HomeMy WebLinkAbout14-0563 COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
MAGISTERIAL D9STRICT JUDGE JUDGMENT
• COMMON PLEAS No. �7(o� C4�� ( f��•�
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.
� N ME OF APPELLANT MAG. DIST. NO. NAME OF MDJ
g rw Sw ,st r M y 1 t1, ,'yn d. J ea n
ADDRESS Or APPELLAi i CITY Y STATE ZIP CODE
1 11. iVre C',oKr f :GS Ap.
DATE OF JUDGMENT �� Ci IN THE CASE OF (Plaintiff) V (Defendant)'
COCKET No SIGNATURE OF APPELLANT OR ATTORNE OR AGENT
C)LvDODI 2A1y /J
This block will be signed ONLY when this notation is required under Pa. If appellant wa 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 riling the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
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 V, 159c, f},5� tt appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. / — iGj 3 G;V - I ) within twenty (20) days a er service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To U ���G,fj� �G C��.ec� 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 service or by certified or registered mail.
(2) ' i you do not fi!e cokiplaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(s) i he date o service of this rule if service was by mail is the date of the mailing. /
Dater /aid .20 1� •. �� �UeC�
I�� .� 'V!!1l/R 1A }� r `yN �y r Signature of Prothonotary or Deputy
YOU MUST INC LlJQE A COPY OF THE NC T Cg4Ub2Wg FORM WITH T IS NOTICE OF APPEAL.
AOPC 312 -05 r` Eli c � �. _ii $�03,
Q 306 9ff
.COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript
COUNTY OF CUMBERLAND
Residential Lease
Mag. Dist. No: MDJ- 09 -3 -04 Village Associates
MDJ Name: Honorable Kathryn H. Silcox V
Address: 5275 East Trindle Road Tara Smyser
Suite 110
Mechanicsburg, PA 17050
Telephone: 717-697-2201
Tara Smyser Docket No: MJ- 09304 -LT- 0000001 -2014
420 Wren Court Case Filed: 1/6/2014
Mechanicsburg, PA 17050
Disposition Details
Grant possession. Yes
Grant possession if money judgment is not satisfied by the time of eviction. No
Disposition Summary (cc - cross complaint)
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09304- LT- OQQ9001 -2014 Village Associates Tara Smyser Judgment for Plaintiff 01/21/2014
J..u dg _ _..... ,_..._
ment . .. Summa .. ry .. ....
Participant Joint/Several Liability . Individual Liability Amount
Tara Smyser $0.00 $135.80 $135.80
Village Associates $0.00 $0.00 $0.00
Judgment Finding (*Post Judgment)
In the matter of Village Associates vs. Tara Smyser on MJ- 09304 -LT- 0000001 -2014, on 1/21/2014 the judgment was awarded as
follows:
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Filing Fees $0.00 $98.50 $98.50
Costs $0.00 $5.00 $5.00
Server Fees $0.00 $32:30 $32.30
Grand Total: $135.80
Portion of judgment for physical damages arising out of residential lease: $0.00
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION
WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF
COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. 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 MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
MDJS 315A Page 1 of 3 Printed: 01/21/2014 12:38:21 PM
Village Associates Docket No.: MJ- 09304 -LT- 0000001 -2014
V.
Tara Smyser
h olFw
k
Date The Honorable Silcox
certify that this is a true and correct copy of the record of the proceedings containing the judgment.
�.; .; •,�..� ^�1K ;',rte � r�
Date Magisterial District Judge
MDJS 315A Page 2 of 3 Printed: 01/21/2014 12:38:21 PM
Village Associates Docket No.: MJ- 09304 -LT- 0000001 -2014
V.
Tara Smyser
Participant List
Plaintiff(s)
Village Associates
1000 N. Front Street
Suite 500
Wormleysburg, PA 17043
Defendant(s)
-
420 Wren Court
Mechanicsburg, PA 17050
MDJS 315A Page 3 of 3 Printed: 01121/2014 12:38:21 PM
Ot FEB —4 t' 29
sUtIEEVAA T `
P N
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C her(4,-d ;ss
AFFIDAVIT: I hereby(swear) (affirm)that I served
❑ a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on
(date of service).(0t , 20 11-1 , ❑ by personal service [ ,by(certified)(registered)mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
741-i , 20 I by personal services V i' � I • by(certified)(registered)mail,
sender's receipt attached hereto. O°(4
(SWORN) FFIRMt D SUB$�;�IBED BEFORE ME
THIS AY OF 20 ``/j�
LI /I._
rgnature of official before who!, affidavit was ma.e Sig , ure • rant
Prothonotary,Cumberland Cosmty,Carlisle,PA
My Commission Expires the First Monday of Jan.2018
Title of official
My commission expires on ,20
AOPC 312A-05
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F i
// tits
"t f1 V l{mil v
Goldberg Katzman, P.C.
J. Jay Cooper, Esquire � y f� 2.
}
4250 Crums Mill Road, Suite 301, P. O. Box 6991
Harrisburg, PA 17112 CUMBERLAND COUNI'�
(717) 234-4161 f.1 PENNSYLVANIA
Pa. ID No. 31720
Attorney for Plaintiff
ROBERT V. GOTHIER, SR., JACK R. : IN THE COURT OF COMMON PLEAS
LEISURE, RONALD M. KATZMAN, : CUMBERLAND COUNTY
AND BRADLEY C. LEISURE T/A : PENNSYLVANIA
VILLAGE ASSOCIATES, a Pennsylvania :
general partnership, : CIVIL ACTION - IN EJECTMENT
Plaintiff
: No: 14-563 CIVIL
v.
•
TARA SMYSER, •
Defendant •
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint is
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
PENNSYLVANIA LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
{00672480;v1}
Y •
Goldberg Katzman, P.C.
J. Jay Cooper, Esquire
4250 Crums Mill Road, Suite 301, P. O. Box 6991
Harrisburg, PA 17112
(717) 234-4161
Pa. ID No. 31720
Attorney for Plaintiff
ROBERT V. GOTHIER, SR., JACK R. : IN THE COURT OF COMMON PLEAS
LEISURE, RONALD M. KATZMAN, : CUMBERLAND COUNTY
AND BRADLEY C. LEISURE T/A : PENNSYLVANIA
VILLAGE ASSOCIATES, a Pennsylvania :
general partnership, : CIVIL ACTION - IN EJECTMENT
Plaintiff
: No: 14-563 CIVIL
v.
•
TARA SMYSER,
•
Defendant
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en
contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion
y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para
usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
PENNSYLVANIA LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
(00685083;v2}
J. Jay Cooper, Esquire
4250 Crums Mill Road, Suite 301, P. O. Box 6991
Harrisburg, PA 17112
(717) 234-4161
Pa. ID No. 31720
Attorney for Plaintiff
ROBERT V. GOTHIER, SR., JACK R. : IN THE COURT OF COMMON PLEAS
LEISURE, RONALD M. KATZMAN, : CUMBERLAND COUNTY
AND BRADLEY C. LEISURE T/A : PENNSYLVANIA
VILLAGE ASSOCIATES, a Pennsylvania :
general partnership, : CIVIL ACTION - IN EJECTMENT
Plaintiff
: No: 14-563 CIVIL
v.
•
TARA SMYSER,
•
Defendant
COMPLAINT
1. Plaintiff is VILLAGE ASSOCIATES, a Pennsylvania general partnership,
comprised of four adult individuals, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman,
and Bradley C. Leisure.
2. Plaintiff Village Associates has its principal place of business located at 1000
Front Street, Suite 500, Wormleysburg, Cumberland County, Pennsylvania 17050, and is the
owner of certain property know as Hampden Village Mobile Home Park located in Hampden
Township, Cumberland County, Pennsylvania.
3. Defendant Tara Smyser is an adult individual who since September 2001, has
resided in a mobile home located in the Hampden Village Mobile Home Park, with an address of
420 Wren Court, Mechanicsburg, Pennsylvania 17050 (hereafter the "Premises").
4. On or about March 18, 2011, Plaintiff and Defendant entered into a new written
lease (the "Lease") for the Premises for an initial term of one month. A true and correct copy of
the Lease for the Premises is attached hereto and incorporated herein by reference as Exhibit"A".
