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HomeMy WebLinkAbout01-5365COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM 9-I'F-d I DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 0 /- 5"3& 5 C r U • / T -,e (M NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Fetter S K isle PA 17013 9/5/01 ICS Chadaga c:o Property ManageRent Inc Michael Fetter Cv 19 Ph' ip C. Br LT 19 LT-241 -01 ' This block will be signed ONLY when this station is required under Pa. R.C.P.J . Na 1006B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case ,x-a? N-? Signature of ProthonWary or b>e ti ill n e LRo o V --ice: w le PA 17013 (2111-(ys- yyoo was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule uponPCS Chadaga c/o Property management, Inc, appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas h1v 01-h 36,j t r '/ r&m-) within twenty (20) days after s Nice/of rule or sufFFentry of judgment of non pros (ure of appegant or his aftwney a agent RULE: ToPCS Chadaga c/o Property Managemaa"l,(qc. Name of appellees) (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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. ?,, Dale: y?2 ftJ I ` -f ka2 (.t / YI.s.CGC? i D_gr SigxM" of Prothonotary or Deputy Aorc ale-ea COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; so AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) , ? by personal service O by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee. (name) _ on 19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that l served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19__._, ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF . 19______ Sgoafure of off,C+af before whom affirtavn was made Tilia of offic,ai My commission expires on . 19-- s r .b Signature of affiant ?a 1 rsl5n ..D .'_' r? . ? i. G - ' 1 ' t7 C r `y? 2 =: "cam G y S PCS CHADAGA, cfe v : IN THE COURT OF COMMON PLEAS OF PROPERTY MANAGEMENT, INC., : Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. o 1- 5'3 CIVIL TERM MICHAEL FETTER, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow the defendant in this action, Michael Fetter, to proceed in forma au eris. I, Philip C. Brigand, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Philip riganti Attorney for Defendant Q c -- t n+ry, -c? _ 5'i? O 4J1;??. kn COMMONWEALTH OF PENNSYLVANIA COUNTY (lF• CUMBERLAND No.: 09-3-03 DJ Name: Hon. SUSAN K. DAY "tl° ess: 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rPROPERTY MANAGEMENT INC. P O BOX 622 LEMOYNE, PA 17043 L J VS. DEFENDANT: NAME and ADDRESS rFETTER, MICHAEL 134 B STREET CARLISLE, PA 17013 MICHAEL FETTER 134 B STREET CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) PROPERTY MANAGEMENTINC. Judgment was entered against FETTER MICHAEL X Landlord/Tenant action in the amount of $ 82.63 on 9 OS '01 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ The total amount of the is O1 (Date of Judgment) .00. Total Amount Established by Di .Less - Security Deposit Apblied - Rent in Arrears 0 _ $ 00 Physical Damages Leasehold Property $ 00 - Damages/Unjust Detention $ 00 $ no -$ nn - Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) Attachment Prohibited/ L/T Judgment Amount Victim of Abuse (Act 5, 1996) Judgment Costs A This case dismissed without prejudice. ® Possession granted. Possession granted if money judgment is no sa is le y Possession not granted. Levy is stayed for days or 1-1 generally stayed. Objection to Levy has been filed and hearing will be held: L J F cketNo.: LT-0 0 0 0241-01 te Filed: 8/21/01 Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Adjudicated Amo U unt 0 .00 $ $ _on $ -on $ on $ 92-63 $ nn $ 82.63 11 Defendants are jointly and severally liable. Time: 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 COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICWNff LE A N TI CE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON A CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST NCLU A COPY OFT ICE(F IUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. n , / District Justice ttorney Fees Date District My commission expires first Monday of January, 2004 SEAL Anac 315A-99 PCS CHADAGA, c/o PROPERTY MANAGEMENT, INC Plaintiff VS MICHAEL FETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.v i- 5 3 G /CIVIL TERM AFFIDAVIT 1. I, Michael Fetter, am the defendant in the above-captioned action, which is an appeal from a judgment rendered by District Justice Susan K. Day, on September 5, 2001, awarding Plaintiff possession of the mobile home lot on which I reside. 2. My rent for this mobile home lot, located at 18 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania is $323.00 per month and is due by the fifth of the month. 3. My rent for September 2001 has been paid. 4. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unworn falsification to authorities. Date: //3 e j Michael Fetter, Defendant C7 c? H ip co - n PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; ss AFFIDAVIT: I hereby swear or affirm that I served 19 a copy of the Notice of Appeal, Coal Pleas No. . 01-5365 Civil Term upon the District Justice designated therein on date or service September 14 L 2001 ( ) ? by personal service RJ by (certified) kQpj@k5@Iy mail, sender's receipt attached hereto, and upon the appellee, (name) pCS Chadaga c/o -Property Managemant-r=-1ac. September 14 Ag 2001 El by personal serviceo by (certified)k(fftiigtrft mail, sender's receipt attached hereto.... li and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on September 14 1,x-1- ? by personal service:U by (certifie ftt*2jX .* mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 1g. Signature of affiant Signature of ofecrai before whom affidavit was made Title of offtchd My commission expires on Is- I verify that the information set forth in this Affidavit is true and correct. I understand that false statements herein are made subject to the penalties set forth under 1$ P.S. Section 4904, relating to unsworn falsification to authorities Z c? o tzn Co r G " _r1 0 a ? c1 0 ? ..o I- ?•-- ru g aL M Postage r9 Q- Certified Fee C3 Return Receipt Fee (Endomemera ReQulmd) A C3 Restrictetl Delivery Fee :Endorsement Required) Total Postage & Feel r O St?ieet, APB N .:-o t'D,t ^ n C3 'City, Irere1J.P1 I r . ti ru E HH"PA1 `a Postage r9 Certified Fee Q' 0 Return Receipt Fee A (EndorsemeM RKui d) C3 Restricted Dellver/ Fee O (Endorsement Required) C3 Total Postage & Feel r- -3 ------------------ C3 A No.; or Po 9 FC-. o CS -- r` rate:nvw^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and No. 01-5365 Civil Term PROPERTY MANAGEMENT, INC. VS. MICHAEL FETTER COMPLAINT Plaintiffs are P. Chanda S. Chadaga, t/d/b/a Spring Garden Estates Mobile Home Park, an adult individual with a business address of R.D. 6, Carlisle, PA 17013 ("Spring Garden"); and Property Management, Inc., a Pennsylvania corporation with a business address of 1300 Market Street, P.O. Box 622, Lemoyne, PA 17043 ("PMI"). Spring Garden owns a mobile home park at R.D. 6, Carlisle, Cumberland County, Pennsylvania, known as Spring Garden Estates Mobile Home Park ("SG Estates"), and PMI manages SG Estates. 3. Defendant Michael Fetter is an adult individual with a residence address of 18 Spring Garden Estates, Carlisle, PA 17013. 4. On or about January 1, 1996, Defendant entered into a written lease with Plaintiff Spring Garden, for lease of a mobile home lot identified as Lot 18 in SG Estates, Cumberland County, Pennsylvania (the "Lease"). A copy of said lease is attached hereto as Exhibit "A". 6. As part of the Lease, Defendant agreed to abide by all of the Rules & Regulations of Spring Garden, a copy of which are attached hereto as Exhibit "B". COUNTI Breach of Lease - Rules Violation: Pets 7. Plaintiff incorporates the averments of paragraphs 1 through 6 hereof by reference herein. 8. Under the terms of the Lease and the Rules & Regulations, Defendant agreed that the only pets permitted at SG Estates are one house cat per resident (Lease 123; Rules & Regulation ¶ III.W). 9. Defendant has breached the terms of the Lease by keeping two dogs at his unit in SG Estates, and continued said breach despite two written notices of violation dated April 3, 2001, and May 14, 2001, copies of which are attached hereto as Exhibit "C". 10. By written Notice to Quit dated June 7, 2001, Spring Garden terminated the Lease for Rule Violations, and notified Defendant to quit the premises within thirty (30) days. A copy of said Notice to Quit is attached hereto as Exhibit "D". 11. Defendant has refused, and continues to refuse, to relinquish possession of the leased premises, Lot 18 at SG Estates, and remove his mobile home therefrom. Exh t A f ? - LEASE Made and executed this 1sT day of JANUARY , 199 6 ,Ztz G , 42-12 -7 By and between Spring Garden Estates Mobile Home Park, R.D. 6, Carlisle, in the County of Cumberland and State of Pennsylvania, (referred to as the "Park" in this Lease), having its administrative offices at 1300 Market Street, P.O. Box 622, Lemoyne, Pennsylvania 17043 (referred to as "Landlord" in this Lease); and L J FETTER , having an address or residing at adult 18 SPRING GARDEN ESTATES CARLISLE PA 17013 (together referred to as "Tenant" in this Lease); WITNESSETH THAT: 1. LOT. The Landlord does hereby lease to the Tenant and the Tenant hereby leases from the Landlord the following premises: 18 SPRING GARDEN ESTATES CARLISLE PA on the terms and conditions set forth in this Lease (refers 013 to in this Lease as the 2. CONDITION OF THE LOT. The tenant accepts the Lot "as is". 3. TERM. The term of this Lease is one (1) month beginning JANUARY 1 1996 and ending JANUARY 31. 1996 , and continuing thereafter from month to month until this Lease is terminated. 4. RENT. The monthly rent for the leased Lot is $285.00 TWO HUNDRED EIGHTY FIVE AND 00/100 TheTenantmust pay the monthly rent in advance on the first (1st) day of each month during the term of this Lease. The rent must be paid to the Landlord or its duly designated agent at the address set forth above or at another address that the Landlord may designate in writing. At the signing of this Lease, the Tenant must also pay a Security Deposit of One Hundred ($100.00) Dollars, which the Landlord will hold as security for the Tenant's performance of his or her obligations. If any of the Tenant's checks, for any reason or at any time, are returned to the Landlord by the Tenant's bank, he or she will be charged a processing fee of TWENTY ($20.00) DOLLARS. The Landlord reserves the right to increase any. fee, charge or rent provided for in this Lease. To do this, the Landlord must deliver to the Tenant, in writing, a notice of the increase or 1 I change at least thirty (30) days before the effective date of the increase 5. LATE CHARGE. There is a grace period until the end of business hours on the fifth day of the month, after which a late charge of $3.00 per day will be due and payable before the rental account can be credited. If the fifth day falls on a Sunday, holiday, or snow day, it will still be considered the last day for paying the rent without a penalty. Your canceled check will be your receipt, and no other receipt will be provided for your rent payment. 6. OBLIGATIONS TO BE PERFORMED BY LESSEE. (a) RULES AND REGULATIONS. The Rules and Regulations in force at the Park, as they may be amended from time to time (referred to in this Lease as the "Rules and Regulations") are incorporated into this Lease as though they were a part of this Lease. At all times the Tenant must strictly abide by all the Rules and Regulations. All requirements set forth in this Lease are in addition to the Rules and Regulations. The Tenant represent(s) that he/she/they/ have received a copy of the Rules and Regulations, that he/she/they understand that the Landlord may change and amend the Rules and Regulations at any time, and that the Tenant may be evicted, in accordance with the Pennsylvania Mobile Home Park Rights Act, for violations of the Rules and Regulations. (b) UTILITIES. The Tenant, at the Tenant's expense, must make all connections to existing utility outlets serving the Lot. All connections must conform to all specifications, requirements, and conditions provided or imposed by the Landlord and with all specifications and requirements imposed by applicable laws, regulations, and ordinances. The Tenant must pay for all utilities consumed upon the Lot, including gas, oil, electricity, telephone, and cable television service, unless the service is expressly provided by the Landlord at no additional cost to the Tenant. The Landlord provides the following utility services at no additional cost to the Tenant: Water & Sewer Upon thirty (30) days advance written notice to the Tenant the Landlord may discontinue providing any of these utility services and require that the Tenant either pay the provider of the services directly or pay, as additional rent to the Landlord, a charge for the services. (c) TAXES AND SPECIAL ASSESSMENTS. The Tenant must pay all real estate taxes, charges, assessments and payments levied or assessed against the Tenant's home and the Tenant's other improvements to the Lot during the term of this Lease. Upon the Landlord's request, the Tenant must provide proof of payment. (d) REPAIRS. The Tenant must, at his (her or their) sole cost and expense, maintain in good repair the Lot, the home, and all other improvements placed upon the Lot. (e) CLEAN CONDITION. The Tenant must keep the entire Lot in a clean, sanitary and safe condition to the satisfaction of the Landlord. No outside storage is permitted. 2 (f) MANDATORY 54PROVEMENTS. Within twenty-one (21) days after moving the Tenant's home onto the Lot, the Tenant must completely skirt the home on all four sides in a manner approved by the Landlord and in accordance with the Rules and Regulations. In addition the Tenant must install a storage shed no smaller than 8' x 10' and no larger than 10' x 14' (unless a different size is approved by the Landlord in advance) as required in the Rules and Regulations. 