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HomeMy WebLinkAbout13-2236 Supreme Cour�t_iof Cour, "U. Commom Pleas For Prothonotary Use Only: C'M Sheet C� be �• • . ,�. ��,, Docket No: l. land" COUnty , j3 _ � to w � �n The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Lieby's M.H.C. Barbara Vandersloot & Matthew Dawson T Dollar Amount Requested: ©within arbitration limits I Are money damages requested? D Yes El No (check one) D outside arbitration limits O N Is this a Class Action Suit? D Yes iXi No Is this an MDJAppeal? G1 Yes D No A Name of Plaintiff /Appellant's Attorney: Karl E. Rominger, Esquire 01 Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies D Malicious Prosecution D Debt Collection: Credit Card D Board of Assessment 0 Motor Vehicle Q Debt Collection: Other 0 Board of Elections D Nuisance D Dept. of Transportation D Premises Liability F1 Statutory Appeal: Other S EJ Product Liability (does not include mass tort) F-1 Employment Dispute: E C3 Slander/Libel /Defamation Discrimination 0 Employment Dispute: Other D Zoning Board C 0 Other: Other: T I LJ Other: O MASS TORT D Asbestos N D Tobacco Toxic Tort - DES E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS D Toxic Waste CJ Ejectment D Common Law /Statutory Arbitration B 0 Other: C1 Eminent Domain /Condemnation 0 Declaratory Judgment Q Ground Rent Mandamus 19 Land] ord/Tenant Dispute Q Non- Domestic Relations M Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial0 Quo Warranto D Dental D Partition 0 Replevin Q Legal] Quiet Title Other: Q Medical D Other: Q Other Professional: Updated 1/1/2011 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 13 - d 12I 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ Matthew Dawson 09 -3 -04 Paula P. Correal CITY STATE ZIP CODE ADDRESS OF APPELLANT PA 17013 209 Key West Boulevard Carlisle DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 4/16/2003 Leibys M.H.C. v5 Barbara Vandersloot and Matthew Dawson SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT DOCKET No. MJ09304LT302013 This block will be signed ONLY when this notation is required under Pa. If appell t was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action: R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILEL operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. C -> gnatu of r tary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE S N F - Y ' (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in actiarWfo agF4bl Distri, Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. C. PRAECIPE: To Prothonotary Enter rule upon Leiby's M.H.C. appellee(s), to file a complaint in this'appeal Name of appellee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Leiby's M.H.C. appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of servit 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 mailin Date: 0 Signature of Prothonotary or Dep YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 143 -S� fool ` / AOPC 312 -05 2� APO LEIBY'S M.H.C. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MJ- 09304 -LT -30 -2013 V BARBARA A. VANDERSLOOT AND MATTEW DAWSON : CERTIFICATION OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that a true and correct copy of the within NOTICE OF APPEAL was served upon the following individuals on the below date, by hand delivering as follows: Honorable Paula P. Correal Magisterial District Court 09 -3 -04 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Leiby's MHP 7093 Carlisle Pike Carlisle, PA 17013 Dated: April 23, 2013 Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241 -6070 Supreme Court I.D. 81924 Counsel for Appellant Matthew Dawson COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ- 09 -3 -04 Leiby M.H.C. MDJ Name: Honorable Paula P. Correal V. Address: 5275 East Trindle Road Barbara A Vandersloot, Matthew Dawson Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Matthew Dawson Docket No: MJ- 09304 -LT- 0000030 -2013 209 Keywest Blvd Case Filed: 2/28/2013 Carlisle, PA 17015 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -LT- 0000030 -2013 Leiby's M.H.C. Barbara A Vandersloot Judgment for Plaintiff 04/16/2013 MJ- 09304 -LT- 0000030 -2013 Leiby's M.H.C. Matthew Dawson Judgment for Plaintiff 04/16/2013 Judgment Summary Participant Joint /Several Liability Individual Liability Amount Barbara A Vandersloot $1,776.50 $0.00 $1,776.50 Leiby's M.H.C. $0.00 $0.00 $0.00 Matthew Dawson $1,776.50 $0.00 $1,776.50 Judgment Detail ( *Post Judgment) In the matter of Leiby's M.H.C. vs. Barbara A Vandersloot; Matthew Dawson on 4/16/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $347.00 Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $1,604.66 $0.00 $1,604.66 Costs . $5.00 $0.00 $5.00 Costs $5.00 $0.00 , s .................... Server Fees $32.17 $0.00 $32.17 Server Fees $32.17 $0.00 $32.17 Filing Fees $97.50 $0.00 $97.50 Grand Total: $1,776.50 Portion of judgment for physical damages a� rising out of residential lease: $0.00 I I MDJS 315A Page 1 of 3 Printed: 04/17/2013 9:30:51 AM Leiby's M.H.C. Docket No.: MJ- 09304 -LT- 0000030 -2013: V. Barbara A Vandersloot, Matthew Dawson 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. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. 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. I Date Senior Magisterial District Judge Paula P. Correal certify that t is is a true and correct copy of the re of the proceedings co •tai ng the lu gm Date Magisterial District Judge { t MDJS 315A Page 2 of 3 Printed: 04/17/2013 9:30:51AM Leibby's Mobile Home Community LLC 7075 Carlisle Pike, Carlisle PA 17015 Phone: (717)697-1321 Fax: (717)790-0690 , x:Yw C-- . L- J b�'S"C, P IOLAY l- rf-C 7-M M CD cta �c RE: Cumberland County Court of Common Pleas Docket 13-2236 ' This complaint is being entered in response to an Appeal filed by Matthew Dawson and Barbara Vandersloot. We believe that the Landlord/Tenant Complaint rendered on 4/16/13 by District Justice Paula Correal MDJ-9-3-04, in which Leiby's MHC received judgment for the outstanding Lot Rent due to us of$1,776.50,was a fair and deserved judgment. At this point in time the unpaid lot rent has accrued to$2,404.23 and no payments have been received. Please see attached ledger of the history of this account. Thank you for your consideration of this matter. Sincerely, Beth Graves Property Manager Leiby's MHC, LLC Cc: Resident file Resident Ledger Date: 5/22/2013 Resident Code: t0003219 Property: 0130 Unit: 226 Barbara Vandersloot Status: Current 209 Key West Blvd. Rent: $ 357.00 Carlisle,PA, 17015 Deposit: $ 336.00 Move In Date: 07/01/08 Move Out Date: Due Day: 1 Tel Num(Office) Tel Num(Home) Date Description Charges Payments Balance Balance Forward 178.82 06/01/12 Base Rent(06/2012) 335.00 513.82 06/01/12 Trash Recovery(06/2012) 10.00 523.82 06/06/12 Late Charge 50.00 573.82 06/11/12 SW 04/13 to 05/12/2012 29.56 603.38 06/13/12 WB 04/13 to 05/12/2012 33.80 637.18 06/19/12 Sewer 05/12-06/12/12 29.56 666.74 06/19/12 Water: 05/12-06/12/12 39.30 706.04 07/01/12 Base Rent(07/2012) 335.00 1,041.04 07/01/12 Trash Recovery(07/2012) 10.00 1,051.04 07/01/12 water 6/12-/7/12 84.67 1,135.71 07/01/12 Sewer 06/12/2012-07/12/2012 38.39 1,174.10 07/06/12 Late Charge 50.00 1,224.10 08/01/12 Base Rent(08/2012) 335.00 1,559.10 08/01/12 Trash Recovery(08/2012) 10.00 1,569.10 08/06/12 Late Charge 50.00 1,619.10 08/20/12 Water 07/12/12-08/12/2012 108.94 1,728.04 08/22/12 Sewer 07/12/2012-08/12/2012 48.79 1,776.83 08/22/12 Sewer 07/12/2012-08/12/2012 38.39 1,815.22 09/01/12 Base Rent(09/2012) 347.00 2,162.22 09/01/12 Trash Recovery(09/2012) 10.00 2,172.22 09/06/12 Late Charge 50.00 2,222.22 09/26/12 Courtesy credits of prior months late fees as long as Barbara (200.00) 2,022.22 (owner)will pay by 9/28/2012 10/01/12 water 8/12/12-9/12/12 73.14 2,095.36 10/01/12 sewer 8/12/12-9/12/12 38.39 2,133.75 10/01/12 Base Rent(10/2012) 347.00 2,480.75 10/01/12 Trash Recovery(10/2012) 10.00 2,490.75 10/04/12 Chk#2721- :CHECKscan Payment 352.00 2,138.75 10/04/12 Chk#200301818- :CHECKscan Payment 2,022.22 116.53 10/16/12 Water-9/12/12- 10/12/12 27.24 143.77 10/16/12 Sewer-9/12/12- 10/12/12 38.39 182.16 11/01/12 Base Rent(11/2012) 347.00 529.16 11/01/12 Trash Recovery(11/2012) 10.00 539.16 11/06/12 Late Charge 50.00 589.16 Page 1 of 3 Rbsident Ledger Date: 5/22/2013 Resident Code: 1:0003219 Property: 0130 Unit: 226 Barbara Vandersloot Status: Current 209 Key West Blvd. Rent: $ 357.00 Carlisle,PA, 17015 Deposit: $ 336.00 Move In Date: 07/01/08 Move Out Date: Due Day: 1 Tel Num(Office) Tel Num(Home) Date Description Charges Payments Balance 12/01/12 Base Rent(12/2012) 347.00 936.16 12/01/12 Trash Recovery(12/2012) 10.00 946.16 12/01/12 sewer 10/12/12 to 11/12/12 38.39 984.55 12/01/12 water 10/12/12 to 11/12/12 54.78 1,039.33 12/06/12 Late Charge 50.00 1,089.33 01/01/13 Base Rent(01/2013) 347.00 1,436.33 01/01/13 Trash Recovery(01/2013) 10.00 1,446.33 01/01/13 Sewer-11/12 to 12/11 38.39 1,484.72 01/04/13 Court costs-filing tenant/landlord 264.74 1,749.46 01/06/13 Late Fees 1/2013 50.00 1,799.46 01/08/13 Water- 11/12 to 12/11 47.43 1,846.89 01/18/13 Chk#0807- :CHECKscan Payment 150.37 1,696.52 01/18/13 Chk#0808- :CHECKscan Payment 136.15 1,560.37 01/18/13 Chk#060336- :CHECKscan Payment 1,428.00 132.37 01/31/13 Water bill for 12/11/12 to 01/11/13 64.87 197.24 02/01/13 Sewer 12/11/12 to 01/11/13 38.39 235.63 02/01/13 Base Rent(02/2013) 347.00 582.63 02/01/13 Trash Recovery(02/2013) 10.00 592.63 02/26/13 Water bill 01/11/13 to 02/11/13 74.97 667.60 02/27/13 Sewer billing for 1/11/13 to 2/11/13 38.39 705.99 03/01/13 Base Rent(03/2013) 347.00 1,052.99 03/01/13 Trash Recovery(03/2013) 10.00 1,062.99 03/06/13 Late Charge 50.00 1,112.99 03/11/13 Court Fees.filed 2/28/2013 134.67 1,247.66 03/15/13 sewer 2/11/13-3/11/13 38.39 1,286.05 03/15/13 water 2/11/13-3/11/13 49.27 1,335.32 04/01/13 Base Rent(04/2013) 347.00 1,682.32 04/01/13 Trash Recovery(04/2013) 10.00 1,692.32 04/06/13 Late Charge 50.00 1,742.32 04/18/13 sewer 3/11/13-4/10/13 38.39 1,780.71 04/18/13 water 3/11/13-4/10/13 44.68 1,825.39 05/01/13 Base Rent(05/2013) 347.00 2,172.39 05/01/13 Trash Recovery(05/2013) 10.00 2,182.39 05/05/13 Chk#084684- :CHECKscan Payment Reversed by 429.97 1,752.42 ctrl#1166161 Page 2 of 3 Resident Ledger Date: 5/22/2013 Resident Code: t0003219 Property: 0130 Unit: 226 Barbara Vandersloot Status: Current 209 Key West Blvd. Rent: $ 357.00 Carlisle,PA, 17015 Deposit: $336.00 Move In Date: 07/01/08 Move Out Date: Due Day: 1 Tel Num(Office) Tel Num(Home) Date Description Charges Payments Balance 05/06/13 Late Charge 50.00 1,802.42 05/10/13 Chk#084684- :Prog Gen Reverses receipt Ctrl# 1163747 (429.97) 2,232.39 Current 30 Days 60 Days Over 90 Current Owed 407.00 490.07 742.69 592.63 2,232.39 Page 3 of 3 y r LED 13 Z R t � -Ut,iBE LAND LEIBY'S M.H.C. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. No. 13-2236 BARBARA A. VANDERSLOOT and : MATTHEW DAWSON Defendants. : PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Barbara A. Darkes, Jerome P. DeSanto, and McNees Wallace &Nurick LLC on behalf of Plaintiff, Leiby's M.H.C., in the above-captioned matter. McNEES WALLACE &NURICK LLC y Bar ara A. Darkes I.D. No. 77419 Jerome P. DeSanto I.D. No. 314637 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Leiby's M.H.C. Dated: July 23, 2013 i If CERTIFICATE OF SERVICE AND NOW, on this 23rd day of July, 2013, I hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Karl E. Rominger, Esq. 155 South Hanover St. Carlisle, PA 17013 _ e, me P. DeSanto LEIBY'S M.H.C. . IN THE COURT OF COMMON PLEAS t c-) *-: CUMBERLAND COUNTY, PENNSYI<VAIA—. Plaintiff, ,c � x i V. No. 13-2236 C), BARBARA A. VANDERSLOOT and =' w c=:. MATTHEW DAWSON r' Defendants. PRAECIPE TO TERMINATE SUPERSEDEAS PURSUANT TO Pa.R.C.P.M.D.J. 1008 TO THE PROTHONOTARY: Please terminate the Supersedeas in the above-referenced matter; Appellant/Defendant Matthew Dawson!has failed to deposit rental payments with the prothonotary despite Pa.R.C.P.M.D.J. No. 1008(B) requiring him to do so. Respectfully Submitted, McNEES WALLACE &NURICK, LLC zl� rbara A. Darkes I.D. No. 77419 Jerome P. DeSanto I.D. No. 314637 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Leiby's Mobile Home Dated: August 9, 2013 Community, LLC i TERMINATION OF SUPERSEDEAS Upon confirmation of Appellant/Defendant Matthew Dawson's failure to deposit the rent required by Pa.R.C.P.M.D.J. No. 1008(B), the Supersedeas is terminated. Prothonotary BY Deputy I i CERTIFICATE OF SERVICE AND NOW, on this 9th day of August, 2013, I hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Karl E. Rominger, Esq. 155 South Hanover St. Carlisle, PA 17013 Counsel for Defendant Matthew Dawson Douglas Keith Marsico, Esq. Caldwell & Kearns, PC 3631 N. Front St. Harrisburg, PA 17110-1533 Counsel for Defendant Barbara A. Vandersloot Jerome P. DeSanto 1 LEIBY'S M.H.C. IN THE COURT OF COMMON PLEAS �..., CUMBERLAND COUNTY, PENN$YLV�A Plaintiff, vi. No. 13-2236 Z �� -r; BARBARA A. VANDERSLOOT and ;.:)a ', • MATTHEW DAWSON Defendants. 10 PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT Plaintiff, Leiby's MHC, LLC, moves the Court for leave to file an Amended 0 Complaint. 1. This matter concerns a lease agreement: Leiby's MHC, LLC ("Leiby's"), the owner of a manufactured housing community in Carlisle, Pennsylvania, agreed to lease a lot in its community to Defendants Barbara Vandersloot and Matthew Dawson ("Defendants") in exchange for monthly rent. 2. In February 2013, Defendants stopped paying rent, and their rent due and a owing to Leiby's accrued to an amount exceeding $500. 3. On February 28, 2013, Leiby's sued Defendant Vandersloot for the rent due by filing a complaint in the Magisterial District Court of Cumberland County; it later amended its complaint, naming Defendant Dawson as an additional defendant. 4. On April 16, 2013, the Magisterial District Court awarded judgment to i Leiby's, holding Defendants jointly and severally liable for rent due in the amount of $1,776.50; the court's judgment also granted Leiby''s possession of the lot. A true and correct copy of the Court's Notice of Judgment is attached as Exhibit A. 7 5. Defendant Dawson appealed' to this Court on April 24, 2013. 0 6. In response, Leiby's, pursuant to Pa. R. C. P. M. D. J. No. 1004 and without the assistance of counsel, filed its original Complaint—the Complaint it seeks to amend — in this Court against Defendants. A true and correct copy of Leiby's Complaint • is attached as Exhibit B. 7. In the Complaint, Leiby's seeks affirmation of the Magisterial District • Court's judgment awarding Leiby's rent due and possession of the lot. 8. At the time Leiby's filed the Complaint on May 22, 2013, the rent due from Defendants had accrued to approximately $2,404.23. That amount is now $3,982.24 and continues to grow as Defendants retain possession of the lot while continuing to withhold rent. • 9. Since filing the Complaint, Leiby's has retained counsel and wishes to allege additional facts supporting its request for relief. 10. Among other things, Leiby's has confirmed with the Cumberland County • Prothonotary that Defendants have deposited no money with the Court's prothonotary, a requirement for retaining the effectiveness of the supersedeas and remaining in possession of the lot during this appeal. See Pa.R.C.P.M.D.J. No. 1008. • 11. On August 9, 2013, Plaintiff filed a Praecipe to Terminate Supersedeas; the prothonotary has since signed this Praecipe, attached as Exhibit C, which states that the Supersedeas is terminated. 12. Pennsylvania Rule of Civil Procedure 1033 provides that by leave of Court, a party may at any time change the form of action, correct the name of a party, or • amend a pleading. See Pa. R. Civ. P. No. 1033. Defendant Vandersloot did not appeal the Magisterial District Court's judgment. 2 40 13. Under this rule, Leiby's respectfully requests leave to amend its Complaint to include additional facts and allegations supporting its request for relief, in accordance with the proposed Amended Complaint, attached as Exhibit D. 14. There has been no undue delay in requesting an amendment pursuant • Rule 1033, and no undue prejudice to Defendants will result from allowing such an amendment; indeed, as of the date of filing this Motion, Defendants have yet to respond 0 to Leiby's original Complaint. 15. Notably, though no prejudice will befall Defendants by allowing the proposed Amended Complaint, significant prejudice will befall Leiby's if it is not • permitted to make the proposed changes. 16. On August 13, 2013, by email, Leiby's sought the concurrence of • Defendant Vandersloot's counsel, Mr. Marsico, with regard to this motion. Mr. Marsico responded that he concurs with this motion. A true and correct copy of that email response is attached hereto as Exhibit "E". • 17. By phone on two separate occasions —August 14, 2013 and August 19, 2013 — Leiby's sought the concurrence of Defendant Dawson's counsel, Mr. Rominger, with regard to this motion. Each time, Mr. Rominger was unavailable; and counsel for • Leiby's spoke with Mr. Rominger's paralegal. On August 14th the paralegal said that he would check with Mr. Rominger on whether Mr. Rominger concurred with the motion. Having received no word by August 19th, Leiby's called Mr. Rominger again, and again, he was unavailable. Nevertheless, his paralegal said that he had checked and that Mr. Rominger concurred with the motion. On August 20, 2013, Leiby's sent Mr. Rominger • an email, attached as Exhibit F, memorializing its conversations with Mr. Rominger's 3 paralegal. Leiby's asked Mr. Rominger to advise if Mr. Rominger did not concur with the • motion. As of this filing, Mr. Rominger has not responded to the email. It therefore appears that Mr. Rominger concurs with this motion. WHEREFORE, Plaintiff Leiby's Mobile Home Community, LLC respectfully • requests that the Court grant it leave to file an Amended Complaint. • McNEE AL E & N ICK, LLC By Barba Dar • I.D. No. 77419 Jerome P. DeSanto I.D. No. 314637 100 Pine Street P.O. Box 1166 • Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Leiby's Mobile Home Community, LLC • Dated: August 23, 2013 • • 4 ,, - -- '" , � . b { I • 07/22/13 03:04PH LEIBY$ MHP 7177900690 p.16 4 1 COMMONWEALTH OF PENNSYLVANIA Notice of Jud, ment/Transcript COUNTY OF CUMBERLAND Reside{ntial Lease • Mag, Dist.No; MbJ-09-3-04 Leibl's M.H.C_ MDJ Nome; Honorable Paula P,OQrreal � V. Address; 3275 East TrindlP. Road Barbara A Vander5loot, Matthew Dawson Suite 110 Mechanicsburg,PA 17050 • Telephone; 717-697-2201 Beth Craves Docket No: tad-09304-LT-0000030.2013 c/o Leiby's M.N.C. Case f=iled, '�12W2013 7075 Carlisle Pike Carlisle, PA 17015 i • k Disposition Details Grant possession, Yes j Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary 2=ktttND Defondan 121612201911:1 12al MJ-05304-LT-0000030-2013 Leiby's M.H.C. Barbara A Vandersloot Judgment foi Plaintiff 0411612013 MJ-09304-L7'-0000030.2013 Leiby's M.H.C. Matthew Dowson JudgmentforlPiaintiff 0411612013 Judgment Summary E�rw ,��/s2v2r.f 13. t,i ftv Individual. 1 Amount • Barbara A Vandersioot $1.776.50 $0.00 $1,776.50 Lelby's M.H.C. $0.00 $0.00 $0.00 Matthew Dawson $1,776.50 $0.00 $1,776.50 Judgment Detail ('AostJudgme'nQ In the MOttee of Leiby's M.N.C.vs.Sarbara A Vandersloot; Matthew Dawson on 4/16/2013 the judgme�lt was awarded as follows: The amount of rent per month,as established by the Magisterial Oistrict Judge,is$347.00 • JudaMent_,Qff'JD=n1... 4020everal Liab.tlity Ifl. 'r'i .tUal Liability Q0996it A00 Amount Rent in Arrears $1,604.66 $0.00 $1,604.66 Costs $500 $0.00 $5.00 Costs $5.00 $0.00 $5.00 Server tees'. $32.17 $0.00. ; .;.:,., 1;1c1t $32.17 Server f=ees $32.17 $0,00 $32,17 • riling fees 897.60 $0.00 $97,50 Grand Total: ; $1,776,50 Portion of judgment for physical damages arising out of residential leaser $0.00 } Y 1 ; • I ......................................................... ......................................................... :.........