HomeMy WebLinkAbout14-5064COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. /11' 50 ("/ etV,
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge on the date and in the case referenced below.
CeMtrE OF APPELLANT O\L.01\11:lit...I
ADDRESS OF APPELLANT
&wtb-k- rlvo C
MAG. DIST. NO.
DATE OF JUDGMENT IN THE CASE OF (Plaintiff)
0
012 014
DOCKET No.
CITY
NAME OF MDJ
kO1Ln tts• Sk Col.
STATE
0 16
ZIP CODE
Pr\-- WI 30+ ET- Db cxo 3-o)14
VS
SIGNATURE OF
PELLANT
(Defendgnt).
(C.6 FaZt_
ATTORNEY OR AGENT
This block wiU be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10083. '
This Notice of Appeal, when received,by, the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgrnent for possession in this case.
Signature of Prothonotary or Deputy
appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
before a Magisterial District Judge, A COMPLAINT MUST BE FILED
within twenty
(20) days after filing 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 Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District
Judge. IF NOT USED, detach from Copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
(Common Pleas No.
19t, s
Name
appellee(s), to file a complaint in this appeal
of appellee(s)
) within twenty (20) days r service o suffer entry of judg • -nt of non pros.
Signature of appellant attorney or agent
RULE: To CA(ACA.Ale. LU&OlA ,941lee(s)
Name o 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 MAY BE ENTERED AGAINST YOU.
(3), Tris date bf service of this rule'if service was by mail is the date of the mailin
Date: VINVA1ASNN3d
- • • ::1 • AINnoo ativirnewnJ
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY -& OFIVMMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-05
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript
COUNTY OF CUMBERLAND - Residential Lease
Mag. Dist. No: MDJ-09-3-04 Leiby's M.H.C.
MDJ Name: Honorable Kathryn H.Silcox V.
Address: 5275 East Trindle Road Charles L Haag, Susan Haag
Suite 110
Mechanicsburg, PA 17050
Telephone: 717-697-2201
Susan Haag Docket No: MJ-09304-LT-0000092-2014
215 Key West Blvd Case Filed: 7/23/2014
Carlisle, PA 17015
Disposition Details
Grant possession. Yes
Grant possession if money judgment is not satisfied by the time of eviction. No
Disposition Summary (cc-Cross complaint)
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09304-LT-0000092-2014 Leiby's M.H.C. Susan Haag Judgment for Plaintiff 08/26/2014
MJ-09304-LT-0000092-2014 Leiby's M.H.C. Charles L Haag Judgment for Plaintiff 08/26/2014
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Charles L Haag $1,063.38 $0.00 $1,063.38
Leiby's M.H.C. $0.00 $0.00 $0.00
Susan Haag $1,063.38 $0.00 $1,063.38
Judgment Finding (*PostJudgment)
In the matter of Leiby's M.H.C. vs. Charles L Haag; Susan Haag on MJ-09304-LT-0000092-2014, on 8/26/2014 the judgment was
awarded as follows:
The amount of rent per month,as established by the Magisterial District Judge,is$353.00
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amoun
Rent in Arrears $901.08 $0.00 $901.08
Filing Fees $108.50 $0.00 $108.50
Costs $14.00 $0.00 $14.00
Server Fees $39.80 $0.00 $39,80
Grand Total: $1,063.38
Portion of judgment for physical damages arising out of residential lease: $0.00
MDJS 315A Page 1 of 3 Printed:08/26/2014 10:33:43AM
Leiby's M.H.C. Docket No.:'--MJ-09304-LT-0000092-2014
V.
Charles L Haag, Susan Haag
IN AN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION
WITHIN TEN DAYS AFTER THE DATE_OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE
ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,IF ANY.
IN ORDER TO OBTAIN A SUPERSEDEAS,THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER
OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.HOWEVER,LOW-INCOME AND/OR
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J.NO.1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE,THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS,CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF
APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME
FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS,,ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIALDISTRICTJUDGE IF THE JUDGMENT DEDTOR
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date The Honorable Silcox
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:08/26/2014 10:33:43AM
Leiby's M.H.C. Docket No.: MJ-09304-LT-0000092-2014
V.
Charles L Haag, Susan Haag
Participant List
Plaintiff(s)
Leiby's M.H.C.
7075 Carlisle Pike
Carlisle,PA 17015
Defendant(s)
Charles L Haag
215 Key-West Blvd ._
Carlisle,PA 17015
Susan Haag
215 Key West Blvd
Carlisle, PA 17015
MDJS 315A Page 3 of 3 Printed:08/26/2014 10:33:43AM
IN THE COURT OF COMMON PLEAS OF Cl l r l h COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
beA A 1C
Plaintiff
VS. No.C1G,nco OA
�LS�N �1RP�`1
Defendant
PETITION TO PROCEED IN FORMA PAUPERIS MOO
<� co �
TO THE PROTHONOTARY: x* CD
yA c� =Z
t=C c
The Petition of respectfully represents:
1. I am the 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: p
(a)Name: a(I (A C (�
Address: ��� 1�et 1 'JU� \�` )
Soc. Sec. No.: - 41)
(b) Employment--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:
Salary or wages per month:
Type of work:
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest: (,
Dividends: t� _
Pension and annuities:
Social security benefits:
Support payments: (
Disability payments:
Workman's compensation:
Public assistance:
Other: P
(d) Other contributions to household support
Spouse's Name: JQM 'Q�S( �
If your spouse is employed, state t,
Employer:
Salary or wages per month:
Type of work:
Contributions from child(ren):
Contributions from parents:
Other contributions:
(e) Property owned
Cash:
Checking account '. �3
Savings account:
Certificates of deposit: ]
Real estate (including home)C�`3,vUJ
Motor vehicle: Make: ; Year: ISZ
Cost L Q)6 ; Amount owed`3,
Stocks: Bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent: 3 uu. 0o
Loans:
Other:
Electric t-�>pC)
Water k 1 tj .
