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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 C_U_M Qr ss
AFFIDAVIT: I hereb Ea (affirm)that I served
� -1342 C-iv+i
[� a copy of the Notice of Appeal, Common Pleas No.3 ,upon the Magisterial District Judge designated therein on
(date of service liS, 20 '13 , ❑ by personal service�r &'by(certified)(registered)mail,
sender's receipt attached hereto, and upon the appellee, (name) L)rn,Fb �OC1C
316 201 ❑by personal service by(certified)(registered)mail,
sender's receipt attached hereto.
(SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME
THIS 1_DAY OF fNrz� 20
Sign of cr before whom affidavit was made Signature of afnant
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y'.ndrew 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
cr. Ewa -1
VS. : 13 — 1342 CIVIL TERM
r,r3 tea, : -;
RIC BOTTORF, a/k/a RICHARD E.
co BOTTORF, JR. & BRENDA BOTTORF, : CIVIL ACTION - EJECTMENT-( ' GC:2
Husband and Wife, c=-x
Defendants •
• - • ;f 1
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NOTICE c;}
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
11►•'_
By: die /.J
N.REW C. SHEELY, Es. e
Attorney for P aintiff
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 — 1342 CIVIL TERM
RIC BOTTORF, a/k/a RICHARD E. :
BOTTORF, JR. & BRENDA BOTTORF, : CIVIL ACTION - EJECTMENT
Husband and Wife,
Defendants
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 . Defendants are Ric Bottorf, also known as Richard E.
Bottorf, Jr. and Brenda Bottorf, Husband and Wife, adult
individuals with a last known address of 810 Sherwood Road, New
Cumberland, Cumberland County, Pennsylvania, 17070.
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 Defendants
are the owner of a 1974 Sterling manufactured home, Serial
Number 13865121600 which is"''rUI ont;ly. 1bcated 'at Lot 138 in
Plaintiff's manufactured home community.
5 . Plaintiff and Defendants were parties to a written
lease agreement and rules and regulations dated October 10,
2002 , a copy of such lease is attached hereto as Exhibit "A" .
6 . The written lease, rules and regulations required a
monthly lot rent of $280 .00 pet: month trom October 10, 2011
through December 10, 2012, and as of January 10, 2013 though the
present date requires a monthly i:st rent of $290 .00 per month.
7. The written lease, rules and regulations require a
monthly base water fees of $20.75, plus an additional base water
fee of $. 00695 per gallon for water usage above 1,000 .00
gallons.
8 . The written lease, rules and regulations require a
monthly base sewer charge of $35. 25 .
9. The written lease, rules and regulations authorize
certified mail fees of $20.00 per certified letter, and court
collection fees at $60. 00.
10. As required by the lease agreement, Defendants failed
to pay reasonable monthly lot rent payments of $280. 00 for the
months of October, November, December 2011, January, February,
March, and June through December of 2012 and monthly lot rent
payments of $290. 00 for January 2013 through April 2013 and an
amount of $4,800 .00 is due Plaintiff .
11. Defendants have failed to pay reasonable water bills,
including excess water fees, from October 10, 2011 through March
10, 2012 and June 10, 2012 through the present date, and an
amount of $411. 14 is due Plaintiff .
12. Defendants have failed to pay reasonable sewer bills
from October 10, 2011 through March 10, 2012 and June 10, 2012
through the present date, and an amount of $599 .25 is due
Plaintiff.
13. Defendants have failed to pay trash bills from October
10, 2011 through March 10, 2012 and June 10, 2012 through the
present date, and an amount of $212 .50 is due Plaintiff.
14. Defendants have failed to pay late fees from October
10, 2011 through March 10, 2012 and June 10, 2012 through the
present date, and an amount of $458.39 is due Plaintiff.
15. Defendants have failed to reasonable collection and
filing fees from October 10, 2011 through March 10, 2012 and
June 10, 2012 through the present date, and an amount of $287. 64
is due Plaintiff.
16. After repeated demands, Defendants have refused to
make payments for lot rent, water bills, sewer bills, trash
bills and collection fees as outlined above and an amount of six
thousand seven hundred sixty-eight dollars and ninety-two cents
( $6,768.92 ) is due Plaintiff, together with filing costs.
