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Home My WebLink About94-02710 -."r ._,~ ~ , - -'4- :j ~ : ,:i " ~ " 'Ii .\ .' \ I , , , , ;. 'Co J.~ ; '. , ", .;, ..'t " > j "..1 e! 1..1 I ~i ~ \~ \ , ~~~ - "- OOOIl4-0003I1May 17. 1994/1LH/MHI3SI71 JAMES TWIGG lIa STOUGH'S MOBILE HOME PARK. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. C/lJ- cJ. 7/0 C~ CIVIL ACTION - LAW vs. MICHAEL BOYER and MYLES SHOOP, IN EJECTMENT Defendants NOTICE TO DEFEND To Ibe Defendants: You have been sued in court. If you wish to defend against Ibe claims set forth in Ibe following pages. you must take action wilbin twenty (20) days after Ibis complaint and notice are served, by entering a written appearance personally or by attorney and filing In writing wilb Ibe court your defense or objections to Ibe clalm~ set forth against you. You are warned Ibat if you fail to do so Ibe case may proeeed wilbout you and a judgment may be entered against you by Ibe court wilbout further notice for any money claimed in Ibe complaint or for any olber claim or relief requested by Ibe Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House I Courthouse Square Carlisle. Pennsylvania 17013 Telephone: (717) 240-6200 OOOIl4-000JI/M.y 17, 1994/JLH/MH135171 6. Defendanl Michael Boyer has never executed a lease agreemenl with Slough's Mobile Home Park In violation of the Park's rules and regulations. It is believed and therefore averred that Defendant Michael Boyer and his family have resided in Stough's Mobile Home Park since May 1993, and have failed to make any rental payment since they moved into the Mobile Home Park. 7. Defendant Michael Boyer and his family have been repeatedly warned both orally and in writing that they are in violation of the Park's rules and regulations in failing to sign a lease agreement as well as for disorderly conduct within the Park. A true and correct copy of a letter addressed to Mr. and Mrs. Boyer from Jerry Simpson, manager of Stough's Mobile Home Park is attached hereto, incorporated herein by reference and marked as Exhibit "8" . 8. A Notice to Quit was served on Defendant Michael Boyer via hand delivery and certified mail on or about May 4, 1994. A true and correct copy of the Notice to Quit and a signed certified mail, return card are attached hereto, incorporated herein by reference and marked collectively as Exhibit "C". 9. Defendant Myles Shoop has been notified that subletting Is not permitted in the Park and that Defendant Michael Boyer and his family continue to violate Park rules and regulations. and that they must remove themselves from the Park. A true and correct copy of a letter sent certified mail to Defendant Myles Shoop is attached hereto. incorporated herein and marked as Exhibit "D". 10. Despite repeated written and oral notice to vacate the premises, including notice to Defendant Myles Shoop. Defendant Michael Boyer and his family continue to reside unlawfully in Stough's Mobile Home Park at 91 Princess Boulevard. Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREFORE, because Defendant Michael Boyer and his family are trespassers in Stough's Mobile Home Park and continue to violate the Park rules and regulations, the Plaintiff requests this Honorable Court to enter OOOIl4-00031/May 17. 