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HomeMy WebLinkAbout13-3290 Supreme Cox., , o Pennsylvania Cou mm- ~ v leas For Prothonotary Use Only: w, 11 C,O�,V�er Shy, t Docket No: j,rf �Si County The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S [l Complaint C' Writ of Summons 0 Petition 1 Transfer from Another Jurisdiction IJ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: Dollar Amount Requested: O within arbitration limits I Are money damages requested? El Yes I (check one) C+ outside arbitration limits O �/ N Is this a Class Action Suit? ❑ Yes M No Is this an MDJAppeal? Yes �-i No A Name of Plaintiff /Appellant's Attorney: 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. i TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional Imo Buyer Plaintiff Administrative Agencies -I Malicious Prosecution F-1 Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle f - 1 Debt Collection: Other ❑ Board of Elections n Nuisance 0 Dept. of Transportation C Premises Liability 0 Statutory Appeal: Other S L] Product Liability (does not include E mass tort) [17 Employment Dispute: Q Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other M Zoning Board T R Other: I ID Other: O MASS TORT Asbestos N [J Tobacco [] Toxic Tort - DES q_ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS _=i Toxic Waste J Ejectment IJ Common Law /Statutory Arbitration I- 3 Other: �C Eminent Domain /Condemnation 0 Declaratory Judgment B 0 Ground Rent Mandamus IJ Landlord /Tenant Dispute _ Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial 0 Quo Warranto E Dental 0 Partition 1 Replevin [ Legal ] Quiet Title El Other: E] Medical E] Other: _7 Other Professional: Updated 1/112011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM C— L) w1b GY` ��� MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No.13 ` ( ,329.©(y, NOTICE OF APPEAL --7e,� 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. NA�OF APPELLANT MAG. DIST. NO. NAME OF MDJ ADDRESS OF APPELLANT CITY STATE ZIP CODE DA OF J DGMENT IN THE CASE OF (Plaintiff) (Defendant)' VS DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT r , A 0 q -� �),� _ �T _ 8 0 d b 0-7 L 7�� This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D'J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED ` operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty � (20) days after filing the NOTICE of APPEAL. Signature of-Prothonotary or Depu PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary '�� Enter rule upon t�- - � . ��'J --.� ` C j ` - , � . �j appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 13- 3I qO et ul L ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. �M agGv1� ,1 Signature of appellant or attorney or agent RULE: To L-G l� j a r l appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. - Date: (7 7 20 y �,i ��. jJ Signature of Prothonotaryary o YOU MUST INCLUDE A COPY OF THE NOTICE 'OF' JC1bGMEN492RIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312 -05 ? �� COMMONWEALTH OF PENNSYLVANIA " Notice of Judgment/Transcript COUNTY OF CUMBERLAND y Residential Lease Mag. Dist. No: MDJ- 09 -3 -04 Leiby's M.H.C. MDJ Name: Honorable Paula P. Correal V. Address: 5275 East Trindle Road Jacob Michael Rettig Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 File Copy Docket No: MJ- 09304 -LT- 0000077 -2013 Case Filed: 5/16/2013 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- 0000077 -2013 Leiby's M.H.C. Jacob Michael Rettig Judgment for Plaintiff 05/2812613 Judgment Summary _. Participant Joint /Several Liability Individual Liability Amount Jacob Michael Rettig $0.00 $1,079.09 $1,079.09 Leiby's M.H.C. $0.00 $0.00 $0.00 Judgment Detail ("Post Judgment) In the matter of Leiby's M.H.C. vs. Jacob Michael Rettig on 5/28/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $347.00 Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $944.42 $944.42 Filing Fees $0.00 $97.50 $97.50 Costs $0.00 $5.00 $5.00 Server Fees $0.00 $32.17 $32.17 Grand Total: $1,079.09 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed: 05/28/2013 2:37:59PM Leiby's M.H.C. Docket No.: MJ- 09304 -LT- 0000077 -2013 V. Jacob Michael Rettig 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 JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. H s Z . Date Senior Magisterial District Judge Paula P. Correa[ certify that this is a true and correct copy of the record of the proceedings containing the judgment. i Date Magisterial District Judge t , MDJS 315A Page 2 of 3 Printed: 05/28/2013 2:37:59PM Leiby's. M.H.C. Docket No.: MJ- 09304 -LT- 0000077 -2013 v. Jacob Michael Rettig Participant List Plaintiff(s) Leiby's M.H.C. 7075 Carlisle Pike Carlisle, PA 17015 Defendant(s) Jacob Michael Rettig 211 Key West Boulevard Carlisle, PA 17015 Authorized Agent - Plaintiff(s) Beth A Graves 202 Meadow Drive Shippensburg, PA 17257 MDJS 315A Page 3 of 3 Printed: 05/28/2013 2:37:59PM Leiby's Mobile Home Community LLC 7075 Carlisle Pike,Carlisle PA 17015 Phone: (717) 697-1321 Fax: (717) 790-0690 COMPLAINT Leiby's MHC Plaintiff �f Rettig,Jacob Defendant �©` 3-03-')7 0 RE: Cumberland County Court of Common Pleas Docket MJ-09304-LT-0000077-2013 This complaint is being entered in response to an Appeal filed by Jacob Rettig on June 7,2013. We believe that the Landlord/Tenant Complaint rendered on 5/28/13 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 $1079.09,was a fair and deserved judgment. At this point in time the unpaid lot rent has accrued to$1486.09 and no payments have been received by Leiby's. Mr. Rettig has said that he has paid $944.42 to the Prothonotary. However, due to a drug violation of his lease we cannot allow him to continue to res oQ-gLr =V property. (See Attached) _ Thank you for your consideration of this matter. . - c"- Sincerely, Beth Graves Property Manager Leiby's MHC, LLC Cc: Resident file COMMONWEALTH OF PENNSYLVANIA Authorization Of Representative COUNTY OF CUMBERLAND Mag, Dist.No: MDJ-09-3-04A4 0— MDJ Name: Honorable.Thomas A. Placey vs. Address: 5275 East Trindle Road Suite 110 1 f Mechanicsburg, PA 17050 K49 10 Telephone: 717-697-2201 Docket No: Case Filed: PURSUANT TO PA. R.C.P.M.D.J.NO. 207(B): F] Individual: I designate to act as the authorized representative in the above-captioned matter. Date: Name(Print): Signature: ,Partnership; Corporation or Similar E ity: I designate. to act as the authorized representative of 66,b 11C in the above-captioned matter. el Date: � � � Name(Print): Signature:. Authorized Representative Contac(Information, Name: 6'e-41'A 6-f Leib q s M H C Address: ?