereby certify that I have served a copy of the Answer on the Plaintiff s attorney, on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Andrew Sheely, Esquire P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 MidPenn Legal Services Date: -7_ - ? Amy Hir ' , Esquire Supreme (C4. ID No. 310094 401 E. L' ther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400, ext. 2513 Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net 2012 JUL 24 PM 12: "?" CUMBERLAND COO ? p PENNSYLVANIA LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff VS. SHAWN RUPP, an adult individual, and MELISSA WYLAND, an adult individual, Defendants : IN THE COURT OF COMMON PLEAS O] : CUMBERLAND COUNTY, PENNSYLVANI2 12 - 3165 CIVIL ACTION - LAW CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I reviewed the attached Motion/Praecipe for Release of Escrow funds with Amy Hirakis, Esquire. I further state that I was advised by Amy Hirakis, Esquire, on July 18, 2012 that she did _ concur with the attached Motion prior to its filing on the date set forth below. Date: July 24, 2012 /4l /n j <qrJ", 'Andrecl-T. Sheelg? ire Attorney for Plaintiff 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheel]L?Pverizon.net LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff VS. SHAWN RUPP, an adult individual, and MELISSA WYLAND, an adult individual, Defendants PR0TH 0? l i 2 12 JUL 24 PM 12:55 CUMBERLAND C'0WN T`r` PENNSYLVANIA : IN THE COURT OF COMMON PLEAS C : CUMBERLAND COUNTY, PENNSYLVANI 12 - 3165 CIVIL ACTION - LAW PRAECIPE TO RELEASE ESCROW FUNDS PURSUANT TO PA MDJ 1008 (B) Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Praecipe to Release Escrow funds held by the Prothonotary and respectfully states as follows: 1. This matter was initiated on May 18, 2012 wherein Defendants filed a Notice of Appeal and an amount of $120.00 to the Prothonotary of Cumberland County. 2. Thereafter, Defendants paid an amount of $225.00 on May 30, 2012, and amount of $366.00 on June 18, 2012 and an amount of $366.00 on July 23, 2012. 3. Presently, an amount of $1,077.00 is held in escrow with the Prothonotary of Cumberland County in association with the above-referenced docket. 4. Plaintiff requests the release of all rent escrows held by and paid to the Prothonotary of Cumberland County and paid tc Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park. 5. This praecipe is not intended to waive, release or modify the substantive rights of either party to pursue the claims and demands raised in the underlying causes of action. 6. Pa MDJ Rule No. 1008(B) states that the Court shall, upon application, release appropriate sums from the escrow account on a continuing basis while an appeal is pending to compensate the landlord during the tenant's actual possession and use of the premises during the pendency of an appeal. 7. All escrow funds cannot be released without a Court Order and Defendants through their counsel have consented to the requested relief in the order attached hereto. -2- WHEREFORE, Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, respectfully requests that this Honorable Court enter an Order in accordance herewith. Respectfully submitted, July 24, 2012 Wndreew. Sheely, 2hey at Law 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) -3- CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am thi; day serving the foregoing Praecipe To Release Escrow Funds upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Amy Hirakis, Esquire Mid-Penn Legal Servcies 401 E. Louther Street Carlisle, PA 17013 tt? July J 2012 Andrew C. S ire Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@veriaon.net LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff VS. SHAWN RUPP, an adult individual, and MELISSA WYLAND, an adult individual, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 12 - 3165 