1994/JLH/MHI35171 judgment in ejectment in favor of the Plaintiff and against Defendants, Michael Boyer and Myles Shoop, for possession of the premises located at 91 Princess Boulevard, Mechanicsburg, Cumberland County. Pennsylvania 17055, and that the Defendants be directed to pay the Plaintiffs the costs of prosecution. Respectfully submitted, JOHNSON, DUFFIE. STEWART & WEIDNER Date: s.- I 7 - <(,( By: ).L-z\. osep L. Hitchings Attorney J.D. No. 6555 301 Market Street P.O. Box 109 Lemoyne. PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff 'I OOOIl4-0003l1May 17. 1994/JLH/MHI3SI71 ; .' VERIFICATION I, Jerry Simpson. verify that the stalemenls made in the foregoing Complaint are true and correct to the best of my knowledge. Information and belief. I understand that false statemenls herein are made subject to the penalties of 18 Pa.C.S. A4904 relating to unsworn falsification to authorities. Date: 5 ~ exhibit A ... ~.... 'I;..... ~....... ,." '.., ", ". Il'" ..".rllD (!} LAUPEL HILLS NORTH , Apr 21,94 14:56 No.OOt P.03 TEL No.717-732-835S S'ItlXii . ,) illUS AM) REOJIATICRi SlC'la~ 11 GINERAI. lA, Applica1:1on tor Au1.d.ncy - AU Pro:lPC',e:s tanants nust ~leta an J\(lplic:.1:.l.on tor Auidm1cy, M4 the applJ.ca1:.l.on 11I.I81: be 6wl'<Nld prior to the an"lval 01: the ~t 'I 1lElbU.~. ~t ruervu the riiht tol a) IWtUH BlhU.t~ and ~t\II'ld any IdYance ~1t.1 W ~tI 1:0 anyone ~ lIIObl.l. haM u ~ 1ICOIPWl.e in 'lppeU"1UlOI and oond1tJ.on. bl AlltUla tel accept In/ Mure rent fmn ~ WhO dou not. maintAin his lII:lbU. n:.z. in . clNn, ladlt~ c:ax11t1a\. LB. Pnor tel enuy to the lIIOblle hane pult, . c:rmit: dl8Clc wiU be Il\IIdII ot all prolpeCtiw tanlntl tel ~~ tinanc1aJ. r..pcn,u.b1.U~. lC. A d'lancter ~tUWlOl IlUIt be prov1de4 by all ~tI and . I.wr~ repott IlUIIt be CIl)U..ilWCI before ac:cept.&llC:e will be 'iJ%1II\tm. lD. A HC:Urit"J ~i.t on all new tlMntl after J~ 1, 198611111 be payable In em IIl1'O\Z\t ot eM II'a1th'l t'C\t. Such MCUr1t:y c5Ip:le1t will be rtI~l.e upon III:lIIi.ni ycur ha1a out of Stoughs. Notice to =w out IlUat be q1wn to- the I\lI.MtlIIl*'It It lUlt ~ (30) dayII in 1dvaIlQa. Not101l1U1t be in wntJ.n;. !E. RlIntl ue due on or betore the fint day of UdlllD1th. Arrf t'C\t.8 nc:7t receiWCS by the filth day of each IIalth will ~w I lata charge of Ten ($10.00) DoUars &rid w111 be 1nc:nued It the rlta of $1.00 Qw D:lllar par dirt until Nnt 1s p&1d in :ull. ~. 'nle n~ of P-~t:a in ya.\:' tar., inclUl5inq c:h1ldAn, IIhall be limit to Four (4) par 11ni~ acbil. ha1a and 2'1".. (5) PC' dcublrwic5e llCbile haIla. en. tlllllily, CX'Ily, Ihall be pe:m11:te1S to 0f:1:l#i1I . ........fl. hl2ra. ~It:a lotlo viai.t fc · puoiod of F1~ (15) ~ or lan9u' 1lL\II1:. J:W9iJI1:er with ~t, and the rv w:I.ll be 1ncraued by Piw ($5.00) Dolan per 9UIR per IlD1th. lG. ~t l'UUWI the nibt tel retuM .m1tuncl1 tel any\:Ine, u.o to dllc:li.rw to &llcw any ~ to be ~i.s by, and to ACOIp1: my further rent frem, ~ FUSCX not delUwd. HIn-. _,e relUYU the riCjJht tIC c5acide and ~ta%r.IinI which tllMntl or PlW~U."" tAMntl arw ~l.e ard to eject: 81ft objec-c.iClMtlle peraons ~ CAUHI . &Iturbule>> or crtau. . rwiuncI. ~ "',1: a/\&ll be *'18 jud;e of wh is cbject:.i.crlagla aM What ocnat1tut:U a cS1at::umanc.. Uf. Ca\'c)lUnu of InY flllll11y will be ~ privately with l:he pIIrl:J.cul.c faUy 1nwlVW1. In CUU M*1I Q:Il\:llaintl CDIUnI.1e attar dw fll'll11y hu been prcparly noti.fiecS. tha lIllINllJannt will q1".. tenantl nod.OI = vacate eM park. - 1 - LAUREL HILLS NORTH TEL No.71?-732-895S Apr 21.94 14:56 No.001 P.04 11. 1'bb1lA hanU may ~ be btQIqht: int.C the pa:lc 01: lWlDWl! -=-en: under tJ'.e .