3
COUNT 1. - EJECTMENT
17 . Paragraphs 1 - 16 are hereby incorporated herein as if
set forth at length.
18. Defendants currently are using Plaintiff ' s property to
sublease, store and maintain the above-referenced manufactured
home without complying with the signed lease agreement.
19. Defendants have refused to comply in full with the
signed lease agreement, rules and regulations tendered by
Plaintiff to permit Defendants ' lawful occupation of the lot in
the Plaintiff's manufactured home community.
20. Defendants thereby are unjustly retaining the use of
Plaintiff ' s real property.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter judgment for ejectment in favor of
Plaintiff against Defendants and direct that Defendants
immediately remove the manufactured home and Defendants '
personal property from Plaintiff 's property, plus costs.
COUNT 2. - CIVIL TRESPASS
21. Paragraphs 1 - 20 are hereby incorporated herein as if
set forth at length.
22 . Defendants have refused to pay" reasonable lot rents,
water, sewer, trash and related charges associated with the
occupation of Plaintiff' s real property.
4
23. As a result of continually maintaining the manufactured
home on lands owned by Plaintiff, Defendants have deprived
Plaintiff of the full use and enjoyment of Plaintiff' s property.
24. As a result of continually maintaining the
manufactured home on lands owned by Plaintiff, Defendants have
deprived Plaintiff of the reasonable rents and profits derived
from the use and rental of Plaintiff ' s property.
25. Defendants have 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.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter judgment in favor of Plaintiff and against
Defendants, and against Defendants for money damages and lost
profits in an amount of six thousand twenty-two dollars and
eighty-nine cents ($6,022 .89 ) , an amount requiring compulsory
arbitration, and additional amounts accruing thereafter,
together with costs of this action, and accruing lost lot rents.
COUNT 3. - UNJUST ENRICHMENT
26. Paragraphs 1 - 25 are hereby incorporated herein as if
set forth at length.
27 . Defendants have been unjustly enriched in the amount of
six thousand twenty-two dollars and eighty-nine cents
5
($6, 022 .89) , for failing to pay Plaintiff reasonable lot rent,
water, sewer, trash and utility related services provided by
Plaintiff.
28. Defendants have been unjustly enriched in the amount
of six thousand twenty-two dollars and eighty-nine cents
($6,022 . 89) to the detriment of Plaintiff.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter judgment in favor of Plaintiff and against
Defendants and enter an award in favor. of Plaintiff and against
Defendants for money damages and lost profits in an amount of
six thousand twenty-two dollars and eighty-nine cents
( $6,022 . 89) , and additional amounts accruing thereafter, an
amount requiring compulsory arbitrat..:on, plus 'costs.
COUNT 4. -- BREACH OF AGREEMENT
29 . Paragraphs 1 - 28 are hereby incorporated herein as if
set forth at length.
30 . Defendants have failed to pay any amounts due Plaintiff
in accordance with the lease agreement attached hereto as
Exhibit "A" .
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter judgment in favor of Plaintiff and against
Defendants and enter an award in favor of Plaintiff and against
Defendants for money damages and lost profits six thousand seven
6
hundred sixty-eight dollars and ninety-two cents ( $6,768 .92 )
together with any additional accruing unpaid rents and amounts
due, an amount requiring compulsory arbitration, plus costs.
Respectfully submitted,
1411
Date: April :3 , 2013 '� '
And ew G. Sheely, E, . ' -
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
7
'r;+ 2/2?.:? :7:39 7177911218 FAGAN ACCOUNTING PAGE 02
VgRZF XCAT I ON
verify that the statements made in this Complaint are true
and correct. I understand that uneworn statements herein are
made subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unworn falsification to authorities.
DATE: April , 2013 -�--�
D.L. Fagan, Auth ent
. .
