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HomeMy WebLinkAbout94-02711 , , , \ ~I I ~ ~ " // . fi '- ~ - . .. J OOOIl4-00032/MIY 17, 1994/JLHIMHI35175 JAMES TWIGG tla STOUGH'S MOBILE HOME PARK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. q/f- cJ7/ I ~ Plainliff vs. CIVIL ACTION - LAW IN EJECTMENT CHRISTINE CONLEY, Defendant NOTICE TO DEFEND To the Defendant: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you faUto do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House I Courthouse Square Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 OOOIl4-00032lMlY 17, 1994I1LHIMHI3S17' 6. Upon signing the lease agreement and moving into the mobile home park, the Defendant was given a copy of Stough's Mobile Home Park rules and regulalions. A true and correct copy of the applicable rules and regulations are attached hereto, incorporated herein by reference and marked as Exhibit "B". 7. The Stough's Mobile Home Park rules and regulations are incorporated into and made part of the lease agreement by paragraph twenty (20) of the lease agreement. 8. The Defendant and her family have violated the following park rules and regulations: I.H. Complaints - The park management has received complaints regarding the Defendant and her family; and 1.0. Disorderly Conduct - The Defendant's children have engaged in disorderly conduct, noisy disturbances and have been using abusive language, all in violation of the park rules and regulations. I.P. Parents Responsible for Children. 9. The Plaintiff has notified the Defendant both in writing and In person of their violation of Park rules and regulations. A true and correct copy of one such violations notice is attached hereto, incorporated herein by reference and marked as Exhibit "C". 10. A Notice to Quit was served on the Defendant via certified mail on April 23, 1994. A true and correct copy of the Notice to Quit is attached hereto, incorporated herein by reference and marked as Exhibit "0". II. Due to the Defendant's violations of the aforementioned park rules and regulations. the Defendant has breached the lease agreement and the Plaintiff is declaring a forfeiture and termination of the lease agreement. 12. Despite the repeated notices to vacate the premises, the Defendant remains in possession of the leased premises. exhibit A ."~'.",l"A,"'.~T<'"'' '.', '''....,> 11>" ~H"IID (t) .-- .. ~'1-" / . . STOUGH'S MODILE HOME PARK Phone: (717) 697;9028 64 A Detroit Avenue Mechnnicsburg, PA 17055 wr NUl-lBER ~ 3C LE1\SE J\GREEMEN1' MllDE 'l1IIS "f'hur:scJc..yDAY OF Sep'~. 2 ",,0.\ , 19~, by and between STOUGH'S mBILE nO.1E PMK, LESSOR and c.\.r I~:dlNe CouLe.y LESSEE. WHEREIIS, lessor owns and operates a IlObile hare park in which Lessee desires to occupy a IlObile home site. NCM 'l1IIS lIGREENENl' WI'lllESSE'I'Il, that the parties hereto, for and in consideration of the mutual covenants com:ained herein, and intending to be legally bolD1d hereby, agree as follows: . aCt :r 'll1e rent shall be $ tt~ per IlOnth, payable '00 the first . . 1. day of each IlOnth. c-. 2. This lease shall be for a term of one IlOnth, c:cmrencing 9!'~th first day of .;)~e1- , 19 ~ , and teIlllinate on the last day of ~'d.;j;" , 195..3...-, provided that: a holding 'aver by the tenant may be construed bY the Les r, at his option, as a renewal of this Lease for another like term and condition of this Lease. J. Occupilnts. Tenant and Landlord agree the following persons and no other will occupy the leased premises. N1\l>1E 1IGE "31 ,~ I I g C.\.rl5.J INe G,'c:.t.lel" ANd rew qN tJ (:) 4. 1111 new tenants after June 1, 1986 shall, llpon execution of this lease, deposit with Landlord as security for the performance of all the terms, covenants and conditions of this Lease, a Sll1l in the aIlOunt of one IlOnth's rent, to be retained by tlle Landlord liritil the end of the original term and any extended terms of this Lease. Upon termination of this Lease, by default or otherwise, the security deposit shall be returned to tenant, less any charge for damage to the leased premises, rent arrearages, or charges treated as rent arrearages. Tenant agrees to leave a forwarding address with the Landlord upon vacation of the leased premises to facilitate the return of the security deposit as above set forth. 5. 'll1e lessee agrees to and shall save, hold and keep harmless and indermify the Lessor fran and for any and all payrrents, expenses, costs, attorneys fees and fran and for any and all claims and liabilities for losses or damage to property or injuries to persons occasioned wholly or in part by or resulting fran any act or anissions by the Lessee or. the Lessee I s gliests, licensees, invi tees, or for any cause or reason whatsoever arising, out of or by reason of the occupancy by the Lessee. 6. If the demised premises shall be taken under eminent danain or condeITllation proceedings, or if the Lessor conveys the said premises to any govenvrental authorities seeking to take the said premises, or if there is a change in use of the park land, or parts tllereof, or teIlllination of the park, then this Lease, at the option of the lessor, shall terminate and the term hereof shall end as such date as tlle lessor shall fix by notice. lessee shall have noclaim or interest in the catpensation received by Lessor for such taking. 