\Pl'Yi.1ca ot ~ ~~t. 'lblt ~ raerwa ~ ri9he to c::hanq. IoQ,thcNc rICUCI, the UUqned ~ ~lOUCS UMntll tor t.~ llCbU, haTu or Wlh.l.clu. ShcWd the eanane fail t.C Il'OW hUlher p~ imIIIciiately upcn ~l: f:alI the 1lIIM01Il..l:, thin the ~t lI'By do 10 at tM ten4nl:'. rbI(, 'nle c.wanl: huW:ly 91.... t.C the ~t the riqhl: to twlIl\o'a hLatbar ~ &rod RluM. Il'~t b'CIllany and all clA1.lrw OJ: ~ which may raw.c tJ.ntrcm. lJ. Ru1d8ntllllUllt pay all real ..tAte tI)CU .....Nd and lMed ~e dw hen and, up;n requu-c: Pi 1:Iw Q:II'I'lI.U\1~ CMlar, III.Wt tw:nJ.1h p=ot ot ~t. '1ha hen may llO1: be ~ tJ:alI the ClCIlIlUl.ity \In1u. &11 t'Clt. f.., c:nug.. or U".SIW\a are paLeS to the MI:! ot the tez:m. '1bI ClaIIlUI.it:y ~ IMy prewne tNI r.ouvcal ot II heft t.C entol:'Cll thil Nle. ~:Ldenu an AdviNd thae prior to nI1'C\/inq . hare trail the OCIlIlU\1ty, a rlIIIl:MlJ. pemUt IlI.Wt be obtaiMd tnn the lor:&l tM a)llectQr, '1b1. paz:IlIi.t 1lIJIl: be IhCWil to iiiiiiiiItY penantl beton ~ nIlC\IU of the ~. lX. No ~1; '1l1 or IOlicitinq 1. pemi.tt.ed iJ\ the eamunity without prior c::cnMnt ot ~. "'~'C.I an ~ to IlOl:ity ~t l.nIll.dJ.ately 1t \Wldc)n are ll~ to 101lcie a\ th8 parIc PnPIiJIlI without: lut;h:izaticn ~ an iI,,* 1ClIntif1ca~cn cud trcn th8 lIIMlq81W11:. u.. NO .Yble-c:clnq or nntmq will1:le pe.l'll\1e1:8:1, ~ with ~ in writ:i.ni. of an 4n'1Z~w~th ~~. 1M. Mcb1le hc:alea NY be lOllS cnly with thIII pez:miuiQ\ of the ~t. tJpal notice that a ~e dMu.. to ..U a llCbile helle, if that l:8NInt v.l.1h8. that the buyer nuJ.n the 101: 1:I'lrM (3) 0CIrll1l.t1CN IlUlIt be IlIlt: II the ncbUe tau. I'lUSt be ~ I7t llIII'IAIi8lIIIt and IRlrcMld for Illle, bl tM Pl:cet*-tJ.w ~ l1IlI1: .uDni.e a C1'IId1.t application which IIIIIIt be ~ by the ~l:, cd cl aU repaJ.n IlUft. be CCIlplete:1 and I;IP~ by ~l: before tha NIW tmant may taD pol_ion ot the IlIJbile Ilcln. l.~. Ofterirq hi:'Jnu for 1&1. t7:i plAcinq ~ a\ the ~ is prct\1b1ted without approval of mana", ..t. No 01:hc ~tI or .191\1I of errt 'type CX'I the property ehall be pum1=-t. 10. D1sordllr1y concNct, ~i... ~, I'll:IUy dU~, or dLlrIl9~ for the rul.. ang RiUJ,atiala of tM park IhaU be ~ fer mctia'l. CbMrIIw quiel; bI~ the ~ of 10.00 p.m. and 8100 a.m. LP. parenes ert R~ible for InY dINqe CAused by their childnn. 'l'enanu will be re~~llI tor--cni ccnduct of their 9UU". .2. ^ Exhibit 8 "USU.IIII~IM.-.'CO '....nl..D lOll "'C.~IO @ 2191P March 18, 1994 Mr. & Mrs. Boyer 91 Princess Blvd. Mechanicsburg, P A 17055 Dear Mr. & Mrs. Boyer: This letter is to serve as a thirty (30) day Eviction Notice, you are to be out of Stoughs Mobile Home Park by Apri121, 1994. We do not have a Lease with you, and the Lease with~. Shoop specifies no subletting. In addition, you have been warned several times in reference to the disturbances caused by your children, We have received numerous complaints about them harassing other children and people in the Park, and throwing objects at trailers and people. These are clear violations of the Rules and Regulations of the Park. This is not a matter for further discussion. I feel I have given you enough warnings and chances to rectifY the situation, Thank you in advance for your cooperation. Sincerely, Jerry W. Simpson Manager cc: Myles Shoop (Certified Mail - Z 691 428 794, regular mail) Certified Mail to Boyers Z 691428795, regular mail ~. ,- ,Ii , I" . :<:,1 · ",:"'j. > I ; I~ Ii: , 'ii \1 I~ il3 'a: o o < z a: :;) ~ a: ..'