� '? Ca r k l S I-c, f 14--e City, ST, Zip: Ca rl C's ~_ A -fl �� 1 Phone: (71 -7) 1 Ol - + 21 MD IS 317 Page 1 of 1 Printed:03/10/2011 10:49:29AM., Friday's Sentinel police log tmp://cumberlirkeord newstlocal/crime-and-courts/friday-s-sendmi r Friday's Sentinel police log MAY 09,2013 7:49 PM Friday's Sentinel police log Silver Spring Township (697-0607) • Two men were arrested after police responded to a home in the 200 block of Key West Boulevard at 5:23 p.m. May 4 for a cardiac arrest resulting from a heroin overdose. Jacob M. Retting, 19, and Joshua A. Miller, 23, both of Mechanicsburg, were charged with misdemeanor recklessly endangering another person, and four counts each of misdemeanor possession of drug paraphernalia. When police arrived, the individual was treated by EMS and gained consciousness, police said. While speaking-with the two males at the scene, they both admitted to injecting each other with heroin needles and multiple items of drug paraphernalia were found, police said. Retting was also charged with two counts of tampering with evidence. Police did not report which of the two men had the overdose. . . • [ r l r T of Mebbartrss�urg, � alWCR4 rth wq.coFiin of L­­I- tion on Ma�'8-after tanro in�ide_nts t Wa�r�n Ap.__ , 2). l ,prev h ?ti rbpo n011 . c�� Mav 3 that tWn f ai i i plant rPt�imS cinrr - on the ciatP in Anal ? fi ern ran • LEIBY'S M.H.C., LLC : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : No. 13-3290 JACOB M. RETTIG • —e • cn kip Defendant. • r, _ PRAECIPE TO WITHDRAW APPEAL = ' TO THE PROTHONTARY: -+ Pursuant to Pa. R. C. P. M. D. J. No. 1008(D), please withdraw the appeal in the above- captioned mattered. I understand and agree that by withdrawing the appeal, the appeal and supdersedeas will terminate. I also understand and agree that all deposits paid to the Prothonotary, which were required to sustain the supersedeas, will now be paid to Leiby's, M.H.C., LLC. Date: 9—30-/3 \)&., C c /APIA Jacob M. Rettig 211 Key West Blvd Carlisle, PA 1705 /043 �'� � .44)4 jmweijoe___ CERTIFICATE OF SERVICE AND NOW, on this ✓0day of September, 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: Barbara A. Darkes, Esq. McNees Wallace&Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Counsel for Leiby's MH.C., LLC ( I ■ Date: t. Jacob M. Rettig LEIBY'S M.H.C., LLC : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 13-3290 CI LC w ...1 JACOB M. RETTIG : 1war gc 2 mor_ Defendant. : t-" .c c3 tQ `b c PLAINTIFF'S MOTION/APPLICATION TO RELEASE FUNDS a nr FROM ESCROW ACCOUNT PURSUANT TO a • '' Pa. R.C.P.M.D.J. No. 1008(B) & 1008(C)(7) --a I Pursuant to Pa. R.C.P.M.D.J. No. 1008(B) and 1008(C)(7), Plaintiff Leiby's M.H.C., LLC moves the Court to release the funds paid into escrow by Defendant Jacob M. Rettig in the above-captioned matter. In support of this motion, Leiby's states the following: 1. This matter concerns a lease agreement: Leiby's M.H.C., LLC ("Leiby's"), the owner of a manufactured housing community in Carlisle, Pennsylvania, agreed to lease a Lot in its community to Defendant Jacob M. Rettig ("Mr. Rettig") in exchange for monthly rent (the "Lease"). A true and correct copy of the Lease is attached as Exhibit A. 2. Under the Lease, Mr. Rettig agreed to pay monthly rent to Leiby's; rent consisted of: a. a base rent amount of$357.00, which included trash recovery; and b. water use costs at an amount per month determined by sub-metered usage. 3. Mr. Rettig signed the Lease on February 15, 2013. 4. Mr. Rettig routinely missed paying his monthly rent obligations on time; and by May 16, 2013 his rent due and owing to Leiby's had accrued to an amount of approximately $900.00. 5. On May 16, 2013, Leiby's sued Mr. Rettig for the rent due and possession of the Lot by filing a complaint in the Magisterial District Court of Cumberland County. 6. On May 28, 2013, the Magisterial District Court awarded judgment to Leiby's, holding Mr. Rettig liable for rent due in the amount of$944.42, plus costs and fees; 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 B. 7. Mr. Rettig appealed to this Court on June 7, 2013. 8. In response, Leiby's filed a Complaint with this Court seeking affirmation of the Magisterial District Court's judgment pursuant to the appellate procedure detailed in Pa. R. C. P. M. D. J. No. 1004. A true and correct copy of Leiby's Complaint is attached as Exhibit C. 9. During the appeal, to sustain a supersedeas over the Magisterial District Court's judgment granting Leiby's possession of the Lot, Mr. Rettig was required to deposit funds in an escrow account with the Court's Prothonotary. Specifically, Mr. Rettig was required to: a. deposit the lesser of three (3) month's rent or the rent in arrears on the date of filing his appeal based on the Magisterial District Court's Judgment; and b. deposit amounts equal to his monthly rent due every thirty days thereafter during the pendency of the appeal. See Pa. R. C. P. M. D. J. No. 1008(B). 10. After checking with the Prothonary's office, Leiby's has confirmed that Mr. Rettig deposited the following amounts in an escrow account with the Court's Prothonotary: a. $944.42 upon filing his appeal, the amount of rent in arrears as determined by the Magisterial District Court; b. $375.00 for July rent due and owing to Leiby's; c. $375.00 for August rent due and owing to Leiby's; and 2 d. $400.00 for September rent due and owing to Leiby's. 11. To date, then, Mr. Rettig has deposited $2,094.42 in an escrow account with the Court's Prothonotary to sustain the supersedeas over the Magisterial District Court's judgment granting possession of the Lot to Leiby's. 12. Since these deposits, however, the parties have agreed to resolve their dispute concerning the Lease amicably. Leiby's has agreed to permit Mr. Rettig to retain possession of the Lot in exchange for: (1) the escrow funds that Mr. Rettig deposited with the Court's Prothonotary; and (2) Mr. Rettig's assent to a payment plan for settling any outstanding rent due. 13. With this understanding, on October 9, 2013, the parties filed a Praecipe to Withdraw Appeal. In the Praecipe, attached as Exhibit D, Mr. Rettig acknowledges that the withdrawal terminates the supersedeas over the Magisterial District Court's judgment and that the funds deposited with the Prothonotary to sustain the supersedeas will be released to Leiby's. 14. Pa. R.C.P.M.D.J. No. 1008(C)(7) states, "If an appeal is stricken or voluntarily terminated, any supersedeas based on it shall terminate. The prothonotary shall pay the deposits of rental to the party who sought possession of the real property." 15. Pa. R.C.P.M.D J. No. 1008(B) states in relevant part that "[u]pon application by the landlord...the court shall release appropriate sums from the escrow account" to compensate the landlord for tenant's actual possession during the appeal. 