Telephone 1
Cable
Credit cards%U�0•
Auto Insurances
Gasoline % %D
Food% �15Z
(g) Persons dependent upon you for support
Spouse's Name: S0,�A w ox)
Child(ren), ifany:.NtlUW iM �� (J� h VGA6
Name(s) and age(s):
Other persons: Name: SK,1 �G- �L zac(
Relationship: uw�
C
00 �r`�"�Wl PC. C.� �w e-� C�.
4. I 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.
Date Petitioner
COMMONWEALTH OF PENNSYLVANIA . ly - 566
PLAINTIFF: NAME and ADDRESS
COURT OF COMMON PLEAS —�
rLt,li�,,`s
County Of
vs.
DEFENDANT: NAME and ADDRESS
C��c teo -Wa-a-9 . s
aLF-) � vv t6i Nod
l -SL t f),A 1_ ]61�P- J
Common Pleas Docket No.
TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8)
FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2)
carils'Ll 04\
Su scan
(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 authbri ' s.
Date GNArTJ
TURE OF TENANT
r r
a.
AOPC 312-08(B)
LEIBY'S MHC, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHARLES HAAG AND SUSAN HAAG, :
DEFENDANTS : 14-5064 CIVIL TERM
DER OF COURT
AND NOW, this day of September, 2014, the Petition of Charles Haag
to Proceed in Forma Pauperis is GRANTED. The Defendant may proceed without payment of
filing fees or costs.
By the Court,
Albert H. Masland, J.
Charles Haag
215 Key West Blvd.
Carlisle, PA 17015
:sal
Y►
9 ape/
Li
HF OF F "C
20 14 SEP -4 3
CUMBERLAND 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 Cii",WA
AFFIDAVIT: I hereby (swear) (affirm) that I served
ss
El a copy of the o Appeal, Common Pleas
(date of service) , 20 1.4.
sender's receipt attached hereto, and upon the
, 20 ILI lab, personal servicen
sender's receipt attached hereto.
(SWORI4AFFIRMED4Up suopRIBED BEFORE ME
THIS 9DAYOF 7 20 Pr
Signature of officialfore om affidavit was
1q --q
No. , upon the Magisterial District Judge designated therein on
3„. by personal service ID by (certified) (registered) mail,
appellee, (name)Lti I(?inM- .0
by (certified) (registered) mail,
71-4e,,,,ci-c•PY
De,ov-r
Title of official Pronoakary, Cumberland County,Sarlisle, PA
My Commission Eipires the First Monday °Nat.' 2018
My commission expires on , 20
AOPC 312A - 05
gnatu
ak_aileS 1._ 4441
LEIBY'S MHC, LLC,
v.
CHARLES L. HAAG
and
SUSAN HAAG,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Defendants
: NO. 14-5064 CIVIL
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so, the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
Telephone: 800-990-9108
1
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
Telephone: 800-990-9108
2
LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
CHARLES L. HAAG
and
SUSAN HAAG,
Defendants
: NO. 14-5064 CIVIL
COMPLAINT
AND NOW, comes Plaintiff, Leiby's MHC, LLC, by and through its attorneys, Pecht &
Associates, P.C., and avers the following:
1. Plaintiff is Leiby's MHC, LLC, ("Leiby's"), a Maryland limited liability company, which
owns a manufactured housing community ("MHC") located at 7075 Carlisle Pike,
Carlisle, Cumberland County, Pennsylvania.
2. Defendant Charles L. Haag is an adult individual and is a resident of Leiby's MHC at
Lot 220, 215 Key West Boulevard, Carlisle, Cumberland County, Pennsylvania.
3. Defendant Susan Haag is an adult individual and is a resident of Leiby's MHC at Lot
220, 215 Key West Boulevard, Carlisle, Cumberland County, Pennsylvania.
4. Plaintiff obtained a judgment against Defendants on August 20, 2014, in Magisterial
District Number MDJ-09-3-04 before the Honorable Kathryn H. Silcox for possession
and for damages in the amount of $1,063.38.
5. On or about August 28, 2014, Defendant Charles Haag filed a Notice of Appeal and a
Praecipe to Enter Rule to file a Complaint (which was addressed to the wrong party).
6. Lisa Haag is an adult individual who was a resident of Leiby's MHC and who was
previously evicted from the manufactured home community.
7. However, instead of moving off the premises of Leiby's MHC as required by the rules of
the MHC, Lisa Haag moved into the residence of Defendants, at Lot #220 without
permission of Plaintiff.
3
8. By the terms of their lease, Defendants are not to permit any other person or persons to
reside in their home unless prior approval to do so is received from the management of
the MHC.
9. Furthermore, not only did Lisa Haag move into Defendants' residence, but Lisa Haag
moved her boyfriend and two (2) minor children into the residence as well, all in
violation of the applicable rules.
10. The applicable rules of the MHC require a tenant of the MHC to obtain prior approval
before any persons, who are not listed in the lease, may reside in the home.
11. Therefore, Defendants are in violation of rules 13, 23, 27 and 32 of the Rules and
Regulations of the MHC.
12. Further, Defendants are three months behind in their rent and are in arrears in payment of
utilities and late fees. As of November 6, 2014, Defendants owe rent, late charges, and
utility charges in the total amount of $ 2,592.00.
13. Therefore, Defendants are in breach of their lease for failure to pay rent when due as well
as for breach of their lease and violation of the Rules and Regulations of the MHC.
14. When Defendants filed their appeal they were required by Pa.R.C.P.M.D.J. Rule 1008 to
pay their rent into escrow in order to obtain, and maintain, a supersedeas.
15. Plaintiff has complied with all prerequisites in terms of providing a first notice to
Defendants (see Exhibit "A" attached and made a part of this Complaint) and a second
notice (see Exhibit "B" attached and made a part of this Complaint).
16. Therefore Plaintiff is entitled to possession and is entitled to the award of damages,
including costs of the suit and reasonable attorney fees as provided for in Paragraph 18 of
the Defendants' Lease (see Lease attached hereto and made a part of this Complaint as
Exhibit "C").
17. The total amount in controversy is less than Fifty Thousand Dollars ($50,000), exclusive
of interest and costs.
WHEREFORE, Plaintiff requests possession of the premises known as Lot # 220 and
requests that Charles L. Haag and Susan Haag, and all other persons who are living in their
home, be evicted from the premises, and further, that Charles L. Haag and Susan Haag be
4
ordered, jointly and severally, to pay back rent, utilities, and late fees, in such amount as is
determined to be due at the time of the hearing in this matter.