7. LANDLORD'S RIGHTS TO PERFORM. If the Tenant fails or refuses to comply with and perform any conditions, obligations or covenants of this Lease, including those in the Rules and Regulations, the Landlord may,. but is not obligated to, carry out and perform such conditions, obligations, or covenants, and the cost and expense shall be payable by the Tenant to the Landlord on demand. 8. LESSOR'S RIGHT OF ENTRY. The Landlord has the right to enter the Lot at all reasonable hours for the purpose of inspections or for making repairs or alterations as may be necessary or desirable, in the Landlord's sole opinion. The Landlord, however, does not have an obligation to make inspections or repairs. 9. USE OF THE LOT. The Tenant may use the Lot solely for the placement of a manufactured or mobile home on it and solely for residential purposes. Occupancy limitations and requirements are set forth in the Rules and Regulations. Moreover, the Tenant shall not permit the Lot or his home to be vacant, except during vacations. 10. ALTERATIONS. No alterations may be made in or to the Lot without the prior written consent of the Landlord. 11. FIRE AND OTHER DAMAGE. The Tenant is responsible for the costs of repairing any damages to the Lot that is caused by the carelessness, negligence, or improper conduct of the Tenant or the Tenant's family members and guests. 12. CONDEMNATION. The Tenant or Landlord may at either's option terminate this Lease if any portion of the leased Lot is condemned by any governmental body or by any other body or organization possessing the power of condemnation. The Tenant has no interest in, or claim to, any award for damages for such taking. 13. NON-LIABILITY OF LANDLORD. (a) The Landlord is not liable to the Tenant, any member of the Tenant's family, or any guest of the Tenant, or any other person, for any damage or injury to any person or property caused in whole or in part, by any act, omission, or neglect of the Tenant, its contractors, family members, or guests, or any other resident of the park, or any other person not under the direct and immediate control of the Landlord, or arising out of anything that may occur on the Lot. The Tenant agrees to indemnify, defend and hold harmless the Landlord from any claim, loss or liability for damages or injury for which the Tenant is liable and not the Landlord under the 3 terms of this paragraph. (b) All property kept, stored or maintained on the Lot or within any facility available at the Park will be kept, stored or maintained at the risk of the Tenant only, and the Landlord will not be liable for any loss or damage to the Tenant or the Tenant's property. It is understood that the Tenant's use of any facility in the Park is to be solely at the Tenant's risk. (c) The Landlord will not be liable for any damage to property or injury to person which may be sustained by the Tenant or any other person as a consequence of the failure, breakage, leakage or obstruction of the water, sewer, waste or soil pipes, electrical, gas or oil systems, or by reason of the natural elements, or resulting from the conduct or misconduct of any person other than the Landlord, its agents and employees. (d) The Landlord will not be liable for failing to give possession of the Lot to the Tenant upon the effective date of this Lease if the failure is due to the fact that the Lot is not ready for occupancy or it is being held by the prior tenant or it is otherwise in the lawful possession of another person. In such event the Lease term shall begin at the time possession of the Lot is given to the Tenant. 14. SUBLEASE AND ASSIGNMENT. The Tenant may not sell, assign, transfer, or sublease this Lease or any interest in the Lease without the Landlord' prior written consent, except as may be permitted in the Rules and Regulations. 15. INVOLUNTARY ASSIGNMENT. Neither this Lease nor any interest in the Lease is assignable or otherwise transferable by operation of law or for the benefit of creditors without the written consent of the Landlord. The prohibition against assignment includes any and every assignment which might otherwise be effected or accomplished by bankruptcy, receivership, attachment, execution or other judicial process or proceeding. If any assignment for the benefit of creditors should be made by the Tenant, or is a voluntary or involuntary petition in bankruptcy, or for reorganization, or for an arrangement is filed by or against the Tenant, then the Landlord may at its option, terminate this Lease by notice to the Tenant. The provisions of this paragraph shall not apply to any of the rights, titles and interest of the Landlord in, to or under this Lease. 16. SURRENDER AT TERMINATION. Upon the termination of this Lease, the Tenant must remove his home from the Lot and surrender the Lot to the Landlord. Any equipment, fixtures, goods or other property, including the home, not removed by the Tenant upon the termination of this Lease, or abandonment of the Lot by the Tenant, will be considered as abandoned and the Landlord will have the right, without any notice to the Tenant, to sell or otherwise dispose of the same at the Tenant's expense. Furthermore, the Landlord will not be accountable to the Tenant for any part of the proceeds of such a sale, if any. At the termination of this Lease, all bushes, trees, shrubs, and other plantings shall become the property of the Landlord and may not be removed by the Tenant. 4 17. LANDLORD'S RIGHTS ON DEFAULT. If Tenant does not pay the rent when it is due, or if Tenant does not perform any other obligation under this Lease of the Rules and Regulations, then the Tenant will be considered in default. If the Tenant is in default, the Landlord may retake the Lot and seek any damages authorized under this Lease or under law. Any of the following shall also constitute a default entitling the Landlord to retake the Lot: Tenant is adjudicated a bankrupt, institutes proceedings for a reorganization or for an arrangement under the Bankruptcy Act, or an involuntary petition in bankruptcy is filed against Tenant, which is not dismissed within ninety (90) days. 18. CUMULATIVE REMEDIES. The rights and remedies of the Landlord under this Lease and under law or in equity are cumulative. No choice of remedy will be deemed an election to the exclusion of any other remedy. The failure of the Landlord to enforce strict performance by the Tenant of the obligations of the Tenant, or to exercise any option or right in any one or more instances shall not be construed or deemed to be a waiver by the Landlord of any such obligations, option, or rights, and the same shall continue in full force and effect. 19. INDEPENDENT COVENANTS. The obligations of the Tenant, including the obligation to pay rent, shall not be affected, curtailed, impaired or excused because of the landlord's inability to supply any service in this Lease. 20. SUBORDINATION. The Tenant hereby subordinates his/her/their interest in the Lot to the lien, operation and effect of all mortgages on the Park, whether the mortgages arise prior to or after the date of this Lease. 21. SERVICE OF NOTICE. If at any time after the execution of this Lease it becomes necessary for the Landlord or Tenant to serve any notice on the other party, such notice must be in writing and signed by the serving party, and sent by United States mail. Notices are to be addressed as set forth in the beginning of this Lease or at such other address as either the Landlord or Tenant may have furnished to the other in writing as a place for the service of notice. Any notice that is mailed will be deemed to have been given as of the time it is deposited in the United States mail. 22. SEVERABILITY. If any provision of this Lease is held to be invalid or unenforceable by a court, it shall not affect the validity of any other provision, and the other provisions shall remain in full force and effect. 23. PETS. Only one house cat is permitted. Pets are not allowed out of homes unless on a leash and in the custody of a responsible person. Pets may not be staked or chained on the Lot or to the home. Pets may not be curbed on shrubbery, flowers or trees. The Tenant must pick up all waste and dispose of it immediately. The Tenant will be responsible and must pay for all damage caused by the pet to the grounds, shrubbery and trees in the Park or to any part of the Lot or the property of any other tenant. The Tenant must remove his or her pet from the Park if it becomes a nuisance by interfering with the rights and enjoyment of other tenants due to noises or smells. If the Tenant violates any provision of this paragraph, in addition to any 5 other remedy the Landlord may have, the Tenant will no longer by permitted to have a Pet. The charge for a house cat is $10.00 per month, and a Pet Addendum must be signed. IN WITNESS WHEREOF, the Landlord and Tenant have executed this Lease on the day and year first above written. Witnesses: LANDLORD: n ? ? l v TENANT 6 Exhibit B SPRING GARDEN ESTATES - RULES AND REGULATIONS I APPLICATION FOR RESIDENCE/LEASE/RULES & REGULATIONS/RENT A. All persons who want to be considered for residence in the Community must fill out an application before being interviewed and considered. The application includes: credit information, names, ages, and places of employment, or schools attended by all adults and minors who will be residing in the household; descriptions, including license numbers, of all vehicles at the residence; and phone numbers, both at work and home (unlisted included).. B. All residents must enter into a Lease. Residents will be required to pay the security deposit and first month's rent. The security deposit is in addition to the normal monthly rent and may not be treated by the resident as either the first or last month's rent. The security deposit will be returned to the resident by mail after the resident has given written notice of his forwarding address within thirty (30) days after the date he vacates the Community. Security deposits are not transferable. C. Failure to pay any fees, charges or rent may result in eviction. If we fail to receive your rental payment by the third working day of the month, we may place you in default under the terms of the Lease by giving you notice of this default. If such notice is given on or after April 1st and before September 1st of any year, you will have twenty (20) days to pay the amount due on the account, including late charges. If such notice is given on or after September 1st and before April 1st of the following year, you will have thirty (30) days to pay the amount due on the account, including late charges. If you do not pay the amount due within the time provided or if you are late paying your rent a second time within the six (6) months following the notice, we may start eviction proceedings against you without further notice. D. Fees, charges or rents may be increased at any time, provided that management has given affected residents written notice of at least thirty (30) days before the effective date of the increase. E. All residents must abide by the "RULES AND REGULATIONS". H. OCCUPANCY AND USE LIMITATIONS A. No resident may use his lot within the Community for other than residential purposes. B. Two bedroom homes shall be limited to four occupants. Three bedroom homes shall be limited to six occupants. Each home must be occupied by at least one adult. For these purposes a person who is eighteen years of age or older is considered an adult. If a home has more than four occupants, the monthly rent shall be increased by $10.00 for each additional occupant in order to off-set the additional sewer and water charges, trash disposal charges, and 1 other expenses and costs that increase because of the additional occupants. C. Residents may have overnight guests; however, if the guests so frequently remain overnight as to increase the number of persons normally living in the home, you must notify management and the guests will be considered occupants for whom additional rent will be charged if the result is that the home has more than four occupants. All overnight guests who stay with a resident for more than fourteen (14) days during ANY thirty (30) day period will be considered occupants, absent assurance that the guests' stay will in fact be of short duration. III. REQUIREMENTS FOR YOUR HOME AND LOT A. No resident may rent his home. All homes must be owner occupied. B. No storage of any kind, other than wheels and detachable hitches, shall be permitted under the home. C. The bottom of the home shall be completely enclosed (SKIRTED) within THREE (3) WEEKS after arrival in the Community. Skirting must be either Mastic T-Lok vinyl in a coordinating color or a masonry foundation with the proper footings. Other skirting material that specifically matches the exterior material of a home may also be used if it is professionally installed and approved by management prior to installation. D. There must be interior water shut-off valves throughout the home. (Sinks & Commodes) E. Street numbers must be secured and prominently displayed on the lamp post of the home so that they can be easily seen. F. All above ground fuel tanks must be concealed behind a screen constructed of material that is coordinated to match the home or that is approved in advance by management. G. One custom made storage shed will be required per lot. All sheds must be approved by the management in writing prior to installation and must be maintained and painted at all times in subdued colors coordinated with the resident's home. Any sheds that are brought into the Community after date of these Rules must be of wood construction with asbestos shingle roofs, professionally built (no homemade sheds will be permitted) with runners. Sheds must be a minimum of 8' x 10' and a maximum of 10' x 14', unless a different size is approved in advance by management. Sheds, or parts of sheds, the bottoms of which are higher than four (4") inches above ground level must be skirted in matching materials. Location of the shed must be approved by management. Only one (1) storage shed will be permitted. H. Outside drying of clothes is permitted only on umbrella-type drying lines installed at the rear of the home. The umbrella-type clothes lines may be extended only when in use, it must be closed at all other times. A ground sleeve must be installed for the umbrella pole. 2 I. No fences may be erected. J. All firewood must be stored inside the resident's shed. K. No swimming pools or wading pools are permitted. L. No private swing sets are permitted. M. Additions such as decks, sheds, etc. are permitted only with the prior approval of management regarding design, material, etc. N. All decks and steps must be constructed of pre-treated wood and enclosed with pre- treated wood lattice and must be properly maintained at all times. 