{00685083;v2}
•
5. On March 18, 2011, Defendant also received and acknowledged in writing that
she had received a copy of the updated Rules and Regulations for Hampden Village Mobile
Home Park, which Rules were made part of the Lease, and which Defendant was required to
abide by as a Lessee in Hampden Village. A copy of the Rules are attached hereto as Exhibit"B",
and incorporated herein by reference.
6. Pursuant to the Lease, Exhibit"A", Defendant remained in possession of the
Premises on March 18, 2011, and Defendant has remained in possession of the Premises ever
since that time.
7. The Lease and Rules and Regulations, Exhibits "A" and"B", at various places
require Defendant to keep her mobile home and the lot on which it sits in good condition and
repair and clear of clutter.
8. The Rules and Regulations, Exhibit"B", at paragraph 7 specifically limit Lessees
to one shed per lot. The Rules at paragraph 7 further provide that if a space has more than one
shed existing on the lot at the time the Rules are made effective the Lessee would have one year
in which to remove such extra shed.
9. Defendant brought or caused to be brought onto her lot at 420 Wren Court, a
second shed sometime during 2010, which shed still remains on Defendant's lot, despite the fact
that more than one year has elapsed March 18, 2011,the date on which the new Rules and
Regulations, Exhibit "B" became effective.
10. On November 8, 2012, Plaintiff's Property Manager sent to Defendant by
certified mail a Notice of Rule Violation advising Defendant that she was in violation of her
Lease due to her failure to keep her lot at 420 Wren Court in good condition and because she had
2
{00685083;v2}
brought a second shed onto the property after moving into the Premises, all of which violated
Defendant's Lease and the Rules and Regulations for Hampden Village. A copy of said Notice is
attached hereto as Exhibit"C".
11. On March 21, 2013, Plaintiff's Property Manager sent to Defendant by certified
mail a second Notice of Rule Violation advising Defendant that she was in violation of her Lease
and the Rules and Regulation in that her property was an eyesore with numerous items cluttering
her lot and because she had failed to remove the second shed that she had brought onto the
property. A copy of said Notice is attached hereto as Exhibit"D".
12. On April 24, 2013, Plaintiff's Property Manager sent to Defendant by certified
mail a third Notice of Rule Violation that Defendant was in violation of her Lease due to her
failure to clean up numerous items on her property and because she had failed to remove the
second shed that she had brought onto the property. A copy of said Notice is attached hereto as
Exhibit"E".
13. On October 17, 2013, Plaintiff's Property Manager sent to Defendant by certified
mail yet another notice that the condition of her lot continued to be in violation of her Lease and
that Defendant continued to violate her Lease due to her failure to remove the second shed that
she had brought onto the property. A copy of said Notice is attached hereto as Exhibit"F".
14. The notice of October 17, 2013, advised Defendant that she would be evicted due
to her Lease violations.
15. Paragraph 21 of Defendant's Lease provides that Lessor is entitled to collect from
a defaulting Lessee its court costs, expenses and reasonable attorneys fees incurred as a result of
a violation of the Rules and Regulations or incurred in enforcing the terms of the Lease.
3
{00685083;v2}
16. By virtue of Defendant's failure to comply with the terms of the Lease and the
applicable Rules and Regulations, Defendant is in breach of her obligations under the Lease.
That breach is a continuing breach that has gone uncorrected from November 2012, through to
the present time, despite numerous demands by Plaintiff that Defendant cure said breach.
COUNT I—IN EJECTMENT
17. The allegations contained in paragraphs 1-16 inclusive are incorporated herein by
reference as though set forth at length.
18. Under the Lease, Plaintiff may bring any appropriate action against Defendant for
violation of the Lease and Rules, and Defendant is made liable to Lessor for Lessor-Plaintiff's
costs and expenses, including its reasonable attorney's fee, incurred in taking action.
19. By virtue of Defendant's breach of her obligations under her Lease and the
applicable Rules and Regulations, Plaintiff has termination Defendant's Lease, and the Plaintiff
is entitled to possession and therefore seeks an Order of possession of the Premises.
WHEREFORE, Plaintiff Village Associates demands judgment against Defendant
Smyser for possession of the Premises at 420 Wren Court, Mechanicsburg, Pennsylvania, along
with judgment for the amount of Plaintiff's attorneys fees and costs of suit incurred in bringing
and pursuing the instant action continuing through to the time of trial.
Respectfully Submitted,
GOLDBERG�KATZMAN, P.C.
J. Ja oop@r, Esquire (Pa. ID# 31720)
4250 Crums Mill Road, Suite 301
Harrisburg, PA 17112
Date: February 18, 2014 Attorneys for Plaintiff
4
{00685083;v2}
LEASE
This Lease Agreement, ( hereafter the "Lease"), is made this /"ay of
rd") , 20 1 j , by and between VILLAGE ASSOCIATES, (hereafter
"Lessor"), AND —Tar ‘.. .m Lik.00 r (hereafter
"Lessor").
In consideration of the mutual covenants herein set forth, and in compliance with
ACT 261 of the General Assembly of the Commonwealth of Pennsylvania, the
Manufactured Home Community Rights Act, as amended, 68 P.S. sec. 398.1 et seq. ,
hereafter the "Act", governing the relationship between Lessee and Community
management( Lessor),the parties hereto agree as follows:
1. PARTIES BOUND.
This Lease will be binding upon the parties hereto and their respective successors, heirs
and assigns.
2. PROPERTY.
Lessor hereby rents to Lessee and Lessee rents from Lessor the premises in the Township
of Hampden, County of Cumberland, and State of Pennsylvania,known and described as
lot or street number q/)Wren C-(- , (the "home space"),
located in Hampden Village Mobile Home Park(the "Park"), for the sole purpose of
placing thereon one (1)manufactured home, to be occupied solely as a dwelling place.
3. MANUFACTURED HOME DESCRIPTION.
Lessee agrees to place and/or maintain the manufactured home of the following
description on the home space:
Make Gti 1Vyl '" VIN/Serial# c�g q
Year 1.C� Size )'1)47 Q
Lessee agrees to install only a manufactured home that is in excellent condition and
repair, and further agrees to maintain same so that it will continue to be an attractive
home that will be a benefit to the neighbors and the Park.
4.TERM. ,
This Lease shall be for a period of ONE (l)MONTH beginning on the 1� y of
Hard , 201/. In the event Lessee occupies the manufactured home
space prior to the beginning date,the rent for such prior occupancy shall be prorated.
I. EXHIBIT
W
J A
F
co
J
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Q
•
5.RENTAL AMOUNT.
The monthly rental to be paid by Lessee to Lessor is as follows: Monthly rent for the
manufactured home space is $345.00,plus, as additional rent, charges, if any, included in
the Disclosure of Fees document attached hereto.
6. PAYMENT PROCEDURE.
Payments are to be made at the Office of Lessor's representative, RVG Management and
Development Co., located at 1000 North Front Street, Wormleysburg, PA 17043, or
other location as directed by Lessor from time to time. Checks are to be made payable to
"VILLAGE ASSOCIATES".
7.RENTAL DUE.
Home space rental is due on the first (1s) of each month. Other charges and fees are due
upon billing. •
8. LATE CHARGE.
A late charge of$40.00 shall be due and payable with respect to any amount of rent that
is not received by the seventh(7th)day of the month.
9.UTILITIES.
Lessee shall pay for all gas, heat, light, power, telephone and any other public utility
services that may be obtained or supplied to the manufactured home space or the home
located thereon.
10. ILLEGAL ACTIVITY BY LESSEE.
Lessee and all persons residing with Lessee shall occupy and use the home space and the
common areas of the Park in compliance with all Federal, State and Local laws,
ordinances and regulations now in force or hereafter enacted and imposed. Violation of
such laws, ordinances and regulations by Lessee and/or those residing with Lessee shall
be a violation of this Lease, and shall permit Lessor to exercise any and all remedies
provided by this Lease, including eviction.
11. MAINTENANCE OF LESSEE'S HOME SPACE.
Lessee agrees to maintain the manufactured home space in good condition and repair.