16. Here, under rule 1008(C)(7), Mr. Rettig has voluntarily withdrawn his appeal, see Pa. R.C.P.M.D.J. No. 1008(C)(7). And under rule 1008(B), Leiby's is entitled to compensation for the time that Mr. Rettig possessed the Lot during the appeal, see Pa. R.C.P.M.D.J. No. 1008(B). Leiby's therefore moves the Court to release to Leiby's the $2,094.42 in funds paid into escrow by Mr. Rettig. 3 17. Mr. Rettig is unrepresented, and so counsel for Leiby's could not seek the concurrence of opposing counsel with regard to this Motion. See C.C.R.P. 208.2(d). Nevertheless, Mr. Rettig and Leiby's have reached an agreement that Mr. Rettig may retain possession of the Lot in exchange for the escrow funds and his assent to a payment plan for settling any outstanding rent due. WHEREFORE, Leiby's M.H.C., LLC, respectfully requests that this Court grant its Motion/Application to Release the Funds from the Escrow Account and Order the Prothonotary to issue a check made payable to Leiby's in the amount of$2,094.42. Respectfully submitted, McNEES WALLACE &NURICK, LLC B ' Y l Barbara A. Darkes I.D. No. 77419 Jerome P. DeSanto I.D. No. 314637 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Leiby's Mobile Home Community, LLC Dated: November 1, 2013 4 EXHIBIT A PENIS;Y!_VAN1A 200 i LEASE AGREEMENT ;'i n . .yk may h Ati,titk,tt}tor ^^ f rzf � rw St f ti+' ,AX.',,' %'s.;t 44. tti Yyy�� ;`. ... •drr' ::: .:...„......:$. ,,c: 4"S~` ^. �'Mot ....6;1'.r S.�, S.�yrMt t �r4A yv`: s�`ti•"4r•. ;.:::.'.k.. ti t f ‘`<3.0,f0.?;'...‘ ti, 004,:::.',gy ,'':;.`,::. nC'r� .:'t+,+,.:�. tip. y`t• y.•• �� 1 ., r LN'S M LLC , ..,,. 7075 CARLISLE PIKE, CARLISLE, PA 17015 717-697-1321 Residents Initials '' .- TABLE OF CONTENTS 1)...Description .3 2)...Terms 3 3)...Rental amount and terms ..4.1::k. 4 4)...Security deposit �''�.r•�` rz`c. 5 5)...Home description ; .. ••5 k �� ..6 6)...Use of rented site and common areas r�kr tw!• f�;�,',• _ r 7 ..Vehicles .� ":Nii* s� ` ti •w, 8)...Sale or transfer of ownership "� "�}' "''��• '• »6 9)...Home and lot maintenance 4:,:: s7 10)...General ti: 7 11)...Installation 4:.,. r ' O e-"' 8 , r,t 12)...Termination of the Rental Agreement , .ii• ; :> �, `; 9 4,y�4 13)...Abandonment of the home by the resident ;,.• 9 14)...Removal of home at residents decision .,e, .9 15)...Removal of home by Community owiwt"„w:�.$ 4.,. ',,;.,$.,t,,,,, 9 16)...Disclosure statements 0 k'..., .-.4x;;::::.::, 1 4r 7{y{'r: w.' 10 17 Non-waiver x.! 10 18)...Legal fees, court fees, attorney l'e ��;„�':; :"% :,•i'r.,.,:„ .tip .r. i�+w � s 19)...Survivorship ,` ~fy '" "� 10 20)...Community Standards..;.. .' f•°:::'% ":'ti 11 r h � r,:,,,.;.:*,*;;.• :*;" "'21)...Amendments, changes, updat '",rr r 11 �` 11 resident• nsurance. Y ,. 23)...Notices • V;,.'. ,:;4.,,,,:w,:, 11 24)...Application o 'residency .Z::x:''. 11 25). .Resident .';tsonal prope,;ty " ;:.� .,,, 11 26). .Corn s 4 w,.....:•'', nk w � ers lia ' f}r ,.;;:p4� 11 27). .OFAC •,:* 12 28)...Parties bound1sitna• ture page _, 12 y..:x ties,;,:• .0, .„ ,:*:,• •• %.:, •••• ,,,x,,,z, tilt.,,.. . .. :Y !:'•r PENNSYLVANIA LEASE / LEIBY5 MHC , LLC Paget . Residents Initials VA:, LEIBYS Manufactured Home Community 7075 CARLISLE PIKE CARLISLE,PA 17015 717-697-1321 PENNSYLVANIA LOT RENTAL/LEASE AGREEMENT cw.., This is a Rental Agreement made and entered into this 5th day of Februaryk.20 '3; r d between LEIBYS MHC, LLC, hereinafter "Community Owner", and Jacob Rettig, `ereinafter "Resident". In consideration of the mutual covenants hereinafter expressed, and in compliaric ,with the re'y; Lents of "The Mobile Home Rights Act of 1976" also known as "Act 261" governingwt € } r no i fi; een Resident and Community Owner,the parties hereto agree as follows: .r:;`:,-: ;.r, ; •w' ` .r, 1. DESCRIPTION OF PROPERTY TO BE RENTED/LEASED: M„,T..a.' {6„0 Community Owner hereby rents unto Resident and Resid, fcpts from Conmuni Owner ”' ty yi ry n`ufactured Home Space; Lot #: 224 and address: 211 Key West�� 'oulevard,.:Carlisle, PA 17015 to be used and occupied only for residential purposes. ,S . The Resident rents a plot of ground within the community described as follows. ;, ;<•°` v.F Approximate Length(These are only approximate and are ot_tkgaily binding): k The ground from the inner edge of,the from id alk tir roadvidSkgii the lot line to the rear of the mobile home. :: : " :'';, y%M Approximate Width(These are only roximate anwd}ar`e riot legally binding): :v,.: 2. TERM 4 M N r r �'t! ';;*,;;.;-.;13;::- This is a Mon It f - onth Rental Agreement. ;.' The term of the RentaVL ase'Agreement shall commence the 5th day of February,2013 , and continue in full force and effect for7a period of one month and month-to-month thereafter starting on the first day of the mopth and concluding of 'last day o£;khie month. However, either Community Owner or Resident may ste'minate this Rental/Lease'A c, men as of the end of the initial term or any extension thereof by giving at ,L*,ti:;$,t Thirty (30) days' prior wri en;fbtice to the other. In the event Resident occupies the aforesaid space 0 V4. the beginning dat:e,, the r 't'for such prior occupancy shall be prorated and all covenants/obligations sha..0',K`, effect during the..prorated period. Occupancy is defined as the date this Rental/Lease Agreement Resident's Si ";ttwe. Date Resident's Signature Date IPENNSYLVANIA LEASE / LEIBYS MHC , LLC Page Residents Initials 3. RENTAL AMOUNT AND PAYMENT TERMS Resident agrees to pay a monthly base lot rent fee of$ 357.00 per month due on or before the first day of each month without notice to the Community Owner. This amount is based on two occupants per home. Any more than two occupants per home will incur an additional charge per occupant. All rents and other payments will be made at the Community Office or a place designated by the Community Owner. All rent will be made payable to Leiby's MHC. When made, all payments will be applied to past due amounts first in the following manner: Late, court, utility, and "other" fees first, COS payment seco td and rent payment last for that particular month which is most delinquent. If any portion of the lase t, COS, utilities, late/court fees, or "other" charges or assessments are not paid by the fifth (5`h)bf the month, a late fee of Fifty (50.00) dollars will be charged for that month. Community Owner reserves the right to take legal action against the Resident for non-payment of rent after the first (1S') of the n ;.;t: th shoul , . v..ot be paid AND the situation warrants this action. A Twenty Five (25) dollar fee will bet ;riow"a .: tix ks that are returned by a bank for any reason. Should a resident have 1yehecks returne "by a bank fo :l. y reason during the period of the lease, Community Owner will require fut e payments made by or on b. If of that Resident to be either certified check or money order only. All rents are to be paid by a c s ' or c ' money order only No cash will be accepted at the Community office. Rents will only be Sidcred paid when they are in the Community office. r: ' :• J 71::y y•1 '4V Other monthly charges due on or before the First,. I:F)af�the month include but r4:not limited to n' v. UTILITIES: ti All charges are based on a monthly teltai a unless otli wise: oted. An administrative fee, mailing fee, billing fee,meter reading fee,or similar fee,11 t,.,be charged and/or included with the utility charges/fees. J F.Water: Included in ba rent x ;.rl , A flat fee of ; t per*nth Resident billed'dIr tlx by utility company, X Sub metered, usageeb lle to the Residept'based on the amount of gallons used Sewer: .:i' Included 'n,base rent f, '°`4,0 , flat fee v� .,?