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HomeMy WebLinkAbout05-1493COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (09- 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 District Justice on the date and in the case referenced below. Cz-1,' 112f1--3 -a y vi y /7DS0 G T- 670'-4 0c7 76 - Dvr -? . ? 141 . (tits blocK will be Signed ONLY when this notation is required under Ila. It appellant was aatmanr (see Pa. H.U.P.U.J. No. 7UU7(b) in actron R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. SignWure or Fl h.wMn, a 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon / /0/%"z ,,4 ?k appellee(s), to file a complaint in this appeal Name of appe@ee(s) (Common Pleas No. 0 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Z Sign of.attorney w agent RULE: 10W1,' A')ilek, appellees) 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: /tq2c._4-).(._ , 206'- ?n,?y fJiY C? J410-P0. Sig ature of prothYOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER firing of the notice of apporu Check appltcabte boxes.} COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: 1 hereby (swear) (affirm) that t served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date= of service) '20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee. (names , an , 20 ? by personal service ? by (certified) (registered) mail, senders receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ DAY OF _... ., 20 sel'ahvo reaf6anl signature of official before whonr olffdbvlt was roads Title of of ceif My commission expires an 20 no ' rt ?' rl I , t r-t ? ACPG 312A - 02 HODGES MOBILE HOME PARK, Plaintiff V. ANTHONY KALBARCZYK, Defendant IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW CIVIL TERM - 05 - /-'/ 3 l_/cx L PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Anthony Kalbarczyk, Defendant, to proceed in forma ap uperis. I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MIDPENN LEGAL SERVICES BY: Geoffrey M. Biringer, Attorney for Defendant 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Supreme Court ID# 18040 r-+ ` } , ?? r '.'. ?,, 03;21/2005 14:01 7177376779 COMMONWEALTH OF PENNSYLVANIA nn, .. m. nc. t'7MNZ2LA= DISTRICT COURT 09304 PAUL r?< 09-3-04 MD.I NMne: Hon. THOMAS A. PLACEY A0618M 104 S SPORTING HILL AD KRaUNICSSDRG, PA TeiepWc (717) 761-8230 17050 ANTHONY M. KALDA4CZYK 82 LIND11 DRIVE LOT 041 ILZCHANICt38t7R0, PA 17050 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF. NAME end ADORES$ -1 rRODGEN NOHILZ NOUN PARZ 82 LINDA DA LAWZZMCE D. HODGZS LzCHANICSBDRG, PA 17050 J VS. DEFENDANT:- NAME WO ADORESS l"KnBARCZYK, ANTHONY M 82 LINDA DRIVE' LOT 041 LYECHANICSSURG, PA 17050 Docket No.: LT-0000076-05 I Date Filed: 2/15/05 Aft THIS IS TO NOTIFY YOU THAT: eYaTrrr?? Judgment:' FOR ® Judgment was entered for: (Name) ZODGNS NORILZ HONZ PARK Judgment was entered against KALHARCZYZ ANTHONY N In a ?Z Landlord/tenant action in the amount of $ 1 700.17 on 2/22/05 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ _ MAW The total amount of the Security Deposit is $ .00 Rent in Arrears Physical Damages Leasehold Property Damages/Unjust Detention Attachment Prohibited/ 42 Pa.C.S. § 8127 El This case dismissed without prejudice. ? Possession granted. EstablishedbiMDJ Less Security Deposit Applied --$ AdjudicatedY2?2AyuU0D $ .U000 _ 1 66.67 .00- 279_67"' - _00 279.67 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ 100.00 UT Judgment Amount $ 1, 604.67 1 Judgment Costs $ 95.5Il Attorney Fees $ - -no Total Judgment $ 1,700.17 ® Possession granted if money judgment Possession not granted. Defendants are jointly and severally liable IN AN ACTION INVOLVING ARESIDENTIAL 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 COURTS OF THE COURT Of COMMON PLEAS, CIVIL DIVISION. 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. IF A PARTY WISHES TO APPEAL ONLY 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 PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITHANSCRIPT 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. A72-1 66 Date ZJ z_';r1 , Magisterial District Judge Post Judgment Credits $ Post Judgment Costs $ Cenlf led Judgment Total $ 2-t ?Q!s Date Magisterial District ommission expires first Monday of Janua O10. SEAL M c :lf S.A.OF A() 1. M PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of at COMMONWEALTH OF? PPE?N?NSYYLVAN?,IIA COUNTY OF eo4e-ti?l+-tom` ss AFFIDAVIT: 1 hereby (swear) (affirm) that i served e7 =lY?,3 a Copy of the Notice of Appeal. Common Pleas No, , upon the D,Mrict {date of service) .9l/aZ/ , 20 Q,}' . 0 by personal service L4' sender's receipt attached hereto, and upon the appeffee, (narrte)'/V 20 P.S Ej by persona! service R by t sunder s ?oceipt attached hereto (SWOR FFIRMED) AN UBSCRIBED BEFORk biE Tfli ? DAY QF 4{!bt{?„ . 20 5... C Qar':;le Barn, ^ U?;?aqa county lion k?Uil(4 2005 My commission expires on . 20 Q?; N Cr ?I Y-a ? mI N Tr `: .c- O stice desior sted therein on (certified] i mai7. ?. /. ??Crft rfied1 AOPC 312AC12 ?