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HomeMy WebLinkAbout14-4301C OP:WEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS �� _ Judicial District, County Of CnnL her -10,n NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No./"'" I/3Q/ NOTICE OF APPEAL "tE,//)-I Notice is given that the appellant has filed in the above Court of Common Pleas en appeal from the judgment rendered by the Magisterial District Judge on the date and In the case referenced below. NAME oP adv EU.MT TE✓'E.q E 13R10 1-. CIIanL gtrWANSELLAPIT 22 I �iJ�i (( S�ree PO BO( JO MAG.015T. NO. AthJ-o9-3-03 NAME OF Atm i10 nio 2116L SussbAY TE 7;11, Doll MJTog363-LI- O 0004I - 0j/ ns •me Sales This block will be signed ONLY when R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession In this case. P� lri0t5 pram VG( on T 5a Vac.�on U •F-' PITO• TrORNE er nytscA„v felled P1esu was Claimant (see Pa. RC.P.D.J. No. 1001(6) in action before a Magisterial Distrtst Judge, A COMPLAINT MUST BE FILED within twenty (20) days after Ming the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PQ.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 oma les Name of aptw)res(s) (Common Pleas No. /L/. q3 ©/ ) within twenty (20) days after service of rule or suffer appellee(s), to file a complaint in this appeal RULE; To maiis /Jon "1 Sc les Name ofappei1ee(s) e:✓ of Jud g j •f non pros. appellee(s) Signature of appellant or attorney or agent (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 mall. (2) If youdo not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail Is the date of the maill )ate: YOU MUST INCLUDE A COPY OF OINHE NOTIC J JUDGMENT/TRANSCRIPT FORM WITH THI AiNno3 ONV1 38WflZ IIOPC 312-05 IRV 'iZ inr +110 0N0H108d 31-11 301140-03113 FP NOTICE OF APPEAL. COMMONWEALTH OF PENNSYLVANIA COUNT1 OF CUMBERLAND Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Brad Vachon 50 BONNYBROOK ROAD #5 CARLISLE, PA 17013 Notice of Judgment/Transcript Residential Lease Sigmans Home Sales v. Brad Vachon, Theresa Vachon Docket No: MJ -09303 -LT -0000045-2014 Case Filed: 7/7/2014 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 -09303 -LT -0000045-2014 Sigmans Home Sales Brad Vachon Judgment for Plaintiff 07/15/2014 MJ -09303 -LT -0000045-2014 Sigmans Home Sales Theresa Vachon Judgment for Plaintiff 07/15/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Brad Vachon $500.50 $0.00 $500.50 Sigmans Home Sales $0.00 $0.00 $0.00 Theresa Vachon $500.50 $0.00 $500.50 Judgment Finding (*Postjudgment) In the matter of Sigmans Home Sales vs. Brad Vachon; Theresa Vachon on MJ -09303 -LT -0000045-2014, on 7/15/2014 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $320.00 Judgment Component Filing Fees Server Fees Rent in Arrears Joint/Several Liability $98.50 $42.00 $360.00 Individual Liability $0.00 $0.00 $0.00 Deposit Applied Amount $98.50 $42.00 $360.00 Grand Total: $500.50 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed: 07/16/2014 8:22:56AM Sigmans Home Sales v. Brad Vachon, Theresa Vachon Docket No.: MJ -09303 -LT -0000045-2014 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 7-15 -/ Date Magisterial District Judge Susan K. Day I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 07/16/2014 8:22:56AM Sigmans Home Sales v. Brad Vachon, Theresa Vachon Plaintiff(s) Participant List Sigmans Home Sales 50 Bonnybrook Road Carlisle, PA 17013 Defendant(s) Brad Vachon 50 BONNYBROOK ROAD #5 CARLISLE, PA 17013 Theresa Vachon 50 Bonnybrook Rd, Lot 5 Carlisle, PA 17013 Docket No.: MJ -09303 -LT -0000045-2014 MDJS 315A Page 3 of 3 Printed: 07/16/2014 8:22:56AM IN THE COURT OF COMMON PLEAS OI , COUNTY, PENNSYLVANIA 513 met.A.S gorvie -i!es Plaintiff VS. IereS 4 Brad Vac_ilovi Defendant 30 PETITION TO PROCEED IN FORMA PAUPER'S TO THE HONORABLE, THE JUDGES OF THE SAID COURT: e 441/1 (_ .mco r- rn to r- cp 4C) = -n CD -r4 4111.0r„. C) • IP 4 rn ..r?" The Petition of Teresa I- Bra_ct VO do r) respectfully represents: I. I am the ..k_..C,e..-'dork-E in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay, the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: —rev-esa., -I- rod Vae,hon Address: 50 &rn9 bvooeR Lo -t 5, Carlisle, PA I 70 3 Soc. Sec. No,: I q - 54o - 5-609 /414-'70-80g3 (b) Fmployment—if you are presently employed, state Employer: Address: Salary or wages per month: Type of work: -If you are presently unemployed, state Date of last employment: 3-51g-01g Salary or wages per month: up-(0 /I IO('? Type of work4palnua ; (c) Other income within the past twelve months Business or profession: (le,h 60.4i 0-FL. Other self-employment: .- Interest Dividends: Pension and annuities: Social security benefits: ogaL -.- Support payments: — Disability payments: Workman's compensation: Public assistance: Other: (d) Qthr cpntributions to household support Spouse's Name: (?ra2 Vac-kor, If your spouse is employed, state -d isct.b I e<1 Employer: Salary or wages per month: Type of work: Contributions from child(ren): Contributions from parents: Other contributions: S S I ; $3 2- (e) Property owned Cash: Checking account: Savings account:°O Certificates of deposit: -- Real estate (including home): dorN.e 43, "0 Motor vehicle: Make: 20 0 o Cost: (of 0O0 ; Amount ow Stocks; — bonds: - Other: (fl Debts and obligations Mortgage: -- Rent: 3 2t}`i»o Loans: -7 7 7 I 00 -612 t9-4-L.e-d_) Other: ; Year: 051 Ford Exio ker Electric 1.2 - Jus' si rIec3'eI'f j PCA19 elf Water --- Telephone 10 Cable --- Credit cards /5 - Auto 5Auto Insurance 19 2 - Gasoline S 0 Food 20 0 (g) Persons dependent upon you for support Spouse's Name: I Ytt. d Vct t ri Child(ren), if any: Name(s) and age(s): Other persons: Name: Relationship: 4. T understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 1ay 20N g Date�7y a� J petition;, COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS County Of camber land and PLAINTIFF: NAME and ADDRESS vs. DEFENDANT: NAME and ADDRESS L Common Pleas Docket Nopi- y- (i,3)1 v, Z TENANT'S SUPERSEDEAS AFFIDAVIT (NON -SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) 1, Tek -e sa. Vachon on . ,g ra ► Va o v- 1 /0;1 (print name and address here), have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the judgment for rent awarded by the magisterial district court. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I have/have not (cross out the one that does not apply) paid the rent this month. I verify that the statements made in this affidavit are true and correct 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. AOPC 312-08 (8) F TENANT S45 na-luke EDP Ten cut-i. SUPPLEMENTAL INSTRUCTIONS FOR OBTAINING A STAY OF EVICTION **"*IMPORTANT****PLEASE READ THESE INSTRUCTIONS CAREFULLY! This document contains important information about your case. Failure to comply with any instructions provided In these materials may cause you to be evicted before your appeal or writ is heard. 1. FOR TENANTS SUPERSEDEAS: If you are a tenant and you filed the notice of appeal or praecipe for writ of certiorari, you must pay money into an escrow account to remain In the property until your appeal or writ is decided. This is called a "supersedeas." The supersedeas will suspend the magisterial district court judgment and will prevent your eviction until your case is heard by a judge and a final decision is made on the appeal or writ. IF YOU FAIL TO PAY YOUR MONTHLY RENT INTO ESCROW IN FULL AND ON TIME, YOU COULD BE EVICTED BEFORE YOUR APPEAL OR WRIT IS HEARD. Begin by looking at the Income limits attached to these instructions. If your income is below the Income limits, complete a Tenant's Affidavit, pursuant to Pa.R.C.P.M,D.J. No. 1008(CX2) or 1013(CX2). These affidavits are available on the website of the Administrative Office of Pennsylvania Courts (www.aopc.org). Then follow the instructions for low-income tenants below. There are several different options available; pick the option (A,B, or C) that best describes your situation, if your income is higher than the income limits attached to these instructions, follow the instructions for D. A. If you are a low-income tenant and there was a money judgment entered against you for non -pay • - nt of rent, and you HAVE NOT paid rent for the mon in which the notice of appeal or prae e for writ of certiorari is filed, you must 1. File an in forma pa, • ells petition (a petition for low-inco e parties) pursuant to Pa.R.C.P. No. 240; 2. Pay one-third of your mont rent into an escrow = ccount with the prothonotary's office at the time the notice of app - I or praecip: 'or writ of certiorari ("praecipe") is filed; 3. Pay the remaining two-thirds (2/3) of y. u onthly rent into the escrow account within twenty (20) days of the date the noti t - of appea • r praecipe was filed; and 4. Pay your monthly rent on an • going basis into th., escrow account in thirty (30) day intervals from the date the •tice of appeal or praecipe was filed until the time of your trial. If you are a low-income tenant, and there was a money judgment against you for non-payment of rent, and you HAVE paid rent for the month in which the notice of appeal or praecipe for writ of certiorari ("praecipe") is filed, you do not have to pay rent at the time you file your notice of appeal or praecipe. You must: 1. File an in forma pauperispe (a petition for low-income parties), pursuant to Pa.R.C.P. No. 240; 2. Pay your monthly rent on an ongoing basis Into an escrow account with the prothonotary in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of trial. it is important to count the thirty (30) days exactly 2 because the date of your payment will change depending on the number of days in a given month. C. If you are a low-income tenant, and no money judgment was entered against you for non-payment of rent, yo b do not have to pay rent at the time you file your otice of appeal or praecipe for writ of rtiorarl ("praecipe"). This option is to magisterial district court hearing, Pe judge determined that you in rent. You must: 1. File an in forma pauperis petition (a pet • n for low -In • • me parties), pursuant to Pa.R.C.P. No. 240; 2. Pay your monthly rent on an ongoing basis in .• . escrow account with the used if at the d "zero" or "nothing" prothonotary in thirty (30) day intervals fro 1 e date the otice of appeal or praecipe was filed until the time of your trial. It i mportant to count th thirty (30) days exactly because the date of your paymen ill change depending on the : umber of days in a given month. D. If your Income is hi• - r than the income limits on the attached chart, you must: 1. Pay the fee to file a notic appeal or praecipe for writ of ce ► orari ("praecipe"); 2. Pay the lesser of three (3) month ' rent or the amount of nt awarded to the landlord in magisterial district court into an escrow : count with e prothonotary's office at the time the notice of appeal or praecipe Is filed; an 3. Pay your monthly rent into the escrow accou' in t'' (30) day intervals from the date the notice of appeal or praecipe was -d until the timof trial. it is important to count the thirty (30) days exactly be =. ' se the date on your pay - t will change depending on the number of days in a given month. 3 INCOME LIMITS 2008 HHS Poverty Income Guidelines Expressed In Monthly Amounts Size of Family Unit Poverty Guideline Monthly Amount 1 $866.66 2 1,166.66 3 1,466.66 4 1,766.66 5 2,066.66 6 2,366.66 7 2,666.66 8 2,966.66 For each additional person, add 300.00 4 IN TSS COURT OF COMMON PLEAS OF . -MO.INTY, PENNSYLVANIA CIVIL ACTION LAW rvla.n s Mme S les Plaintiff No -Ter esa (CLC1 VQCthon • Defendant ORDER11301 Ci•Litt R."7(/' / tai AND NOW, this 3) day of l2Q�1, upon consideration of the Petition of -oto Proceed In Forma Pauperis, it is hereby ORDERED and DECREED that the Pt a71114--- , may file the in forma pauperis and proceed to the termination of proceedings without payment of filing fees or costs. FILED -OFFICE or THE PPOTHONOTAR t' .2014IAUG -5 AM II dUMBERLAND COUNTY PENNSYLVANIA 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 & 1„hr Jana ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served Obi i r?.l v; l a copy of the Notice of Appeal, /Common Pleas No: I — , upon the Magisterial District Judge designated therein on (date of service) 20 / 7 ❑ by personal service IV4y (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ElQine,�on shua S;gn�a%, c/o S;ffi is Nome. Szt fPS 3/5' 20 pi Dby personal service® sender's receipt attached hereto. �7 (SWOR (AFFIRMED),,AND SUBSCRIBED BEFORE ME THIS,5 DAY OF Car ' 20 / Signature of cial before whom affidavit was made Title of officia My commission expires on i Prothonotary, CinOeriand,t rfisle, PA• My Commission Expired the First Monday of Jan: 2018. AOPC 312A - 05 by (certified) (registered) mail, N m r:D ru ra U, N m U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee • Return Receipt Fee • (Endorsement Required) • Restricted Delivery Fee (Endorsement Required) O rl CI r -i ci N m▪ & N m ru t7 O O O r -R U, a 0 N Total Postage & Fees Edi $3.30 $2.70 $0.01) $6.49 0 I J y1013.. U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 1.115 $ $6.49 08/05/2014 vefaiTsJru3 RFA. reiP cr 1,32 tP4 s E C T I 0 N A s E C T I 0 N Supreme Couff ofPennsylvania Court "of -Common, Pleas C virCover:_St Sheet CUMBERLAND y/ County For Prothonotary Use Only: Petition Declaration of Taking x, Complaint ® Writ of Summons $ Docket No:�` &Owl �— 1 T - A 301 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking x, Complaint ® Writ of Summons $ $ Transfer from Another Jurisdiction w Lead Plaintiffs Name: Sigman's Home Sales Lead Defendant's Name: Brad L. Vachon and Teresa E. Vachon Dollar Amount Requested: ® within arbitration limits Are money damages requested? rx Yes $ No (check one) ) Ooutside arbitration limits Is this a Class Action Suit? Yes $ No Is this an MDJAppeal? X Yes No Name of Plaintiff/Appellant's Attorney: John R. Beinhaur, Esquire, attorney for Plaintiff Check here if you have no attorney (are a Self -Represented [Pro Sel Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) O Intentional O Malicious Prosecution O Motor Vehicle O Nuisance O Premises Liability O Product Liability (does not include mass tort) O Slander/Libel/ Defamation 0 Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant 0 Toxic Waste O Other: PROFESSIONAL LIABLITY O Dental O Legal O Medical Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card O Debt Collection: Other O Employment Dispute: Discrimination O Employment Dispute: Other O Other: REAL PROPERTY Ejectment 0 Eminent Domain/Condemnation O Ground Rent • Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition O Quiet Title O Other: CIVIL APPEALS Administrative Agencies O Board of Assessment O Board of Elections O Dept. of Transportation O Statutory Appeal: Other • Zoning Board O Other: MISCELLANEOUS O Common Law/Statutory Arbitration O Declaratory Judgment O Mandamus Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 SIGMAN'S MOBILE HOME SALES : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff _ v. . NO. 4 — '3O I aiviirni he BRAD L. VACHON and TERESA E. VACHON Defendants : CIVIL ACTION - LAW NOTICE rn i t� 72: CD -' NJ YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 CURCILLO LAW, LLC By: DATED: S /z0//0 Joh , .: ei c ur, Esquire Attorney fo Plaintiff SIGMAN'S MOBILE HOME SALES : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. BRAD L. VACHON and TERESA E. VACHON Defendants • • • • : CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, by and through their attorney, John R. Beinhaur, Esquire, of CURCILLO LAW, LLC, and files the following Complaint against the Defendants: 1. Plaintiff Sigmans Mobile Home Sales is a registered fictitious name of the Commonwealth of Pennsylvania which was filed by Joshua E. Sigman and J. Elaine Sigman, with an address at 50 Bonnybrook Road, Carlisle, Pennsylvania, 17013. 2. Defendants Brad L. Vachon and Teresa E. Vachon are adult individuals currently residing at 50 Bonnybrook Road, Lot 5, Carlisle, Pennsylvania, 17013. 3. At all times relevant hereto, the Plaintiff Sigmans Mobile Home Sales was/is the management company for the record owner, Joshua E. and J. Elaine Sigman Irrevocable Trust, of the real property known and numbered as 50 Bonnybrook Road, Lot 5, Carlisle, Pennsylvania, 17013, Mount Holly Springs, Cumberland County (the "Property"). 4. Venue is proper in the Court of Common Pleas of Cumberland County as the subject property is located in said county/jurisdiction. 5. Defendants have entered into a Lease agreement (the "Lease") with Plaintiff which contains Sigman's Mobile Home Sales' Policies and Guidelines For Community Living (the "Policies"), true copies of which are attached hereto and incorporated herein by reference as Exhibit "A." 6. This matter is an appeal of MDJ docket MJ -09303 -LT -45-2014, the Honorable Susan K. Day, wherein judgment was held for Plaintiff herein and against Defendants herein for both possession and monetary judgment in the amount of $500.50. 7. Defendants are required under the Lease to pay the monthly rental sum of $320.00 (raised from the original amount of $300.00 under the Lease). Defendants signed the Lease indicating their agreement to pay such rent monthly, and have done so previously, on the first day of each month. 8. Defendants have failed and refused to pay rent as required under the Lease as follows: June, 2014 late charge $ 15.00 July, 2014 rent 320.00 July, 2014 late charge 25.00 August, 2014 rent 320.00 August, 2014 late charge 25.00 Total through date of filing: $705.00 9. Defendants owe a late charge under the Lease if the payment is not received by the tenth day of the month (Lease Section 8), as well as any actual fees for collection of amounts due under the Lease (Lease Section 15). 10. Defendant has failed and refused to remove from the Property, despite notice and demand by Plaintiff for violations of the Lease, including both non-payment of rent and violations of the Policies. 11. Defendants have violated the Policies by shooting a BB Gun and/or a Paintball Gun within the park and at neighbors' properties and persons, hitting and damaging same. The police were called at least twice in June, 2014. This is a violation of Rule F (6) of the Policies and Guidelines. 12. Defendants have violated the Policies by making loud and disturbing noise at various times during quiet time so as to disturb the peace and quiet of the neighbors. This is a violation of Rule F (3) of the Policies and Guidelines. 13. Defendants have violated the Policies by the unlawful use of the Sigman's dumpsters so as to not have to use the required municipal service for trash removal. This is a violation of Rule D (13) of the Policies and Guidelines. 14. Defendant has failed and refused to cease violations of the Policies. BREACH OF CONTRACT/VIOLATION OF LEASE 15. The allegations of paragraphs 1 - 14 above are incorporated herein by reference as if more fully set forth. 16. Plaintiff Sigmans Mobile Home Sales is the management company for the record owner of the Property Joshua E. and J. Elaine Sigman Irrevocable Trust and as such is legally entitled to the payment of rent pursuant to the valid and binding Lease. 