.",..". "....,,,,. '\ ',', ,z...!...,:.. ~~.. ,'i";.~~. :",,: -~-~.....~-~.:,...' .,.:.-,\.~.,'- .... SENDER: . Complltelllml , .nd or 2 101 Iddlllon.' ",vicet. . Compll'l iteml 3. .nd 4. & b. . P,lnl your ".me Ind Iddlen on lhe r."'I'" 01 thil fOlm 10 Ihat wi un rl1urn this c.,d to you. . Anlch this fOlm to thl hont 01 thl m.ilpi,cl. 01 on th. blck il .pICI dOli not permil, . Write "R.turn Rlclipt RlqUllted" on thl malll>>ICI below the .rticl. numb.r . ThI Rllum R.Clipt willlho'IW to whom thl Il1lel. wII d.\IvI"d Ind th. d,'1 dllivl,.d. 3, Article Addressed to: I allo wish 10 receive the following services (tor an elilUa Ii feel: .~ " 0 Addressee's Address ~ 2. 0 Restricted Oelivery Consult ostmllSter for fee. 48. Article Number t lftl L\;)'lr 1C6 \l./ tJ. (C:i'/.~ r WI R:u-~~ ~o... ,1'\i.U>.-. {)A llOsS I 4b, Service Type o Registered s:Gertlfied o Expre.. Mail o Insurad o COO ~eturn Receipt for M h ndl - c. D u . a: e " - . a: '" .& OIl " ~ D - " D >-, s (Only if reCluested ~ c' .1 ~. <' , " ".' ::::,: .~::.~; "f?;~~~~~ :;~~:: '. ,:.-:--'-;.-, ~.':':.":.1--~:.~:~'~;':" .;:,...,..'~.~.q:'.1~~n:;'iI~W;lill....... 8. 1, December 1991 Qu.s_OPD:,........- DOMESTIC RETURN RECEIPT .-----. - _.- ..-.-~---_._-------- I also wish 10 receive the following services (tor 8n extr. fael: 1. 0 Addre..ae'S Addre.. M.4LlS. ~~, "g\'3, ~YCA C1..rc..u. ~W U.l.W\~..-l.D..l"'<i ?I\ \1D1D 2. 0 Restricted Delivery Consult ostmester for fee_ 48. Article Number L&=II 4b. Service Type o Registered 0 Insurad Jii-Certllied 0 COD o Express Mail ?it!' Return Re~eipt for ~er handlse 7 _ Dete 01 Delivery . (.. I 'Ii SENDER: J ~ . Compl". it.m. 1 .ndlor 2 fo' .ddition.1 ..r",ieu. , .. Compl.t. iteml 3, .nd 4. & b. I :!! . Prin1 you, n.m. .nd .ddr." on tM flv.rse 01 thil form 10 th.t we un ., r.tum thil e.rd to you. : . An.eh thillorm to 1hl hon1 of th. m.ilpi.e.. or on 1h1 b.ek It IPIC' 1 .. dOli not permit. I ! . Writ. "R.turn R.c.ip1 R'QuII"d" on thl m.llpiece below the .rticl. number t .. . The Rltu,n Receip1 will show to whom thl .rticll WIS d.liv,"d .nd the dill g dlli",erld. I ... 3. Article Addressed to: I ! Ii I E D U III III W a: 10 o < z a: ~ a: ~ " D .; PS Form 3 " D >- 8_ Addressee's Ad ess (Only il requested ~ and lee Is paidl Ii ~ il'u.s. Q~ tll2-32).402 DOMESTIC RETURN RECEIPT .. . :~'" ,; u ~ . III - c. D u . a: C ~ " - . a: '" -= " ~ D - exhibit C -...- ~~ LAUREL HILLS NORTH oXI1. Dr> TEL No,717-732-8955 4-21-04 : 2:58PM : 9:45 No.002 P.02 717 732 O~5:' 31 ~ NO..TJc.e..m..mu:r To: Mr. end Mr.. Bover 91 Prloc811' Boulevard Mecllllnlcaburg, PA 17095 D8te! ^pril '22. 1994 NOTICE 18 HEREBY GIVEN for you to vacate the leased premises beoause of violations of Stough's Mobile Homs "ark rules end regulations, specifically the following rules Bnd regulations: IH ~lftlnt9, l~ Subletting, 1U U~sorderly Con~uct, ,IP Children ,__ , In "IoI8t1on of the Lense Agreement. You ere specifically Instruoted to reh10ve ~OUrs8" end ell property from the aforesaid promises. ,If YOU hIve not lurrendered poslIesslon of the loased premises to the landlord within fifteen (16J days, legal action will be brought Ggelns. YoU. Certified M4il ~ 691 428 778 lland Delivered STOU,!.1/I'S MOBlll: I/OME rMK , ' 1\, eY:~err/W, 'SI~IPS~~, PIOpoltvMen8ger ; / NORTH I " .' t 'il.' ~:;t~:di~~th.W:'~';'M;:'.'.o ' . . """ _......... _MI.. W ..,.... of tIolII...1o IN,...... .._IliII.f"..... ' I, "h.... tio......" 1Ioioi,..11II'" ~. IN ~ IN ~..\ ,. I.... I r=:'E~-'~~t'......