Trees, shrubs and flowers may be planted,posts may be installed, driveways and cabanas
added,but only in strict conformance with the applicable rules and regulations of Lessor
and with the prior written consent of Lessor. Replacement of any light bulbs in any pole
light located on the home space shall be the responsibility of Lessee. Lessee agrees to
properly cultivate and care for the lawn, shrubbery, trees and home space grounds.
- In addition, Lessee a_ ees to . • - 1 maintain in good cond.tio. ..d repair the
manufactur-• home and storage enclosures , • ' t .e 'laced u..• the grounds
.`Cessee sp- ' •' • t onzes Lesso to come upon the home s.ace at all reasonabl-
t e for the purpose o'inspecting the exterior of the manu actured home an. enclosures,
and he rewithi-agrees com
-to pp y t directives o the—I;essor with respect to
maintenance and repair of said-faciii ies:--Lesse recognizes that fai uI—re ato b3e"b'y-t}rese-
obligations with respect to maintenance and repair will constitute a violation of this Lease
for purposes of computing violations which would authorize Lessor to institute an action
for eviction.
12.USE OR PARK STREETS.
In as much as Lessor's Park is maintained as a private enterprise,the streets and lanes in
the Park are private,not public thoroughfares. Lessor may, therefore, at its discretion, and
in the interest of safety and traffic control, restrict the delivery of certain products and
services to designated suppliers. These controls may or may not include such goods and
services as dairy products, fuel,bakery goods, laundry and dry cleaning.
13.RENEWAL OF LEASE.
At the end of the initial term and all subsequent terms of the Lease, this Lease shall be
automatically renewed for an additional term of one month subject to any modifying
procedures by Lessor, unless either party shall notify the other in writing a minimum of
one month prior to the expiration of the rental agreement that the party does not intend to
renew. All Leases are to terminate at the end of the standard rental period, the last day of
the month, such that notice received on October 4th, begins November 1st and ends
November 30th
14.ASSIGNMENT OF LEASE AND SUBLETTING PROHIBITED.
Lessee is prohibited from subletting the manufactured home space, and from assigning
this Lease, or any other rights in this Lease to any other party without the express written
consent of Lessor.
15.HOLDOVER REMEDIES.
Whenever the term of the Lease expires, if the Lessee continues in possession of the
manufactured home space after the date of termination of the Lease without Lessor's
written consent, Lessor may recover from the Lessee an amount equal to double the daily
rent under the previous agreement, for each day the Lessee remains in possession and
Lessor may in addition, bring an action for possession and damages caused by the
holdover.
16. FIRST MONTH'S RENT.
Lessee agrees to pay Lessor in advance the first month's rent as stated herein. Said
payment shall not be due or received until five (5) days after the last date and time noted
on the receipt for the Policy and Fees Disclosure document.
17. TRANSFER OF LEASE.
Subject to Lessor's right to accept or reject the proposed new Lessee on the same basis by
which he accepts or rejects any new Lessee, this Lease will be transferable from Lessee
to any person to whom Lessee may transfer title to the manufactured home at any time
during the Lease after application and acceptance by Lessor. The new Lessee will assume
all of the duties and obligations of the original Lessee, and those of the Lessor to the
Lessee will remain as to the original Lessee for the remainder of the term of the Lease.
Failure on the part of the original Lessee to notify Lessor for review five (5)days prior to
the transfer of the title to a new Lessee,may be grounds for termination of the Lease and
removal of the home form the Park.
18.PROPERTY RULES AND REGULATIONS.
Lessee shall conform to Lessor's Rules and Regulations governing the Park, which are
attached to this Lease as Exhibit "A" and made a part thereof. The Rules are also posted
in the Park in accordance with the Manufactured Home Community Rights Act. Lessor
shall have the right during the term of this Lease to change or add to the Rules in its
discretion. No change or addition to the Rules shall become effective until Lessee has
been provided with a copy of the changed or added Rules, and such changes are posted,
as required by the Act. Lessee agrees that a violation of the Rules shall be a violation of
this Lease. Violations of the Rules shall permit Lessor to exercise any and all remedies
provided by this Lease.
19. LESSOR'S REMEDIES: GENERAL STATEMENT.
In the event that Lessee (1) fails to make any payment required under the terms,
covenants and conditions of this Le , including, without limitation intended, rent as
required by Paragraph 5 above, or breaches of any term, covenant, condition or
obligation under this Lease or under t e Rules, Lessor shall have,in addition to any other
rights or remedies which Lessor may have under this Lease or at law or in equity, the
right and option to pursue any or all of the following remedies:
(a) To terminate this Lease, subject, however, to the provisions of Paragraph 20
below,dealing with eviction;
(b) To bring an action to recover possession of the home space (subject to
Paragraph 20 below);
(c) To bring an action to recover the balance of the rent or other charges, due
under this Lease;
(d) To bring an action for consequential damages caused by Lessee's breach of an
obligation under this Lease,including reasonable attorney's fees and costs.
20.EVICTION.
(a) Notice to Quit. Lessee hereby waives the Notice to Quit otherwise required by
the Pennsylvania Landlord and Tenant Act of 1951, as amended, 68 P.S.
250.101 et seq. and any other applicable law. This means that Lessor may
demand that Lessee vacate the home space immediately without any prior
notice when this Lease ends, or if Lessee is in default of this Lease.
Notwithstanding the foregoing, Lessor may not seek Lessee's eviction based
on defaults of this Lease without first giving Lessee such default notices as are
required by the Act.
•
(b) Reasons for Eviction. The rules governing eviction of manufactured home
community residents are set by statute and are described in the "Important
Notice Required By Law" attached to this Lease as Exhibit . Lessee may be
evicted from the home space for any of the following reasons:
(i) Nonpayment of Rent;
(ii) A second or subsequent violation of the Rules or this Lease
occurring within a six-month period;
(iii) A change of use of the Park or parts thereof;or
(iv) Termination of the Park.
21. COLLECTIONS.
In addition to any fee, charge, rent, or debt owing to Lessor under this Lease, the Lessor
shall be entitled to collect from the Lessee, its actual and bona fide expenses incurred as a
result of a breach of this Lease by the Lessee, as a result of a violation of the Rules and
Regulations adopted by the Lessor, and or in the context of enforcing the terms of this
Lease, including but not limited to its actual court costs, litigation expenses, and
reasonable attorneys fees,to the fullest extent permitted by law. The Lessor shall also be
entitled to collect from the Lessee any fee, charge, rent, debt, or damages relating to
Lessee's improper holdover,abandonment of the manufactured home,or Lessor's storage
or removal of Lessee's manufactured home,to the fullest extent allowed by law.
22. SET-UP AND CONNECTIONS TO COMMUNITY SYSTEMS.
Set-up of the home and connection to water, sewer and electric is by service/set-up
personnel selected by Lessee at Lessee's expense. Lessee must ensure that competent,
qualified personnel follow applicable health, safety, and building codes and procedures.
23.ENTIRE AGREEMENT
This Lease and the attachments thereto set forth the entire agreement of the parties hereto
with regard to the subject matter hereof and this Lease may not be modified nor any
provisions hereof waived except by a writing signed by the parties hereto.
24.LESSEE HEREBY ACKNOWLEDGES
A. Lessee acknowledges RECEIPT AND REVIEW of this Lease AND the
following exhibits:
1. Application
2. Rules and Regulations 5
3. Rent Charges Fees Disclosure V
4. Policies and Fees Disclosure Cover Sheet __
5. Policies and Gui eli es Disclosure Receip
6. Lessee Data form n(�pQ
7. ACT 261 Important Notice - 3
B. That Lessee has provided the information required in the Lessee Data Form and is
responsible for updating this data as changes occur.
C. That Lessee is aware that the term of payment is monthly on or before the first of
the month.
25. Designated notification recipient Lessee: In accordance with ACT 261 the below
listed Lessee is designated to be the official recipient of all required notices to this
Lease.
Designated Lessee:
Mailing Address:
26. THIS LEASE SHALL HAVE NO FORCE OR EFFECT UNTIL FIVE
DAYS AFTER THE LAST DATE NOTED ON THE ATTACHED RECEIPT
FOR THE DISCLOSURE DOCUMENT REQUIRED BY ACT 261.
