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13-1247
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) WILLIAMS GROVE ASSOCIATES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. 13 — 1247 CIVIL TERM ri VANESSA DATTOLI, CIVIL ACTION - EJECTMENT �� N 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 ( 717 ) 249-3166 By: ,� 0 S NDREW C. SHEELY, e Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 ( 717 ) 697-7050 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) WILLIAMS GROVE ASSOCIATES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. 13 — 1247 CIVIL TERM VANESSA DATTOLI, CIVIL ACTION - EJECTMENT Defendant COMPLAINT Plaintiff, Williams Grove Associates, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint and respectfully states as follows: 1. Plaintiff is Williams Grove Associates, a Pennsylvania Limited Partnership with a principal place of business at 20 Erford Road, Ste 215, Lemoyne, PA 17043 2 . Defendant is Vanessa Dattoli, an adult individual with a last known address of 1550 Williams Grove Road, Lot 104 , Mechanicsburg, Cumberland County, Pennsylvania, 17055 . 3 . Plaintiff is the owner of a manufactured home community known as Williams Grove Mobile Home Park, located at 1550 Williams Grove Road, Mechanicsburg, Pennsylvania. 4. Plaintiff believes and therefore avers that Defendant is the owner of 1968 Skyline 12 * 70 manufactured home, Serial Number 104SP332P which is currently located at Lot 104 in Plaintiff 's manufactured home community. 5 . Plaintiff and Defendant were parties to a written lease agreement and rules and regulations dated February 10, 2009, a copy of such lease is attached hereto as Exhibit "A" . 6 . The written lease, rules and regulations require a monthly lot rent of $290 . 00 per month. 7 . The written lease, rules and regulations require a pet fee of $10. 00 per month per pet. 8 . The written lease, rules and regulations require a water fees of $20. 75 per month, plus an additional water fee of $ . 00695 for water usage above 1,000. 00 gallons. 9 . The written lease, rules and regulations require a water and sewer charge of $47 . 75 per month. 10 . The written lease, rules and regulations authorize certified mail fees of $20. 00 per certified letter, and court collection fees at $60. 00 11. Defendant failed to pay reasonable lot rent payments required by the lease agreement from January 1, 2013 through the present date and an amount of $870. 00 is due Plaintiff. 12 . Defendant has failed to pay reasonable water and sewer bills from January 1, 2013 through the present date, and an amount of $205. 54 is due Plaintiff. 13 . Defendant has failed to pay trash bills from January 1, 2013 through the present date, and an amount of $37.50 is due Plaintiff. 2 14 . Defendant has failed to pay pet fee bills from January 1, 2013 through the present date, and an amount of $60 . 00 is due Plaintiff . 15 . Defendant has failed to pay late fees from January 1, 2013 through the present date, and an amount of $117 . 30 is due Plaintiff. 16. Defendant has failed to reasonable collection and filing fees from January 1, 2013 through the present date, and an amount of $194. 00 is due Plaintiff. 17 . After repeated demands, Defendant has refused to make payments for lot rent, water and sewer bills as outlined above and an amount of $1,489.56 is due Plaintiff, together with filing costs . COUNT 1 . - EJECTMENT 18 . Paragraphs 1 - 17 are hereby incorporated herein as if set forth at length. 19 . Defendant currently is using Plaintiff ' s property to live, store and maintain the above-referenced manufactured home without complying with the signed lease agreement. 20 . Defendant has refused to comply in full with the signed lease agreement, rules and regulations tendered by Plaintiff to permit Defendant' s lawful occupation of the lot in the Plaintiff' s manufactured home community. 21. Defendant thereby is unjustly retaining the use of 3 Plaintiff ' s real property from January 2013 and continues to unjustly retain the use of Plaintiff ' s real property. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment for ejectment in favor of Plaintiff against Defendant and direct that Defendant immediately remove the manufactured home and Defendant' s personal property from Plaintiff ' s property, plus costs. COUNT 2. - CIVIL TRESPASS 22 . Paragraphs 1 - 21 are hereby incorporated herein as if set forth at length. 23. Defendant has refused to pay reasonable lot rent and charges in the amount of $391 . 71 per month from January 1, 2013 through the date of filing this complaint. 24 . As a result of continually maintaining the manufactured home on lands owned by Plaintiff, Defendant has deprived Plaintiff of the full use and enjoyment of Plaintiff's property. 25 . As a result of continually maintaining the manufactured home on lands owned by Plaintiff, Defendant has deprived Plaintiff of the reasonable rents and profits derived from the use and rental of Plaintiff ' s property. 26. Defendant has no lawful right to store, live in or maintain his manufactured home on Plaintiff's property without complying with the current lease agreement, rules and regulations. 4 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant, and against Defendant for money damages and lost profits in an amount of one thousand four hundred eighty-nine dollars and fifty-six cents ( $1, 489.56) , an amount requiring compulsory arbitration, and additional amounts accruing thereafter, together with costs of this action, and accruing lot rents. COUNT 3. - UNJUST ENRICHMENT 27 . Paragraphs 1 - 26 are hereby incorporated herein as if set forth at length. 