CIVIL ACTION - LAW I, Andrew C. Sheely, Esquire, hereby certify that I' reviewed the attached Motion/Praecipe for Release of Escrow funds with Amy Hirakis, Esquire. I further state that I''was advised by Amy Hirakis, Esquire, on July 18, 2012 that she did concur with the attached Motion prior to its filing on the date set forth below. Date: July 26, 2012 Attorney for Plaintiff 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Pax) andrewc.sheely@verizon.net LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARR, Plaintiff VS. SHAWN RUPP, an adult individual, and MELISSA WYLAND, an adult individual, Defendants C THE pROrfj t t 1012 JUL 26 PM 4: 2U CUMBERLAND COUNTY P'ENNS I LVANiA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 12 - 3165 CIVIL ACTION - LAW Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Praecipe to Release Escrow funds held by the Prothonotary and respectfully states as follows: 1. This matter was initiated on May 18, 2012 wherein Defendants filed a Notice of Appeal.and an amount of $1201.00 to the Prothonotary of Cumberland County. 2. Thereafter, Defendants paid an amount of $225.00 on May 30, 2012, and amount of $366.00 on June 18, 2012 and an amount of $366.00 on July 23, 2012. 3. Presently, an amount of $1,077.00 is held in escrow with the Prothonotary of Cumberland County in association with the above-referenced docket. 4. Plaintiff requests the release of all rent escroOs held by and paid to the Prothonotary of Cumberland County and paid to Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park. 5. This praecipe is not intended to waive, release or modify the substantive rights of either party to pursue the claims and demands raised in the underlying causes of action. 6. Pa MDJ Rule No. 1008(B) states that the Court shall, upon application, release appropriate sums from the escrow account on a continuing basis while an appeal is pending to compensate the landlord during the tenant's actual possession and use of the premises during the pendency of an appeal. 7. All escrow funds cannot be released without a Court Order and Defendants through their counsel have consented to the requested relief in the Order attached hereto. 8. No prior judge has been assigned to this case abd this Amended Praecipe is filed to comply with a directive of the Court Administrator as attached hereto. -2- WHEREFORE, Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park, respectfully requests that this Honorable Court enter an Order in accordance herewith. Respectfully submitted, July 26, 2012 Alfdrbw C. Sheely ttorney'at Law 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) -3- From: Andrew Sheely <andrewc.sheely@verizon. Subject: Res to Comply wi!#t Local Rule 206.3 Date: July 26, 200 2:24:47 PM EDT To: "Perkins, Tricia" <tperkins@ccpa.neb On Jul 26, 2012, at 1:49 PM, Perkins, Tricia wrote: 7/26/2012 RE: Notice of Failure to Comply with Cumberland County Locajl Rule 2083(a) Praecipe of Plaintiff to Release Escrow Funds 2012-3165 Leiby's MHC, LLC, T/A and D/B/A Leiby's Mobile Home Pa kv. Shawn Rupp, an adult individual, and Melissa Wyland, an adult indivi ual, defendants Dear Mr. Sheely, Please note that due to your failure to comply with Cumberland Coun Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), your motion will be held in the Court Administrator's Office until an amendment containing the missing information is Me I in the Praehe tug's Office. if after two net no amendment has been filed I your motion will be sent back to the Prothonotary's office and placed in the file and no fu4her action ill be taken. Rule 2083(x). Motions. (2) The motion shall state whether or not a Judge has ruled upon any other iss a in the some or related matter, and, if so, shall specify the judge and the issue. Please note that you do not need to file an additional