I understand and agree to the terms of this Lease and acknowledge receipt of the
documents and information listed above.
LESSEF� _ Date and Time .� )ISJ i
Date and Time
Date and Time
LESSOR( SIGNATURE REQUIRED) ► yr --
Robert V. Gothier, Sr.
HAMPDEN VILLAGE MOBILE HOME PARK
RULES AND REGULATIONS
To promote a healthy and enjoyable living environment and to protect your
investment in your home, certain rules and regulations have been adopted to enhance
through good upkeep the desirability of living in this manufactured home community,
known as Hampden Village Mobile Home Park (hereafter the "Park").These Rules and
Regulations are intended to encourage a friendly, clean and well-maintained community
of which we can all be proud. Our objective is to maintain a highly regarded residential
community with pleasant surroundings in which you can live with pride, dignity, safety
and comfort.
A. GENERAL REQUIREMENTS
1. Business will be transacted at the Park Office between the hours of
8:30am and 5:30pm Monday through Thursday and 8:00am and 4:30pm
on Fridays. The Office is Iocated on the fifth floor of 1000 N. Front Street,
Wormleysburg, Pa. The office telephone is 731-0700. In case of
emergency after hours the number will be answered by our service.
2. Any persons who will occupy a mobile home shall be reported in writing
to the Lessor, and the full name and relationship, if any, of said party or
parties to the Lessee shall be disclosed.
3. All Lessees must register at the Office prior to moving in and check out
before moving out. Lessor must be notified prior to any home being
placed for sale.
4. All checks are to be made payable to Village Associates. Checks are due
IN THE OFFICE by the first of each month as set forth in the Lease. After
the seventh of the month, a late fee of$40.00 will be charged.
5. No more individuals than is suitable for the manufactured home of its
particular size and design shall occupy manufactured homes. Lessor
reserves the right to limit rental to two adults and their children per home.
6. Visitors that are guests of Lessee in excess of fourteen (14) consecutive
days or in excess of twenty-one (21) days per year are required to apply
for Lessor's approval for living in the home. After review of criminal,
background and/or financial checks in accordance with community
procedures, approval and listing on the Lease may be granted if the
additional applicant meets all of Lessor's requirements.
7. Lessor will not be responsible for damage, injury or loss by accident, theft,
fire, mischief or acts of God to either property or person of Lessee or
guests and Lessee is hereby notified that Lessee assumes all risk in such
matters and should insure themselves and their property accordingly.
a EXHIBIT
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8. Lessees may sell their homes without restriction as to purchaser. However,
if the purchaser desires to keep the home in the Park, the home must
comply with current residency requirements and the purchaser must
comply with the entrance procedures and meet the Lessor's requirements
of residency before a new resident will be approved. Lessor will do its
utmost to assist in a timely acceptance of the new Lessee. Any change in
ownership of the home requires a new lease with all owners meeting the
requirements of Resident status established by Lessor(i.e. ownership and
be a party to the Lease.)
B. HOME
IPAll homes must be maintained to blend with other homes in the Park and
be in keeping with the general appearance of the Park.
02.. All homes and home spaces must be kept in good condition and repair,
and the exterior must be kept clean, neat and properly painted at all times.
Lessor reserves the right to require reasonable repairs,
maintenance, and improvement of any home or home space for the general
upkeep of the Park.
3. All exterior home and home space improvements including but not limited
to, temporary or permanent additions, alterations, patios, patio coverings,
porches, concrete or masonry work, skirting, utility changes, or any
change in the exterior color of home or buildings must be submitted to and
approved in writing by Lessor prior to any change or installation. Lessees
are advised that they must obtain all governmental permits at their expense,
the work must conform to building code, and be approved by all
appropriate authorities. No construction or improvement of any kind shall
interfere with, or be placed in, areas over or under which there are
easements, and no items shall be positioned so to encroach upon any
setback line requirements.
4. It is required that painting shall be done by Lessee of the steps, hitches,
roofs, utility buildings and any other surface, which Lessor determines to
be unsightly. Paint color must be submitted to and approved in writing by
Lessor prior to any painting being done.
5. Steps to the home shall be of a type approved by Lessor.No cinder blocks
will be permitted to be used as steps. Any electrical hookups in excess of
50 amps will be charged to Lessee by Lessor at Lessor's cost.
6. Removal of manufactured home hitches is mandatory. All skirting shall be
installed as approved by and at the direction of Lessor. This approval will
include the type, the color of the installer, the workmanship and the like.
Lessor reserves the right to remove or have removed or to reject any color
•
or workmanship that does not conform to Lessor's specifications. Any
home without skirting at the end of 30 days shall pay a fee of$10.00 per
day until acceptable skirting is installed. Lessee should talk to Lessor
before purchasing or installation to avoid problems.
0 Any utility buildings or sheds must be approved by Lessor, and must be
professionally designed and constructed with vinyl siding or wood, have
shingled or vinyl roofs and other pre-approved material to match or
compliment the home exterior. Sheds must be maintained in good repair
and appearance. Onl o_y,_ne shed or utility building per home space is,
permitted. If a home space has more than one shed existing at the time
these Rules are implemented or a shed that does not meet these
requirements, Lessee shall have one year from the date these Rules are
made effective in which to remove such extra shed or utility building or
conform to these Rules. Utility buildings and sheds must have doorways
that are closed if not in use, and cannot have garage type doors. Lessor's
permission must be obtained prior to placement of a utility building or
shed on a home space.
8. TV and any other antenna shall not be higher than 12 feet above the roof
of the manufactured home. Satellite dishes exceeding 39 inches in
diameter are not permitted. Satellite dishes may not be placed in the front
yard of the home. Only in the rear and side yards or attached to the home
and must stay in that specific home space and may not encroach on
another home space. Electronic or other devices which interfere with
other Lessees will not be permitted.
9. All utilities to the home must be installed, maintained, and be in good
working order at all times. (i.e.electricity, gas,water, sewer heat.)
10. Existing oil tanks must be maintained in good condition and in such a
manner that they are level, stable,on a firm footing,rust free,and painted
to blend with the color of the home. Any Lessee removing their home
from the Park must remove their oil tank safely and at their expense.
C. PETS
1. NO pets are allowed in the Park except by specific written permission of
Lessor. Lessor reserves the right to accept or reject any pet for any
reason. Pets shall not be permitted to run loose in the Park and may not be
staked or tied when outside. All pet waste must be picked up immediately
and properly disposed of by Lessee. Animals being exercised while on a
leash are not permitted on the premises of any other Lessee. Lessees shall
be charged a fee of$10.00 per pet per month.
2. Noisy and unruly pets or those that cause complaints will not be permitted
to remain in the Park.
3. Feeding animals or leaving food or drink outside of a home is strictly
prohibited.
D. YARD AND HOME SPACE
........_............._..._.. . . .
1. Lawns must be kept mowed, trimmed and raked at all times by Lessee.
Lessor reserves the right to mow any lawn that is neglected,in which case
Lessor shall charge a fee to Lessee.
2. Shrubbery and plants that are part of the Lessee's home space shall
become property of the Lessor and cannot be removed after planting,
without Lessor's written permission.Any planting of trees on the premises
must be approved in writing by Lessor. Trees may not be cut down
without prior approval from Lessor. All shrubs and trees on the home
space must be kept trimmed and maintained by Lessee.
3. Clotheslines will not be permitted on any home space. Drying of clothes
on any home space is permitted with an umbrella-type pole, provided that
it is in a collapsed position when not in use.
4. No fencing of any kind is permitted on any home space. This includes
underground electrical fencing.
5. No hot tubs or pools shall be allowed on any home space, except for small
wading pools. For safety, approved wading pools must be monitored at all
times and removed when not in use. Only wading pools less than 6 inches
in depth and 6 feet in diameter will be considered for approval. Lessee will
be responsible for any damage caused by a pool, such as dead grass,water
damage, etc. Lessee may not allow a pool to become unsightly or to
become a health hazard. Residents with existing hot tubs at the time these
Rules are implemented shall have six (6) months to remove the hot tub
from the home space.