28 . Defendant has been unjustly enriched in the amount of one thousand four hundred eighty-nine dollars and fifty-six cents ( $1,489 .56 ) , for failing to pay Plaintiff reasonable lot rent, water, sewer, trash and utility related services provided by Plaintiff. 29. Defendant has been unjustly enriched in the amount of one thousand four hundred eighty-nine dollars and fifty-six cents ( $1, 489.56 ) to the detriment of Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant and enter an award in favor of Plaintiff and against Defendant for money damages and lost profits in an amount of one thousand four hundred eighty-nine dollars and fifty-six cents 5 ( $1,489.56 ) , and additional amounts accruing thereafter, an amount requiring compulsory arbitration, plus costs. COUNT 4. — BREACH OF AGREEMENT 30 . Paragraphs 1 - 29 are hereby incorporated herein as if set forth at length. 31. Defendant has failed to pay any lot rents in accordance with the lease agreement attached hereto as Exhibit "A" since January 1, 2013 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant and enter an award in favor of Plaintiff and against Defendant for money damages and lost profits one thousand four hundred eighty-nine dollars and fifty-six cents ( $1,489 . 56 ) , together with any additional accruing unpaid rents and amounts due, an amount requiring compulsory arbitration, plus costs. Respectfully submitted, Date: March ,26 2013 4,,� �? And ew C. Sheely, u' Attorney for Plaintiff Williams Grove Associates 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely @verizon.net 6 Exhibit"A" MOBILE HOME PARK LEASE THIS LEASE AGREEMENT, made the day of between Williams Grove Associates in the county of Cumberland, herein design ed as the Lessor, and -)IJ-22/2 14/ ZM� herein designated as Lessee; WITNESSETH THAT, Lessor does hereby lease to the Lessee and the Lessee does hereby rent from the Lessor,the following leased premises: Lot No. L situated Williams Grove Mobile Home Park, 1550 Williams Grove Road, Moproe Townshin Cumberland County, Mechan16;&rt( Perm"ania, for a term of one (1) month commencing Z25�_ Z)�I-Y 4-,&k7 9' and ending M42 oLZ& Z to be used and occupied only for residential purposes, and for no other purpose;to be renewed for a period one man thereafter and so on from month to month. UPON THE FOLLOWING CONDITIONS AND COVENANTS: 1. The Lessee covena is and agrees to pay to the Lessor,as rent for and during the term hereof,the base sum of 2r computed as follows: Monthly rental for space Pet Fee(maximum two) Water Fees(1000 gallons) $T14.75 Additional water fees(after 1000 gallons/mo) .00695 per gallon Sewerfrrash Fees $ 42.00 Total Monthly Rent $ &&� 1 By payment of the sum of$ -_��5 &, ,-2:�_each an every d eve month commencing with the 10th day of th4Land payable on the 10th day of each month thereafter.Rent is to be paid at the office of Lessor. In addition to the rental essee shall pay such other fees, charges and assessments as set forth in the Rules and Regulations. All such other fees, charges and assessments if not paid within the required time will be considered as rent in arrears including any collection or attorney's fees charged for default for non-payment of rent when due and default for failure to perform any duty of obligation imposed upon Lessee by this lease which includes a$50.00 fee for each and every time court action is commenced against a Lessee for either non- payment of rent or violation of rules and regulations and will be considered as rent. 2. The Lessee shall take good care of the premises and shall maintain the premises in good condition and upon vacating the premises shall deliver the rented premises in good order and condition. 3. The Lessee agrees to and shall save, hold and keep harmless and indemnify the Lessor from and for any and all payments, expenses, costs, attorney fees and from and for any and all claims and liabilities for losses or damage to property or injuries to persons occasioned wholly or in part by or resulting from any act or omissions by the Lessee or the Lessee's guest, licensees, invitees, or for any cause of reason whatever arising out of or by reason of the occupancy by the Lessee. 4. Occupants. Tenant and Landlord agree the following persons and no other will occupy the leased premises: Name Age Relationship YfiIT6,qh A197-11111 J///)J ,7� A9 ,6eAl Lessee and Landlord acknowledge that the rental as computed in Paragraph I is based on the occupants above set forth. Any additional occupants must be approved by Lessor and the rental adjusted accordingly. If over the age of 18, any additional occupants must complete an application for occupancy and be approved by management prior to moving into the mobile home. 5. Permitted Structures. Lessee agrees to place on said Leased Premises the following mobile home of a size and design meeting the standards set from time to time in Lessor's rules, and Lessee agrees not to place or construct thereon any other structures or addition of any kind except as hereinafter provided. The Leased Premises shall be used only for' private residential purposes,excluding any use in connection with any business,profession,trade or craft. Make: Year: Col/o Size: Serial No— ZZ 6. Lessee may not,without written consent of the Lessor, sublet the premises or any portion or part thereof. 