7. If the Lessee shall fail to CCJ1t>ly Witll any conditions and covenants hereof, the I.eSSOl may perform such conditions and covenants, at tlle cost and expense of the lessee, and the said cost and expenses shall be added to tile next instal.lJrent of rent and shall be payable as such. . 8, 'll1e lessee agrees tIlat tile Lessor and the Lessor's agents, clT{>loyees or other representatives, shilll ~ave the right to en~er into and upon tile said premises consisting of tile lot which if! the subject of tillS Lease, or any part tIlereof, at all reasonable hours, for tile purpose of examining tile san-e or making such repair or alterations therein as may be necessary for the safety and preservation tIlereof. This clause shall not be deell-ed to be a covenant by the Lessor nor be construed to create an obligation on tile part of the Lessor to make such inspection or repairs. 9. 1\11 goods and personill property of any kind in or upon tile leased premises shall be the sole responsibility of the Lessee, and in no event shall lessor be liable for any loss or damage to said goods or property for any reason wha~soever. 10. The Lessee shall take good care of tile premises and shall maintain the premises in good condition, and upon vacating the premises, eitIler at tile expiration of the term or for other reasons, shall deliver the rented premi.ses in good order and condition, wear and tear fran a reasonable use thereof, and damage by the elerrents not resulting from tile neglect or fault of tile Lessee excepted. 'l1le Lessee shall neither encumber nor obstruct the sidewalks, driveways or yards, but shall keep and maintain tile' same in aclean condition, free fran debris, trash, refuse, snCM and ice. Lessee further ilgrees to maintain the premises so that grass or other ground cover, excluding shrubs, trees and flCMers, shall not be permitted to exceed three inches in heigh~. . . 11'. 'll1e Lessee may not sublet the premises or any portion or part thereof. 'lhe Lessee may sell the rrobile hare belonging to the Lessee, but, fOllCMing the sale, if tIle rrobile home is to remain in the park Witil a new owner, written apF-roval of the new Lessee is required, and this approval must be obtained prior to sale, 12. Lessor shall not be liable for failure to give possession of tile leased premises to the Lessee upon the effective date of this Lease. In such event, rental payrrent and other fees, charges or assessrrents shall not canrence until possession is given to, or is made available to tile Lessee, and the term of the Lease shall be ('~'(tended accordingly. 13. 1Iny equi~t, fixtures, goods or other property of tile Lessee not raroved by tile lessee upon quitting, vacating or abandonn'ellt of tile premises by the Lessee, or upon tIle Lessee's eviction, shall be considered as abandoned and the Lessor shall have tlle right, without notice to the lessee, to sell or ctherwise dispose of the same at the expense of the Lessee and shall not be accountable to tile Lessee for any part of tile proceeds of tlte sale, if any. 14. The Lessor shall not be liable for any damage or injury which may be sustained by tile Lessee or any other persons, as a consequence of the failure, breakage, leakage or obstruction of tile water, sewer, waste, or soil pipes, or tile electrical, gas or oil system; or by reason of tile elements; or resulting fran tIle carnlessness, negligence or inprol'er conduct on the part of any other Lessee or the Lessor or tile LessC?r's or tIlis or any otIler Lessee's agents, guests, licensees, invitees, sublessEeS, assignees or successors; or attributable to any interference with, interruption of or failure, beyond the control of the Lessor, of any services to be furnished or supplied by tile Lessor. 15. The various rights and rerredies of the Lessor expressed herein are cunulative, and the failure of the Lessor to enforce any such right or remedy at any tin-e ilgainst tile lessee shall not constitute a waiver thereof. 16. Lessee shall pay all county, municipal and school district real estate taxes assessed and levied against his hare and personal property, and shall furnish Lessor, when requested, with proof of payrrent of same. Failure to pay such taxes, when due shall be a violation of the Lease, rules, or regulations, if any, and constitute default tIlereuruler. 17. The Lessee hereby confesses judgrrent in favor of tile said Lessor for tile whole aIlOunt of the rent at any ti.Jre remaining lD1paid, and any other charges incurred herelD1der, whether the same shall have been due or not, waiving stay of execution, inquisition and all_exenpt;jon laws nOlI in force or which may hereafter be passed, and authorizes the adding of Fifteen 15%) per cent attorney's commission for collection: and further does hereby, upon the breach of any of the conditions of this Lease, inCluding non- pilYTmnt of rent or violation of rules and regulations, if any, autIlorize any attomey of illlY court of record to appear for him and enter an amicable action of ejectm:!nt and confess a ju:lgrrent of ejectJront tilerein for tile premises herein described and does autIlOrize tile inrrediate issuing of a writ of possession and execution for cost Wi.tIlout asking leave of the court. 