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HomeMy WebLinkAbout94-04882 , , I' ;1 I, ) a -;t: 1\ el' , ' , :1 if' , , " 'I' 0'1 (~ '~ ';"-.,1.: '. in !,jj >\1 ;1 " 10" A " ,~ ,:} "(,, ~ 0.: ::i ~ j ~ c ':2 , , " , 1,"-' '1' ,.., ~ i', ~I II' , I ,,/i i.'l:1 ,;;, jI , '/~ ',';' , , , " Ii' ~ " ,/ ' " " (1) CO ()o :z- - 41. RINGSBURY ASSOCIATES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. 94-4882 CIVIL TERM FORREST J. HARTER, Defendant IN EJECTMENT IN RE: PRE-TRIAL CONFERENCE A pre-trial conference was held in the chambers of Judge Oler in the above-captioned case on Wednesday, January 4, 1995. Present on behalf of the Plaintiff was Andrew C. Sheely, Esquire. Present on behalf of the Defendant was R. Mark Thomas, Esquire. This is an action in ejectment. Plaintiff, Ringsbury Associates, a mobile home park owner, seeks (a) to eject Defendant from the mobile home park for failure to sign a lease and failure to abide by regulations forbidding storage of automobiles and operation of a commercial enterprise (storage and repair of unlicensed autos), (b) to obtain rent due, and (c) to receive attorney's fees and costs. This will be a non-jury trial lasting approximately one-half day, and by separate Order of Court will be scheduled for Monday, March 6, 1995 at 1:30 p.m. One issue remaining outstanding is a set of interrogatories which have allegedly nQt been answered by the ",' I .JAH G IU 06 AH '95 ", If .', 1.'1.;" ':1),:.-/' ./ '/' ,\f'j ,1\1" I I' , ;' ,. f, 0, , , ,'I I, i' III I 'I, , , ., " 1\, ,I !' ,,',I 1\ " , , ", "~I' , , " ", " " , , w\4l~NiWtitlMmrifNl,~\+-,\~o:.4l.l:.,I";\~t-',l-\j,",I,~''''''''''~ll''''''.-''''''''''''''.lI-\'.'-1"'\""""Jt;'#oki.w-.~ij.wJ~(.;.t'.wj 1i!':llltl~l.NJj',t<~~\\iIf , ' I:' " , '-~-'. " , ~ I' .~ " ';'W"'l'M/MOjl~_~ I' I I J I ,itii ~ .. " . . , . , '..~ " I' , - < .,':, '.~'~: KINGSBURY ASSOCIATES, I IN THE COURTS OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW I v. I S4 - 4882 CIVIL TERM I FORREST J. HARTER, I IN EJECTMENT Defendant : PLAINTIFF'S PRETRIAL CONFIRBNCI KIKORANDUK Kingsbury Associates, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Pretrial Memorandum and respectfully states as follows: I. STATIMINT OF THB CASB plaintiff, Kingsbury Associates, is the owner of a mobile home park in Hampden Township, Cumberland County, Pennsylvania. Kingsbury Associates is the record legal owner of certain real estate being improved with a mobile home park, being known as Kingsbury Mobile Home Park, same being situate in Hampden Township, Cumberland County, Pennsylvania, having been acquired by Deed dated August 10, 1992 and recorded September 11, 1992 in the Cumberland County Recorder of Deeds office in Deed Book "W", Volume 35, Page 610. Defendant, Forrest J. Harter, is an adult individual, who resides at Lot No.4, Kingsbury Mobile Home Park, 5169 East Trindle Road, Mechanicsburg, Pennsylvania 17055, Defendant Harter is currently the equitable and/or legal owner of the mobile home located on Lot No.4, Kingsbury Mobile Home Park, said lot being situated on Plaintiff's property. Kingsbury Associates provided Detendant Harter with a written lease agreement and copies ot all Park Rules and Regulations by, on, or about September 18, 1992 shortly atter purchasing the mobile home park. Defendant Forrest J. Harter never signad the written lease agreement and continues to retuse to enter a lease agreement while exercising possession and control over that portion ot Plaintift's property described as Lot No. 4 in the Kingsbury Mobile Home Park. In addition, Plaintiff has repeatedly notitied Defendant by certitied mail of Defendant Harter's continuing violations of Park Rules No. 23 and 29 which prohibit the storage of unregistered, unlicensed motor vehicles in the mobile home park. In addition, Defendant Harter was advised of Park Rules and Regulations which prohibit the operation of a commercial business within the park. Notwithstanding these notices, Defendant openly and defiantly refused to cease his use of the mobile home park as a storage and garage area tor unregistered and/or unlicensed motor vehicles, trailers, used parts and other junk and debris. II. PROCEDURAL HISTORY A Complaint in Ejectment was filed at No. 94 - 4882 filed on September 16, 1994. Defendant Harter filed an Answer on or about October 25, 1994. After Defendant Harter failed to file a response to Written Interrogatories, an Order dated December 23, 1994 was filed entering a Rule on Defendant to show cause why he should not answer the Written Interrogatories. 