-. [:UMMUNVVtALIM Ur' YtNN,7 LVI COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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 District Justice on the date and in the case referenced below. NAME OF APPELLANT MAD DIST. NO. I NAME OF D J ADOkESS 11 APPELL NT CITY STATE ZIP CODE q , i rThis 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. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. sgnafum 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon : r.:. appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of ap Ilant or altomey or agent RULE: To ,FTrl?t"_,? ' .,.i`<..,• ,_>>_;r• -~f'},,_ 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 ;esd 20 slgnalure orPmfhonorarpofDapary YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE ¦ Complete items 1, 2, and 3. Also complete A. Sig ?tur item 41f Restricted Delivery is desired. ??! Agent ¦ Print your name and address on the reverse X l ? Addle so that we can return the card to you. B. Received by( Printe ame) C. Data of Del ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 82. Lander- ?nvf ,"reH. P? i7t'S« D. Is delivery god" different from ile 1 0 Yes if ;Er4?e eery address belov* XNo 3. S c4 C d@?Maic, xpress Mail 0 Registered etum Recet for Merck _0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (r1nsferrromsen 7001 1140 0003 2512 1123 Domestic Return Receipt irst-Class Mall_ ` UNITED STATES POSTAL SERVICE '11111 Postage & Fees Paid .LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box I1 1 ?'{;{}li ?riE t GO ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: _% NCU/)) r)? p( ?Cf r tJ? ?s770,L /L' ?/ S .Sjacv jyn?. ?lE?t? pA ?7D? j r / 0 A X Adc B. el by Name) C. D to of 'E / C A I D. Is delivery a di e 1 If YES, enter delivery rTr? s belo AA C 011 2/1 a 3. Service Type 0 Certified Mail 0 Express F7 Registered 13 Return F ',Insured Mall 0 C.O.D. ` 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7001 1140 0003 2512 1130 (Transfer hom sc. _.__ __ - PS Form 3811, February 2004 Domestic Return Receipt UNITED STATES POSTAL SERVICE I First-Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, acidr, s: , and ZIP+4 in this box Ate', CYfrf_l_ LAWRENCE D. HODGES T/D/B/A HODGES MOBILE HOME PARK, Plaintiff VS. ANTHONY M. KALBARCZYK, Defendant : IN THE COURT OF COMMON LEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. OS"- N93 l rc? I '? 1 CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend ac claims set forth in the following pages, you must take act: twenty (20) days after this complaint and notice are s entering a written appearance personally or by attorney and writing with the court your defenses or objections to the c forth against you. You are warned that if you fail to do sc may proceed without you and a judgment may be entered agair the court without further notice for any money claimed in the or for any other claim or relief requested by the plaintiff lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.. IF 7 HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH B: OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 N 0 T I C I A USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defender: demandas que se presentan mas adelante en las siguientes pagin tomar accion dentro de los proximos veinte (20) dial despu notificacion de esta Demanda y Aviso radicando perspnalmen medio de un abogado una comparecencia escrita y radicando en por escrito sus defensas de, y objecciones a, las demandas pr aqui en contra suya. Se le advierte de que si Listed falla accion como se describe anteriormente, el caso puede pr©ceder y un fallo por cualquier suma de dinero reclamada ep la c cualquier otra reclamacion o remedio solicitado por el demanda ser dictado en contra suya por la Corte sin mas aviso adiciona puede perder dinero o propiedad u otros derechos importar usted. ainst the on within rved, by filing in laims set the case st you by complaint You may DO NOT . THIS ABLE TO R LEGAL e de las is, debte ?s de la e o por la Corte ?sentadas de tomar ;in usted ?manaa o to puede . Usted .es para USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. E: PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOG, SI USTED OFICINA SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES P SIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENGIAS QU OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE.CUALIF CAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 hodges\complaint LAWRENCE D. HODGES T/D/B/A HODGES MOBILE HOME PARK, Plaintiff VS. ANTHONY M. KALBARCZYK, Defendant : IN THE COURT OF COMMON : CUMBERLAND COUNTY, PEN NO. : CIVIL ACTION - LAW COMPLAINT 1. Plaintiff is Lawrence D. Hodges, an adult indiv resides at 25 Longview Drive, Mechanicsburg, PA 17050. EAS OF LVANIA who 2. Defendant is Anthony M. Kalbarczyk, an adult indi idual who resides at 82 Linda Drive, Lot 41, Mechanicsburg, PA 17050. 3. Plaintiff is the owner of a mobile home park at1 82 Linda Drive, Silver Spring Township, Cumberland County, Pennsylvan 4. Plaintiff's business is the leasing of land to peksons who place thereon their mobile home and live therein. 