Respectfully Submitted,
PECHT & ASSO
By:
Dated: December I V 2014
5
Way ' ►i . ' echt, Esquire
PA ! No. 38904
Rob Bleecher, Esquire
PA ID No. 32594
650 North Twelfth Street, Suite 100
Lemoyne, PA 17043
(717) 691-9808
(717) 695-6550 Facsimile
wpecht@pechtlaw.com
Attorneys for Plaintiff
VERIFICATION
I, Beth Graves, hereby acknowledge that:
1. I am the Property Manager of Plaintiff, Leiby's MHC, LLC, and I am authorized
to sign this Verification on behalf of Plaintiff;
2. The facts set forth in the foregoing document are true and correct to the best of
my knowledge, information, and belief; and
3. I am aware that any false statements that may be made herein are made subject to
the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Dated:
6
LEIBY'S MHC, LLC
By:
Beth Graves, Property Manager
CERTIFICATE OF SERVICE
I, Rob Bleecher, Esquire, an attorney for Plaintiff, hereby certify that I have served the
Foregoing Complaint on this date, by depositing a true and correct copy of the same in the
United States mail, first class postage prepaid, addressed as follows:
Charles Haag
Susan Haag
215 Key West Boulevard
Carlisle, Pennsylvania 17015
Dated: December ( 6 , 2014 By:
7
PECHT & ASSOCIATES, RC.
Rob B
er, Esquire
Leiby's
Manufactured Home Community
7075 Carlisle Pike
Carlisle, PA 17015
(717) 697-1321
DATE (eIJ
FIRST NOTICE
Leiby's Manufactured Home Community
RESIDENT
OvIckr
l7.ar� C• .4. 6) SV `��,.�., {r1. C `L
.r -
ADDRESS •S
Carlisle, PA 17015
Dear 12_.Z,
1 t,8 -
LQT" Z- Z 0
Pursuant to Pennsylvania Act No. 261 of 1976, and the Notice provided to you as required by --
that Act, this is to notify you that the Rules and Regulations governing your tenancy of the above
lot provided in Section S . _ y .L - that you must perform as follows:
1- ) 27,0,,,Nc),-37 (OnC iv, c
`i
You have breached this provision of the Rules and Regulations in that you have failed to perform
as required above in the respects: A
pi u r C4,k,' o t-1 Z j,,J 5.,)
+0 (iv v1v vQkr h vn , LISC c Vre.-e
t�.• li 1 L- ' . _fro r'l L,'3 vy tvvv `l tib, C' `i h 4 1 ix i'-
ra Py-- ;,1 , itz.c.1 of r . trip' c�,nd yn u s -t T C, Ctve.a
This is to notify you that if you again breach the terms of this Lease or again violate the Park
Rules. and Regulations in the manner described above or in any other manner, within six (6)
months from the date of this letter, we may commence eviction proceedings at any time within
thirty (30) days after the second or subsequent violation or breach without further notice to you.
•
i Ll
"to Ct'v'')i d gout..0 eyic-hoin, ..
Sincerely,
Property Management
Leiby's Manufactured Home Community
My documents/Park Specific Forms/pa-not 1. doc 03/04
DATE
1J>Icy
RESIDENT
ADDRESS
LEIBY' S MHP
7073 CARLISLE PIKE
CARLISLE, PA 17013
(717) 697-1321
SECOND NOTICE
CA\et,r S6S0-.11--\ out c-
d
Dear �i�.-5j
Pursuant to Pennsylvania Act No. 261 of 1976, and the Notice provided to you as required by
that Act, this is to notify you that the Rules and Regulations governing your tenancy of the above
lot provided in Sections [ k / 7 that you must perform as follows:
U vio rCZr' c �21� SIi'!l r1 )' kvOrn ...,
You have breached this provision of the Rules and Regulations in that you have failed to perform
as required above in the respects:
14 (SCh i 7 c 6\' 3 . S l--oivo edct- 'lc Lc. -!S S 1 e1"Y\ -it,2:(
on .a r��� F'0 ; rQ t. c,
\ ) Gop`.{ C cu rrt- + lJ11 t t1 Q141.c,G‘ s 1-‘o S
This violation must be corrected within thirty days of the date of this notice IL/ .
This is to notify you that if you again breach the terms of this Lease or again violate the Park
Rules and Regulations in the manner described above or in any other manner, within six (6)
months from the date of this letter, we may commence eviction proceedings at any time within
thirty (30) days after the second or subsequent violation or breach without further notice to you.
YZ�t,v ck,“:c,0-5S-q
�n• � r t h 0 v CSF- Os
Sincerely,
` 4
Property Management
My documents/Park Specific Forms/pa-not2.doc 03/04
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
item 4 if flestricted Delivery is desired.
▪ Print your name and address on the reverse
so_that we can return the card to you.
II Attach this card to the back of the mallpie•
or on the front if space permits.