�. "� �e�r month X '; esident:Tiilled'tlirectly by utility company Steetered, usage billed to the Resident based on the amount of gallons used *`'Trash: X_Included*base�..,hase retie ,, A flat fee of° w 510: 0 per month ;r� .'r, �,,. Resident billed'directly by utility company/waste hauler ..'ea,;;y Include,in the base rent `.,. A flat:fee of per month '.r,t, R:4-dent billed directly by the taxing authority unless otherwise noted VW'ti��.•. Pet Fee:___ A flat fee of per month per pet Other: Any charges billed to the Resident as described and permitted by this RentaI/Lease Agreement and or the Community Standards, will be due when the next rent installment is due and will be considered as part of the rent due. PENNSYLVANIA LEASE / LEIRYS MHC , LLC Page4 Residents Initials C\\ Total monthly rents/charges due and owing on or before the First(1st) of the month for lot# 224 known as 211 Kev West Blvd, Carlisle PA 17015 and Rented by Jacob Rettig is $ 357.00 per month. List other monthly charges to be billed to Resident based on usage: Water& Sewer Community Owner may at it's sole discretion adjust monthly rents and or charges upon a Thirty(30)day written notice of such to the Resident. 'U. 4. SECURITY DEPOSIT s i flc P Agreement, agrees pay n� . r ;'4P;� ; th's Upon execution of the Rental/Lease A reement, Resident a rees to a Q 'mmunr Q,. e%, a rent in advance in the amount as stated herein, and a security deposit in the amount`of 7.0 .,xti,. e security deposit will not be returned to the Resident if the Residen ace t s not give Community 0 7: a minimum of Thirty (30) days written notice of the Residents intentions fQ terminate the Lease Agrees :nt. Resident shall not use any part of the security deposit as.:payment of' ents or other chi* Ott the Rental/Lease Agreement has been terminated by evidence;:;p : .Residents, absence from the'"Community and/or removal of the home from the lot described by:f0.4 `.0, this Rental/Lease Agreement. The security deposit may be applied by the Community Owner towards aiy Yej 'delinquency or other charges which may have occurred at the termination of this ,,e ttal/Lease Agreement tt the responsibility of the Resident to provide the Community Owner with� 4 arcling address for the retwn ci any monies which might be owed. 'ii ' Total amount of Security Deposit on"file$714 00 .:j�,ti� + t c f ti 5. MANUFACTURED HOMF DSCRIPTIO14M ,4E. Resident agrees to rent,thelot on whi to;piace his/her tit n ctured home of the following description on the space agreed to bd've: <`ti:: Make: Peerless Year 1970 Size 14 X 70 i ii Color Blue ° ,,, r- Serial Number PP121 " ? .1.47,,ftel -,.k*..x.:4,. ., Leggy owners name as it a�1`p�(/uj.*-�,)ears on the title Jacob Rettig •yy ti titi . r Financeiy(If any)',, N/A Contact number lax 6. USE OF RENTED SITE/COMMON AREAS A Occupancy- The Resident shall occupy the demised premises only for the use of placing a manufactured home for his/her own dwelling purposes. Occupancy will be limited to two (2) persons per bedroom. The manufactured home may only be occupied by those individuals who appear on the rental application, the lease agreement, community standards/rules, and have been approved to live in the community. The primary individual on the title must reside in the manufactured home. lPENNSYLVANIA LEASE / LEIBYS MHC , LLC Pages Residents Initials \V-\ B Resident information- The resident agrees to provide the Community Management with any updated information pertaining to all occupants residing in the mobile home and other information deemed necessary by Community Owner. C Sublease/Subletting- The Resident shall not assign this Rental/Lease Agreement or sublet the premises or any part thereof. The site shall be occupied by only those person(s) whose names appear on the Rental/Lease Agreement. The Resident shall not put the manufactured home or the premises in the possession of another party while the home is on the rented lot without the prior written approval of the Community Owner. Community Owner may at its sole discretion rent homes within the Community that are Community owned. 'r D Resident shall not make any alterations, additions, or improvements on anytipace or any manufactured home located thereon without first obtaining the prior written approval of the Communitv:Owner pursuant to the procedures more fully set forth in the Community Standards. 4 °4wti�.. �4 E All Residents, Guests, or invitees, shall act in accordance and cance with all Federal, State : omp i d Local statutes, ordinances, rules and regulations, Community Standards, and laws. A:Violation of any of these aforientioned will be deemed a violation of your Rental/Lease Agreement. ,:' ' •`'; ,v.y,,. ti F All pets must be approved and registered with the Counilk a i$er PRIOR to the pet being a mm Mowed within the Community. Resident agrees to comply with all pet stipulations and rules set forth is .the Community Standards including the completion and signing of a pet agreement. G No Resident shall interfere with another xekidents^desire to enjoy the Comminity 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 level as not to disturb or be heard on another residential lot,within ::.community. The playing of"Loud" musical r,r.. instruments such as drums are strictly prohibited. Tliie:;Resident'is responsible for all actions of their children, guests, or r invitees while in the Community. " : fti ': '. 