2 III. RILII. RIOUISTID BY PLAIHTI.. Kingsbury Associates seeks to have Defendant Harter ejected and/or .vict.d from the Mobile Home Park for refusing to enter a leas. agreement with plaintiff and for failing to comply with Park Rules and Regulations after being notified of such violations. Plaintiffs further request that Defendant Harter remove the mobile home and all other possessions from the mobile home park in accordance with the ejection and eviction action. plaintiffs request the Defendant pay for all rent which is presently due to Plaintiffs from his use of the mobile home park lot. plaintiffs further request that Defendant pay plaintiffS costs, expenses and legal fees, IV. STATEMBHT O. THI LEGAL ISSUIS .. Wh.th.r D.f.nd.nt H.rt.r .hould b. .j.ct.d fro. hi. .xclu.iv. po.....ion of Lot Ko. 4 loc.t.d in the linq.bury Mobil. Ho.. P.rk for f.ilinq to .nt.r . 1.... .qr....nt witb Pl.i~tiff linq.bury A..oci.t..? b. In the .It.rn.tiv., wh.th.r D.f.nd.nt H.rt.r .hould be .vict.d for viol.tinq P.rk Rul.. .nd R.qul.tion. .fter r.c.ivinq notic. to c.... .11 u.e of hi. lot for comm.rci.l purpo... r.l.tinq to the .tor.q. .nd r.pair. of unlic.n..d, unin.p.cted .nd/or unr.gi.t.r.d motor v.hicl.. in the mobile home p.rk. V. "ITKBSSES 1. Robert E. GOOdling 2. Russell C. Goodling 3. Carlea M. Lenker 4. R. E. Klair 5. Plaintiff reserves the right to call additional witnes.es 3 provide sufficient notice is provided to Defendant. VI. LIST or IXBIBITS 1. Copies of all letters sent to Defendant Harter requesting that he sign a lease. 2. Copies of all letters sent to Defendant Harter advising him of violations of Park Rules and Regulations. 3. Miscellaneous photographs of unlicensed and unregistered motor vehicles maintained by Defendant Harter at the mobile home park. 4. Miscellaneous photographs of parts, debris and other junk associated with Defendant Harter's use of the mobile home park for auto mobile repair and commercial purposes. ~. Plaintiff reserves the right to supplement these exhibits with additional information to the extent such becomes available. VII. REQUESTED STIPULATIONS 1. Plaintiff Kingsbury Associates is the owner of the Kingsbury Mobile Home Park located at 5169 Trindle Road, Hampden Township, Mechanicsburg, Pennsylvania. 2. Defendant presently resides on Lot No.4 in the Kingsbury Mobile Home Park. 3. No lease agreement exists between Plaintiff and Defendant. 4. Defendant has parked and repaired unlicensed and unregistered vehicles on Lot No. 4 without Plaintiff's consent or approval. 5. Defendant was advised of violations of Park Rules and Regulations regulating the parking of unlicensed and unregistered motor 4 vehiole. within the mobile home park prior to the initiation of the above-stated action. 6. Defendant has no legal ownership interest or lea.e agreement in reference to Lot No. 4 in the Kingsbury Mobile Home Park. VIII. DI8COVllRY Defendant has failed to answer Written Interrogatories served upon him and a Rule to show Cause was entered on December 23, 1994 in order to determine why no response has been filed. IX. BSTlKATED TIMI or TRIAL Plaintiff believes that a non-jury trial would likely last two (2) - (3) hours. X. STATUS or SETTLEMENT NBGOTIATIONS Defendant previously advised Plaintiff that he would be leaving Kingsbury Mobile Home Park shortly after filing the Complaint in September of 1994 which was acceptable to Plaintiff provided Defendant was current on rent. However, Defendant changed his previous position and advised Plaintiff that he was refusing to leave the mobile home park, resulting in a continuation of the above-captioned litigation. Respectfully submitted, ?hdW e ~l A- Andrew C. SheelY~ -;s~ire Law Office of James D. Bogar 1 West Main street Shiremanstown, PA 17011 (717) 737-8761 Pa. I.D. No. 62469 DATE: December 30, 1994 5 ~i .... -" ~I ';:1 t .~ I1l ~I ~~ ..... ~ .~ ~ p.. . - <- ~ .... ~ ~ f' . ~ ~ ~ ~~I~ ~ . i;~!;i~E ~ ~ CJl' =~~~~~ ~ 8'1 n 'r;;) [r. i5 ~I~l =~~:SI'- ~ . rn ,..e. ~ ..., ~~ ~ ~ B ; ~ ~~~ "'~ '" z i:1 ~ < ~ E o:t. =~ "'.. " '\ .,,~ \ \ il 1.