7. If the premises shall be taken under eminent domain or condemnation proceedings, or if the Lessor conveys the said premises to any governmental authorities seeking to take said premises, or if there is a change in use of the park land, or parts thereof or termination of the park,then this lease, at the option of the Lessor, shall terminate and the term hereof shall end as of such date as the Lessor shall fix by notice. Lessee shall have no claim or interest in the compensation received by Lessor for such taking. 8_ If the Lessee shall fail to comply with any conditions and covenants hereof, the Lessor may perform such conditions and covenants, at the cost and expense of the Lessee, and the said cost and expense shall be added to the next installment of rent and shall,be payable as such. 9. All goods and personal property of any kind in or upon the leased premises all be the sole responsibility of the Lessee, and in no event shall Lessor be liable for any loss or damage to said goods or property for any reasons whatsoever. 10. Lessee agrees to maintain liability and flood insurance covering the leased premises, and Lessee agrees that Lessor shall not be liable for injury to persons or damage to or loss of property occurring in, upon or about the leased premises and further agrees to indemnify and save harmless Lessor from and against connection with claims for damages as a result of injury or death of any person or property, damage to any property which may arise frorWor in any manner grow out of any act or conduct on or about the leased premises and the mobile home park by Lessee, Lessee's agents, guests, invitees, contractors and subcontractors. 11. Any equipment, fixtures, goods or other property of the Lessee not removed by the Lessee upon any quitting,vacating or abandonment of the premises by the Lessee, or upon the Lessee's eviction, shall be considered as abandoned and the Lessor shall have the rights,without any notice to the Lessee,to sell or otherwise dispose of the same at the expense of the Lessee and shall not be accountable to the Lessee for any part of the proceeds of such sale, if any. 12. The various rights and remedies of the Lessor expressed herein are cumulative and the failure of the Lessor to enforce any such right or remedy at any time against the Lessee shall not constitute a waiver thereof. 13. The Lessee shall conform to all Rules and Regulations made by the Lessor for the use and government and management of this mobile home parts to protect the entire premises of the Lessor and to further the general comfort and welfare of all of the occupants, which Rules and Regulations, any changes thereto hereafter adopted, are attached hereto and incorporated herein by reference, and made a part of, and are covenants and conditions of this lease, the same as if fully set forth herein. Lessor shall furnish Lessee with notice of all changes in said Rules and Regulations, Lessee acknowledges receipt of a copy of such Regulations concurrent with execution of this lease. 14. The following shall constitute a default of Lessee: (a) Non-payment of rent when due (b) Failure to perform any duty of obligation imposed upon Lessee by this lease,specifically including such duties and obligations as set forth in the Rules and Regulations attached hereto, not cured during a period of five(5) days after written notice thereof has been given by Lessor. 15.Attached hereto and made a part hereof is a copy of a NOTICE required by Pennsylvania Act 261 of 1976. If any conflict exists between provisions of Act 261 or the NOTICE, and provisions of this lease, the Act and NOTICE control. Lessee acknowledges receipt of a copy of the NOTICE concurrent with the execution of this lease. 16. Lessee shall, upon execution of this lease,deposit with Lessor as security for the performance of all the terms, covenants and conditions of this lease, a sum in the amount of$100.00,to be retained by Lessor until the end of the original term and any extended terms of this lease. Upon termination of this lease, by default or otherwise, the deposit shall be returned to Lessee,less any charge for damage to the leased premises, rent arrearage,or charges treated as rent arrearage. 17. If Lessee continues in possession of said premises after expiration of said term,such holding over may be deemed a renewal of this lease agreement on a month-to-month basis and subject to all conditions and covenants herein contained, except that the Lessor reserves the right to increase the rent upon thirty(30)days advance notice thereof. 18. The lease,and the aforesaid Rules and Regulations,constitute the entire agreement between the parties and same if not subject to any oral modification. Further, this lease agreement shall be legally binding upon the parties hereto, and their respective heirs,successors,and assigns. If any information provided by the Lessee,whether by way of background financial or otherwise,which has induced the Lessor to enter into this lease, is found by the Lessor to be false,the lease shall, at the option of the Lessor and upon notice to the Lessee,be null and void and the Lessee shall be considered a trespasser. 