Exhibit "A"
MOBILE HOME PARK LEASE
•
THIS LEASE AGREEMENT, made the 10th day of iCeVIA6k.. �� between
in unty of Cumberland, herein designated as the Lessor, and
herein designated as Lessee;
WITNESSETH THAT,Lessor does hereby lease to the Lessee and the Lessee does hereby rent from the Lessor,the following teased
premises: Lot No. situated WILLIAMS GROVE
Mobile Home Park, MONROE Township, CUMBERLAND County, Pennsylvania for term of one
(1) month commencing d� and ending Al DUEAiE4 9 4 2 to be
used and occupied only for residential purposes,a d for no other purpose;to be renewed for a period one month thereafter and so on
from month to month.
UPON THE FOLLOWING CONDITIONS AND COVENANTS:
1. The L see nts and agrees to pay to the Lessor,as rent for and during the term hereof,the base sum of
$ o (/0 computed as follows:
Monthly rental for space $ 0715.00
Additional occupants(exceeding ) $ -^
Pet Fee(maximum two) $
Water Fees(3000 gallons) • $ 9.75
Additional water fees(after 3000 gallons/mo) $ .0049 per Gallon
Sewer/Trash(if applicable)Fees $ 16.00
Total Monthly Base Rent $ 9O
By ment of the base sum of $ I*• each and every month commencing with the 10th day of
.7fo E/Z .'i i - and payable on the 10th day of each month thereafter.Rent is to be
paid at the office of Lessor. In addition o the rental sum,the Lessee 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.
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
•
Lessee and Landlord acknowledge,that the rental as computed in Paragraph 1 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: /y 74' Color
Size: /4X CA., Serial No /?
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 shalt
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. AS 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 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 from or 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 park 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 5100.00,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
Lessor or Agent for Lessor
BY .t, f• s', /t
VIII /
BY L74.zzelo
Lessee
•
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 PARK AS LONG AS YOU PAY YOUR RENT AND 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 IN 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 PARK
OWNER SHALL NOTIFY YOU IN WRITING OF THE PARTICULAR BREACH OR VIOLATION OF THE
LEASE OR PARK RULES AND REGULATIONS BY CERTIFIED OR REGISTERED MAIL.
(a) IN THE CASE OF NONPAYMENT OF RENT, THE NOTICE SHALL STATE THAT EVICTION
PROCEEDING MAY BE COMMENCED IF THE MOBILE NOME 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 NONPAYMENT OF 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 MAY BE 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 RIGHT TO 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 VIOLATED, YOU MAY CONTACT THE STATE BUREAU OF CONSUMER PROTECTION OR
YOUR LOCAL DISTRICT ATTORNEY."
4 ;..\J ,_
DATE: 0 SI N = ,
,.„,\ •
SIGNATURE
WILLIAMS GROVE MOBILE HOME PARK
MECHANICSBURG,PA
MOBILE HOME PARK RULES AND REGULATIONS
1. Rent must be paid on or before the 10th of the each month and must be paid in advance. A j late fee will be
assessed on rent not paid by the tenth(10th)of the month.(postmark on envelope wl determine date). If rent and
late fee(If applicable)are not received by the tenth(15th)of the month,legal action will commence.
2. Other charges,in addition to the rental charge,are as follows:
(a) Pet Fee:$10.00 per month for pets(cats and small dogs only). No pets WI be allowed in park-owned rental
homes. No fee will be charged for inside pets(See Section 1 under Pew,)
(b)Security Deposit $100.00 on lot space rentals and one month's rent for park-owned rental units
(c) Returned Check Charge:$25.00
(d) Late fee:10%(If rent is not paid by the tenth(10th)of the month.)
(e) Additional residents: $20.00 per month per person in excess of four people
(f) Additional vehicles in excess of two: $15.00 per month per vehicle
(g) A fee of$10.00 will be charged if certified letters are written due to rule violations or non-payment of rent
(h)Any unpaid monies due park owner 30 days after Resident receives a statement may be turned over to a
collection agency. Resident will be responsible for legal costs,cost of collections,court costs,and any other fees
associated with the collection of monies owed park owner
The foregoing fees,charges,or assessments are applicable on a monthly basis and may be increased upon
the giving of thirty-(30)day's notice.
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
odor to sale. A buyer without park approval MI not be considered a resident and the moble 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 four(4)people.
6. A maximum of four(4)people will be allowed to occupy a 2-bedroom home and a maximum of six(6)people will
be allowed to occupy a 3-bedroom home. Said occupancy level is considered reasonable per HUD under the Fair
Housing Act.