0. All window air conditioners must be properly installed and correctly supported. Positively no props to the ground will be permitted. P. All residents must have a working fire extinguisher. Q. Washing of vehicles, driveways, streets, etc., is not permitted anywhere within the Cornmunity. R. All homes, sheds, decks, awnings, and other improvements must at all times be maintained in good condition and repair. Homes may be washed once each year and homes, sheds, decks and other improvements must be painted or treated (with respect to wood) whenever they become faded, are flaking, or their appearance otherwise requires it. Rust and stains must also be repaired promptly. Skirting must be properly attached at all times and whenever removed for maintenance, promptly reattached. Interiors of homes must also at all times be maintained in a sanitary and safe condition and in conformity with all applicable health and safety laws, regulations, and ordinances. S. Residents are responsible for purchasing and installing replacement light bulbs in outdoor light fixtures on their homes. In order to assure uniformity management may determine the type of light bulbs to be used. T. Your lawn and its appearance is very important to all residents in the Community. Therefore, you must cut, trim, remove weeds, fertilize, and edge your lawn whenever needed. If lawn care is not done by the resident, Management will have it done and the resident will be billed. GRASS LENGTH IN EXCESS OF 3" SHALL NOT BE PERMITTED. All trimmings and clippings must be properly disposed of and swept from the street. If the resident fails to maintain his lot in a neat and orderly condition, management may, but need not, enter the lot after three (3) days advance notice and provide proper maintenance for which the Resident will be charged. Shrubs, trees and lawn improvements are encouraged; however, shrubs, trees, and other plantings may not be removed at the time of vacating. To avoid damage to the 3 underground utilities, permission must be obtained from management before commencement of any digging. Vegetable gardens are not permitted. Refuse, debris, bicycles, toys and other items may not be stored outside, may not be strewn about the lot, and may not be allowed to accumulate on a lot. U. Without limiting any other rule, residents are advised that (a) hazardous conditions upon a lot or home must be promptly eliminated, including conditions that relate to plumbing, electrical, heating, and other mechanical systems. V. Home improvements are as important to the resident as they are to management. For this reason, all exterior improvements must be approved by management prior to installation. Before any construction is started, blueprints must be submitted to management stating the exact size, the materials to be used, and, if elevated, the means of enclosing the bottom of the structure. Residents must have written permission from management and a valid building permit before commencing any alteration or construction. Approved alterations and improvements MUST be completed within 30 days of the start date. W. All residents must abide by the following rules relating to pets: 1. Only one house cat is permitted. 2. The pet shall not be allowed out of the home unless it is on a leash and in the custody of a responsible person. The pet may not be staked or affixed to any area on the owner's property. 3. The pet shall not be curbed on shrubbery, flowers or trees, and residents will pick up waste and dispose of same immediately. 4. Residents will be responsible and will pay for any damage caused by the pet to the grounds, shrubbery and trees and to any other part of owner's property or the property of others. 5. Resident agrees to remove the pet from the community if the pet becomes a nuisance by interfering with the rights and enjoyment of other Residents because of noises and/or smells as determined by the Management. Management may revoke this Pet Agreement for any violation. 6. There will be a Pet Charge of $10.00 per month. LESSEE: /l. ;4t?- DATE: //?15 LESSEE: DATE: PARK MANAGER: IV UTILITY SERVICES A. Each resident is responsible for maintaining tight connections to sewer outlets and water inlets. Leaks must be repaired immediately. 4 B. Each resident is responsible for keeping his water and sewer connections from freezing from the main water shut off valve up. This can be accomplished by using an electric heat tape and fiberglass insulation. Residents must repair and will be responsible for any damage resulting from frozen pipes. Water check valves must be installed on water lines. Management is not responsible for water heater elements. C. Non-soluble items such as rags, cloth, hard paper, sanitary napkins, paper towels, frying oil or fat, or items made of plastic or rubber may not be flushed down any drain or toilet. Residents are liable for damage to the sewer systems caused by violation of this rule. D. All complaints and problems concerning water and sewer service should be directed to management. E. Basic television cable service is provided by an independent cable company who has been granted the right to provide cable service to the Community. Residents will not have the basic charges included in their rent. Management is not responsible for the performance of this cable service, and any questions or complaints regarding such service should be directed to the cable provider. F. Management will provide snow plowing for street areas. Each resident is responsible for maintaining and keeping free from snow and ice his own walkways and parking areas. Rock salt or any chemical deicers may not be used. Only sand is permitted. G. Tampering with fuses or electric service to the manufactured home is strictly prohibited. Please inform the park manager or a licensed electrician to accomplish the work. H. Each resident must have at least two (2) trash containers with lids. The containers must be stored in the shed and must be moved to the street on the day of pick up. THEY MAY NOT BE STORED ON DECKS. As an alternative to storage in your shed, you may store them in an enclosed screened area on a concrete pad in an approved area for trash containers. I. Burning of trash, rubbish or wood will not be permitted. Gas and charcoal grills are permitted. V. MOTOR VEHICLES A. A speed limit of fifteen (15) miles per hour shall be observed at all times throughout the Community. Reckless driving is prohibited. B. Normally, two automobiles per lot are permitted. In addition, one motorcycle per lot is permitted. Parking of any vehicle on lawns or patio areas is strictly forbidden. Residents are responsible for assuring that their guests do not occupy other residents' parking areas. Residents may not keep commercial vehicles larger than a van or pick-up in the Community. 5 C. Unlicensed, uninspected or inoperable vehicles are not permitted in the Community. All vehicles must be kept in good repair. Residents are responsible for the clean up costs of all fuel, oil, and other liquids that leak from their vehicles. D. No travel trailers, boats or other recreational vehicles may be kept in the Community. E. No race cars, mini bikes, or excessively noisy vehicles are permitted at any time. F. No vehicle repair or maintenance may be done in the Community. G. No person will be allowed to operate a motor vehicle within the Community without a valid operator's license. H. Management reserves the right to tow from any location in the Community any vehicle not in compliance with these Rules and Regulations, at the expense of the owner of that vehicle. VI. COMMUNITY STANDARDS OF CONDUCT A. Adult residents are responsible for the conduct of the members of their families and their guests, and they are liable for all damage they cause to the property of others. All persons must respect the property of others. Everyone is expected to conduct himself in a dignified and neighborly manner. Please be considerate of others, particularly in noise control matters. B. No guns of any type or description, bows and arrows, weapons, or fireworks may be used or discharged within the Community. C. Drunkenness, use of or selling drugs, immoral conduct (including using profane or abusive language), conviction of a felony involving a crime of violence will be grounds for eviction. D. No peddling, soliciting, or commercial enterprise is permitted in the Community without first obtaining the consent of the management. Any deliveries made to a resident's business must be made to the site of the business and not to the resident's home or on the grounds of this Community. E. Please avoid trespassing on another resident's lot. Passage from lotto lot must be made by use of park streets at all times. F. Children shall not play in other resident's areas, but must play in designated areas. Playing hard ball or flying objects is prohibited (frisbee, baseball, etc.). Skateboards and Rollerblades are also prohibited. 6 VII. SELLING YOUR HOME A. Residents must give the management thirty (30) days prior written notice if he intends to sell his home. B. A resident may sell his home, without any restriction; however, management reserves the right to approve the purchaser as a resident in the Community. The purchaser must apply to become a tenant, provide information usually requested by management, and meet management's usual criteria for admittance. In order to become a resident, the purchaser must also execute a lease, pay a security deposit, and otherwise agree to abide by the rules and regulations. Purchasers who have not been approved by management to become residents will have to remove the home after the sale. C. Homes that have not been properly maintained in accordance with the Community's rules and regulations or otherwise pose health or safety risks may not remain in the Community after the sale unless brought into conformity with the rules and regulations. Management will attempt periodically to inspect the exterior of homes, sheds, lawns, and the like so that residents can make required repairs and perform required maintenance when needed; however, some exterior maintenance may be required at the time of sale if the need has arisen since the most recent inspection. Residents should also understand that management may require the removal of a home that has not been properly maintained or that poses a health or safety risk. D. The selling resident must pay all rent, fees, taxes, and other charges through the date of the sale. E. You may place one "FOR SALE" sign on your home or lot. VIII. MANAGEMENT RIGHTS A. Management reserves the right to amend or to supplement these Rules and Regulations at any time and from time to time. Management will deliver to the residents, in writing, a notice of the amendments or supplements at least thirty (30) days before the effective date of the new provisions. B. Management is not responsible for damage, injury, or loss due to fire, theft, windstorm, flood or other forms of casualty to the home, to autos or to other personal property of a resident. C. Management is not liable for any damage or injury which may be sustained by the resident or any other person as a consequence of the failure, breakage, leakage or obstruction of the water, sewer, waste, or soil pipes, the electrical systems, or for any other reason; or resulting from the carelessness, negligence or improper conduct on the part of any resident, any guest, or any other person not employed by management. All residents are urged to obtain insurance. 7 IMPORTANT NOTICE REQUIRED BY LAW The rules set forth below govern the terms of your lease or occupancy agreement with this mobile home park. The law requires all of these rules to be fair and reasonable. You may continue to stay in this park as long as you pay your rent and other reasonable fees, service charges and assessments hereinafter set forth and abide by the rules of the park. Entrance and exit fees may not be charged. Installation and removal fees may not be charged in excess of the actual cost of the mobile home park owner or operator for providing such service of the installation or removal of a mobile home in a mobile home space. You may be evicted for any of the following reasons: 1. Non payment of rent. 2. A second or subsequent violation of the mobile home park occurring within a six- month period. 3. If there is a change in use of the park land or parts thereof. 4. Termination of mobile home park. You shall only be evicted in accordance with the following procedure: 1. A resident shall not be evicted by any self-help measure. 