(6) A very limited number of lawn ornaments, exterior decorations, and large
children's toys shall be permitted on any home space by Lessor. Lessor
may limit the size,number and type of these items.
7. All items such as but not limited to lawn mowers, toys, tools, concrete
blocks,tires, etc.,must be stored inside the home or in an approved shed.
8. The burning of trash,rubbish,leaves,or other materials is prohibited.
•
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9. Disposable diapers, paper towels, sanitary napkins, or any other foreign
matter shall not be put into the sewer system. Lessee shall be solely
responsible for all costs involved in sewer blockages caused by the above.
E. VEHICLES
1. Parking spaces for two (2) vehicles (for Lessee and guests) in front of the
home space are provided free of charge. This includes small boats, small
trailers, motorcycles, etc. Lessees having more than two vehicles will be
charged$10.00 per month per vehicle. Vehicles must be legally registered
• and have a current inspection, and any vehicles which are not must be
removed from the Park immediately. Washing of guest's vehicles is
absolutely prohibited. Vehicles with oil leaks must be removed from the
Park immediately. Vehicle maintenance is prohibited in the park. Noisy
motorcycles and vehicles will be banned from the mobile home Park and
must be removed upon notice from Lessor.
2. A five(5) mile per hour speed limit and all STOP signs must be observed
at all times.
3. Vehicles must be parked in the paved areas provided. Driving or
parking on grass, patios or common areas of the mobile horne Park is
prohibited. Temporary parking for occasional, short term guests is
permitted on the roadway, as long as the vehicle does not prohibit passage.
4. Parking or storage of commercial vehicles, tractor cabs, stake-body,
service-body, dump-body or utility-body type trucks is not permitted in
the mobile home Park.
5. Large boats, Large trailers, and recreational vehicles are prohibited on the
homespace, except for a short period of time (up to two days) to load and
unload before and after use. Small fishing boats and trailers are permitted
at Lessor's sole discretion, so long as they are parked in paved areas and
there is ample parking on the home space.. In Park use of such items is
prohibited.
6. Any type of ATV,golf cart,trailbikes,or snowmobile is prohibited.
7. Parking is limited to the number of vehicles that can reasonably be
accommodated, at the discretion of Lessor, on the paved surface provided
at the home space. Lessor reserves the right to limit the number and type
of vehicles that may be parked on a home space.
F. COMMUNITY LIVING
1. Lessor reserves the right to eject or prohibit entry into the Park to any
individual who causes a disturbance or who becomes a nuisance.
2. Lessees shall be responsible for the conduct of the members of their
household,their pets and their visitors, and shall be liable for any damages
to Park property or the property of others. Drunkenness, loud parties, acts
of inappropriate conduct as determined in Lessor's sole judgment or any
activity that disturbs the peace and tranquility of the Park is prohibited.
3. No peddling, soliciting or commercial enterprise is allowed in the Park
without the written consent of Lessor. No routine babysitting of unrelated
children from outside the Park is permitted.
4. Air rifles, BB guns, bows and arrows, pellet guns, fireworks, and.
weapons of any type may not be discharged or displayed in the Park.
5. Any violation of federal, state or local laws and ordinances shall be
considered a violation of these rules and regulations.
6. Conviction of any drug related offense shall be the basis for immediate
termination of a Lessee's lease.
7. Whenever a maintenance problem is encountered, such as a common area
light being out, a broken water or sewer pipe, etc, such should be
REPORTED TO THE OFFICE.
8. Curbside Trash Pick-Up is on Thursdays or as designated by Lessor.
Lessees are allowed four (4) 32 gallon trash cans and one large item per
week. Lessees will be given a list of items that are acceptable and
unacceptable for pick-up. When trash cans/recycling bins are not at the
curb, they must be placed neatly beside your porch or in your shed. Trash
cans/recycling bins must be removed from the curb by the evening of the
day of collection.
9. A recycling bin will be given to Lessees upon moving into the Park. All
glass jars, plastic bottles and jugs, aluminum cans and newspapers are
recyclable. PIease refer to the "What to Recycle" list for more information.
10. Parents shall be held responsible for the conduct of, and any damage
caused by their children and guests. Lessor reserves the right to take
any corrective measures necessary in such instances. Lessor is NOT
RESPONSIBLE for any damage, injury or loss by accident, theft or fire to
either the property or person of Lessee or guest, and Lessee will assume
all risks in such matters.
11. No children are permitted to play or participate in games on any street or
drives of the Park. Play areas are provided in the front grass area, the
picnic area adjacent to the creek, and the rear grass area, for the use by
Lessee and their children, with such use being at their own risk. All
persons shall be respectful of the rights and property of the other Lessees
and occupants of the Park, and shall not trespass upon the premises of
others or otherwise disturb their quiet possession thereof.Basketball hoops
in driveways are prohibited.
12. Lessees are expected to conduct themselves in a manner which does not
annoy,harass or interfere with the quiet enjoyment of other lessees in their
occupancy of the Park. It shall be a violation of these Rules for a Lessee or
other person living with a Lessee of the Park to be convicted of or to plead
guilty to any serious criminal charges which in any way involve activities
occurring while in the Park or which involve crimes no matter where
occurring that involve in Lessor's sole discretion actual or threatened
serious bodily harm or injury, including sex related crimes which fall
within the scope of Pennsylvania's Megan's Law.
These Rules and Regulations are part of the Lease of each Lessee in Hampden
Village and are hereby binding on each Lessee and all persons residing in the Park.
Lessor reserves the right to add to or to delete Rules and Regulations when deemed
necessary. No failure to enforce these rules shall be deemed a waiver of the right to do so
in the future.
Village Associates
100 North Front Street
Wormleysburg,PA. 17043
717-731-0700
Dated. -trt--
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VILLAGE ASSOCIATES
1000 N. FRONT STREET, SUITE 500
WORMLEYSBURG, PA 17043
717-731=0700
November 8,2012 Certified Mail #
91 7108 2133 3938 7679 5334_ ___
Tara Smyser Return Receipt Requested
420 Wren Court And Regular U.S. Mail
Mechanicsburg, PA 17050
NOTICE OF RULE VIOLATION
420 WREN COURT
Dear Ms.Smyser:
You are in violation of the Lease for failure to keep your home and lot in good condition and for failure
to remove the second shed. Upon my visit on November 6, 2012, I noticed that you still have not
cleaned up your porch and yard. You have too much toys,garbage, and other miscellaneous items
causing your home to look cluttered and unkempt. This will not be tolerated.Please remove the shed
and clean up your porch within the next ten(10)days or your Lease will be terminated.
Do not mistake the seriousness of this matter. I have given you plenty of time to get things in order and
get the shed removed. This is your final notice. -,' , -
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Property Manager
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VILLAGE ASSOCIATES
1000 N. FRONT STREET, SUITE 500
WORMLEYSBURG, PA 17043
717-731-0700
March 21, 2013 CERTIFIED MAIL
& REGULAR US MAIL
91 7108 2133 3938 7682 3204
Tara Smyser
420 Wren Court
Mechanicsburg, PA 17050
SECOND NOTICE OF RULE VIOLATION
420 WREN COURT
Dear Ms. Smyser:
Upon my re-inspection of your lot yesterday, I noticed that you still have far too many items
cluttering your front porch,yard, and driveway. This is an eyesore and a breach of the Rules and
Regulation of the park.
Further you still have not removed your second shed. I would like to remind you that you
signed the Rules and Regulations in March 2011, agreeing that only one shed was permitted.
This must be completed within one (1) month.
I feel as though I have been very lenient with you in giving you plenty of time to get your place
cleaned up and your shed removed. Hampden Village prides itself on being a model park and I
simply cannot allow you to keep your place in this condition.
Sincerely,
L - LA...A ti.,j,g,Dait,4"–r\---71—
Farrah S. Davenport
Property Manager
a EXHIBIT
§
.