7. VEHICLES -,%!;;;K:;;;:,,,, '''4:A., :.x.:::::::.:.y ": ro All vehicles within the. e►mmunity must be`reg stered, currc.ntl licensed, have current valid inspection, operable, in good repair, and proper ;insured. Al.!vehicles and"co duct pertaining with or to vehicles as outlined in section Eight(8) of the Community Stan Ards will be strictly enforced nd Resident agrees to abide by all terms and conditions contained therein. . ":tia'-,. ;y's �f,:,:/ .'' v:;w 8. SALE OR TRANSFER'O"F.:C:,WNERSHIP/TITLE Al .e esidents of the Communit must be approved prior to the purchase of a home within the Community by the Co 9 Management. Residents 'di**, 4iiired to give a written Thirty (30) day notice of intent to sell the Residents hoiiieltqt,,gpts and or prospective Residents agree(s) to all terms set forth in sections One (1), Two (2), Three(3), and Four(4)o''); ='. ommunity Stanch rds iiertaining to the resale and transfer of ownership of a home. l a 9. HOME , "; OT MAIN'T'ENANCE All residents must kUlkheir lot and home in a well kept manor. The lot must be maintained in accordance with the Community Standards^:;o as to present a neat and attractive site. Failure of the tenant to do so may result in the Community Owner performing such up keep at the Residents expense. All items not in use must be stored away. The patio and decks are for lawn furniture, barbeque grills, and the like. This area is not to be used 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 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 is a breach of lease. No trash or rubbish will be permitted to accumulate around your home or on your lot. PENNSYLVANIA LEASE / LEIBYS MHC , LLC Page 6 ` r\ Residents Initials Any plantings or digging of any kind must be done after written consent of the Community Owner. Anyone who foregoes this consent, will be held liable for any damage to underground utilities and holds the Community Owner and their agents harmless. If any Resident has a contractor working on their lot or home, said contractor must have liability insurance coverage for such work. Resident agrees to notify Community Owner of any defective conditions in the Community immediately. 10. GENERAL A) Resident agrees to dispose of all rubbish, garbage and other waste materials ,it.'a' "C'Ie t ,and sanitary manner. Resident agrees to pay for telephone, electricity, taxes, oil and propane, and garbage/trash collection charges due for services to the premises during the term of this Rental/Lease Agreement or any extension thereof. Resident agrees to be responsible for the connection and maintenance of electric lines between the service pole and thee4Yt.a 9.1,,te"- l home. B)If the manufactured home located upon the lot is rented to the Resident 'tie Resident is responsible for -ping the home and all of its parts including, but not limited to, plumbing fixtures, cookirg, refrigeration equipment, : `electrical fixtures in a rented manufactured home unit in a clean and sanitary condition:. The Residen :,isres` Q: ale for the exercise of reasonable care in their proper use. Batteries for thess oke detectoi5.in the rented hori' < ust be serviced regularly by the Resident. y ''�'u;:fir•':�.;l.tiS�;+.•:'. C)All Residents, guest's, invitee's, or family members must abide by all of the°'com munity Standards concerning the use, occupation, and maintenance of the premises,„paikiftrporated by reference in this Rental/Lease Agreement, referenced in the Community Standards, or broi.i ht to Reskient's attention at the :time of the execution of this Rental/Lease Agreement. ;;'•,-`•a' '' D)The Resident hereby agrees that he/she will'4ide•by.A'I D sign the.Community Standards as attached hereto, and incorporated herein by reference, as weg;as any addrtioAaItior amended 0.6 which may be changed,altered, or enacted with proper notice as required by law ~Thirty (30) days' Britten notice of the change in the Rules will be given to the Resident prior to the effective date of the 'evisions. The Resident understands that violations of these Rules/Community Standards shall constitute a breach of thiRerital Agreement and 'be grounds for termination of the Rental/Lease Agreement. wM1wu:; E)The Resident shah not permit others in the matttlfatatured home unit without his/her consent nor shall the Resident allow others to willfully 4 rti vantonlydrsturb the peaceful,enjoyment of the premises of other Residents and neighbors. F) Guests staying with theRsident for a peritl.of over ten (10) days must apply and be registered with Community Managennt, and the length of`•the stay must,�b 'approved. All guests must abide by Community Standards, and any ti infract:c41 of the Community Standards will'be considered grounds to require the guest to immediately leave the J , `� .tir" ..Y Co ' :�7 t . The Resident is responsible for"•the actions and conduct of invited guests and occupants. Any breach of the R‘ta e Agreement or the"Community Standards by invited guests or occupants shall be deemed to be a breach by the Reside%'' d may constitute grounds for an action for summary possession or eviction. G) The Resid ut agrees .,t):ttat the Community Owner and the Community Owner's agents, employees, or other representatives, shall h ve.tl eright to enter into and upon the said premises consisting of the lot which is the subject of this Rental/Lease Agi`eeint, or any part thereof, at all reasonable hours, for the purpose of examining the same or making such repairs oclterations 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. H) Resident may not place any aboveground or underground storage tanks on the premises without the prior written consent of the Community Owner. It shall be the Resident's sole responsibility to comply with all existing and future PENNSYLVANIA LEASE / LEIBYS MHC , LLC Pagel dr Residents Initials ''') � statutes, rules, regulations, ordinances, and orders related to the storage tanks (including pipes and equipment connected thereto)on the premises,and to keep and maintain the tanks in good condition and repair, such that 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 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 related in any way to Resident's installation, ownership, operation, maintenance, or closure of the storage tanks. Upon termination of this Rental/Lease Agreement, Community Owner may at its sole discretion require Resident to remove the tanks and cleanup and restore the Premises back to the original conditions. A violation of this Section shall constitute a material breach of this Rental/Lease Agreement. In addition to any other remedies available, upon Resident's failure to comply- villfi s Section or obtain the Community Owner's approval to maintain the tanks on the Premises, Community Owner 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 in tnnification or to pursue any remedies available, remove or repair the tank and restore the property itself at the 4e d' i �' ., se, and/or (3) terminate this Rental Agreement. Community Owner shall have the right to nisi.t.t e• rem ..-,::o ensure compliance with this Section. 'y' 11. INSTALLATION . k„ti' 4:': All new homes to the community must be installed to meet.all.loe:State,aid federal building co c ades that apply. A building permit is required and a third party inspection must be performed”as a e0Wition of occupancy whether the local building codes office requires such inspections or not A copy.of said inspection and l uilding permit must be provided to the Community Owner on demand. Any contractor wo kingpin the Community is require to%-have insurance coverage in an amount that is commonly deemed as acceptable For the t ype f' ork being completed ,,Sr " S�.t' a) All homes must have an approved foot<eystem to pre�rnt frost heave and meet all building codes and be set up by a licensed contractor. ,A;::::::::::%;.,.