proposed order or pro ide additional envelopes for service. Your amendment will be attached to the original m tion. Please feel free to contact me if you have any questions or concerns regardit this matter. Sincerely, Trish Perkins Administrative Coordinator CERTIFICATE OF SERVSCa I, Andrew C. Sheely, Esquire, hereby certify that I'am thi: day serving the foregoing AMENDED Praecipe To Release Escrow Funds upon the following named individual this day by deoositinc same in the United States Mail, First Class, postage prepaid, ai Mechanicsburg, Pennsylvania, addressed as follows: Any 8irakis, Esquire Mid-Pena Legal Servcies 401 S. Louther Street Carlisle, PA 17013 July G& , 2012 Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely0verizon.net LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff VS. SHAWN RUPP, an adult individual, and MELISSA WYLAND, an adult individual, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA tTlm '" =? 12 - 3165 { CIVIL ACTION - LAW ORDER OF COURT AND NOW, this JDF day of 2012, upon consideration of the attached Praecipe of Plaintiff to Release Escrow funds, the Prothonotary of Cumberland County is directed to release all funds held in escrow in the above-referenced docket, payable to Plaintiff, Leiby's MHC, LLC, trading and doing business as Leiby's Mobile Home Park. BY THE COURT, J. drew C. Sheely, Esquire Attorney for Plaintiff y Hirakis, Esquire (((///Attorney for Defendants CUMBEM7ND COUNTY PROTHONOTARY OFFICE - GENERAL FUND Check Date: 07/31/2012 Case No. Defendant Descriptions 1 2165 Amt Released Receipt 12-03165 LEIBY'S M H C RENT 120.00 275462 12-03165 LEIBY'S M H C RENT 225.OG 275939 12-03165 LEIBY'S M H C RENT 366.OC 276858 12-03165 LEIBY'S M H C RENT 366.OC 278271 i`3 r-a _ EV Check Amount: 1077.00 INFOCON CORPORATI N[L1558HBI 3385603 David D. Buell ORRSTO W N BANK CUMBERLAND COUNTY PROTHONOTARY OFFICE SHIPPENSBURG, PA 60-15031313 GENERAL FUND I COURTHOUSE SQUARE; SUITE 100 CARLISLE, PA 17013 U CHECK DATE CHECK NUMBER PAY THIS AMOUNT N n 0 07/31/2012 2165 $1,077.0 0 One Thousand Seventy Seven And 00/100 Dol ars m TO THE ORDER OF m LEIBY'S MOBILE HOME PARK T ANDY SHEELY ESQ 0 ),2- ? ?YlI.JJ - AUTHORIZED IGNATURE 11'00216511' i:0313L5036i: 10 8 LLLL7L11' 09081707312012 Cumberland County Prothonotary's Office PYS380 Check Register Costs & Fe es Tran Receipt Case Trans Check Check Payee Name - Rel Date Desc No No Amount Date No LEIBY'S MOBILE HOME PARK RENT 5/18/2012 PYMT/MONEY ODR 275462 12-03165 120.00 5/30/2012 PYMT/MONEY ODR 275939 12-03165 225.00 6/18/2012 PYMT/MONEY ODR 276858 12-03165 366.00 7/23/2012 PYMT/MONEY ODR 278271 12-03165 366.00 07/31/2012 2165 Total Amount Released -----------------------------------End of Listing - ------------------------------- d rnto ?r G"3 ?> t Page: 1 Check Amount 1,077.00 ** 1,077.00 .7 L cF;LEU-GuFFfiti Andrew C. Sheely, Esquire r' ~ Fig i'i~u?N~?~Q i~~1~Y Attorney for Plaintiff/Petitioner 127 S. Market. Street ~~~~O~I ~~ ~~I~: ~~ P.o. Box 95 Mer_hanicsburg, PA 17055 PA ID NO. 62469 irll~[~CDL~~Q ~V~I71,i 71?-Ei97-7050 (Phone) tJ ~P~G~(~~~~~~~~V~V~P7 71?-Ei97-7065 (Fax) it t Eeir ~ ~ i ~~on.nca LEIBY'S MHC, LLC, IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff.f vs. 12 - 3165 SHAWN RUPP, an adult individual, and MELISSA WYLAND, an adult indiv=dual, CIVIL ACTION - LAW Defendants PETITION TO TERMINATE SUPERSEDEAS AND RELEASE FUNDS Petitioner, Leiby's MHC, LLC, t/a and d/b/a Leiby`s Mobile Home Park, by and through counsel of Andrew C, Sheely, Esquire, hereby files i~his Petition and Praecipe to lift. supersedeas in the above-captioned action, and in support thereof respectfully sates as follows: 1. Petitioner is Leiby's MHC, LLC, t/a and d/b,la Leiby's Mobile Home Park, owner of the Leiby's manufactured home community and Plaintif:E in the above-captioned matter. 