� MDJS 315A Page 1 of 3 ' Printery 04117/2013 9:30:51AM i • 07/22/13 03:04PM LEIBYS HHP 7177900690 p.17 Leiby's M.H.C. Docket No.',MJ-09304-LT-0000030.2013 V, I Barbara A Vandersloot, Matthew Dawson 1 r IN AN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY HAS THE RIGHT TO APPEAL FROM`4 JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH SHE PROTHONOTARYICLERK OF COURT OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIR'�Y DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF' HE MONEY JUDGMENT,IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS,THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYILERK OF COURTS THE LESSER • OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.HPWEVER,LOW-INCOME ANDIOR SECTION 8 TENANT$SHOULD REFER TO Pa.R.C.P.M.D.J.NO.1008 OR 1013 FOR DIFFERENT PROCEDUR $REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A .JUDGMENT INVOLVING A REST ENTIAL LEASE,THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH I'HE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS,CIVIL DIVISION, THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF TI4IS NOTICE OF JUDGMENTtTRANSCR PT FORM WITH THE NOTICE OF APPEAL, EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTE UAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECT$TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL F RTHER PROCESS MUST COME • FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTE4IAL 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 L;98TOR PAYS IN FILL,SETTLES, OR OTHERWISE COMPLIES WITH'THE JUDGMENT.: k Date Senior Magisterial District Judge Paula P.Correai cart Tat s is a true antl correct copy of Ie record o Ie i5rm6dings con aa1 ng tne ju gmen Date Mag terial District Judge I MDJS 315A Y� Page 2 of 3 Printed;04/17/2013 9,30;51AM i t • v �� � I , �I • Leiby's Mobile Home Community LLC 7075 Carlisle Pike,Carlisle PA 17015 Phone: (717)697-1321 Fax:(717)790-0690 C- L ca• • ea��'S G P I O AYt--I-Vr 7-M CDo -4 RE: Cumberland County Court of Common Pleas Docket 13-2236 =r' a ?,r This complaint is being entered in response to an Appeal filed by Matthew Dawson and Barbara Vandersloot. We believe that the Landlord/Tenant Complaint rendered on 4/16/13 by District Justice Paula Correal MDJ-9-3-04, in which Leiby's MHC received judgment for the outstanding Lot Rent due to • us of$1,776.50,was a fair and deserved judgment. At this point in time the unpaid lot rent has accrued to$2,404.23 and no payments have been received. • Please see attached ledger of the history of this account. Thank you for your consideration of this matter. • Sincerely, Beth Graves Property Manager • Leiby's MHC,LLC Cc: Resident file • • MeMdent Ledger Date: 5/22/2013 Resident Code: t0003219 Property: 0130 Unit: 226 Barbara Vandersloot Status: Current 209 Key West Blvd. Rent: $357.00 Carlisle,PA,17015 Deposit: $336.00 Move In Date: 07/01/08 Move Out Date: Due Day: Tel Num(Office) Tel Num(Home) a Date Description Charges Payments Balance ta.ce n Balance Forward 178.82 06/01/12 Base Rent(0612012) 335.00 513.82 06/01/12 Trash Recovery(06/2012) 10.00 523.82 06/06/12 Late Charge 50.00 573.82 06/11/12 SW 04/13 to 05/12/2012 29.56 603.38 06/13/12 WS 04/13 to 05/12/2012 33.80 637.18 06/19/12 Sewer 05/12-06/12/12 29.56 666.74 06/19/12 Water:05/12-06/12/12 39.30 706.04 07/01/12 Base Rent(07/2012) 335.00 1,041.04 07/01/12 Trash Recovery(07/2012) 10.00 1,051.04 07/01/12 water 6/12-/7/12 84.67 1,135.71 07/01/12 Sewer 06/12/2012-07/12/2012 38.39 1,174.10 07/06/12 Late Charge 50.00 1,224.10 08/01/12 Base Rent(08/2012) 335.00 1,559.10 08/01/12 Trash Recovery(08/2012) 10.00 1,569.10 08/06/12 Late Charge 50.00 1,619.10 08/20/12 Water 07/12/12-08/12/2012 108.94 1,728.04 08/22/12 Sewer 07/12/2012-08/12/2012 48.79 1,776.83 08/22/12 Sewer 07/12/2012-08/12/2012 38.39 1,815.22 09/01/12 Base Rent(09/2012) 347.00 2,162.22 09/01/12 Trash Recovery(09/2012) 10.00 2,172.22 09/06/12 Late Charge 50.00 2,222.22 09/26/12 Courtesy credits of prior months late fees as long as Barbara (200.00) 2,022.22 (owner)will pay by 9/28/2012 73.14 2,095.36 10/01/12 water 8112/12-9/12/12 10/01/12 sewer 8/12/12-9/12/12 38.39 2,133.75 10/01/12 Base Rent(10/2012) 347.00 2,480.75 10101/12 Trash Recovery(10/2012) 10.00 2,490.75 10/04/12 Chk#2721-:CHECKscan Payment 352.00 2,138.75 10/04/12 Chk#200301818- :CHECKscan Payment 2,022.22 116.53 10/16/12 Water-9/12/12-10/12/12 27.24 143.77 10/16/12 Sewer-9/12/12-10/12/12 38.39 182.16 11/01/12 Base Rent(11/2012) 347.00 529.16 11/01112 Trash Recovery(11/2012) 10.00 539.16 11/06/12 Late Charge 50,00 589.16 Page 1 of 3 Rbsident Ledger Date: 5/22/2013 Resident Code: 10003219 Property: 0130 • Unit: 226 Barbara Vandersloot Status: Current 209 Key West Blvd. Rent: $357.00 Carlisle,PA,17015 Deposit: $336.00 Move In Date: 07/01/08 Move Out Date: Due Day: 1 Tel Num(Office) Tel Num(Home) Date Description Charges Payments Balance 347.00 936.16 12/01/12 Base Rent(12/2012) 946.16 12/01/12 Trash Recovery(12/2012) 10.00 38.39 984.55 12/01/12 sewer 10/12/12 to 11/12/12 1,039.33 12/01/12 water 10/12/12 to 11/12/12 54.78 • 00 1,089.33 12/06/12 Late Charge 50. 1,436.33 01/01/13 Base Rent(01/2013) 347.00 01/01/13 Trash Recovery(01/2013) 10.00 1,446.33 01/01/13 Sewer-11/12 to 12/11 38.39 1,484.72 01/04/13 Court costs-filing tenant/landlord 264.74 1,749.46 01/06/13 Late Fees 1/2013 50.00 1,799.46 01/08/13 Water-11/12 to 12/11 47.43 1,846.89 01/18/13 Chk#0807-:CHECKscan Payment 150.37 1,696.52 01/18/13 Chk#0808- :CHECKscan Payment 136.15 1,560.37 01/18/13 Chk#060336- :CHECKscan Payment 1,428.00 132.37 01/31/13 Water bill for 12/11/12 to 01/11/13 64.87 197.24 02/01/13 Sewer 12/11/12 to 01/11/13 38.39 235.63 02/01/13 Base Rent(02/2013) 347.00 582.63 02/01/13 Trash Recovery(02/2013) 10.00 592.63 02/26/13 Water bill 01/11/13 to 02/11/13 74.97 667.60 02/27/13 Sewer billing for 1/11/13 to 2/11/13 38.39 705.99 03/01/13 Base Rent(03/2013) 347.00 1,052.99 • 03/01/13 Trash Recovery(03/2013) 10.00 1,062.99 03/06/13 Late Charge 50.00 1,112.99 03/11113 Court Fees.filed 2/28/2013 134.67 1,247.66 03/15/13 sewer 2/11/13-3/11/13 38.39 1,286.05 03/15/13 water 2/11/13-3/11/13 49.27 1,335.32 04/01/13 ease Rent(04/2013) 347.00 1,682.32 04/01/13 Trash Recovery(04/2013) 10.00 1,692.32 04/06/13 Late Charge 50.00 1,742.32 04/18/13 sewer 3/11/13-4/10/13 38.39 1,780.71 04/18/13 water 3/11/13-4/10/13 44.68 1,825.39 05/01/13 Base Rent(05/2013) 347.00 2,172.39 • 05/01/13 Trash Recovery(05/2013) 10.00 2,182.39 05/05/13 Chk#084684- :CHECKscan Payment Reversed by 429.97 1,752.42 ctrl#1166161 - Page 2 of 3 Rtsident Ledger Date: 5/22/2013 Resident Code: t0003219 Property: 0130 Unit: 226 Barbara Vandersloot Status: Current 209 Key West Blvd. Rent: $357.00 Carlisle,PA,17015 Deposit: $336.00 Move In Date: 07/01/08 Move Out Date: Due Day: 1 Tel Num(Office) Tel Nurn(Home) Date Description Charges Payments Balance 05106/13 Late Charge 50.00 1,802.42 05/10/13 Chk#084684-:Prog Gen Reverses receipt Ctd#1163747 (429.97) 2,232.39 Current 30 Days 60 Days Over 90 Current Owed 407.00 490.07 742.69 592.63 2,232.39 Page 3 of 3 i r Y • r _ LFFBY"S r 1.II.C, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. No. 13-2236 {; BARBARA A. VANDERSLOOT and MUD � v MATTI41W DAWSON Defendants. ry Esc;_ PRAECIPE'T'O Tri A4fNA,rE SUPERS-EDEAS PURSUANT TO Pa.R.C.P.M.D.J. 1008 TO THl- PROIT(ONO"IWA Y: Please terminate the Supersedeas in the above-referenced matter; Appellant/Defendant A Matthew Dawson has failed to deposit rental payments with the prothonotary despite Pa.R.C.P.M'.D.J. No. 1008(1.3) r-egi.ri IlIq him to do so. Respectfully Submitted, McNI,ES \V A L,I,A C f3 &: NUI:.I(C�K, 1,LC ray 3irbara A. Darkes 1.D. No. 77419 .lcrorlie P. DeSanto I.D. No. 314637 100 fine Street P.O. Box 1166 1-larrisbur;, PA 17108-1166 (717) 232-8000 l uorneys fog- Plcrinliff, Leiby's` 14�obile Home Dated: Aul ust 9, 2013 CoJrarnunily, LLC • • CERTIFICATE OF SERVICE AND NOW, on this 9th day of August, 2013, I hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: • Karl E. Rominger, Esq. 155 South Hanover St. Carlisle, PA 17013 Counsel for Defenclarnc Matihew Dawson • Douglas Keith Marsico, Esq. Caldwell & Kearns, PC 3631 N. hront St, Harrisburg, PA 171 10-1533 Cotinsel,ior DeJenclunt Barbara A. 11'amlei'-slool i Dl — Jerome 1'. De;Sa-to • • • • TERMIN'ATION' OF SUPERSEDEAS Upon confirmation of Appellant/Defendant \Matthew Dawson's failure to deposit the rent required by Pa.R.C.P-M.D.J. No, 1005([3), the Supersedeas is terminated. Prolhonotary 13 Y: Dct�uty TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand and thets,II of said co at carlisl 20Pa„ This_LQ_ day of s ar Prothonoli otary jk)v C r t j I , �._�... I �`� � f' i - �� I i _ � j. _ i _ l,, I LEIBY'S M.H.C., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 13-2236 BARBARA A. VANDERSLOOT and MATTHEW DAWSON, Defendants FIRST AMENDED COMPLAINT This matter concerns a breached lease agreement. Plaintiff, Leiby's MHC, LLC ("Leiby's"), submits this Complaint for two reasons: (1) to evict Defendants Barbara Vandersloot and Matthew Dawson ("Defendants") from its mobile home park; and (2)to recover unpaid rent from Defendants. In support of this Complaint, Leiby's avers as follows: 1. Leiby's owns a manufactured housing community in Carlisle, Cumberland County, Pennsylvania. 2. Defendant Vandersloot is the mother of Defendant Dawson; both are adult individuals. 3. On January 21, 2010, Defendants signed a written lease agreement with Leiby's (the "Lease"). A true and correct copy of the Lease is attached to this First Amended Complaint as Exhibit A. . 4. Pursuant to the Lease, Defendants agreed to pay monthly rent to Leiby's; rent consisted of a base rent amount of$325 plus utilities, including $19 per month for sewer, $14 per month for trash, and water at an amount per month determined by sub-metered usage. 5. In exchange for Defendants' promise to pay monthly rent, Leiby's granted them possession of a lot in its manufactured housing community— specifically, lot 226 at 209 Key West Blvd, Carlisle PA 17015 (the "Leased Space"). • 6. By granting possession to Defendants, Leiby's gave Defendants the right to place a manufactured home in the Leased Space and reside inside of it. 7. The Lease term is month-to-month, starting on the first day of the month and # ending on the last day of the month. 8. Both Defendant Vandersloot and Defendant Dawson signed the Lease as co- lessees. 9. After signing the Lease, Defendants moved a manufactured home onto lot 226 and Defendant Dawson has occupied that home using it as his residence; upon information and belief, Defendant Vandersloot does not and has never occupied the home since it has been placed at the Leased Premises. 10. Defendants have routinely missed paying their monthly rent obligations on time. 11. On November 7, 2012, Leiby's sent a notice to quit the Lease to the Defendants; the notice, attached to this First Amended Complaint as Exhibit B, warned Defendants that failure to pay rent when due within six months of the notice would result in Leiby's commencing an eviction proceeding. 12. Near the end of December 2012, after failing to pay rent for several months, Defendants owed Leiby's an amount exceeding $1,000. A true and correct copy of Defendants' 1 rent and payment history is attached to this First Amended Complaint as Exhibit C. 13. On December 27, 2012, Leiby's filed its first Complaints for unpaid rent against Defendants, individually. 14. Those Complaints were docketed with the Magisterial District Court: docket number MJ-09304-LT-0000151-2012 for Defendant Vandersloot; and docket number MJ-09304- i LT-0000152-2012 for Defendant Dawson. However, before the court could award Leiby's 2 r 0 possession or a judgment for the outstanding rent due, Defendants paid the outstanding rent amount. 15. By the end of February 2013, Defendants had again stopped paying rent and, for a second time,had accrued a rent balance due exceeding $500. 16. On February 28, 2013,Leiby's sued Defendant Vandersloot for unpaid rent and possession in the Magisterial District Court of Cumberland County-, it later amended its 0 complaint, naming Defendant Dawson as an additional defendant. 17. On April 16, 2013, the Magisterial District Judge rendered judgment in Leiby's favor, holding Defendants jointly and severally liable for$1,776,50 in rent due and also granting 0 Leiby's possession of the Leased Space. A true and correct copy of the court's Notice of Judgment is attached to this First Amended Complaint as Exhibit D. 0 18. Defendant Dawson appealed' to this Court on April 24, 2013. 19. In response to this appeal, Leiby's filed a Complaint with this Court pursuant to Pa. R. C. P. M. D. J. No. 1004; the Complaint names both Defendant Dawson and Defendant 0 Vandersloot as Defendants. 20. An appeal from the Magisterial District Court's judgment operates as a supersedeas so long as Defendants deposit the required funds with the Court . See Pa.R.C.P.M.D.J. No. 1008. 21. On August 9, 2013, Leiby's filed a Praecipe to Terminate Supersedeas because Defendants did not deposit the required funds with the Court. The prothonotary has since signed the Praceipe, attached as Exhibit E, which states that the Supersedeas is terminated. 22. Defendant-Dawson continues to occupy the manufactured home on the Leased Space, but Defendants continue their failure to pay rent for the Leased Space. Defendant Vandersloot did not appeal the Magisterial District Court's judgment. 3 23. The amount owed to Leiby's has increased since the Magisterial District Judge granted judgment to Leiby's on April 16, 2013: When Leiby's filed its original Complaint on May 22, 2013,the amount had increased to $2,404.23; as of this filing, the amount past due is $3,982.24. COUNT I—EVICTION 24. The averments of the preceding'paragraphs are incorporated herein by reference. 25. Defendants, for a second and subsequent times within six months,breached the Lease and violated the rules of Leiby's manufactured housing community by repeatedly failing to pay monthly rent. 26. Following the November 2012 notice advising Defendants that they were in breach of the Lease and in violation of the community rules, and that Leiby's would pursue eviction if Defendants failed to timely pay rent, Defendants have again, and within six months of the initial breach and violation, breached the Lease and violated the community rules by failing to pay rent on time. 27. Leiby's has complied with all of its Lease and legal obligations. 28. Under section 398.3 of the Manufactured Home Community Rights Act, Defendants may be evicted for(a) a second or subsequent violation of Leiby's manufactured housing rules and/or(b) not paying rent. See 68 P.S. § 398.3(a)(1)(2). WHEREFORE, Plaintiff Leiby's MHC, LLC requests that the Court enter judgment evicting Defendants Barbara Vandersloot and Matthew Dawson from the Leased Space and granting possession to Leiby's; and that the Court enter judgment in favor of Leiby's and against Defendants in the amount of Leiby's costs, expenses, and reasonable attorney fees, together with such further relief as the Court deems just. 4 COUNT 11—BREACH OF CONTRACT 29. The averments of the preceding paragraphs are incorporated herein by reference. 30. Defendants have breached the lease agreement by repeatedly failing to pay monthly rent. 31. Leiby's has complied with all of its Lease and legal obligations. 32. Under section 250.301 of the Landlord and Tenant Act, a landlord may recover rent owed to it, plus interest, by bringing an action for breach of contract. See 68 P.S. § 250.301. 33. Since the Magisterial District Court's judgment granting Leiby's damages for rent due, Defendants have remained in possession and continue to remain in possession of the Leased Space by occupying that lot with a manufactured home. WHEREFORE, Plaintiff Leiby's Mobile Home Community, LLC requests that the Court enter judgment holding Defendants Barbara Vandersloot and Matthew Dawson liable for rent due to Leiby's in the amount of$3,982.24 (which includes all rent amounts outstanding as of this filing), interest that has accrued on the Magisterial District Court's judgment of$1,776.50, ongoing monthly rental charges until the home is removed from the Leased Space, and for the amount of Leiby's costs, expenses, and reasonable attorney fees, together with such further relief as the Court deems just, COUNT III—UNJUST ENRICHMENT 34. The preceding paragraphs are incorporated herein by reference. 35. Defendants have benefited from remaining in possession of the Leased Space. 36. Defendants have been unjustly enriched by remaining in possession of the Leased Space without paying rent to Leiby's. • 5 WHEREFORE, Plaintiff Leiby's Mobile Home Community, LLC requests that the Court enter judgment holding Defendants Barbara Vandersloot and Matthew Dawson liable for rent due to Leiby's in the amount of$3,982.24 (which includes all rent amounts outstanding as of this filing), interest that has accrued on the Magisterial District Court's judgment of$1,776.50, ongoing monthly rental charges until the home is removed from the Leased Space, and for the amount of Leiby's costs, expenses, and reasonable attorney fees, together with such further relief as the Court deems just. McNEES WALLACE &NURICK, LLC By ...... Barbara A. Darkes I.D. No. 77419 Jerome P. DeSanto I.D. No. 314637 100 Pine Street P.O. Box 1166 Harrisburg, PA 171,08-1166 (717)232-8000 Attorneys for Plaintiff, Leiby's Mobile Home Community, LLC • • • 6 • • • • Exhibit "A" • • • • 08/07/13 08:45AM LEIHXS MIiP 7177900690 P 02 9 'y f • LEASE AGREEMENT T • • s • • • LEILSYS MHLAmp LLC 7075 CARLISLE PIKE, CARLISLE, PA 17015 717-697-1321 • • •, 08/09113 08:45AN LEZBYS HHP 7177900590 p.Q3 Residents Wtials.. ...._... ._._....., • TABLE OF CONTENTS 1)...Description..........................................................1111..................,...........,.......3 3)...lieutal amount and tertn.s........................................................... 4)...Security deposit.............. ..............................................................................5 5),Jlome description.......... .,..... ....................................................................,5 6).. Use of rented site,and common area*....................................................................6 '1)...Vehicles.. ... ..................... . ...........,..,..::..::.,,fi • 8)...Sale or transfer cfownership............................................,,,....................I......... ,6 9)...Home and lot maintenance...................................... ..................................... ...::.7 10)...General.............................................................,.......................................7 11)...Installation......... . .... .............................. .................................................8 12).-Termination of the Rental Agrvc.incnt.................................................................9 13)...Abandonment of the horne by the resident............................................................9 • 14), .Reanoval of home at residents decis ion................................................................9 15)...Removal of home,by Community owner.................................................... ........9 16).-Disclosure statements....................I........1......I,.....,.,................................. .,..lA 17)...Non-waiver....... ............................................................. .... . ................10 18),.,Ugal fees,court fees,attorney fees.... .............................. ..............................10 • l9)...SuVivorship..........................................1........11............1....... ,, ...............,10 20)...Community Standards......... .......,..,..,,.,...,.,.......,..,..I1 21)...Amendments,changes.updates............................ ,....1,..4..,.111 1 ........,..,..,..,...1 l 22)...Required resident insuranc:c,.........I................... .. .....,..............1 l 23)...Notices........................ ........' ..1 .........1.11..................,.........................11 24)...Appliention.of.'residency.. ........... . .....,....,...................................1111.., 1111, .,11 • 25).,,Rcsidents.personal property....................................... . .................................. l 26),..Communityowners liability................:....................................... ...................11. 27). .01tAC"..................... .. ........... .......................... ... ...................................I.............. , . ..........12 28).—Parties bound/signature page...........................................................................12 • L 1C • • s # !1R 08/07/13 08:45AM LEIBYS XHP 7177900690 p.04 • Manufactured Home COMmunitY 7075 CARLISLE PIKE CARLISLE, PA 17015 717-697-1321 PCNNSyj VANIA LOT RENTAULEASE AGREEMENT • This i,,a Mental Agreement madt!atid entered inh)this—is-j� doy of 0 .,by and betwedl txnys M14C.LFE,"hereinafter"ComM61lit),Owner , hereinafter "Re ........... -e and it) ComPlian;e with til;rcquirements of Of the mutual o;ovenallts -The Mobile, HonIQ Pigllts Act of 1976" also known as "Act 261" Soveming the relationship belweCll Resident and CoMillunity QWnCT,the parties hereto)agretas follows! I. DESCRIPTION Of pROpERTy To BE RENTED/LEASEDI- Community Owner hereby rents unto Resident and Resident rents froni Cornitunjiy Owner, Manufactur"I 10 'Honne Spftcc. 1,0t and address,;. bt: Used and t);xupied only for resiUnlial purpvses• Tile Resident rents tt plot of$round within the community described Is follows: • APPTOXj Iriate Length(These are only approximate and are not legally b ill ding): The ground from tile inner edge of the front sidewalk or roadway to the; lo, line tci the rear Of the mohile home, Approximate Width These are only approximate and are not legally binding): • 2. TERM This is a Monill-to-Mointh Rental Agreement: 2oLt>_, -ncnt . Cominence the day (if The term of the Rcrltal/Uasc Agr"i shall • and tg)nEi11UC in full force and effect for a perio(I of one month and Trionth•to-month thercafte�stllrtlng On the first day 01 the month and concluding on the list day of the month. However, either Community Owner or Resident may jarininate this RentallLcase AgreCInctll as of The end Of the initial term or any extension (lays' prior writicn notice io the other, ill the event Resident occupies tltertr©f u Mpo) of by giving at leit'I'lliY > - such prior e 1pAncy ghtlil be prorated arid all the "iforu";Rid qPaCC prior to the heginnin8 date, tjjC rent far ,CCL . coverianiqobligations shall tic in effect during the protate(l period, Occupancy is defined as the date- this • RentallUasc Agreement is signed. flesident's Signature Date Datc • /J RIM 08/07/13 08:45AN LEIBYS HHP 7177900690 p.05 tai ,i,lcrt` .0.61" 3. RIENTAL AMOUNT AND PAY. 'N 'TE N-1S tile fits( per Resident av;recs to l,ay [► n,unthly Fast Int rent luulity (:)wn��This atltt)tlntnicn}ra ed4()n ttutssnecupants per tiny of each 111[x11111 with0ut cutiev to the C,omi y p, ht�mc. Any more than twu uCCUpants Ni, h niic will incur urr an additional ticstignau:tt by tl,e C o rtlm�tuni,ty C)wnur.tA 1 other payments will he made at the C'tstnnlunity 0711 to t.eiby', MEiC. When madt:, all ts:tymant, will he applit:d to ptttit olut� at11()unl" tell[ will lx, made payable ,• a tllent scc0nd, and rent (first in tile following n,attner. 