\ 'I \("-I! ) I',' I \ \. I' ,I . ,. 'J I I( Jr" 1-.. . " ,~ .. " ,I I, ,I ,<,\\~f1 ;;:'~"'Il~""i':~: .->",:;ii/ ',~ P'I"II "'I't' )" ' , "''''1 ' 'I r ',' f:':II; '1, I r "I" I,~lf, ',,' ,,~\I"H\\~'.,: I ',h , ! i ~T~': ,'.' ! 1 J ' , .-"'itr.-/,~ ,,( I',~,', \ l,'II,,!:'\F ,- .:,'~'.J[ ,', '.'," . I', I I , MtlJUW, a. WALTERS, III a. MARK mOMAS' ATI'OaNltYS AT LAW 6>j l!AST MAIN STIUlIT MttHANIClIlURG, PA'TON , 11m m.. ,;U <'m m.. i I ~ , ' ",., ,,', , ii',. ~ ,1,1 " 1', P.!.!J :::W,..,',~ :!,!'','I,j , ~ " " ;1" 1(' " OJ. , 'I II i ;1 j \ f I , I I j' ,~ . ii' h~;':' . "/,J I" '" ;( 'I;~' J, 'i " ,,~_! I ." . tlt'-;,!,! \."r .'1" :.~ 'f' fr. 1:,1; , ~fo. I" J":) 1 t" " Ii J: , . ~ .' ..~ < . v. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I 94 - 4882 - CIVIL TERM I I IN EJECTMENT KINGSBURY ASSOCIATES, Plaintiff FORREST J. HARTER, Defendant DI'INDAHT'8 PRI-TRIAL KIKORANDUM 1. Statement of the basic facts as to liabilitv: Defendant has been renting a lot space for his mobile home at the mobile home park for the past five years. Two years ago the Plaintiffs purchased the mobile home park and are now the record legal owners. Defendant is in the business of buying and selling cars from the auction blocks which are located in Central Pennsylvania. At times he purchases a car and brings it back to his mobile home lot where it sits for a couple of days until he takes it to another auction and sells it. Plaintiff claims that the actions of Defendant constitute the operation of a business on park property and, therefore, claim that he is in violation of park rules. Defendant denies that he is in violation of the park rules and states further that the Plaintiff is in violation of the Mobile Home Park Rights Act in that these park rules are not posted in a oonspicuous place within the park. In addition, Defendant denies that his actions rise to the level of the oonducting of a business on park property. Defandant was never presented with a written lease by the Plaintiffs. The ownership of the park changed hands several times during the five years that Defendant has lived there. To Defendant's knowledge the Plaintiff herein has never provided the Defendant with a written lease to sign. Defendant claims there is no liability to Plaintiffs. 2. statement of the basic facts as to damaaes: Defendant claims there are no damages owed to the Plaintiffs. Defendant has been current on his rent and denies having caused any damage or loss to the Plaintiffs. 3. PrinciDal Issues: Mobile Home Park Rights Act - Rights of Tenant Damages C,*MONWIAUH 0' ,.NNIYLVAHIA COlli' OJ COMMoN'LlAI NOTICI 0' APPIAL fROM IIIDICIAL OI""CY DISTRICT JUSTICI JUDGMINT qLj.-4~8'2 ~~ COMMON'LlAIH.. NOTICE OF APPEAL Notlc. II given tho, the appellant hol filed In the above Cnu,t of Cammon Pie", on appeal from the judgment ,endered by the Dilt,lct JUltlce an the dol. and In the co.. mentioned below. """'" "'....LlAH1' 'TMi31>!lNO--1lIi N.MrOl br~ m'______ -.mm~i--::-t bJ,.~fer- '(Jvtik1r~!telf..lf#-"-"~I~~ _:!7! IF. %..tl- .&. 41"'''1 ~e.Wt;")'.... .. - _//l.__ ---- ~:JrJs.r llllI~ I. 11N(:i' C...Sf t')f 1'_,11I11"" 'l"'J IOd,w~/olml 9 !J'l7- &'WJ.., /11.1.' """,, 16.~",,,,,k~~~~ _ ~~ I': ~()D~'_~;"''lY--: v~ TNI block wITI b. oigned ONLY ;...nenthi~;,o;';H~;-I;'eq;'i;;d ~n<J';, p';' R,C'p,J.P. No." __~__u . ----,---- ____m___.__ l008&. TNI Notice of Appeal, when received by the Olltrlel JUltlC', will ape,ote 01 0 SUPERSl:DEAS to the judgment fO< po.....lan In this cas.. ~{l ,!t~DtplfIPf"wtj /I appellant w,o~ CLAIMANT (see Pa. R.C.P.J.P. No. tOO t (6) in action before District Justice, he MUST FfLE A COMPLAINT Within twenty (20) days after filing his NOTICE of APPEAL. ------'PRAEciiioEtOENT'Eii RuiE to FILE . COMPLAiNt- ANDRULE ToFiIT----'--- (This section ollonn to bo used ONLY when aPfJ01I1l1ll was DeFENDANT r "Cc I'll. HC.PJP, No, 1001(7) In IlCllOn beloro Dlsltlcl Justice. IF NOT USED, delach Irem c<py 01 notice 01 appelll to be 5erved upon appvllee). PRAE~:~~I. ::7~k~~,~ ...~.____m.__.. ,0ppell..ls), to fil. a complain' In thll oppeaI -..,-- Nllme !11 il/-.Vf'lk?l>(!i) (eammanPleol No. q'f -4-882 tWJ.~ wlth,n twenty 120) daYS_~I~f~Z:~~ Sil~' IlWCllant or hIS altomoy 01 agent RUllI To Jv.." A ~ 1.-. !J,bf-.-..!1.a~b;.. Hem c 8rk.appelleel,1 .I.