5. On or about September 1, 2004, Plaintiff and Defendant entered into a contract for the lease of Lot 41 for a term of1month to month, at a monthly rental of $285.00 plus the water chargel incurred by Defendant. 6. Defendant tendered a written and signed rental appli ation, a copy of which is attached hereto as Exhibit "A". 7. Plaintiff furnished a lease agreement to Defenda t which stated the terms as above set forth, and which Plaintiff signed and delivered to Defendant, so Defendant could review same and eturn it to Plaintiff. A copy of a blank lease agreement is attached gereto as Exhibit "B", the same being a true and correct copy of the blank form (without any filled-in information). 8. Defendant never return a signed lease contract to Plaintiff although Defendant did pay to Plaintiff, on or about Sep ember 12, 2004, the first month's rent of $285.00. Defendant di however, return to Plaintiff an unsigned copy of said contract, with the explanation to Plaintiff that he misplaced it. 9. On or about September 1, 2004, Defendant moved Tonto said leased premises and has remained there continuously since, u til March 21, 2005, when he removed therefrom. 10. Defendant has failed to pay the aforesaid, $285.80 monthly rental for December 2004 through March 2005, and $270.Op of the November 2004 rent, for a delinquency of $1,410.00. 11. Additionally, Plaintiff charges $20.00 per month f r a large dog residing with a tenant, which charge Defendant' has f iled and refused to pay from October 2004 through March 2005, for a total delinquency of $120.00. Defendant wasn't charged ther for for September 2004. 12. Additionally, Defendant was obligated for water ch?rges for the period from October 2004 through March 2005. The tota charges for this period being $299.91 plus that which accrues and will be billed in April 2005 for that part of March 2005 when which Defendant occupied the lot. 13. Additionally, Plaintiff charges for a late foe of $ 5.00 per month for each rental payment five or more days late.' As h retofore pleaded, Defendant owes such charges for five months, or $125. )0. 14. Even though Defendant didn't return to Plaintiff a signed lease agreement, by his knowledge of the aforesaid terms land his entering into residence on the lot, and the payment of the month's rent (and part of the third month), he did in fact to all of the terms as aforesaid and bound himself acco WHEREFORE, Plaintiff demands judgment against Defen sum of $1,959.19, plus the water charges accruing in Mai included in Paragraph 12 herein, plus interest and court added. first two acquiesce Y• t in the 2005 not sts to be YOFFE & Y06E, P.C. f NORMAN M. YOFFE, ESQUIRE Attorney for Plaintiff 219 Senate Avenue] Suite Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 203 hodges\complaint LAWRENCE D. HODGES T/D/B/A : IN THE COURT OF COMMON LEAS OF HODGES MOBILE HOME PARK, : CUMBERLAND COUNTY, PENN YLVANIA Plaintiff VS. ANTHONY M. KALBARCZYK, Defendant NO. CIVIL ACTION - LAW VERIFICATION I hereby state that I am an adult individual Who is uthorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, informa ion, and belief. I understand that false statements herein arel made ubject to the penalties of 18 Pa. C.S. 54904 relating to unsworn',falsif cation to authorities. Dated: /%? LAWRENCE D. HODGES ', RENTAL APPLICATION FOR MOdILS BOMB PURL LBASB DATE f3'tro L NAME AN)+$Ny y;? en Ko. t hoc r e 2,(? BWJAL BOCMTY NO. 6-C) - Ll 8 - 8 S" 33 PA. DHIVMS LIcgTSB N40.. ?k 1Zoo g 4 I AutheN, Nn KA.1 b o rc;gvK hereby apply to lease lot L1,,, 7C;a located at? Irif?Q ?1'tu2 MFCtwl/CSV4yy A a. of at the rent of S, par the The am of S deposited herewith on the nude staadi that it will be returned to me if this application is mt a if this application shall be smog x agree t the money deposited shall be credited toward the 6eeurity De it that I will enter into a lease agreement as your standard form. d this application be cancelled by applicant for an ream , the Aeposit is am-refundable and antamatically forfeit 1. Age of Applicant: 3(p Bea: M Marital Status: s. Names and relationship of otbar occupants of the'mobil* b"w: 3. Do you have a pet? N.'!> Kind: "ia indoor? -% outdoor? !. Mobile Home Make: Rdffir 1 site: Year: $ Registration Not S. No of vehicles: t • vau'L/ Ma):e FbwA Convert, ou Year 43 Come- Make, Yeer Licemse_ 6. Present where I have lived for years am Thiel I paid t of S? U.o o p*er month. Present landlord or "met to rental payments are merle to; Nei e ? , r ? ` '`b G S ( R,A 1L, T J1z EX OT "A" 7. Address of Previous Residence: ) eN N _YT - 'I A S. My Employer or business is:Dz-- - supervisor'a mime i address: -- Work phone number jangth"Of Employment position: salary: Previous Hnploysr:SJ56ttCVY 0.M Twe- S 9. Spouse's Employer - Supervisor's now i address: -Work phone number ?ength of 1*1ftoyse Previous Enployor: Di:Sti r,' c* C P C?Olvrnh. CMS' /; 10. Nearest relative and their phone number: per year 12. Name of title holder of mobile homer- 12. Mobile hose financing. lien holder and their address nd phone 13. Bank Referesces: (ones, addreee, phone nv bor?, acct- number) 1. c'C?' i-e cC,S T. mF?rS ? i vn ' It. Credit References: (name, address, phone numbek, acct, number) 15. Some telephone number: J iu -`LN the informati provi8 s I hereby state sea represent that I in thin application is complete and accurate. and acMavl a and agree that in the event I enter into a lease. t t lase 1>sayybme cancelled by landlord in the event any of the a a Inc Lion provided by me is materially inaccurate or iscomp ate. Applicant's Signature 11 ?