17. Defendant has failed and refused to pay rent and late charges as required under the Lease, totaling $705.00 at the time of the filing of this Complaint, and $291.50 for MDJ filing fees and costs, and reasonable attorney fees hereunder of $1,500.00. 18. Defendant has indicated their intent to continue to refuse to pay rent as required under the Lease. 19. Defendant is in default of the Lease for failure to pay rent and/or late charges since June, 2014. 20. Plaintiff makes demand for the payment of such past due rent and late charges. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for Plaintiff and against Defendant for the past due rent and late charges in the amount of $2,496.50, together with any accruing rent and late charges due at the time of judgment, and any other costs and fees the Court deem reasonable in its discretion. This amount is below the limit requiring arbitration. EVICTION/EJECTMENT 21. The allegations of paragraphs 1 - 14 above are incorporated herein by reference as if more fully set forth. 22. Plaintiff Sigmans Mobile Home Sales is the management company for the record owner of the Property Joshua E. and J. Elaine Sigman Irrevocable Trust and as such is entitled to possession thereof. 23. Defendant has failed and refused to pay rent and late charges as required under the Lease. 24. Defendant has indicated their intent to continue to refuse to pay rent as required under the Lease. 25. Defendant is in default of the Lease for failure to pay rent and/or late charges since June, 2014. 26. Plaintiff is entitled to possession of the Property for such violations of the Lease. 27. Defendant is in violation of the Policies of the Mobile Home Park. 28. Plaintiff is entitled to possession of the Property for such violations of the Policies. 29. Defendant has failed and refused to remove from the Property of Plaintiff, despite notice to do so. 30. Plaintiff claims the right to possession of the said Property, to the exclusion of the Defendant. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment against Defendant for possession of 50 Bonnybrook Road, Lot 5, Carlisle, Pennsylvania, 17013, Mount Holly Springs, Cumberland County. Dated: I it 614 Respectfully Submitted, CURCILLO LAW, LLC By: Jo i R. Be aur Supreme Court ID# 55341 3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100 Attorney for Plaintiff SIGMAN'S MOBILE HOME SALES : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : NO. BRAD L. VACHON and TERESA E. VACHON Defendants : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this day of (AAA, , 2014, I, John R. Beinhaur, hereby certify that I have served the foregoing Complaint by mailing a true and correct copy by United States first class certified mail return receipt requested, postage prepaid, addressed as follows: Brad L. Vachon Teresa E. Vachon 50 Bonnybrook Road, Lot 5 Carlisle, PA 17013 Respectfully submitted, CURCILLO LAW, LLC By: DATED: S- 11.�.� (14 Jo ,'.Beinh Sup eme Court I.D. #55341 3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100 Attorney for Plaintiff VERIFICATION I have read the foregoing Document and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: S 7-0 (lelf VERIFICATION I have read the foregoing Document and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: U/2Jb //q 0„,„LJ,,,,x) EXHIBIT "A" SIGMANS MOBILE HOME SALES LEASE This Community was designed and planned for your enjoyment. It is the sincere desire of the Community management (Lessor) to make this a beautiful, comfortable, healthy, safe and enjoyable place for you, your family and your neighbors. To achieve a basic understanding between you the Lessee and Community management (Lessor), the responsibilities of each are set forth clearly and Mutually agreed to below. This Agreement establishes certain conditions which are necessary for good community relations and are based upon impartial application and compliance in order to insure both Lessee and Community management (Lessor) against any situation which would deny these rights. No rule or guideline shall be established which cannot stand the test of fairness, reason and logic, This warranty is based equally upon your cooperation and the guarantee of your fundamental rights. This Lease Agreement, hereinafter "Lease," dated - /" /1 (mo./day/yr.), by and between Sigman's Mobile Home Sales, hereinafter "Lessor' AND sap /. c./71 -,09t1 hereinafter "Lessee". In consideration of the mutual covenants herein expressed, and in compliance with ACT 261 pf The General Assembly of the State of Pennsylvania, 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 heirs and executors. 2. PROPERTY Community management (Lessor) hereby rents to Lessee and Lessee rents from Community management (Les r), Manufactured Home Space #.5 in the Sigman's Mobile Home Community, 50 Bonnybrook Road, Carlisle, Pa. 17013 or Garden Parkway, Carlisle, Pa. 17013 3. MANUFACTURED HOME DESCRIPTION Lessee agrees to place and/or maintain the manufactured home of the following description on the space: Make ‘,:sea S� Modele fi/%d�/ Year /Size /S! X6v U Color 4. TERM This Lease shall be for a period of ONE (1) MONTH beginning on the first day or the fifteenth day of 6// 1,1 (mo/yr). In the event Lessee occupies the manufactured home space prior to the beginning date, the rent for such prior occupancy shall be prorated. 5. RENTAL AMOUNT The monthly rental to be paid by Lessee unto Community,management (Lessor) is as follows: Monthly rent for the manufactured home space is $ (1, dL , 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 or other location as directed by Community management (Lessor) from time to time, or U.S. mail. 1 7. RENTAL DUE Home rental is payable in advance. Payments are due BEFORE the first day or the fifteenth day of the month. Other charges and fees are due upon billing. 8. LATE CHARGE If Lessee fails to pay Community management (Lessor) the monthly rental on time, the Community management (Lessor) may collectas additional rent a penalty fee for late payment if the rent is more than ten days overdue. 