1\ photocopy of this Lease may be used for confession of judgrrent for unpaid rent, or for confession of judgrrent in ejectmmt. Such rerredi.es shilll be Cl.Il1Ulative, and not alternative, and may be re-exercised as necessary. I ~... J.8. 'll1e lessee shall conform to all rules and regulations made by tile Lessor for the use and goverrurcnt and managerrent of tllis IlObile hare park to protect the entire premises of the lessor and to further tIle genernl confort and welfare of 011 of tile occupants, which rules and regulations, and any changes tIlereto hereafter adopted, are attached hereto and incorporated herein or reference, and oode a part hereof, and are covenants and conditions of this lease, the sarre as if fully set forth herein. Lessee shall furnish 1-essee with notice of all changes in said rules and regulations. Lessee acknowledges receipt of a copy of such regulations concurrent with execution of tllis Lease. 19. If proceedings shall be ccmrenced by Landlord to recover possession under the 1Icts of 1\sserrbly, either at the end of the term or sooner terminations of tIlis lease, or for nonpaynent of rent, or any other reason, tenant specifically waives the right to fifteen or thirty days' notice required by the 1Ict of 1\ssembly of 1Ipril 28, 1983, P.L 202, and agrees that five days' notice shall be sufficient in either or any such case. 20. The Lease, and the aforesaid rules and regulations, constitute tIle entire agreerrent between the parties and sarre is not subject to any oral rrodification. rurther, this agreerrent shall be legally binding upon tile parties hereto, and their respective heirs, successors and assigns. If any information provided by the lessee, whether by way of background, financial or otherwise, which has induced the Lessor to enter into this lease, is fOlD1d by the Lessor to be false, the Lease shall, at the option of the lessor and upon notice to the Lessee, be null and void and tile Lessee shall be consic\i!red a trespasser. .~ 21. Lessor may fran tine to tine m:x1ify, change or revoke rules for the MJbile flare Park and upon notice to the tenant, tl1ese rules shall be incorporated herein with the sarre force and effect as though they were in force at tile tine this lease was executed. 22. Lessee agrees tItat he has read Ws Lease 1Igreenent, understands its terms and tile rules and regulations of tIle MJbile Hore Park and agrees to be bound thereby. 'l11E TENN-lT ~IUST GIVE Nr LE1\ST 30 DAYS NOl'ICE IN WRITING PRIOR TO M'JIIING. IT IS 'l11E RESPONSIBILITY OF 'l1lE-TENN-lT TO PROVIDE ~11IN1IGEMEN'1' WI'11I IILL"NOCESSlIRY 'CCM'LEi~ STATE OR LOCAL GCJVERl'ol-lENl' FORMS. IN WI'rnESS W1IEREX)F, the parties hereto have herelD1der set their hands and seals tile day and year first above written. y:. cdJ.. rR -hL1- . ) Witness BY: _g;~ J;~ X (1t,IJ~~ C (l~Jt..- 'l'enant -~'7- -Witness 'l'enant exhibit B ....tU1..Il>A'......,,'ro ....'n~'o ID" ....C..t.\ID @ n~1 ", ,.,.. 1.. .;):) lilJ.UUl I' .U';> S'l'l:O:ii . ~ PU.ES AND ~lNi SEC:'Ia~ 11 C2NEIW., ~. A;:>sllicat1on for Ruidllncy - All proposed t8rWlt.S IlUSI: c:cI':l)leta All Appliat10n for Ruid8ncy, IIl'4 tM appllcation llU!Il: be appt':MIQ prior to the arnVlll o~ the tenAlll: 'I ncb1le 1'lalII. Jolanaq&nent resotvea the ri9he to I 4) P.efuse mtU.l:unCIe ard retu-d AllY advance depQliu ard?llYll*lt.S co llnyQM Wh:iM ncbil. hale is not ~1e in art"lIU'1IllClI w cxn:UtJ.al. bl P41fllBa to accept Ani MUXW rent f%tlll Any'CInlIIot\O does not. mainuin IUs lI1;lbU. haDlt in " claan, saulfaccory o:n:Iiti.a1. lB. Pnor to enuy to the ncblle holrle park, a C%1ldit c:hedc wiU be llIlIda o~ all prol'peeU.... tanlnta to decamine finAnc14l ~3.DUi.1:Y. Ie. It. ehI.rac:tar reference IlUIt be prov1de4 I7t aU tenants and A IAwtactory r.porl: lI\JS I: be ClO1:AJ.ned before ac:cept:AI1CIl will be gral'lted, 10. It. lecurity de{xlsit on all rr/ItI teMnts after June 1, 1986 will be payable ill the lIIT'Ol1'\ t. of cr.e llD1th 'I rent. Such securi toy depoci t. will be ref1.ln4al:lle upcn I1'DVizlq your hale out ot Stcl\.S;l'ls. NQtic:e to new out llUBt be qiWl\ tG the I\lllM98l*\t at leut 'lbirt:y (30) daya in advanoe. Nat1c:e IlIlIIt be in writilrJ. U:. Pent.S are due en or before the fint. day of ead1 ll'CIlth. Any nIl\ts not received by t.M filth day of each IIa'Ith will ntatiw . late d\.arqe of Ten ($10.00) Collars and will be inc:r:eaaed AI: the rate of $1.00 Qw Collar per day until rent is pa1d in :ull. J'. 