%HBIT K HODGES MOBILE HOME PARK PH.: 697-0078 This LEASE AGREEMENT, made this day of BETWEEN L.. D. Hodges and Betty L. Hodges of 25 Longview Dr. in the County of berland, the Town of Mechanicsburg and the State of Pennsylvania as owners of Hodges Mobile Home Park located at 82 Linda Drive, Silver Spring Township, Mechanicsburg, Pa. 17050 herein designated as the LESS R, and herein designated as the LESSEE: WITNESSETH that, the LESSOR does hereby lease to the LESSEE and the LESSEE d es hereby rent from the LESSOR, the following premises: LOT# Situated at 82 Linda Drive, Hodges Mobile Home Park, Silver Spring Township, Cumberland County, Pennsylvania, for a term of 30 ys, Commencing on to be used and occupied only for residemiat purposes and for no other purpose. UPON THE FOLLOWING CONDITIONS AND COVENANTS: 1. The LESSEE covenants and agrees to pay to the LESSOR, as rent for and during term hereof as follows:. Monthly basic lot payment: Monthly Fee for Animal(s): TOTAL MONTHLY CHARGE; A. The Mobile Home shall be occupied by a maximum of4 persons. No imultiple allowed. LESSEE must provide LESSOR with the names of all tenants, including c residing in his/her home. LESSOR must be notified in writing and must approve any c es im t occupancy. B. LESSEE is to provide their own oil tank (if needed) and oil burner ' with contact with their oil company. C. LESSEE is responsible for all damage done by pets. LESSOR has thel right to b LESSEE for any damage done by pets. 2. The LESSEE shall take good care of the premises and upon vacating, either at the a iration of the tern Or for other reasons, shall deliver the rental premises in good order and condition, xcept for normal wear and tear from reasonable use tbereo& and damage by the elements not result' from the neglect or fault of the LESSEE. The LESSEE shall neither encumber nor obstruct the side driveways, or yards, but shall keep and maintain the same in a clean condition, free fromldebris, snow and ice. LESSEE fiuther agrees to maintain the premises so that grass or other ground cov , excluding shrubs, bushes, trees and flowers, shall not be permitted to exceed three inches in height. 3. The LESSEE agrees to and shall save, bold and keep harmless and indemn?y the LE SOR from and for any and all payments, expenses, costs, attorney fees and from and for property or is to persons occasioned wholly or in part by and resulting from any act or omissions by the LES E or the LESSEE'S guests, licensees, invitees or for any cause or reason whatever arising o of or by reason of the occupancy by the LESSEE. 4. The LESSEE may not sublet the premises or any portion or part thereof without the en permission of the LESSOR. 5. If the LESSEE shall fail to comply with any conditions and covenants hereof the LE SOR may perform such conditions and covenants at the cost and expense of the LESSEE, and the said st and expense shall be added to the next installment of rent and shall be payable as such Page I of 3 Pages 6. 8. 9. 10. 11. 12. 13 The LESSEE agrees that the LESSOR and the LESSOR'S agents, employees, or other i shall have the right to enter into and upon the said premises consisting of the lot which i this lease, or any part thereof, at all reasonable hours for the purpose of examining the s such repairs or alterations therein as may be necessary for the safety and preservation tl clause shall not be deemed to be a covenant by the LESSOR nor b'e construed to create the part of the LESSOR to make such inspection or repairs. All goods and personal property of any kind in or upon the leased premises shall be the responsibility of the LESSEE, and in no event shall LESSOR be liable for any loss or da goods or property for any reason whatsoever. LESSOR shall not be liable for failure to give possession of the leased property to the L; effective date of this lease. In such event, rental payments and other fees, charges, or as not commence until possession is given to, or is made available to the LESSEN, and the lease shall be extended accordingly. Any equipment, fixtures, goods, or other property of the LESSEE not removed by the L quitting, vacating, or abandonment of the premises by the LESSEE, or upon t LESSE eviction, shall be considered as abandoned and the LESSOR shall have the right, withou the LESSEE, to sell or otherwise dispose of the same at the expense of the LESSEE anc accountable to the LESSEE for any part of the proceeds of such sale, if any. The LESSOR shall not be liable for any damage or injury which may be sustained by the any other person as a consequence of the failure, breakage, leakage, or obstruction of th waste or soil pipes, or the electrical, gas, or oil system; or by reason of the elements; or r the