2. Prior to commencement of any eviction proceeding, the mobile home park owner shall notify you in writing of the breach or violation of the lease or park rules by certified or registered mail. a. In the case of nonpayment of rent, the notice shall state that an eviction proceeding may be commenced if the mobile home resident does not pay the overdue rent within twenty (20) days from the date of service if the notice is given on or after April 1, and before September 1, and thirty (30) days if given on or after September 1, and before April 1 or an additional nonpayment of rent occurring within six (6) months of the giving of the notice may result in immediate eviction proceedings. b. In the case of a breach of the lease or violation of the park rules, other than nonpayment of rent, the notice shall describe the particular breach or violation. No eviction action shall be commenced unless you have been notified as required by this section, and upon a second or subsequent violation or breach occurring within six months, the mobile home park owner may commence eviction proceedings at any time within sixty (60) days of the last violation or breach. You shall not be evicted when there is proof that the rules you are accused of violating are not enforced with respect to the other mobile home residents or nonresidents on the park premises. In addition, no eviction proceedings for nonpayment of rent may be commenced against you 8 until you have received notice by certified or registered mail of the nonpayment and have been given twenty (20) days from the date of service if the notice is given on or after April 1 and before September 1, and thirty (30) days if given on or after September 1 and before April 1, to pay the overdue rent. However, only one notice of overdue rent is required to be sent to you during any six-month period. If a second or additional violation occurs within six (6) months from the date of the first notice, then eviction proceedings may be immediately started against you. You are entitled to purchase goods or services from a seller of your choice and the park owner shall not restrict your right to do so. If you desire to sell your mobile home, the mobile home park owner may not prevent the sale and may not claim any fee in connection therewith, unless there exists a separate written agreement. However, the mobile home park owner may reserve the right to approve the purchaser as a resident in the mobile home park. Enforcement of the Mobile Home Park Rights Act is by the Attorney General of the Commonwealth of Pennsylvania or the District Attorney of the county in which the mobile home park is located. You may also bring a private cause of action. If your rights are violated you may contact the State Bureau of Consumer Protection or your local District Attorney. I/WE THE UNDERSIGNED ACKNOWLEDGE THAT I/WE HAVE READ AND RECEIVED THE RULES AND REGULATIONS AND AGREE TO ABIDE BY AND BE LEGALLY BOUND BY THE SAME. I/WE ARE AWARE THAT THESE RULES AND REGULATIONS ARE INCORPORATED INTO OUR LEASE. I/WE UNDERSTAND THESE RULES AND REGULATIONS MAY BE CHANGED FROM TIME TO TIME UPON THIRTY (30) DAYS NOTICE. DATED: LESSEE: LESSEE: 51_6 lk_L? ox) of 5 coo r ti Sv c l} L? 01 9 ?ddbit C r I , 1PM1' Property Management, Inc. April 3, 2001 Mike Fetter 18 Spring Garden Estates Carlisle, PA 17013 RE: Rule Violation Dear Mr. Fetter: SPRING GARDEN ESTATES Notice Of Rule Violation FIRST NOTICE ` CERTIFIED MAIL Receipt # 7099 3400 00014133 3906 NOTICE IS HEREBY GIVEN, Pursuant of PA Act No. 261 of 1976, That You: (?) 1. Have violated the Rules and Regulations of this Park and/or Lease Provisions. This violation must be corrected at once. You may be evicted from the park if you violate Park Rules and Regulations or Lease Provisions within six (6) months of this notice. () 2. This is your second notice of violation of Park Rules and Regulations within six (6) months, and eviction proceedings against you may be commenced. Rules & Regulations Section V. Motor Vehicles Paragraph B Please make arrangements to park one of your three vehicles outside of the community. Only two vehicles per lot are permitted. Lease Section 23 Pets Please make arrangements within the next ten (10) days to remove one of your dogs from the park. Only on house pet is permitted. Please contact our office ¦ Complete items 1, 2, and 3. Nso complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse SinCe[el so that we can return the card to you. Sincerely, ¦ Attach this card to the back of the mailplece, PROPERTY MANAGEN or on the front If space permits. Lu Hocker, ACM Manager Manufactured Homes Div, CC: Martha Shover 1. Article Addressed to: oarM A. Received by (Please Print Clearly) B. Date oe' N 0. Signature ?1 9e X % it ?? ? Add D. Is delNery address d Brent from Nom 17 ? Yes If YES. enter delivery address below: ? No IS I pe il M a d mail ? Express 7 t7 Return Receipt for Marchand) OReglstersd d Mail ? C.O.D. 4. Restricted Delivery? F AM Fee) ? Yes 1300 Market Street • P.O. Box 622 2. Article Number (copy from service label) 2??a ??o ooa l ??? 3 3 906 - Re. lot 102595 99-M 1 rf Property Management, Inc. RECORD OF VERBAL NOTIFICATION OF RULES VIOLATION DATE I - a a - 01 TIME11;Lo PM LOT ,lk / NAME /Y)y ` Z7rw . r r r Nanager's-?ignature Resident's Signature 1300 Market Street • F.O. Box 622 • Lemovne. Pennsvivania • 17043-0622 • (7171730-4141 i-LL? "I r r 1 ? ? ? ? ? ? 1 . i , Imh Property Management, Inc. May 14, 2001 "MikeiFetter 18 Spring Garden Estates Carlisle, PA 17013 RE: Rule Violation Dear Mr. Fetter: SPRING GARDEN ESTATES Notice Of Rule Violation SECOND NOTICE CERTIFIED MAIL Receipt # 7099 3400 0001 4133 8185 NOTICE IS HEREBY GIVEN, Pursuant of PA Act No. 261 of 1976, That You: () 1. Have violated the Rules and Regulations of this Park and/or Lease Provisions. This violation must be corrected at once. You may be evicted from the park if you violate Park Rules and Regulations or Lease Provisions within six (6) months of this notice. (?) 2. This is your second notice of violation of Park Rules and Regulations within six (6) months, and eviction proceedings against you may be commenced. Rules & Regulations Section V. Motor Vehicles Paragraph B As of May 8, 2001 you still have three vehicles parked at your home. Only two vehicles per lot are permitted. Remove one of your vehicles from the community immediately. Lease Section 23 Pets We were informed that as of May 8, 2001 you still have two dogs. You are in violation of the Lease that you signed. Make arrangements to keep one of your dogs outside of the park. Correct this matter immediately. Please contact our office if you have any questions. i CERTIFIED MAIL RECEIPT to (DOmc-stic M.-Jil 011/y: No Insurance Coverage Provided) Co Sincerely, cc 7 PROPERTY MANAGEMENT, INC. M Q 141C ri/7?? a Postage E I'VV ? Lu Hocker ACM ceMged Fee s a a ? Postmark ' Manager C3 Retum Receipt Fee Nero Manufactured Homes Division C3 (Endarsement ReRW red) Reaomw DeMery Fee (Endorsement Required) Total Poabga 8 Feea $ 3. 7 m N W/ CC: Martha Shover ? e Prl ( rIYI be comp/etetl by mailer) P 1 f t. No.. orPo Box Nc ..................................................... 1300 Market Street • P.O. Box 622 • Lemoyne, Pennsylvania • 17(° -`,r` a see ,zip+a ...................... ? ? i s Exh#* D I i , c NOTICE TO QUIT DUE TO RULE VIOLATIONS NAME OF LANDLORD: Spring Garden Estates Mike Fetter NAME OF TENANT: DATE OF LEASE: January 1, 1996 LEASED PREMISES: 1S Spring Garden Estates' Carlisle, PA 17013 DATE OF NOTICE June 7, 2001 TO QUIT: TO: 18 Spring Garden Estates Carlisle, PA 17013 YOU ARE HEREBY GIVEN NOTICE TO QUIT THE LEASED PREMISES DUE TO RULE VIOLATIONS. YOU MUST LEAVE THE LEASED PREMISES WITHIN 30 DAYS OF THIS NOTICE. IF YOU DO NOT LEAVE THE LEASED PREMISES AND GIVE POSSESSION OF THE LEASED PREMISES TO LANDLORD WITHIN THE ABOVXYERIOD, LANDLORD- MAY BEGIN APPROPRIATE LEGAL ACTION TO HAVE YOU REMOVED FROM THE LEASED PREMISES. Mike Fetter VERIFICATION The undersigned, t) / 0cJeto r- , hereby states that she is RQ -Pr y JPA&jpCv? of Property Management, Inc., agent of the Plaintiff, and that the statements of fact made in the foregoing Complaint are true and correct either upon personal knowledge or to the best of her information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date: ?e{ ZOo/ Q r J . I . CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served by mailing, first class mail, postage prepaid, on the date set forth below, upon the following: Philip C. Briganti, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 APPEL & POST LLP BY: Robert W. Hallinger I.D. No. 37066 Attorneys for Plaintiffs 33 North Duke Street Lancaster, PA 17602 (717) 394-0521 Date: k z Q- d cJ < o ,? ? cl? O V _ O P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOMEPARK and PROPERTY MANAGEMENT, INC., Plaintiffs Vs. MICHAEL FETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM NOTICE TO PLEAD TO: P. Chandra S. Chadaga, t/d/b/a Spring Garden Estates Mobile Home Park and Property Management, Inc. You are hereby notified to file a written response to the attached New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: o lzllal Philip C. riganti Counsel for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOMEPARK and PROPERTY MANAGEMENT, INC., Plaintiffs VS. MICHAEL FETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. There is no Paragraph 5 in Plaintiffs' Complaint. 6. Admitted. 7. Defendant repeats and incorporates by reference his averments set forth above in Paragraphs I through 6. 8. Denied. Defendant denies that under the terms of the Lease and the Rules and Regulations, Defendant agreed that the only pets permitted at SG Estates are one house cat per resident. 9. Denied. Defendant denies that he has breached the terms of the Lease by keeping two dogs at his unit in SG Estates, and that he continued said alleged breach despite having received the written notices specified in Paragraph 9 of Plaintiffs' Complaint. 10. Admitted in part and denied in part. Defendant admits that Spring Garden notified him to quit the premises within thirty days by a written Notice to Quit dated June 7, 2001, which is attached to Plaintiffs' Complaint as Exhibit "D". Defendant denies that by said Notice to Quit, Spring Garden terminated the lease for rule violations. 11. Admitted. 12. Defendant repeats and incorporates by reference his averments set forth above in paragraphs 1 through 6. 13. Admitted in part and denied in part. Defendant admits that under the terms of the Lease and the Rules and Regulations, unlicensed, uninspected or inoperable vehicles are not permitted in SG Estates. Defendant denies that under the terms of the Lease and the Rules and Regulations, he agreed that only two (2) vehicles per lot are permitted. 14. Denied. Defendant denies that he has breached the terms of the Lease by keeping three (3) motor vehicles at his lot in SG Estates, denies that any of the vehicles he keeps or kept in the park were or are uninspected or inoperable, and denies that he continued said alleged breach despite two written notices of violation dated April 3, 2001, and May 14, 2001. 15. Admitted in part and denied in part. Defendant repeats and incorporates by reference his averments set forth above in Paragraph 10. 16. Admitted. NEW MATTER 17. Neither the parties' Lease, nor the plaintiffs' Rules and Regulations, prohibit residents of Spring Garden Estates from keeping dogs in the park or limit the number of dogs that residents may keep. 18. Plaintiffs are estopped from evicting Defendant for having dogs because the park manager at Spring Garden Estates knew that Defendant had one dog when he moved into the park in 1995 and acquired a second dog in or about March 1997, and Plaintiffs did not object to the dogs or take any action to enforce any alleged rule prohibiting the dogs from the park until in or about April 2001, which inaction Defendant relied upon in keeping and growing attached to these animals. 19. Contrary to the requirements of Section 4 of the Mobile Home Park Rights Act (68 P.S. Section 398.4), Plaintiffs do not uniformly enforce any rules or lease provisions which Plaintiffs allege limit the number of pets residents may keep in the park or prohibit residents from keeping dogs in the park, and therefore cannot evict Defendant for allegedly violating any said rules or lease provisions. 20. Neither the parties' lease, nor Plaintiffs' Rules and Regulations, strictly limit Spring Garden Estates residents to two vehicles per lot. 21. Contrary to the requirements of Section 4 of the Mobile Home Park Rights Act (68 P.S. Section 398.4), Plaintiffs do not uniformly enforce any rules or lease provisions which Plaintiffs allege limit the number of vehicles that residents of Spring Garden Estates are permitted to keep in the park, and therefore cannot evict Defendant for allegedly violating any said rules or lease provisions. 22. Contrary to the requirements of Section 4 of the Mobile Home Park Rights Act (68 P.S. Section 398.4), Plaintiffs do not uniformly enforce any rules or lease provisions which Plaintiffs allege prohibit residents from keeping unlicensed, uninspected or inoperable vehicles at Spring Garden Estates, and therefore cannot evict Defendant for allegedly violating any said rules or lease provisions. 23. Defendant has complied with Plaintiffs' request to remove one of his vehicles from the mobile home park. 24. Plaintiffs' park rules and regulations are not enforceable, because they are not posted in a conspicuous and readily accessible place in Spring Garden Estates Mobile Home Park, in violation of Section 4 of the Mobile Home Park Rights Act (68 P.S. Section 398.4). WHEREFORE, Defendant respectfully requests that judgment be entered in favor of Defendant and against Plaintiffs, and for such other and further relief as this Court may deem reasonable and just. Respectfully submitted, Date: ? 44? lip C. riganti Counsel for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I, Michael Fetter, hereby verify that that I have read the foregoing Answer and New Matter, and that the statements of fact therein 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 P.S. Section 4904, relating to unworn falsification to authorities. Date: Michael "Fetter P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs Vs. MICHAEL FETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this day of October, 2001, serving a copy of the foregoing Notice to Plead, Answer, and New Matter upon Plaintiffs' counsel, Robert W. Hallinger, Esquire, at the following address by first-class U.S. mail, postage prepaid: Robert W. Hallinger, Esquire APPEL AND YOST, LLP 33 N. Duke Street Lancaster, PA 17602 hilip . Briganti Counsel for Defendant MIDPENN LEGAL SERVICES. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 c7 c? ?. o mr_i _.? 1 7 r - ` y- t7 ? n-r U ? -G cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs VS. MICHAEL FETTER, Defendant CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM REPLY TO NEW MATTER Plaintiff hereby makes the following reply to New Matter of the Defendant, corresponding to the numbered paragraphs thereof: Plaintiff incorporates herein by reference the averments of paragraphs 1 through 16 of the Complaint, in response to Defendant's New Matter. 17. Denied as the conclusion of law. Answering further, the Lease states in T23 that the only permissible pet is one house cat. 18. Denied as the conclusion of law. Answering further, neither Plaintiff nor his agents acquiesced in Defendant's violation of the pet rules. 19. Denied as the conclusion of law. Answering further, neither Plaintiff nor his agents knowingly failed to uniformly enforce any rules or lease provisions applicable to residents at Spring Garden Estates. 20. Denied as a conclusion of law. Answering further, Plaintiff incorporates by reference its ¶ 13 and 14 of the Complaint. 21. Denied as the conclusion of law. Answering further, neither Plaintiff nor his agents knowingly failed to uniformly enforce any rules or lease provisions applicable to residents at Spring Garden Estates. 22. Denied as the conclusion of law. Answering further, Plaintiff incorporates by reference¶ 13 and 14 of the Complaint. 23. After reasonable investigation, Plaintiff is unable to determine the truth of the facts averred in 123, and the same are therefore deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. 24. Denied. To the contrary, the Plaintiffls's Rules and Regulations were readily accessible and conspicuous for all residents. Answering further, Defendant had clear notice of the lease requirements and rules, having signed both documents before moving to Spring Garden Estates. WHEREFORE, the Plaintiffs request that judgment be entered in their favor and against the Defendant for possession of the premises, and costs of suit. Date: 11 /r 61 APPEL & YO Y: Robert Halling uire Attorneys for Plaintiffs PA ID #37066 33 North Duke Street Lancaster, PA 17602 (717) 394-0521 -2- NOV-12-01 MON 11;10 AM APPEL & YOST LLP FAX NO, 717 299 9781 P. 07 'VERIFICATION The undersigned, .Cl( 110CA, hereby states that ho/she is ??rs/f enfof the Plaintiff; , and that the statcalenls of fact made in the foregoing Complaint are true and correct either upon personal knowledge or to the best of his/her information and belief, The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities, Date: -3- CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served by mailing, first class mail, postage prepaid, on the date set forth below, upon the following: Philip C. Briganti, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 APPEL & YOST LLP BY: Robert W. Hallinger I.D. No. 37066 Attorneys for Plaintiffs 33 North Duke Street Lancaster, PA 17602 Date: (717) 394-0521 l? ?? ?? C3 o O 7 t M (11 zt- J G G' ..p 7? -yy' ?C, _y inn p0 N ?m P. Chandra S. Chadage, t/d/ba Spring Garden Estates Mobile Hone Park and Property Management, Inc. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA S3G.5 NO. 01-52W_ CIVIL 19 Vs. Michael Fetter Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert W. Ballinger , counsel for the aint' defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ "15.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respe y , Robert W. Hallinger, I.D. 37066 ORDER OF COURT AND NOW, foregoing Esq., and actions) as prayed for. ,4*'VUj in consideration of the Esq., are appointed arbitrators in M/feabove captioned action (or By the Cou , P.J. P. CHANDRA S. CHADAGA, t/d/b/a/ SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. MICHAEL FETTER, Defendant NO. 01-5365 CIVIL TERM IN RE: ARBITRATION ORDER OF COURT AND NOW, this day of July, 2002 the Court having been informed that Douglas M. Wolfberg has withdrawn as an arbitrator in the above case, Stephen Fugett, Esquire is appointed as an arbitrator in his place. By the Court, Dated: Geor e off*? c£ Robert W. Hallinger, Esquire, Attorney for Plaintiff Philip C. Briganti, Esquire, Attorney for Defendant Barbara A. Zimmerman, Esquire, Arbitrator Stephen Fugett, Esquire Douglas Wolfberg, Esquire Court Administrator t b tiiNVAI, C;NPJ]d L? ?!!'," c? ?dilln JERRYA.WEIGLE WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law 126 EAST KING STREET Associates SHIPPENSBURG, PENNSYLVANIA 17257-1397 JOSEPH P. RUANE RICHARD I. WEBBER, JB. TELEPHONE (717) 532-7385 or (717) 776-4295 FAX (717) 532-6552 Of Counsel THOMAS I.. BRIGHT July 23, 2002 VIA HAND DELIVERY Honorable George E. Hoffer, President Judge for Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: P. Chandra S. Chadaga et al v. Fetter No. 01-5365 Civil Term Dear Judge Hoffer: I am the Chairman of the Arbitration Panel in the matter referenced above. A hearing is scheduled for July 26, 2002 at 9:30 A.M. I recently received correspondence from Douglas M. Wolfberg, Esquire indicating that he does not feel that is appropriate that he serve as an arbitrator in this matter due to a prior business relationship. I have enclosed a copy of his letter. I am therefore requesting that you appoint another arbitrator in his place. I discussed this matter with your Secretary, Sandy on Thursday, July 18, 2002. PAGE, WOLFBERG & WIRTH LLC ATTORNEYS & COUNSELORS AT LAw JAMES O. PAGE 0 DOUGLAS M. WOLFBERG O STEPHEN R. WIRTH O CHRISTINA M. MELLOTT O JOHN MAYERNICK IV O 0 MEMBER, CALIFORNIA BAR O MEMBERS, PENNSYLVANIA BAR DOUGLAS M. WOLFBERG dwolfberg@pwwemslaw.com MAIN OFFICE 5010 EAST TRINDLE ROAD, SUITE 202 MECHANICSBURG, PA 17050 TELEPHONE (717) 691-0100 FACSIMILE (717) 691-1226 www.pwwemslaw.com WEST COAST OFFICE 2588 F EL CAMINO REAL #282 CARLSBAD, CA 92008 TELEPHONE (760) 729-2201 FACSIMILE (760) 729-2296 July 11, 2002 VIA FACSIMILE TO 532-6552 AND FIRST CLASS MAIL Richard L. Weber, Jr., Esquire Weigle & Associates 126 E. King Street Shippensburg, PA 17257 Re: ChadaQa et al. v. Fetter Dear Mr. Weber: As we discussed, our firm previously had a business relationship with Property Management, Inc., a plaintiff in this matter. Although I do not believe that this would impair my ability to fairly decide this case as an arbitrator, prudence dictates that I withdraw from this matter to avoid all potential appearance of bias. Therefore, please accept this letter as my withdrawal from this matter. Thank you for your courtesy. truly yours, Dougla M. olfberg for PAGE, WOLFBERG & WIRTH, LLC DMW: ? k q v.J ? Q )j o .? mmoo co, T4.?@v no i U :I I WV 91 UVO AHViC.- U lik' Ji tQ ?;Ai ?O D0114.0-0111A C o a r c CC7 ? ? ? ' act c= , ?r _t ? q jj G G G -a (0 /? r P. C?l6NO(cr C? d1 y/?o4 Y- f ?D `•f A4 Pn ^y ??df, f` fi In The Court of Coamton Pleas of ,1G ?? =n4- Cumberland County, Pennsylvania > No . y `oc 365 ) Di4 t OATH We do solemnly swear (or affirm) that we will support, bthisnCommon defend the Constitution of the United States and the Constitutlca of and that we will discharge the duties of our office with fidelity. wealth irman ? n r??_: f I k' ON??? AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) yF \tn ?G... G ?A,uIEL Arbitrator, dissents. (Insert name applicable.) / r Date of Hearing: 7 l ?6/o a Date of Award: -7116' a NOTICE OF ENTQY OF AWARD oot, at, ?• ?1• the above Now, the day of o2-?- award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators` compensation to be paid upon appeal: $ a90' , CC? t"74 o2- rn 7_ c - _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Appellant VS. MICHAEL FETTER, Appellee CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that P. Chandra S. Chadaga, t/d/b/a Spring Garden Estates Mobile Home Park, appeals from the award of the board of arbitrators entered in this case on July 26, 2002. A jury trial is demanded ?. (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that 1) The compensation of the arbitrators has been paid. No affidavit or verification is required. The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). APPEL & YOS-T%eLLP BY: Robert W. Hallinger, squire Attorney for Appellant I.D. No. 37066 33 N. Duke Street Lancaster, PA 17602 (717) 394-0521 Dated: AUGUST 21, 2002 C;l N 30 ?v N CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Notice of Appeal upon the persons indicated below by first class mail, postage prepaid, addressed as follows: Philip C. Briganti, Esquire MidPenn Legal Services Eight Irvine Row Carlisle, PA 17013 APPEL & YOST-TLP BY: _ Robert W. Hallinger, Esquire Attorney for Appellant I.D. No. 37066 33 N. Duke Street Lancaster, PA 17602 (717) 394-0521 Dated: AUGUST 21, 2002 ? O V j ? o a m ro ? N 7J (V ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs VS. MICHAEL FETTER, Defendant CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM PLAINTIFF'S MOTION TO RELEASE ESCROWED RENT Plaintiff P. Chandra S. Chadaga, by his attorneys Appel & Yost LLP, and pursuant to Pa.R.C.P.D.J. 1008.B., hereby moves the Court to enter an Order directing the Prothonotary to release from escrow to the Plaintiff the accumulated rent paid into Court by Defendant in the above captioned matter, and in support thereof avers the following: 1. Plaintiff Landlord filed the above-captioned action against Defendant Tenant seeking to enforce termination of a residential lease for a mobile home park lot based on violation of pet rules. 2. The matter began as an action for possession before a District Justice, from whose decision the Defendant Tenant appealed. 3. Following an arbitration trial in the Court of Common Pleas, the Board of arbitration found in favor of Defendant Tenant in a split decision, and Plaintiff Landlord appealed. 4. Following the initial appeal from the District Justice, Defendant Tenant began paying 1 rent into Court, apparently pursuant to Pa. R.C.P.D.J. 1008.B., and has continued to do so to date. 5. The Prothonotary has accumulated escrowed rent in this matter in the amount of several thousand dollars. 6. Pursuant to Pa. R.C.P.D.J. 1008.B., upon application of the landlord, the Court shall release appropriate sums from the escrow account on a continuing basis to compensate the landlord for the tenant's actual possession and use of the premises during the pendency of the appeal. 7. Defendant Tenant has continued to reside at and possess the property in question during the pendency of the Landlord's appeal. WHEREFORE, Plaintiff Landlord hereby moves the Honorable Court to enter an Order directing the Prothonotary to release all escrow funds held in this matter to Plaintiff Landlord, and hereafter to forward future rent payments received by the Prothonotary to Plaintiff Landlord on a continuing monthly basis. Respectfully submitted, APPEL & YOST LL.P -it Robert W. Attorney I.D. NNo. 37066 Attorneys for :Plaintiff 33 North Duke Street Lancaster, Pennsylvania 17602 Telephone: (717) 394-0521 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served by mailing, first class mail, postage prepaid, on the date set forth below, upon the following: Philip C. Briganti, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 APPEL & YOST LLP BY: Robert W. I.D. No. 37066 Date: 511' -U-3 Attorneys for Plaintiffs 33 North. Duke Street Lancaster, PA 17602 (717) 394-0521 3 ? ?. - ? J T a "' _. - -, (! ? (__ __ r:'???; J - yr (-? _. ..? -;-; t .. : ' r1' ? . t ?t -°'T ,? "< . __ _a? -ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., Plaintiff, CIVIL DIVISION NO. 01-7075 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 vs. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TOR LE 31291 National City Mortgage Co, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 924 Alexander Spring Road, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Michele L. Graff 924 Alexander Spring Road Kimberly L. Hileman Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA. 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Dickinson Township Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Court of Common Pleas of Cumberland County Domestic Relations Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse 1044 Pine Road Carlisle, PA 17013 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA. 17013 One Courthouse Square Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 924 Alexander Spring Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. May 8. 200 Date SWORN TO and subscribed before me this 8th day of May, 2003. 1\Totary Publi Louis P. Vitti, Esquire Attorney for Plaintiff WT AWL W-4L idle A lVIMGRWA, WrARY PUBLIC CRYOFRrnWURON, Au EIiH W COUNTY WCOIYI AN N SPRES OCTOBER 17, 2005 J ? L P. CHANDRA S. CHADAGA, IN THE COURT OF COMMON PLEAS OF t/d/b/a SPRING GARDEN CUMBERLAND COUNTY, PENNSYLVANIA ESTATES MOBILE HOME PARK, : and PROPERTY MANAGEMENT, INC., Plaintiffs CIVIL ACTION - LAW Vs. 01-5365 CIVIL MICHAEL FETTER, Defendant RE: MOTION TO RELEASE ESCROWED RENT ORDER AND NOW, this L o ` day of May, 2003, a rule is issued on the defendants to show cause why the relief requested in the within motion ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, A. Hess, J. U? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs vs. CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM MICHAEL FETTER, Defendant MOTION TO MAKE RULE ABSOLUTE The Movant is P. Chandra S. Chadaga t/b/b/a Spring Garden Estate Mobile Home Park and Property Management, Inc., Plaintiffs in the above-captioned matter. 2. The Respondent is Michael Fetter, the Defendant in the above-captioned matter. On May 13, 2003, Movant filed a Motion to Release Escrowed Rent, a copy of which is attached hereto as Exhibit "A". 4. The Honorable Judge Hess entered an Order issuing a Rule on the Defendants to show cause why Plaintiff s Motion to Release Escrowed Rent shall not be granted. 