1. Article Addressed to:
COMPLETE THIS SECTION ON DELIVERY
A. Sig
X
❑ Agent
0 Addressee
Recetved by (Printed Name)
15 K ► fl
c& -'P' 110 15
C. Date of Delivery
ery address different from item 1? 0 Yes
enter delivery address below: 0 No
3. Serttiice Type
)(Certified Mall° 0 Priority Mail Express"
0 Registered 0 Return Receipt for Merchandise ,I
0 insured Mall 0 Collect on Delivery
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number 70 34
.09 ]10.'0000 9191 2965
(1tansfer fromservice label
PS Form 3811, July 2013 Domestic Return Receipt
7009 3410 0000 9191 2965
U.S, Postal Service
CERTIFIED MAIL,.., RECEIPT
(Domestic Mail Only: No Insurance Coverage Provided)
For delivery information visit our website at www.usps.com,,
OIFFr.CIAL:..U$E
Postage
Certified Fee
Retum Reoelpt
(Endorsement R
Restricted De
(Endorsement R
k
Total Postage Feet
Sent to
My, State, ZIP+4
WA 7 -toil-
PS Form 3800. August 2005 See Reverse for Instructions
LEIBYS MHC, LLC
7075 CARLISLE PIKE, CARLISLE, PA 17015
717-697-1321
Residents Initials C - ) 5 F
TABLE OF CONTENTS
1) ...Description .:3
2)...Terms 3
3)...Rental amount and terms 4
4)... Security deposit 5
5)...Home description 5
6
7)... Vehicles ...6
8)... Sale or transfer of ownership 6
9)...Home and lot maintenance 7
10)... General 7
11)...Installation 8
12)...Termination of the Rental Agreement.......... 9
13)...Abandonment of the home by the resident 9
14)...Removal of home at residents decision .9
15)...Removal of home by Community owner 9
16)...Disclosure statements 10
17) .. .Non -waiver 10
--------1-8)::-Legal fees, court -fees, attorney fees :.:....:.:. z 10
19)... Survivorship 10
20)...Community Standards 11
21)...Amendments, changes, updates 11
22)...Required resident, insurance r`:: 11
23)...Notices ; . .11
24)...Application of residency 11
25)...Residents:personal proPerty 11
26)...Community owners liability
...11
27)...OFAC 12
28)...Parties bound/signature page 12
6)...Use of rented site and common areas
PENNSYLVANIA LEASE/LEIBYS ''HC, LLC
Page 2
PENNSYLVANIA LEASE;'LEIBYS MHC, LLC
Residents Initials �.
LEIBYS
Manufactured Home Community
7075 CARLISLE PIKE CARLISLE, PA 17015
717-697-1321
PENNSYLVANIA LOT RENTAL/LEASE AGREEMENT
This is a Rental Agreement made and entered into this S"day of
1 -✓4-41 , 02011 , by and between
LEIBYS MHC, LLC, hereinafter "Community Owner", and C10 e «s 4-416 5-40 .4."/
, hereinafter "Resident".
In consideration of the mutual covenants hereinafter expressed, and in compliance with the requirements of
"The Mobile Home Rights Act of 1976" also known as "Act 261" governing the relationship between
Resident and Community Owner, the parties hereto agree as follows:
1. DESCRIPTION OF PROPERTY TO BE RENTED/LEASED:
Community Owner hereby rents unto Resident and Resident rents from Community Owner, Manufactured
Home Space; Lot #:. 02(20 and address: d I s' kc� G%£s i (je v& £ 4e iSLc j Pig. / lad" to
be used and occupied only for residential purposes.
The Resident rents a plot of ground within the community described as follows:
Approximate Length (These are only approximate and are not legally binding): -
/
The ground from the inner edge of the front sidewalk or roadway to the lot line to the rear of the mobile
home.
Approximate Width (These are only approximate and are not legally binding): 3y
2. TERM
This is a Month -to -Month Rental Agreement:
The term of the Rental/Lease Agreement shall commence the 5411 day of Tui.y , 20 //,
and continue in full force and effect for a period of one month and month-to-month thereafter starting on the
first day of the month and concluding on the last day of the month. However, either Community Owner or
Resident may terminate this Rental/Lease Agreement as of the end of the initial term or any extension
thereof by giving at least Thirty (30) days' prior wr en notice to the other. In the event Resident occupies
the aforesaid spac prior to the beginning date e rent for such prior occupancy shall be prorated and all
cov : : nts/obl' .tions sha,,.. in effect d g the prorated period. Occupancy is defined as the date this
Resident's Signature
3. RENTAL AMOUNT AND PAYMENT TERMS
Resident agrees to pay a monthly base lot rent fee of $ 34'S, a 0 per month due on or before the first
day of each month without notice to the Community Owner. This .amount is based on two occupants per
home. Any more than two occupants per home will incur an additional charge per occupant. All rents and
other payments will be made at the Community Office or a place designated by the Community Owner. All
rent will be made payable to Leiby's MHC. When made, all payments will he applied to past due amounts
first in the following manner: Late, court, utility, and "other" fees first, COS payment second, and rent
payment last for that particular month which is most delinquent: If any portion of the base rent, COS,
utilities, Tate/court fees, or "other" charges or assessments are not paid by the fifth (5th) of the month, a late
fee of Fifty (50.00) dollars will he charged for that month. Community Owner reserves the right to take
legal action against the Resident for non-payment of rent after the first (1") of the month should the rents
not he paid AND the situation warrants this action. A Twenty Five (25) dollar fee will be charged on all
checks that are returned by a hank for any reason. Should a resident have two checks returned by a bank for
any reason during the period of the lease, Community Owner will require future payments made by or on
behalf of that Resident to he either certified check or money order only. All rents arc to he paid by a check
or money order only. No cash will be accepted at the Community office. Rents'will only he considered paid
when they are in the Community office.
Other monthly charges due on or before the First (1``) of the month include but are not limited to:
- - _
All charges are based on a monthly charge unless otherwise noted. An administrative fee, mailing fee,
billing fee, meter reading fee, or similar fee may he charged and/or included with the utility charges/fees.
Water:
Included in base rent
A flat fee of per month
✓ Resident billed directly by utility company
V Sub -metered, usage billed to the Resident based on the amount of gallons used
Sewer: Included in base rent
A flat fee of per month
Resident billed directly by utility company
V' Sub -metered, usage billed to the Resident based on the amount of gallons used
Trash: Included in base rent
./ A flat fee of /e.. -D per month
Resident billed directly by utility company/waste hauler
Taxes:
Included in the base rent
A flat fee of per month
Resident billed directly by the taxing authority unless otherwise noted
Pet Fee: rip/ A flat fee of per month per pet
Other:
PENNSYLVANIA LEASE/LEIBYS MHC, LLC
Page 4
6. USE OF RENTED SITE/COMMON AREAS
A Occupancy- The Resident shall occupy the demised premises only for the use of placing a manufactured home
for his/her own dwelling purposes. Occupancy will be limited to two (2) persons per bedroom. The manufactured home
may only be occupied by those individuals who appear on the rental application, the lease agreement, community
standards/rules, and have been approved to live in the community. The primary individual:oh tbe::title must reside in the
manufactured home.
B Resident information- The resident agrees to provide the Community Management with updated information
pertaining to all occupants residing in the mobile home and other information deemed necessary by Community` Owner.