carelessness, negligence, or improper conduct on the part of any other LESSEE or tl the LESSOR'S of this or any other LESSEE'S agents, guests, licensees, invitces' subles or successors, or attributable to any interference with, interruption of, or fail beyond the LESSOR, of any services to be fiunished or supplied by the LESSOR The various rights and remedies of the LESSOR expressed herein are cumulat' e, and th LESSOR, to enforce any such right or remedy at any time against the LESSEE shall not waiver thereof. LESSEE hereby waives the Notice to Quit requirements of the Pennsylvania Landlord ar of 1951 as amended 68 P.S. 250.101 e_ttse ., which provides for fifteen (15), thirty (30), day notice to quit in certain circumstances. In lieu thereof; LESSOR shall be required to notice only in accordance with the Mobile Home Park Rights Act. 68 P.S. 398. 1 egse . The said LESSEE hereby confesses judgment in favor of the said LESSOR for the whok rent at any time remaining unpaid, and any other charges incurred hereunder, whether ttx have been due or not, waiving stay of execution, inquisition, and all exemption laws now which may hereafter be passed, and authorizes the adding of a five percent (5°/) attorney for collection; and further does hereby, upon the breach of any of the condition of this k non-payment of rent or violation of rules and regulations, if any, authorize any ttorney o record to appear for him/her and enter an amicable action of ejectment and co essajudl ejectment therein for the premises herein described and does authorize the ' fate isst possession and execution for costs without asking leave of the court. A photo py of thi used for confession of judgment for unpaid rent, or for confession of judgment in ejeetme remedies shall be cumulative, and not alternative, and may be re-exercised as n essary. The LESSEE shall conform to all rules and regulations made by the LESSOR r the use government and management of this mobile home park to protect the entire pr miles of t and to further the general comfort and welfare of all of the occupants, which es and rel any changes thereto hereafter adopted, are attached hereto and incorporated he ein by ref made a part hereof, and are covenants and conditions of this lease, the same as if fully set LESSOR shall furnish LESSEE with notice of all changes in said rules and regulations. I acknowledges receipt of a copy of such regulations concurrent with execution of this leas Page 2 of 3 Pages the subject of me or making roof. This n obligation on sage to said ;SSEE upon the essments shall erm of the "-SSEE upon i'S any notice to shall not be .ESSLh or water, sewer, salting from LESSOR or ms, assignees, he control of failure of the Tenant Act id ninety (90) ive LESSEE amount of the same shall n force or s commission rse, including 'any court of ment of ng ofa writ of ; lease may be it. Such LESSOR ations, and :rice and rth herein. pl T11 14. Attached hereto and made a part hereof is a copy of a NOTICE required by Pennsyl Act 261 of 1976. If any conflict exists between provisions of Act 261 or the Notice and provisio of this lease, the Act and Notice control. LESSEE acknowledges receipt of a copy of the Notice co urrent with the execution of this lease. 15. If LESSEE continues in possession of said premises after expiration of said te* such lding over may be deemed a renewal of this lease agreement on a month-to-month basis and subject to conditions and covenants herein contained, except that the LESSOR reserves the right to increase a rent upon 30 days advance notice thereof. Successive renewals shall occur on the same basis, absent 0 DAYS PRIOR WRITTEN NOTICE by either party. 16. The Lease, and the aforesaid rules and regulations, constitute the entire agree nt betw n the parties and same is not subject to any oral modification. Further, this agreement shall be legally binding upon the parties hereto, and their respective heirs, successors, and assigns. If any' ormation provided by the LESSEE, whether by way of background, financial or otherwise, which has - uced the ESSOR to enter into this lease is found by the LESSOR to be false, the lease shall, at the ption of he LESSOR and upon notice to the LESSEE, be null and void and the LESSEE shall be co idered trespasser. 17. The LESSEE shall read all rules and regulations and sign two copies along wi h the sig ture ofthe LESSOR. The signed copies of the rules and regulations shall hereby become apart of 's rental contract. IN WITNESS WHEREOF, the parties, or their authorized representatives, have h?reunto sett their hands and seals the date and year fast above written. Contract Document Intended to be legally bound. LESSEE Security Deposit Received: HODGES MOBILE LESSOR Date: Amount: Check Rent Received: Date: Amount: Check Page 3 of 3 Pages E 1xz 1°ry ?