1-.ate. court. utilily, and lCt ti first. C1t)r�fQ 1 of the 1Ji1SC t'e11L, COS, p;tyrnent Ias1. f0r that particular month whit h is mt)st d, arignot il� Ply i Sin of the month, a talc utilities. latelcourt fcesifiarstwillrbrtt;hatsedri'�t`tha)t1tnontl,VCcsmmun ty Own�rhe•ervcti the, right lt1 tAkc t'c t of ,T it'ty (St).0{l) tit of 1110 tilgitth shtlultl the rung • ICgal at:tit)n 1t�;ainst th4 Resident for ncln-11�tytl 0111 t)1' rent alter tllc flat not hi; paid AND tile, situation wurraniti thislLj Lion,Should Twenty r giilcnieht vo twse,lchecks r will turrlcd charged ry a k rnlc for checks that are returned by a hunk i't)r any rt, any reason during the period of the leagc:, Community Owner will require future Crayn)c�n1s 1ltadc by or txn behalf of that Resident to lit; tillter Certified check tn- [liuncy 0"der 01tly. All vents art; It) lxc paid by It ch"k tit 111uney txrdcr tsnly. No Ca"h will hC "CeePted at the Community t)ffic;e. Rents will ()Illy he ctxnsitiert:d paid whCn they are in the C:ummunitY offict:, other monthly chslrgL$s 410L% can or lwfore the First (1'')et'the month include but are not limited io: • UTILITIES; All charges are ksascJ txn t► monthly charge unless 0thcrwisc n0teci. An ttdrninistrttlivt: E'Ct:., mttilitt�; ICC, trilling fee.nieler reading foe, Lit sitnilar t'ec tn:ty l,C charged and/or inc:lucied with file utility charycsll'ct s Wator; inctucied in hasc rent A fat fee Of _„ _ Per--Resident billed billedwdiro tly by utility ct,nlpatly S11b.nictered, usagt;hilted t[s lilt' Resident based 01 (ho [tmuunt of}:tlle)n. uwd Scwcr; _tncludect in base rent A flat fee. ul'. I j 4,cl� ...per month - �Rccidcnt billed directly by utility c:or"Ntny ~� ^Buts-rnrtcre.d, usage l)111Cd Ill Litt {tcsiticnt h[sod on the wilount of galloon,used "Crash; tncludcti in bast, rent ,a munch A flit[ fCCc Of / '�. L per W ltc;icicnt Filled dircetly by utility cc,mPtinyiw<lstu hauler t';iYt�.ti: �„✓ _.Included in the [rase rt)nt )t T [I1urlth Resident l�illcd dirocIly by the taxing n1,1010rily unless cstherwist n[tcti Pet Fee; A flat fee ul' per month per pet ... _» _ ; M W;U1......._- ._ 08/07/13 08:45AM LEIBY$ KHP 7177900690 p.06 Residents Wti*- tiny charges billed to The Resident as described and permitted by this Mental/Least;Agreement and or the Community Standards, will be due when the next rent installment is due and will be considered as part of the rent due. Total monthly rents/charges due and owing on or tx-�forc the First(I of the month for lot #-22 1<5.it--- 1--1j - , /,/;� 1�� known as -424 and Rented by 6 "142 A/ 12 is$ _per tnonth. List other monthly charges to be billed to Resident based on usage: 4n. Community Owner may at it's sole discretion adjust monthly rents and pr charges upon at,rjiirty(30) day written notice of such to the Resident. Upon execution of the Rental/Lease Agreement,Resident agrees to pay Community Owner the first month's rent in advance In the amount as stateAl herein, and asecurity deposit in the amount of$_ 41�, _,_. 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 b e-i terminated by evidenbe of the Residents absence from the Community and/or removal of tho home from the; lot described, by the term's,of this Rental/Lease Agreement. The security deposit may be applied by the Comma"filty.bu;ner lawardg,-Any rent delinquency or other charges which may have occurred at the termination of this RentafflAmse A�reement. it is the responsibility of the ;Resident to provide the Cotnjnunity Owner with a fcii�vveuding 0 ess for the return of any monies which might be awed. Total amount of.,Sccurfty Deposit on file. $ 00 S. MANUFAC'rURED WYME DESCRIPTION Resident agrees to rent the.lot on which to place his/her manufactured home of the following description on the space agreed to above: Year Color Serial Number Model Legal owners name as it appears on Finance Company(if any)­_ Contact number PrE.,NNS.YL.VANIA LEASE / LE 1 13 Y 5 1-1 C L L C—i 08/07/13 00:45AN LEIBYS HHP 7177900690 p.07 Residents Initials 6. USE OF REN*'VFD SITE/COMMON AREAS A Occupancy-The Resident shall occupy the demised premises only far the use of placing a manufactured home for his/her own dwelling purposes. Occ4pancy will be limited to two(2)persons per Wroom. Tbc manufactured home may only be occupied by those individuals who appear on the rental application, the lewd 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. 8 Resident information-The resident agrees to provide the Community Manage mit7ni with aiiy;ezpd�t�d;'xn�otrntttior< pertaining to all occupants residing in the mobile home and other information deemed necessary,.by CorimWilty;Owner. C Sublease/Subletting- 'Me Resident shall not assign this Rental/loasu At rerment or sublet the prexpiks or any part thereof. The site shall be occupied by only those person(s) whose names appear on the RentAVLoaso-Agreement. The Resident shall not put the manufactured home or the promises in the possession of another party i�.ii%flee;home is on the rented lot without the prior written approval of the Community Owner.Community Owner niay at its sole discretion m-it homes within the Community that are Community owned. D Reside=nt shall not inaku any alterations, additions, or improvoments 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 act in aizcortia'noo and":e6mpliance. with all federal, State, and Local statutes,ordinances, rules and regulatioms, Community Standards, and laws..'A violation of any of these aforementioned will be deemed a violation of your Rortaft.'ease Agreement. F All pets must be approv6d and registered with the Community.,Manger PRIOR to the pet being allowed within the Coniniunity, Resident agreesi.o comply with all pet,-stipulations and rules set forth by the Community Standards including the completion and signing of a pet agreement. G No Resident shall interfere with another residents desire: to enjoy tho COMMUnilY in a lawful and respective manner. Loud and pro-fano language will riot 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 41,oud" musical instruments such as dnims are strictly prohibited, The Resident is responsible for all actions of their children,guests,or invitees while in the Commun ity. 7 All vehicles within the community mum 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 Bight(8) of the Community Standards will be strictly enforced and Resident alveci to abide by all terms and conditions contained therein. SAU ,R f All Residents of the Community must be approved prior to the purchase of a liome within the Corrimunity 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 till terms set forth in sections One(1),Two(2), Three(3), and PENNSYLVANIA 1EAS'EJ , LEISYS V114C ; LLC7 08/07/13 08:45AN LEIBY.S MHP 7177900690 P-08 Residents Initials Pour(4)of the Community Standarzls pertaining to the resale and transfer of owriorship of a home, 2-- JIDMA&)LOT AIN'KfNANC_E All residents must keep their lot and home in a well kept nianor. 1lic lot must be Maintained it) 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 perfuming such up keep at the Residents expense. All items not in use must be stored awAy. The patio and decks are for lawn flimit'are, barbeque grills, and (lie like. This a= is not to be Used as open stomp.liomos and any accessory buildingsistructurcs are to be kept in it good condition. The, exterior of any strwture ncoda maintenance from time to time which is the sole responsibility of the Resident, Any Resident wishing to paint their home or being required to by the Community Owner shall do so with an approved color.failure to maintain the' exterior of your home i,ia breach oflea,se. No trash or rubbish will be permitted to accumulate around your,home'or6n'ydu'r1ldL Any plantings or digging of any kind must be done aftcr written consent of the Community Owner. Anone who foregoes this consent, will be held liable for any damage to underground utilities and holds the Community-Owner and their agcnL5 harmlom. If any Resident has a contractor working on their lot or home, said contractor must have liability insurance coverago for such work. Resident agrees to notify Community Owner of any defective 'oonditions in the Community immediately. 12. -_9MAW4 A) Resident agrees to dispose of all rubbish, garbage and other waste materials in a clean and sanitary mannor. Resident agrees to pay for telephone, electricity, taxes, oil and propan.c.;­And garbage/trash collw6on charges due for services to the premises during the term of this Rental/Lease Ag' reernerif or Amy extension them-of Resident agrees to he responsible for the connection and maintenance of electric lines between the.'service pole and the manufactured home. 9)Irtho rnanaacturod home located upon the lot is rented to-the Resident,the Resident Is responsible for keeping the home and all of its parts inchiding,but not limited to, plumbing fixtures,cooking, refrigeration equipment,and electrical fixtures in a rented manufactured home unit in a clean and sanitary condition. The Resident is responsible for the oxorcise of reasonable cairn in their proper use, Batteries for the smoke detectors in the rented homes must bo serviced regOwly by the Resident, Q All Residents, gucst's, invitoo's,or family ineiriLqrs; must abide by all of the Community Standards concerning the use, occupation, and maintenance of the premises, either ineorpon tod by reference hi this Rental/Lease Agreement, referenced in the Community Standards, or brought to Resident's attention at the time of the execution of this Rentalfj.'ease Agreement. D)The Resident hereby agrees that hetshe will abide by AND sign the Community Standards as attached hereto,and incorporated herein by reference, as well m,any additional or amended Rules which may bey changed,altered,or enacted with proper notice as required by law. Thirty 00) days' written notice of the change in the Rulos will be given to the Resident prior to the c5octivo date of the revisions. Thq2 ati [is 0 t1j e- - — urW rstandLgfjo v o es.4L n gm Otandards shall const' a breac or n JDAtim DKO-AQW10AZI B)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 peacefu I enjoyment of the premises of other Residents and neighbors. V)Guests staying with the Reskfent for a period of over ten (10)days must apply and be registered with Community Management, anti the length of the stay must be approved. Ali guests must abide by Community Standards, and any infraction of the Community Standards will be considered grounds to require the guest to immediately leve the Community. The Resident is responsible for the actions mid coijduct of invited guests and oceupants. Any breach of the 7-77--7.1 -_LIE 1.8 MHC L L:C� P1 N N'S Y L V A R L. F A E Y S* 0 08/07/13 00:45AN LEIBYS XHP 7177900690 P-09 Residents Initials RentallLease 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 Con-imunity Owner's agents, employees, or other representatives, %halt have the right to enter into and upon the said premises consisting of the lot which is the subject of this RcntaMcase Agreement, or any part theroof, 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 covenunt with the Community Owner nor be construed to create an obligation on the part of the Community Owner to make Such inspections or repairs. If tho Resident is also.renting,the manufactured home,then the Resident authorizes Community Owner, its agents, employe" or other repro—sentatives to enter into the home for the purpose of maintenance or to show the home to a prospective pumhaser or renter after giving notice as,required by law. 11)Resident may not place any aboveground or underground storage tanks on the premises4itho"ut tfie.drier written consent of the Community Owner. It shall he the Resident's sole responsibility to comply with all oxisting-,..'jind future statutes, rules, regulations, ordinances, and orders related to the storage tanks (including pipes and cquipmeozonnected thereto)on the premises, and to keel)and maintain the tanks in good condition and repair,such that they do.not leak or pro.%ont any harm or threat of harni whatsoever to the Premi.w.q, the public safety and welfare, or:the environment, Resident shall indemnify and hold harmless Community Owner from and against any and all expenses,liabilities,or costs of any kind or nature, including,attorney's fees,arising out of,caused by,or Muted in any way to Resident's installation, ownorship, operation, maintenance, or Closure of the stonige tanks. Upon tennination-of this Rental/Lease- Agreement, Community Owner may at its sole discretion require Resident to remove the tanks and clean up and restore the Premises back to the original conditions, A violation of this Section shall constitutg a inateri&J, I/LeAse breach of,thbAeg Agreement. In addition to any other remedies available,-upon Resident's failure to comply with this Section or obtain the Community Ovmcei approval to maintain the.tanks on the Premises,Cquitnonity Owner may, but is not obligitted to,(1) order the Resident to remove or repair the.,tank and restore the site,(2)'without waiving its right to indemnification or to pursue any remedies available, remove or repair the Wok and restore the property itself At the ResidcnVs expense, and/or (3) terminate this Rental Agreement. , Community Owner ,hall have the right to inspect the Premises to ensure compliance with this Section. All new liomas to the community must be installed to meet all local, state,and federal building codes that apply. A building permit is required and a third party inspection intist he performed as a condition or occupancy whether the local building codes office requirvs such inspections or not. 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 acceptably for the type of work tving completed. , a) All homes must have an approved looter system to prevent frost heave and meet all building codes and be set tip by a,licezised contractor, b):"All homes most be tied down in accordance with the or the UCC code which ever is more stringent. c) All homes must be skirted with materials spocifically manufactured for use as mobile home skirting only. All materials must be approved by the Community Owner prior to the installation of such inaterials. d) Utilities Must tv hookCd 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 Dow preventer valve installed, and A locating tap';. e) Steps(Which are considered a part of the home structure)must be built to mcci,Iml 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 Rtnicture, g)No fatness are allowed on aResidents lot unless it is placed there by the Community Owner. h) Additional structures (Sheds, Bnyptbos, carports,, 0c) shall be held in strict compliance with the Community 08/07/13 08:45AM LEIBYS XHP 7177900690 �,�.. P-10 ' Re5idetnts Initials ..� .. Standards. 12. TERMINA'T'ION QF TI ,,RENTAL AGREEWN'T This Rental/Lease Agreement shalt 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 negates any monies hold as a security deposit from being returned to the Resident.A violation of the l,.case,Agreement or of the "Community Stwidards"will be grounds for the termination of the Rental/Lease AgreemIent.It is agreed to by the Ro'.1ident that tho promiscs will be returned to the Community Owner in the Silo v conditionl or butter condition than when received with the exception of reasonable and ordinarily accepted wear. 3. A ANT O N 1~HOME BY'T' 'I' RESIDENT— If any manufactured home is left abandoned in this Community for a period of thirty(ail)days or ttioroi;the Community Management may enter the home, secure any looses or movable appliances, furnishing, materials or supphos,and move the home to a storage area or other location at the Resident's expense. The home will be considered abandoned if no one Is flying in the home, the rent is not paid in full, and if any of tho fallowing, water,sewer,clectricity, phona,TV cable, and,nail delivery,have been disconnected or services terminated. The Community Owner will have no responsibility for safeguarding the manufactured home or its contents.regardless of whether the hotmo has been moved or riot.Any Resident who abandons their.mobile home on our property will be subject to all legal remedies available to Cornnittnity Owner for » the removal of said home, clean up of the lot, and all; owed:i rents still on the Leased property until a time that the lot is made to a condition of besing able to be leased again; All refits, fees, iid'charfes will continue to accrue as long as the home remains on the rented lot. d EMC/VA L OF I ME&T ITS ' _FM'S C7.Si<UN, A. The Resident is required to submit to the office in'writing,Thirty(30)slays' prior to any home being moved,a.notice that the manufactured home is to be moved froin dies Community.If resident faits to give Community Owner a thirty(30) day written notice,said-resident will be charged tor an additional months rent. B. The Resident must adviso the office who will tai: moving the horny from the Community, the exact elate it will be moved, and who will be preparing the home for removal (disconnecting tho water, sewer and electrical lines). The Community Manager must give the final approval that all linos have been properly disconnected before the home may bo ptilled oiYof the lot, C. The manufactured home aball not be demoliAgd on tho lot. f U.All provisiotis of the Community Standards will be strictly enforced in ref�rcnce to the removal of a home from the Community. v C)II MANITF'AL."FUR.E OK, � Y COM.M('l~ NrrY OWNER Management shall have the rigbi to require:the removal of any manufactured home when the following exists: A. Home has been left in disrepiler by the Resident after writtwi notice was given to repair. ('psis is primarily in regard to exterior condition of home,stied,awnings,porches,skirting,etc.) _... ._. _ + ,.... .._..._ ...., .. r� 0, 08/07/13 08:45AN LEIBYS MHP 7177900690 P.11 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 givan in regard to, but not limited to:electrical,plumbing,and heating systems. ,D. The manufactured home is vacant even if the lot rent-Al is still being paid and if the owner of the manutactured home is not making a sincere effort to sell the home. A sincere effort to sell home would be: having home, listed with arty service by signing a written agccincia; placing cWsillod ads In local papers on a regular basis to"sell by owner",and having a"For Sale"sign displayed in the window B. The manufactured borne has Nen 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 jx)isession by a court of utimpocntjurisdiction. 16, DISQ08PRE STATEMENTS Resident hereby states that he/she has been advised of the following: A. That theResident is aware of the spt-wific 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 lato,,fee, returned check fee, or other assessment or charge that may be levied againsa,the Resident contained within the].,ease Agreement, D. That the Resident understands each service, facility, and utility service that the Cottinlunity Owner will pmvide, 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 wmtire the proper and adquate installation of utilities 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 hemby states that he/she has received the following part-,of this Rental/Lease Agreement and understands said parts and that the listed parts are incorporated herein and become a part of the RentallExase Agrement as is fully set forth herein: `Part I A copy of thisRental/Uase Agreement Part 2 A copy of Leiby',: M14C Community Standards Part 3 A copy of Act 261 known as Ibe Mobile'l,forne rights Act 17, NON-2&MB The acceptance of runt by the Community Owner is not dcoined as a waiver ol'any rights or remedies for A breach or subsequent breach by the resident of this'llental/l.case Agreement or the Community Standards. is. .:LEGM,EXES.C-OtMT-FFES AND/OR ATM NF .4y FEEq Community Owner shall charge in accordance with the law,any attorney's fees,court costs,and tither reasonable cogitt incurred by the Community Owner as a result of upholding, enforcing, or obtaining compliance of this Rental/1.4ase Agreement or the Community Standards as a result of a breach or default on behalf of mho Rcoidarit, PEAN�YLVANIA-- L.EASEV-,L-EI3YS .,MHC * I- L 0 08/07/13 08:45AM LEIBYS MHP 7177900690 P.12 Jt6siden%Initials--a--- 19, SyRY1'c?2111 This Ixase Agreement is binding upon the successors,assigns, heirs, lion holders, agents,executors and administrators of the Resident, The Community Standards(Also known as theIkules and Regulations)are a condition of this'RentaMease.Agreement and to which all residents,guest's, invitee's,and others must comply with as a condition of occupancy.A QE ITIP, C12MMUM ARDS IS A BRFACH OF TH1�5-UnAUL LA _ E AGggiMINT AND MAY &WF,!Qj M ^w "1 FOUND T!2 M�-W IDEEA L _TIJ.'VSf-,, rAjSJ2&Ua TO EVIMON &Y_A;MY_ .kj OF I...... MFANS ALLP_WKII P_)Lk&W_.All residents ore responsible for theactions of their children, By it the resident signing of this tease,, said resident acknowledges receipt of Community Standards.'i§:Iiiiy:are:"n on the date of signing and to fully comply with those Community Standards or any amended Standard that the Community Owner may implement at a future time. M IJP_PAjVS Community Owner may at its discretion change, update, and/or amend tiny section of the Rental/Lease Agreement or Community Standards with a thirty(30)day written notice to the Resident as required by law. 22, BEQUMDRIVS SMAMUE, ,- ENT INS Community Owner does not carry insurance to protect the rcsident'or their property against loss including but not limited to Fire, theft, vandalism, criminal acts, acts of God,.er other oausca.�'Each resident is required to carry insumnco against less and liability. Resident must provide proof of such insurance as a condition of occupancy. ZI NQJWM - # Any contractual obligations or special permission/exemption of use must be in a written form from the Community Owner. Any deviation of the Conununity Standards granted by Community Owner or the agent thereof must be in writing. 11--MEMNAMN OF BEHU.NICY All persons socking residency in the Community are required to complete nit application for residency.Any prospective Residefit who falsifies any part of the applidation documojit will be denied residency from the Community and if such falsifications are discovered aflor residency tins been granted, residency status will bc revoked and the Resident will be evicted fro'M 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. RESJPFWJ�rEMQVAL 1"R91'91CIT Community Owner,shull not be responsible for any personal property tell in die community upon termination, surrender, or abandonment of the promises, Furthermore, Community Owner shall not be liable for the storage or disposition of any residents personal property. I A- L GEI B Y 5 H C 08/07/13 08:45AM LEIM MHP 7177900690 p•13 Residents Initials 26. COMMMTY QWNER. LIABILITY Community Owner shall not be liable to any Resident, Residents invitees, guests,family,or employees of the premises for any in{uries,deaths, or damage to life or property caused by defoots,disrepair, or faulty construction of the premises except whore as provided by law, Community Owner shall be hold harmless of any liability arising from death or damages by such incidents but not limited to faros, floods, storms, failing trees or branches, vandalism,criminal activity, explosion,rain,or other scenarios beyond the C';ommunity Owners control. 