19. Lessee hereby waives the usual notice to quit and agrees to surrender the premises at the expiration of said term,or the termination of this lease for whatever reason,forfeiture or otherwise without notice from Lessor whatsover. If proceedings shall be commenced by Lessor to recover possession of the premises, either at the expiration of the term or earlier termination of the lease, or for non-payment of rent,or for violation of Rules and Regulations,or for any other reason, Lessee specifically waives the right to twenty (20) or thirty (30) days notice or any other notice required under the Landlord and Tenant Act of 1951 as amended,and agrees that no notice whatsoever shall be required. IN WITNESS WHEREOF, the parties, or their authorized representatives, have hereunto set their hands and seals the day and year first above written. BY S, or or Ma sor BY Lessee BY Lessee ACT NO.261 IMPORTANT NOTICE REQUIRED BY LAW "THE RULES SET FORTH BELOW GOVERN THE TERMS OF YOUR LEASE OR OCCUPANCY AGREEMENT WITH THIS MOBILE HOME PARK THE LAW REQUIRED ALL OF THESE RULES TO BE FAIR AND REASONABLE." "YOU MAY CONTINUE TO STAY IN THIS PARKAS LONGAS YOU PAYYOUR RENTAND OTHER REASONABLE FEES,SERVICE CHARGES AND ASSESSMENTS HEREINAFTER SET FORTH AND ABIDE BY THE RULES OF THE PARK ENTRANCE AND EXIT FEES MAY NOT BE CHARGED. INSTALLATION AND REMOVAL FEES MAY NOT BE CHARGED W EXCESS OF THE ACTUAL COST TO THE MOBILE HOME PARK 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 THE FOLLOWING REASONS: (1)NON-PAYMENT OF RENT. (2)A SECOND OR SUBSEQUENT VIOLATION OF THE RULES OF THE MOBILE HOME PARK OCCURRING WITHIN A SIX-MONTH PERIOD. (3)IF THERE IS A CHANGE IN USE OF THE PARK LAND OR PARTS THEREOF. (4)TERMINATION OF THE MOBILE HOME PARK" "YOU SHALL ONLY BE EVICTED IN ACCORDANCE WITH THE FOLLOWING PROCEDURE: (1)A RESIDENT SHALL NOT BE EVICTED BY ANY SELF-HELP MEASURE. (2) PRIOR TO THE COMMENCEMENT OF ANY EVICTION PROCEEDING, THE MOBILE HOME PAR WRITING OF THE PARTICULAR BREACH OR VIOLATION OF THE LEASE OR PARK RULES AND REGULATIONS BY CERTIFIED MAIL (a)IN THE CASE OF NONPAYMENT OF RENT,THE NOTICE SHALL STATE THAT EVICTION PROCEEDING MAY BE COMMENCED IF THE MOBILE HOME RESIDENT DOES NOT PAY THE OVERDUE RENT WITHIN 20 DAYS FROM THE DATE OF SERVICE IF THE NOTICE IS GIVEN ON OR AFTER APRIL 1 AND BEFORE SEPTEMBER 1,AND 30 DAYS.IF GIVEN ON OR AFTER SEPTEMBER 1 AND BEFORE APRIL 1 OR AN ADDITIONAL NONPAYMENTOF RENT OCCURRING WITHIN SIX MONTHS OF THE GIVING OF THE NOTICE MAY RESULT IN IMMEDIATE EVICTION PROCEEDING. (b)IN THE CASE OF A BREACH OF THE LEASE OR VIOLATION OF THE PARK RULES AND REGULATIONS,OTHER THAN NONPAYMENT OF RENT,THE NOTICE SHALL DESCRIBE THE PARTICULAR BREACH OR VIOLATION.BY THIS SECTION, AND-UPON A SECOND OR SUBSEQUENT VIOLATION OR BREACH OCCURRING WITHIN SIX MONTHS,THE MOBILE HOME PARK OWNER MAY COMMENCE EVICTION PROCEEDINGS AT ANY TIME WITHIN 60 DAYS OF THE LAST VIOLATION OR BREACH." "YOU SHALL- NOT BE EVICTED WHEN THERE IS PROOF THAT THE RULES AND REGULATIONS YOU ARE ACCUSED OF VIOLATING ARE NOT ENFORCED WITH RESPECT TO THE OTHER MOBILE HOME RESIDENTS OR NONRESIDENTS ON THE PARK PREMISES-" "IN ADDITION,NO EVICTION PROCEEDING FOR NONPAYMENT OF RENT MAYBE COMMENCED AGAINST YOU UNTIL YOU HAVE RECEIVED NOTICE BY CERTIFIED MAIL OF THE NONPAYMENT AND HAVE BEEN GIVEN'TO PAY THE OVERDUE RENT 20 DAYS FROM THE DATE OF SERVICE IF THE NOTICE IS GIVEN ON OR AFTER APRIL 1 AND BEFORE SEPTEMBER 1,AND, 30 DAYS IF GIVEN ON OR AFTER SEPTEMBER 1 AND BEFORE APRIL 1.HOWEVER,ONLY ONE NOTICE OF OVERDUE RENT IS REQUIRED TO BE SENT TO YOU DURING ANY SIX-MONTH PERIOD. IF A SECOND OR ADDITIONAL VIOLATION OCCURS WITHIN SIX MONTHS FROM THE DATE OF THE FIRST NOTICE, THEN EVICTION PROCEEDINGS MAY BE IMMEDIATELY STARTED AGAINST YOU" "YOU ARE ENTITLED TO PURCHASE GOODS OR SERVICES FROM A SELLER OF YOUR CHOICE AND THE PARK OWNER SHALL NOT RESTRICT YOUR RIGHT TO DO SO "IF YOU DESIRE TO SELL YOUR MOBILE HOME,THE MOBILE HOME PARK OWNER MAY NOT PREVENT THE SALE AND MAY NOT CLAIM ANY FEE IN CONNECTION THEREWITH, UNLESS THERE EXISTS A SEPARATE WRITTEN AGREEMENT. HOWEVER,THE MOBILE HOME PARK OWNER MAY RESERVE THE RIGHTTO APPROVE THE PURCHASER AS A RESIDENT IN THE MOBILE HOME PARK" "ENFORCEMENT OF THE MOBILE HOME PARK RIGHTS ACT IS BY THE ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA OR THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE MOBILE HOME PARK IS LOCATED.YOU MAY ALSO BRING A PRIVATE CAUSE OF ACTION.IF YOUR RIGHTS ARE V! qLATM,YOU MAY NTACT THE STATE BUREAU OF CONSUME9 PROTECTION OR YOUR LOCAL DISTRICT ATTORNEY" Date: (SEA-) eM (SEAL) Resident (SEAL) Resident WILLIAMS GROVE MOBILE HOME PARK MECHANICSBURG,PA MOBILE HOME PARK RULES AND REGULATIONS Registration/Rent 1. Rent must be paid on or before the 10"'of each month and must be paid in advance. A 100%late fee will be assessed on rent and utility charges if not paid by the 15"'of the month.(post mark on envelope will determine date). Any payments received will first be applied towards any delinquency. 2. Other charges,in addition to the rental charge, are as follows: (a) Pet Fee:$10.00 per month per pet. (b) Security Deposit: $100.00 (c) Returned Check Charge:$25.00 (d) Late fee: 10%(if rent is not paid by the 15th of the month.) (e) Additional vehicles in excess of two: $15.00 per month per vehicle (f) Prevailing water,sewer and trash rates (g) A fee of$16.00 will be charged if certified letters are written due to rule violations or non-payment of rent (h) $50.00 fee will be charged if court action is necessary to collect delinquent rent of enforce the Rules and Regulations and will be considered as rent in arrears if not paid. () $125.00 fee will be charged if management and/or locksmith are present at any eviction and will be considered as rent in arrears if not paid. The foregoing fees,charges,or assessments are applicable on a monthly basis and may be increased upon giving of a thirty(30)day's notice and will be considered as rent in arrears if not paid on time. 3. Subletting or renting the premises or any portion or part thereof is prohibited unless written permission is obtained from Management. 