~ Nome of ,lffJO/k>OisJ II) You ore notified thot 0 rule Is h.",by enter.d upon you to file 0 comploint in this oppeal within twenty 120) days alter the dole of Ief'"iellt of this rule upon you by personal service or by certified or registered moil, 12) If you do not file 0 complaint within thlltime, 0 JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOu. (3) The do'" of .ervic. of ,hi. rul. If service wos by maills the dote of moiling. Dotw: ()JW. 30 .,19QIJ..: ~J, ~'J.A~~.JO..h> -,.Lf' ,~ . 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(.,}, ..tj'~ ""'''t ,t~ ,~ . I "t!o( "'?,Ittilltl,\rt, , " , , " , ()\ flllf; 'k~ ' \i\OIl~I~ \)\ '. ' 1'" 1\\1 CIjI~,I.\'\ !,h\l, 'Ill'~ , ~r.lltl', II.~ ~ ,'I 1'1' I,' " , , " , , ,'1 , , " , '\1 " I, 'I I', I' ,II '\1 " " , 1 ", ,,' .',j ;1' , ,I ., " , ";' ,- , " i "I I' " !, '. 'I' , , " " :$\ I.~- , ('~"""_I'IIIjI'II.liiItI!/Ml"rur 'IN~ . ~ ~ , ~_I~hf~"i,j.loj;'#'I~Wit-.~1~,....,w..I-J!j\""~Y''''~~\fljo<l;;j-..'t~\I~'111~,ll .. .,1 " , . , * < ,r' "j, ".~"- . KINGSBURY ASSOCIATES, I IN THE COURT OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I - :"1 ~~).) CIVIL FORREST J. HARTER, I 94 TERM Defendant I I IN EJECTMENT If....o. TIC . 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 enter- ing a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims fiet forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TH1_ PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 697-0371 (717) 240-6200 BY{~ Jf/.",,4If!)/'/.o J~S D. ~ogar, Esquire Pa. 1.0. .~ 19475 5 West Main Street Shiremanstown, PA 17011 (717) 737'-8761 Attorney for Plaintiff, Kingsbury Associates v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94 - /../ ~'6 ,} CIVIL TERM KINGSBURY ASSOCIATES, Plaintiff FORREST J. HARTER, Defendant : IN EJECTMENT COMPLAINT Plaintiff, Kingsbury Associates, by and through counsel of James D. Bogar, Esquire and Andrew C. Sheely, Esquire, hereby files this Complaint in ejectment and respectfully avers as follows: 1. Plaintiff, Kingsbury Associates, is a Pennsylvania general partnership, with its principal place of business located at 2920 Dickinson Avenue, Camp Hill, Pennsylvania 17011. 2. Defendant is Forrest J. Harter, an adult individual, residing at Lot No.4, Kingsbury Mobile Horne Park, 5169 East Trindle Road, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff, Kingsbury Associates, is the record legal owner of certain real estate being improved with a mobile home park, being known as Kingsbury Mobile Home park, same being situate in Hampden TownShip, Cumberland County, Pennsylvania, having been acquired by Deed dated August 10, 1992 and recor.ded September 11, 1992 in the Cumberland county Recorder of Deeds office in Deed Book "W", Volume 35, Page 610, same being bounde~ and described as follows: ALL THAT CERTAIN TRACT of ground situate in Hampden TownShip, Cumberland County, Pennsylvania, bounded and described in aooordance with a survey dated August 17, 1992, survey Book No. 1007, of Hartman and Assooiates, Inc., as tollows: BEGINNING at a point in the center line at the Trindle Road, at the line of land now or late of Marlin Bretz, said point being located 200 feet more or less North East ot the center line of sneely Lane I thence from said Point of Beginning, by land now or late of Marlin Bretz, land now or late of william D. Hornberger, land now or late of wilson A. Ebert, and land now or late of Monroe J. Mccauslin, Sr. North 44 degrees 54 minutes 00 seconds West a distance of 455.00 feet to a point on the line of land now or late of the United states of America (Ships Parts Control Center) I thence by the line of land now or late of United states of America North 63 degrees 55 minutes 00 seconds East a distance of 354.68 feet to a pointl thence by land now or late of William C. Hall South 38 degrees 36 minutes 00 seconds East a distance of 238.90 feet to a point at or near a fence postl thence by land now or late of William C. Hall South 44 degrees 06 minutes 00 seconds East a distance of 207.64 feet to a point in the center line of the Trindle Roadl thence by the center line of the TRindle Road South 63 degrees 55 minutes 00 seconds West a distance of 323.92 feet to a point, the Place of BEGINNING. SAID TRACT contains 143,752.68 square feet or 3.30 aores. SAID PREMISES having thereon erected a two (2) story trame dwelling and garage and being known and numbered as 5169 Trindle Road, Mechanicsburg, Pennsylvania, and a thirty-two (32) pad mobile home park. A copy of the Deed is attached hereto, marked Exhibit "A" and incorporated herein. 