~......",,-~; r::::: ::__~N_ C\\. p^",^",~ ~.;a , ~'u,.. PA' 11 D5S \ -- ..... - ...-.. '~ .' t I '89 ;s DOMESTIC RETURN RECEIPT Au "1.'1 \f..... "-""\lUl lJIOIa_1rI fJIIW1t (__(100 ......IOWI."'Il'. exhibit 0 e, fOil 't '~{ '\{;i;r '" ,1., :,' , HOMCE ^- JOHNSON JEIl.R Y Il. DUffIE IllCHARD W, STEWAAT C. ROY WEIDNEIl. III EDMUND C;, MYEIU J~E5 ^- JOHNSON D^VIO W, D.LUCE MLPH H. WRIC;HT. Ill. D^VID J. I.^N~ JOSEPH L HlTCHINC5 ROBERT D, O'BRIEN LAW OffICES JOHNSON, D~~~E~~~~ & WEIDNER FILE COpy LEMOYNE, PENNSYLV^NI^ 17043-0109 TELEPHONE 717.761-4540 TELECOPIER 717.761.3015 April 21, 1994 CERTIFIED MAIL Myles Shoop 813 Carol Circle New Cumberland, PA 17070 Re: Mr. lInd Mrs. Boyer 91 Princess BoulevlIrd Mechllnlcsburg, PA 17055 Dear Mr. Shoop: Please be advised that this firm repments Stough's Mobile Home Park. It has come to our attention that you have sublet the mobile home located at 91 Princess Boulevard, Mechanicsbucg, Pennsylvania 17055 to Mr. and Mrs. Boyer, in violation of the Lease Agreement with Stough's Mobile Home Park. In that subletting is prohibited under the terms of the Lease Agreement, you must direct Mr. and Mrs. Boyer to remove themselves and their personal property from the mobile home park. Furthermore, Mr. and Mrs. Boyer and their children continue to violate the rules and regulations of the mobile home park. I am enclosing a copy of a Notice to Quit whkh was served on Mr. and Mrs. Boyer. By receipt of this letter, you are on notice that should we have to bring legal action in order to evict Mr. and Mrs. Boyer, you will be named as a defendant in any proceeding. Accordingly. your cooperation in this matter is anticipated. Very truly yours, JOH~SON. DUFFIE, STEW ART & WEIDNER Joseph L. Hitchings JLH:kkm:34712 Enclosure cc: Jerry W. Simpson '" " SENDER: :a . CO..,;)lf~f Items \ .na,ot 2 101 .d(lIt'Lon.1 .e...,t;:' C . CO""DI~" Item. 3. .nd .. . b. It!. Phn1 ,:I..' n.me ,nO ,oar,.. un 1~IO 11l~t'fSt 0111..' 'tI'"' ~: ..'J~....f ,..., CJ fI'Uln 1'.'" e"d to vo... ~ . An.en V'ol' lorm t:. ~~( f,o,..! of ,tole ",,"P'f'C'. 0' on lh. bltll It .P'" I ~~..n~O"~' , ! . W"'. '.",'n .""p"'.'''''.'' 0" "'" ma;'.'''' b.IO~ ,"< .,."" n,~b" 2, ~,,,,;el.~ O."".'V Q, . . Tho .",," ,,,"P' w.lI.ho~ '0 whom ,h. a""" w" ..1..".. an. 'h' .". . '8 . g eah,"'. Conau" po.,m..'.' f" f.e, ~ " 3, Arliele "'dd'....d 10: \ 48. "'p..)1~ .' - 90 7'9:J g I / H V Its SJ ({ i> \ 4b, S.,vie. Tvpe ~ o G' (' I I' I 0 Aer."...d onsu,pd ~ 'I J Ut l LiU(c ~rC'r1,',.d coo l en \ " ,. ,,"I We: 1"" [',.; ,'~ /-,,:rG,.' ,// f.{ ("" :; Ex?'." M,iI Re:u,n Rpce,pl fp, " ~ ,'~ ~ 01 I 6 rt () ,,'..,cr..,.o.'.- 0' ,\ ,-. ' )'- ;, "","J-' ,. .!! ~ " , ~";, qt, ';";-1.\ ~ ~ 5,:.. a, Add"""'" ,:.",10"'" if ,poue,,.d.. :~~~.~;:;:,:i:". " \ ::l / .nd 'ee is p"c' j -_."'-i':" :. I t; 'll. II .. ~..\.'...,:,.1;:::;S:.:',,,:,., c: /F e,.\ib.;.....;;..-;\oi ,~J t/ I 11, Oecembe, 1991 I , 8ille ",i!h to It'~t!l\'e the ':;';0........; s~.\"c..s ltor "rl u..tllll .~ . > ~ 1. J.ddlessec', Addrc!o$ '.'.,._:1 . ~.'I ~'~~,::'::~"~.Eff~~:~:'.: .u.s. GPO: '"3-W.7" DOMESTIC RETURN nECEIi'T t::~:C::..:::Z;.:.;.:~1{~~7.':~, __..__.___10' ~~-':"';,"~'."::.:'"'' !~~ ~";:~: :::~.::' :....t::~;i ~~;;~~.:~;;~:~':.. '. '..--- - --.------- ...-----.----. ..-.....-. ,.'- '.'. .,......,;,... " -,'~' .~ .,' .:....y-.:;'.. ., --'. \" ....... . Jo....-,-' '.,.. e, J'>, V"'), . j~ 'Q;...... ..".. -~ ~ <:n ,. - .r t: = ., f ~..J r-- "r Q.- ~) -'.