+ a IMPORTANT NOTICE REQUIRED BY LAW THE RULES SET FORTH BELOW GOVERN THE TERMS OF YOUR LEASE OR OCCUPANCY AGREEMENT WITH THIS MOBILE HOME PARK. THE LAW REQUIRES ALL OF THESE RU ES TO BE FAIR AND REASONABLE. YOU MAY CONTINUE TO STAY IN THIS PARK AS LONG AS YOU PAY YOU RENT A D OTHER REASONABLE FEES, SERVICE CHARGES AND ASSESSMENTS HEREINAFT R SET FORTH AND ABIDE BY THE RULES OF THE PARK. ENTRANCE AND EXIT FEES MAY OT BE HARGED. INSTALLATION AND REMOVAL FEES MAY NOT BE CHARGED IN EXCESS OF THE AC AL COST TO THE MOBILE HOME PARK OWNER OR OPERATOR FOR PROVIDING SUC SERVIC FOR THE INSTALLATION OR REMOVAL OF A MOBILE HOME SPACE. YOU MAY BE EVICTED FOR ANY OF THE FOLLOWING REASONS: (1) NONPAYMENT OF RENT. (2) A SECOND OR SUBSEQUENT VIOLATION OF THE RULES OF THE OBILE H ME PARK OCCURRING WITHIN A SIX-MONTH PERIOD. (3) IF THERE IS A CHANGE IN USE OF THE PARK LAND OR PARTS (4) TERMINATION OF MOBILE HOME PARK. YOU SHALL ONLY BE EVICTED IN ACCORDANCE WITH THE FOLLOWING (1) ARESIDENT SHA I oT.9E E\(ICTF&HYANY SELF-HELP MEASU E. (2) PRIOR TO THE COMMENCEMENT OF ANY EVICTION PROCEEDING, THE MOBILE HOME PARK OWNER SHALL NOTIFY YOU IN WRITING OF THE PARTIC LAR BREACH OR VIOLATION OF THE LEASE OR PARK RULES BY CERTIFIED OR REGI TERED IL. (I) IN THE CASE OF NONPAYMENT OF RENT, THE NOTICE SH LL STATE THAT AN ' EVICTION PROCEEDING MAY BE COMMENCED IF THE MOBI E HOME RESIDENT DOES NOT PAY THE OVERDUE RENT WITHIN 20 DAYS FROM TH DATE O SERVICE IF THE NOTICES IS GIVEN ON OR AFTER APRIL 'I AND BEFORE SEPTEM ER 1, AND 30 DAYS IF GIVEN ON OR AFTER SEPTEMBER 1 AND BEFO RE APRI 1 OR AN ADDITIONAL NONPAYMENT OF RENT OCCURRING WITHIN S MON S OF THE GIVING OF THE NOTICE MAY RESULT IN IMMEDIATE EVICTION PROCE DINGS. (ii) IN THE CASE OF A BREACH OF THE LEASE OR VIOLATION O THE PA RULES, OTHER THAN NONPAYMENT OF RENT, THE NOTICE SHA L DESC ISE THE PARTICULAR BREACH OR VIOLATION. NO EVICTION CTION ALL BE COMMENCED UNLESS YOU HAVE BEEN NOTIFIED AS REQUIRE BY THI SECTION, AND UPON A SECOND OR SUBSEQUENT VIOLATION OR B EACH 0 CURRING WITHIN SIX MONTHS, THE MOBILE HOME PARK OWNER MAY C MMENC EVICTION PROCEEDINGS AT ANY TIME WITHIN 60 DAYS OF THE ST VIO TION OR BREACH. YOU SHALL NOT BE EVICTED WHEN THERE IS PROOF THAT THE RULES YOU ARE AC USED OF VIOLATING ARE NOT ENFORCED WITH RESPECT TO THE OTHER MOBILE HOME REST ENTS OR NONRESIDENTS ON THE PARK PREMISES. I IN ADDITION, NO EVICTION PROCEEDING FOR NONPAYMENT OF RENT MA Y BE CO IAENCED AGAINST YOU UNTIL YOU HAVE RECEIVED NOTICE BY CERTIFIED OR REGIST ERED I L OF THE NONPAYMENT AND HAVE BEEN GIVEN TO PAY THE OVERDUE RENT 20 DAYS FROM TH DATE OF SERVICE IF THE NOTICE IS GIVEN ON OR AFTER APRIL 1 AND BEFORE SE TEMBE 1, AND 30, DAYS IF GIVEN ON OR AFTER SEPTEMBER 1 AND BEFORE APRIL 1. H R, NLY ONE NOTICE OF OVERDUE RENT IS REQUIRED TO BE SENT TO YOU DURING ANY N E PERIOD. IF A SECOND OR ADDITIONAL VIOLATION OCCURS WITHIN SIX MONTHS FR DA E OF THE FIRST NOTICE THEN EVICTION PROCEEDINGS MAY BE IMMEDU1TElY STA GAI ED ST YOU. YOU AREENTITLED TO PURCHASE GOODS OR SERVICES FROM A SELLER OI? YOUR Ct DICE AND THE PARK OWNER SHALL NOT RESTRICT YOUR RIGHT TO DO SO. IF YOU DESIRE TO SELL YOUR MOBILE HOME, THE MOBILE HOME PA OWNER MAY NOT PREVENT THE SALE AND MAY NOT CLAIM ANY FEE IN CONNECTION THER UNL S THERE EXISTS A SEPARATE WRITTEN AGREEMENT. HOWEVER, THE MOBILE I M PARK O ER MAY RESERVE THE RIGHT TO APPROVE THE PURCHASER AS A RESIDENT IN THE OBILE H ME PARK. ENFORCEMENT OF THE MOBILE HOME PARK RIGHTS ACT IS BY THE ATTORN GENE LOFTHE COMMENWEALTH OF PENNSYLVANIA OR THE DISTRICT ATTORNEY OF TH COUNTY IN WHICH THE MOBILE HOME PARK IS LOCATED. YOU MAY ALSO BRING A PRIVATE C USE OF TION. IF YOUR RIGHTS ARE VIOLATED YOU MAY CONTACT THE STATE BUR U OF C NSUMER PROTECTION OR YOUR LOCAL DISTRICT ATTORNEY. 1976, Nov P.L. 1176, No 261, § 4 C I BIT C'A. ?_i i C_ 'n : -? ? !A ? G1 ,. ?. s C") - ? G: LAWRENCE D. HODGES T/D/B/A : IN THE COURT OF COMMON PLEAS HODGES MOBILE HOME PARK Plaintiff vs. :CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY M. KALBARCZYK, : CIVIL ACTION - LAW Defendant :No. 05-1493 CIVIL TERM ANSWER, NEW MATTER, AND COUNTERCLAIMS To LAWRENCE D. HODGES T/D/B/A HODGES MOBILE HOME PARK You are hereby notified to file a written response to the enclosed Answer, New Matter, and Counterclaims within twenty (20) days from service hereof or a judgment may be entered against you. MIDPENN LEGAL SERVICES By: Geoffrey M. Biringer, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 P LAWRENCE D. HODGES T/D/B/A : IN THE COURT OF COMMON PLEAS HODGES MOBILE HOME PARK Plaintiff VS. :CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY M. KALBARCZYK, : CIVIL ACTION - LAW Defendant :No. 05-1493 CIVIL TERM ANSWER, NEW MATTER, AND COUNTERCLAIMS The Defendant, by his attorneys MidPenn Legal Services and Geoffrey M. Biringer, hereby sets forth as follows: ANSWER 1. Admitted. 2. Denied. Defendant resides at 217 Birch Lane, Carlisle, PA 17013 3. Admitted. 4. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment, and demands strict proof thereof at trial. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part. It is denied that Defendant moved out on March 21, 2005. Defendant moved out on March 16, 2005. 10. Denied. As more fully set out in New Matter and Counterclaims below, Defendant does not owe the rent as alleged due. 11. Admitted in part. Defendant admits that he owes $10.00 per month for his dog, not $20.00 per month. 