VILLAGE ASSOCIATES
1000 N. FRONT STREET, SUITE 500
WORMLEYSBURG, PA 17043
717-731-0700
Certified Mail
April 24, 2013 91 7108 2133 3938 7682 3051
Return Receipt Requested
Tara Smyser And Regular U.S. Mail
420 Wren Court
Mechanicsburg, PA 17050
THIRD AND FINAL NOTICE OF RULE VIOLATION
420 WREN COURT
Dear Ms. Smyser:
Pursuant to my inspection on April 19, 2013, your home and home space still has not been
cleaned up and the second shed still has not been removed. Within the next ten (10) days, the
following must be completed:
• Pavers/rocks in driveway must be removed
• Home must be pressure washed
• All leaves must be cleaned up
• Plastic swing set and plastic home on the porch must be removed
• All trash and cans must be removed
• Porch must be cleaned and maintain a clean appearance. It is too cluttered
• Second shed must be removed
• All pavers laying in yard must be removed
Failure to maintain your home in accordance with the standards of Hampden Village, the
Lease, and Rules and Regulations will not be tolerated. This is your final notice. The next
notice you will receive will be your Lease termination notice.
Sincerely,
jyrd}itivk-t"}<-/
Farrah S. Davenport
Property Manager
a EXHIBIT
•
VILLAGE ASSOCIATES
1000 N. FRONT STREET, SUITE 500
WORMLEYSBURG, PA 17043
717-731-0700
October 17, 2013 CERTIFIED MAIL
& REGULAR U.S. MAIL
91 7108 2133 3938 7679 4610
Tara Smyser
420 Wren Court
Mechanicsburg, PA 17050
RE: EVICTION
Dear Ms. Smyser:
I drove by your home last week and noticed that some of the repair/maintenance items that
were to be done have been completed however, some have not. On Thursday October 31,
2013 I will be conducting an inspection of your home and I would like you to be there. Should
everything be completed I will allow you to stay. if it is not, I will immediately be calling the
constable for the eviction. You have had plenty of time to get this stuff done. As a reminder the
list of items is as follows:
• Home must be pressure washed
• Pile of rocks and dirt must be cleaned up out of the driveway
• Landscaping must be fixed up
• Trash/cans and other garbage can not be laying on the porch
• The exterior of your home can not be cluttered with anything
• Swingset and other childrens toys must be gone or out of site
• 2rd shed must be removed
Further, the balance on your account must be paid in full. The balance is $158.31. If the above
items are not completed and the balance is not paid by October 31, 2013, you will he evicted.
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Recipient: PBP Account#: 18428072
Address: `i a-0 t,..) t J?Gsu u
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VERIFICATION
I, Ronald M. Katzman, a partner in Village Associates, a Pennsylvania general
partnership, on behalf of Village Associates, hereby acknowledge that I have read the foregoing
COMPLAINT, and that the facts stated therein are true and correct to the best of my knowledge,
information and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.
Section 4904,relating to unsworn falsification to authorities.
Village Associates
^ A
a i , By: - �/'vr, -� fro--
Ronald M. Katzman, Pa ' r
{00685350;v1}
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon
the person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, via Certified Mail and regular mail, as follows:
Tara Smyser
420 Wren Court
Mechanicsburg, PA 17050
GOLDBERG KATZMAN, P.C.
By: 4377-11.
J. Ja 1 uire Esquire
ID #31720
PO Box 6991
Harrisburg, PA 17112
(717) 234-4161
Attorney for Plaintiffs
Date: February 20, 2014
5
{00685083;v2}
Goldberg Katzman, P.C.
J. Jay Cooper, Esquire
4250 Crums Mill Road, Suite 301, P. 0. Box 6991
Harrisburg, PA 17112
(717) 234-4161
Pa. ID No. 31720
Attorney for Plaintiff
r- [LED -OFFIC.z:
T.1iE
R tii1R 28 PH 2: 5.0
UMBERLAND COUNTY
PENNSYLVANIA
ROBERT V. GOTHIER, SR., JACK R.
LEISURE, RONALD M. KATZMAN,
AND BRADLEY C. LEISURE T/A
VILLAGE ASSOCIATES, a Pennsylvania
general partnership,
Plaintiff
V.
TARA SMYSER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - IN EJECTMENT
No: 14-563 CIVIL
PRAECIPE FOR DEFAULT JUDGMENT IN EJECTMENT
TO THE PROTHONTARY:
Please enter judgment by default in favor of the Plaintiff and against the Defendant, Tara
Smyser, for possession of the mobile home lot located at 420 Wren Court, Mechanicsburg,
Pennsylvania, for failure to respond to the Complaint. I hereby certify that a copy of the attached
10 day Notice dated March 14, 2014, was served upon the Defendant by mailing the same to the
Defendant on March 14, 2014.
Date: MI 2S1 20N(
{00691279;v1)
GOLDBERG KATZMAN, P.C.
By:
J. Ja Esquire- I.D. #31720
4250 Crums Mill Road, Suite 301
Harrisburg, PA 17112
Attorneys for Plaintiff
tkiS
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iteeh‘ A„Seot
GoldbergKatzman
A T T O R N E Y S a t L A W
March 14, 2014
Ms. Tara Smyser
420 Wren Court
Mechanicsburg, PA 17050
Re : Village Associates v. Tara Smyser No. 14 -563, Civil Action in Ejectment,
Cumberland County Court of Common Pleas
Dear Ms. Smyser:
Enclosed ten(10) day default notice relating to the above captioned case that I am
serving upon you by this letter. The Complaint in this matter was filed on February 20, 2014, and
served that day on you by regular and certified mail.
Very truly yours,
J. Jay Cooper, Esquire
JJC /smh
Enc.
4250 Crums Mill Road, Suite 301 I P.O. Box 6991 I Harrisburg, PA 17112 1 717- 234 -4161 I fax: 717 - 234 -6808 I www.goldbergkatzman.com
Plus convenient offices in downtown Harrisburg, Lancaster and Carlisle.
{00689216;v1}
Goldberg Katzman, P.C.
J. Jay Cooper, Esquire
4250 Crums Mill Road, Suite 301, P. O. Box 6991
Harrisburg, PA 17112
(717) 234 -4161
Pa. ID No. 31720
Attorney for Plaintiff
ROBERT V. GOTHIER, SR., JACK R.
LEISURE, RONALD M. KATZMAN, .
AND BRADLEY C. LEISURE T/A
VILLAGE ASSOCIATES, a Pennsylvania
general partnership,
Plaintiff
v.
TARA SMYSER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - IN EJECTMENT
No: 14 -563 CIVIL
TO:. Tara Smyser
420 Wren Court
Mechanicsburg, PA 17050
DATE OF NOTICE: March 14, 2014
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PLEAD TO THE
COMPLAINT FILED IN THE ABOVE - CAPTIONED MATTER. UNLESS YOU ACT
WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO
FIND OUT WHF,RE YOU CAN GET LEGAL HELP.
PENNSYLVANIA LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717- 249 -3166
800 - 990 -9108
{00689080;v1)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon
the person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, via Certified Mail and regular mail, as follows:
Date: March 14, 2014
{00689080;v1}
Tara Smyser
420 Wren Court
Mechanicsburg, PA 17050
GOLDBERG KATZMAN, P.C.
By:
J. Jay Coerisqiiire `)
ID #31720
PO Box 6991
Harrisburg, PA 17112
(717) 234-4161
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon
the person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States
Mail, with first -class postage, prepaid as follows:
Tara Smyser
420 Wren Court
Mechanicsburg, PA 17050
GOLDBERG KATZMAN, P.C.
By:
Date: March, 2014
{00691279;v1}
J. Jay o per Esquire
ID #31720
PO Box 6991
Harrisburg, PA 17112
(717) 234 -4161
Attorney for Plaintiffs
Goldberg Katzman, P.C.
J. Jay Cooper, Esquire
4250 Crums Mill Road, Suite 301, P. 0. Box 6991
Harrisburg, PA 17112
(717) 234-4161
Pa. ID No. 31720
Attorney for Plaintiff
ROBERT V. GOTHIER, SR., JACK R.
LEISURE, RONALD M. KATZMAN,
AND BRADLEY C. LEISURE T/A
VILLAGE ASSOCIATES, a Pennsylvania
general partnership,
Plaintiff
V.