C Sublease/Subletting- The Resident shall not assign this Rental/Lease Agreement or sublet the premises or any
part thereof The site shall be occupied by only those person(s) whose names appear on the Rental/Lease Agreement.
The Resident shall not put the manufactured home or the premises --the possession of another party while the home is on
the rented lot without the prior written approval of the Community Owner. Community Owner may at its sole discretion
rent homes within the Community that are Community owned.
D Resident shall not make any alterations, additions, -tor improvements on any space or any manufactured home
located thereon without first obtaining the prior written approval of the Community Owner pursuant to the procedures
---more--fully set -forth in -the Community Standards.
E All Residents, Guests, or invitees, shall act in accordance and rtompliance with all Federal, State, and Local
statutes, ordinances, rules and regulations, Community Standards, and laws A violation of any of these aforementioned
will be deemed a violation of your Rent/Lease Agreement
F All pets must be approved and registered with the Community Manger PRIOR to the pet being allowed within the
Community. Resident agrees to comply with all petstipulations and rules set forth by the Community Standards including
the completion and signing of a pet agreement.
G No Resident shall interfere with another residents desire to enjoy the Community in a lawful and respective
manner. Loud and profane language will not be permitted in the Community. Stereos and televisions will be kept to a
level as not to disturb or be heard on another residential lot within the community. The playing of "Loud" musical
instruments such as drums are strictly prohibited. The Resident is responsible for all actions of their children, guests, or
invitees while in the Community.
7. VEHICLES
All vehicles within the community must be registered, currently licensed, have current valid inspection, operable, in
good repair, and properly insured. All vehicles and conduct pertaining with or to vehicles as outlined in section Eight (8)
of the Community Standards will be strictly enforced and Resident agrees to abide by all terms and conditions contained
therein.
8. SALE OR TRANSFER OF OWNERSHIP/TITLE
All Residents of the Community must be approved prior to the purchase of a home within the Community by the
Community Management. Residents are required to give a written Thirty (30) day notice of intent to sell the Residents
home. Residents and or prospective Residents agree(s) to all terms set forth in sections One (1), Two (2), Three (3), and
PENNSYLVANIA LEASE: LEIBYS MHC, LLC
Page 6
Residents Initials
Four (4) of the Community Standards pertaining to the resale and transfer of ownership of a home.
9. HOME AND LOT MAINTENANCE
All residents must keep their lot and home in a well kept manor. The lot must be maintained in accordance with the
Community Standards so as to present a neat and attractive site. Failure of the tenant to do so may result in the
Community Owner performing such up keep at the Residents expense. All items not in use must be stored away. The
patio and decks are for lawn furniture, barbeque grills, and the like. This area is not to, be used as open storage. Homes
and any accessory buildings/structures are to be kept in a good condition. The ,exterior of any structure needs
maintenance from time to time which is the sole responsibility of the Resident. Any Resident wishing to paint their home
or being required to by the Community Owner shall do so with an approved color. Failure to maintain the exterior of your
home is a breach of lease. No trash or rubbish will be permitted to accumulate around your home: or on dour lot:
Any plantings or digging of any kind must be done after written consent of the Community Owner. Anyone who
foregoes this consent, will be held liable for any damage to underground utilities and holds the Conununity Owner and
their agents harmless. If any Resident has a contractor working on their lot or home, said contractor must have liability
insurance coverage for such work. Resident agrees to notify Community Owner of any defective conditions in the
Community immediately.
10. GENERAL
A) Resident _agrees to dispose of all rubbish, garbageand other .waste materials in a clean and sanitary manner.
Resident agrees to pay for telephone, electricity, taxes, oil and propane, and garbage/trash collection charges due for
services to the premises during the term of this Rental/Lease Agreement or any extension thereof Resident agrees to be
responsible for the connection and maintenance of electric lines between the service pole and the manufactured home.
B) If the manufactured home located upon:. the lot is rentedto the Resident, the Resident is responsible for keeping the
home and all of its parts including, but not limited to, plumbing fixtures, cooking, refrigeration equipment, and electrical
fixtures in a rented manufactured home unit in a clean and sanitary condition. The Resident is responsible for the
exercise of reasonable care in their proper use. Batteries for the smoke detectors in the rented homes must be serviced
regularly by the Resident.
C) All Residents, guest's, invitee's, or family members must abide by all of the Community Standards concerning the
use, occupation, and maintenance of the premises, either incorporated by reference in this Rental/Lease Agreement,
referenced in the Community Standards, or brought to Resident's attention at the time of the execution of this
Rental/Lease Agreement.
D) The Resident hereby agrees that he/she will abide by AND sign the Community Standards as attached hereto, and
incorporated herein by reference, as well as any additional or amended Rules which may be changed, altered, or enacted
with proper notice as required by Jaw. Thirty (30) days' written notice of the change in the Rules will be given to the
Resident prior to the. effective date of the revisions. The Resident understands that violations of these Rules/Community
Standards shall constitute a breach of this Rental Agreement and be grounds for termination of the Rental/Lease
Agreement.
E) The Resident shall not permit others in the manufactured home unit without his/her consent nor shall the Resident
allow others to willfully or wantonly disturb the peaceful enjoyment of the premises of other Residents and neighbors.
F) Guests staying with the Resident for a period of over ten (10) days must apply and be registered with Community
Management, and the length of the stay must be approved. All guests must abide by Community Standards, and any
infraction of the Community Standards will be considered grounds to require the guest to immediately leave the
Community. The Resident is responsible for the actions and conduct of invited guests and occupants. Any breach of the
PENNSYLVANIA LEIBYS MHC LLC
Page 7
Rental/Lease Agreement or the Community Standards by invited guests or occupants shall be deemed to be a breach by
the Resident and may constitute grounds for an action for summary possession or eviction.
G) The Resident agrees that the Community Owner and the Community Owner's agents, employees, or other
representatives, shall have the right to enter into and upon the said premises consisting of the lot which is the subject of
this Rental/Lease Agreement, or any part thereof, at all reasonable hours, for the purpose of examining the same or
making such repairs or alterations therein as may be necessary for the safety and preservation thereof. This clause shall
not be deemed to be a covenant with the Community Owner nor be construed to create an obligation on the part of the
Community Owner to make such inspections or repairs. If the Resident is also renting,the-manufactured home, then the
Resident authorizes Community Owner, its agents, employees or other representatives to enter into the home for the
purpose of maintenance or to show the home to a prospective purchaser or renter after giving notice asrequired by law.