27QF C Resident does hereby represent that neither Resident or any person who resides or is proposed to reside with the r Resident in the cornmunity is or will be n ,Prohibited Person, as that term hereinafter defined. AA `.`Prohibitezi Person"is any entity, person or party: that is listed in the AnneN to, or is otherwise subject to the lirovisions of, I xi;6ufave Order 13224 issued on September 24, 200.1 (.i 01.1224); whose name appears on the United States 'Treasury Doarbment's Office of Foreign Assets Control (OFAC) most current .list of"Specifically I)esignated National and Blocked Persons" (Wltioh :list may be published front time to time in various meditrrns including but not li►nited to, the QI'AC 'website, liftp.www.t,rea-s.gov/ofac/tl Itdn.pdf) (the Of-AC list); who commits, threatens to commit, or supports-"Terrorisw," as that term is defined in EO 13224;or who is otherwise affiliated with any entity or PeWn listed alx)ve, 28 KARDES DQUND This Rental Agreement shall he binding upon the parties hereto. Sigxtcd with our hands and scals the day,month and year.first above mentioned. p� wi'i"rli�ss..�._..� .--------.-_.._------��.,...�_ �ilsa •lwri•a�� W1!'NESS r� RES11)LNT DATE E LIST ALL OTHER OCCUPANTS TO RE.SME IN THE T110 V, PENNSYLVANIA S. . 00/07/13 00:45AM LEIBYS MHP 7177900690 p•14 • •�' U` Base Rental Fee -&:2` r Corner Lot ,_-- Additional Occupants LEIBY'S MODIELE HOMIE PARK 7073 Carlisle Pike Carlisle,PA 1701 ' Phone: (717) 647-1321 Total Dent Due • E$&W LEQULAIMLS It is Management's wish that Leiby's Mobile Horne Park shall always be one of the • finest residential areas of Pennsylvania. In order to assure the health, safety and welfare of the community as a whole, your complete cooperation, as a resident, is needed to comply with the following regulations. e i.=jq • 1. PLICA170 - All proposed residents must complete in full an application for residency, including any and all required credit checks and character references. The application for residency must be approved prior to moving into the Mobile Home Park, All occupants must be registered. • 2. U, NTAL - The lot space rental fee shall be $M..:w?:���- cV for up to two (2) occupants. Bach additional occupant will be assessed a monthly per capita charge of$7.00. Any individual remaining at your residence in excess of a period of thirty (30) days shall be considered a resident. It shall be the responsibility of the resident to notify Management of such residents. Residents shall pay the same per capita fee as set forth in • the preceding paragraph. 3. DEFQSjj: - A deposit in the amount of$„_,_3� "2 will be payable upon execution of this agreement. The security deposit will be refundable to resident upon moving home from the Mobile Home Park or when a new resident is approved by the Park • office and pays their security deposit, less all debts including any damages to landlord's property, any unpaid rent and/or any unpaid penalty, unpaid water rent or other fee including removal fees. 4. "ASE - This shall be a month to month lease. The lease shall renew itself automatically for an additional month unless either party gives the other 30 • days written notice of termination. The monthly lot rental fee shall be payable in advance on the first day of each month. If the resident remains in possession for even one day of an • 08/07/13 08:45AM LEIBYS MHP 7177900690 p.15 • additional month, then rent shall be due for that entire month. The monthly rental shall be established periodically by the landlord, with notices of any changes given to residents at least 30 days before they become effective. 5. LATE. E - Rent must be paid on or before the first day of the month. Pent is to be paid at the Park office. There is a grace period until the end of • business hours on the 10' day of the month, after which a late charge of$20.00 will be due and payable before the rental account can be credited. If rent and the $20.00 late charge is not paid by the V day of the following month, therc will be an additional $20.00 late charge for every succeeding month that the rent remains unpaid. Postmarks on rental payments will not be considered as date. paid. The day the rental payment arrives at the office during business hours is the day it is considered paid. The late charge applies in all cases and no excuses will be accepted. If the rental payment check is paid on time but is returned by the bank for any reason after the 10'h of the month, the $20.00 late charge will then be due and payable and, in addition, the total, to include return check charges of$20.00, will have to be paid either in cash, certified check or money order. The same check will not be redeposited, nor will another personal check be accepted for that amount. • f. MWE E 4F HQ - Manufactured home spaces shall be used for residential purposes only. Residents may not sublet the premises or any portion or pant thereof, nor assign the right to remain on the mobile home lot space. The resident may sell the manufactured home belonging to the resident, but if following the sale, the • manufactured home is to remain in the community with a new owner, written approval must be obtained prior to sale. If a manufactured home is sold to a buyer who is not approved by Management, the sale will be valid but the new purchaser will not considered a resident and the manufactured home will be required to be removed from the community immediately. You may, therefore, suffer substantial damages if you attempt to sell without Management's approval. One reasonably sized "Fur Sale" sign is allowed. "For Sale" • signs can only go on the property being sold by the individual, not at the community entrance or at the entrance of streets within the community. No other signs are allowed. Management approval must be obtained before driving "For Sale" sign post into the ground due to underground utilities. • Qe eral 7. LIAR .IU_Ty • Residents assume all responsibilities of any kind associated with their personal property or person(s)in connection with occupancy. This includes all family members aad guests. Any problems or breaches of rules perpetrated by fancily members or guests will be the sole responsibility of the resident. This includes paying for • any damages proven to be caused by them. Repeated problems with any member of the resident's family will be considered a breach of this rule and any other rules pertaining specifically to the problem. Residents will be held responsible for all actions of their family members and guests. • • 0 08/07/13 08:45AN LEIBYS XHP 717790.0690 P:.16 0 1 NAME - Each Mobile Home Park resident is responsible for grass cutting and leaf raking of his yard. Snow removal from patios and sidewalks is also the Park residents' responsibility. Grass shall be mowed and trimmed every seven days during the growing season. Any grass over five inches high will be mowed by the Management and billed to the resident or that lot space at the rate of$20.00 per cutting, 0 "NUT 9. AMW_DY_A_L__ R VE A CLEAN, NEAT, WELL MAINTAINED APYEARANCE MUST BE MAWTAWED AT ALL TIMES. Use a storage building for the storage of bikes, tires, barbeque grills, toys and other items. One storage building, maximum size 10 feet by 12 feet, is permitted per mobile home space. The storage building must be of wood construction and be kept -to the rear of the lot. If you choose to build your own shed you must first receive approval from, the Park Management. Swing sets are to be kept to the rear of the lot away from shrubbery. Wading pools must only be placed on patios. 10. -AM - Resident may not place any above ground tanks on the premises without express written consent of the landlord. It shall be the resident's sole responsibility to comply with all existing and future statutes, rules, regulations, ordinances, and order related to the storage tanks (including pipes and equipfilent connected thereto) on the premises, and to keep and maintain the tanks in good condition and repair, such that they do not leak or present any harm or threat of harm whatsoever to the premises, the public safety and welfare, or the environment, Resident shall indemnify and hold harmless landlord from and against any and all expenses, liabilities, or costs of any kind or nature, including attorney's fees, arising out of, caused by, or related in any way to resident's installation, ownership, operation, maintenance or closure of the storage tanks. In addition to any other rcmcdies available, upon resident's failure to comply with this paragraph or obtain the landlord's approval to maintain the tanks on the premises, landlord may, but Is not obligated to (1) order the resident to remove or repair the,tank and restore the site, (2) without waiving its right to indemnification or to pursue any remedies available, remove or repair the tanks and restore the property itself at the resident's expense, and/or(3)terminate this tenancy. Landlord shall have the right to inspec't the premises to ensure compliance with this paragraph. 11, E&Q2_ANL- - Agway cmrrently services many homes in the Park. Residents may contract with Agway to provide propane utilizing tanks located beside the home. Residents also have the option of contracting with any other commercial supplier of their choice to provide propane service to their home. 12. Patios are not to be used for storage. Only lawn furniture is permitted to be kept on the patio. Nothing, including clothes lines, is permitted to be attached to any awning post, tree, or shrub in the Mobile Horne Park. 13. ALTEItAT N - No exterior alterations or additions to the home or mobile home lot space may be made by the resident without prior written approval of the Park Management. All skirting, awnings, porches and other additions shall be maintained • 08107/13 08:45AM LZIBYS HHP 7177900690 p.17 in good condition. All mobile homes in the Park must be fully skirted in with manufactured vinyl or aluminum skirting. 14. W &OAG - Individual water meters which aTe owned, installed and manufactured by Landlord shall measure the usage of each home. Residents shall, pay for the repair or replacement of water meters if they fail to protect them from freezing or if they cause the meters to be damaged or removed. A monthly bill.for water usage will be sent to Residents. Meters will be read in the middle of each month, bills sent on the 2001, with payment due on the 1". Payment should be included in a single check with lot rent. Billing will be generated by WaterMaster, It will be almost identical to bills directly issued from Pennsylvania American Water Company in that it will include a service charge along with per gallon usage, at the current residential rates of that company. 15. WAXIMRIM, - Residents are responsible to see that heating tapes are placed on water lines. Please be certain that tape is installed correctly to reduce fire hazards. Residents are responsible for die water lines between the water riser and the -mobile home input connection. 16. QJ7_T3JP_E AN �NNA - No television or radio antenna(s)are permitted. 17. No fences are permitted in the Park. 18. N-01.M" - Television, radios, stereos and any other sources of noise are to be kept at a low volume after 10.00 p.m. No loud and unreasonable conduct will be permitted at any time, day or night. 19. ]D.ANGFR V_a_A,CTJYJX= - Dow and arrow, BB grins, pellet guns and air rifles, or any type of firearms, may not be discharged in the community/park. Fireworks considered by local authorities to be illegal will not be allowed to be set off in the community/park. 20. C_R1NJ_N_AJA_CT1_)M - Any resident who is hereafter arrested for and/or convicted of or pleads guilty to a f0ozy, public drunkenness, or engages in the selling or use of drugs or immoral conduct within or outside the Park, shall be subject to eviction, 21. LAUNDRY RQOM - No loitering in the laundry room is permitted. Any person under the age of sixteen must be accompanied by an adult when entering the laundry room and/or using the washers and dryers. 22. BI No person will be permitted to rearm or ride bicycles, skate boards or any form of vehicle propelled by foot or hand power in the Park after sunset. • 0 08/07/13 08:45AM LEIBYS XHP 7177900690 P.18 23, FM - No dogs are permitted in the Park, No pets that are housed, penned, staked or tied outside of the resident's home or permitted to roam free are permitted in the Park, No pets are permitted in rental homes. If cats are found roaming free, they will be considered to be stray and dealt with accordingly. There is a penalty of$20.00 for violating this rule. This also applies to all visitors and guests who bring their dogs along While visiting you, 24. S LICITAMON - Residents are permitted to invite to their homes such vendors as tradesmen, delivery men or suppliers of various goods and services and to purchase goods and services from a vendor at the resident's own choosing. However, vendors will not be permitted to solicit in the community. Residents are requested to notify 0 the community office immediately of vendors attempting to solicit on the community premises. Vendors will not be permitted to deliver goods or provide services in the manufactured home community before 7:00 a.m. nor after 10:00 p.m., except for an emergency, 25. The Park shall not be liable for 0 any damage or injury which may be sustained by the resident or any other person as a consequence of the failure, breakage, leakage, or obstruction of the watef, 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 or other resident's agents, guests, licensees, invitees, sublessees, assignees or 0 successors, or attributable to any interference with, interruption or failure, beyond the control of the owner, or any services to be furnished or supplied by the owner. Residents are urged to obtain the necessary insurance against these above contingencies. 26. EM - Fire of any kind, except barbeque grills, are prohibited, ♦ 27. A�M - Axles may not be removed from any home in the Park. 28. a REUQY-ALQF IMAM, Residents rfiust pay all real estate taxes assessed and levied against the manufactured home. Residents must notify the community office as soon as possible when they are planning to move from the community. A 0 minimum of thirty (30) days written notice is required, The home may not be removed from the Park unless all rent, fees, charges or assessments are paid. Management may prevent the removal of a manufactured home to enforce this rule. Residents are advised that prior to removing a home from. the community, a removal permit must be obtained from Silver Spring tax collector. This removal permit must be shown to the Park Management before commencing removal of the unit. Any damages to the resident's lot, utilities or Park 0 property will be charged to the resident, 29. E NTIS RIGHTS AELEA fflSSE $M - After the Management has obtained possession of the lot by legal process, the Management may enter the home or vehicle and secure any applications, furnishings, materials, supplies or 0 other personal property therein, and the Management shall have the right to move the home to the storage area of the community or to such other location as the Management deems 0 I I i. 1 08/07/13 08:45AX LEIBYS MHP 7177900690 P.19 proper and necessary. The Management will have no responsibility or liability for safeguarding the home or vehicle, its contents, and any appendages prior to or during the move or after the home has been relocated and placed in storage. The Management shall have no liability to the resident or any other person under these or any other circumstances. The provisions here also apply to such an abandoned home which is owned by a resident who has filed a petition in bankruptcy or is adjudicated insolvent, whether or not the home is financed. Tn such event, the lease agreement with the Management shall automatically terminate on account of such violation, and the home in subject shall be removed forthwith frQrn the community by the Management. The Management shall remove the home to the storage area of the community or such other location deemed suitable for storage. In such event, the resident in violation hereof shall be liable to the Management for all reasonable costs of removal of the home, which is described in the Fee Schedule. All charges or costs incurred hereunder shall be deemed an additional rent which shall be due, payable and collectable as such by the Management in any legal action, regardless of whether the lease agreement with the violating resident has been terminated. 30. < - AN garbage is to be placed in the container at the rear of the Park. No plastic bags or trash,are to be set on the lawn or patio, 31, Anything planted in-the ground on the manufactured home lot, whether such planting is accomplished by the Management or by the residents, shall be considered the property of the Park owner, Residents moving from the community will not be permitted to remove trees,bushes, plants or other shrubbery from their lot. 32. All rental units are to be left in the same condition as upon entering. 33. &MEhVNTAL_J_T,,AT_M - Absolutely no kerosene beaters an allowed in rental units. ,TrAf& and Velhal es 34. LICENSED DRTYJ-J1 , ' . Only licensed drivers with valid licenses are permitted to operate motor vehicles in the Park. 35. PARKJN__Q - No double par-king is permitted on the streets, Residents shall not park in other residents' parking spaces or allow their guests to do so. Designated parking is provided for more than two vehicles, including guests. No vehicle parking on the grass is permitted for any reason. 36. LE MCM - A resident may keep only licensed and operative vehicles in the Park which have a current, -valid inspection sticker and license plate. The parking of immobilized or disabled vehicles in the Mobile Home Park is prohibited, Ii 08/07/13 08:45AII LEIBYS HHP 7177900690 p.20 i 37. - Any vehicle not belonging to a Park resident that is left parked in the Mobile Home Park for a period of three days will be towed away at the owner's expense. 38. YF TM�JU2 - 'The placing of a vehicle on jacks or blocks, or the performance of mechanical repairs or maintenance work such as the draining of fluids is i prohibited. 39. SEMI= - 'The speed limit in the Park is S MPH, 40. 'A'i MEROALYMCIM - Paarldng of any tie of commercial vehicle i is Prohibited unless approved in writing by the Park Management. 41. A. `+ M.M.5DAX., Parking and storage of boats, boat trailers, travel trailers, tent campers, pick-up campus, snowmobile trailers, and any other recreational vehicles will be permitted only at a designated parking area, storage space is limited, so if the designated parldng is filled off-site storage is required. Parking any of the i above items anywhere else in the Park other than in the area designated will be a violation of Park rules and reason for eviction. 42. -Into motorcycles are permitted in the Park. Operation of non-conventional vehicles, such as m,i.nibikes, dune i buggies, snowmobiles, 3 and 4 wheelers, and go-karts within the community is prohibited. There is a penalty of$20.00 for violating this rule. This also applies to all visitors and guests who bring their motorcycl • • • • • • Exhibit "B" • • • • • • 07/10/13 17:49PM LEIBYS MHP 7177900690 P•19 • e .. 's MANUFACTURED HOME cC7MMUNITY 7073 Carlisle Pike,Carlisle PA 17015 (717) 697-1321 • NO'F<CE Resident' Mat w paw: Barbar§Vandersloot _,- Address: _. 209 K 'West vd. -.....--- • Lot#: pear.Resident(s): • Pursuant to Pennsylvania Act No. 261 of 1476, and the notice provided h� �was required t by that Act,please take notice that your noit�eerental ceivCd to date. IJ f.his p�'Crtlue rent, plus tk�c$ before �lovember�24X 5 A.O(}late charge is not paid withirY thirty(30)days,(by December S,201.2),r�ve steall law- commence the eviction proceedings and other remedies available to us by ls+w• • This will also serve to notify you that if you pay the overdue rent within the thirty (30)day period described above,but again fail to make a rental payment when due within six(6)months from the date of this notice, eviction proceedings may be commenced with no further notice to you. • Also please note that this amount does not include rent for the month of U eber,2012, Signed, • Leihy's M. C Management Team —/di Uate • • • • • Exhibit "C" • • • • • Resident Ledger Date: 8/14/2013 Resident Code: t0003219 • Property: 0130 Unit: 226 Barbara Vandersloot Status: Current 209 Key West Blvd. Rent: $ 357.00 Carlisle,PA, 17015 Deposit: $ 336.00 Move In Date: 07/01/08 Move Out Date: Due Day: 1 Tel Num(Office) Tel Num(Home) Date Description Charges Payments Balance Balance Forward 182.16 11/01/12 Base Rent(11/2012) 347.00 529.16 11/01/12 Trash Recovery(11/2012) 10.00 539.16 11/06/12 Late Charge 50.00 589.16 12/01/12 Base Rent(12/2012) 347.00 936.16 12/01/12 Trash Recovery(12/2012) 10.00 946.16. 