'Ihe nlr.'ber of p&DMnent oc:r:up.u\t:S in you: hare, J.ncl~ eh11dn!n, &hall be limit to Four (4) per linilrw1d8 llCbile hl::ma and Five (5) per lSoubl.e-w:i.de llCbile hate. c:\'Ie f51li.ly, cnly, Ihall be pum1~ to 00t:IJlIi 4 lIT'lMl1. hare. Q.leSts Who visit fc " period of F1~ (IS) diIy1I or larlger 1lLIIIl: reqi4te.r wi1;h 1llllI'I8qemIlnt., and the nr will be increued I7t riw ($5.00) Col1an per 9\lUt per m::nth, lG. !o'~""_lt reMl'W' the riqht to retuse lIl2nittancle to anyo:mer also to decline to 4110.0 any IpAOO to be ~ied by, ani to &CCI!pt my turtI".e.t' rent tran, any pene: not desired. Manaqeraenl: ruervas the right 1:0 &tcida and deeemine whic:ll t.en4l'\ts or proe~dve UMnts are &ce:ep1:able and to eject any objec:tiCNble porIOnS \otto CAllBeI a dlltu..~ce or creat.ell A nuJ.sanoe. ~t II'Iall be IOle j~e ot wh is cbjec:t:.i.a'labl. and ",,".At oonstit:ut.el a cUst:urblnca. 1Il. ~1&1n1:ll ot any tall\lly will be d1scusaed privately with the partJ.cular tllllily 1l\vclved.. In cues WIlaIw CCl!pllLints lXJm:inue after the flll'l\1ly has been properly l101:J.fi.ec1. the &MnaqeII'ent will qive tenants notice to vac&ee the parlt. - 1 - "-,,\,,1.._.... ,............ ~ 1'""",1. I ,I l....~ .,u. I . I -, ..'''' ..;> ;.t,J.,J 11 . M::lbi.1e hard NY noe be ~t: into the park or I:1IlDII'ed ~ uncier tJo.e 5~11cn ot t:ha ~~t. 'lbt ~~ reMr\'U the ri9ht: t:O chanqe wu.hcl.lt: nouce, tM "11qn.od sp.u:e allOUld unants tor: t.'leir ncb11. ha1aa or ve!\icl&l. ShoWd the t:aMJ\t: taJ.l to m:we hislher p~ iJmatiat.ely upcn requut: frc:m tho. ~t:, then the ll\II'l4qt11m\t: my do 10 at the t.en4llt:'1 d.lk. 'l'he t;8l4/lt hanI::ly 91.... t:O tM II\IMl1tm11\t the riqht: t:O rmcw hUlhu ~ &rod releuel r.'anA9S*lt frail any and all cl.aJ.rns or daI\I9U which fM'/ ruult: ~trcm. lJ'. Residents IlUSt pay ~l real eatate t4)CU ai_sed and leVied aqa.i.nst the hcIrw and, up:zn "quau by tiw camun.l.cy 0I04'l81', IlI.W'l: tumJ.1h ptcOf of plIyIlIlllt:. h hare 'lftW/ not: be %'IllI'DV8d trail the oamu\ity Ill\laSI all rent, teu, chA:'qeS or UIUsn.nU are paid t:O tiw erd ot the t:em. ~ oamunicy ~ INIY prewnt: the E..........l ot a hare t.O enforce thil Nle. ~16eI11:.s an Idv1sed that prior t:O I:'lmJVirIq . hcmt trcm the CCllIllI'I1ty, a rsn:M1l pumit: 1II.lIt: be oI:lt&ined t%au the lCll:&l tax collaC1;Cr. '11\11 pcu:mi.c 1lUI~ be shCWri t.O iiiiiiiiItY pena1ll81 betore CDIIIIIrIl:1nq ~ ot the hata. lX. No ~H'\q or IOlicitinq is pemrl.ttad in the camunit:y without prier o::cNent: of ll'MlIqazl:t.. Pasidllnu are ~ t:O notLty ~t: 1InldJ.ately it wndOn are lIaspcinq t.O lO11cit. m the park pl:l!ll\Uu wit;hou1; author1zati.m an4 an ill,*, i~tit1cac.1cn c:ud fEan the 1IIIIlaqfINlnt:. u.. No subletting or nnt:1nq will be pe.rllIitUld, ucepl: with ~row.l in wrltinq, ot an lIn'~~th ~t.. 1M. to'oblle hc:rles rrtIf'! be sold cnly with the pemi.Dion ot the ~t. open ~ce that a t8lAl\t desires t.O 1e11 a lI\:lbile h:I\'e, it that: amant: wiahel that tha buyer reuin che l~ t:hrM (3) c:cnllt.1C1'11 llUIt be mtl Al l".ho ndJile hate llWlt be inspect.ed by lIlIINqlSIlI!lIt and ~raIIIld for lale, bl the prclpo<:U'" purchuer llUIt lul:Init a c::ndit awllcati.m whicil mJlt: be &pp~ by the ~t, ancl cl all repairs IIUat be ecrrpleted and 4llPJ:'O\I8I1 by ~t before the MW t:8NInt ~ tAles poI....im of t.he nmil. hare. 1.'1. Ofte.rirq hanIs for sale by pl.acirq ~l ~,~ propercy is protUbited without appmvaJ. of ~t. No 01:her u or s1cpl1 of Irrf 'tYP8 m the prcpercy Ihall be pumitt:8d. 10. Disorderly~, abusive l..Inq\laqe, ~1sy d1atl.lJ.'tlanoos, or clJ.sreqard for the rul.s am ~.t;J.auJ of the park Ihal1 be qrcm1d8 tor evictJ.a\. c::tlMrve qui... beOMen the hcu.n of 10100 p.llI. and BIOO a.llI. !.P. Paren~ are resPOnsible for any c1arMqe caused by their c::hildr'lln. '1'enanu will be respons1blcs tor the CXlI'Idu= of their quutl. - 2 - .11'-'-"" ItL,.(\.1 r I'-L. I~U. f.1. -; ';",:,..v;}JJ 1Q. HIna~~ ruervu the ri9ht to -=-.1 cnto clle llX.5 .~ All tJ.nu, for tbe pur;lOM o~ ~ and utiUt:y 1M.I.I'l~. lR. 'n'.e CIlo1'I8n of the perk ahall Il:)t be llal:lle for Ilrf d.sM9'I' or injuri.s IUlta.I.ned l7t clle t"tlident or any other penon ~ the failu:e, breaka;e, lukaq. or obIuur:tion of !;he wa~, MoIItl', WU'C8 or aoll pipel, or lllectric:&l qu or oil sysl*llSl or l7t ruICn of ~ by treeS, or relultinq fJ.'all the e&nIlumll', naqU9~ or izlt:l~ ocnduct on t.he pan: of any rui&ln~ or guu~1 or any SeMOII' ~ by tbe ownen of th. puk. Jlu1den1;S ~ to llaineAin liab1111:Y insurance oovu1nq the 1M"",, preuUea. Mlr\lqlll'8nt ahAll be ~fi.s ~a~e1y of any haZArdous cxnll.e1Cln1 \o4'\1dl are known to be A Violation of thUe rulas ard nr;ul"t.1Qr\S. 15. 'lWW\1;S lhould llCl: cane to ~'C: with c:arpl4!nu attar affic>> hOl1rll \IlllllSl ar ~ exists. AU ~l&inu frr.m ten.\nU Ihall bIIin wrtt1ng and. siqMd. office /'OlrII are 9100 ...m. to 4130 p.m., IoIttUy throuqh Friday. IT. M4naqelTl!l\~ reaerves the riqht to IllIb add1 tiClllll or c:I'IAl'q!l to tbI roles and recnUllUonl wt'.-n neoeaaa.ry. ~Iidents W1.ll be ~ c:tlanqes 11'1 the r~at1ana .~ leut'l'hi-'"t:Y (30) ~s in advance thereof. ~t doeS ~ Wlnt to eviCt anyone f.ran this park, M violAc.:i.cN of ti'lue J:81I.Il&dClllll NY IMke evictim NlClUIU)', '-., lU. ~ yard sAles, ~ sAles or Ir./ reuilllCtivit:y of eit.'t6rlle1:V1ce or penonal p~ will be pezmit'C:.ld wi\:hcuc fint obtaini.ni pemi.alion of ~'C:. Uo vio1atial af thb clause will be tolerated. Haruqt'llll!Jll: re~s ths riqht to ..Ut sAid sales AS detemincd in itS tole discretion. - 3 - exhibit C ., tit ......... 