5. This Rule was served upon Defendant on May 27, 2003. 6. Defendant notified Plaintiff by letter dated June 2003 that he does not oppose Plaintiffs Motion and will not be filing a response to the rule to show cause. A copy of the letter is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the Court enter an Order in the form attached hereto. APPEL & Y09T, LLP Robert W. Ralling Attorneys for MON I.D. No. 37066 33 N. Duke Street Lancaster, PA 17602 (717) 394-0SQ1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs VS. MICHAEL FETTER, Defendant t" m CIVIL ACTION - LAWS, , NO. 01-5365 CIVIL TEI , PLAINTIFF'S MOTION TO RELEASE ESCROWED RENT Plaintiff P. Chandra S. Chadaga, by his attorneys Appel & Yost LLP, and pursuant to Pa.R.C.P.D.J. 1008.B., hereby moves the Court to enter an Order directing the Prothonotary to release from escrow to the Plaintiff the accumulated rent paid into Court by Defendant in the above captioned matter, and in support thereof avers the following: 1. Plaintiff Landlord filed the above-captioned action against Defendant Tenant seeking to enforce termination of a residential lease for a mobile home park lot based on violation of pet rules. 2. The matter began as an action for possession before a District Justice, from whose decision the Defendant Tenant appealed. 3. Following an arbitration trial in the Court of Common Pleas, the Board of arbitration found in favor of Defendant Tenant in a split decision, and Plaintiff Landlord appealed. 4. Following the initial appeal from the District Justice, Defendant Tenant began paying 1 rent into Court, apparently pursuant to Pa. R.C.P.D.J. 1008.B., and has continued to do so to date. 5. The Prothonotary has accumulated escrowed rent in this matter in the amount of several thousand dollars. 6. Pursuant to Pa. R.C.P.D.J. 1008.B., upon application of the landlord, the Court shall release appropriate sums from the escrow account on a continuing basis to compensate the landlord for the tenant's actual possession and use of the premises during the pendency of the appeal. 7. Defendant Tenant has continued to reside at and possess the property in question during the pendency of the Landlord's appeal. WHEREFORE, Plaintiff Landlord hereby moves the Honorable Court to enter an Order directing the Prothonotary to release all escrow funds held in this matter to Plaintiff Landlord, and hereafter to forward future rent payments received by the Prothonotary to Plaintiff Landlord on a continuing monthly basis. Respectfully submitted, APPEL & YOST.LLP BY. e Robert W. Enger-- Attorney I.D. No. 37066 Attorneys for Plaintiff 33 North Duke Street Lancaster, Pennsylvania 17602 Telephone: (717) 394-0521 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served by mailing, first class mail, postage prepaid, on the date set forth below, upon the following: Philip C. Briganti, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 APPEL & YOST LLP 9 ,J`%/1 BY: / Robert NV. flinger- - I.D. No. 37066 Attorneys for Plaintiffs 33 North Duke Street Lancaster, PA 17602 /? _ v, (717) 394-0521 II?IIII? . N idPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Phone 717-243-9400 1-800-822-5288 FAX 717-243-8026 www.rnidperai.org June 5, 2003 Robert W. Hallinger, Esquire APPEL AND YOST, LLP 33 N. Duke Street Lancaster, PA 17602 RE: Chada¢a and Property Management. Inc. v. Fetter No. 01-5365 Civil Term Dear Mr. Hallinger: Mr. Fetter does not oppose Plaintiff s Motion to Release Escrowed Rent. Accordingly, I will not be filing a response to the rule to show cause. Thank you for your attention to this matter. Please contact me if you have any questions. Sincerely, MIDPENN LEGAL SERVICES Philip C. riganti C: Michael Fetter s! LSC CERTIFICATE OF SERVICE. The undersigned hereby certifies that a true and correct copy of the foregoing Motion was served by mailing, first class, postage prepaid, to the following: Philip C. Brigand, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 APPEL & YOST BY: Robert W. Hallinng r,-s Attorneys for Plaintiffs I.D. No. 37066 33 N. Duke Street Lancaster, PA 17602 (717) 394-0521 Dated: -un- 1 n O n3 Cl -i _ .. j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs VS. MICHAEL FETTER, Defendant CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 1. The Movant is P. Chandra S. Chadaga t/b/b/a Spring Garden Estate Mobile Home Park and Property Management, Inc., Plaintiffs in the above-captioned matter. 2. The Respondent is Michael Fetter, the Defendant in the above-captioned matter. On May 13, 2003, Movant filed a Motion to Release Escrowed Rent, a copy of which is attached hereto as Exhibit "A". 4. The Honorable Judge Hess entered an Order issuing a Rule on the Defendants to show cause why Plaintiff s Motion to Release Escrowed Rent shall not be granted. 5. This Rule was served upon Defendant on May 27., 2003. 6. Defendant notified Plaintiff by letter dated June 5, 2003 that he does not oppose Plaintiff s Motion and will not be filing a response to the rule to show cause. A copy of the letter is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the Court enter an Order in the form attached hereto. APPEL & Y410KT, LLP Robert W. allinger, E Attorneys for Movant/P'. I.D. No. 37066 33 N. Duke Street Lancaster, PA 17602 (717) 394-0521 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served by mailing, first class mail, postage prepaid, on the date set forth below, upon the following: Philip C. Briganti, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 APPEL & YOST LLP s BY: Robert W. hallinger No. 37066 Date: 5-1x- ,/)S Attorneys for Plaintiffs 33 North Duke Street Lancaster, PA 17602 (717) 394-0521 IZSO-b6£ (LIL) :ouogdolol Z09LI eiuenl,Csuuad `jalseoue7 IaajlS aalnQ gpoN ££ 33lluigld jo3 sdaujouy 990L£ 'OM'G*l gau.IO14V ------ a Tii 't41 uago2I y f .fig.. d77ISOd T 79ddV `pal4!mgns XjVUloodsag siseq XRuoui Suinuiluoa a uo pjolpue-133iluield of Amouoglojd otp Aq paniaaaj sluouz,ied luaj am4n3 pnAuo3 of jageajag pug `pjolpue'I33iluield of janum sup ui plai spun3 mojoso IIe asealoi of Sniouoglojd agl Suilowip japjp ue jaluo of lmoD algejouog agl saeom Agajag pjoipug'I33iluield `aHo!laHmgm •Ieadde s,pjolpug7 oql jo Aouapuad agl Suunp uoilsonb ui 64jadojd ail ssassod pue le opisoj of ponuiluoo seg IueuaZ luepua;aQ .L •Ieadde agl3o,0uapuod ail Suimp sasiutajd aql;o asn pue uoissassod Ienloe s,lueual ail jo3 pjolpjei ail alesuadmoo of siseq Sumuguoo a uo lunoooe mojoso ail uiog sums aleudojdde asealaj hugs ymoD aql `pjolpugl aql;o uoileoilddg uodn `9.8001 'f'Q'd'o'2I'ed of luensmd '9 •s.mllop puesnogl lejanas 30 lunouie agl ui jaueui sigl ui luaj paenojoso polelnumooe seq ,Smouoglojd ags ' S •alep of os op of ponunuoo seq pug "EI*8001 'f'Q'd"o'2I 'ed of Iuensjnd Xlluoxedde `lmoo olui luaj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs VS. MICHAEL FETTER, Defendant 0 -D a c CIVIL ACTION - LAWS, ; NO. 01-5365 CIVIL TEFL --, PLAINTIFF'S MOTION TO RELEASE ESCROWED RENT Plaintiff P. Chandra S. Chadaga, by his attorneys Appel & Yost LLP, and pursuant to Pa.R.C.P.D.J. 1008.B., hereby moves the Court to enter an Order directing the Prothonotary to release from escrow to the Plaintiff the accumulated rent paid into Court by Defendant in the above captioned matter, and in support thereof avers the following: 1. Plaintiff Landlord filed the above-captioned action against Defendant Tenant seeking to enforce termination of a residential lease for a mobile home park lot based on violation of pet rules. 2. The matter began as an action for possession before a District Justice, from whose decision the Defendant Tenant appealed. 3. Following an arbitration trial in the Court of Common Pleas, the Board of arbitration found in favor of Defendant Tenant in a split decision, and Plaintiff Landlord appealed. 4. Following the initial appeal from the District Justice, Defendant Tenant began paying 1 RECEIVED JUN J 6 2' III III N idPenn Legal Services 8Irvine Row, Carlisle, PA 17013 Phone 717-243-9400 1-800-822-5288 FAX 717-243-8026 www.nudpenn.org June 5, 2003 Robert W. Hallinger, Esquire APPEL AND YOST, LLP 33 N. Duke Street Lancaster, PA 17602 RE: Chada¢a and Property Management Inc. v. Fetter No. 01-5365 Civil Term Dear Mr. Hallinger: Mr. Fetter does not oppose Plaintiff s Motion to Release Escrowed Rent. Accordingly, I will not be filing a response to the rule to show cause. Thank you for your attention to this matter. Please contact me if you have any questions. Sincerely, MIDPENN LEGAL SERVICES Philip C. ngan ti C: Michael Fetter u! LSC CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion was served by mailing, first class, postage prepaid, to the following: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 APPEL & YOST BY: Robert W. HallingiM-,?Es Attorneys for Plaintiffs I.D. No. 37066 33 N. Duke Street Lancaster, PA 17602 (717) 394-0521 Dated: '- 10 ?On3 c> n -i < tb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs VS. MICHAEL FETTER, Defendant ORDER AND NOW this i 9 day of Ty CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM 2003, upon consideration of the Plaintiff's Motion to Release Escrowed Rent and Motion to Make Rule Absolute, and pursuant to Pa.R.C.P.D.J. 1008.B., it is hereby ORDERED AND DECREED that said Motion is granted as follows: 1. The Prothonotary shall release all current escrow funds in the above-captioned case to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.O. Box 622, Lemoyne, PA 17043-0622. 2. Hereafter, the Prothonotary shall release all escrow receipts in this case on a continuing monthly basis to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.O. Box 622, Lemoyne, PA 17043-0622, without further application or order. BY THE COURT: ,. e ;- ? M ? r L ? ?, ? J ? _ e L-?f ?. r-(n 't -'=? ?? ^J `?? `? ? ? T ? U r .? . ? J O ?u i f; v " m 3 M O i O ? N € xm s i >1 9 r{ g a h i .I w i ZF O 0i?QM U=ooo ODU' z¢Uz¢ ? ZaQZa g=30?w ?wUOw y Wowzx m Uwg0 L W 9 Vo U O O O ?D d' ?D U C H C N E a) Q ro C ro is N 0 a 0 U I N U 41 ro to W ro u ro b' C 1-1 O w¢ xw ?D O¢ ?O a Cl) Q J J O 0 W 116 Qr w? J 2 ?a Y m? a? rJO. s ? 1 i i i 1 l y In m a I .a i .a ,cc O cD m o' In a m m o a v 41 N +1 -? ro N NW r-I L > >r Ln 41 ?O N M w In 04 I O oa _u \G ? 13373307012003 Cumberland County Prothonotary's Office Paqe 1 PYS405 Manual Release Check Register 7/01/2003 Distribution Case No Accounting Escrow Tran Date Amount Date Release -------------------------------------------------------------------------------- 3845 PROPERTY MANAGEMENT INC Check Date: 07/01/2003 Check No.: 1354 RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 2001- 0`5365 O5365 0_`5365 05365 05365 05365 05365 05365 05365 05365 05365 05365 05365 05365 05365 05365 05365 05365 05365 05365 CASH 323.00 10/05/2001 CASH 323.00 11/02/2001 CASH 323.00 12/04/2001 CASH 323.00 1/03/2002 CASH 323.00 2/05/2002 CASH 323.00 3/04/2002 CASH 323.00 f /. CASH 323.00 4 16 2002 CASH 323.00 6/03/2002 CASH 323.00 7/01/2002 CASH 323.00 8(01/2002 CASH 323.00 9/03/2002 CASH 323.00 10/01/2002 CASH 323.00 11/04/2002 CASH 323.00 12/02/2002 CASH 323.00 12/26/2002 CASH 323.00 2/21/2003 CASH 323.00 4/03/2003 CASH 323.00 CASH 323.00 6/03/2003 Payee total: 6460.00 Grand total: 6,460.00 CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY 1361 ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 fi0-15038 ,7111 y 17 W200 313 PAY ORDETHE ROF Spring Garden Estates c/o Property Management Inc. $ 323.00 RLANO C PROTHONOTARY Q23dalSOO?'i6s DOLLAR? `s ORRs BANK 01-5365 "monthly rent" 1:0 3 1 3 150 361: 108 1 1 1 1 4 LIP i 36 r . r.. L: c •? 09284507172003 Cumberland County Prothonotary's Office Paqe 1 PYS405 Manual Release Check Register 7/17/2003 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------------- 3845 PROPERTY MANAGEMENT INC Check Date: 07/17/2003 Check No.: 1361 RENT 2001- 05365 PYMT/CASH 323.00 7/01/2003 Payee total: 323.00 -------------------------------------------------------------------------------- Grand total: 323.00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs vs. MICHAEL FETTER, Defendant ORDER AND NOW this /7' day of a u» CIVIL. ACTION - LAW NO. 01-5365 CIVIL TERM 2003, upon consideration of the Plaintiff's Motion to Release Escrowed Rent and Motion to Make Rule Absolute. and pursuant to Pa.R.C.P.D.J. 100S.B., it is hereby ORDERED AND D> CRrED that said Motion iS Granted as follows: 1. The Prothonotary shall release all current escrow lVnds in the above-ca,?tioned case to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.O. Box 622, Lemoyne, PA 17043-0622. 2. Hereafter, the Prothonotary shall release all escrow receipts in this case on a continuing monthly basis to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.O. Box 622, Lemoyne, PA 17043-0622, without furd)er application or order. . m'.uiII?TMg'?Y19/ilYfl6iq RilO [A 1111WIIMIUNIONI [Ill Il III 1 11 11 1 F 11. in BY THE COURT: v. LO rl- C`9 .-I n a ? Z4 i } Ozoo ? Ux?o ?ODU! ZaQZ¢ gmoo? U Wowzx< m?WE Q Vo Z U N Er ? a7 m a J 3 O M O O O O O N M M U C O H {I - N r) C ? v 0 0 F I 0. C} 5 ?y2 Apr O } G7 Q. R r. V. a rn F U: 0 w¢ xw Fp O¢ rp Q a 9tl31 NICC N?3F1'.J 3XI?1 3O m a - N U 1 ?I i i 1 i s co 0, 'ter 1 c0 M O ' In m .a ; m O N 41 N I w ; 1 1 a4J Ifl N a M a) l+ i 10582909042003 Cumberland County Prothonotary 's Office Pa e 1 0 PYS405 - Manual Release Check Regi ster /2003 9/ Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------- 3845 PROPERTY ------------------------------------- MANAGEMENT INC Check Date: ----------- 09/04/2003 ------------------ Check No.: 1375 RENT 2001- 05365 PYMT/CASH 323.00 8/19/2003 --------------- Payee total: ------------------------------------ 323.00 ----------- ------------------ Grand total: 323.00 09440306232004 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 6/23/2004 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3845 PROPERTY MANAGEMENT INC' Check Date: 06/23/2004 Check No.: 1449 RENT 2001- 05365 PYMT/CASH 323.00 6/04/2004 Payee total: 323.00 -------------------------------------------------------------------------------- Grand total: 323.00 "riLECi-i;rF?Cf; OF THE FPOTi i?lr1'i!?