4. When selling a mobile home,which will remain in the park,park owner approval of the intended buyer is required prior to sale. A buyer without park approval will not be considered a resident and the mobile home will have to be removed from the park immediately. A new buyer must provide to management a copy of the certificate of title to the mobile home they are purchasing and a copy of the paid real estate tax receipts. The current owner of the mobile home must notify management in writing that they are selling their home and must continue to pay on a timely basis any monies due for lot rent regardless of whether the home is occupied or vacant. No home may be removed from the property until all rent is paid and a removal permit is obtained from the local taxing authority. 5. Only one(1)family is allowed per home. A family is designated as a maximum of four(4)people for a 2-bedroom and a maximum of six(6)people for a 3-bedroom home. Said occupancy level is considered reasonable per HUD under the Fair Housing Act. 6. Resident is responsible for complying with any and all ordinances and requirement.of any governing body pertinent with the location of the mobile home park. Any violation of the ordinances or requirements will be considered a violation. Appearance of Lot and Home 1. Lot must be kept neat and orderly at all times. 2. Mobile homes must have a good appearance at all times. If the outside appearance of the mobile home is faded,dirty,or the paint is peeling,Resident will be responsible for either washing,painting or re-siding their mobile home. When painting or re-siding their mobile home,Management must approve the color. 3. Any windows or doors on the mobile home or shed must be kept in good condition. Any windows or doors that need repaired or replaced will be the responsibility of the Resident. 4. Storage is not allowed on the patio or around the home. The patio must be maintained in good condition. 5. Home must be completely skirted(within 30 days for new residents)with vinyl skirting. When upgrading the skirting on existing homes in the park,vinyl skirting must be used. 6. Lawns must be mowed,trimmed,and raked_ Any shrubbery,bushes, plants,or trees must be trimmed. 7. No form of advertising permitted on lot except properly installed"For Sale"signs. 8. Do not obstruct or accumulate on any sidewalk,yard,driveway,or street,any debris,trash,refuse,snow or ice,or children's toys. 9. T.V.antennas constructed on standard poles may not exceed 20 feet or self-supporting towers may not exceed 35 feet. No guy lines allowed. No satellite dishes will be allowed measuring over 36 inches. 10. Installation of awnings,skirting,storage buildings,steps or enclosures must have written park owner approval. When applicable, building permits must be obtained from the local governing body. 11. Only proper outdoor furniture is allowed on patio or lot such as patio chairs, patio tables,grills,etc. 12. Fuel tanks and sheds must be kept painted and free of rust and must not leak. Management must approve the color. Management reserves the right to inspect any fuel oil tanks at any time for violations,and,if a violation should occur,the resident will be required to remove said fuel oil tank(s). Resident/Mobile homeowner will also be responsible for any and all costs involved in any clean up of any hazardous material caused by leakage of their fuel oil tank(s)including but not limited to administrative costs incurred by the park owner. Any Resident/Mobile Home Owner who maintains a fuel oil tank(s)must supply to park owner a copy of their homeowner's policy that states they have sufficient coverage to pay for any and all costs involved in clean up of hazardous materials caused by leakage of their fuel oil tank(s). All fuel oil tanks must be a 275-gallon,12 gauge,horizontal tank with 9"legs placed on two(2)4"x8"x48"lintels. Resident is required to have their fuel oil supplier/service company inspect the fuel oil tank on a quarterly basis. 13. No fences may be erected without the permission of Management and as stipulated in CREEKS AND LAKES. Any fence that is erected upon permission of Management will be per specifications required by the Owners.Current specifications require that any fence erected must be a chain-link composition and installed by a reputable contractor. 14. Trash containers must be stored at rear of home. Trash bags must not be stored outside. Container s should be placed along the street at the edge of the lawn for pick-up the night before the regularly scheduled trash day. 1 15. Clotheslines are prohibited,but one circular clothes tree located at rear of home is permitted. 16. House numbers must be on the street side/front of the mobile home. 17. New homes coming into the park must have a detachable hitch and the proper tie-downs required by the manufacturer. 18. Only manufactured awnings are allowed and must be the length of patio and are anchored correctly per Township Ordinances. 