31l23C Stough's'l\Iohlle Home Pork 64 A Detroil Avcnue Mechnnicsburg, PA 170~5 "/lil'~"itl . ... March 16. 1994 M" Christine Conley 123 C",t1e Drive Meehaniesburg, PA 17055 DeAr M" Conley: I hAve repealedly tried to work wilh you in rererence 10 Ihe proble,"~ dealing wilh your children, The latest complaint we have received was an episode thaI occurred on T\lnrch J~. 1994 on ensile Drive, The children would nol allow cars 10 pass on Ihe slreel And Ihey were very noisy and using Rbuslve IRnguRge, These are all c1ellr violations orttre Park Rules lIntl Regllh,tlons, AI this time lam exercising my right to evict you, I wanl you oul ontre Park wilhin 30 days (by April 20. 1994), Thi, is nol R mailer ror any Ruther discussion, I reel I hAve gh'en )'011 enough warnings and chances to recliry the situation, Thank you ror your cooperation, Sincerely. Jerry W. Simpson Manager Enclosures cc: James F, Twigg Certined MAil: Z 691 428790 '. I... II ~ ~ II .. II - SENDER: . Compl'l. illm, , ,ndlal 2 fOl .ddlllon,1 "'VIC". . Camp"" ...mt 3. .nd 4. . b. . Print your n.m. end add'... on 1~' 'hit.. or thi, 'DIm 10 'hI! w. un "turn Inti 'lid 10 you. . At1lCh Hu, 101m 10 In. trllnl 0' thl m'tlp.'t'. or on tha blck I; ,PIC. dO" not permit. .' .s . Wrll. "Relum Rtceitll R,au..t.d" on the m.ilpi.c. below th, Inlel, numb" . The R'1urn R'ClIPI will .ho.... 10 whOm the ,niel, WII d,llv",d .nd th. dl" d.lh".,.d. 3, Articl. Addre...d to: I also wish to receive the fOllowing services ltar an extra D f.el: '~ 1. 0 Addressee's Address ~ 'c 10 Iii I~ ,i I! l~ l~ ! ~ 5, !~ l II: 6, - is ~~.~~;;:~t:.:;~;~:.t ~ ~~_FO.~~ ~i;~:;~~~~:~~~.~~;:~~:'::~;'~4i::; ,', ",", , "" ~']..:.~. '. ~~stl~ C':;'llt.'1 \'2..?, C,.....r~tll.. br. I..\.~ r.~, r/~ 11055', , 2. 0 Restricted Delivery Consult ostm8ster for fee. 41. Anlcle Number '1.. Vi I /.j 4b. S.rvlce Typ. o R.gl.ter.d 1il"t'.rtlfi.d o Expre.. Mail " "J'1 (,) ~ Q, 'ij U II II: E " ~ II II: Cl c ';; " o In.ured o COD ~eturn Receipt for Me' h n i 7. Date of Delivery -"l.., - 7- 'ill - o - Signatu,a !Addre....' Vl-,,'\;,., (-<"'Y,\....,. Slgnetu,a IAg.nt! " o > 8. Addressee's Address (Only it reQuested.:it and tee i. paid) i ~ 1. O.c.mber 1991 1tU".GPO:'~ DOMESTIC RETURN RECEIPT : :;: .~~~..,~ .... ~~:.r!~r i"'~?~~'.~:;,?~(~~~:~~~.~~ ~ " . .. -.~.~~: .~: .~:::;'7~:-::::.:~.~..'::.'t{;;~~1~;.J~~~~~.: " ::~~ ;;.~/:~~~:.:.::'.~(.:'{~~.:': ". :.::' '-. :".~;., ~~:~,: "~' ~>.;~:;:wif~;i~.~~%:__~.~ .~,~_ .~ '" ,".' I ,..... '. ',~,::":-'. ::~~ .:.: :..-::f":' . -:-_..~..- --, -.. 7-....- ~ -,...~" :1,... ....,~ ..': .::.' :';"~"';-;:'I''''~;'' .;., ':. j. . . .":' ... :". ::....,.;.;;. ............. ,,"- . ',' " , .' . ~.' ,.'..,....,......."....'._...1....'......'00('..""'..,.,,....'. exhibit 0 a, IClI LRUREL HILLS NORTH "'CHI DI; TEL No.717-732-8955 4-21-t!4 ; 2: 581"" ; May 12,94 9:45 No.002 P.04 JUS&W~ 717 732 8~5~:# 2/ 3 N.OItC-.E..TILWlIl: TO: Chf'stlne Conlev 123 Casssl Drive Mechenlcaburg, PA 1706fj D.t.: April 22, J 994 NOTICE 18 HEREBY GIVEN (or you to vacate the leased premises because of vloletlons of Stough's Mobile Homo Park rules end tegulatlons. speclflolllly the following rules end reguletlons: lH C'nmlainls. 10 ()isorderJv conduct. 1P Pdrents T'E!'>.~~1.e~c:!:l~~~ren . In violation of the LeRSO Agroement. You are speclflcallV Instruoted to tamove yourself end ell property from the aforesaid premises. If you have not 8urrendered possession of the leased premlKes to the landlord Within fifteen (15. days, legsl 8ctlon will be brought against you, SlOUGH'S MOBilE flaME PARK av:_ ;l,'. '\ I' /' . ' ' Jer/y r. ttrnpsQ;op;riiMlSnSger' i Certified Mail Z 691 418 779 Hand ~llvered --......... LAUREL HILLS NORTH TEL No.717-732-B955 May 16.94 12:36 No.002 P.02 -;r .,.,. - :lC c- .. ',. .;;: :r ,,., ~ c:::> c.... - ~. = @j f:j~ ~ ~~ ~ ~~. ! ~ o~ w ~ ~I ~ ~. ~ 2 ~~ ~ ~~ .. ,. ~ . ,. ~~ ,,~ ';' ~l'Y) r<) l"l ~ I..n "" Cl - -- 1\1 '" ., . .'{,,> . , '. -:-v--4- C~~; .... i I ~ ~ ~ 2l ~ ~ Fii to< e>: o ~ <( l!l ~ ~ ~ ~ ~ ~ Sl-1f~~~~ ~e:8~!H ~ 5 ~;& d ffi ~ .a .: .. :i<(l~ l!! ~ ~ 6 ~ ~ o ~ I \ SHERIFF'S RETURN cct+1ONWEALTH OF PENNSYLVANIA: COUNI'Y OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2711 Civil Term Complaint in Ejectment and Notice to Defend James Twigg t/a stough's Mobile Ilome Park VS Christine Conley Leroy Hippensteel , ~tl.Yn.JaX& Deputy Sheriff of Ctmberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Complaint in Ejectment and Notice to Defend upon Christine Conley , the defendant, at 5: 11 o'clock p.M. 00lnC1 EDST, on the 25 day of May , 1!p4 at 123 Castle Drive, Mechanicsburg . CUmberland County, Pennsylvania, by handing to Christine Conley a true and attested copy of the Complaint in Ejectment and Notice to Defend , and at the sarre time directing her attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: r~~~ 14.00 5,60 2.00 21.60 Pd. by Atty. 5-26-94 R. Thomas Kline, Sheriff bY;t A ./ ~"-kt?.z puty riff Sworn .:me! subscribed to before me this 1Ai- day of ()~. 