9. RENEWAL OF LEASE At the end of the initial term and all subsequent terms this Lease shall be automatically renewed for an additional term of one month subject to any modifying provisions by Community management (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 rentallperiod [last day of month]. i.e. one month notice received Oct. 4, begins November 1 and ends November 30. 10. 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 the Community management's (Lessor's) written consent, the Community management (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 the Community management (Lessor), may in addition, bring an action for possession and damages caused by the holdover. 11. FIRST MONTH'S RENT Lessee agrees to pay Community management (Lessor) in advance the first month's rent as stated herein. Said payment shall not be due 'or received until five days after the last date and time noted on the receipt for the Policy and Fees Disclosure document. 12. TRANSFER OF LEASE Subject to Community management's (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 he may transfer title to his manufactured home at any time during the term of the Lease after, application to and acceptance by Community management (Lessor). The new Lessee will assume all of the duties and obligations of the original Lessee, and those of the Community management (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 the Community management (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. 13. TERMINATION OF LEASE This Lease may be terminated prior to the stated expiration date in the Lease as follows: Community management (Lessor) may, any time after rent is overdue, demand payment thereof and notify the Lessee in writing that unless payment is made within a time specified in the notice the Lease will be terminated. If the Lessee remains in default, the Community management (Lessor) may thereafter terminate the Lease and bring any proper legal action or suit for recovery of rent due and a summary proceeding for eviction may be commenced. If Lessee breaches any policy or agreement of the Lease, the Community management (Lessor) shall notify the Lessee of the breach. Such notice will substantially specify the rule allegedly breached and advise Lessee that if the violation continues the Community management (Lessor) may terminate the Lease and bring summary proceedings for possession of the manufactured home space. 2 , In accordance with the Landlord and Tenant Act, Article V, Section 501e, Community management (Lessor) and Lessee agree that Lessee waives the requirement of Notice to Quit which provides for notice when a resident is legally evicted as provided under Section 3 of the "Manufactured Home Community Rights Act." 14. OBLIGATION OF THE LESSEE Lessee hereby agrees that they will abide by the Policies and Guidelines as attached hereto, as well as any additional or amended Policies and, Guidelines provided written notice is provided Violations of these Policies and Guidelines shall constitute a breach of this Lease and be grounds for eviction. All Policies and Guidelines are acknowledged to be conditions of this Lease. 15. COLLECTIONS 11 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 all of 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 (Policies and Guidelines) adopted hereunder by the Lessee, 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 attorney fees, to the fullest extent permitted by law. The Lessor shall also be entitled to collect from the Lessee any fee, charge, rerit,i debt, or damages incurred 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 permitted by law. 16. 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, building codes and procedures. 17. LESSEE HEREBY ACKNOWLEDGES A. Lessee acknowledges RECEIPT AND REVIEW of this lease AND the following exhibits: 1 Lease 2 Credit Application 3 Policies and Guidelines 4 Rent Charges Fees Disclosure 5 Policies and Fees Disclosure Cover Sheet 6 Policies and Fees Disclosure Receipt 7 Privacy Policy and Fair Credit Notice 8.Lessee Seller Disclosure and Receipt 9 Act 261 Important Notice B. That Lessee has provided the information req?ired 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 prior to the first or the fifteenth. 3 In accordance with the Landlord and Tenant Act, Article V, Section 501e, Community management (Lessor) and Lessee agree that Lessee waives the requirement of Notice to Quit which provides for notice when a resident is legally evicted as provided under Section 3 of the "Manufactured Home Community Rights Act." 14. OBLIGATION OF THE LESSEE Lessee hereby agrees that they will abide by the Policies and Guidelines as attached hereto, as well as any additional or amended Policies and Guidelines provided written notice is provided Violations of these Policies and Guidelines shall constitute a breach of this Lease and be grounds for eviction. All Policies and Guidelines are acknowledged to be conditions of this Lease. 15. 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 all of 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 (Policies and Guidelines) adopted hereunder by the Lessee, 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 attorney 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 incurred 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 permitted by law. 16. 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, building codes and procedures. 17. LESSEE HEREBY ACKNOWLEDGES A. Lessee acknowledges RECEIPT AND REVIEW of this lease AND the following exhibits: 1 Lease 2 Credit Application 3 Policies and Guidelines 4 Rent Charges Fees Disclosure 5 Policies and Fees Disclosure Cover Sheet 6 Policies and Fees Disclosure Receipt 7 Privacy Policy and Fair Credit Notice 8 Lessee Seller Disclosure and Receipt 9 Act 261 Important Notice 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 prior to the first or the fifteenth. 