TARA SMYSER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - IN EJECTMENT
No: 14-563 CTVIL
NOTICE OF ENTRY OF JUDGMENT
TO: TARA SMYSER, DEFENDANT
You are hereby notified that on
entered against you in the above-captioned c e:
, 2014, the following judgment was
Judgment by default in favor of Plaintiff against Sefend n fo
home lot located at 420 Wren Court, Mechanicsburg, Pe ylvam for
Plaintiffs Complaint filed in this action.
Dated: yol-19
ossession of thoThobile
e to res to the
Prothonotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
Date: i\nrA (AN 2I
{00691281;v1}
Tara Smyser
420 Wren Court
Mechanicsburg, PA 17050
GOLDBEKCAT MAN, P.C.
By:
J. Jay oTdEsquire- I.D. #31720
4250 Crums Mill Road, Suite 301
Harrisburg, PA 17112
Attorneys for Plaintiff
Goldberg Katzman, P.C.
J. Jay Cooper, Esquire
4250 Crums Mill Road, Suite 301, P. O. Box 6991
Harrisburg, PA 17112
(717) 234-4161
Pa. ID No. 31720
Attorney for Plaintiff
f HE PRD! HONG TAP:
ti JUN -4 Ali 8. 1+9
CUMBERLAND COUNT/
PENNSYLVANIA
ROBERT V. GOTHIER, SR., JACK R.
LEISURE, RONALD M. KATZMAN,
AND BRADLEY C. LEISURE T/A
VILLAGE ASSOCIATES, a Pennsylvania
general partnership,
Plaintiff
v.
TARA SMYSER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
CIVIL ACTION - IN EJECTMENT
No: 14-563 CIVIL
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONTARY:
Please issue Writ of Possession in the above matter, for possession of the mobile home
lot located at 420 Wren Court, Mechanicsburg, Pennsylvania 17050.
Date: (9' e2OM
{00691283;v2}
GOLDBERG KATZMAN, P.C.
By: �.
J. Ja 'oop , Esquire- I.D. #31720
4250 Crums Mill Road, Suite 301
Harrisburg, PA 17112
Attorneys for Plaintiff
eipaA
ed,4
04 -if 36,777
I4 pd
.mss CO.
/S.
•
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon
the person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States
Mail, with first-class postage, prepaid as follows:
Date: June LI , 2014
{00691283;v2}
Tara Smyser
420 Wren Court
Mechanicsburg, PA 17050
GOLDBERG KATZMAN, P.C.
By:
J. Ja C Esquire
uire q
ID #31720
PO Box 6991
Harrisburg, PA 17112
(717) 234-4161
Attorney for Plaintiff
lof2
WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Robert V. Gothier, Sr., Jack R.
Leisure, Ronald M. Katzman,
and Bradley C. Leisure T/A
Village Associates, a Pennsylvania
general partnership
VS.
Tara Smyser
No. 14-563 Civil Term
Costs
Attorney's $ 45.00
Plaintiff's $
Prothonotary $ 2.25 DUE CO
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to: (Plaintiff (s))
Robert V. Gothier, Sr., Jack R.
Leisure, Ronald M. Katzman,
and Bradley C. Leisure T/A
Village Associates, a Pennsylvania
general partnership
being: (Premises as follows):
for possession of the mobile home lot located at 420 Wren Court, Mechanicsburg, PA 17050
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any
property of the defendant (s) and sell his/her (or their) interest therein.
Date 6/4/14
(Seal)
David D. Buell, Prothonotary,
Common Pleas Court of Cumberland Countyz PA
1
Lt&L,
2 of 2
No 14-563 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Robert V. Gothier, Sr., Jack R.
Leisure, Ronald M. Katzman,
and Bradley C. Leisure T/A
Village Associates, a Pennsylvania
general partnership
Tara Smyser
VS.
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y $ 45.00
Plff (s) $
Prothy $ 2.25
Sheriff $
Plaintiff (s) attorney name and address:
J. Jay Cooper, Esq.
Goldberg Katzman, P.C.
4250 Crums Mill Rd., Suite 301
Harrisburg, PA 17112
(717) 234-4161
Attorney for Plaintiff (s)
Where papers may be served
By virtue of this writ, on the day of . I caused the within
named , to have possession of the premises described with the
appurtenances, and
Sworn and subscribed to before me this
Day of
So Answers,
Sheriff
By
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OF': ;CF. C)F TH"c $H:PIFF
THE iPROTHON 1
Mit JUN -9 AH 9
CUMBERLAND COUNTY
PENNSYLVANIA
Village Associates
vs.
Tara Renae Smyser
Case Number
2014-563
SHERIFF'S RETURN OF SERVICE
06/06/2014 03:37 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Writ of
Possession by "personally" handing a true and attested copy to a person representing themselves to be
the Defendant, to wit: Tara Renae Smyser at 420 Wren Court, Hampden Township, Mechanicsburg, PA
17050, Cumberland County, informed Defendant of contents of same and verbally advised her that she
had 20 days to remove the mobile home from the lot.
June 09, 2014
(c) CountySuito Sheriff, Teleosof, Inc.
SO ANSWERS,
RONNS' R ANDERSON, SHERIFF
Goldberg Katzman, P.C.
J. Jay Cooper, Esquire
4250 Crums Mill Road, Suite 301, P. O. Box 6991
Harrisburg, PA 17112
(717) 234-4161
Pa. ID No. 31720
Attorney for Plaintiff
THE PROTHON
JUL -8 PM 2: 14i
CUMBERLAND COUNTY
PENNSYLVANIA
ROBERT V. GOTHIER, SR., JACK R.
LEISURE, RONALD M. KATZMAN,
AND BRADLEY C. LEISURE T/A
VILLAGE ASSOCIATES, a Pennsylvania
general partnership,
Plaintiff
v.
TARA SMYSER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
: CIVIL ACTION - IN EJECTMENT
: No: 14-563 CIVIL
PLAINTIFF'S PETITION FOR RELEASE OF FUNDS
ESCROWED WITH PROTHONOTARY
The Petition of Plaintiff Village Associates represents:
1. The instant action involves an appeal from an eviction proceeding involving a Mobile
Home Park owned by Plaintiff in which the Defendant is a resident, which action is filed to the above term
and number in the Court of Common Pleas of Cumberland County.
2. During the course of the appeal, the Defendant escrowed with the Prothonotary rent due in
the total amount of $1800.00.
3. The Petitioner and Defendant, Tara Smyser, have entered into a Settlement Agreement,
attached hereto as Exhibit "A", which among other terms provides that the monies held in escrow by the
Prothonotary are to be released to the Petitioner.
4. By reason of the aforesaid, in order to carry out the agreed upon settlement, your Petitioner
(00706394;v11
desires to obtain the release of the funds escrowed with the Prothonotary in the amount of $1800.00, with
the check for such funds to be made payable to Village Associates, and the check to be delivered to J. Jay
Cooper, Esq., counsel for Village Associates, so he can make delivery of same to Petitioner.
WHEREFORE, Your Petitioner, Village Associates, requests that the Court enter an Order
directing the Prothonotary to issue a check from escrow in the amount of $1,800.00 payable to
Village Associates, which check is to be delivered to J. Jay Cooper, Esquire for delivery to Village
Associates.
Respectfully submitted,
By:
J. Jay C®'oper, squire
Goldberg Katzman, P.C.
P.O. Box 6991
Harrisburg, PA 17112
(717) 234-4161
I.D. No. 31720
Dated: July 8, 2014
{00706394;v1}
SETTLEMENT AGREEMENT
THS AGREEMENT, made this) day of 3 "-y , 2014, by and
between VILLAGE ASSOCIATES(hereinafter referred to as "Village"), a Pennsylvania general
partnership, of Wormleysburg, Cumberland County, Pennsylvania, and TARA SMYSER, an adult
woman(hereinafter referred to as "Smyser"), of 420 Wren Court, Hampden Township,
Cumberland County, Pennsylvania.
WITNESSETH:
WHEREAS, Village has obtained a judgment for possession in an ejectment action
brought against Smyser to No. 14-563 in the Court of Common Pleas, of Cumberland County ,
Pennsylvania, and has obtained a Writ of Possession for 420 Wren Court, which was served
Smyser on June 6, 2014; and
WHEREAS, the parties have reached a settlement of their dispute which led to the action
being filed and desire to reduce that settlement to writing.