7. Contact perk management if additional persons establish residence in your home. If more than the permitted
number of occupants reside in your home,the rent due will be increased per Rule and Regulation#2(e)
8. Additional persons occupying the premises during any portion of the month must pay a pro-rated amount of the
additional charge.
Appearance of Lot and Home
1. Lot must be kept neat and orderly at al times.
2. Storage is not allowed on the patio or around the home. The patio must be maintained in good condition.
3. Home must be completely silted(within 30 days for new residents)with vinyl skirling. When upgrading the skirling
on existing homes in the park,vinyl skirting must be used.
4. Lawns must be mowed,trimmed,and raked. Any shrubbery,bushes,plants,or trees must be trimmed.
5. No form of advertising permitted on lot except properly installed"For Sale"signs.
6. Do not obstruct or accumulate on any sidewalk,yard,driveway,or street,any debris,trash,refuse,snow or ice,
or children's toys.
7. 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 allowed measuring over 36 inches.
8. Installation of awnings,skirting,storage buldings,steps or enclosures must have written park owner approval.
Where/when applicable,building permits must be obtained from the local governing body.
9. Only proper outdoor furniture is allowed on patio.
10. Fuel tanks and sheds must be kept painted and free of rust and must not leak Management reserves the right to
inspect any fuel of 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 end 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 of
tank(s)mot 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.
11. 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-fink composition and installed by a reputable
contractor.
12. Trash.gette,tnu pe orgd t rfter of home. Trash bags must not be stored outside. Containers should be placed
along the street at the edge of the lawn for PiCkUPItie ninTif'before the reguiarlyscheduled trastr day.
13. Clotheslines are prohibited,but one circular clothes tree located at rear of home is permitted.
14. House numbers must be on the street side/front of the mobile home.
15. New homes coming into the park must have a detachable hitch and the proper tie-downs required by the
manufacturer.
16. Only manufactured awnings are allowed and must be the length of patio and are anchored correctly per Township
Ordinances.
17. Only one(1)shed is allowed and must be factory manufactured. The shed must be sturdy, have a good
appearance,and be properly anchored properly so it Will not blow over in a windstorm. Maximum size 10'x 12',
minimum size 8'x 8'and maximum height at center 8'. The shed must be located at rear of patio.
18. Cement blocks will not be permitted to be used as steps into a mobile home.Only standard,sturdy stairs will be
permitted and must be maintained and painted at all times.
19. All window air conditioners must be properly installed and correctly supported.Positively no props to the ground
will be permitted.
20. Children's playground equipment(swing sets,etc.)are not permitted unless home owner provides to Management
an insurance certificate waiving any liabiiy on Owner or Managements 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.
21. Axles,wheels and hitches must remain under home and cannot be sold to any one for recycling or any other use.
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1. Only small dogs and cats(maximum weight must not exceed 351bs when fully grown)are permitted in resident-
owned homes. Maximum number of pets is limited to two(2)per household. 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 within 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 dean 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.
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
$45.00.
2. To avoid damage to utity 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 may be used grly to water shrubbery and flowers. Watering lawns,washing cars and washing of
mobile homes is prohibited.
5. Children's swimming and wading pools are not permitted due to the Water Rationing Plan for the Park.
Ii al>l l
1. Perk 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 sot 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 residents agents,guests,icensees,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 urged to obtain the
necessary 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 lire and smoke detection equipment Al Residents are responsible for supplying
and maintaining two(2)fire/smoke detectors units in their home and one(1)fire extinguisher.
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 1t2 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&Three/Four
Wheelers,mopeds,etc.)within the park is prohibited. Storage is permitted as long as the vehicle is out of sight
8. Parking and storage of boats,boat tracers,tent campers,pick-up camper bodies,snow mobiles on/off traders,and
any and at other recreational vehicles wit 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. No vehicle washing will be permitted in the park.