3 18. SECURITY DEPOSIT. A. Amount and Disposition. A security deposit in the amount indicated in Paragraph 2 above (the Security Deposit") shall be deposited in the account of [ /7/45 .,4 Edo,- ] in an interest- bearing account at M&T BANK. As and if required by law, interest shall accrue on the Security Deposit. This Security Deposit shall not be applied as rent unless Landlord so elects, and nothing in this Lease shall be construed as making it obligatory upon the Landlord to so apply it. B. Return of Security Deposit. If Resident complies with the terms, agreements and conditions of this Lease, Landlord shall return this Security Deposit to Resident as and if required by law. Landlord may refuse to return the Security Deposit if Resident has breached any term, agreement or condition of this Lease, in accordance with law. 19. Designated notification recipient lessee: In accordance with Act 261 the below listed Lessee is designated to be the official recipiant of all required notices pertaining to this Lease. Te�,S9 1 ,ear/71 Designated Lessee: Mailing Address Sexhil veig c Kt? Lor -r S C1f,ec t,E ›°:9 r7 ' 20. THIS LEASE SHALL HAVE NO FORCE OR EFFECT UNTIL FIVE DAYS AFTER THE LAST DATE AND TIME 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. LESS Date. and Time (v/// Date and Time d. /9/07 ate an• Time LESSOR (SIGNATURE REQUIRED) OWNER 4 SIGMAN'S MOBILE HOME SALES POLICIES AND GUIDELINES FOR COMMUNITY LIVING To promote a healthy and enjoyable living environment and to protect your investment in your home, certain policies and guidelines have been adopted to enhance through good upkeep the desirability of living in this manufactured home community. They are to encourage a friendly, clean and well-maintained community of which all can be proud. Many of the guidelines established by the management are common sense items and deal with courteous behavior to your neighbors. So, in most cases, they should be second nature and require no extra effort to follow. Our objective is to maintain a highly regarded residential community with pleasant surroundings in which you can live with pride, dignity, safety and comfort. If any term, covenant, condition, or provision of these Rules shall to any extent be deemed invalid or unenforceable, the remainder of these Rules shall not be affected thereby, and each term, covenant, condition, and provision of these Rules shall be valid and enforceable to the fullest extent permitted by law. Any breach of a lease agreement by a Resident shall be a violation of these Rules. RESIDENTS AGREE TO ABIDE BY AND OBEY THE FOLLOWING RULES AND REGULATIONS. A. GENERAL REQUIREMENTS: 1. Prior to entry to the community, all applications and foims must be completed with all information requested so that character and credit checks can be conducted to determine community and financial responsibility. Negative reports regarding character and credit or failure to complete forms completely and accurately may be reason for disapproval. 2. All homes to be placed in the community must be approved by Community management (Lessor) and in compliance with the Home Entrance Requirements of the community. 3. No more individuals than is suitable for the manufactured home of its particular size and design shall occupy manufactured homes. Community management (Lessor) reserves the right to limit rentals to two adults and their children per home. 4. The home shall not be occupied by any person other than those named in the Lease except for visitors. No home or premises shall be subleased or put in the possession of another party. It is required that all individuals named on the title must be a lessee on the lease and must live in the home. 5. 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 community 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 requirements. 6. Community management's (Lessor's) representatives shall have the right to access and be permitted access to the home space and utilities for maintenance or inspection at all times. This does not include the inside of the home. 7. Fire extinguishers, smoke detectors and a fire escape plan are encouraged for your safety. 8. Community management (Lessor) will not be responsible for damage, injury or loss by accident, theft, fire, mischief or acts of God to either the property or person of Lessee or guests and Lessee is hereby notified that Lessee will assume all risk in such matters and should insure themselves and their property accordingly. 9. Lessee must continue to provide Community management (Lessor) with the current home mailing address, phone numbers, and other Lessee data as requested from time to time. 10. After providing lease termination/move-out notice, Lessee must notify Community management (Lessor) in writing three (3) days in advance of his or her intention to move the home. Lessee will pay all outstanding charges due to Community management (Lessor), obtain Community management's (Lessor's) release in writing and obtain required permits for movement of home, prior to attaching a tow vehicle. 11. Lessees may sell their homes without restriction as to purchaser. But if the purchaser desires to keep the home in the community, purchaser must comply with the entrance procedures and meet the requirements of residency. Community management (Lessor) will do its utmost to assist in a timely acceptance of the new Lessee. Any change of ownership of the home requires a new lease with all owners meeting the requirements of Resident status (i.e. ownership and a party to the lease.) 12. Non-payment of rent -lessee will be notified by certified mail, that eviction will commence within 30 days from the date of letter. If an additional nonpayment occurs within six months of the notice immediate eviction proceedings will begin following a second notice, lessee hereby agrees that should a default occur in the rent payment provisions of the lease, lessee and occupants shall be considered trespassers as defined by the Pennsylvania Crime Code and shall be subject to the penalties prescribed. After a "trespasser" status is established it is understood the lessor may disconnect the water service to the space concerned. A [$10.00] fee will be charged for each certified letter written due to rule or rent violations, or any similar violation. 13. Community management (Lessor) reserves the right to, from time to time, amend or adopt policies, procedures or guidelines upon thirty days notice. 14. Payments are to be made by check, money order or cash at the office during office hours or by mail. B. HOME 1. Homes must be maintained to blend with other homes in the community and be in keeping with the general appearance of the community. 