11 Denied. As more fully set out in New Matter and Counterclaims below, Defendant does not owe the water charges as alleged. 13. Denied. Said late fee is not provided for in the lease and, further, is of a sum that amounts to a penalty rather than a legitimate charge for the processing of a late payment. 14. Admitted in part. It is denied that Defendant agreed to those terms (late fee, dog charge, confession of judgment) that are set out more fully in New Matter and Counterclaims below. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed and judgment entered for Defendant. NEW MATTER 15. Defendant incorporates Paragraphs 1-14 herein by reference hereto. 16. The water that Plaintiff supplied to Defendant for his use as drinking water and for general use, smelled like sewage and tasted like a combination of sulphur and other unidentified bad odors, from the beginning of the lease until Defendant's vacation date. 17. Defendant notified Plaintiff on numerous occasions throughout the tenancy of the problem with the potability of the water and its foul smell. 18. Despite said notices, Plaintiff took no action to correct the problem. 19. As a result of the condition of the water, Defendant became ill on several occasions, suffering from nausea and vomiting. 20, Additionally, Defendant's lot was right next to the septic system for the park, said septic system issuing foul odors, so as to cause the Defendant discomfort. 21. Plaintiff was notified of the defective septic system by the Defendant, but took no action to alleviate the odor. COUNTERCLAIMS IMPLIED WARRANTY OF HABITABILITY 22, Paragraphs 1-21 are incorporated herein by reference hereto. 23. By failing to correct the potability and general use of the water supplied to the Defendant, and in failing to take measures to correct the noxious smell of the septic system, Plaintiff breached the implied warranty of habitability as to the Defendant. 22 Said breach was continuous from the inception of the lease until the Defendant `s vacation date. 22. The failure to repair reduced the value of the lot for the Defendant to One Hundred Dollars ($100) per month. 23. As a result, Defendant overpaid rent for September, October, and November in the total amount of Five Hundred Fifty-Five Dollars ($555.00), and is entitled to an offset of One Hundred Eighty-Five Dollars ($185.00) per month against any rent that is found due for the remaining months of his tenancy. WHEREFORE, Defendant demands judgment against the Plaintiff in the amount of Five Hundred Fifty-Five Dollars ($555), and an offset against any rent found to be due in the amount of One Hundred Eighty-Five Dollars per month ($185.00), said amount being within the amount for referral to compulsory arbitration. UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 24. Paragraphs 1-23 are incorporated herein by reference hereto. 25. As a result of Plaintiff's failure to repair the water and septic systems before Defendant moved in, during the entire lease agreement with the Defendant, and despite timely and repeated notice by the Defendant, Plaintiff violated Pennsylvania's Unfair Trade Practices and Consumer Protection Law. 26. By leasing the premises to the Defendant, Plaintiff created confusion and misunderstanding in the Defendant that the premises were fit for the purpose when they were not. 73 P.S. 201-2(4)(ii)(iii)(v)(xxi) 27. By using a confessed judgment clause in his lease that waives the Defendant's rights to assert a legal defense to an action, Plaintiff violated 73 P.S.201-2(4)(xviii). WHEREFORE, Defendant demands judgment in the amount of three times the actual damages set forth in Paragraph 23 ($555) and 27 ($100) above as provided for in 73 P.S.201-9.2, or in the total amount of One Thousand Nine Hundred and Sixty-Five Dollars ($1,965) plus attorney fees, said amount being within the limit for compulsory arbitration. Date: ///_9?1bS MIDPENN LEGAL SERVICES By: Geoffrey M. Biringer 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 VERIFICATION Anthony M. Kalbarczyk, Defendant, verifies that the statements made in the above Answer, New Matter, and Counterclaims are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: S- o3) Anth y M. Kalbarczyk Affidavit of Service I, Geoffrey M. Biringer, hereby state that I served the enclosed Answer, New Matter, and Counterclaims, by depositing same in the first class , U.S. Mail, postage prepaid, and addressed as follows on April 28, 2005: Norman M. Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 l -ia Geoffrey M. Biringer MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 18040 cJ STS ZVI Ftl -r7 f?l Q7 tt, k LAWRENCE D. HODGES T/D/B/A HODGES MOBILE HOME PARK, Plaintiff vs. ANTHONY M. KALBARCZYK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1493 CV : CIVIL ACTION - LAW IFF'S ANSWER TO DEFENDANT'S NEW MATTER 15. No further answer required as Plaintiff incorporated herein his pleadings in the respective paragraphs of the Answer. 