H) Resident may not place any aboveground or underground storage tanks on the ses without the prior written
consent of the Community Owner. It shall be the Resident's sole responsibility to comply with all existing:;` and future
statutes, rules, regulations, ordinances, and orders related to the storage tanks (including pipes and equipment connected
thereto) on the premises, and to keep and maintain the tanks in good condition and: repair, such that they do not leak or
present any harm or threat of harm whatsoever to the Premises, the public safety and welfare, or >`tii`e environment.
Resident shall indemnify and hold harmless Community Owner. m against any and all expenses, liabilities, or costs
of any kind or nature, including attorney's fees, arising out of, caused by, or°relte`in any way to Resident's installation,
ownership, operation, maintenance, or closure of the storage tanks. Upon termination of this Rental/Lease Agreement,
Community Owner may at its sole discretion require Resident to remove the tanks andtclean zip and restore the Premises
back to the original conditions. A violation of this' -Section`' shalt constitute a maten.aI breach of this RentalfLease
Agreement. — In -addition to any other remedies available, -upon R±ident's failure to comply with this Section or obtain the
compliance with this Section.
Community Owner's approval to maintain thelanks on the Premises, Community Owner may, but is not obligated to, (1)
order the Resident to remove or repair the:tank an ore the `site, (2) without waiving its right to indemnification or to
pursue any remedies available, remove:- or+repair the tank and restore the property itself at the Resident's expense, and/or
(3) terminate this Rental Agreement. ` Community Owier, shall have .the right to inspect the Premises to ensure
11. INSTALLATION
All new homes to`:the community .must be installed:torn all local, state, and federal building codes that apply. A
building permit is required and a third party inspection must be performed as a condition of occupancy whether the local
building codes office requires such inspections or not. A copy of said inspection and building permit must be provided to
the Community Owner on demand. Any contractor; working in the Conununity is required to have insurance coverage in
an amount that is commonly deemed as acceptable for the type of work being completed.
a) All homes must have an approved footer system to prevent frost heave and meet all building codes and be set up
by a licensed contractor.
b) Allhomes must be tied. down in accordance with the manufactures requirements or the UCC code which ever is
more stringent:..
c) All homes must be skirted with materials specifically manufactured for use as mobile home skirting only. All
materials must be approved by the Community Owner prior to the installation of such materials.
d) Utilities must be hooked up in a workmanship like manor as to be neat and pass all building codes pertaining to
such installation. The water line must have a shut off valve at the home, a back flow preventer valve installed, and a
heating tape.
e) Steps (Which are considered a part of the home structure) must be built to meet local codes and must have a four
(4) foot by four (4) foot landing. Any deck larger than this must have approval from the Community Owner prior to the
construction of said steps/deck. The granting of a permit by a local building inspector does not represent permission by
the Community Owner to construct a non-compliant structure.
f) No deck, patio, or carport may be enclosed by any materials as to provide another room to the structure.
g) No fences are allowed on a Residents lot unless it is placed there by the Community Owner.
h) Additional structures (Sheds, gazebos, carports, etc) shall be held in strict compliance with the Community
Residents Initials
Standards.
12. TERMINATION OF THE RENTAL AGREEMENT
This Rental/Lease Agreement shall be terminated by either party with a Thirty (30) day written notice from the
date of service and in accordance with all applicable law. Failure on the Residents behalf to give written notice, will
negate any monies held as a security deposit from being returned to the Resident. A violation.; of the Lease Agreement or
of the "Community Standards" will be grounds for the termination of the Rental/Lease:Agree iient. It is agreed to by the
Resident that the premises will be returned to the Community Owner in the same condition or better condition than when
received with the exception of reasonable and ordinarily accepted wear.
13. ABANDONMENT OF HOME BY THE RESIDENT
If any manufactured home is left abandoned in this Community for aperiod of thirty (30) days or more, the Community
Management may enter the home, secure any loose or movable appliances, furnishing, materials or supplies, and move
the home to a storage area or other location at the Resident's expense_ The home will be considered abandoned if no one
is living in the home, the rent is not paid in full, and if any of the following, water, sewer, electricity, phone, TV cable,
and mail delivery, have been disconnected or services terminated. The Community Owner will have no responsibility for
safeguarding the manufactured home or its contents regardless of whether the home has been moved or not. Any Resident
who abandons their mobile home on our property will be subject to all legal remedies available to Community Owner for
the removal of said home, clean up of the lot; anti all rents still owed on the Leased property until a time that the lot is
made to a condition of being able to be leased again All rents, fees, and charges will continue to accrue as long as the
home remains on the rented lot.
14. REMOVAL OF HOME AT RESIDEN 'S_DECISION
A. The Resident is required to submit to the office in -writing, Thirty (30) days' prior to any home being moved, a notice
that the manufactured home is to be moved from the Community. If resident fails to give Community Owner a thirty (30)
day written notice, said resident will be 'charged for an additional months rent.
B. The Resident must advise the office who will be moving the home from the Community, the exact date it will be
moved, and who will be preparing the home for removal (disconnecting the water, sewer and electrical lines). The
Community Manager must give the final approval that all lines have been properly disconnected before the home may be
pulled off of the lot.
C. The manufactured home shall not be demolished on the lot.
D. All provisionsof the Community Standards will be strictly enforced in reference to the removal of a home from the
Community.
15. REMOVAL OF MANUFACTURED HOME BY COMMUNITY OWNER
Management shall have the right to require the removal of any manufactured home when the following exists:
A. Home has been left in disrepair by the Resident after written notice was given to repair. (This is primarily in regard
to exterior condition of home, shed, awnings, porches, skirting, etc.)
PENNSYL;,'1NIA LEASE/ LE IBYS MHC, LLC.
Page 9
Residents Initials
B. The rented lot is in disrepair in so far as items are stored haphazardly around yard and/or on porches, etc., after
written notice has been given to clean up.