4. Plaintiff, Kingsbury Associates, acquired an immediate right to possession of the premises by virtue of the August 10, 1992 deed as referred to in Paragraph No. 3 hereinabove, said being recorded in the Cumberland County Recorder of Deeds office in Deed Book "W", Volume 35, Page 609. 5. Defendant, Forrest J. Harter, currently resides in a mobile home located on Lot No.4, Kingsbury Mobile Home Park, said lot being 2 situated on Plaintiff's real property as described in Exhibit "A". 6. Defendant, Forre$t J. Harter, is currently the equitable and/or legal owner of the mobile home located on Lot No.4, Ringsbury Mobile Home Park, said lot being situated on Plaintiff's real property as described in Exhibit "A". COUNT I. BJ!CTMBNT 7. Paragraphs 1 - 6 are hereby incorporated by ref.erence. 8. Defendant Forrest J. Harter was provided with a written lease agreement, park rules and regulations by Plaintiff on or about Septemb$r 18, 1992. 9. Defendant Forrest J. Harter never signed the written lease agreement and continues to refuse to enter a lease agreement. 10. Defendant, Forrest J. Harter, has exercised and continues to exercise exclusive possession and control over that portion of PlaJ.ntiff's property described as Lot No. 4 in the Ringsbury Mobile Home Park. 11. Efforts by Plaintiff, Ringsbury Associates, directing Defendant, Forrest J. Harter, to remove the mobile home and himself trom Plaintiff's property have been without success. 12. Plaintiff is entitled to immediate and exclusive possession of lands which Defendant currently occupies. 3 13. Defendant has not executed a new lease over that portion of Plaintiff's property described in Lot No. 4 in the Kingsbury Mobile Home Park. WHEREFORE, Plaintiff, Kingsbury Associates, respectfully requests that this Honorable Court: (1) Enter judgment in favor of Plaintiff, Kingsbury Associates, and against Defendant, Forrest J. Harter, for possession of Lot No.4, Kingsbury Mobile Home Park, said property being described in full by deed dated August 10, 1992 and recorded in the Cumberland County Recorder of Deeds office in Deed Book "W", Volume 35, Page 6091 (2) Enter an Order of Court directing Defendant, Forrest J. Harter, to immediately remove the mobile home, himself and all possessions from Plaintiff's property, from Lot No.4, Kingsbury Mobile Home Park, Hampden Township, Cumberland County, Pennsylvania, all at Defendant's costl (3) Enter an Order of Court directing Defendant to pay for and assume Plaintiff's court costs, legal costs and feesl and (4) Any other relief deemed just and equitable. COUNT II. EVICTION 14. Paragraphs 1 - 13 are hereby incorporated by reference. 4 15. On or about May 19, 1994, Plaintiff sent Defendant, Forrest J. Harter, a letter by certified mail advising Defendant of violations of Park Rules No. 23 and 29, and further directing Defendant to immediately cease such violations or vacate the park. 16. Defendant accepted service of the May 19, 1994 certified letter on or about June 3, 1994. 17. On or about June 21, 1994, Plaintiff sent Defendant, Forrest J. Harter, a second certified letter advising Defendant of subsequent specific violations of Park Rules No. 23 and 29, and further directed Defendant to vacate the mobile home park within fifteen (15) days. 18. Defendant accepted the June 21, 1994 letter on or about June 22, 1994. 19. Defendant, Forrest J. Harter, was provided with a copy of Park Rules and Regulations with the lease on or about September 18, 1992. 20. Park Rule and Regulations No, 23 and No. 29 require current inspection stickers on automobiles parked in the Mobile Home Park and prohibit the operation of a commercial business within the park, respectively. 21. On or about August 15, 1994, Defendant, Forrest J. Harter, was again notified by certified mail of violations of Park Rules No. 25 and No. 29. 22. Defendant was previously advised of violation of Park Rules No. 23 and No. 25 in letters dated January 23, 1993 and July 19, 1993, respectively. 