19. Only one(1)shed is allowed and must be factory manufactured.The shed must be sturdy, have a good appearance,and be properly anchored and set-up according to"flood-proofing'requirements. Maximum size 10'x 12',minimum size 8'x 8'and maximum height at center V. The shed must be located at rear of patio and be in good condition including the roof and be free of rust,rotted wood and painted. Management must approve the color. 20. Cement blocks will not be permitted to be used as steps into a mobile home.Only standard,sturdy stairs containing handrails and balliisters will be permitted and must be maintained and painted at all times(Management must approve color). The correct steps must be installed at each entrance/exit door of the mobile home. 21- All window air conditioners must be properly installed and correctly supported.Positively no props to the ground will be permitted. 22. Children's playground equipment(swing sets,etc.)are not permitted unless home owner provides to Management an insurance certificate waiving any liability on Owner or Management's part if any injury or death should occur to person(s) using such equipment,and,there is sufficient space to erect or install such equipment. 23. Axles,wheels and hitches must remain under home and cannot be sold to any one for recycling or any other use. Pets 1. Only two(2)small dogs or cats(maximum weight must not exceed 35lbs when fully grown)or one(1)larger dog(maximum weight must not exceed 70lbs when fully grown)are permitted. House pets may be kept only with permission of the park owner and must be registered at the park office. The pet fee is$10.00 per month per pet and shall be treated as rent in arrears if not paid with and as a part of the monthly rental payment. Any Resident who owns a pet that lives solely wilthin the home and does not leave the home at all times will not be required to pay the monthly pet fee. Pets must be removed from the premises if the following rules are not observed: (a) Pets must not be a nuisance or menace to other residents. (b) Excessive barking is not permitted. (c) Pets may not be tied out when owner is not home,and may not be tied outside when owner is home for more than a one (1)hour period.Pets may not be tied outside in an area that interferes with other resident's rights. (d) Owner must clean up after their pets immediately and dispose of said debris in proper trash containers. (e) Pets should be kept inside the home and not allowed to run loose. (f) Dog boxes or pens are prohibited. (g) No animal orpet which has displayed a propensity to attack either human beings or animals without provocation and no dog which has been determined to be a"dangerous dog'shall be permitted in the Paris for any purpose or at any time whatsoever,as any such animal or pert shall be considered an"aggressive animal"for these purposes and shall not be permitted in the Park. (h) Rottweilers,Chows, Dobermans,Charpeis, Dalmations, Pitbulls and German Shepherds are not allowed. Lawns and Water 1. Lawns must be mowed, trimmed and raked. Shrubbery, bushes, plants and trees must be trimmed. If this regulation is not observed management will accomplish the mowing/trimming and bill the resident a minimum of$75.00. 2. To avoid damage to utility service,no digging in the ground or planting of shrubbery is permitted without permission from park management. 3. Anything planted in the ground on the mobile home lot,whether such planting is accomplished by the management or by the resident,shall be considered the property of the park. A resident moving from the park will not be permitted to remove trees, bushes,plants or shrubbery. 4. Garden hoses/sprinklers may be used to water shrubbery and flowers. Watering lawns,washing cars and washing of mobile homes is permitted except during water curtailment periods established by local,state or federal agencies. 5. Children's swimming and wading pools are not permitted due to the Water Rationing Plan for the Park. 6. No standing water is allowed in any outside containers due to possible West Nile virus infections. Liability 1. Park owner shall not be liable for any damage or injury which may be sustained by resident or any other person, as a consequence of the failure,breakage,leakage,or obstruction of the water,sewer,waste or soil pipes,or the electrical,gas or oil system;or by reason of the elements;or resulting from the carelessness,negligence or improper conduct on the part of any other resident or the resident's agents, guests, licensees, invitees, sublessees, assignees or successors; or attributable to any interference with,interruption of or failure,beyond the control of the park owner,or any services to be furnished or supplied by the park owner. Resident is required to obtain the necessary property, fire, casualty, liability and flood insurance against these contingencies. 2. Park owner is not responsible for damage,injury or less by accident,theft,fire,malicious mischief,or acts of God,to either the property or person of any resident or guest and resident assumes all such risk. 3. Eviction and residents rights: A mobile home resident or occupant may not be evicted therefrom, or charged fees, services charges or assessments, except in accordance with the procedures set forth in the"MOBILE HOME PARK RIGHTS ACT"as amended,and in accordance with the following rules and regulations. 4. Park owner shall not be liable for any damage or injury that may be sustained by resident or any other person as a consequence of the failure of fire and smoke detection equipment. All Residents are responsible for supplying and maintaining two(2)fire/smoke detectors units in their home and one(1)fire extinguisher. 