2. Respondent, Shawn Rupp, is a Defendant in the above- captioned matter with a last known address of 116 Virginia Beach. Avenue, Carlisle, Cumberland County, Pennsylvan:i_a, 17015. 3. Respondent, Melissa Wyland, is a Defendant .i.n the above-captioned matter with a last known address of I. I.6 Virginia Beach Avenue, Carlisle, Cumberland County, Pennsylvvania, 17015. 4. Respondent fi:Led an appeal pursuant to Pa, R.C.P.D.M. No. 1002 docketed in ttlis docket on or about May 18, 2012. 5. Petitioner bel_Leves and therefore avers that Respondents are the owners of a manufactured home located at 116 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania and on Lands owned by Respondents. 6. Petitioner and Respondent were parties to a written lease agreement and ru:Les and rec;;la_ations dated June 30, 2009. 7. The new written lease, rules and regulations require a monthly lot rent of $36E.00, together with water and sewer bills determined on a monthly basis. 8. Respondents have not paid the amount set forth. in the original judgment to the Frothon~~>tary in violation of Pa. R.C.P.D.M. No. 1008(B), 9. Respondent have failed to pay ongoing month:~.y r=ant payments to the Prothonotary in.~.iolation of Pa. R.C.P.D.M. No. 1008 (c)(3) and (I), missing the September reIlt and. paying only $180.00 in the mor.~zth of Cctc?~er_~. 10. Respondents' :failure to comply with the Rules of Civil Procedure applicable to appea7.s of a District Magistrate decis.i.on ~,aarrant di smi~ssal c~~t ±~he ;,alpersedeas to perm.i.t. Petitioner to recover poss€~.~~,l~r., f t.i-ie 1.ot.. 11 . As a result t>f Re s~~ondc_nt s' a.i.lure to post the rent awarded by the District: Magis±:-ate and pay timely rent: payments in accordance ta~ith tae Ru.' e~. o+ Court, Pet it]_oner is entitled to a directive from the Prothonotary lifting the supersedeas. 1?_. Petitioner is simult~sn~~ously filing a. praecipe to lift the supersedeas, ~~ coley ~~f °.al:ic~a i.s attached hereto as Exhibit "A°' . 13. The Honorahle Albex-i~ H . r~ta~,l.an^ has been previously assigned to this case. 14. Counsel for Respondents/Defendants has not consented to the relief sought i11 this petition. WHEREFORE, Petitioner, Leiby': MHC, ~~LC, t/a and d/b/a Leiby's Mobile Home Park hereby i:equests that the Prothonotary lift the supersedeas, or in the alternative, direct the scheduling of a hearing before the Court to consider the relief sought in this }?etitior~, including payment of all. required rent, including sewer arad water charges, due and owing durinq the term of the above--captioned matter. R.esp ctfully ted, October ~, 2012 _ _~_ ____v, An eva C . Sheely squire Attorney for Plaintiff/Petit:i.oner ]_2 7 South Mar.. ket atreet P.O. Box 95 Mecrian~rsburg, PA 17055 ~1-r-h9?- ~05G :17...hg?-7065 (fax _~ VERIFICATION I verify that the statements made ire this Petition ar_e true and correct. I understand that unsworn statements Herein are made subject to the penalties of 18 Pa. C.S.A. Sec-t ion. 4304, relating to unsworn falsification to authorities. _, i DATE: October 22, 2012 _~' ~.,"!`.-~-'------- Dana Centineo, Agent ~i~ F;XH$I'~' ''~i,r Andrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner i27 S. t4arket Street. P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 17-697-7050 (Phone} %17-697-7065 (Fax) _r.dreeac.sheelv~verizon.net LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, Plaintiff vs. SHAWN RUPP, an adult individual, and MELISSA WYLAND, an adult indi~~idual, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 12 - 3165 CIVIL ACTION - LAW PRAECIPE TC TERMINATE SUPERSEDEAS TO: David D. Buell, Prothonotary Cumberland County Courthouse Carlisle, PA 17013 Kindly terminate the supersedeas in the above-captioned matter for failure of Defendants/Appellants to pay monthly rent payments as required by Pa. R.C.P. D.M. No. 1.008 (B), (c-(3) and (c)(7) and for the reasons set forth in the attached petition. / f ~~~~ -i October Z`I 2012 By. ---'' Andrea C. Sheely, Esquire Pa. ID No. 62469 127 S. Market Street P.O. Box 95 Mecranicsburg, PA 17055 717-697-7050 Attorr_ey for Plaintiff/Petitioner Leiby's MHC, LLC CERTIFICATE OF SERVICE I, Andrew C. Sheel.y, Esquire, hereby certify that. I am this day serving the foregoing Petition and Praecipe t.o lift Supersedeas upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Amy Hirakis, Esquire Mid-Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 ,~ 1 October ~~ 241.2 G~~ _ _ ___ drew C. SheA Esquire Andrew C. Sheely, Psquire Attorney for Plaintiff!Petit~oner 12' S. Market. Street P.o. sox 95 Mechanicsburg, PA .1.7055 PA ::D NO. 62469 71 -69~-7050 (Phone) 71 -697-7065 (F'ax) E:: ': LE:IBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARK, P]_aintiff vs. C(/J y~~.R~ Pal f~: ~~. PFNkS ~L q ~//~~'T r !/f~ : ~N TIE COURT OF COMMON PLEAS OF CUMBI'RLAND COLJNTY, PENNSYLVANIA ~.~. 3 iba SHA~aN RUPP, an adult , individual, and MELISSA .. WYLANB, an adult ind~_tiri~"l~la? , : C':5:~;'7":: A~:''1'ION -- LAW Defendants , PRAECIPE T~ TERMII~A~,'E 5UPEIZSEbEAS TO: David D. Buell, Protnorltt~-.':. Cumberland Caurty t;o~~_:r~..~'~ltz~j~~: Carlisle, PA 17013 Kindly -terminate the. supF~r.-~eue:-~: in the above-captioned matter for failure of Defendant.:,/appellants t.o pay monthly rent payment( as required ray Pc;., R.~~'.r". _D.M. No. 1008 (B), (c) (3) and (c) (7 j and for the ;-pay=or.: `~ set for.-'-.h ir. the attached petition. ~~ ~~ ~~ ~~% Il .r ,..- October ~L~ 2012 B '~ ~-"`~ ril?C.lY'G;~f ;`.. t:..eely. E.>quire Pcl. TD at?. Ei~ ~~Q 127 S. P~~la~~k:et Street: p.O. Bit r: 04 Mec?~~ar~ i r.~sb~ rg, PA 17055 73.7-.~;a; .'1r~5(, ~tt.orr~L:y fog Plaintiff/Petiti.oner t i ~ LLC, LEIBY'S MHC : IN THE COURT OF COMMON PLEAS OF , T/A. AND D/B/A CUMBERLAND COiJNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff vs . 12 - .316 5 c-, C7 • t:.. r.~ =r, SHAWN RUPP, an adult. -n t~ °"'' +-n individual, and MELISSA ~~ ° m~,n WYLAND, an adult individual, : CIVtL ACTION - LAW u, r' ~ ~~ Defendants ~-.~ `~ -.' ~~ ~ ~~ ~~ 3" .. -°-! ~ ?.. 4.) ~ -. ORDER OF COURT /.,!'~ AND NOW, this ~ day of~~,~ ~f~r'r ~jG'~'` 2012, upon consideration of the attached Petition and Praecipe to terminate the Supersedeasr a hearing is hereby scheduled for a ~ r, ~ 2012 4 at •~% Tz: in Courtroom No. of the Cumberland County Coz:.rthouse to consider the relief soilght herein by Petitioner. B'.~ THE COURT, . ~ _!~ i -- J. /Andrew C. Shee,.y, Esgai~R~ At~,:orney for Pet.ition~~r Amy Hirakis, Esquire At.~,orney for Res~;onder.t.s ,fie ~~ n � Andrew C. Sheely, Esquire XM• j Attorney for Plaintiff/Petitioner " { 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 C� PA ID NO. 62469 C- C-)-vl 717-697-7050 (Phone) :C(=- f= 717-697-7065 (Fax) andrewc.sheely @verizon.net 1: LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA LEIBY' S MOBILE HOME PARK, Plaintiff VS. 12 - 3165 SHAWN RUPP, an adult individual, and MELISSA WYLAND, an adult individual, CIVIL ACTION - LAW Defendants PRAECIPE TO LIFT SUPERSEDEAS TO: David D. Buell, Prothonotary Cumberland County Courthouse Carlisle, PA 17013 Kindly lift the supersedeas in accordance with paragraph F of the December 10, 2012 Order of Court for failure of Defendants to pay the monthly lot rent, sewer, water, trash, and extra occupancy fee on or before the 18th day of each month. May 2 Y , 2013 By: Andre C. Sheely, Esquir Pa. ID No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Plaintiff/Petitioner Leiby' s MHC, LLC �}�� a6 3 CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Praecipe to Lift Supersedeas upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Amy Hirakis, Esquire Mid-Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 May i 2013 &a2 Andrew C. Sheely, ire