`:I 2004 A ' 23 .. + '' 15 CARS-OUT pE LVXE CHECK PFIN TEg6 ' ? ? O ? ' oolxuxxuo.a? D ul K w 9 j ' { mm AC . L A ril S rr (D n c r. m 1OC a n? - e IzmmW m pp. ID0m X00 I p' Z fr D S?Z 7 n a ' 4 0 wc oocin ?z ? ii0 ? r w S04 ar r Z o c I Ln pp m h r ? 1 r I r l "3 j r O A r f!1 ' i 1 w w o 0 0 o r Q 0 U) C?'a, -:y 01--53L5 Cn, 1n C ''J r 1 t%} ? CD S r? w N C,+ 4A r1 -(? -off c O P r w L, O m C) P. C ft rt? m r w LJl M d W Q? 1 •• 1 f O 1 1 r r r r 1 V i 5 4 ?? II $ D Oti m mm am O T 4an =C ox s pi ?v A? }WL k.,p. V! G "C 00 v O r D w N W N O O O O IP? c m m T °C 0 mm W 1-o0rrn a FnO O r n c `rmD >:yOwZ 400= wm?z O c c a? m ` I'A cn s 1 Y 13544907082004 Cumberland County Prothonotary 's Office Page 1 PYS405 Manual Release Check Regi ster 7/08/2004 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------- 3845 PROPERTY ------------------------------------ MANAGEMENT INC Check Date: ----------- 07/08/2004 ------------------ Check No.: 1455 RENT 2001- 05365 PYMT/CASH 323.00 7/02/2004 --------------- Payee total: ------------------------------------ 323.00 ----------- ------------------ Grand total: 323.00 [eP1TI r (T a Ln C C] i N C r (Dt rt i rt H F 3 m @ fD i i f0Y 0 r Y w r Ln p w i• O C3 l i r r 3 r I i 3 I r 'r i 9 w CARB-OUT OE LUXE CHECK PRINTERS D mo mm am O T A i 40n 9c rt n r:. 03 .40 N MM 0 Z? 0 *2 R. f Y a n , W W ? Ef3 rt . f 0 ? ry r w N O L A J W N W O 0 r 00 m TC OK 05mmco Mom CIO ?0 Mm? -00 MNK >: (OmZ ?00O=v Z?Wyz o c o sz c i m F+ OF THE P"[ I Z?04 L:' i 3 ?'i 1: 143 I 0 o o w A -4 " ° r 1 a m N ??ll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs vs. MICHAEL FETTER, ., Defendant ORDER AND`j FOW this /?* dayof iv•. L/ 1 CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM , 2003, upon consideration ofrbe Plaintiff s Motion to Release Escrowed Rent and Motion to Make Rule Absolute, and pursuant to Pa.R.C.P.D.J. 1008.B., it is hereby ORDERED AND DECREED that said Motion is granted as follows: 1. The Prothonotary shall release all current escrow funds in the above-captioned case to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P. 0. Box 62:2, Lemoyne, PA 17043-0622. 2. Hereafter, the Prothonotary shall release all escrow receipts in this case on a continuing monthly basis to Spring Garden Estates c/o Property Management, Inc., 13.00 Market Street, P.O. Box 622, Lemoyne, PA 17043-0622, without further application or order. " /i BY THE COURT: ?a ??_??e:?as Ren cl _r7 0V :323.00 It6 Izt a?64 J. H c4 N I M O U) I {- O ro ro 1 ?4 N 4-3 4) H N\ O btn q N I ro r-I a I ? I y0 H I LS N X roil U U NQ (Ij E 1U I _ 1 I ? N 10 U 0 -a $1J 1 N W O ?l I M UN U1? \ m,? w?C 1 O1 U) 10 h4 ro a) 1 ro 0 14 0 ro u q 0 U 1 ou U OU N 4 r 1u aw q IU U) -ri I >4 m 1) I .0 m G qrH 0 1 0U U Oa U U U 1 Ts m `? a? .U roq 1z rl ro 1 H 1 N O 1E Z w u m w ro 1 U 1? I I I 1 >4 o Z E O O W N H 1a M 1) 1 Q H W. rn A P4 O r r- 0 -3 d10 1-) I -W ?U) N Ico OU) co N>4 q M Ha 1 w 0 N \ r O m O O O O M M N N M M rH ro 0 cn Q,' N U N \ 7. E ro > a P4 P4 Ln M Ln 0 I rl O 0 N z w a ?- Lea IJ Cy \ C.Y ro? o h rn Q N ? C 3 G7 r h O w W Ln O w m O 03 N fr a ? r D D W mm OG, ham{ R, .7? m m O a' N X 2+ 1V 7 rr 1 5 ? rt ' v H ' n ^' o 0 w N w 0 0 O C ? On v ,T,C n3 nzmmCO ?o "OT moony ^co:? ms v no aclooo O ocoes "y2 O o a2 m m m 0 co m l' O f+ A CO Cumberland County Prothonotary's Office Page ??sus Manual Release Check Register 10/08/2004 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3845 PROPERTY MANAGEMENT INC Check Date: 10/08/2004 Check No.: 1479 RENT 2001- 05365 PYMT/CASH 323.00 10/05/2004 Payee total: 323.00 ----------------------------------------------------------------- - ------------- Grand total: 323.00 14041311102004 Cumberland County Prothonota.ry 's Office Page 1 PYS405 Manual Release Check Regi ster 11/1D/2004 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------- 3845 PROPERTY ------------------------------------ MANAGEMENT INC Check Date: ----------- 11/10/2004 ------------------ Check No.: 1487 RENT 2001- 05365 PYMT/CASH 323.00 11/08/2004 --------------- Payee total: ------------------------------------ 323.00 ----------- ------------------ Grand total: 323.00 cr' V) CD - _I La_ C7 .x N Q) CARB-OUT OE LUXE CHECK PRINTERS O O y ? 1 u 0° U'I m Z m W n LI. O T N rt. rt. 1 Fi ?• n 00 H N T? n?mmm mo om (D (D u E: M !r 0,0* ? `t cn a ?Za-DZ D?00 O MC ? vo0,cx o w 03 44% - U) 1-1 zo W-4 oC W dM ?" rd c aZ y M r 0 ?,, ~ O? fU m O LU rt r I ? H r 0 r 133 I r I co W N O i W IA , 0 O C O w ? OD r D L 4 REGISTER COPY CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY 1499 ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 60-15038 February 1 2005 313 PAYABLE TO Spring C,arrlen Estates c/o Property Manaaerlen't, Inc. 323.00 :V,- :'-. FEE COLLECTED (p?+7y????? UN URR l V V V 1 Y K DATE f 01-5365 - Release Rent D I 0 AC Property vs Fetter r 0 3 i 3 15 0 3 61: 106 1 1 1 14 1114 14 9 9'" • v ?z?o35u2012005 Cumberland County Prothonotary 's Office Page PYS405 Manual Release Check Regi ster 2/0 /200 Escrow Tran Date Distribution Case No Accounting Amount Date Releas --------------- 3845 PROPERTY ------------------------------------ MANAGEMENT INC Check Date: ----------- 02/01/2005 ----------------- Check No.: 149! RENT 2001- 05365 PYMT/CASH 323.00 1/03/2005 Payee total: ------------------------- 323.00 ----------- ------------------ --------------- ----------- Grand total: 323.00 11095103022005 Cumberland County Prothonotary's Office Pa e 1 PYS405 Manual Release Check Register 3/02/2005 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3845 PROPERTY MANAGEMENT INC Check Date: 03/02/2005 Check No.: 1501 RENT 2001- 05365 PYMT/CASH 323.00 2/07/2005 Payee total: 323.00 -------------------------------------------------------------------------------- Grand total: 323.00 0 r rt w rt ?0 A O? Ljl O r O W r W r Lrl O W T3 O 03 r r r r ff W rt rt N 7 n ? 0 n C m x n m 0; m 9 01 Mm 0= SO N 0. f m5 sVZ n 0o0 o;C20 woo o 2 m I N N O O N W N W m O ° r Cn r 13373903232005 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 3/23/2005 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3845 PROPERTY MANAGEMENT INC Check Date: 03/23/2005 Check No.: 1502 RENT 2001- 05365 PYMT/CASH 323.00 3/04/2005 Payee total: 323.00 -------------------------------------------------------------------------------- Grand total: 323.00 CA.RB-OUT OEIU%E CORPORATION 81f31V 00EW%E IXTtN/b01 ti, N 7 J oz cJ ? c«f U O ri tD t71 N Ln N U1 ( z D O rt O ? O m O 7C Irt • rr (D i• ? O W W Ln O W •i r O 07 r r I a r. O r r b 9 N it D 08 m 9m C7 b n m T C x m m W >inom 9 O 9 noo=r m z £ m D ?.Y o :2 n O ? > C) y?oz0 0 Jc m ` S m D m Li N Q W Y O 0 m r cn O N 10321812082004 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 12/08/2004 Distribution Case No Accounting Escrow Tran Date Amount Date Release -------------------------------------------------------------------------------- 3845 PROPERTY MANAGEMENT INC Check Date: 12/08/2004 Check No.: 1494 RENT 2001- 05365 PYMT/CASH 323.00 12/03/2004 Payee total: 323.00 CARB-OUT OE LUXE CHECK PRINTERS c netuxt-o o-: .p7' W O mO m LO rn = rj) 0 'n (D rt. (D (D C) m Fi C mm n? _ ma m oo c: m M m 0 e:*A cl D: nom O -pA ?G 000 0 ,0= -=, LW C w --I j w Qm w. O ?Q W '3 A Q r O r -a 0 r 0 i cl) d r ? r 00 , a 69 w N W N v °o p ? 0 WIW D 00 '? W 09071305112005 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 5/1I/2005 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------- 3845 PROPERTY MANAGEMENT ------------------------------------ INC Check Date: 05/11/2005 ------------------ Check No.: 1523 RENT 2001- 05365 PYMT/CASH 323.00 4/04/2005 RENT 2001- 05365 PYMT/CASH 323.00 5/04/2005 Payee total: 646.00 --------------- ----------- --------------------- Grand total: --------------- 646.00 ------------------ O/ ?,3 6 J,j 6 5-ra-o5 m mewxe ouzeoaa? 0 r U7 t L r _ . _ IL Lt vn cv roo w ? O N N. N rt ON ? O(D rrt O ?co `t (~D a i. (D N O W r w I r Ln O w U? r O 03 r r n 1 00 m? am H n t5 O 0 00 m ? C ? 5 m m W 0, on 'o m N O 0a mC.UmS y Z .U 9 Z D 4070 G o O C ? m z o c a Z m I N L O I O O O r r n ? ,p a rn y O N 4? to 09033906132005 Cumberland County Prothonotary 's Office Pa e 1 PYS405 Manual Release Check Regi ster 6/13/2005 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------- 3845 PROPERTY ------------------------------------ MANAGEMENT INC Check Date: ----------- 06/13/2005 ------------------ Check No.: 1531 RENT 2001- 05365 PYMT/CASH 323.00 6/03/2005 -- -- -------- Payee total: ------------------------------------ 323.00 ----------- ------------------ - - - Grand total: 323.00 ce) C M J O 0 Q M J ?r w a 0 a a ?, cD m v ? O a y W d T+ 7 O ?C 0 -` < Uoo N O a G e W J O y ? t? m W W "y V C7 w 'a Bo ? a a w H U $u'c Fc ? Y o '? a swo a 4Y.NYLM' 3#11300 /i l6 «B N0?1<tl OdHO'-1 3Xr'??? Y -? ? M r' of Llr 1 1.1 CO tkJ Li_ I zu tx- ') n 1 v ti M tp H W M ^7 O ? C 2 F ¢ m v0z O t ° U ev a aaa Ul 3 a €vo ca Lu Wgv U w 00 aa m n O M N Lo Q rv N co, -T W o i H + a LL m 4J a ?I a co a Q J I Ct ! N y N , N Q -a t11 ^M l!7 rr m H 4 ti m a Ln ?pcy?O co 4j- 4J i w 7 ,uiv0-,u05 Cumberland County Prothonotary 's Office Pa e PYS405 Manual Release Check Regi ster g 7/0 /200i Distribution Case No Accounting Escrow Amount Tran Date Date Release --------------- 3845 PROPERTY ------------------------------------ MANAGEMENT INC Check Date: ----------- 07/08/2005 ----------------- Check No.: 1537 RENT 2001- 05365 PYMT/CASH 323.00 7/06/2005 --------------- Payee total: ------------------------ 323.00 ------------ Grand total: ----------- 323.00 ------------------ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs vs. MICHAEL FETTER, Defendant ORDER CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM AND NOW this / 9 * day of TV ..+ 2003, upon consideration of the Plaintiffs Motion to Release Escrowed Rent and Motion to Make Rule Absolute, and pursuant to Pa.R.C.P.D.J. 1008.B., it is hereby ORDERED AND DECREED that said Motion is granted as follows: 1. The Prothonotary shall release all current escrow funds in the above-captioned case to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.O. Box 622, Lemoyne, PA 17043-0622. 2. Hereafter, the Prothonotary shall release all escrow receipts in this case on a continuing monthly basis to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.O. Box 622, Lemoyne, PA 17043-0622, without further application or order. BY THE COURT: vvoYzu/2.92005 Cumberland County Prothonotary 's Office Pagge PYS405 Manual Release Check Regi ster 7/29/20 Distribution Case No Accounting Escrow Amount Tran Date Date Relea --------------- 3845 PROPERTY ------------------------------------ MANAGEMENT INC Check Date: ----------- 07/29/2005 ---- - ---------- Check No.: 15: RENT 2001- 05365 PYMT/CASH 323.00 7/28/2005 --------------- Payee total: ------------------ 323.00 ------------------ Grand total: ----------- 323.00 ----------------- }' C 1 _ i I I: i ?? R M (U LQ ? o _N 1 ? Ut W CY, .13 rt ?o 0 N w @ r o w Ln O L" O C3 Y r C n m 0 C m 0 C ° on T m ,M 0 : 5 2 D 9 Z '710 oG ?0?i0 m ? ° C mm N t0 N O O pp-- N O ?3 O r r to D N W 9 m w O P O rn fa ? u C11 m W s CARB-OUT oewxe OOFPORATION 81131V ocewxc caveom?i a s ° o am N t t7 ' i 0 Li W m Ln O I c N O ? O p? 5Za r It r n 133 _ O O w c r N u-i O w rt p, rt .. n r O 133 00 am N lD ro 1 0 4A O r r p D P N O O 0 W T C m m > z m o m a c 9 m 0 m 9=tnis Z >7ooG oZon 0C o pZ c ? m °n m rt O (T N O O N 8 FA tri OD 10582410062005 Cumberland County Prothonotary's Office Pa 1 V PYS405 Manual Release Check Register 10/ /2005 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------- 3845 PROPERTY ----------------------------------------------- MANAGEMENT INC Check Date: 10/06/2005 ------------------ Check No.: 1548 RENT 2001- 05365 PYMT/CASH 323.00 9/01/2005 RENT 2001- 05365 PYMT/CASH 323.00 10/05/2005 -- ------------ Payee total: ------------------------------- 646.00 ---------------- ------------------ - Grand total: 646.00 09483811182005 Cumberland County Prothonotary's Office Pagj2001 PYS405 Manual Release Check Register 11/1 Distribution Case No Accounting Escrow Tran Date Amount Date Release -------------------------------------------------------------------------------- 3845 PROPERTY MANAGEMENT INC Check Date: 11/16/2005 Check No.: 1557 RENT 2001- 05365 PYMT/CASH 323.00 11/07/2005 Payee total: 323.00 Grand total: 323.00 November 17, 2005 Spring Garden EstateF Property Mgmt. Inc. tj 13t' W-4 10 CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 1557 60-1503/313 323.00 ORR5TOWN BANK TIABLE 01-5365 Civil - Release Rent - Spring vs Fetter 000155711' 1:03131S0361: 1013 11117i6l' CARB-OUT oEtiuxE ?oAPOAAT?oti o ocwxe comewa' 81131V c < 1 8 C im a c a C F D D w Ul Ln D w r W LT c u u i ro ?C 5 m m W ?zgom ?oy'^7p m C m > v Z 00 oa ?o °c Z O w9 oC o s c -? m m L W N W o O in O ? ---------------- cn -J ? N 1 rr+ ?I N G7 O (Ol?J C v CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY 1583 - ESCROW ACCOUNT m CUMSERLAND COUNTY COUNT HOUSE ej CARLISLE, PA 17013 DeCeMber 20, 6015031313 2005 DATE O ; P p RAY TOTHE rin Garde Estates Mobile Hane Paz'k & Property Mgnt, Inc. $ 323.00 5' g ORDER OF I e . tt?? CUM'ERLA Z 1 3 y y dol8000tS COLLARS TAR PROTHONO Qo I U II URRS?K - 01-5365 civil - et 5 t 08 1:03 L 3 L 1100 & 5133P 0 3 6 : L L L 17 n• P' (-' I _ 5 3(. S E .I C? a "" C., Q 1 I-? 3 sn 0 co I I.. 15512012212005 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 12/24/2005 Escrow Tran Date Distribution Case No Accounting Amount Date Release --- ---- ------- 3845 PROPERTY MANAGEMENT INC Check Date: 12/21/2005 Check No.: 1583 RENT 2001- 05365 PYMT/CASH 323.00 12/06/2005 Payee total: 323.00 -------------------------------------------------------------------------------- Grand total: 323.00 3u-r s„a,v CARBAPc oE?u xE ccEwxa m?