� b) All homes must be tied down in accordai ee^tvith the manufactures:;requirements or the UCC code which ever is more stringent. y,. . c) All homes must be skirted.:;viiti*materials specrftdally manufactured for use as mobile home skirting only All materials must be approved by the CommdiftWwner prior tt tote,installation of such materials. d) Utilities must be hooked np in a workmanship like manor as t`o be neat and pass all building codes pertaining to 4:, such installation. The waterline must have a sl off valve at'tlae home, a back flow preventer valve installed, and a heating tape. �:.::. e) Steps(Which e considered a part of the home suuct ire) must be built to meet local codes and must have a four (4) foot by four (4):footl ding. Anv deek;;larger than t1 is must have approval from the Community Owner prior to the construction of said steps/deck;-,Tl `granting of apermit by a local building inspector does not represent permission by the Community Owner to construct;a non-complia4,structure. f)No¢eck,patio,or carport`may;,be enclose0v any materials as to provide another room to the structure. g) ti fences are allowed on a Residents,( t`unless it is placed there by the Community Owner. At itional structures (Sheds;'gazebos, carports, etc) shall be held in strict compliance with the Community Stiliida � r, :. 12. TERMINA'14N OF THJ'RENTAL AGREEMENT This RentaWL Agreement shall be terminated by either party with a Thirty (30) day written notice from the t,.; rtY Y date of service and iiaccordance with all applicable law. Failure on the Residents behalf to give written notice, will negate any monies held as a security deposit from being returned to the Resident. A violation of the Lease Agreement or of the "Community Standards" will be grounds for the termination of the Rental/Lease Agreement. It is agreed to by the Resident that the premises will be returned to the Community Owner in the same condition or better condition than when received with the exception of reasonable and ordinarily accepted wear. 1 PENNSYLVANIA LEASE / LEIBYS MHC , LLC Page 8 Residents Initials 13. ABANDONMENT OF HOME BY THE RESIDENT If any manufactured home is left abandoned in this Community for a period of thirty (30) days or more,the Community Management may enter the home, secure any loose or movable appliances, furnishing, materials or supplies, 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 living in the home, the rent is not paid in full, and if any of the following, water, sewer, electricity, phone, TV cable, and mail 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 home has beepii oved or not.Any Resident who abandons their mobile home on our property will be subject to all legal remedies avarfable tc Community Owner for the removal of said home, clean up of the lot, and all rents still owed on the Leased,4r'bperty until a time that the lot is made to a condition of being able to be leased again. All rents, fees, and charges wiTl:.,continue to accrue as long as the home remains on the rented lot. M ���'"'" ' zi t .:?t}tt' t4 w r r�''^4, 14. REMOVAL OF HOME AT RESIDENT'S DECISION. "h \ Y A. The Resident is required to submit to the office in writing,Thirty 30 days' prior to any home 15 roved,a notice that the manufactured home is to be moved from the Community 1h'i nt fails,t`b give Community Owner a thirty(30) day written notice, said resident will be charged for an additional months re'tf:: *?;:, „:,; B. The Resident must advise the office who will be ttiawin the home from the Comxru)n:tj', the exact date it will be moved, and who will be preparing the home foryremoval (dtgAnnecting the water, s l er and electrical lines). The Community Manager must give the final approval at all lines have.been properly disconnected before the home may be pulled off of the lot. tb' "' C. The manufactured home shall not be:i'd.emolished niiihe lot. D. All provisions of the Community Standards:,will be strieSepforcect in reference to the removal of a home from the Community. w 15. REMOVAL OF MANUFACTURED HOMPlik..COMMUNITY OWNER .1::,m14,,i } t Management shall liaVet; i, ht to re ttlre;:the removal of ahy manufactured home when the following exists: A. Home has been left in diii:00 r"by the Reside t after written notice was given to repair. (This is primarily in regard to exterior, condition of home, slitd, wnings, por es, skirting, etc.) R' wyV�'n4ty, y y r` l B.�`ThW,,Pile d lot is in disrepair in so;:far as items are stored haphazardly around yard and/or on porches, etc., after written noti"" ;, s been given to clean iip. C. Hazardous dt14 tions exist:and have not been corrected after written notice has been given in regard to, but not limited to electrica elfin , and heating systems. 80 D. The manufacturedi'dme is vacant even if the lot rental is still being paid and if the owner of the manufactured home is not making a sincere effort to sell the home. A sincere effort to sell home would be: having home listed with any service by signing a written agreement; placing classified ads in local papers on a regular basis to "sell by owner", and having a "For Sale"sign displayed in the window. E. The manufactured home has been abandoned as more fully set forth in Section 3 of the Community Standards and section 13 of the lease,Abandonment of Home by the Resident. 1 PENNSYLVANIA LEASE / LEIBYS MHC , LLC Page 9 .Residents Initials ,,''N F. Community Owner has been granted summary possession by a court of competent jurisdiction 16. DISCLOSURE STATEMENTS Resident hereby states that he/she has been advised of the following: A. That the Resident is aware of the specific identification of the site being rented. B. That the Resident is aware of and accepts the amount of rent due for each monthly inafal'tinetfP '4%SS C. That the Resident is aware of and accepts the amount of any late fee, returnec4heck fee, or other,assessment or charge that may be levied against the Resident contained within the Lease Agreement. "� ;, ;;N ,ti i MO D. That the Resident understands each service, facility, and utility service'tlatithe Community Owner will p ry. ide, and that the Resident has had clearly identified the availability, capacity and connection fees for all utility se roes at the proposed site in order to assure the proper and adequate installation of utilities arid.,of the manufactured.ho � E. That the Resident has received a description of any termtnatrcit.or t newal options as set forth inThis Rental/Lease Agreement. F. Resident hereby states that he/she has received the r'fow1n ,parts of this Rental/f40 eAgreement and understands said parts and that the listed parts are incorporated herein and''become a part of the Rental ease Agreement as is fully set forth herein: rI 4 Part 1 A copy of this Rental/Lease Agtee. kent _ Part 2 A copy of Leiby's MI-IC Community at dard ' Part 3 A copy of Act 261 kno ti l '1. ��. s The Mobt�'�;�fattte rights Act ,yes:; 5•,y'.;tit:tip; !!.i"".f;:...