5 23. No written lease agreement was executed between plaintiff, Kingsbury Associates, and Defendant, Forrest J. Harter, for any term. WHEREFORE, Plaintiff, Kingsbury Associates, requests that this Honorable Court enter judgment against Defendant and in favor of Plaintiff, and direct that Defendant immediately vacate the trailer located at Lot No. 4 and award Plaintiff money damages and lost profits in an amount in excess of Eight Hundred and No/100 ($800.00) dollars. COUNT 1111 TR!8PA88 24. Paragraphs 1 through and including 23 as set forth in Count I and II are incorporated herein by reference as though set forth fully at length. 25. As a result of continually maintaining a mobile home and other possessions on Plaintiff's Lot No.4, Kingsbury Mobile Home Park, Defendant has deprived Plaintiff, Kingsbury Associates, of the full use and enjoyment of Plaintiff's property. 26. As a result of maintaining a mobile home on Plaintiff's premises as set forth herein, Defendant has d~prived Plaintiff, Kingsbury Associates, of the profits derived from the reasonable use and rental of Plaintiff's property. WHEREFORE, plaintiff, Kingsbury Associates, requests that this Honorable Court enter judgment against Defendant and in favor of Plaintiff, direct that Defendant immediately vacate the trailer located 6 iT. ; ~ - .:~ " -.:: (,," ,.,. . :'" .;~ ... I I. , f-~ ~ . " VI ~I .... .... 'j 1 =~ Q. ~ ,~ ~~ ~ ~e3 ~ ~ ~~~~ '" . 8 I ~i ~ ~ ~ E . !< i!E~ "'~ u I I . fa ~ :z ie~ I =~ ~ ~ ~. . ~==~I~ I ~ . ~s .. ~I~ ~ ..., i "' 12 "'< ~ t:' ~ 5~ ~ ~E ~~ . . RINGSBURY ASSOCIATES, I IN THE COURT OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I FORREST J. HARTER, I 94 - 4882 - CIVIL TERM Defandant I : IN EJECTMENT MSWIlK Defendant, FORREST J. HARTER, by and through his attorney, R. MARK THOMAS, ESQUIRE, hereby files this answer to the Complaint in Ejectment and respectfully avers as follows: 1. Admitted. 2. Admitted. 3. Denied. Defendant is without sufficient information following reasonable investigation to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. 4. Denied. Defendant is without sufficient information following reasonable investigation to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. 5. Admitted. 6. Admitted. COUNT I - EJECTMENT 7. No answer required. 8. Admitted in part, denied in part. Defendant admits that at sometime in the past he received a written lease agreement and a copy of park rules and regulations, but Defendant is not sure of the date on which these documents were received. By way of further answer, Defendant believes and therefore avers that these documents were provided to him by a previous owner of the mobile home park and not by tho Plaintiffs. 9. Denied. Defendant denies that he ever received a written lease agreement from the Plaintiff and that he has ever refused to enter into a written lease agreement with Plaintiffs. By way of further answer, the Defendant denies having ever received a lease agreement from Plaintiff. 10. Admitted. 11. Admitted. 12. Denied. This allegation is a conclusion of law to which no responsive pleading is required and therefore same is denied. 13. It is admitted that the Defendant has not executed a new lease with regard to Lot No. 4 in the mobile home park, however, it is denied that the Defendant does not have a lease as a matter of law and that the Defendant is in fact a tenant who is properly leasing the premises identified as Lot No. 4 in the mobile home park. WHEREFORE, Defendant prays that this Honorable Court will enter judgment in his favor and deny the requests for relief as set forth in the Plaintiff's Complaint. COUIIT II - BVICTIOlf 14. No answer required. 15. Admitted that the plaintiff sent Defendant the letter referred to in Plaintiff's complaint, but it is denied that th~ Defendant was in fact in violation of Park Rules No. 23 and 29. 16. Admitted. 17. It is admitted that the Defendant sent the letter dated June 21, 1994, referred to in the Plaintiff's Complaint, but it is denied that the Defendant ~as in fact in violation of Park RUles No. 23 and 29. 18. Admitted. 19. Denied for the same reasons as set forth in the answer to Paragraph 8. 20. Admitted. 21. l.dmitted, however Defendant denies that he was in violation of Park Rules No. 25 and 29. 