11. Excessively noisy or"HOT"automobiles or motorcycles,or revving of engines will not be permitted.
12. 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 court is on what is considered two peninsulas(surrounded on three side 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 also part of the mein stream. These streems have a normal
flow of 3 to 8 mph and they are from 12"to 38"deep. AN 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
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Laundry;
1. No one is allowed to use more than two washers and two dryers at one time.
2. Washers and dryers must be attended at all times when in use
3. Do not overload or abuse the washing machines or dryers. In case of trouble,turn the switch off on the
machine and Inform Management Immediately.
4. Rugs,carpets,heavy bed clothing and heavy wearing apparel must not be washed in the machines
5. The laundry building and equipment should be left clean and orderly for your neighbor.
6. Drying yards are to be used for drying clothes outside.
7. The doors to the laundry building will be locked at all times. Any resident that desires to use these Laundry
facilities must obtain a key from management and will be responsible for any damage or cleaning of the laundry
facilities if such should occur. If said Resident should lose their key,a$25.00 fee will be charged for replacement
of such key. Management reserves the right to close the laundry facilities at any time.
General
1. Residents must assume the following responsibilities associated with personal property(s) or person(s) in
connection with occupancy:
(a) Maintain tight sewedeeptic drains. If the sewedseptic line is clogged through residents 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). Residents will be responsible
for any cost involved in dearing of any wastewater sewer lines that Is caused by Residents improper use.
(b) Maintain tight water lines and repair any leeks immediately. If any leek is detected on the outsidelmside
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 owners water
supply system or cause additional wetedsewer costs to owner,Resident will be responsible for the cost
of same.
(c) 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.
(d) Children are prohibited on vacant lots. Resident assumes responsibility for their children.
(e) Trespassing on the lot of another resident is not permitted.
(f) Loud parties are prohibited. Noise must be held to a minimum at all times especially after 10 PM.
(0 Bow and arrow,BB gun,pellet guns and air rifles are prohibited in the park. My discharging of a firearm
in the Park is prohibited.
(g) Operating any type of business is prohibited in the park.
(h) 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.
(i) Resident must give park owner a thirty-(30)day notice when planning to move from park. Home may
not be removed from the perk unless all rent fees,charges or assessments are paid to the end of the
term. Notice must be in writing.
p) Resident convicted of a felony shall be subject to eviction proceedings per the Mobile Home Rights Act
(k) An abandoned home left in the park for thirty days or more 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.
(I) Al homes must be equipped with property installed,operable heat tape,which must extend down into the
water pit
(m) A back-check valve must be installed on your water line.
(n) Do not tamper with the parks electrical seMce(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
(o) AN homes must be equipped with a fire extinguisher and hard-wired smoke detector.
(p) 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,you must
correct the violations)prior to resale of the home or the home must be removed from the park upon
resale. All rent must be paid to date or home cannot be transferred to the new owner.
(q) Fires of any kind in the park are prohibited.
(r) Fireworks or other explosives are absolutely prohibited in the park at all times.
(s) Drunkenness,use of or selling of drugs,immoral conduct,including profane or abusive language,will be
grounds for eviction from the park.
(t) Any behavior that disturbs the peace`fend tranquility of the community is prohibited.
(u) Any violation of federal,state, or local laws and ordinances shall be a violation of these rules and
regulations.
(v) Residents are requested to advise management If they are leaving their mobile home for an extended stay.
Please advise the day of departure and return.
(w) Resident must pay all red 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. It upon request by park owner,
resident fails to move his/her property,the park owner may do so at residents risk. Resident hereby gives to the
manigamvynttheiightto-move hisiherproperty and-releasesmmagetn,ent fr_om_any and_all claims or d_emag , _,
which may result
I(WE)HAVE READ THE FOREGOING RULES AND REGULATIONS AND AGREE TO ABIDE BY ALL RULES AND
REGULATIONS AS SET FORTH. RESIDENT(S)UNDERSTAND AND AGREE THAT A VIOLATION OF THE RULES
AND REGULATIONS SHALL BE CAUSE FOR EVICTION.
D a t e R-: •-nt.
Witness Reel•- t
3
Rev. 8/00
•
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:
RIC BOTTOPF
BRENDA BOTTORF
$10 SHERWOOD ROAD
NEW CUMBERLAND, PA 17070
Date: April ,3 2013
4
A rew C. Sheely, Esq e
mom.