12/01/12 sewer 10/12/12 to 11/12/12 38.39 984.55 I 12/01/12 water 10/12/12 to 11/12/12 54.78 1,039.33 12/06/12 Late Charge 50.00 1,089.33 01/01/13 Base Rent(01/2013) 347.00 1,436.33 01/01/13 Trash Recovery(01/2013) 10.00 1,446.33 01/01/13 Sewer- 11/12 to 12/11 38.39 1,484.72 01/04/13 Court costs-filing tenant/landlord 264.74 1,749.46 • i 01/06/13 Late Fees 1/2013 50.00 1,799.46 01/08/13 Water- 11/12 to 12/11 47.43 1,846.89 01/18/13 Chk# 0807- :CHECKscan Payment 150.37 1,696.52 01/18/13 Chk# 0808- :CHECKscan Payment 136.15 1,560.37 01/18/13 Chk#060336- :CHECKscan Payment 1,428.00 132.37 01/31/13 Water bill for 12/11/12 to 01/11/13 64.87 197.24 02/01/13 Sewer 12/11/12 to 01/11/13 38.39 235.63 02/01/13 Base Rent(02/2013) 347.00 582.63 02/01/13 Trash Recovery(02/2013) 10.00 592.63 i 02/26/13 Water bill 01/11/13 to 02/11/13 74.97 667.60 02/27/13 Sewer billing for 1/11/13 to 2/11/13 38.39 705.99 03/01/13 Base Rent(03/2013) 347.00 1,052.99 i 03/01/13 Trash Recovery(03/2013) 10.00 1,062.99 03/06/13 Late Charge 50.00 1,112.99 03/11/13 Court Fees.filed 2/28/2013 134.67 1,247.66 03/15/13 sewer 2/11/13-3/11/13 38.39 1,286.05 03/15/13 water 2/11/13-3/11/13 49.27 1,335.32 04/01/13 Base Rent(04/2013) 347.00 1,682.32 04/01/13 Trash Recovery(04/2013) 10.00 1,692.32 I 04/06/13 Late Charge 50.00 1,742.32 04/18/13 sewer 3/11/13-4/10/13 38.39 1,780.71 Page 1 of 2 Resident Ledger Date: 8/14/2013 Resident Code: t0003219 • Property: 0130 Unit: 226 Barbara Vandersloot Status: Current 209 Key West Blvd. Rent: $ 357.00 Carlisle,PA, 17015 Deposit: $ 336.00 Move In Date: 07/01/08 Move Out Date: Due Day: 1 Tel Num(Office) Tel Num(Home) Date Description Charges Payments Balance 04/18/13 water 3/11/13-4/10/13 44.68 1,825.39 05/01/13 Base Rent(05/2013) 347.00 2,172.39 05/01/13 Trash Recovery(05/2013) 10.00 2,182.39 05/05/13 Chk# 084684- :CHECKscan Payment Reversed by 429.97 1,752.42 ctrl#1166161 05/06/13 Late Charge 50.00 1,802.42 05/10/13 Chk# 084684- :Prog Gen Reverses receipt Ctrl# 1163747 (429.97) 2,232.39 05/22/13 sewer 4/10/13-5/11/13 137.19 2,369.58 05/22/13 water 4/10/13-5/11/13 233.79 2,603.37 06/01/13 Base Rent(06/2013) 347.00 2,950.37 06/01/13 Trash Recovery(06/2013) 10.00 2,960.37 06/06/13 Late Charge 50.00 3,010.37 06/14/13 sewer 5/11/13-6/12/13 38.39 3,048.76 06/14/13 water 5/11/13-6/12/13 37.33 3,086.09 07/01/13 Base Rent(07/2013) 347.00 3,433.09 07/01/13 Trash Recovery(07/2013) 10.00 3,443.09 07/06/13 Late Charge 50.00 3,493.09 07/17/13 Sewer 6/12/13-7/12/13 38.39 3,531.48 07/17/13 water 6/12/13-7/12/13 43.76 3,575.24 08/01/13 Base Rent(08/2013) 347.00 3,922.24 08/01/13 Trash Recovery(08/2013) 10.00 3,932.24 08/06/13 Late Charge 50.00 3,982.24 I I Current 30 Days 60 Days Over 90 Current Owed 489.15 407.00 853.70 2,232.39 3,982.24 Page 2 of 2 • • • • • • Exhibit "D" • • • • • 0 07/22/13 03:04PM LEIBYS MHP 7177900690 p.14 1 i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Juc gment/Transcript Residf�ntial tease Mag. Dlst. No; MQJ-09-3-04 T Lei6y's M'Kc. MDJ Name; Honorable Paula P. Correal I V, Address: 5275 East Trindle Road Barbara A Vanden scoot, Matthew Dawson Suite 110 ; Mechanicsburg,PA 17050 Telephone: 717-697-2201 Matthew Dawson Docket N0: PAJ-09:304-LT-0000030-2013 209 Keywest Blvd Case Filed; P/28/2013 Carlisle, PA 17015 , i , 4 Disposition Details Grant possession, Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary Q,cketA fie aadixot !ai# Malioip Q122ositlon Date MJ-09304-1,T-0000030.2013 L.elby'sM.H,C. Barbara AVandersioot Judgmenlfo#Plaintiff 04/1612013 MJ•09304-LT-0000030.2.013 L91by's M.H.C. Matthew Dawson Judgment. fr�laintiff 04/1612013 Judgment Summary i^,jpant JQl U§eyoral Ll bility Individual Ll Qility Amount Barbara A Vandereloot $1,776.50 $0.00 i $1,776.50 1.6by"S M.H.C. $0.00 $0.00 $0.00 Matthew Dawson $1,776.50 $0.00 $1,770.50 i Judgment Detail {'Post Judgment} In the matter of Leiby's M.H.C.vs. Barbara A Vandersloot;Matthew Dawson on 4/16/2013 the judgrnel}l was awarded as follows: A The amount of rent per month.as established by the Magisterial District Judge,is$347.00 k Ju4lgme►11 Cgmponant ,�ointlSevaral LiabillN Indlvidual Liability io.� sit.Ap�w Amount Rent in Arrears $1,604,66 50100 j $1,604.66 Costs $5,U0 $0.00 ' $5,00 Costs $5,00 $0,00 $5.00 Server Fees $32.17 $0.00 $32.17 ! Server Fees $32.17 $0.00 i $32.17 Filing Foos $07.50 $0.00 i $97.50 Grand Total: $1,776.50 Portion of judgment for physical damages arising out of residential lease:! $0.00 i i i i i 0 l i i MDJS 315A Page 1 of 3 ; Printed:04117/2013 9:30:51 AM , , w 07/22/13 03:04PM LEIBYS NHP 7177900690 p.15 1 i Leiby's MJ+C, docket NdI:M,J-69304-LT-0000030-2413 • Barbara A Vandersloot, Matthew Dawson i IN AN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AF'T'ER THE DATE OF ENTRY OF JUDGMENT 13Y FILING A NOTICE OF APPEAL WITHjTHE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS,CIVIL DIVISION, AN APPEAL MUST BE FILED WITHIN TH14TY DAYS IN RESIDENTIAL LEAST; ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL 01�,THE MONEY JUDGMENT,IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS,THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY,hCLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED,tI OWEVER,LOW-INCOME ANWOR SECTION$T'ENANT'S SHOULD REFER TO Pa,R.C.P,M.D.J.NO,1006 OR 1013 FOR DIFFERENT PROCEDUI•E$REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A REST ENTIAL LEASE,THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILL:A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COUNT OF COMMON PLEAS,CIVIL,DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlTRANSC�7IPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGMTEIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL rURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTgRIAL DISTRICT JUDGE, UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTEi}7 IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL.DISTRICT JUDGE IF THE JUDGMENT bERTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. # 1 7 Date Senior,Magisterial District Judge Paula P.Corroa# . 4 cer y a �s";is a true and corroc copy of 1e recurd of he proceedings cop+a rl ng ie,agma�.i ,i Date Megislerlal District Judge l t a • r i t i r • t 1 t i i 1 t i 7 i 1 • t 1 1 MDji 315A Pag e 2 of 3 Printed:0411712013 9:30:51AM i • r , r Exhibit "E" s - LEIBY'S 1`.-1.H.C, IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. No. 13-2236 r-� • BARBARA A. VANDERSLOOT and MATTHEW DAWSON c`' Defendants. J7 C) _ • PRAECI E TO TCRMINATi?, SUPERSEDEAS PURSUANT 'CO Pa.R.C.P.M.D.J. 1008 TO TVIB I'ROTIJONOTARY: Pjea.sc terminate the Superscdeas in the above-refercneed matter, Appellant./Defendant Matthew Dawson has (ailed to deposit rental payments \�,*tli the protho notary despite Pa.tZ.C.P.M.D..1. No. 1008(13) requiri11g him to do so. • IZespcctfirlly Submitted, McNl;I S \VALLACF & NUI:[CK, I,I,C '13arb,u'a A. Darkcs I.D. No. 77419 • v .Icrome P. DeSanto I.D. No. 314637 100 fine Street P.O. I-lox 1 166 I-larrishurb, PA 17108-1166 (717) 232-8000 A110rreey.r for 1'lcrin�iff,' Leiby's Allobile 110/71(' Dated: August 9, 2013 Corm unity, LLC • • CERTIFICATE OF SERVICE • AND NOW, on this 9th day of August, 2013, I hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: • Karl E. Rominger, I:�sq. 155 South Hanover St. Carlisle, PA 17013 • Counsel for" Defendant Matthew Dowson L�out;las Kelth Marsico, Esq. Caldwell & Kearns, PC 3631 N. front St. 1-larrisbur,O, PA 171 10-1 533 Colv7sel for lief nmkinl l3OOM",0 I. (iur�der,tiJocrl . Y �_�...._............. .._ ,fc c)mc P. De( • • • TERMINATION OF SUPERSEDERS Upon confirmatioii of Appel lant/Defe-ndam Malthew Da,.vson's failure to deposit the rent required by Pa,R,C.P,J\4,D..T. No. 1008(3), the Supci-sedeas is terminated. BY: Deptity TRUE Copy FROM RECOM in Testimony whereof,I here unto set my hand and the of said Co at carlitile,Pa This Jj day of �2013— promos otary 1� //Pow i r f / _, ,� _ 4; i E Darkes, Barbara From: Doug Marsico [Dmarsico@cklegal,net] Sent: Tuesday, August 13, 2013 11:23 AM To: Darkes, Barbara Subject: RE: Leiby's v. Vandersloot and Dawson No objection. Are you moving forward with the Order for Possession at MDJ' office? Douglas K. Marsico, Esq. CALDWELL& KEARNS, P.C. 3631 N. Front St, Harrisburg, PA 17110 Phone: (717)232-7661 Fax: (717)234-0857 www.caldwelikearns.com CONFIDENTIALITY NOTICE: This electronic mail contains information from the law firm of Caldwell & Kearns, which is confidential and/or legally privileged. If you are not the intended recipient, you are notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Please notify us immediately if you receive this transmission in error. Thank you. From: Darkes, Barbara [maiIto:BDarkesC&mwn.com] Sent: Tuesday, August 13, 2013 10:59 AM To: Doug Marsico, Subject: Leiby's v. Vandersloot and Dawson Doug— We are moving forward with filing our Motion to Amend Complaint. Please let me know whether you concur in that Motion. Thank you. Barb Barbara A. Darkes McNees Wallace & Nurick LLC 100 Pine Street, P.O. Box 1166 Harrisburg PA 17108-1166 Direct Telephone: 717.237.5381 Direct Fax: 717.260.1677 BDarkesO.mwn.com McNees Wallace.& NuriCk.LLC The foregoing message may be protected by the attorney-client privilege. If you believe it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, then delete it. Thank you. Pursuant to U.S. Treasury Department Circular 230, unless we expressly state otherwise, any tax advice contained in this communication (including any attachments)was not intended or written to be used, and cannot be used, for the purpose U� Darkes Barbara � From: Do8onto. Jerome Sent: Tuesday, August 20, 2013 9:O2AM To: kari@romingerlaw.com — Cc: Dmrkee, Barbara Subject: Leiby'a M.H.C. v. Dawson/Motion for Leave bzAmend Dear Mr. Ronningen As I expect you know by now from our previous filings, McNees Wallace & Nurick LLC has been engaged to represent Leiby's M.H.C. in the Leiby's M.H.C.v.Vanders|oot& Dawson case. We vvi|[ in the next few days, be filing a Motion for Leave to Amend Complaint. As the Cumberland County rules provide,we have contacted your office seeking your concurrence in this motion before filing. | spoke with your Paralegal, Chris, nn August 14, 2O13 and August 19, 2O13. During the first conversation,Chris indicated he would check with you regarding whether you concur in the Motion. In the second conversation, he indicated that you consent to the Motion. | ann sending you this email to memorialize nny conversations with Chris. If anything I have stated in this email is inconsistent with your understanding and/or if you do not concur in our Motion, please advise in writing before the close of business on Wednesday,August 21, 2013. Otherwise, we will proceed with our filing and note your concurrence. Sincerely, Jay DeSantm 100 Pine Etnesd. pD Box 1106 Harrisburg. PA 17108-1188 Direct Phone: 717.237.5213 Direct Fax: 717.260.1728 M m��N������.��V�,� ��q��o���� ��}����&Nur1ck.,Lc Notice: The foregoing message maybe protected by the attorney-client privilege. |f you believe that it has been sentho you in ervrr, do notneod it. P|oomo reply to the sender that you have received the message in orvo/, than delete it. Thank you. Pursuant to U.S. Treasury Department Circular 230, unless we expressly state otherwise, any tax advice contained inthis communication (including any attachments)was not intended or written to be used, and cannot be used, for the purpose of avoiding tax-related penalties or(ii) prVrnotinQ, marketing o,recommending to another party any matter(s) addressed hernin N� ' �� ' CERTIFICATE OF SERVICE AND NOW, on this 23rd day of August, 2013, 1 hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Karl E. Rominger, Esq. 155 South Hanover St. 6 Carlisle, PA 17013 Counsel for Defendant Matthew Dawson Douglas Keith Marsico, Esq. Caldwell & Kearns, PC 3631 N. Front St. Harrisburg, PA 17110-1533 Counsel for Defendant Barbara A. Vandersloot Barbara A. Darkes • I -i v LEIBY'S M.H.C. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff, V. No. 13-2236 BARBARA A. VANDERSLOOT and • MATTHEW DAWSON Defendants. • ORDER AND NOW, this g day of L L1 S , 2013, in • consideration of Plaintiffs Motion for Leave to Amend Complaint, and Defendants' concurrence in that Motion, the Motion is granted and Plaintiff is afforded leave to file an Amended Complaint within 20 days of this Order. • J. • _ w Urstribution: G � /Barbara,A. Darkes, Esq. McNees Wallace&Nurick, LLC g;X) � 100 Pine Street , P.O. Box 1166 -:a Harrisburg, PA 17108-1166 - - it Jerome P. DeSanto, Esq. C:) CD. McNees Wallace&Nurick, LLC t� 100 Pine Street W • P.O. Box 1166 Harrisburg, PA 17108-1166 j/Karl E. Rominger, Esq. 155 South Hanover St. Carlisie, PA 17013 • 1/Douglas Keith Marsico, Esq. Caldwell& Kearns, PC 3631 N. Front St. Harrisburg, PA 17110-1533 LEIBY'S M.H.C., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 13-2236 C BARBARA A. VANDERSLOOT and m� ci MATTHEW DAWSON, �M Defendants r- W Cy C C-) NOTICE -< - You have been sued in court. If you wish to defendi against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone Number 717-249-3166 McNEES ALLAC & NURICK, LLC By Barbara VDarkes I.D. No. 77419 Jerome P. DeSanto I.D. No. 314637 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Leiby's Mobile Home Community, LLC Dated: Augu4 , 2013 2 LEIBY'S M.H.C., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vi. No. 13-2236 BARBARA A. VANDERSLOOT and MATTHEW DAWSON, Defendants FIRST AMENDED COMPLAINT This matter concerns a breached lease agreement. Plaintiff, Leiby's MHC, LLC ("Leiby's"), submits this Complaint for two reasons: (1) to evict Defendants Barbara Vandersloot and Matthew Dawson ("Defendants") from its mobile home park; and (2) to recover unpaid rent from Defendants. In support of this Complaint, Leiby's avers as follows: 1. Leiby's owns a manufactured housing community in Carlisle, Cumberland County, Pennsylvania. 2. Defendant Vandersloot is the mother of Defendant Dawson; both are adult individuals. 3. On January 21, 2010, Defendants signed a written lease agreement with Leiby's (the "Lease"). A true and correct copy of the Lease is attached to this First Amended Complaint as Exhibit A. 4. Pursuant to the Lease, Defendants agreed to pay monthly rent to Leiby's; rent consisted of a base rent amount of$325 plus utilities, including $19 per month for sewer, $14 per month for trash, and water at an amount per month determined by sub- metered usage. 5. In exchange for Defendants' promise to pay monthly rent, Leiby's granted them possession of a lot in its manufactured housing community — specifically, lot 226 at 209 Key West Blvd, Carlisle PA 17015 (the "Leased Space"). 6. By granting possession to Defendants, Leiby's gave Defendants the right to place a manufactured home in the Leased Space and reside inside of it. 7. The Lease term is month-to-month, starting on the first day of the month and ending on the last day of the month. 8. Both Defendant Vandersloot and Defendant Dawson signed the Lease as co-lessees. 9. After signing the Lease, Defendants moved a manufactured home onto lot 226 and Defendant Dawson has occupied that home using it as his residence; upon information and belief, Defendant Vandersloot does not and has never occupied the home since it has been placed at the Leased Premises. 10. Defendants have routinely missed paying their monthly rent obligations on time. 2 A 11. On November 7, 2012, Leiby's sent a notice to quit the Lease to the Defendants, the notice, attached to this First Amended Complaint as Exhibit B, warned Defendants that failure to pay rent when due within six months of the notice would result in Leiby's commencing an eviction proceeding. 12. Near the end of December 2012, after failing to pay rent for several months, Defendants owed Leiby's an amount exceeding $1,000. A true and correct copy of Defendants' rent and payment history is attached to this First Amended Complaint as Exhibit C. 13. On December 27, 2012, Leiby's filed its first Complaints for unpaid rent against Defendants, individually. 14. Those Complaints were docketed with the Magisterial District Court: docket number MJ-09304-LT-0000151-2012 for Defendant Vandersloot; and docket number MJ-09304-LT-0000152-2012 for Defendant Dawson. However, before the court could award Leiby's possession or a judgment for the outstanding rent due, Defendants paid the outstanding rent amount. 15. By the end of February 2013, Defendants had again stopped paying rent and, for a second time, had accrued a rent balance due exceeding $500. 16. On February 28, 2013, Leiby's sued Defendant Vandersloot for unpaid rent and possession in the Magisterial District Court of Cumberland County; it later amended its complaint, naming Defendant Dawson as an additional defendant. 17. On April 16, 2013, the Magisterial District Judge rendered judgment in Leiby's favor, holding Defendants jointly and severally liable for $1,776.50 in rent due 3 and also granting Leiby's possession of the Leased Space. A true and correct copy of the court's Notice of Judgment is attached to this First Amended Complaint as Exhibit D. 18. Defendant Dawson appealed' to this Court on April 24, 2013. 19. In response to this appeal, Leiby's filed a Complaint with this Court pursuant to Pa. R. C. P. M. D. J. No. 1004; the Complaint names both Defendant Dawson and Defendant Vandersloot as Defendants. 20. An appeal from the Magisterial District Court's judgment operates as a supersedeas so long as Defendants deposit the required funds with the Court . See Pa.R.C.P.M.D.J. No. 1008. 21. On August 9, 2013, Leiby's filed a Praecipe to Terminate Supersedeas because Defendants did not deposit the required funds with the Court. The prothonotary has since signed the Praecipe, attached as Exhibit E, which states that the Supersedeas is terminated. 22. Defendant Dawson continues to occupy the manufactured home on the Leased Space, but Defendants continue their failure to pay rent for the Leased Space. 23. The amount owed to Leiby's has increased since the Magisterial District Judge granted judgment to Leiby's on April 16, 2013: When Leiby's filed its original Complaint on May 22, 2013, the amount had increased to $2,404.23; as of this filing, the amount past due is $3,982.24. ' Defendant Vandersloot did not appeal the Magisterial District Court's judgment. 4 COUNT I — EVICTION 24. The averments of the preceding paragraphs are incorporated herein by reference. 25. Defendants, for a second and subsequent time within six months, breached the Lease and violated the rules of Leiby's manufactured housing community by repeatedly failing to pay monthly rent. 26. Following the November 2012 notice advising Defendants that they were in breach of the Lease and in violation of the community rules, and that Leiby's would pursue eviction if Defendants failed to timely pay rent, Defendants have again, and within six months of the initial breach and violation, breached the Lease and violated the community rules by failing to pay rent on time. 27. Leiby's has complied with all of its Lease and legal obligations. 28. Under section 398.3 of the Manufactured Home Community Rights Act, Defendants may be evicted for (a) a second or subsequent violation of Leiby's manufactured housing rules and/or (b) not paying rent. See 68 P.S. § 398.3(a)(1)(2). WHEREFORE, Plaintiff Leiby's MHC, LLC requests that the Court enter judgment evicting Defendants Barbara Vandersloot and Matthew Dawson from the Leased Space and granting possession to Leiby's; and that the Court enter judgment in favor of Leiby's and against Defendants in the amount of Leiby's costs, expenses, and reasonable attorney fees, together with such further relief as the Court deems just. 5 COUNT II — BREACH OF CONTRACT 29. The averments of the preceding paragraphs are incorporated herein by reference. 30. Defendants have breached the lease agreement by repeatedly failing to pay monthly rent. 31. Leiby's has complied with all of its Lease and legal obligations. 32. Under section 250.301 of the Landlord and Tenant Act, a landlord may recover rent owed to it, plus interest, by bringing an action for breach of contract. See 68 P.S. § 250.301. 33. Since the Magisterial District Court's judgment granting Leiby's damages for rent due, Defendants have remained in possession and continue to remain in possession of the Leased Space by occupying that lot with a manufactured home. WHEREFORE, Plaintiff Leiby's Mobile Home Community, LLC requests that the Court enter judgment holding Defendants Barbara Vandersloot and Matthew Dawson liable for rent due to Leiby's in the amount of$3,982.24 (which includes all rent amounts outstanding as of this filing), interest that has accrued on the Magisterial District Court's judgment of $1,776.50, ongoing monthly rental charges until the home is removed from the Leased Space, and for the amount of Leiby's costs, expenses, and reasonable attorney fees, together with such further relief as the Court deems just. 6 COUNT III — UNJUST ENRICHMENT 34. The preceding paragraphs are incorporated herein by reference. 35. Defendants have benefited from remaining in possession of the Leased Space. 36. Defendants have been unjustly enriched by remaining in possession of the Leased Space without paying rent to Leiby's. WHEREFORE, Plaintiff Leiby's Mobile Home Community, LLC requests that the Court enter judgment holding Defendants Barbara Vandersloot and Matthew Dawson liable for rent due to Leiby's in the amount of$3,982.24 (which includes all rent amounts outstanding as of this filing), interest that has accrued on the Magisterial District Court's judgment of$1,776.50, ongoing monthly rental charges until the home is removed from the Leased Space, and for the amount of Leiby's costs, expenses, and reasonable attorney fees, together with such further relief as the Court deems just. McNEES ALLACE & N ICK, LLC By a-rbkoA. Dark s I.D. No. 77419 Jerome P. DeSanto I.D. No. 314637 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Leiby's Mobile Home Community, LLC Dated: August�o , 2013 7 ;. h I', 08/07/13 08:45AM L'EIBYS MHP 7177900690 p.02 z. LEASE AGREEMENT LEIBYS MHC, LLC 7075 CARLISLE PIKE, CARLISLE, PA 17015 717-697-1321 _s 03!07/13 03:45AN LEIM KHP 7177900690 p.03 Residents TrkifialS . , 1'.r3,131..E OF CONTENT'S 1)...Description...................................................................................................3 2).,.'terms........................... ......................... ...................................................3 3)...R.etxtal amount and ternis. ..................Y,,,,,,..,,..,........,..,. . .. .... ,,....,...,,.,,,.,,,,,,,A 4)...Security deposit.....................................................................................,.......5 5).-Home description........., .,...,......................... .................,,..............................5 ry6}..,�Jp,"to�f�]r{entcd site and common arcu s....................................................................� 7)...'Vehicles............ ..................r,.,,.........,...............................«,.. 8). .Sale or transfer of ownership...................................... ...... f tf i..f ........., . f..ff. .Yi. 9)...Home and lot maintenance.... ...... ..................1 1..11.,..,....,..................,.....:.7 10)'.,General........................................................,............................................7 11)...lnstallatiom........ . .... ........... ... .............. .................................................li 12).