-: . l] 0 . , f'l .- . ~ '--I N ~ '-'1 c::> ~ ~ 1'\\ r'.l ........ >- " ~ -~.~ 1"\1 .. = '-f- ~ .. ~( , --- -, ~~ '--.J ~ ;~ ~ . l;;; .... ~ <( ~ ~ ~ :;l i~ I III ~ ~ ~ ... .... Ul ... ~ <Il ".: ~ ... ~ I 8ul'~ ~~ ~ .... .... IE - 0 1)( > .~ ~ o It iil fll g ~~ ~ ~ ij I!l it :> ~ d ffi o til III . SO", .: .. !i: z " ~ - c<:l 0 ~ .... 0: Z '" @I .... 8 . ~ o ~ 0 ~ Gi ~ 2 ~~ :c: .. ..::I 0 ~ ~ ~J i~ !i! -. . p . JAMES TWIGG, t/a STOUGH'S MOBILE HOME PARK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : . . v. : No. 94-2710 Civil Term . . MICHAEL BOYER and MYLES SHOOP, : CIVIL ACTION - LAW . . Defendants : IN EJECTMENT ANSWER AND NOW, comes the Defendants, by and through their attorneys, Handler & Wiener, and answer Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted in part. Denied in part. It is admitted that the Defendant, Myles Shoop, is an adult individual residing at 813 Carol Circle, New Cumberland, CUmberland County, Pennsylvania. It is denied that Mr. Shoop is the current owner of the mobile home located at 91 Princess Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. To the contrary, Mr. Shoop is in the process of purchasing said mobile home, pursuant to a Sales Agreement from the current owners, Brian and Elizabeth Sheaffer. 4. Admitted. 5. Denied. It is specifically denied that Defendant Myles Shoop is subletting the mobile home located at 91 Princess Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, to Defendant Michael Boyer, in violation of mobile home park rules and regulations. To the contrary, as indicated in paragraph 3 above, Defendant Shoop does not own the trailer, but is purchasing it pursuant to a Salea Agreement. Furthermore, Defendant Boyer is also purchasing said mobile home on an identical Sales Agreement, and Mr. Shoop is acting as a middleman with regards to channelling funds to the owners, Mr. and Mrs. Sheaffer. 6. Admitted in part. Denied in part. It is admitted that Defendant Michael Boyer has never executed a Lease Agreement with Stough's Mobile Home Park. A credit application was left with the office of Stough's Mobile Home Park, but was never acted upon by Plaintiffs. At one point in 1993, Mrs. Sheaffer spoke with Jerry Simpson and Mrs. Boyer was present. At that time, Mr. simpson was informed that the Boyers would be residing in the trailer. That was when the credit application was filled out and given to stough's Mobile Home Park. It is specifically denied that Defendant Michael Boyer and his family have failed to make any rental payments since they moved into the mobile home park. To the contrary, they have made all payments to Defendant Shoop, who has made those payments to the mobile home park. Mr. Shoop was informed by representatives of the mobile home park that he would have to be the one making rental payments, even though the Boyers were residing in the trailer. 7. Admitted in part. Denied in part. It is admitted that Defendant Michael Boyer and his family have received the written notifications as set forth in Exhibit "B" and "C" of Plaintiff's Complaint. It is specifically denied that Defendant Michael Boyer 2 -,- and his family have been repeatedly warned orally of violations of the park rules. The only oral indication of any problem with the mobile home park was in late April 1994, when Mr. Simpson came to the Boyer trailer and began hollering about the kids. 8. Admitted. 