AND NOW, THEREFORE, Village and Smyser, intending to be legally bound, hereby
agree as follows:
1. Smyser agrees at her expense to remove the wooden shed located at 420 Wren
Court on or before July 13, 2014. If Smyser does not do so, Smyser hereby authorizes Village to
come onto the Lot and remove the shed and Smyser will pay Village a shed removal fee of
$100.00.
2. Smyser agrees to pay Village the sum of $485.39 representing costs incurred by
Village in filing and pursuing eviction proceedings against Smyser.
{00000662;v2}
1
3. Smyser agrees to pay Village the sum of $100.19 for unpaid water bills for 420
Wren Court.
4. Smyser agrees to pay Village the sum of $710 for unpaid rent for the months of
December 2013, and January 2014, of $355.00 per month.
5. The total payments of $1295.58 to be made by Smyser as set forth in paragraphs 2
through 4 above will be paid as follows: $400 upon execution of this Agreement and the balance of
$895.58 will be paid in 6 equal consecutive monthly installments of $150.00 starting on August 1,
2014. Payments will be made to the same place as Smyser's monthly rental payments are to be
made.
6. Smyser agrees to the release to Village of rent monies she escrowed with the
Prothonotary of Cumberland County pursuant to her appeal filed to No. 14-563, which as the date
hereof total $1800.00. Smyser authorizes Village to represent to the Court in a Petition for
Release of the escrowed funds that Smyser has consented to such release, and if necessary,
Smsyer hereby authorizes a copy of the Agreement to be attached to said Petition. Payments will
be considered late and smyser will be in default under this Agreement if payment is not received
by the. st of the month in which they are due.
7. Smyser will timely pay July's lot rent of $360.00 to Village.
8. Upon Smyser's execution of this Settlement Agreement, Village will cause the
Writ of Possession to be stayed. Upon Smyser's completion of all obligations set forth in this
Agreement, to include full payment of all monies due hereunder, Village will discontinue or
withdraw the Writ of Possession. Should Smyser fail to timely complete her obligations hereunder,
2
{00000662;v2}
Village shall have the right without further notice to reinstate the Writ of Possession and to
proceed to enforce said Writ.
9. Upon Smyser fully completing all of her obligations hereunder, Village will mark
the judgment for possession to action No. 14-563 as settled and satisfied.
10. Smyser agrees that should she violate her Lease and or the Rules and Regulations
of Hampden Village in the future she will be subject to possible eviction in accordance with the
Lease, Rules of the Park and Mobile Home Park Rights Act. Smyser agrees that she will use her
best efforts to hereafter comply with her Lease and the Park Rules and Regulations.
11. The parties hereby agree that Smyser's Lease subject to the terms of this
Agreement shall be considered reinstated. Smyser agrees to execute any Lease Addendum or new
Lease that Village reasonably believes needs to be executed to properly document Smyser's
current lease arrangement.
12. This Agreement constitutes the entire agreement of the parties with respect to this
matter and no modification of this Agreement or any provisions of the Agreement can be waived
except by a writing signed by both parties hereto.
13. This Agreement will be binding upon the parties hereto and their respective
successors and permitted assign.
WITNESS:
Witness: Village Associates
C\Er� j n
Ul
will 5e Cap c).F /l
/
J
{00000662;v2}
3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the
person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, with first-class
postage, prepaid as follows:
Tara Smyser
420 Wren Court
Mechanicsburg, PA 17050
By:
Date: July 8, 2014
{00706394;v1}
GOLDBERG KATZMAN, P.C.
J. Jay Cooper, Esquire
ID #31720
P.O. Box 6991
Harrisburg, PA 17112
(717) 234-4161
Attorney for Plaintiff
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFFICE, Of WE f V4#RIFF
_9 r
CUM13ERLAO COUN i-' .
PENNSYLVANIA
Village Associates
vs. Case Number
Tara Renae Smyser 2014-563
SHERIFF'S RETURN OF SERVICE
06/06/2014 03:37 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Writ of
Possession by "personally" handing a true and attested copy to a person representing themselves to be
the Defendant, to wit: Tara Renae Smyser at 420 Wren Court, Hampden Township, Mechanicsburg, PA
17050, Cumberland County, informed Defendant of contents of same and verbally advised her that she
had 20 days to remove the mobile home from the lot.
07/08/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned STAYED, per request from plaintiff's attorney.
SHERIFF COST: $42.88 SO ANSWERS,
July 08, 2014 RONNY R ANDERSON, SHERIFF
c)-2/ Y44'
R4 3 ot27i
(c) CountySuite Sheriff, Teleosoft, Inc.
CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND
Check Date: 07/10/2014
Case No. Defendant
* 2334 *
Descriptions Amt Released Receipt
14-00563 VILLAGE ASSOCIATES RENT 360.00 301205
14-00563 VILLAGE ASSOCIATES RENT 360.00 302457
14-00563 VILLAGE ASSOCIATES RENT 360.00 303884
14-00563 VILLAGE ASSOCIATES RENT 360.00 305394
14-00563 VILLAGE ASSOCIATES RENT 360.00 306631
Check Amount:
INF CC7N'aRPCSR9TION[L1558HB) 4681375
David D. Buell
CUMBERLAND COUNTY PROTHONOTARY OFFICE
GENERAL FUND
l COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17013
CHECK DATE
ORRSTOWN BANK
SHIPPENSBURG, PA
60-1503/313
CHECK NUMBER PAY THIS AMOUNT
07/10/2014 2334
$1,800.00
One Thousand Eight Hundred And 00/100 Dollars
TO THE ORDER OF
VILLAGE ASSOCIATES
431 WREN COURT
MECHANICSBURG, PA 17055
1_9 - 6 63 AUTHORIZED SIGNATURE
11'002331-,0 1:03L3LSO361: 108 LLLL7L"
15450407102014
PYS380
Payee Name
VILLAGE ASSOCIATES
Cumberland County Prothonotary's Office Page: 1
Check Register
Costs & Fees Tran Receipt Case Trans Check Check Check
- Rel Date Desc No No Amount Date No Amount
RENT
2/04/2014 PYMT/CASH
3/04/2014 PYMT/CASH
4/03/2014 PYMT/CASH
5/05/2014 PYMT/CASH
5/30/2014 PYMT/CASH
End of Listing
301205 14-00563
302457 14-00563
303884 14-00563
305394 14-00563
306631 14-00563
360.00
360.00
360.00
360.00
360.00
07/10/2014 2334 1,800.00
Total Amount Released 1,800.00
**
J. Jay Cooper, Esquire
4250 Cruors Mill Road, Suite 301, P. O. Box 6991
Harrisburg, PA 17112
(717) 234-4161
Pa. ID No. 31720
Attorney for Plaintiff
Fll
LF THE i}r V ! l iO'CO FAR z
JUL 10 AM 14: 2 1
CUMBERLAND COUNTY
PENNSYLVANIA
ROBERT V. GOTHIER, SR., JACK R.
LEISURE, RONALD M. KATZMAN,
AND BRADLEY C. LEISURE T/A
VILLAGE ASSOCIATES, a Pennsylvania
general partnership,
Plaintiff
v.
TARA SMYSER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
: CIVIL ACTION - IN EJECTMENT
: No: 14-563 CIVIL
ORDER
'ON
AND NOW, this It day of .SJ`1
, 2014, upon consideration of the Petition
of Village Associates for Release of Funds Escrowed with Prothonotary, it is hereby ORDERED that the
Prothonotary of Cumberland County shall distribute $1,800.00 of the funds held in escrow in the above
captioned case as follows:
$1,800.00 payable to Village Associates, said check to be delivered to J. Jay Cooper, Esq., who in
turn is to deliver said funds to Village Associates.
BY THE COURT
J.
lf,Jay Cooper, Esq., Goldberg Katzman, P.C. , PO Box 691, Harrisburg, PA 17112,
,/ara Smyser, 420 Wren Court, Mechanicsburg, PA 17050
{00706395;v1} 4