—Terti171nat on of the,Rental A grocincnt..........................,,,..............I.....................9 1;3)...Abandonment of the hone by the resident.............................. .............................9 14),.,Removal of Maine at residents decision..............................................................,.9 15}..,removal of home by Community owner.................................................. f ...... .9 16)...Disclosure statements..........................,..................................,,....................10 17)...Non-waiver........ ........................ ................................... .................... ...10 18)..,Legal fees,court fees, attorney fees. ...........I........ ........ 19)—Survivorship. ............................*.t•,..,,,.....................................................10 20)...Community Standards....................,.. 21)...Amendments,changes,updates.................. .... . ................., .....................1 l 22)...Required resident ipsuranc e....I............... ...:..... .,,............1l 23)—Notices................................. ..f ., .........:..,,...................,.......................1l 2a)...Application,ofresidency—, , .................................................•...........11 25)...residents:personal ,property............................................................................11 26)...Communityy,owners liability. ..............:...........................................................1 1. 27)—Q AC.................... .. ....... . ....................... ........................................................... .............12 28)—Parties bound/signature page.......................................................... ................12 08/0 1 7/13 08:45AN LEIBYS MHP 7177900690 p.04 &Initials; Ve%idunt LEIDYS Manufactured Home Community 7075 CARLISLE PIKE CARLISLE, PA 17015 71?-697-1321 PENNSYLVANIA LOT RENTAULEA-SE AGREEMENT This k dental Agreement made and entered into this day of by and b0tween 1,,Fj9YS M14C.LLC,hereinae "Cot nni- Owner", and.,..&� hereinafter "kesident". ................. In ille 11lulual covenants heicinafici expressed, and in compliance with the requirements of -i'lle lobjje ),Ionic Rights Act of 1970" also known as "Act 261" Soverning the relationship beiweell Resident and Community OW110T, the parties hereto agree its follows; 1, DESCRIPTION Of PROPERTY TO BE RENTED/LEASED: Community Owner hereby rents unto Resident and Resident rents born Community Owner, Manufactured Home Space: Lot #! and addres,;,:,j4-.,-j T— —Z lie it cd and m;;Upicd only for residential puWes. Tlic Rosident rents,,, plot of fZnmimi within the community described as follows; Approx iniate Length(These are on)y approximate and are not legally binding): '50 1*he ground from the inner edge of the front sidewalk or roadway to the lot line to Lite Mar Of the Mobile Wine. Approximate Width (rhese,are Only approximate and are not legally binding), 2. TEIRM This is a Month-to-Month Rental Agroctuent. The term of the Rcntal/Uase Agr";-ncnt shall commence the—L:—.- day of Wig-, and Continue in full force,and effect for a period of one month and month-to-month thereafter starting On the first day of IN month and concluding on the last (Jay of the month. However, either Community Owner or Resident may terminate this Rentalftcasc Agret=cflt M Of 1110 end Of The initial term or any extension thereof by giving at least'f'hirty (30) days' prior written notice to the other, 1,11 the event Resident occupies (Ile aforesaid space prior to the bivgjnning date, the rwit for such prior occupancy shall he Prorated and all coven,IntqObligations shall be in eff= during the prorated period, Occupancy is defined as the date this Reptal/Least:Agreement is signed. 110sident's Signature Date Date lam= PENNSYLVANIA LEA ) E / LE1BYS M11C , L ................................. 08/07/13 08:45AN LEIBYS HHP 7177900690 p.05 3. RENTAL AMQUNT AND PAY. ,NJ TERMS licsitieni agrees io pay a monthly baw lot ronl fee of S.—I per month duck on or he.foro. tlle 1'iNt Jay of` each month without notic:c to the („ontnutnity Owner. This anxwnt is hosed on two occupants per home, Any more than two uceupartt, per hOn-U; Will itht:.ur an additional charge per oceupa m. All rents tind other payments will he made at the Community Oi'I'ic:c or ail place designate, lry the Community Owner, All rent will be made payable to I�eiby', MHC. When m:cde., :.ell payments will ha applied to jz,Nt Clue anit?unt% first in the t ilowills manner: lure, court. utility. and "other” t`ces first, COS payment second, and rent p:tyrnent last for that particular month which is most delinquent. if any portion of the base rent., COS, utilities, laic/court tees, or "othtr" charg4s or arc not paid by the f;ft (5't') of the month, a late fee of ,f=ifty (50.00) dollars will he c;hatged for that month, Community Owner reserves the right to take legal action ,against the Resit:lt:nt for non-payment of rent alle.' the first (111) of the tllctttth shelttltl the rents not be paid AND tile, situation warrants this twdon, A Twenty Five (25) dollar fQk: Will lie c.hargvd on all checks that are returned by a hank for any reason. Should at resident have two cheeks returned by a blink for any reason during the period of thu lcw:t{, Community Owner will ret,luire future patynhents made by or on heh;tlf of that Resident to he either certified c'hc;c;k or azzoney order only. All tents are to) lie:paid by n check Or money order only. No cash will he accepted at the Community office. Rents will only be Qonsadered paaid when they are in the Community o>ffic;u, Other rmorithly 4hargcs due, cm or bcfore: the i°inst (I") of the.month include but arc not limited u,; All chi+rl;c�,, are based chn a monthly charge unles, olherwi,c noted. A11 tadministrtttive fee, mailing rce:, billing l'CC.meter roaditiq foe, or similar f'ec lilies he charged and/or included with tilt utility charycslfecs. Water: Included in hlase rent . �A 17aat fec oI' per nzttntlz _ Resident billed directly by utility company �_ •/__Sub-met.crud, usage billed to the Resident hasecl on the amount of gallons ux�d Sewer: _Included in hase rent •-� A inat fe+.. ol', I I 4+C', pc!r nhcmth M_ _ltcsident hilted directly by utility company �_� Sub-rztetrre.d, usage billed to the: Resident based on the amount of gallons used "Crash: Included in base rent t7,tt fee of i•ti! .4.,c ....,.,,.....l�c r nttinttt .R;;,idcm hillwd directly l)y utility company'wa ate hauler Taxes: _ J2� Included in the base rent __•..�A t'lat [CC Of,y,,,.--__ per traonth Rt;sidcnt hilted directly by the taxing au1}lorily unless otherwise noted Pet Feo- -----------------A I'lat fee tilt' �•_per nhonth per pct Other: .. . _. �.,._,...,.,.�..,. _.. ��.,.,....,. ,w..._.. 08/07/13 08:45AM LEI$YS MHP 7177900690 p.06 o Residents Wtialsw Any charges billed to the Resident as described and permitted by this Rentalll case Agreement and or the Community Standards, will be, due when the next rent installment is due and will be considered as part of the rent due. Total monthly rents/charges due and owing on or before the First(1")of the mondt for lot . i-Lt`?,...,.., known as.. and Rented is$.' �.:..: leer month. List other monthly charges to bc.billed to Resident based on usage: i�r� .�-- .fX 4..%x;��. Commwflty Owner may at it's sole discretion adjust inond)ly rents and or charges upotii a Thirty(30) day written notice of such to the Resident. A, SECURITY QWX Upon execution of the Rental/].ease Agreement,Resident agrees to pay Community owner the first month's rent in advance fn the amount as stated herr..ip, and a security deposit it, the amount of$ . 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 rise any part of the security deposit as payment of rums or otktcr charges until the Rental/Lease Agreement has beets tenninatetd by evidence of the Residents absence from the Community and/or removal of tho home from the lot dvsc ribed. by the termO.of this Resntal/].ease Agreement. The security deposit may be applied by the Corniniinity.Owner towards:any rent delinquency or outer charges which may have occurred at the termination of this Reitaill case Agreement. It is the responsibility of the Resident to provide the Community Owncr with a fbi-vV&ding adt'lress for the return of suhy monies which might be owed. Total amount of Security Deposit on file: $ 5. 11'IANUF'AC'i`CIRED JIGME DESCRIPTION Resident agrees to rent the,lot on which to place his/her manufactured home of the following description on the space agreed to above: Year �.. ....S�r.� Color Serial Number Model . ,,m ... . ._.., _.,... ._,..__ Legal owners name as it appears on the title .. ...._.�__..,.. ,.._..,.�. Finance Company(If any)--.—_. ..,.�,..,,,,... .,. _Contact.nurn6er ..,..�.��...,_..,. PE.NNSYLVANIA LEASE / LE..1 L L C �� 08/07/13 08:45AM LEIBYS XHP 7177900690 p•07 Residents Initials 6. USE OF REYVFJ)SITE/COMMON AREAS A Occupancy-'rho Resident shall occupy the deinisod premises only for the use of placing a manufactured home for his/her own dwelling purposos. Occupancy will be limited to two(2)persons per Wroom. 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. 'lite primary individual tin the title must reside in the manufactured home, B Resident information-The resident agrees to provide the Community Management with, pertaining to all occupants residing in the mobile home and other information deemed nece%s'iry-b' y"C-o' " uhtty:,Owner. C Sublease/Subletting- The Resident shall not assign this Rental/(,casuAgreement or sublet the prexpiks or any pan thcrcof. The site shall be occupied by only those person(s) whose names appear on the Rontgl/Leasp Agreement. The Resident Shall not put the manufactured home or the promises in the possession of another party" the home is on the rented lot without the prior written approval of the Community Owner.Community Owner sway at its sole discretion rent homes within the Community that are Community owned. D Rosidcrit shall not snake any alterations, additions, or improvements on tIny space.or any manufactured home located thereon without first obtaining the prior written approval of the Community Owner pummant to the procedures more fully set forth in the Community Standards. E All Residents, Guests, or invitees, shall t•in"accordance and compliance; with all federal, State, and Local statutes,ordinances, rules and regulations, Community Standards, and IaWs..'A violation of any of these aforementioned will be deemed a violation of your RehitaI4,ease Agreement. F All pets must be approved and registerd-A with the CommuvityManger PRIOR to the pet being allowed within the Community. Resident agrees to comply with all poUstipulations and rules,sot forth by tho Community Standards including the completion and signing of a pet agreement. 0 No Resident shall interfere with another residents desire to enjoy the COMMU111"ty in a lawful and respective manner. Loud and profane language will not be permitted in the Community. Stereos and televisions will be kept to a lovel as not to disturb or be heard on another residential lot within the community. Tile playing of"Loud" musical instruments such as drums are strictly prohibited. The Resident 1,;responsible for all actions of their children,posts,or invitocs.while in the Community. 4H�ICLES All vehicles within the community must be registered, currently licensed,have current valid inspetion,operable, in good repair,and properly insured, All vehicles and conduct perwining with or to vehicles as outlined in section Eight(8) of the Community Standards will be strictly enforced and Resident atvcci to abide by all terms and conditions contained therein. .�A L F, A N ff OF MNEEWHI)f f 11LX1 All Residents of the Community mwo be approved prior to the purchase of a home within Vie 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 till terms set forth in sections One(1),Two(2),Three(3),and ................ PENNSYLVANIA -LEASE. ............. 08/07/13 08:45AN LEIBYS HHP 7177900690 P-08 -Residents Initials _--- Four(4)of t6 Community Standards pertaining to the resale and transfer of ownership OP a 60010. M LOT MA1N'rFNAN!CX All rcsidents, inust keep their lot acrd hoinc in a well kept manor. 17he lot must be inaintainod in accordance with tho 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 tip keep at the Residents expense. All items not in use must be stored away. The patio and decks are 1br lawn furniture, barbeque grills,and the, like. 'This area Is not to be used as 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 Resident wishing to point their borne or being required to by the Community Owner shall do so with an approved color.Failure to maintain thegiterior of your home is a breach of lease. No trash or rubbish will be permitted to accumulate around your.home or 6'*Y'ouirlbt« Any plantings or digging of any kind must be done aftcr written V0115CTIt of the Community Owner. A10one who foregoes this oonsent, will be field liable for any damage to underground utilities aod holds the Community-Owner and their ag';jIvs harmlom. If any Resident has as contractor working on their lot or home, said contractor iriust have liability insurance coverage for such work. Resident agrees to notify Comyhunity Owner of any defectivo 'Wnditiong in the Community immediately. 10.- !9ENNAJzt 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, electricity, taxes, oil and propano; and garbage/trash collection charges due for services to the premises.during the term of this Rental/Lease Agreement or.stray extension them-of Resident agrees to be responsible for the connection and maintenance of electric lines between the' .'scMce pole and the Manufactured home. B)If tho manufactured home Jocuted upon the lot is rented to,the Resident,the Resident Is responsible for keeping the home and all of its parts including,but not,lim'ited to,plumbing fixtureq, cooking, refrigeration equipment,and electrical fixtures in a rented manufad I tured home unit in a clean and sanitary condition. The 'Resident is responsible for the ox-wv1so of rcasonable caro in tboir proper use. Satterieq for the smoke detectors in the rented homes must be serviced regulwly by the Resident. C)All Residents,guest's,invitee's,or family fneinbers must abide by all of the Community Standards concerning tho use, occupation, and maintenance of the premise,,,, 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 Rental/t,eaie Agreement. D)The-Resident hereby agrees that he/she will abide by AND sign the Community Standards as attached hereto,and incorporated herein by reference, m well as any additional or amended Rules which may be changed,altered,or enacted with proper notice as required by law. Thirty ('40) days' written notice of the changc in the Rules will be given to the Resident prior to the effective.date of the revisions. ThgjZ stand I -j) M g&d�rstan f d n tv J!�sq & $S ndard5_5j%ll cons lLreach his 1'iLent4_6.st t ga& 0 —is .0$. A_.gij4.jv_zm k—Lr.. M na Ale.--moull q B)The Resident shall not permit others in the manufactured home unit without his/her consent nor shall the Resident allow others to willtbily or wantonly disturb the peaceft►l enjoymcni:of the premises of other Residents and neighbors, F)Guests staying with they Resident for as period of over ten (10)days must apply and be registered with Community Managoment, and the length of the stay must be approved. All guests must abide by Community Standards, and any infmction of the Community Standards will be ix)nsidcrcd grounds to require the guest to immediately leave the Community. The Resident is responsible for the actions and conduct of invited guests and oceup4nts- Any broach of the A S 'JE E./,.* -NNSYLVARIA"."t.l. ),L C 08/0.7/13 08:45AN LEIBY$ MHP 7177900690 P-09 Residents lmitials Rentall,Lease Agreement or the Community Standards by invittA guests or occupants shall be deemed to be a bru-1ch by the Resident and may constitute grounds for an action for summary possession or eviction. G) The Resident at roes that the Community Owner and the Community Owner's agents, employees, or other representatives, -,hall have the right to cnU,,r into and upon the said premises consisting of the lot which is the subject of this Aental/lcwe 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 an obligation 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 after giving notice as,required by law. 11)Resident may not place any aboveground or underground storage tanks of) the premises,withbut ii4 oar written consent of the Community Owner. it shall bo the Resident's sole responsibility to comply with all existin "',"and future statutoq, rules, regulations, ordinances, and orders related to the storage tanks (including pipes and equipmeat:60nnected thereto)on the premises,and to keep and maintain the tanks in good condition and repair,such that they do.not leak or present any harm or threat of harm whatsoever to the premises, the public safety rind welfare, ot'.the environment, Resident shall indemnify and hold harmless Community Owner from and against any and all expenses,liabilities,or costs of any kind or nature, including attorney's.fees,arising out of,caused by,or Mated in any way to Resident's installation, ownership,operation, maintenance, or 0osure of the storage tanks, Upon termination of this Rental/Lease Agreement, Community Owner may at its sole:d4wretion inquire Resident to remove the tanks and clean up and restore the Premise s back to the original conditions. -violation of his Section shall constitute ajnate!e breach of this RentoAl/Lease AgreeMga,t, In addition to any other remedies available, upon Resident's failure:to comply with this Section or obtain the Community Ownces approval to maintain the tanks on dic Pretrillses,Colt*imunity Owner ensty, but is not obligated to,(1) order the Resident to remove or repair the tank and restore the site,(2)without waiving its right,to indemnification or to pursue any remedies available, remove or repair the tank and restore the property itself at the Resident's expense,and/or (3) terminate this Rental Agreement. '- Community Owner shall leave the right to inspect the 'Premises to ensure compliance With this Section. All new Homes to the community must be installed to meet all local, state,and federal building code's that apply.A building permit is required and a third patty inspection must lx;performed as a condition oroccupancy whether the local building codes office requires such inspections or not, A copy*F said inspection and building permit must he 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 acceptaWo for the type of work(ving compictcd. a) All hotnes must have an approved fiboter system to prevent frost beave and meet all building codes and be so tip by alicensed contractor. b):'All homes most be tied down in accordanw.with the iiiakntifactiiresrequir-cinent-,or the UCC code which ever is moro,qtringent. c) All homes must be skirted with materials specifically manufactured for use as mobile home skirting only, All matcrials must be approved by thk,Community Owner prior to the installation of such materials. d) Utilities must b-e hooked up in a workinamsbip like:manor as to bo ricat and pass all building cotics pertaining to such installation. 'I'lie water line must have a shut off valve at the home, a back flow prevonter valve installed, and a floating 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, 1-he granting of a pertnit by a local building inspector doss not represent permission by the Community Owner to construct a non-compliant stnActure, �No deck,patio,or carport may be enclosed by any maturials as to provide,another room to the On►ctore, g)No fences are allowrA on a)Kcsldcnts lot unless it is placed there by the Community Owner, h) Additional stroetureo (Sheik, 8n7.ctx)s, carports, ete) shall be held in strict compliance witli this Community L 08/07/13 08:45AM LEIBYS XHP 7177900690 P.10 R sideots Wdals Standards. 12. TERMINATION PIF THE REnAL AGREEMENT This Rental/U.a,% Agreement shall be terminated by either party with aThirty (30)day written notice from the date of service and in ar.00rdanco with all applicable law. failure on the Residents behalf to givo written notice, will negate Any monies held as a security dq)os'tt from being returned to the Resident.A violation ofthe Lease Agreement or of the "Community Standards"will be grounds for tile,termination of the Rental/Lease Agrom.ent.It is agreed to by the Roiklelit that the promises will be returned to the Community Owner in the Same condition or bottvi,=14ition than when received with the execption of reasonable and ordinarily accepted wear. U. AMANDQNbjLLNj,Qf H_Q?J;9 BY Tjj��RESIDENT If any manufactured home is fell abandoned in This Community for a period of thirty(30)days or tfiore,-the Community Management may enter the home, secure any loose Or movable appliances, furnishing, materials or mipplies,and move the home to a storage area or other location at the Residents expense. The home will be considered abandoned if no one Is Hying in the home, the rent is not paid in fiull, and if any of the lbilowing, water, sewer,electricity, phony,"IN cable, and mail delivery, have been disconnected or services terminated, The Community Owner will have no responsibility for salleguarding die manufactured home or its contents,reprdless of whether the home has beets moved or not.Any Rosidont who abandons their mobile home on our property will be subject tip.all legal remedies available to Community Owner for the removal of said home, clean up of the lot, and all rents, still owed:,o ir.the Leased property until a time that the lot is made to a condition of being able to be leased agaim-All mrits*, fees,ili,4`o'harges will continue to accrue m long as Ole home remains oil the rented lot. 1.4, UMO)�A_L OF MQMF,6_T RESWEV_!j-%�RECISION. 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 home is to be moved froth the Conitnunity.If resident fails to give Community Owner 4thirtY(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 tiomu 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 Cotilmunity Managornium p)vc die final approval that all lines have been properly disconnected before the home may be pal led-off of the lot, C. The manufactured home sl all hat dernolishS4.0n,( b.