9. Admitted. By way of further answer, Defendant Myles Shoop did, in fact, receive the document attached as Exhibit "B" to Plaintiff's Complaint. However, as indicated above, Defendant Myles Shoop is not subletting the mobile home in question, as said mobile home is being purchased by the Boyer family, pursuant to a Sales Agreement. 10. Admitted in part. Denied in part. It is admitted that Defendant Michael Boyer and his family continue to reside in Stough's Mobile Home Park at 91 Princess Boulevard, Mechanicsburg, CUmberland County, Pennsylvania. It is specifically denied that repeated written and oral notices to vacate the premises have been received. To the contrary, only two written notices have been received by Defendant Boyer and one by Defendant Shoop. Other than one discussion had in April 1994, there have been no other oral notices to either defendant. It is further denied that said residence by Mr. Boyer and his family is unlawful in any way. stough's Mobile Home Park was well aware since May 1993 that the Boyers were residing as said mobile home and no action was taken until the filing of this Complaint. 3 WBBRBFORB, Defendant Michael Boyer and Defendant Myles Shoop respectfully request judgment in their favor. Respectfully submitted, HANDLER , WIENER By: Br an J. Puhala, Sr., Esquire Attorney I.D. * 52677 319 Market Street P.O. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Dated: '\ \ ,'7) ) q~ Attorney for Defendants 4 CERTIFICATE OF SERVICE AND NOW, this 13th day of July, 1994, I hereby certify that I have, on this date, served the within Answer to Plaintiff's Complaint upon the Plaintiff by sending a true and correct copy of same via first class United States mail, postage prepaid, addressed as follows: Joseph L. Hitchings, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street POBox 109 Lemoyne PA 17043-0109 HANDLER AND WIENER . ~" l'll '(t\_ G:", utWt\./ ean E, Green, Secretary 319 Market Street P. 0, Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 It I&J Z I&J ~ ~ ~ ec~sts ~~S2~~ I 11:.:1 N -,o:~~=E I&J Gl it t: .J Fj ~ o J: Z <( J: . . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2710 Civil Term Complaint in Ejectment and Notice to Defend James Twigg t/a Stough's Mobile Home Park VS Michael Boyer and Myles Shoop Wilmer R. Hockley, Deputy Sheriff, who being duly sworn according to law, says that on June 14, 1994 at 12:25 o'clock P.M., E.D.S.T., he served a true copy of the within Complaint in Ejectment and Notice to Defend, in the above entitled action, upon the within named defendant, to wit: Michael Boyer, by making known unto Patricia Boyer, wife of Michael Boyer, at Stough's Mobile Home Park, 91 Princess Blvd., Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Leroy Hippensteel, Deputy Sheriff, who being duly sworn according to law, says that on June 17, 1994 at 1:30 o'clock P.M., E.D.S.T., he served a true copy of the within Complaint in Ejectment and Notice to Defend, in the above entitled action, upon the within named defendant, to wit: Myles Shoop, by making known unto Myles Shopp, at 813 Carol Circle, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Sheriff's Docketing Service Surcharge Costs 18.00 16.24 4.00 38.24 Pd. by Atty. 6-20-94 So Answers: .r-~ --'<: /~ R. Thomas Klinci1,' ~~ BytJ;;~,C ~~ Deputy Sheriff BY 1:;X / 1#(~~71'- e ty & iff Sworn and Subscribed to Before Me This nC!:. D~y of C},.. . 1994, A.D. C\. 17 'ntd-L- A.O~. ~tary r .