C. Hazardous conditions exist and have not been corrected after written notice has been given in regard to, but not
limited to: electrical, plumbing, and heating systems.
D. The manufactured home is vacant even if the lot rental is still being paid and if the owner of the manufactured home
is not making a sincere effort to sell the home. A sincere effort to sell home would be: having home listed with any
service by signing a written agreement; placing classified ads in local papers on a regular basis to "sell by owner", and
having a "For Sale" sign displayed in the window
E. The manufactured home has been abandoned as more fully set forth in Section 3 o the Community Standards and
section 13 of the lease, Abandonment of Home by the Resident.
F. Community Owner has been granted summary possession by a court of competent jurisdiction.
16. DISCLOSURE STATEMENTS
Resident hereby states that he/she has been advised of the followiin�
A. That the Resident is aware of the specific identification of the site being rented.
B. That the Resident is aware of and accepts the amount of rent due for each monthly installment.
C. That the Resident is aware of and accepts the amount of any ::-late fee, returned check fee, or other assessment or
charge that may be levied against the Resident contained within'the Lease Agreement.
D. That the Resident understands each service, facility, and utility service that the Community Owner will provide, and
that the Resident has had clearly identified the availability, capacity and connection fees for all utility services at the
proposed site in order to assure the proper and adequate installation of utilities and of the manufactured home.
E. That the Resident has received a: description of any termination or renewal options as set forth in this Rental/Lease
Agreement.
F. Resident hereby states that he/she has received the following parts of this Rental/Lease Agreement and understands
said parts and that the listed parts are incorporated herein and become a part of the Rental/Lease Agreement as is fully set
forth herein:
Part 1 A copy of this Rental/Lease Agreement
Part 2 A copy of Leiby's MHC Community Standards
Parti A copy of Act 261 known as The Mobile Home rights Act
17. NON -WAIVER
The acceptance of rentby the Community Owner is not deemed as a waiver of any rights or remedies for a breach or
subsequent breach by the Resident of this Rental/Lease Agreement or the Community Standards.
18. LEGAL FEES, COURT FEES, AND/OR ATTORNEY FEES
Community Owner shall charge in accordance with the law, any attorney's fees, court costs, and other reasonable costs
incurred by the Community Owner as a result of upholding, enforcing, or obtaining compliance of this Rental/Lease
Agreement or the Conununity Standards as a result of a breach or default on behalf of the Resident.
PENNSYLVANIA LEASE/ LEI3YS MHC, LLC
Page 10
Residents Initials
-64L—jL-1
19. SURVIVORSHIP
This Lease Agreement is binding upon the successors, assigns, heirs, lien holders, agents, executors and administrators
of the Resident.
20. COMMUNITY STANDARDS (RULES AND REGULATIONS)
The Community Standards (Also known as the Rules and Regulations) are a condition of this Rental/Lease Agreement
and to which all residents, guest's, invitee's, and others must comply with as a condition,' of A BREACH OF
THE COMMUNITY STANDARDS IS A BREACH OF THIS RENTAL/LEASE AGREEMENT AND MAY
SUBJECT THE RESIDENT FOUND TO BE IN DEFAULT OF THESE STANDARDS TO EVICTION BY ANY
MEANS ALLOWED BY LAW. All residents are responsible for the actions of their Children, and; invitee's. By
the resident signing of this lease, said resident acknowledges receipt of Community Standards as they are written on the
date of signing and to fully comply with these Community Standards or anyamended Standard that the Community
Owner may implement at a future time.
21. AMENDMENTS, CHANGES, UPDATES
Community Owner may at its discretion change, update, and/or amend any section; of the Rental/Lease Agreement or
Community Standards with a thirty (30) day written notice to the Resident as required by ,law.
22. REQUIRED RESIDENT INSURANCE
Community Owner does not carry insurance to protect the resident or:'their property against loss including but not
limited to fire, theft, vandalism, criminal acts, acts of God, or other causes<:Each resident is required to carry insurance
against loss and liability. Resident mist provide proof of such :insurance as a condition of occupancy.
23. NOTICES
Any contractual obligations or special permission/exemption -of use must be in a written form from the Community
Owner. Any deviation of the Community Standards granted by Community Owner or the agent thereof must be in
writing.
24. APPLICATION OF RESIDENCY
All persons seeking residency in the Community are required to complete an application for residency. Any prospective
Resident who falsifies any part of the application document will be denied residency from the Community and if such
falsifications are discovered after residency has been granted, residency status will be revoked and the Resident will be
evicted from the community. Any one residing in the community without being granted approval by the Community
Owner will be considered a trespasser and be dealt with as such.
25. RESIDENTS PERSONAL PROPERTY
Community Owner shall not be responsible for any personal property left in the community upon termination,
surrender, or abandonment of the premises. Furthermore, Community Owner shall not be liable for the storage or
disposition of any residents personal property.
Residents Initials
26. COMMUNITY OWNERS LIABILITY
Community Owner shall not be liable to any Resident, Residents invitees, guests, family, or employees of the premises
for any injuries, deaths, or damage to life or property caused by defects, disrepair, or faulty construction of the premises
except where as provided by law. Community Owner shall be held harmless of any liability arising from death or
damages by such incidents but not limited to fires, floods, storms, falling trees or branches, vandalism, criminal activity,
explosion, rain, or other scenarios beyond the Community Owners control.
27. OFAC
Resident does hereby represent that neither Resident or any person who resides lir is proposed to reside with the
Resident in the community is or will be a Prohibited Person, as that term hereinafter defined A ' Prohiibited Person" is
any entity, person or party: that is listed in the Annex to, or is otherwise subject to the provisions of, Executive Order
13224 issued on September 24, 2001 (E013224); whose name appears on stile United States Treasury Department's
Office of Foreign Assets Control (OFAC) most current list of "Specifically Designated National and Blocked Persons"
(Which list may be published from time to time in various mediums including .but not limited ``to, :the OFAC website,
http:www.treas_gov/ofac/tl 1 sdn.pdf) (the OFAC list); who commits, threatens to commit, or supports' "Terrorism," as
that term is defined in EO 13224; or who is otherwise affiliated with any entity or person listed above.