}t: 17. NON-WAIVER *`` i,• The acceptance of rent by the Community Owh r is not deemed as a waiver of any rights or remedies for a breach or subsequent breach by the;Resident of•this Rental/Lease:Agreemetit or the Community Standards. y 18. LEGAL FEES,C�'h'RT FEES,AND/OR:ATTORNEY FEES Community Owner shall chaYge.in accordance ">,th the law, any attorney's fees, court costs, and other reasonable costs incurred qtly the Community Oviriie ::as a result::A upholding, enforcing, or obtaining compliance of this Rental/Lease ' Agreer ;tit or the Community Standards as a result of a breach or default on behalf of the Resident. 19: S k� :, ORSHIP tiff tir: This Lease einent is bindirig:'upon the successors, assigns, heirs, lien holders, agents, executors and administrators of the Resident.'.• 20. COMMUNITY SrztAARDS(RULES AND REGULATIONS) The Community Standards (Also known as the Rules and Regulations) are a condition of this Rental/Lease Agreement and to which all residents, guest's, invitee's, and others must comply with as a condition of occupancy. A BREACH OF THE COMMUNITY STANDARDS IS A BREACH OF THIS RENTAL/LEASE AGREEMENT AND MAY SUBJECT THE RESIDENT FOUND TO BE IN DEFAULT OF THESE STANDARDS TO EVICTION BY ANY MEANS ALLOWED BY LAW. All residents are responsible for the actions of their children, guest's,and invitee's.By the resident signing of this lease, said resident acknowledges receipt of Community Standards as they are written on the date of signing and to fully comply with these Community Standards or any amended Standard that the Community 1 PENNSYLVANIA LEASE / LEIBYS MHC , LLC Page10 f . Residents Initials \V-----.. Owner may implement at a future time. 21. AMENDMENTS,CHANGES,UPDATES Community Owner may at its discretion change, update, and/or amend any section of the Rental/Lease Agreement or Community Standards with a thirty(30)day written notice to the Resident as required by law. 22. REQUIRED RESIDENT INSURANCE .;,:*>‘:''.`'''''''' :::,, Community Owner does not carry insurance to protect the resident or their property against loss,including but not limited to fire, theft, vandalism, criminal acts, acts of God, or other causes. Each resi46%i.s,regtti t ti`. insurance against loss and liability. Resident must provide proof of such insurance as a,c ittidition offbccupart o,4 ,,,.:,::::;.1.:,, )111 23. NOTICES c?e5' Any contractual obligations or special permission/exemption;o: .z.::::. tlse.must be 'iii a written form fr he Community Owner. Any deviation of the Community Standards granted•l y O Wti a.ity Owner or the agent thereof must be in writing. `'` 24. APPLICATION OF RESIDENCY t .:, 4 �""�`;` >�'.:;;;;;:7:::x wig, ti' tip.• ;L';.. 1.:•:tit" .�' .5;:,:,.1 tiff" All persons seeking residency in the Community"?are required tocomplete an application for residency.Any prospective Resident who falsifies any part of the applicatibii,document will be denied residency from the Community and if such falsifications are discovered after residency has beenSranted,'fesidency tatus will be revoked and the Resident will be evicted from the community. Any oneyiesiding in tlitt�community withd t,being granted approval by the Community Owner will be considered a trespassei4d tbe.,dealt with as uch • �,:ivy' ;;,. ...M'`J ` 25. RESIDENTS PERSONAI<PROPERT Y •;`� Community Owner shall not be ..responsible for:'any personal property left in the community upon termination, surrender, or abando. ent of the premises. Furthermcl'e :.Community Owner shall not be liable for the storage or disposition of any residents:personal,;propetty. ; "w a1 26. COMMUNITY OWNERS,LIABILITY ,.ti:'; :ti•k Comt nity Owner shall not be I1410,,,0 any;Resident, Residents invitees, guests, family, or employees of the premises for t.,p..•t,4j,tries, deaths, or damage to'life?i r'"property caused by defects, disrepair, or faulty construction of the premises except �•t as provided by 1'aw. Comiiiunity Owner shall be held harmless of any liability arising from death or damages b $ incidents but not,limited to fires, floods, storms, falling trees or branches, vandalism, criminal activity, explosion,ra ' :other scenarios beyond the Community Owners control. 27. OFAC .,1;s `.:. t Resident does hereby'represent that neither Resident or any person who resides or is proposed to reside with the Resident in the community is or will be a Prohibited Person, as that term hereinafter defined. A "Prohibited Person" is any entity, person or party: that is listed in the Annex to, or is otherwise subject to the provisions of, Executive Order 13224 issued on September 24, 2001 (E013224); whose name appears on the United States Treasury Department's Office of Foreign Assets Control (OFAC) most current list of"Specifically Designated National and Blocked Persons" (Which list may be published from time to time in various mediums including but not limited to, the OFAC website, http:wvvw.treas.gov/ofac/tllsdn.pdf) (the OFAC list); who commits, threatens to commit, or supports "Terrorism," as that term is defined in EO 13224; or who is otherwise affiliated with any entity or person listed above. IPENNSYLVANIA LEASE / LEIBYS MHC , LLC Page 11 Residents Initials s \, -- 28. PARTIES BOUND This Rental Agreement shall be binding upon the parties hereto. Signed with our hands and seals the day, month and year first above mentioned. - ;:, \-,)-1,5:V) 'yy'I •±F^ WITNESS RESIDENT ' ` wLt "7ti,'ti y 4 WITNESS RESIDENT ` (6...d2;47..(.4.7„„.e.,._ --1_,..:::,,..\,-) \ :.:, LEIBYS MHC, LLC DATE ; ''v;?. LIST ALL OTHER OCCUPANTS TO RESID`E'INyT%TAE HOME y, %'•1 ti ; ti,.:::', :tii ;i, } : aC ti ":r by a :; r, S 4Vy L.ti y 1 �'• .. ,:;.;,: k 6 r }wt^.h5;'�r ti hi A. tiyA;,�. tit x;..''7":', ::y% .::1 1y.µ"Pr a` t 1 PENNSYLVANIA LEASE / LEIBYS MHC , I_ LC Page 12 EXHIBIT B • COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND s .4t; Residential Lease t , Mag. Dist. No: MDJ-09-3-04 Leiby's M.H.C. MDJ Name: Honorable Paula P. Correal v. Address: 5275 East Trindle Road Jacob Michael Rettig Suite 110 Mechanicsburg, PA 17050 • Telephone: 717-697-2201 Leiby's M.H.C. Docket No: MJ-09304-LT-0000077-2013 7075 Carlisle Pike Case Filed: 5/16/2013 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-0000077-2013 Leiby's M.H.C. Jacob Michael Rettig Judgment for Plaintiff 05/28/2013 Judgment Summary Participant Joint/Several Liability Individual Liability. Amount Jacob Michael Rettig $0.00 $1,079.09 $1,079.09 Leiby's M.H.C. $0.00 $0.00 $0.00 Judgment Detail (*Post Judgment) In the matter of Leiby's M.H.C.vs. Jacob Michael Rettig on 5/28/2013 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge,is$347.