22. It is admitted that these letters were sent but it is denied that the Defendant was in fact in violation of Park Rules No. 23 and 25. 23. Admitted. WHEREFORE, Defendant prays that this Honorable Court will enter judgment in favor of Defendant and against the Plaintiffs. COUIIT III - TRB8PAS. 24. No answer required. :L It PRAECIPE FOR LISTING CASE FOR TRIAL I . ." ,', (Must be typewritten and submitted in duplicate) TO '1lIE PIVllk.NYI'ARY OF CLtolBERLA./'I) COUNrY I <. Please list the following easel ~t '" ~.L: (Check one) for JURY trial at the next term of civil' co~: xl for trial without a jury. ----------------------------------------- CAPl'ION OF CASE (entire caption ITUst be stated in full) (check one) ( X) Civil Action KINGSBURY ASSOCIA'l'ES, (Plaintiff) Appeal from Arbitration (X) In EjectJrent (other) vs. The trial list will be called on 12/27/94 and FDRREST J. HARTER, ( Defendan t ) Trials commence on January 23, 1995 vs. Pretrials will be held onJanuarv 4. 1995 (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.) No. 4882 Civil Term 1994 Indicate the attorney who will try case for the party who files this praecipe I Andrew C. Sheely, Esquire and James D. Bogar, Esquire, for Plaintiff Indicate trial counsel for other parties if known, H. Mark Thanas, Esquire for De fendant , Fones t J. Harter This case is ready for trial. Signed I fJ"dti (l, / Prin t Narre I Andrew C. Sheely Date/t:J./Vt'l . , Attorney fan Plaintiff . ,i \ . - \ .... '" 'I J KINGSBURY ASSOCIATES, : IN THE COURTS OF COMMON PLEAS OF plaintit! : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW I v. : 94 - 4882 CIVIL TERM : FORREST J. HARTER, I IN EJECTMENT Defendant : INTERROGATORIES OF PLAINTIFF ADDRESSED TO DEFENDANT FORREST J. HARTER TO: FORREST J. HARTER c/o R. Mark Thomas, Esquire 54 East Main Street Mechanicsburg, PA 17013 PLEASE TAKE NOTICE that you are required pursuant to the Pennsyl- vania Rules of civil Procedure, Rule 4005 and 4006 to answer, under oath, within thirty (30) days after service of this notice, the attached Written Interrogatories. These interrogatories are deemed to be continuing to the extent provided by Pa. R.C.P. 4007. >' ,i" / (l st~(.-,-_.- ndrew C. Sheely,-Esquire Attorney for Plaintiff 5 West Main Street Shiremanstown, PA 17011 IO *62469 Dated: November 16, 1994 (717) 737-8761 EXHIBrr //11" DEFINITIONS 1. "plaintiff" shall mean Kingsbury Associates. 2. "Defendant" shall mean Forrest J. Barter. 3. "DooWllent" shall mean any writJ.ng of any kind, including recorded or graphic matter, however produced or reproduced. It includes all matters that relate to or refer to in whole or in part to the subject matter referred to in any interrogatory. If a document has been prepared in several copies or if additional copies have been made and the copies are not identical (or by reason of subsequent modification by the addition or notations or other modifications, the copies are no longer identical) each non-identical copy is a separate "dooument". The term "document" includes, but is not limited to correspondence, personal and inter-office, memo- randa, no~es diaries, log books, statistics, work orders, letters, telegrams, minutes, contracts, reports, studies, check statements, books, inter-office and intra-office communications, bulletins, printed matter, computer printouts, teletypes, invoices, recordings, worksheets, work papers, and all drafts, alterations, modifications, changes and/or amendments of any of the foregoing. 5. "All doouments" shall mean any document as above defined known to you, and every such document which may be located or discovered by reasonable effort. 6. The term "possession, custody or controls" includes the joint and several possession, custody, and control not only by the Defendants, but also by each and any person acting or purporting to act in concert or on the behalf of the Plaintiff whether an employee, an attorney, accountant, or otherwise. 