-'~ ~.' , j r t ~' JAMES TWIGG, t/a STOUGH'S MOBILE HOME PARK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO, 94-2710 Civil Term MICHAEL BOYER and MYLES SHOOP, Defendant IN EJECTMENT RULE TO SHOW CAUSE AND NOW, this ~daYOf_~ - , 1994, a Rule is hereby issu~d upon Defendants and Plaintiff to show cause, if any they have, why the Petition of Defendants' counsel for leave to withdraw should not be granted. SAID RULE IS RETURNABLE ~ days, ~ BY THE COURT, . ~Q. J. , - . ~... . ....., ~ t") I, 0; -' (.. . W "J to"> -u ~ '. .' .J :.:~;; <.Q ""- JAMES TWIGG, t/a STOUGH'S MOBILE HOME PARK, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL BOYER and MYLES SHOOP, NO. 94-2710 Civil Term Defendant IN EJECTMENT PETITION POR LEAVE TO WITHDRAW The petition of Brian J, Puhala, Sr., Esquire, respectfully represents: 1. Defendant, Michael Boyer, is an adult individual who resides at 91 Princess Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 2, Defendant, Myles Shoop, is an adult individual who resides at 813 Carol Circle, New Cumberland, Cumberland County, Pennsylvania, 3. Plaintiff filed a Complaint against Defendants on or 7. Petitioner's withdrawal from this action will not about May 20, 1994, 4. Petitioner, as counsel for Defendants, filed an Answer to Plaintiff's Complaint on or about July 14, 1994, 5, A conflict of interest has arisen with regard to Petitioner's representation of Defendants. 6, In light of the conflict of interest, Petitioner now must withdraw from this case. prejudice Defendants at this time as they will have sufficient time to retain other counsel, , , r' ( II .' WHEREFORE, Defendant's counsel, Brian J. puhala, Sr., respectfully requests This Honorable Court to grant his petition to withdraw as counsel in this matter. HANDLER and WIENER By V Brian J, puhala, Sr. I. D, No, 52677 319 Market Street POBox 1177 Harrisburg PA 17108-1177 (717) 238-2000 Date: 11- ~ q -ql CERTIFICATE OF SERVICE AND NOW, ~his 29th day of November, 1994, I hereby certify that I have, on this date, served the within Petition for Leave to Withdraw upon Plaintiff and Defendants by sending a true and correct copy of same via first class United States mail, postage prepaid, addressed as follows: Joseph L. Hitchings, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street POBox 109 Lemoyne PA 17043-0109 Mr. Michael Boyer 91 Princess Boulevard Mechanicsburg PA 17055 Mr. Myles Shoop 813 Carol Circle New CUmberland PA 17070 HANDLER AND WIENER By 1;;, ; 1</ ean E. Green, Secretary 19 Market Street P. O. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 ~ .. r:!> CERTIFICATE OF SERVICE AND NOW, this 10th day of February, 1995, I hereby certify that I have, on this date, served the within Withdrawal of Appearance and Entry of Appearance upon the Plaintiff by sending a true and correct copy of same via first class United States mail, postage prepaid, addressed as follows: Joseph L. Hitchings, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street POBox 109 Lemoyne PA 17043-0109 HANDLER AND WIENER r" t t 'f. / By "ak1 ,'. (, /a_'J'L.-- )Jean E. Green, Secretary , 319 Market Street p, O. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 U") , en - liE :7 <Y) ~ -:r "" ~ ~-)~ ..;'"' ,.:-'" l..'t,'l...t =' :or, '-:: ~. ~':-'(-' I... ."r. C) . r~ I.,.J -t'" ,''/1 r :> , '<i- l,';';"J ~. :t. I -, ~<:~ 0: w z w 3: ti ., 0 .. E VI 0 ~ ~ t. ;;; w .Ii u 0 0: Z ti .. Ii ., " .l! ~ 0 <t ~ ~ . ~ 0 ::I N . 0: . ., '" -' ::E a: VI E W ell ii .J M ~ . 0 :J:: Z <t J: ..