2 Traffic and Vehicles 1. Posted speed limit is 10 MPH in the park.Reckless driving is prohibited. 2. Parking is permitted only in spaces provided. Parking on lawns and patios is prohibited. Parking in front of other resident's homes or vacant lots is prohibited unless permission is obtained from other residents or Management. 3. Automobiles must have current inspection and license sticker to be parked in park. 4. No parking of trucks larger than 1/2 ton is allowed.No truck cabs are allowed. 5. Parking of immobilized or disabled vehicles is prohibited in or on the premises.Residents may make minor repairs on vehicles,but the placing of the vehicle on jacks or blocks, or performance of major repairs, or the draining of crankcases and radiators is prohibited. 6. Overnight parking of commercial vehicles is prohibited except under special permission from the management. 7_ Operation of non-conventional vehicles(mini-bikes,dune buggies,snowmobiles,go-karts,ATV,motorized scooters&Three/Four Wheelers,mopeds)within the park is prohibited. Storage is permitted as long as the vehicle is out of sight. 8. Parking and storage of boats,boat trailers,tent campers,pick-up camper bodies,snow mobiles on/off trailers,motor homes,and any and all other recreational vehicles will be permitted only on resident's parking space. Parking of such vehicles on lawns and patios and in front of other lots is prohibited. 9. Only licensed drivers with valid licenses are permitted to operate motor vehicles in the park. 10. Excessively noisy or"HOT"automobiles or motorcycles,or revving of engines will not be permitted. 11. Two(2)vehicles are permitted per lot and must be registered at the park office. Management will assign all parking spaces. Management must approve any other parking of additional vehicles and additional fees must be paid. Creeks and Lake: This whole mobile home park is on what is considered two peninsulas(surrounded on three sides by water)with the main stream known as the Yellow Breeches Creek. The creek flowing into and out of the lake is known as the back creek or a branch of the main stream. The stream to the south is an old millrace and is also part of the main stream. These streams have a normal flow of 3 to 8 mph and they are from 12'to 36"deep. All of these depths and currents will increase with heavy rains and snow run off. Pennsylvania Forest and Waters Board class this as a Number I stream. It is fed entirely by spring water. 1. Do no throw anything whatsoever into any of these streams or lake. This includes sticks,bottles,stones,leaves,paper,etc. The State Pure Stream Lawn forbids anything to be in or caused to be infiltrated into their Class I streams. 2. Any tenant or guest with children under five(5)years of age must fence in their PATIO ONLY if they have a home site directly fronting any of these above-described streams or lake. These fences must be erected under the supervision of Management. No other fences are allowed. 3. Management or Owner will not be responsible for any bathing or swimming in any of these streams or lake. This lake was built to beautify the mobile home park and not as a swimming pool. 4. Tenants must have a fishing license to fish in any stream of body of water in Pennsylvania. Tenants are not allowed to fish from neighbors or other lots without permission from the tenant occupying such water front lot. Flooding: 1. Williams Grove Mobile Home Park is considered to be in a FEMA designated floodway. The potential threat of flooding resulting in possible damage to personal and real property may occur. 2. Flood insurance coverage can be obtained through the Resident's own insurance agent or the National Flood Insurance Program. Owners of any mobile homes placed in the Park on or after March 25, 2004, are required per Monroe Township to obtain and maintain flood insurance. Any such owner must provide proof of flood insurance to Monroe Township and the Park Owner when applying for a building permit to move their mobile home into the Park and must provide proof of renewal of said flood insurance coverage to the Park Owner between January 1 and January 15 of each and every year.Owners of mobile homes place in the Palk prior to March 25,2004,are not required per Monroe Township to cant'flood insurance, but, it is strongly recommended that these owners obtain and maintain flood insurance to insure their mobile homes and personal property against this contingency. 3. Management or Owner will not be responsible for any damage caused to personal or real property if flooding occurs in the Park and reserves the right to disconnect the-water,sewer and eiectricat services provided to all Residents if flooding occurs and shut off fuel oil or propane tanks that service Resident's heating/cooking source. 