28. PARTIES BOUND
This Rental Agreement shall be binding upon the; patties hereto:'
Signed with our hands and seals the day, month and year
WITNESS
RESIDENT
WITNESS
RESID IT
7-- , _ 1/
DATE
LIST ALL OTHER OCCUPANTS TO RESIDE IN THE HOME
PENNSYLVANIA LEASE/ LEIBYS MHC, LLC
Page 12
LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHARLES L. HAAG
and
SUSAN HAAG,
: NO. 14-5064 CIVIL
Defendants
PRAECIPE TO TERMINATE SUPERSEDEAS
PURSUANT TO PA. R.C.P.M.D.J. 1008
TO THE PROTHONOTARY:
• •••••• • •••••••.-,
• •
(,) -
Please terminate the supersedeas in the above reference matter. Appellants/Defendants
Charles L. Haag and Susan Haag have failed to deposit rental payments with the Prothonotary
for the month of December 2014 despite Pa. R.C.P.M.D.J. 1008 (B) requiring them to do so.
Respectfully submitted,
PECHT & ASSOCIAT S, P.C.
By:
Dated: December 18, 2014
Rob Bl ;-Esquire
ID -No. 32594
Wayne M. Pecht, Esquire
ID No. 38904
650 North Twelfth Street, Suite 100
Lemoyne, PA 17043
717) 691-9808
CERTIFICATE OF SERVICE
I, Rob Bleecher, Esquire, an attorney for Plaintiff, hereby certify that I have served the
Foregoing Praecipe to Terminate Supersedeas on this date, by depositing a true and correct copy
of the same in the United States mail, first class postage prepaid, addressed as follows:
Charles Haag
Susan Haag
215 Key West Boulevard
Carlisle, Pennsylvania 17015
PECHT & ASSOCIATES, P.C.
Dated: December 18, 2014 By:
Rob Bleec er, Esquire
LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
v.
CHARLES L. HAAG
and
SUSAN HAAG,
: NO. 14-5064 CIVIL
Defendants
TERMINATION OF SUPERSEDEAS
Upon confirmation of Appellants/Defendants Charles L. Haag and Susan Haag's failure
to deposit the rent required by Pa. R.C.P.M.D.J. 1008 (B), the supersedeas is TERMINATED
David D. Buell, Prothonotary
LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
v.
CHARLES L. HAAG
and
SUSAN HAAG,
Defendants
: NO. 14-5064 CIVIL
PETITION
AND NOW comes Petitioner, Leiby's MHC, LLC, by and through its attorneys'Pecht
Associates, P.C., and pursuant to Pa.R.C.P.M.D.J. No. 1008B, avers as follows:
1. The Petitioner is Leiby's MHC, LLC, ("Leiby's") a Maryland limited liability company,
which owns and operates a manufactured housing community ("MHC") located at 7075
Carlisle Pike, Carlisle, Cumberland County, Pennsylvania.
2. Defendants Charles L. Haag and Susan Haag are adult individuals and are residents of
Leiby's MHC at Lot 220, 215 Key West Boulevard, Carlisle, Cumberland County,
Pennsylvania.
3. Leiby's obtained a judgment against Defendants on August 20, 2014, in Magisterial
District Number MDJ-09-3-04 before the Honorable Kathryn H. Silcox for possession
and for damages in the amount of $1,063.38.
4. On or about August 28, 2014, Defendant Charles Haag filed a Notice of Appeal and a
Praecipe to Enter Rule to file a Complaint.
5. Defendants are behind in their rent and are in arrears in payment of utilities and late fees.
As of November 6, 2014, Defendants are behind in rent, late charges, and utility charges
in the total amount of $ 2,592.00.
6. Defendants are required by Pa.R.C.P.M.D.J. No. 1008 B. to pay their rent into escrow on
a continuing basis in order to maintain a supersedeas during the pendency of their appeal.
7. As of the date of the filing of this Petition, Defendants have paid lot rent into escrow with
the Prothonotary for the months of September, October, and November 2014 in the
amount of $376 per month for a total amount of $1,063.38.
8. Petitioner is entitled to all of that money as lot rent for the months of September, October,
and November 2014.
9. Pa.R.C.P.M.D.J. No. 1008 B. states: "Upon application by the landlord, the court shall
release appropriate sums from the escrow account on a continuing basis while the appeal
is pending to compensate the landlord for the tenant's actual possession and use of the
premises during the pendency of the appeal."
10. Counsel for Petitioner is not aware of any attorney representing Defendants and, as such,
no concurrence in this Petition was sought or obtained.
WHEREFORE, Leiby's requests that this Court direct the Prothonotary to immediately issue
a check for $1,028.00, to "Leiby's MHC, LLC," 7075 Carlisle Pike, Carlisle, Pennsylvania
17015, and to issue a check for $376 each month thereafter, as compensation to Leiby's for the
Defendants' actual possession and use of the premises during the pendency of this appeal.
Respectfully submitted,
PECHT & ASSO PES, P.C.
By:
Dated: December 22, 2014
Ro C - - cher, Esquire
ID'No. 32594
Wayne M. Pecht, Esquire
ID No.
650 North Twelfth Street, Suite 100
Lemoyne, PA 17043
717) 691-9808
LEIBY'S MHC, LLC, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
v.
CHARLES L. HAAG
and
SUSAN HAAG,
Defendants
AND NOW this
: NO. 14-5064 CIVIL
ORDER
day of
Caw
:PSO
cJY
< LJ
yr
20/ , the Petition of Leiby's
MHC, LLC is GRANTED. The Prothonotary is directed to immediately issue a check for
$1,028.00, to "Leiby's MHC, LLC", 7075 Carlisle Pike, Carlisle, Pennsylvania 17015, and to
issue a check for $376 each month thereafter, as compensation to Leiby's for the Defendants'
actual possession and use of the premises during the pendency of this action.
BY THE COURT:
Distribution list:
Rob Bleecher, Esquire, Pecht & Associates, P.C., 650 North Twelfth Street, Suite 100, Lemoyne,
PA 17043
Charles Haag and Susan Haag, 215 Key West Boulevard, Carlisle, Pennsylvania 17015.
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