7. "Identify" or "Identification" when used in reference to any natural person means to state the fullname of such person, if known, his present or last known position and/or business affil- iation, and his business address and telephone number."Identify" or "Identification" when used in reforence to a person other than a natural person means to state the nature of such person (e.g. corporation, authority, county, etc.), full name, address, and telephone number; the identity of those persons employed by such entity with whom you have dealt, and the subject matter with re- spect to which you dealt with such person. "Identify" or "Identification" when used in reference to a document means to state the type of document (e.g. letter, telegram, memorandum, report, etc.) its date, the name of the sender or senders, the 2 KINGSBURY ASSOCIATES, I IN THE COURT OF COMMON PLEAS OF PlllinUtf : CUMBERLAND COUNTY, PENNSYLVANIA : v. : 94-4882 CIVIL TERM : FORREST J. HARTER, : Defendant : IN EJECTMENT IN RE: NON-JURY TRIAL IS SCHEDULED ORDER OF COURT AND NOW, this 4th day of January, 1995, a nonjury trial in this matter is scheduled by agreement of counsel for Monday, March 6, 1995 at 1:30 p.m. By the court, /' .J. Andrew C. Sheely, Esquire For the Plaintiff R. Mark Thomas, Esquire For the Defendant Court Administrator :It . "~I,, ,.",~""., ~"'~""~"'l"ll't.,.",_ """'''''''.,"".,l-...,j."... f', L " ':11,- ' \Ifl;': .' .. ~i \~~, " Il.. 1'''11'. '!!, JAM 6 10 10 ~H '95 ",1 : i I' II. (~ ,r . ,'.Ij I,\(,r II', ,ll~ ' \'11' , j!l " '. '., ,I' /-,;'" I,-f '" . " I L' 'i!;,'_, ii!:'; ~!' 11,.1' il;', >;;( I' 'I 'I "', ii, A. 1..:l--. ~. ~.L . t',lWrr;/ ,~ ~ .11';"". ",1 i'i. .' I. " ',i . , .' " .' I. . " " . ".~"";.' ,,,.' . ," . . 'I, '. " . " . " '~ -:'~-. :-'j_-"~"'-"""""-!...,j--:"""'I!l'''~.''-"'' , , ,~ r.'....._,......,1I . " ' 'I "r ~ " ",":1 I "J ,;/ ':;,\ I'J " , , '. .' ; ,i . ....- , .il_. ,~ , 'I ,II f , I' "," I: ,!'i \ , ~ ' , ~ KINGSBURY ASSOCIATES, : IN THE COURTS OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : v. : 94 - 4882 CIVIL TERM : FORREST J. HARTER, I IN EJECTMENT Defendant : 8TIPULATIOlf AlfD AGRBBNBlfT Plaintiff, Kingsbury Associates, a Pennsylvania general partnership with its principal place of business located at 2920 Dickinson Avenue, Camp Hill, Pennsylvania, and, Defendant, Forrest J. Harter, an adult individual residing at Lot No.4, Kingsbury Mo~ile Home Park, 5169 East Trindle Road, Mechanicsburg, Pennsylvania desire to enter this stipulation and Agreement in order to resolve litigation pending in the Court of Common Pleas of Cumberland County. Plaintiff and Defendant, desiring to resolve amicably all litigation among them raised in the above-captioned matter, including all causes of action or claims raised therein, hereby Stipulate and Agree as follows: (1) Defendant, Forrest J. Harter shall transfer title to his mobile home located at I.ot No. 4 of the Kingsbury Mobile Home Park to Plaintiff, Kingsbury Associates, on or before January 31, 1995; and (2) Plaintiff, Kingsbury Associates shall permit Defendant, Forrest J. Harter, to remain in the mobile home until the end of February 1995, or upon the Defendant's permanent moving from the mobile home and mobile home park no later than February 28, 1995; and (3) Plaintiff Kingsbury Associates shall accept the mobile home in its pre.snt condition and shall release Defendant, Forrest J. Harter, from any rent presently due and owing to it by Defendant, Forrest J. Harter I and (4) Defendant Forrest J. Harter shall continue maintaining the mobile home in its present condition until he permanently vacates the mobile home in accordance with this Order of Court. (5) plaintiff Kingsbury Associates shall prepare a Praecipe to Settle, Discontinue and Dismiss the above-stated action upon all parties signature to the attached stipulation and Agreement. (6) Noting in this stipulation and Agreement shall be construed as a sale or exchange of assets, and it shall be presumed that this stipulation and Agreement was prepa~ed by both parties for contract interpretation purposes. (7) Plaintiff Kingsbury Associates and Defendant, Forrest J. Harter, agree that this stipulation and Agreement shall b$ incorporated as an Order of Court and that either party may seek a subsequent Court Order in the event of a breach of this stipulation and Agreement, WI~~ (WITNESS) DAT ~ '3J 1995 'I d7G~lu/ (WITNE S) (d)( v,,' '.... .,~ DATE: JaftttaryJ I 1995 -<+ I ,/'~ JPfrest J. Hatke.... /7~ / ,~.-~ i <- obert E. Goodl ng, General ~ Partner and Agent for Ringsbury 3 .1"1 ~~R 3 .8 4ij ~K 'as <11'111 r,IJI\!'\' \ l;j '1"', ' 11'1l:\' 1I1)~'. 1 /,h\ 'I If i'I'.ll 1/1]1,' ., . . . ;,.<;,*,,;.