4. Any fuel tanks (oil or propane), sheds, porches, decks, and steps placed on the property after March 25, 2004, shall be protected from rising floodwaters in accordance with FEMA requirements and the design of this protection shall be certified by a professional engineer. General 1. Residents must assume the following responsibilities associated with personal property(s) or person(s) in connection with occupancy_ (a) Maintain tight sewer/septic drains. If the sewer/septic line is clogged through resident's negligence,resident will be billed for the repairs. Do not flush anything this is not soluble down the commode or any drain (i.e. diapers, cloth, paper, sanitary napkins,plastic or rubber items or grease)_ Residents will be responsible for any cost involved in clearing of any wastewater sewer lines that is caused by Resident's improper use. (b) Maintain tight water lines and repair any leaks immediately. if any leak is detected on the outsiderinside of the home, Management reserves the right to disconnect water supplied to the home immediately until such repair is completed. If such leaks are not repaired immediately and cause damage to owner's water supply system or cause additional water/sewer costs to owner,Resident will be responsible for the cost. A reconnection fee of$125.00 will be charged as part of the rent. 3 (c) Heat tape and insulation is required around water lines,sewer lines and meters to protect from freezing and must be checked each year before winter freezing. This must extend to the valve in the ground. If the water meter or water line freezes as a result of negligence,the resident shall be charged for the replacement of the water meter and water line. Water meter must be kept operating. if they are disconnected or disabled the highest water rate in the park will be charged and will constitute a rule violation. The water will be disconnected and not turned on until the condition is repaired. The cost of reconnection of$125.00 will be charged as part of the rent. (d) Resident is responsible for the conduct and damage by his/her children or guest(s). Any resident found guilty of malicious mischief will be evicted. (e) Children are prohibited on vacant lots. Resident assumes responsibility for their children. (f) Trespassing on the lot of another resident is not permitted. (g) Loud parties are prohibited. Noise must be held to a minimum at ail times especially after 10 PM. (h) Bow and arrow,BB gun,pellet guns,paintbatl guns and air rifles are prohibited in the park. Any discharging of a firearm in the Park is prohibited. (i) Operating any type of business is prohibited in the park. (� Resident is permitted to invite such vendors as tradesmen,delivery men,or suppliers of various goods and services and to purchase such from a vendor of resident's choosing. (k) Resident must give park owner a thirty-(30)day notice effective the I e of any given month when planning to move from park. Home may not be removed from the park unless all rent fees,charges or assessments are paid to the end of the term. Notice must be in writing. (1) Resident convicted of a felony while residing in the Park shall be subject to eviction proceedings per the Mobile Home Rights Act. (m) An abandoned home left in the park for thirty days or more will be considered as personal property and may be entered by the park owner to secure any loose or movable items and moved to a storage area or other location.Park owner will not be responsible for safeguarding home or its contents. If the mobile home cannot be moved to a storage area due to its condition or lack of a storage area,it will be dismantled and disposed of accordingly. (n) A back-check valve must be installed on your water and sewer line. (o) Do not tamper with the parks electrical service(meter box,breaker,wiring,etc.)for your home.100 AMP service breaker will be provided,if necessary. Lessee is responsible for the cost of upgrading to 200 AMP service if required. A qualified electrician must do all work. (p) All homes must be equipped with a fire extinguisher and hard-wired smoke detector. (q) In the event you wish to sell your home within the park,you must notify park management. If your home was previously been cited to be in violation of any rule and regulation pertaining to the condition or any rentffees are due and owing,you must correct the violation(s)and pay all rents/fees due prior to resale of the home or the home must be removed from the park upon resale. All rent/fees must be paid to date or home cannot be transferred to the new owner. (r) Fires of any kind in the park are prohibited. (s) Fireworks or other explosives are absolutely prohibited in the park at all times. (t) Drunkenness, use of or selling of drugs, immoral conduct, including profane or abusive language, or corruption of a minor child will be grounds for eviction from the park. (u) Any behavior that disturbs and peace and tranquility of the community is prohibited. (v) Residents are requested to advise management if they are leaving their mobile home for an extended stay. Please advise management the day of departure and return. (w) Resident must pay all real estate taxes assessed against his/her home, and, upon request by the park owner, must furnish proof of payment. Management reserves the right to make additions or changes to the regulations. Violations of these regulations may make eviction necessary. Management reserves the right to enter any lot at any time and to change,without notice,the assigned space allotted for cars and the assigned size allotted for lots. If,upon request by park owner,resident fails to move his/her property,the park owner may do so at resident's risk. Resident hereby gives to the management the right to move his/her property and releases management from any and all claims or damages, ich may re ©ate: f --, .. (SEAL) esident (SEAL) Resident (SEAL) Resident 4 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. DATE: March hS , 2013 D.L. Fagan, u zed Agent 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: VANESSA DATTOLI 1550 WILLIAMS GROVE ROAD LOT 104 MECHANICSBURG, PA 17055 Date: March G' 2013 a4k�tsZ" Andrew C. Sheely, Jaqwyre