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Rent in Arrears $0.00 $944.42 944.42 Filing Fees $0.00 $97.50 $97.50 Costs $0.00 $5.00 $5.00 Server Fees $0.00 $32.17 $32.17 Grand Total: i11,079.09 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed:05/28/2013 2:37:59PM Leiby's M.H.C. Docket No.: MJ-09304-LT-0000077-2013 v. - Jacob Michael Rettig 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 JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. '���'(CYrq•y,, r''17 ,. 5 7 1 97/__. (L'''.' da4;,.. &-Oel-4 4 4 IX.,. i, c' , '^ ' Date Senior Magisterial District Judge Paula P.Corr_ "°`" I certify that this is a true and correct copy of the record of the proceedi ca taining the judg -nt.�,,„, 04....._ - ' ,,, Date e Ma§is er a District Judge - MDJS 315A Page 2 of 3 Printed:05/28/2013 2:37:59PM Leiby's M.H.C. Docket No.: MJ-09304-LT-0000077-2013 v. Jacob Michael Rettig Participant List Plaintiff(s) Leiby's M.H.C. 7075 Carlisle Pike Carlisle, PA 17015 Defendant(s) Jacob Michael Rettig 211 Key West Boulevard Carlisle, PA•1701.5 Authorized Agent- Plaintiff(s) Beth A Graves 202 Meadow Drive Shippensburg, PA 17257 MDJS 315A Page 3 of 3 Printed:05/28/2013 2:37:59PM • • • • EXHIBIT • C Leiby's Mobile Home Community LL C 7075 Carlisle Pike,Carlisle PA 17015 Phone:(717) 697-1321 Fax: (717)790-0690 COMPLAINT A P 19 e--ej Leiby's MHC Plaintiff ?x 13 - '3Z q 0 • Rettig,Jacob Defendant RE: Cumberland County Court of Common Pleas Docket MJ-09304-LT-0000077-2013 This complaint is being entered in response to an Appeal filed by Jacob Rettig on June 7,2013. We believe that the Landlord/Tenant Complaint rendered on 5/28/13 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 $1079.09,was a fair and deserved judgment. At this point in time the unpaid lot rent has accrued to$1486.09 and no payments have been received by Leiby's. Mr. Rettig has said that he has paid$944.42 to the Prothonotary. However, due to a drug violation of his lease we cannot allow him to continue to reside on our property. (See Attached) Thank you for your consideration of this matter. Q: :.:, nia:, w - -,' - — ce-. " c-)Sincerely, i c,7), ,,,_„ , -7 d/r-)-:, Beth Graves - =` Property Manager Leiby's MHC, LLC Cc: Resident file TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the se l of said CoLia at Carlisle, Pa. This ? day of t 0 /3 �D, la .` a9 onotary • EXHIBIT LEIBY'S M.H.C., L„C ! : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : No. 13-3290 :; ,• , JACOB M. RETTIG rnm ;Y�:'_ z r -•r r Defendant. • ..<x> o'=' PRAECJPE TO WJTHDR 4W APPEAL x'c—. TO THE PROTHONTARY: Pursuant to Pa. R. C. P. M. D.J.No. 1008(D), please withdraw the appeal in the above- captioned mattered. I understand and agree that by withdrawing the appeal, the appeal and supdersedeas will terminate. I also understand and agree that all deposits paid to the Prothonotary,which were requited to sustain the supersedeas, will now be paid to Leiby's, M.H.C., LLC. D ate: 't (' 9�`��iO Jacob M. Rettig 211 Key West Blvd Carlisle, PA 1705 ler-d4411;i4'e"V '777,041-0-1°d111--/-6/1h -,;(2) II CERTIFICATE OF SERVICE AND NOW,on this % 1.1 day of September,2013, 1 hereby certify that 1 have served a true and correct copy of the within document,via first class mail postage paid as follows: Barbara A. Darkes,Esq. McNees Wallace&Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Counsel for Lerbv's M..H.C., LLC Date: ' Jacob M. Rettig • CERTIFICATE OF SERVICE AND NOW, on this 1st day of November, 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: Jacob Rettig 211 Key West Blvd Carlisle, PA 1705 Appellant/Defendant /2- � J Jerome P. DeSanto 21 t 3 NOV -4 PM 1 '- 21 CUMNERLAND COUNTY PENNSYLVANIA LEIBY'S M.H.C., LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. No. 13-3290 JACOB M. RETTIG Defendant. 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., LLC in the above-captioned matter. McNEES WALLACE &NURICK LLC By Ba 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 Mobile Home Community, LLC Dated: November 1, 2013 CERTIFICATE OF SERVICE AND NOW, on this 1St day of November, 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: Jacob Rettig 211 Key West Blvd Carlisle, PA 1705 Appellant/Defendant 'Jerome P. DeSanto �f CUMBERLAND COUNTY PROTHONOTARY OFFICE-GENERAL FUND Check Date : 11/12/2013 * 2275 * Case No. Defendant Descriptions Amt Released Receipt 13-03290 LEIBY' S M H C RENT 944 .42 291635 13-03290 LEIBY' S M H C RENT 375 . 00 292608 13-03290 LEIBY' S M H C RENT 375 . 00 293897 13-03290 LEIBY' S M H C RENT 400 . 00 295252 CD 7-- c' �-- C'S C) < . z c.2 Check Amount : INFWe9NW9RPdI TION[L1558HB]4681375 David D. Buell ORRSTOWNBANK SHIPPENSBURG,PA CUMBERLAND COUNTY RO PROTHONOTARY OFFICE 60-15031313 1 COURTHOUSE SQUARE,SUITE 100 CARLISLE,PA 17013 CHECK DATE CHECK NUMBER PAY THIS AMOUNT 2 0 11/12/2013 2275 $2, 094 .42 0 Two Thousand Ninety Four And 42/100 Dollars TO THE ORDER OF LEIBY' S 2013-3290 m ��=Ali//111111111—•41111.41110.‘,41 ORIZED SIGH ATURE II'00227So 1:03L3L5036.: L08 LLLL7LII' 15453311122013 Cumberland County Prothonotary's Office Page: 1 PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - Rel Date Desc No No Amount Date No Amount LEIBY'S RENT 6/07/2013 PYMT/CASH 291635 13-03290 944.42 7/01/2013 PYMT/CASH 292608 13-03290 375.00 8/01/2013 PYMT/CASH 293897 13-03290 375.00 9/04/2013 PYMT/CASH 295252 13-03290 400.00 11/12/2013 2275 2,094.42 ** Total Amount Released 2,094.42 End of Listing • LEIBY'S M.H.C., LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW JACOB M. RETTIG, • Defendant : NO. 13-3290 CIVIL TERM IN RE: PLAINTIFF'S MOTION/APPLICATION TO RELEASE FUNDS FROM ESCROW ACCOUNT PURSUANT TO PA. R.C.P.M.D.J. No. 1008(B) & 1008(C)(7) ORDER OF COURT AND NOW, this 7th day of November, 2013, upon consideration of Plaintiff's Motion/Application To Release Funds from Escrow Account, and Defendant having filed a praecipe to withdraw his appeal and terminating the supersedeas, it is hereby ordered that said motion is GRANTED. The Prothonotary of the Court of Common Pleas of Cumberland County is hereby ORDERED to release any and all funds, totaling $2,094.42, that Defendant Jacob M. Rettig has paid into escrow to sustain the supersedeas in this appeal. BY THE COURT, lj /Pell< Christyle-. . Peck, J. Barbara A. Darkes, Esq. Jerome P. DeSanto, Esq. 100 Pine Street r*i z 3 P.O. Box 1166 z= ° `�t'r= Harrisburg, PA 17108-1166 yr Attorneys for Plaintiff Q -"'- a Jacob M. Rettig 211 Key West Blvd. -c ^,c Carlisle, PA 17015 Defendant, pro Se fez /! "1/1.3