°" S O r 1 W xm ? O H r S o m N(? ? m T3 9 O 71 1 Z I, O N t9 rt N mcy9 ?G 9 n O t m 0, O 0 to W a7G ff > Z 1 ?. ? W N Q v gx I r Ln rrt QCs ', ra I r r> 1 r © ?r{ D m .? r - I r+ N N O O Q? r w r N a w g A O u', ? ? O w Y 16463202022006 Cumberland County Prothonotary's Office Par 1 PYS405 Manual Release Check Register 2/02/2006 Escrow Tran Date Distribution Case No Accounting Amount Date Release ------------------------------------------------------------------ 3845 PROPERTY MANAGEMENT INC Check Date: 02/02/2006 Check No.: 1602 RENT 2001- 05365 PYMT/CASH 323.00 2/02/2006 Payee total: 323.00 ------ ------------------------------------------------------------------------- Grand total: 323.00 13483703072006 Cumberland County Prothonotary's Office Pa e 1 PYS405 Manual Release Check Register 3/07/2006 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3845 PROPERTY MANAGEMENT INC Check Date: 03/07/2006 Check No.: 1604 RENT 2001- 05365 PYMT/CASH 323.00 3/01/2006 Payee total: 323.00 -------------------------------------------------------------------------------- Grand total: 323.00 - t i2 CL 4 CL { L1, b .Sy ? O H U 0 W Ln N a m O 09 a, rt 0 I ?' O ? :ro ow w N w r rt + 0 rfRi O 133 r r Y r y r i n O L O O r r ? D gyp, a p? N O 0 D 0 m H O N O O w m' o c n m 0 S T 9 o S m m W m z SH o m n Tim mo >?z D 0 c n c ?0o >Z K m r m N O 10065905102006 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 5/10/2006 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------- 3845 PROPERTY ----------------------------------------------- MANAGEMENT INC Check Date: 05/10/2006 ------------------ Check No.: 1620 RENT 2001- 05365 PYMTCASH 323.00 4172006 / / RENT 2001- 05365 PYMT/CASH 323.00 02 2006 5 --------------- Payee total: -------------------------------- 646.00 --------------- ------------------ Grand total: 646.00 102316051106 Cumberland County Prothonotary-s Office Page 39 PYS410 Monthly Disbursement Detail for 05/2006 Check Ck No Paid To Case Cost & Fine Amou nt Receipt Receipt Date Number Number Date ------- 5/02/2006 1619 -------------- CUMBERLAND CO AUTOMATION FUND 2006-02384 CUSTODY AGMT 5 .00 177191 04272006 2006-02394 CUSTODY AGMT 5 .00 177217 04282006 2006-02398 CUSTODY AGMT 5 .00 177221 04282006 Total CUSTODY AGMT 115. 00 2006-01907 JDMT/NOTE 5. 00 176308 04032006 2006-02045 JDMT/NOTE 5. 00 176644 04112006 2006-02060 JDMT/NOTE 5. 00 176687 04122006 2006-02061 JDMT/NOTE 5. 00 176689 04122006 2006-02230 JDMT/NOTE 5. 00 176912 04212006 2006-02231 JDMT/NOTE 5. 00 176913 04212006 2006-02232 JDMT/NOTE 5. 00 176914 04212006 2006-02233 JDMT/NOTE 5. 00 176915 04212006 2006-02236 JDMT/NOTE 5. 00 176921 04212006 2006-02270 JDMT/NOTE 5. 00 176991 04242006 2006-02401 JDMT/NOTE 5. 00 177225 04282006 2006-02400 JDMT/NOTE 5. 00 177226 04282006 Total JDMT/NOTE 60. 00 2006-01951 EX RECORD/SAT 5. 00 176414 04052006 2006-01952 EX RECORD/SAT 5. 00 176415 04052006 2006-01953 EX RECORD/SAT 5. 00 176417 04052006 2006-01954 EX RECORD/SAT 5. 00 176418 04052006 2006-01955 EX RECORD/SAT 5. 00 176419 04052006 2006-02052 EX RECORD/SAT 5. 00 176670 04122006 2006-02197 EX RECORD/SAT 5. 00 176864 04192006 2006-02248 EX RECORD/SAT 5. 00 176942 04212006 2006-02356 EX RECORD/SAT 5. 00 177123 04262006 2006-02357 EX RECORD/SAT 5. 00 177124 04262006 2006-02386 EX RECORD/SAT 5. 00 177199 04272006 2006-02389 EX RECORD/SAT 5. 00 177209 04272006 Total EX RECORD/SAT 60. 00 2006-01930 SHERIFF WRIT 5. 00 176372 04042006 2006-02016 SHERIFF WRIT 5. 00 176601 04102006 2006-02017 SHERIFF WRIT 5. 00 176603 04102006 2006-02018 SHERIFF WRIT 5. 00 176608 04102006 2006-02020 SHERIFF WRIT 5. 00 176611 04102006 2006-02020 SHERIFF WRIT 5. 00- 176611 04102006 Total SHERIFF WRIT 20. 00 The Total Amount of Check No. 1619 is 1,975. 00 -----__ 5/10/2006 1620 _ -------------- PROPERTY MANAGEMENT INC 2001-05365 ------------- RENT 323. 00 176789 ___-------- 04172006 2001-05365 RENT 323. 00 177353 05022006 Total RENT 646. 00 --------------------- The Total Amount of Check No. 1620 --------------------------------------------- is --------------------- 645: -------- 00 ---- ---------- ----------- Total Disbursements 35,805.13 ----------------------------------End of Listing -----__------------------' 15221207172006 Cumberland Cc:nty Prothonotary's Office Pa e 1 PYS405 Manual Release Check Register 7 /17/2006 Escrow Tran Date Distribution Case No Acc :nting Amount Date Release --------------- 3845 PROPERTY -------------------- -------------------------- MANAGEMENT INC Check Date: 07/17/2006 ---------- Check No. -------- : 1633 RENT 2001- 05365 PYMT/CASH 323.00 7/03/2006 ---------------- Payee total: 323.00 ----------------------------------------------- ---------- -------- Gi ac: '-metal: 323.00 t, r c ) D m J J ? O O ? F a a O cn m \ \ 0 a? O ? Y7 g m r m Q •_ Q gt ? W ? "S ? m fir?i u x $ 5 ? ° 7s a a a < I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs Vs. MICHAEL FETTER, Defendant CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM AND NOW this i 7 ' day of :74. 2003, upon consideration of the Plaintiff's Motion to Release Escrowed Rent and Motion to Make Rule Absolute, and pursuant to Pa.R.C.P.D.J. 1008.B., it is hereby ORDERED AND DECREED that said Motion is granted as follows: 1. The Prothonotary shall release all current escrow funds in the above-captioned case to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.O. Box 622, Lemoyne, PA 17043-0622. 2. Hereafter, the Prothonotary shall release all escrow receipts in this case on a continuing monthly basis to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.O. Box 622, Lemoyne, PA 17043-0622, without further application or order. BY THE COURT: co Y Cf) 0 % o' m sC J a c i o?? a II V i .s a r a a O cA a a m O O 4 d o p c?,ri 13534108082006 Cumberland County Prothonotary 's Office Paqe 1 PYS405 Manual Release Check Regi ster 8/08/2006 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------------------------------------------- 3845 PROPERTY MANAGEMENT INC Check Date: ----------- 08/08/2006 ------------------ Check No.: 1638 RENT 2001- 05365 PYMT/CASH 323.00 7/11/2006 RENT 2001- 05365 PYMT/CASH 323.00 8/08/2006 --------------- Payee total: - -- - - 646.00 - - -- --------------------------- Grand total: ----------- 646.00 ------------------ o/ -5 3 ('o CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 1645 SEPTEMBER 15, 2006 60-15031313 DATE PAY TOTER OF SPRING GARDEN ESTATES MOBIL HOME PARK AND PROPERTY MGM, INC. 323.00 PICTHO! GTAf4)y'323do)'so0c"h; . DOLLARS 8 ds"- ORRYPOWM BANK 01-5365 - RELEASE RENT -- SPRING VS FETTER ------- - - - ,-- ------ nrr 11000164511' ,1:0313150361: 108 i i 1 i7 ill' 11424609152006 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 9/15/2006 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3845 PROPERTY MANAGEMENT INC Check Date: 09/15/2006 Check No.: 1645 RENT 2001- 05365 PYMT/CASH 323.00 9/01/2006 Payee total: 323.00 -------------------------------------------------------------------------------- Grand total: 323.00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs VS. MICHAEL FETTER, Defendant W CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM AND NOW this / 7 - day of 3u , 2003, upon consideration of the Plaintiffs Motion to Release Escrowed Rent and Motion to Make Rule Absolute, andj pursuant to Pa.R.C.P.D.J. 1008.B., it is hereby ORDERED AND DECREED that said Motion is granted as follows: 1. The Prothonotary shall release all current escrow funds in the above-captioned case to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.O. Box 622, Lemoyne, PA 17043-0622. 2. Hereafter, the Prothonotary shall release all escrow receipts in this case on 4 continuing monthly basis to Spring Garden Estates c/o Property Management, Inc., 1300 Market lStreet, P.O. Box 622, Lemoyne, PA 17043-0622, without further application or order. BY THE COURT: 13454911032006 Cumberland County Prothonotary's Off=ice Pae 1 PYS405 Manual Release Check Register 11/0g3/2006 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------------------------------------------------------------------------- 3845 PROPERTY MANAGEMENT INC Check Date: 11/03/2006 Check No.: 1658 RENT 2001- 05365 PYMT/CASH 323.00 10/09/2006 RENT 2001- 05365 PYMT/CASH 323.00 11/01/2006 Payee total: 646.00 -------------------------------------------------------------------------------- Grand total: 646.00 OF TF'? i, his I9 CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 DATE November 3, 2006 1658 60-1503/313 PAY TOTHE ORDER OF Sl=ing Garden Fstates Mobil e-HrmP Park And P =exj:y =f ? $ 646.00 . CUMAEALAho CO. q PROTHONOTARYC4Cq dalSOOcts DOLLARS ORRS'TO" BANK 01-5356 -- Spring Garden vs. Fetter -- Rent 0100 16 Sao - 40 3 L 3 L SO 3 64 L0a LLLL7 I' CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY 1664 ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 DATE DECEMBER 11, 2006 60-1503/313 PAY TO THE ORDER of SPRING GARDEN ESTATES MOBILE HOME PARK AND ROpFrrrv >vxavm TNf I $ 323.00 CUMBERLAND Ca y9 PROTH ,QTARY.23do)s©Qcts DOLLARS ORIRsrmN mNK 01-5365 CIVIL - RELEASE RENT SPRING VS. FETTER __ Nr 112001664111 1:0 3 13 150 361: WEI L L 1 17 Lil' IIII?i191'!l^lPf?iT9iG*AR? V 5_7 ! Li_ CC) 3.rT ?y <[i D of LLJ t y Imo C=) ."ac C) CV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs VS. MICHAEL FETTER, Defendant ORDER CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM AND NOW this / 7 * day of u..4 , 2003, upon consideration of the Plaintiffs Motion to Release Escrowed Rent and Motion to Make Rule Absolute, and pursuant to Pa.R.C.P.D.J. 1008.B., it is hereby ORDERED AND DECREED that said Motion is granted as follows: 1. The Prothonotary shall release all current escrow funds in the above-captioned case to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.Q. Box 622, Lemoyne, PA 17043-0622. 2. Hereafter, the Prothonotary shall release all escrow receipts in this case on a continuing monthly basis to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.O. Box 622, Lemoyne, PA 17043-0622, without further application or order. BY THE COURT: 09491512112006 Cumberland County Prothonotary 's Office Page 1 PYS405 Manual Release Check Regi ster 12/11/2006 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------- 3845 PROPERTY ------------------------------------ MANAGEMENT INC Check Date: ----------- 12/11/2006 ------------------ Check No.: 1664 RENT 2001- 05365 PYMT/CASH 323.00 11/27/2006 Payee total: ------------------------- - 323.00 ----------- ------------------ --------------- -------- -- Grand total: 323.00 m r Z 0 04' C) 8 I m0 W ?x o 0 QW U CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 1611 DATE February 7. 2007 60-1503/31 AY TOTHE ORDER DER OF Spring Garden Estates Mobile Hone Park and Property M?t, Inc. 646.00 .,PROTHONOTARY a ,?QO DOLLARS Ac umsru" NANK 01-5365 - Release Rent -- Spring Garden vs Fetter 000 1 6 ?Eluo i:0 3 L 3 L S0 36i: L08 L L L L LEI' l,. ? cJ 09422802072007 Cumberland County Prothonotary 's Office Pa 1 PYS405 Manual Release Check Regi ster r 2/07/2007 Distribution Case No Accounting Escrow Amount Tran Date Date Release --------------- 3845 PROPERTY ------------------------------------ MANAGEMENT INC Check Date: ----------- 02/07/2007 ------------------ Check No.: 1678 RENT 2001- 05365 PYMT/CASH 323.00 1/03/2007 RENT 2001- 05365 PYMT/CASH 323.00 2/01/2007 --------------- Payee total: --------------------- 646.00 --------------- Grand total: ----------- 646.00 ------------------ David J. Lanza I.D. No. 55782 356 North 2Is' Street Camp Hill, Pennsylvania 17011 (717) 730-3775 P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs V. MICHAEL FETTER, Defendant Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5365 CIVIL ACTION - LAW NOTICE OF ENTRY OF APPEARANCE AND NOW, this 1yj day of February 2007, comes, DAVID J. LANZA, and enters his appearance at the above address on behalf of Plaintiffs. Respectfully submitted, By: :- WkN David J. Lanza Attorney I.D. No. 55782 356 North 21" Street Camp Hill, PA 17011 Telephone (717) 730-3775 am 4 rte' "' c _ . ? Co ¦ f' lC1 C n O o Milo ? mcymvZ CD $??00 x o?7? 00 3? t.,. x v Z "'• ? to c ?G b?,•' w N • n I W r • Y n w w i ?i i O cr) co 0 ?tl ol -5315 11474804132007 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 4/13/2007 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3845 PROPERTY MANAGEMENT INC Check Date: 04/13/2007 Check No.: 1690 RENT 2001- 05365 PYMT/CASH 323.00 4/09/2007 Payee total: 323.00 -------------------------------------------------------------------------------- Grand total: 323.00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P. CHANDRA S. CHADAGA, t/d/b/a SPRING GARDEN ESTATES MOBILE HOME PARK and PROPERTY MANAGEMENT, INC., Plaintiffs vs. MICHAEL FETTER, Defendant ORDER CIVIL ACTION - LAW NO. 01-5365 CIVIL TERM AND NOW this 7 day of 2003, upon consideration of the Plaintiff's Motion to Release Escrowed Rent and Motion to Make Rule Absolute, and pursuant to Pa.R.C.P.D.J. 1008.B., it is hereby ORDERED AND DECREED that said Motion is granted as follows: 1. The Prothonotary shall release all current escrow funds in the above-captioned case to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.Q. Box 622, Lemoyne, PA 17043-0622. 2. Hereafter, the Prothonotary shall release all escrow receipts in this case on a continuing monthly basis to Spring Garden Estates c/o Property Management, Inc., 1300 Market Street, P.O. Box 622, Lemoyne, PA 17043-0622, without further application or order. BY THE COURT: 11211605172007 Cumberland County Prothonotary's Office Paqe 1 PYS405 Manual Release Check Register 5/17/2007 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3845 PROPERTY MANAGEMENT INC Check Date: 05/17/2007 Check No.: 1697 RENT 2001- 05365 PYMT/CASH 323.00 5/03/2007 Payee total: 323.00 -------------------------------------------------------------------------------- Grand total: 323.00 CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY 1697 ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 60-1503/313 DATE 0 /ls?J PAY TO THE ORDER OF SPRING GARDEN ESTATES MOBILE 'HCHE PARK AND PROPERTY MGM, INC. I ? 323.00 PROTHOLNOTARY a0l? 0QC DOLLARS eRiw O? BANK 01-5365 CIVIL SPRING VS FETTER -- "RELEASE RENT" -------- --- --------"" 110001697111 1:0 3 L 3 L 50 361: 108 L L L L 7 1u' t Is air ' ?'`'`