2. All homes and home spaces shall be kept in good condition and repair and the exterior will be kept clean, neat, and properly painted at all times. Community management (Lessor) reserves the right to require reasonable repair, maintenance, and improvement of any home for the general upkeep of the community. In order to protect the Community's underground utility 2 lines, Lessee must obtain Lessors written consent before doing any of the following: (1) planting anything in the ground on Resident's site or within the Community; (2) driving stakes, signs, posts, fences or any other similar item into the ground on Resident's site or within the Community' and (3) placing any underground storage tank on Resident's site or within the Community. 3. All exterior home and home space improvements including but not limited to, temporary or permanent additions, alterations, patios, or patio coverings, porches, concrete or masonry work, skirting, utility changes, must be submitted to and approved in writing by Community management (Lessor) prior to any change or installation. •Lessees are advised that they must obtain all government permits at their expense, conform to the applicable building code, and be approved by the appropriate authority. 4. The base of each home shall be fully enclosed by vinyl interlocking skirting or other approved by management material that shall be kept clean and free of holes, gaps, openings or dents. 5. Exterior plastic coverings (windows, doors, screens etc.) are prohibited. 6. Window air conditioners must be self-supporting or bracketed to the side of the home; supports to the ground are not permitted. 7. 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. Electronic or other devices that interfere with other Lessees will not be permitted. 8. 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.) Leaking water faucets, toilets, outside water spigots and other similar items must be repaired by Resident immediately. Each resident is responsible for keeping the site's water and sewer connections from freezing. For example, each Resident must ensure that the heat tape on the site's water line is turned on and working by [October 15th] of each year. 9. Existing oil tanks should be maintained in such a manner that they are level, stable, on a firm footing, rust free, and painted. Lines and tank must be free of leaks and defects and must be environrnentally safe. All tanks should be at least six inches off ground for maintenance and draining water from bottom. 3 C. ;PETS 1. No dogs are allowed to be kept in the park (or across the park boundary) by the lessees. If other pets are kept on the premises they shall not be allowed to become offensive to neighbors. If pets or other animals are found loose in the park and become a nuisance, they may be picked up and disposed of in a humane manner by the lessee himself, please contact the Humane Society, exceptions for dogs -you must have a written medical statement as to why tenants must have dog -eyes, hearing, mental issues, etc. 2. Feeding animals or leaving food or drink outside the home is strictly prohibited. If animals are being fed they will be considered yours. 3. Service animals must be registered with the office with documentation identifying them as service animals. D. YARD AND HOME SPACE 1. Yard care, including weeding at the street line, is the responsibility of Lessee. Lawns must be neatly cut, beds weeded, leaves raked, and bushes trimmed at all times. Grass and weeds must be trimmed to a low and neat level along the base of the skirting as well as steps and porches. Cutting debris must be removed from the street. Community management (Lessor) reserves the right to mow and/or trim any home space that is neglected and charge Lessee accordingly. The minimum charge would be [$50.00]. 2. The planting of trees, shrubs and flowers is permitted and encouraged for improved appearance. However, to reduce the possible damage to underground utilities, please consult with management before digging. All trees, shrubs and flowers become a permanent part of the home space. 3. Community management (Lessor) reserves the right to restrict the size, content, and location of gardens. All gardens shall be small and well maintained. 4. Wasting of water and watering of lawns must be avoided. Due to insurance liability, swimming and wading pools of any kind are not permitted. 5. A very limited number of lawn ornaments and exterior decorations shall be permitted at the discretion of Community management (Lessor). Community management (Lessor) may limit the size, number and type. 6. Lessee may not place or maintain any signs on or within the rented property, other than Lessee's name, address, and seasonal decorations (which must be removed after the applicable holiday or season). In addition, Lessee may place one (1) professional -looking "For Sale" sign which shall be removed within twenty-four (24) hours of the time when the home is no longer 4 offered for sale or one (1) political campaign sign [not more than thirty (30) days prior to election]. 7. Clotheslines may not be erected; however a single pole clothes tree may be installed at the rear of the home, provided it is placed in the collapsed position when not in use. 8. Fences are prohibited. 9. Lessee must clear all snow and ice from all walks and driveways on their occupied home space within 24 hours after the end of any snow, or ice fall. Salt and certain other related materials dare not be used on concrete to melt ice. It will ruin the concrete, products made specifically for melting ice that will not harm the concrete walks and patios may be used. These products are available at hardware stores. 10. All items such as but not limited to lawn mowers, toys, tools, concrete blocks, tires, etc. must be stored inside your home or in an approved shed. No storage outside the home is permitted (except '/2 cord of firewood (4x4x4) that must be stored on a raised platform in the least visible location on the home space). 11. Storage sheds shall be limited to one (1) per home space, must be professionally designed and constructed with vinyl siding or other pre -approved material to match or compliment the home exterior. Sheds must be maintained in good repair and appearance. They must have doorways that are closed if not in use. Community management's (Lessor's) : permission must be obtained prior to placement of a shed on a home space. 