-lot D. All provisions of the Community Standards will be strictly onfor"d in rcl�rence to the removal of a home fTom the Community. BY UMQVAkQV M_ANITFA�JrUREI) QMY C'oMm UbtF t NER Management shall have the right to require the removal cif any manufaottirod home when the following exists: a -4 in A. Home has been fell in dismpair by the Roziident af1ur written notice was given 10 rep ir, (Thi, is primarily i regard to exterior condition of home,stied,awnings,porches, skirting,etc.) 08/07/13 08:45AN LEIBY$ XHP 7177900690 P-11 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 corret:ted after written notice has been Eiveji in regard to, but not limited to. electrical,plumbing,and heating systems. .D. The manufactured horne is vacant even if the lot rental i.5 still being paid and ifthe owner of the manufactured home is not making a sincere efibrt to sell the home. A sincere effort to sell home would be: having home listed with arty service by signing a written agirwiriont; placing classified ads In local papers on a regular basis to"Sell by owner",and having a"for Sale"sign displayed in the window B, The manufactured home bits twcn aNindoned as more fully set lertis in Section 3 of the Community Standards anti section 13 of the lease,Abandonment of t-lotne by the Resident. F, Community Owner has been granted summary possession by a court of competcritjurisdiction. 16..DR!E-L08UI(E STA_TENF, 8 Resident hereby states that he/she has been advised of the followinjr, A. That theResident is aware of the:specific identifioation 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 late:,fee, raum(A check fee, or other assessment or charge that may be levied against the Resident contained within the Lease Agreement-. D" That the Resident understands each service, facility,and utility service that the Corrimunity 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 of utilities and of the manufactured home. E. That the ,'Resident has rcccivod a description of any termination or renewal options as set forth in this Rental/Lease Agreement. Y, Resident hereby states that he/she has received the following part-,tit'this Rental/Lease Agreement and understands said parts and that the listed parts are incorporated herein and become a part of the Rental/Lease Agr ement as is fully sot forth herein. Part I A copy of this Rental/Lease Agreement Part 2 A copy of Leiby'q MI-IC Community Standards tart A copy of Act 261 known as'The Mobile Home rights Act 17.- ON-'i?4rll;li It The iwooptanco of root by the Community Owner is not deemed as a waiver al'any rights or remedies for a breach or subsequent broach by the Resident of thigRentalIcase Agreement or the Community Standards. 18. LFI.G.AEEE$.CgMT,FFFS,ANDIORATrORNEY 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 ofa brcach or default ov i7chilif of tho Ro,,;dont. M Ii C 1. C PE,NNSYLVANIA.. L.EASE /-... L,E IBYS . . 08/07/13 08:45AN LEIBYS MHP 7177900690 P-12 It6sidents lnitials_a-,__- 12, syHyMQRStue This,Lease Agreement is binding upon the successors,assigns,heirs, lien holders, agents,executors and administrators of the Resident, 92, CQUMMY-SIMIAMS MMI AND REGIIIATIONN) The Community Standards(Also known as the Rules and Regulations)are a condition of this'Rental/Lmse.Agreement and to which all residents,guest's, invitce's,and others must comply with as a condition of occupancy,A BRJACH 101E 'l±NE_COMMUN M T A"DS IS A MMACIJ OF T RENTAULEME AGBkgMXNT AND MAX �VWXf,j jUg WMENT FOUND ,[Q At' W D_EEAML'r OF 'FITESE§jANj2&U§,:E0 EVIMON ILY_AMY_ KFANS ALkQW I My-L&W. All residents are responsible for the actions of their cli.0dre'",guest,s;� d'-Inyitee's.By ­` �."'i n the the resident signing of this lenie, said resident acknowledges recoipt of Community ton 0 date of signing and to fully comply with these Community Standards or any amended Standard that the C6mmunity Owner may implement at a future time. Ill. AMNMM,C I T A N G.FS,UMAJES Community Owner may at its discretion change, update, and/or amend any section of the Rental/Lease Agreement or Community Standards wide o thirty(30)day written notice to the Resident as rcKjoircd bylaw, 22. RrQT)MD iffiD ENT INSVRANCE, Community Owner does not carry insurance to protect the resident'or their property against loss including but not limited to fire, theta;, vandalism, criminal acts, acts of God,,or other cau.ses.,'Each resident is required to carry insurance against loss and liability. Rw;ident rnwq provide proof of such insurance as 4 condition of occupancy. N Any contractual obligations or special permission/exemption Of use must be in a written form front the Community Owner. Any deviation of the Conununity Standards granted by Community Owner or the agent thereof must be in writing. d AUMALMN OF BESPIPM All persons seeking residency in the Community are required to complete an application for residency.Any prospective. Resident who falsifies any part of the applidatJon document will I>-- denial rws4dency from the Community and if such falsifications ary discovered scalar residency has been granted, residency status will be rovoked 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. Community Owner.shall not W responsible for any personal property left in the community upon termination, surrender, or abandonment of the premises. 17urthermorc, Community Owner ,;hall not be liable for the storage or disposition of any residents personal protm ty. I N.-�YJ,.VAN-1A EWS 08/07/13 08:45AM LEIBYS MHP 7177900690 p.13 Residents lnitials 26, gOMMMTY c w ER, LIABIXJ1 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 hold 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, QFAC Resident does hereby represent that neither Resident or any persetn who residers or is proposed to reside with the Resident in the comin-unity is or will be n Prohibited Perron, as that term hereinafter defined. A "Prohib.Tte Person" is any entity, person or party: that ii listed in the AnneN to, or is otherwise subject to the Order 13224 issued on September 24, 2001 (.C,013224); whose name appears on the United States 'Treasury Dbpartrnent's Office of Foreign ,Assets Control (OFA,C;) most current list of"SpecificalJy Designated National and Blocked Persons„ (Which .list may be published from time to time in various mediums including but not lisnited to, the QF.A.0 website, littp:www.t,reas.gov/ofac/tl Isdn.pdf) (the OPAC list); who commits, threatens to commit, or suptiorts'terrorism," as that term is dermcd in t.0 13224;or who is otherwise of fiiiatc d with any entity or person listed atxwe, This'Rental Agreement shall be binding upon the parties hereto. Sip icd with our hands and sc;als the day,month and ymr first above mentioned. WITH RESIDENT DATE LIST ALL OTHER OCCUPANTS TO RE.SWE IN T11E 11()TV V, 08/07/13 08:45AN LEIM MHP 7177900690 p.14 Base Rental Fee Corner Lot Additional Occupants 'I. �' LEIBY'S MORIL.E HOW PARK 7073 Carlisle Pike Carlisle, PA 17015 Phone: (717) 697,1321 Total Relit Due II4 It is Management's wish that Leiby's Mobile Horne Park shall always be one of the finest residential areas of Pennsylvania. In order to assure the health, safety and welfare of the c6mmunity as a whole, your complete cooperation, as a resident, is needed to comply with the following regulations. 1. -APP—L-1 A - All proposed residents must complete in full an application for residency, including any and all required credit checks and character references. The application for residency must be approved prior to moving into the Mobile Home Park. All occupants must be registered. 2. RENIAL - The tot space rental fee shall be $__ for up to two (2) occupants. Each additional occupant will be assessed a monthly per capita charge of$7.00. Any individual remaining at your residence in excess of a period of thirty (30) days shall be considered a resident. It shall be the responsibility of the resident to notify Management of such residents. Residents shall pay the same per capita fee as set forth in the preceding paragraph. 3. DEFQ�jj: - A deposit in the amount of$_� �� will be payable upon execution of this agreement. The security deposit will be refundable to resident upon moving home from the Mobile Home Park or when a new resident is approved by the Park office and pays their security deposit, less all debts including any damages to landlord's property, any unpaid rent and/or any unpaid penalty, unpaid water resat or other fee including removal fees. 4. OF- USE - This shall be a month to month lease. The lease shall renew itself automatically for an additional month witless either party gives the other 30 days written notice of termination. The monthly lot rental fee shall be payable in advance on the first day of each month. If the resident remains in possession for even one day of an 06/07/13 08:45AM LEIBYS KHP 7177900690 p.15 additional month, then rent shall be due for that entire month. The monthly rental shall be established periodically by the landlord, with notices of any changes ,given to residents at least 30 days before they become effective. 5. LATELCHARUz . Rent must be paid on or before the first day of the month. Rent is to be paid at the Park office. There is a grace period until the end of business hours on the 10' day of the month, after which a late charge of$20.00 will be due and payable before the rental account can be credited. If rent and the $20,00 late charge is not paid by the I'day of the following month, there will be an additional $20.00 late charge for every succeeding month that the rent remains unpaid. Postmarks on rental payments will not be considered as date paid. The day the rental payment arrives at the office during business hours is the day it is considered paid. The late charge applies in all cases and no excuses will be accepted. If the rental payment check is paid on time but is returned by the bank for any reason after the 1011 of the month, the $20.00 late charge will then be due and payable and, in addition, the total, to include return check charges of$20.00, will have to be paid either in cash, certified check or money order, The same check will not be redeposited, nor will another personal check be accepted for that amount. 0. M U)ENnAL_Uih*LS'_&LEJQE_H_OM - Manufactured home spaces shall be used for residential purposes only. Residents may not sublet the premises or any portion or part thereof, nor assign the tight to remain on the mobile home lot space. The resident may sell the manufactured home belonging to the resident, but if following the sale, the manufactured home is to remain in the community with a new owner, written approval must be obtained prior to sale. If a manufactured home is sold to a buyer who is not approved by Management, the sale will be valid but the new purchaser will not considered a resident and the manufactured home will be requited to be removed from the community immediately. You may, therefore, suffer substantial damages if you attempt to sell without Management's approval. One reasonably sized "For Sale" sign is allowed. "For Sale" signs can only go on the property being sold by the individual, not at the cormnunity entrance or at the entrance of streets within the community. No other sips are allowed. Management approval must be obtained before driving "For Sale" sign post into the ground due to underground utilities. _QeHeraj 7. LLAXILMY - Residents assume all responsibilities of any kind associated with their personal property or person(s) in connection with-occupancy. This includes all family mcrnbrz5 and guests. Any problems or breaches of rules perpetrated by family members or guests will be the sole responsibility of the resident. This includes paying for any damages proven to be caused by them. Repeated problems with any member of the resident's family will be considered a breach of this rule and any other rules pertaining specifically to the problem. Residents will be held responsible for all actions of their family members and guests. 08/07/13 08:45AM LEIM XHP 7177900690 P;.16 8. L= AS - Each Mobile Horne Park resident is responsible for grass cutting and leaf raking of his yard. Snow removal from patios and sidewalks is also the Park residents' responsibility. Grass shall be mowed and trimmed every seven days during the growing season. Any grass over five inches high will be mowed by the Management and billed to the resident of that lot space at the rate of$20.00 per cutting. 9, Al2PIllONAL A CLEAN, NEAT, WELL MAINTAIN APPEARANCE MUST 13E MAINTAKED AT AU TIMES. Use a storage building for the storage of bikes, tires, barbeque grills, toys and other items. One storage building, maximum size 10 feet by 12 feet, is permitted per mobile home space. The storage building must be of wood construction and be kept to, the rear of the lot. If you choose to build your own shed you must first receive approval from the Park Management. Swing sets are to be kept to the rear of the lot away from shrubbery. Wading pools must only be placed on patios. 10. JAM - Resident may not place any above ground tanks on the premises without express written consent of the landlord. It shall be the resident's sole responsibility to comply with all existing and future statutes, rules, regulations, ordinances, and order related to the storage tanks (including pipes and equipment connected thereto) on the premi.5es, and to keep and maintain the tanks in good condition and repair, such that they do not leak or present any harm or threat of harry whatsoever to the premises, the public safety and welfare, or the environment, Resident shall indemnify and hold harmless landlord from and against any and all expenses, liabilities, or costs of any kind or nature, including arromey's fees, arising out of, caused by, or related in any way to resident's installation, ownership, operation, maintenance or closure of the storage tanks. In addition to any other remedies available, upon resident's failure to comply with this paragraph or obtain the landlord's approval to maintain the tanks on the premises, landlord may, but Is not obligated to (1) order the resident to remove or repair the tank and restore the site, (2) without waiving its fight to indemnification or to pursue any remedies available, remove or repair the tanks and restore the property itself at the resident's expense, and/or(3) terminate this tenancy. Landlord shall have the right to inspect the premises to ensure compliance with this paragraph. 11, kRQ-P-AM-' - Agway currently services many homes in the Park. Residents may contract with Agway to provide propane utilizing tanks located beside the home. Residents also have the option of contracting with any other commercial supplier of their choice to provide propane service to their,home. 12, PAMDS - Patios are not to be used for storage. Only lawn furniture is permitted to be kept on the patio. Nothing, including clothes lines, is permitted to be attached to any awning post, tree,or shrub in the Mobile Home Park. 13. AL TIC - No exterior alterations or additions to the home or mobile home lot space may be made by the resident without prior written approval of the Park Management. All skirting, awnings, porches and other additions shall be maintained 08/07/13 08:45AM LEIBY$ HHP 7177900690 P 1.17 in good condition. All mobile homes in the Park must be fully skis.ted in with manufactured vinyl or aluminum skirting, 14. 3YATER USAg - Individual water meters which are owned, installed and manufactured by Landlord shall measure the usage of each home. Residents shall pay for the repair or replacement of water meters if they fail to protect them from freezing or if they cause the meters to be damaged or removed. A monthly bill.for water usage wig be sent to Residents. Meters will be read in the middle of each month, bills sent on the 201, with payment due on the 11, Payment should be included in a single check with lot rent. Billing will be generated by WaterMastet. It will be almost identical to bills directly issued from Pennsylvania American Water Company in that it wiU include a service charge along with per gallon usage, at the current residential rates of that company. 15. WATER LIM - Residents are responsible to see that heating tapes are placed on water lines. Please be certain that tape is installed correctly to reduce fire hazards. Residents are responsible for the water lines between the water riser and the mobile home input connection, 16, T No television or radio antenna(s)are permitted. 17. EENM - No fences are permitted in the Park. 18. N_QJM - Television, radios, stereos and any other sources of noise are to be kept at a low volume after 10:00 p.m. No loud and unreasonable conduct will be permitted at any time, day or night. 19. I)AN ACJU 2M:VS . _ JM • Bow and arrow, BB guns, pellet guns and air rifles, or any type of firearms, may not be discharged in the community/park. Fireworks, considered by local authorities to be illegal will not be allowed to be set off in the community/park,. 20. Qg .yW - Any resident who is hereafter arrested for and/or , AL-A-CJ= convicted of or pleads guilty to a felony, public drunkenness, or engages in the selling or use of drugs or immoral conduct within or outside the Park, shall,be subject to eviction. 21, L UNDRY ROOM - No loitering in the laundry room is permitted, Any person under the age of sixteen must be accompanied by an adult when entering the laundry room and/or using the washers and dryers, 22, My 5 - No person will be permitted to roam or ride bicycles, skate .L boards or any form of vehicle propelled by foot or hand power in the Park after sunset. 00/07/13 08:45AM LEIBYS XHP 7177900690 P.18 23, EM - No dogs are permitted in the Park, No pets that are housed, penned, staked or tied outside of the resident's home or permitted to roam free are permitted in the Park. No pets are permitted in rental homes. If cats are found roaming free, they win be considered to be stray and &alt with accordingly. There is a penalty of$20.00 for violating this rule. This also applies to all visitors and guests who bring their dogs along while visiting you, 24. St LICE =ON - Residents are permitted to invite to their homes such vendors as tradesmen, delivery men or suppliers of various goods and services and to purchase goods and services from a vendor at the resident's own choosing. However, vendors will not be permitted to solicit in the community. Residents are requested to notify the community office immediately of vendors attempting to solicit on the community premises. Vendors will not be permitted to deliver goods or provide services in the manufactured home community before 7:00 a.m. nor after 10.00 p.m., except for an emergency. 25. The Park shall not be liable for any damage or injury which may be sustained by the resident or any other person as a consequence of the failure, breakage, leakage, or obstruction of the water, sewer, waste or soil pipes, or the electrical, gas or oil system; or by reason of the elements, or resulting from the carelessness, negligence or improper conduct on the part of any other resident or the resident's or other resident's agents, guests, licensees, invitees, sublessees, assignees or successors, or attributable to any interference with, interruption or failure, beyond the control of the owner, or any services to be furnished or supplied by the owner. Residents are urged to obtain the necessary insurance against these above contingencies. 26. 1EM - Fire of any kind, except barbeque grills, are prohibited, 27. Axles may not be removed from any home in the Park. 28. REMML OF O-WI$ '- Residents must pay all real estate taxes assessed and levied against the manufactured home. Residents must notify the community office as soon as possible when they are planning to move from the community. A minimum of thirty (30) days written notice is required. The home may not be removed from the Park unless all rent, fees, charges or assessments are paid, Management may prevent the removal of a manufactured home to enforce this rule. Residents are advised that prior to removing a home from the community, a removal permit must be obtained from Silver Spring tax collector. This removal permit must be shown to the Park Management before commencing removal of the unit. Any damages to the resident's lot, utilities or Park property will be charged to the resident, 29. M E RIGHTS AFTER F()SSES$M - After the Management has obtained possession of the lot by legal process, the Management may enter the home or vehicle and secure any applications, furnishings, materials, supplies or other personal property therein, and the Management shall have the right to move the home to the storage area of the community or to such other location as the Management deems 08/07/13 06:45AN LEIBYS XHP 7177900690 P.19 proper and necessary. The Management will have no responsibility or liability for safeguarding the home or vehicle, its contents, and any appendages prior to or during the move or after the home has been relocated and placed in storage, The Management shall have no liability to the resident or any other person under these or any other circumstances. The provisions here also apply to such an abandoned home which is owned by a resident who has filed a petition in bankruptcy or is adjudicated insolvent, whether or not the home is fmanced. In such event, the lease agreement with the Management shall automatically terminate on account of such violation, and the home in subject shall be removed forthwith from the community by the Management. The Management shall remove the home to the storage area of the community or such other location deemed suitable for storage. In such event, the resident in violation hereof shall be liable to the Management for all reasonable costs of removal of the home, which is described in the Fee Schedule. All charges or costs incurred hereunder shall be deemed an additional rent which shall be due, payable and collectable as such by the Management in any legal action, regardless of whether the lease agreement with the violating resident has been terminated. 30. REJ! r - AD garbage is to be placed in the container at the rear of the Park, No plastic bags or trash are to be set on the lawn or patio. 31. 