19 1'( A.D. CJ''1l''--' G, )h.d(k dpT.;, 4' I I , .,. Prothonotary f JAMES TWIGG t/a STCUGH'S MOBILE HOME PARK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2711 CIVIL TERM VS. CIVIL ACTION - LAW CHRISTINE CONLEY, Defendant IN EJECTMENT ANSWER COMES NOW the defendant, Christine conley, by and through counsel, Philip C. Briganti, Esquire, Legal services, Inc., and as her Answer to Plaintiff's Complaint, states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. S. Admitted. 6. Admi tted. 7. Admitted. B. Denied. Defendant denies that she and/or her family have violated Rules 1.H., 1,0., or 1.P. of Stough's Rules and Regulations. 9. Admitted in part and denied in part. Defendant admits that Plaintiff has notified her both in writing and in person of the alleged violation of park rules and regulations, and that a copy of one such notice is attached to Plaintiff's Complaint as Exhibit "C". However, to the extent it is averred, Defendant denies that she or her family committed the violations alleged therein. 10. Admitted. 11. Denied. Defendant denies that she has violated the said park rules and regulations, has breached the lease agreement, or that Plaintiff has the right to declare a forfeiture and termination of the lease agreement. 12. Admitted. NEW MATTER 13. Defendant cannot be evicted on the basis of the alleged park rule violations, because said rules are not enforced with respect to the other mobile home residents or nonresidents on the park premises, in violation of 68 P,S. S398.3. 14. Defendant did not commit a second or subsequent violation of the alleged park rules within six months of the date Plaintiff served her with the written notice attached to Plaintiff's Complaint as Exhibit "C", as required by 68 P,S. S398.3(a) (2). 15. Plaintiff did not commence eviction proceedings at any time within sixty days of the last alleged violation of park rules, as required by 68 P.S. S398.3(b)(2) (ii). WHEREFORE, Defendant requests that judgment be entered in her favor and that the relief requested by Plaintiff be denied. COUNTERCLAIM AND NOW as her Counterclaim, Defendant avers as follows: Count I - Trescass 1. Defendant is purchasing the mobile home in which she resides, located at 123 Castle Avenue, Mechanicsburg PA 17055, and has the right to the exclusive use and possession of this dwelling. ? 2. On several occasions, Plaintiff's park manager and agent, Jerry simpson, has unlawfully entered her mobile home, without the consent of Defendant or any member of her household. 3. Said actions constitute trespass. 4. Said actions damaged Defendant by interfering with her right to exclusive use and possession of the dwelling, and by causing her serious emotional distress. Count II - violation of Imolied Covenant for Ouiet Eniovment 5. Defendant repeats and incorporates by reference her averments contained above in Paragraphs 1 through 4. 6. After entering Defendant's mobile home, Jerry Simpson has verbally abused and harassed Defendant and her children, in violation of the implied covenant for quiet enjoyment. Count III - Punitive Damaaes 7. Defendant repeats and incorporates by reference her averments contained above in Paragraphs 1 through 6, 8. Plaintiff's actions, by and through its agent, Jerry Simpson, were outrageous, intentional, willful, malicious and perpetrated in total disregard of the Defendant's rights. 9, Defendant is entitled to punitive damages against Plaintiff. WHEREFORE, Defendant requests that this Court award a judgment for damages in favor of Defendant and against Plaintiff on Counts I, II and II of her Counterclaim in a total amount not to exceed $10,000.00. The amount claimed does not exceed the jurisdictional amount requiring referral for compulsory arbitration under C.C.R.P. 1301-1. ~r:~ Philip Brig~nt Attorney for Defendant LEGAL SERVICES, INC. a Irvine Row carlisle, PA 17013 (717) 243-9400 . The above-named Defendant, Christine conley, verifies that the statements made in the above Answer, New Matter and counterclaim are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. Date: ~ /0\ 'i ~ CQVl.s\) ~ e~~ Christine conley, Def dant . JAMES TWIGG tl a STOUGH'S . IN THE COURT OF COMMON PLEAS OF . MOBILE HOME PARI<, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff . . , NO. 94-2711 CIVIL TERM . VB. . . , CIVIL ACTION - LAW . CHRISTINE CONLEY, : Defendant , IN EJECTMENT , CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that a copy of the foregoing Notice to Plead, Answer, New Matter and Counterclaim is /:i!! this 0 day of June 1994, being served upon Joseph L. Hitchings, Attorney at Law, P.O. Box 109, Lemoyne, Pennsylvania, 17043, by regular mail. (L Ph 1 P C. Br~gan Attorney for De ndant LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 r OOOl14,ooon/Jullc 22. 1994/JLIlIMH/3609S " " JAMES TWIGG tla STOUGH'S MOBILE HOME PARK. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 94-2711 CIVIL TERM CIVIL ACTION - LAW Plaintiff vs, CHRISTINE CONLEY. IN EJECTMENT Delilmlanl PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER ANI> COUNTERCLAIM AND NOW. comes the Plaintiff. hy and through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner. and avers in answer to the Defendant's New ~-tmter and Coumerclaim as follows: 13. The averments of paragraph thirteen (13) cnnstitute a legal conclusiun to which no responsive pleading is required. To the extent that an answer m:lY he relluired, th~ averments of this paragraph are denied as the Plaintiff has in the past. is in the present. and will in the fulure. evkttenants for violations of Park rules and regulations, 14, Denied. Defendant and her family haw committed suhsequent violations Ill' the Park rules within six (6) months of the dati.: Plaintiff served her with the written nntke attached to Plaintiffs Complaim as Exhihit "C", By way uf further answer. the mnst recent vinhllion of Park rules uccurred this past Saturday, June 19. 1994. 15. Denied. Plaintiff cummenced the present evictinn proceeding within sixty (60) days of the last alleged viulation of Park rules as requiretl hy 68 P,S, * 398(h)(2)(ii), WHEREFORE, !'Iaimiff requests that this 1I0nor:thle Cuurt emer judgment in ejectment in favor of the Plaintiff and against the Defendant. Christine Conley. ti,r possession of the premises located at 123 Ca~tle Drive, Mechankshurg. Cumherl:md County. Pennsylvania 17055. and direct the Defend:mttn pay the PI;tintiffs costs of prosecution, -ooG114-0003:!1Jullc :!:!, 1994IJLHIMHI3609~ " " COUNTERCLAIM Count I - Trl'Spuss 1. DenIed. Plaintiff is wilhoUI suflidenl knowleLlge or informalion lL~ to whether the Defendant is purchasing the mobile home located al 123 Castle Avenue. anLl .IS such tbe same is denied and strict proof thereof is demanded at the time of trial. The remaining averments uf Ihis paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that an answer may he required. the remaining averments are denied as paragraph eight (8) of the Lease Agreement gives the Phlintiff and ils agenlS, the right to enter into and upon said premises. 2. Denied. Plaintiffs park manager, Jerry Simpsun. h:ls never unlawtillly entered the Defendant's mobile home without the consent of the Defendant ur any memher uf her huusehold, 3. The averments uf p:lragr:lph three (3) cunstitute a conclusion of law to which no responsive pleading is required. By way of further answer. see Plaintiffs answer lU p:lragraph two (2) of Defendant's Counterclaim. 4. The averments of paragraph tilUr (4) cunstitute legal conclusion to which no responsive pleading is required. To the extent that an :lnswer may he required. the s:lme :Ire denied and strict proof thereof is demanded at the time of trial. Count II - V\olulilln III' Implied ClII'ennnl for Quiet Enjo)'ment 5. The Plaintiff incorpor:ltes hy reference his :lnswers lU paragraph one (I) through four (4) above, as if the same were more fully set timh at length herein. 6. Denied. Plaintiff spedlically and unequivucally denies that Jerry Simpson has ever verbally abused or harassed the Defendant and her children, The remaining averments constitute conclusions of law to which no responsive pleading is required. ,OOOII4-0003:!1Junc 22. 1994/JLH/MH/3609S " " Count III - Punilh'c DUllluJ:~ 7, Plalntifflncorporates hy r~ti!r~nc~ his answ~rs cunt.tin~d in paragraphs one (I) through six (6) above, as if the same were mor~ fully set forth at I~ngth h~rein, 8. The averments of paragraph eight (8) cunstitute cunclusions of law to which no responsive pleading is required, To the ~xtentthat an answ~r may he requir~d. th~ sam~ ar~ d~nied and strict proof thereof is demanded at the time of trial. 9. The averm~nts of paragraph nine (9) cunstitute cunclusiuns uf law III which no responsive pleading is required, To the extent that an answer may he re\luired. the same are deni~d and strict proof thereof Is required at th~ time of trial. WHEREFORE, Phtintiff requ~sts that this Hunur..hle Cuurt enter judgm~nt on behalf of the Plaintiff and against the D~f~ndant. dismissing Counts I. II. and IlIuf her Cuunterclaim. R~spectlitlly sllbmitt~d. JOHNSON. DUFFIE. STEWART & WEIDNER Date: ~ - ~) - ,.,-/ By: Juseph L. Hitchings Atturney I.D. No. 65 30 I Mark~l Stre~t P.O. Bux 109 Lcmuync. PA 17043-0109 l'clt.'llhunc (717) 761-4540 Al\l.rncys lilr P(..intiff ,0001 14.OOQ3:!1Junc 21. 1994/JLHlMH/3609S ," " VERIFICATION I, Jerry Simpson, Manager of Slough's Mobile Home Park, verify !hat !he slatements made In !he foregoing Answer to Defendant's New Mauer and Counterclaim are true and correct to the best of my knowledge, Information and belief. I understand !hat false statements herein are made subject to !he penalties of 18 Pa.C.S. A4904 relating to unsworn falsification to authorities. '. I "'-J Je y () I Date: , 1lOO114-000321Junc :!:!, 19941JLH/MH/3609S '. CERTIFICATE OF SERVICE I, Joseph L. Hitchings. Ill' the law tinn uf Juhnsun, Duftie. Stewart & Weidner, allorneys for Plaintiff, do hereby certify thaI 1 served a lrue and correct copy ot' Ihe attached Answer to Defendant's New Maller and Counterclaim by United States Mail, lirst class, puslage prepaid, upun the Counsellisled below: Philip C. Briganli, Esquire Leglll Services. Inc, 8 Irvine Ruw Carlisle, PA 17013 Date: /"''''J.1~e/'''1 Y.07~ Joseph L. Hitchi . " '^ . JAMES TWIGG t/a STOUGH'S HOME PARK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CHRISTINE CONLEY, Defendant NO. 94-2711 CIVIL TERM ORDER OF COURT AND NOW, this l~t day of September, 1994, upon consideration of Plaintiff's Petition for Hearing, and it appearing that trials for actions in ejectment are provided for in Pa. R.C.P. 1058, the Petition for Hearing is DENIED, without prejudice to counsel's right to list the case for trial in the normal fashion. If either party believes compulsory arbitration is the appropriate vehicle for trial of the case, a petition for compulsory arbitration may be filed and, if contested, a determination may be made on that issue at that time, BY THE COURT, Joseph L. Hitchings, Esq. 301 Market Street Lemoyne, PA 17043 Attorney for Plaintiff Philip C. Briganti, Esq. _ Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 J ~cr ~&~ql':t.lq't-, )"f' (:.'11 d'~L.i.- ~,-,ql ;J.~~: '" V, rn .." .r.. :rc l' , _, .'1 -":, \~ ! '.-1 " ~.~. ;,1' "'" t" .r. "'1l - c...o ..:. , OOOl14-000321Aulult29, t994/JLIlIMHI376t2 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2711 CIVIL TERM JAMES TWIGG t1a STOUGH'S MOBILE HOME PARK, vs. CIVIL ACTION - LAW IN EJECTMENT CHRISTINE CONLEY, Defendant ORDER OF COURT AND NOW, this day of , 1994, upon review of the attached Petition for Hearing, a hearing on this matter is scheduled for , 1994, in Court Room No. , at .M. at the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. ~, , 'OOOIl<<lOO321Au1ll1129, 1994/JL~IMHI31612 JAMES TWIGG t1a STOUGH'S MOBILE HOME PARK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2711 CIVIL TERM Plaintiff vs. CIVIL ACTION - LAW CHRISTINE CONLEY, IN EJECTMENT Defendant PETITION FOR HEARING AND NOW, this 1 c.-r'- day of August, 1994, comes the Plaintiff, by llIld through his undersigned attorney's, Johnson, Duffie, Stewart & Weidner, and petitions the Court to schedule a hearing on this matter. I. On May 20, 1994, Plaintiff filed a Complaint against the Defendant seeking a judgment in ejection against the Defendant for possession of the premises located at 123 Castle Drive, Mechanlcsburg, Cumberland County, Pennsylvania, together with the Plaintiff's costs of prosecution, 2. On June 10, 1994, the Defendant filed an answer to the Plaintiff's Complaint with new matter and a counterclaim against the Plaintiff. 3. On June 27, 1994, the Plaintiff filed an answer to Defendant's new matter and counterclaim. 4. The Pleadings in this matter are closed and there are no outstanding discovery requests. S This matter is at issue and is ripe for determination by the Court. 'OOOll+000321AuIUll29, 1994/JL!fIMHI37612 WHEREFORE, Plaintiff respectfully requests that this Coun schedule a hearing on this matter at Its earliest convenience. Respectfully submitted, JOHNSON, DUFFIE, STEW ART & WEIDNER By: .J.. '7, Joseph L. Hitchings Attorney 1.0. No. 65551 . 30 I Market Street Lemoyne, PA 17043"()109 Telephone (717) 761-4540 Attorneys for Plaintiff , PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: tJ') "., ..." " '.. (Check one) for JURY trial at the next term of civil court. u;> "',. f'.,) for trial without a jury, . ...........-....................................................................................................................................:..:~~::~;.::......ijj............... .. .:, "'":' x CAPTION OF CASE (entire caption must be stated In full) l"-. ::J;: (check one) .-;. ..~ - &D .s=- Assumpsit Trespass JAMES '!WIGG t/a S'KlUGH'S loOBILE HGIE PARK, Trespass (Motor Vehicle) ( X ) EjectJrent (other) (Plaintiff) vs, The trial list will be called on and CHRISTINE CONLEY, Trials commence on (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) vs, No.94-2711 Civil -,!,e~.._, 19. .. Indicate the attorney who will try case for the party who files this praecipe: o!?..:>ep~.~...I:Ii~c."ings 301 Market Street, wroyne, PA 17043 --.--...------....---- -- Indicate trial counsel for other parties if known: Philip~~_~r_ig~t~,... 8I~in: ,R~~ - . r~r';~lPr PA 17011 _.______ __ -----___.__0_.---- This case Is ready for trial. --.----9"....... ...-.. <.........-.... ,., Signed ~:'()? :. j{~ ---- Print Name: .. Jo~~.~~.. L. . H_itc~in~s ~_..... Date: .... '1 '$...:.1":'..._ Attorney for: Plaintiff OOOll4-000321Scplanbcr 2t, t994/JLHIMHI38302 JAMES TWIGG lIa STOUGH'S MOBILE HOME PARK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2711 CIVIL TERM Plaintiff vs. CIVIL ACTION - LAW CHRISTINE CONLEY, IN EJECTMENT Defendant PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the Complaint and Counterclaim In the above-captloned action as settled and discontinued. JOHNSON, DUFFIE, STEW ART & WEIDNER Date: '1 -<.1 - ?~( iif,-- J eph L. Hitchings ttorney J.D. No. 65551 30 I Market Street P,O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff By: LEGAL SERVICES, INC. Date: <1 '.J~ - 911 ///7 /" ~ ,/~'y::?( , -r Philip <r.' Briganti 8 Irvine Row Carlisle, PA 17013 Telephone (717) 243.9400 Attorneys for Defendant By: 6; . ,.. ~,,)ilo. _.,.~ , .~ h. ::- ./ ~'. .. ..'- ~ -.... II> ....... P!J== , ~ a.. ~ ._~<{'