12. The burning of trash, rubbish, leaves, or other materials is prohibited. • 13. All garbage and trash must be bagged and placed in watertight containers. Trash containers must be kept tightly sealed, clean, neat and placed away from view. All lessees are required to use township approved trash company. South Middleton will require you to sign up for trash pickup or you will face fines. 14. Each Resident is responsible for maintaining tight drain connection to sewer outlets located at the Resident's home. In order to protect the Community's sewer lines, the following may not be flushed down drains: (1) tampons, sanitary napkins, or any other sanitary product; (2) liners or disposal -type diapers; (3) birth control devices; (4) cleaning towels (cloth or paper); (5) facial tissues; (6) garbage or food scraps; (7) metal, wood, fabric, plastic, rubber or other similar materials; (8) grease (9) cigarette butts; (10) fast food wrappers, etc. Lack of compliance results in overuse of the sewer. Every time we need the services of sewer repair it costs us approximately $300.00. This results in increased costs to us which will eventually be passed onto you in the form of rent increases. 5 15. Attended outdoor grills and chimineas are permitted to be used in the community in accordance with manufacturer's safety instructions. A safety reminder: Fires can start by heat tapes that are old and worn. If you have not checked your heat tape during the last two years (recommended by the local fire companies). We suggest that you do so. We experienced a fire in the community some years ago involving a worn heat tape. Fortunately the lessee was home saw the smoke and had a fire extinguisher. E. VEHICLES 1. Only currently licensed and inspected vehicles in good repair and appearance, which are used on a regular basis, are permitted in the community. Vehicles leaking gas or oil must be removed from the Coinmunity and any residue on the street or driveway must be cleaned. Community management (Lessor) may reasonably limit the number of vehicles parked in the community by Lessee. 2. The right to park in the community is limited to Lessees and their guests. Guests must be visiting with a Lessee at his/her home in order to park in the community. Lessee or his company should avoid parking vehicles in other lessees parking spaces. Parking is limited to two vehicles on the paved surface provided at the home space. Driving or parking on grass, patios, or common areas of the community is prohibited. 3. A speed limit of ten (10) miles per hour, or as posted, must be observed at all times. 4. Vehicle repair, overhaul, and draining of oil or radiators are prohibited. 5. Overnight parking or storage of commercial vehicles, tractor cabs, stake -body, service -body, dump -body or utility -body type trucks are not permitted in the community, unless prior written consent of the Landlord is obtained. 6. Boats, trailers and recreational vehicles are prohibited at the home space except for a short period (up to two days) to load or unload before or after use, unless there is sufficient space. In -community use is prohibited. 7. With the exception of equipment operated for the maintenance and/or improvement of the Community, the following are not permitted at any time in the Community: (1) mini -bikes; (2) dirt bikes (3) dune buggies; (4) go-carts; (5) 3 -wheelers; (6) 4 -wheelers; (7) snowmobiles; (8) immobilized or disabled vehicles; (9) vehicles over 1 ton in gross vehicular weight; (10) unregistered vehicles; and (11) vehicles with loud engines. 6 F. COMMUNITY LIVING Communitymanagement (Lessor) reserves the right to eject or prohibit entry to any individual who causes a disturbance or becomes a nuisance. 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 caused to the property of the community or others. Drunkenness, loud parties, acts of inappropriate conduct as determined by management or any activity that disturbs the peace and tranquility of the community is prohibited. 2. No peddling, soliciting or commercial enterprise is allowed in the community without the written consent of Community management (Lessor). 3. Noise, whether from televisions, radios, voices, mufflers, or other sources, which are disruptive or objectionable as determined by management, is prohibited. Noise levels shall be further reduced between the hours of 10:00 P.M. and 7:00 A.M. for the benefit of all Lessees. Power lawn mowers, saws, etc. should not be used on Sunday. The lessor suggests that before you call the office about loud noise, you first talk to your neighbor and calmly explain how he is causing a problem, he will probably not want to trouble you. 4. Trespassing on another home space is prohibited. Parents should know where their children are and what they are doing -they are responsible. 5. Individuals are not to play in the roadways. Bikes, toys, etc. are not to be left or parked on the roadways, sidewalks or lawns when not in use. 6. Air rifles, BB guns, bows and arrows, pellet guns, fireworks, etc. and weapons of any type may not be discharged or displayed in the community. 7. Any violation of federal, state or local laws and ordinances shall be considered a violation of these policies and guidelines. In the case of criminal acts against the lessee like vandalism, theft, etc., lessee should report the same to the State Police immediately. 7 8. Conviction of any drug related offense shall be the basis for immediate termination of the rental agreement. Conspicuous immoral or illegal practices will not be permitted, illegal use of drugs -the following acts relating to illegal drugs shall be a breach of condition of the lease and shall be grounds for removal of the lessee from the community. A. The illegal sale or distribution of any drugs in violation of the act of April 14, 1972 (P.L.233, NO.64), known as the controlled substance, drugs, device and cosmetic act, on .any portion of the community. B. The second violation of any of the provisions of the controlled substance, drug, device and cosmetic act on any portion of the community. C. The seizure by law enforcement officials of any illegal drugs in the home in the community. 9. Individuals must conduct themselves in a manner to maintain a safe, clean, quiet and healthy community at all times without creating interference with other individuals. G. STORAGE 1. Permission by Lessor to Lessee to use the storage space shall be revocable by Lessor. 2. No paints or flammable/hazardous material may be stored in the storage space. 8