5_1% I_UAND - Anything planted in-the ground on the manufactured home lot, whether such planting is accomplished by the Management or by the residents, shall be considered the property of the Park owner. Residents moving from the community will not be permitted to remove trees,bushes, plants or other shrubbery from their lot. 32. 'UMAL__V= - All rental units are to be left in the same condition as upon entering. 33. 5. ... ... . AL HE AIM • Absolutely no kerosene heaters are allowed in rental units. U. and Yehil s 34. LICENSED DRJNX7J_1A' - Only licensed drivers with valid licenses are permitted to operate motor vehicles in the Park. 35, No double parking is permitted on the streets. Residents shall not park in other residents' parking spaces or allow their guests to do so, Designated parking is provided for more than two vehicles, including guests. No vehicle parking on the grass is permitted for any reason. 1 -4 4 36, LSE„ MC - A resident may keep only licensed and operative vehicles in the Park which have a current, valid inspection sticker and license plate, The parldng of immobilized or disabled vehicles in the Mobile Home Park is prohibited. ............ ........... 08/07113 08:45AM LEIBYS XHP 7177900690 P.20 37. LES • Any vehicle not belonging to a Park resident that is left parked in the Mobile Home Park for a period of three days will be towed away at the owner's expense, 38. The placing of a vehicle on jacks or blocks, or the Peribrma= of mechanical repairs or maintenaucc work such as the draming of fluids is prohibited. 39. The speed limit in the Park is 5 U711. 40. IMCIM - Parking of any type of commercial vehicle is Prohibited unless approved in writing by the Park Managment. 41. A!Q Parking and storage of boats, boat trailen, travel Uailers, tent campers, pick-up campers, snowmobile trailers, and any other recreational vehicles will be permitted only at a designated parking ama. Storage space is limited, so if the designated parking is filled Off-site storage is required. Parking any of the above items anywhere else in the Park other than in the area designated will be a violation of Park rules and reason for eviction. 42. No motorcycles are permitted in the Park. Operation of non-conventional vehicles, such as minibikes, dune buggies, snowmobiles, 3 and 4 wheelers, and go-karts within the community is prohibited. Tbere is a penalty of$20.0o for violating this rule. This also applies to all visitors and guests who bring.their motorcycles along while visiting you, have read and fully understand my obliga as a resident in Leiby's Mobile Home Park, and acknowledge receiving a copy of the notice required by Section 4 of the Mobile Home Parks Rights Act No- 261. mmunity ian 7ae Resident // -��%' LIS/ '41 Date Resident C� -� . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. _. n 07/10/13 17:49PM LEIBYS MHP 7177900690 P-19 IV ANUFAC'ruR D HOME COMMUNITY 7073 Carlisle Pike,Carlisle PA 17015 (717) 697-1321 NOTICE Resident: Matthew Dawson/Barbara,Vandersloot _- Address: 2,09&X,West Blvd, ,,. Lot#: 226 Dear Resident(s): Pursuant to Pennsylvania Act No. 261 of 1976, and the notice provided to you as required by that Act,please take notice that your monthly rental payment of SQ9,16 which was due on or before. . Novera er,.2012 , has not been received to date. If this overdue rent, plus the$ 5000 late charge is not paid within thirty(30)days,(by December S,201.2),we shall commence the eviction proceedings and other remedies available to us by law. 'This will also serve to notify you that if you pay the overdue rent within the thirty (30)day period described above,but again fail to make a rental payment when due within six(6)months from the date of this notice, eviction proceedings may be commenced with no further notice to you. Also please note that this amount does not include rent for the month of D�cembcr,20 2, Signed, .&A Leiby's MHC Management Team Date Residentledger Date: 8/14/2013 Resident Code: t0003219 Property: 0130 Unit: 226 Barbara Vandersloot Status: Current 209 Key West Blvd. Rent: $ 357.00 Carlisle,PA, 17015 Deposit: $ 336.00 Move In Date: 07/01/08 Move Out Date: Due Day: 1 Tel Num(Office) Tel Num(Home) I Date Description Charges Payments Balance Balance Forward 182.16 11/01/12 Base Rent(11/2012) 347.00 529.16 11/01/12 Trash Recovery(11/2012) 10.00 539.16 11/06/12 Late Charge 50.00 589.16 12/01/12 Base Rent(12/2012) 347.00 936.16 12/01/12 Trash Recovery(12/2012) 10.00 946.16. 12/01/12 sewer 10/12/12 to 11/12/12 38.39 984.55 12/01/12 water 10/12/12 to 11/12/12 54.78 1,039.33 12/06/12 Late Charge 50.00 1,089.33 01/01/13 Base Rent(01/2013) 347.00 1,436.33 01/01/13 Trash Recovery(01/2013) 10.00 1,446.33 01/01/13 Sewer- 11/12 to 12/11 38.39 1,484.72 01/04/13 Court costs-filing tenant/landlord 264.74 1,749.46 01/06/13 Late Fees 1/2013 50.00 1,799.46 01/08/13 Water- 11/12 to 12/11 47.43 1,846.89 01/18/13 Chk#0807- :CHECKscan Payment 150.37 1,696.52 01/18/13 Chk#0808- :CHECKscan Payment 136.15 1,560.37 01/18/13 Chk#060336- :CHECKscan Payment 1,428.00 132.37 01/31/13 Water bill for 12/11/12 to 01/11/13 64.87 197.24 02/01/13 Sewer 12/11/12 to 01/11/13 38.39 235.63 02/01/13 Base Rent(02/2013) 347.00 582.63 1 02/01/13 Trash Recovery(02/2013) 10.00 592.63 02/26/13 Water bill 01/11/13 to 02/11/13 74.97 667.60 02/27/13 Sewer billing for 1/11/13 to 2/11/13 38.39 705.99 03/01/13 Base Rent(03/2013) 347.00 1,052.99 03/01/13 Trash Recovery(03/2013) 10.00 1,062.99 03/06/13 Late Charge 50.00 1,112.99 03/11/13 Court Fees.filed 2/28/2013 134.67 1,247.66 03/15/13 sewer 2/11/13-3/11/13 38.39 1,286.05 03/15/13 water 2/11/13-3/11/13 49.27 1,335.32 1 04/01/13 Base Rent(04/2013) 347.00 1,682.32 04/01/13 Trash Recovery(04/2013) 10.00 1,692.32 04/06/13 Late Charge 50.00 1,742.32 04/18/13 sewer 3/11/13-4/10/13 38.39 1,780.71 i Page 1 of 2 Resident Ledger Date: 8/14/2013 Resident Code: t0003219 Property: 0130 Unit: 226 Barbara Vandersloot Status: Current 209 Key West Blvd. Rent: $ 357.00 Carlisle, PA, 17015 Deposit: $ 336.00 Move In Date: 07/01/08 Move Out Date: Due Day: 1 Tel Num(Office) Tel Num(Home) Date Description Charges Payments Balance 04/18/13 water 3/11/13-4/10/13 44.68 1,825.39 05/01/13 Base Rent(05/2013) 347.00 2,172.39 05/01/13 Trash Recovery(05/2013) 10.00 2,182.39 05/05/13 Chk#084684- :CHECKscan Payment Reversed by 429.97 1,752.42 ctrl#1166161 05/06/13 Late Charge 50.00 1,802.42 05/10/13 Chk# 084684- :Prog Gen Reverses receipt Ctrl# 1163747 (429.97) 2,232.39 05/22/13 sewer 4/10/13-5/11/13 137.19 2,369.58 05/22/13 water 4/10/13-5/11/13 233.79 2,603.37 06/01/13 Base Rent(06/2013) 347.00 2,950.37 06/01/13 Trash Recovery(06/2013) 10.00 2,960.37 06/06/13 Late Charge 50.00 3,010.37 06/14/13 sewer 5/11/13-6/12/13 38.39 3,048.76 06/14/13 water 5/11/13-6/12/13 37.33 3,086.09 07/01/13 Base Rent(07/2013) 347.00 3,433.09 07/01/13 Trash Recovery(07/2013) 10.00 3,443.09 07/06/13 Late Charge 50.00 3,493.09 07/17/13 Sewer 6/12/13-7/12/13 38.39 3,531.48 07/17/13 water 6/12/13-7/12/13 43.76 3,575.24 08/01/13 Base Rent(08/2013) 347.00 3,922.24 08/01/13 Trash Recovery(08/2013) 10.00 3,932.24 08/06/13 Late Charge 50.00 3,982.24 Current 30 Days 60 Days Over 90 Current Owed 489.15 407.00 853.70 2,232.39 3,982.24 Page 2 of 2 � 1 y 07/22/13 03:04PM LEIBYS MHP 7177900690 p.14 i i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice Of JUC��rneniJTran SCri t Residfi�ntial ease i Mag. Dist. No MDJ,,09-3-04 Lei Y's M,hd,C. MDJ Name: Honorable Paula P.Correal V Address: 5275 East Trindle Road Barbara A Vande$loot, Matthew Dawson Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 i 200 K�ywest Alva Docket No:Matthew Dawson zoo ",Mi ,J•0g304-t_.-Y-0 OC9330-2013 Carlisle, PA 17015 Case Filed; /2$/2013 I Disposition Details Grant possession, Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary �• Ewntff WfAnAaat D111242git3oi MJ-003044,T-0000030.2013 i..a,bys M.H.C. Barbara A Vandersloot Judgment fot-Plaintiff 04/1612013 MJ»09304-t_T-0000030.2013 t_eiby's M.H.G. Matthew Dawson Judgment fol Plaintiff 04/16/2013 Judgment Summalt'y Participant Jgjnt1S.ey1ral Laic W't( IndiV(dual L!,labty AQt� Elarbara A Vandersloot $1,776,50 $0.00 i $1,776.50 t.eiby's M,H.G. $0.00 $0.00 $0.00 Matthew Dawson $1,776.50 $0.00 $1.77$,60 Judgment Detail ('Post Judgment) ' In the matter of L,eiby's M_H.C.vs, Barbara A Vandersloot;Matthew Dawson on 4110/2013 the Judgrrte t was awarded as follows: The amount of roht per month,as established by the Magisterial District Judge,is$347.00 4 Judarnent Campanent i1t/S.ev.eml LiabilJ liadiyidual Liability 2220811.A Amount Rent in Arrears $1,604.66 $0,00 Costs $5.00 $0,00 j 51,604.(18 $5,00 Costs $5.00 $0,00 ' .i... ,..... .. . $5.00 Server Fees $32.17 $0.00 $32.17 Server Fees $32.17 $0.00 Filing has $A$97.50 $0.00 i $32.17$97.50 Grand Total: 51,776.5rJ Portion of judgment for physical damages arising out of residential lease; i i i i k t i 1 MOJS315A ..._,. .,,.. ... .............._..........__..__........._ ..—..._M,.,.._._.__�_....Fage 10X3 ....._.—......__.. .,.....�_._.,_..... __-_t�rinted;04/17111113 9:30:51AM 07/22/13 03:04PM LEIBYS MHP 7177900690 P.15 1 Leiby's MA.C, Docket NdI:MJ.00304-LT-0000030-2013 V. i Barbara A Vandersloot, Matthew Dawson ! i IN AN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITHjTHE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIF$TY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE, 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,0OWEVER,LOW-INCOM9 AND/OR SECTION g TENANTS SHOULD REFER TO Pa,R.C.P,M.D.J.NO.1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY W1614ES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A REST ENTIAL LEASE,THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH�THE PROTHONOTARYMERK OF COURTS OF THE COURT OF COMMON PLEAS,CIVIL.DIVISION. f! THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCI7IPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTr RIAL 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 MAGISTIPIAL Ot$TRICT 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 JUDGMENTbEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. i Date Senior.Magisterial Qistrlct Judge Paula P.Corroal ' t cert7lialms Is a true an correc copy o?the recor d o the proceedings coplal ngthejudgmenti ri e 1. I / 1.ji Date M4Str'l81 District Judge t �� ! ! ; I i s ' z 1 ! i i . i • f ! i I ! 1 1 I l s i i I i t i i i MODS 315A - " _ _•. m.. .•..• Page 2 of 3 —._•_� j Printed:04/1712013 9:30:51AM 1 ., �� i „° oL LEIBY'S M.H.C. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. No, 13-2236 BARBARA A. VANDERSLOOT and MATTHEW DAWSON ; -_ Defendants. PRAECIPE TO TERMiNA'm SUPERSEDEAS PURSUANT TO 11'a.IZ.C.I'.M.Q.J. 1008 TO TT-i[ PRO'l'I-[ONOTARY: Please terminate the Superscdcas in the above-referenced matter; AhpellanUDefendant Matthew Dawson has failed to deposit rental payments with the prothonotary despite 11a.R.C.P.M.D.J. No. 1008(1.3) requirinf' him to do so. IZespeclfully Suhmitted, N4cNl?ES \VAL,I.,ACE & NURInCK, LLC - 13a-bm-a A. Darkes I.D. No. 77419 Jerome P. DeSanto I.D. No. 3 14637 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for 1'1ai171iff, Leiby's Allobile Home Dated: Aubust 9, 2013 C07771711 niiy, LLC CERTIFICATE OF SERVICE AND NOW, on this 9th day of August, 2013, I hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Karl E. Rominger, Esq. 155 South Hanover St. Carlisle, PA 17013 Counsel for Defendant Matthew Dawson Douglas Keith Marsico, Esq. Caldwell & Kearns, PC 3631 N. Front St. Harrisburg, PA 171 10-1533 Counsel for De%ndanl.l3crrhar cr A. [,"anders�lool lerome 11. DeSanto v t TEI2iVItNATI0i I OF SU'PERSEDEAS Upon confirmation of Appellant/Defe.ndant Vlatthevv Dawson's failure to deposit the rent required by Pa.R.C.PAI.D.J. No. 1405(13), the Supersedeas is terminated. 6LI I'rolhonotary Dchuty Fc 2A a� TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the,Hp�,of said Co at Carlisle, Pa This ` , day of 20� Prothoi rotary C -i s a CERTIFICATE OF SERVICE AND NOW, on thisXday of August, 2013, 1 hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Karl E. Rominger, Esq. 155 South Hanover St. Carlisle, PA 17013 Counsel for Defendant Matthew Dawson Douglas Keith Marsico, Esq. Caldwell & Kearns, PC 3631 N. Front St. Harrisburg, PA 17110-1533 j Counsel for Defendant Barbara A. Vandersloot Barbara XJarkes LEIBY'S M.H.C., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 13-2236 BARBARA A. VANDERSLOOT . and MATTHEW DAWSON, Defendants NOTICE TO PLEAD TO: Barbara A. Darkes, Esquire McNees, Wallace & Nurick, LLC 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 • You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Dated: CAL & KEARNS, P.C. sico, Esquire o. 69804 31 No ront Street Harrisbg, PA 17110 717-2 ° -7661 Attorney for Defendant Barbara A. Vandersloot Douglas K. Marsico, Esquire Attorney I.D. No. 69804 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendant Barbara A. Vandersloot LEIBY'S M.H.C., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 13-2236 BARBARA A. VANDERSLOOT : and MATTHEW DAWSON, Defendants DEFENDANT BARBARA A. VANDERSLOOT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S FIRST AMENDED COMPLAINT And now comes the Defendant, Barbara A. Vandersloot, by and through her attorneys, Caldwell & Kearns, P.C., and file these Preliminary Objections to Plaintiffs First Amended Complaint, in support of which she avers as follows: 1. On February 28, 2013, the Plaintiff Leiby's M.H.C. filed a Landlord and Tenant Complaint with Magisterial District Court 09-3-04, docketed at MJ -09304 -LT -30-2013. 2. On April 16, 2013, a judgment was entered in favor of the Plaintiff against Defendant Barbara A. Vandersloot and Defendant Matthew Dawson for possession and a monetary amount of $1,760.50. 3. On April 24, 2013, Defendant Matthew Dawson through his attorney, Karl Rominger, Esquire, filed a Notice of Appeal from the Magisterial District Judge's judgment. A true and correct copy of the Notice of Appeal is attached as Exhibit "A" hereto and incorporated herein as if set forth at length. 4. Defendant Barbara A. Vandersloot did not contest the judgment and therefore chose not to file an appeal. 5. The Notice of Appeal filed by Attorney Rominger was not served upon Defendant Barbara A. Vandersloot. 6. On May 22, 2013, the Plaintiff filed a Complaint with this Court identifying Defendant Barbara Vandersloot as a Defendant even though she had not filed an appeal. 7. On July 24, 2013, Barbara A. Darkes, Jerome P. DeSanto and McNees, Wallace & Nurick, LLC filed their appearance on behalf of the Plaintiff. 8. The Entry of Appearance was served upon Karl E. Rominger, Esquire, attorney for Defendant Matthew Dawson. 9. On September 3, 2013, the Plaintiff filed an Amended Complaint against Defendant Barbara A. Vandersloot and Defendant Matthew Dawson. 10. On May 12, 2014, a 10 Day Notice of Default directed to Defendant Barbara A. Vandersloot and Matthew Dawson, was served upon the undersigned counsel Douglas K. Marsico. 11. Douglas K. Marsico is not the counsel of record for Matthew Dawson. 12. The Plaintiff's Complaint alleges a claim for rent due from Defendant Barbara A. Vandersloot for periods after which final judgment was rendered against her and possession was granted in favor of the Plaintiff. 2 PRELIMINARY OBJECTION FOR LACK OF JURISDICTION OF THE PERSON OF THE DEFENDANT BARBARA A. VANDERSLOOT 13. Defendant hereby incorporates by reference Paragraphs 1 through 12 of these Preliminary Objections as if fully set forth herein. 14. Defendant Barbara Vandersloot did not file an appeal of the judgment against her and therefore is no longer a proper party to this action. 15. Defendant Barbara Vandersloot should not be compelled to defend a matter in which she did not appeal merely because a co -Defendant filed an appeal as the same puts Defendant Vandersloot at risk of a higher judgment than the amount in which she did not appeal. PRELIMINARY OBJECTION FOR IMPROPER SERVICE 16. Defendant hereby incorporates by reference Paragraphs 1 through 15 of these Preliminary Objections as if fully set forth herein. 17. Defendant Barbara Vandersloot was never served with the appeal in this matter. 18. The appeal was only served upon the Plaintiff and Defendant Matthew Dawson who filed the appeal. PRELIMINARY OBJECTION FOR LEGAL INSUFFICIENCY/ MOTION TO STRIKE 19. Defendant hereby incorporates by reference Paragraphs 1 through 18 of these Preliminary Objections as if fully set forth herein. 20. The Plaintiff's Amended Complaint attempts to recover post -eviction rent and other charges. 21. It is well established in Pennsylvania that a landlord may not avail himself of double remedies insofar as they are conflicting. Thus, a landlord may not evict a tenant and also 3 demand rent payment after the tenant is evicted. Greco v. Woodlawn Furniture, 99 Pa. Super. 290 (1930); Grakelo v. Kidder, 95 Pa. Super. 250 (1928); Homart Development Co. v. Sgrenci, 662 A.2d 1092 (Pa. Super. 1995). 22. Any amounts requested in the Amended Complaint after the eviction of the Defendants should be stricken and/or judgment entered in favor of the Defendants on that issue. WHEREFORE, Defendant Barbara A. Vandersloot respectfully requests this Honorable Court sustain her Preliminary Objections and dismiss the Plaintiff's Complaint against her with prejudice. Respectfully submitted, Date: o/lat5M 13003-001/FL00009556 Do o, Esquire Aoiv4.No.69804 ARNS 3631 N. ront Street Harris � _, PA 17110 717-2 ° -7661 Attorney for Defendant Barbara A. Vandersloot 4 Exhibit A s E C T I 0 N A s E C T I 0 N Su preme Courtof;.ennsylvania Cour ;of,Commonnr Pt�1eas Civ v*pyerj.Sheet Cumber Vii`-' ;NA County For Prothonotary Use Only: Lead Plaintiff's Name: Lieby's M.H.C, th F I1/n Docket No: 13 —c-3/0 ` The information collected on this for; is used solely for court administration purposes. This form does not supplement or replace the fr.lin g and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ID Complaint 0 Writ of Summons 0 Petition [i Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's Name: Lieby's M.H.C, Lead Defendant's Name: Barbara Vandersloot & Matthew Dawson Are money damages requested? 0 Yes IX No Dollar Amount Requested: ©within arbitration limits (check ane) Doutside arbitration limits Is this a Class Action Suit? 0 Yes iX No Is this an MDJ Appeal? ;x Yes 10 No Name of Plaintiff/Appellant's Attorney: Karl E. Rominger, Esquire 0 Check here if you have no attorney (are a Self -Represented [Pro Se! Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) O Intentional O Malicious Prosecution O Motor Vehicle 10 Nuisance O Premises Liability 0 Product Liability (does not include mass tort) O Slander/Libel/ Defamation • Other: MASS TORT O Asbestos • Tobacco O Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste 0 Other: PROFESSIONAL LI. O Dental 0 Legal O Medical 0 Other Professional: LITY CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card 0 Debt Collection: Other O Employment Dispute: Discnmination 0 Employment Dispute: Other O Other: REAL PROPERTY ID Ejectment Eminent Domain/Condemnation 0 Ground Rent EgLandlord/Tenant Dispute 0 Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial 0 Partition O Quiet Title ID Other: CIVIL APPEALS Administrative Agencies O Board of Assessment O Board of Elections I Dept. of Transportation Li Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS O Common Law/Statutory Arbitration 0 Declaratory Judgment DMandamus Non -Domestic Relations Restraining Order ID Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /3 - 6,79-360 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT Matthew Dawson MAG. DIST. NO. 09-3-04 NAME OF MDJ Paula P. Correal ADDRESS OF APPELLANT 209 Key West Boulevard CITY Carlisle STATE PA ZIP CODE 17013 DATE OF JUDGMENT -4/16/2003 IN THE CASE OF (Plaintiff) (Defendant). Leibys M.H.C. Barbara Vandersloot and Matthew Dawson vs DOCKET No. MJ09304LT302013 SIGNATURE OF APPELLANTOR ATTORNEY OR AGENT This block will be signed ONLY when this notation s required under Pa. R.C.P.D,J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. . , ... - ea , If appell t was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in actio, before a Magisterial District Judge, A COMPLAINT MUST BE FILE! withintwent, (20) days after filing the NOTICE of APPEAL. G. n c=1 _.., 4.....) —4 4 , _ na To • . . 4a Deputy , '-;:rrt --0 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 actiQUa orttAilag' I Distric Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Leiby's M.H.C. r) c 7.1 rn CA) • appellee(s), to file a complaint in this appeal Name of appe/ee(s) (Common Pleas No. /3 - &id ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Leiby's , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of servii 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 mall is the date of the mailin Date: C.qo 0 Signature of Prothonotary or Der YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. /3V',p,'1 RA* -01_0'r-2/ AOPC 312-05 LEIBY'S M.H.C. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : MJ -09304 -LT -30-2013 V BARBARA A. VANDERSLOOT AND MATTEW DAWSON CERTIFICATION OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that a true and correct copy of the within NOTICE OF APPEAL was served upon the following individuals on the below date, by hand delivering as follows: Dated: April 23, 2013 Honorable Paula P. Correal Magisterial District Court 09-3-04 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Leiby's MHP 7093 Carlisle Pike Carlisle, PA 17013 Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court LD. 81924 Counsel for Appellant Matthew Dawson VERIFICATION I, Douglas K. Marsico, do hereby verify that I am counsel for Defendant Barbara A. Vandersloot and that, in that capacity, I am familiar with the factual matters set forth in the foregoing document and do hereby verify that the facts set forth therein are true and correct to the best of my knowledge, information and belief. This verification is made subject to the provisions of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. DATE: 7'.° 1 il CERTIFICATE OF SERVICE AND NOW, this t7kQiay of May, 2014, I hereby certify that I have served the within document on the following by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Barbara A. Darkes, Esquire McNees, Wallace & Nurick, LLC 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 CALDWELL & KEARNS By