16. Denied. Plaintiff has no knowledge or information that the water which came from Plaintiff's well wasn't potable, or tasted or smelled abnormally. Plaintiff believes and therefor avers that if the water which Defendant drank had such qualities, it acquired same when it was processed through Defendant's hot water heater. No other tenants of Plaintiff have complained about water quality, nor have periodic tests of the water revealed any abnormality. The averment is therefore denied and proof thereof is demanded at trial if relevant. 17. Denied. Defendant never made a complaint or mention that the water quality was unsatisfactory, until after the District Justice scheduled a hearing, rendered judgment which was on February 22, 2005, and after the District Justice's constable served Defendant with notice of a possession order. 18. Denied. Paragraph 16 and 17 answers are incorporated herein by reference thereto. 19. Denied. After reasonable investigation Plaintiff is uninformed as to the truth of the allegation and proof thereof is demanded at trial, if relevant. 20. Admitted in part and denied in part. It's admitted that a septic system was located adjacent to Defendant's lot. It's denied that this system was at any time relevant hereto emitting any foul odors. On the contrary, foul and noxious odors emanated from Defendant's lot and trailer due to Defendant's defective toilet and drain pipe which led from the said toilet and Defendant's trailer to the sewer connection underneath the trailer, which condition Defendant was encouraged and requested to repair (by Plaintiff) but failed to do so until January 2005, and after Plaintiff shut the water off. Plaintiff is unaware of the aforesaid condition causing Defendant discomfort, or the extent of same, which conclusion is made after reasonable investigation. This part of the averment is therefore denied and proof demanded at trial, if relevant. 21. Denied. The said system wasn't defective and Defendant never noticed Plaintiff as to same. However, the system was overloaded because of the condition relating to Defendant's unit as described in the preceding Paragraph 20 answer, all of which caused Plaintiff to drain the system several times until Defendant corrected his toilet overflow problem (which resulted from the defect referred to in the aforesaid Paragraph 20). WHEREFORE, Plaintiff demands judgment as heretofore set forth. PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM AS TO IMPLIED WARRANTY OF HABITABILITY 22. No further answer required. Plaintiff incorporates herein the respective paragraphs of his answer pleadings. 23. Denied. There was no water potability problem nor noxious odors emanating from the septic system, and therefore no breach of the implied warranty of habitability. 22. (Second Paragraph 22) Denied. Paragraph 23 of this answer to the Counterclaim is incorporated herein by reference thereto. 22. (Third Paragraph 22) Denied. There was no failure to repair on the part of Plaintiff, and therefore, no reduction in the lot's rental value. 23. (Second Paragraph 23) Denied. This counterclaim's answer to all prior paragraphs of this Counterclaim are incorporated herein by reference thereto. WHEREFORE, Plaintiff requests judgment in his favor on this Counterclaim (which presumably is Count I thereof, but not designated as such). PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM AS TO UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 24. No further answer required, as the respective paragraphs of Plaintiff's Answer pleadings are incorporated herein by reference thereto. 25. Denied. This averment pleads a conclusion of law and requires no further answer. 26. Denied. Plaintiff created no confusion and/or misunderstanding. On the contrary, the leased land was fit for the purpose intended, and caused and/or created no confusion or misunderstanding in any manner referred to in the cited section of the Act, §2 01-2 (4) (ii) (iii) , nor was any representation made by Plaintiff within the meaning of §201-2(4) (v) of the said Act, or within the purview of subsection (XXI) of the Act. 27. Denied. Although Plaintiff's lease form contains a confession of judgment form (Paragraph 12 thereof), Plaintiff did not utilize this remedy, but on the contrary, commenced a legal action in the District Justice Court. Furthermore, the Pennsylvania Rules of Civil Procedure provides procedures which allows for the contesting of a confessed judgment, either before or after execution process is issued thereon. WHEREFORE, Plaintiff requests judgment in his favor on this Counterclaim YOFFE & Y FFE, P. C. By ?'%-%- 7-1#-4 - . NORMAN M. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 hodge3\enswer LAWRENCE D. HODGES T/D/B/A HODGES MOBILE HOME PARK, Plaintiff Vs. ANTHONY M. KALBARCZYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1493 CV CIVIL ACTION - LAW VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Answer are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: c?e(9710? LAWRENCE D. HODGES -? Curtis R. Long Prothonotary (Office of the Protbonotarp Cumberlanb Couutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor S -• I-qu CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573