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HomeMy WebLinkAbout95-06749 , 000 II f,0004B1Novcmbcr 21. 1995/JLH/M H/48430 JAMES TWIGG lIa STOUGH'S MOBILE HOME PARK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA oj. t- '/'11 (iL'f}-l ~ NO'1 Plaintiff vs. CIVIL ACTION - LAW IN EJECTMENT DA VID WEYANDT and W ANDA WEYANDT, Defendants NOTICE TO DEFEND To the Defendants: 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, hy entering a written appearance personally or by attorney and filing in writing with the court your defense or objections 10 the claims SeI forth against you. You are warned that if you fan to do so the ca~e 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 Piaintlff. You may lose money or properly or other rights importanlto you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWVER AT ONCE. IF YOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BEWW TO F'IND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House I Courth.lUse Square Carlisle. Pennsylvania 17013 Telephone: (717) 240-6200 . OOOIIf.()()()4IINovcmbcr21, 1995/JLHIMHI41430 " JAMES 1WIGG tla STOUGH'S MOBILE HOME PARK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. qy- ~'/y '1 ~'J I.u-- CIVIL ACTION - LAW IN FJECTMENT Plaintiff vs, DA VID WEYANDT and WANDA WEYANDT. Defendants COMPLAINT AND NOW, come.~ :he Plaintiff. by and Ihrnugh its undersigned allorneys, Johnson, Duffie, Stewart & Weidner, and avers in suppan of its Complcinl againsllhe Defendants as follows: I. The Plaintiff,James Twigg, is the owner of Stough's Mobile Home Park, a mobile home parle doing business In:he Commonweal:h of Pennsylvania having an office or principal place of business at64-A Detroit Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055, 2. The Defendanls. David Weyandt and Wanda Weyandt, are married adult individuals residing in Slough's Mobile Home Park al 200 Marlelle Drive, Mechanicsburg, Cumberland Counly, Pennsylvania 17055. 3, Jerry Simpson is the Manager of Slough's Mobile Home Parle and an authorized agent for the Plaintiff. 4, On or about May 30, 1986. Plaintiff leased :he premises at 200 Marlelle Drive, Mechanicsburg, Cumberland County, Pennsylvania to the Defendants under a Mobile Home Site Lease Agreement, a true and correct copy of which is allached hereto. incorporated herein by reti:rence and marked as Exhibit. A . . 5, Said Lease Agreement has not been assigned by the Plaintiff. The Lease authorizes the Defendants, David Weyandt and Wanda Weyandt to be occupants. the other authorized occupants Lisa, Ricltle and John are believed to be minor children of the Defendants. " . 00011~.()()()4I1NoYcmbcr28. 1995/JLH/MH/48430 6. Upon signing the Lease Agreement and moving Into the mobile home park, the Defendants were given a copy of Stough's Mobile Home Park's Rules and Regulations. 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 which is attached hereto as Exhibit" A ". 8. The Defendants, David Weyandt and Wanda Weyandt and their family have violated the following park rules and regulations: 4.A. No pets are permitted without the written permission of management. Absolutelv no pelS will be Dermltled that reoulre outside housln!!. 4.B. No pet will be allowed which weighs more than 20 pounds, or dogs which are vicious In nature, such as Pit Bull Terriers. 4.C. No pelS are allowed to be tied outside. S.E. Immohillzed or Disabled Vehicles are not permitted on the premises. Owner may make minor repairs on a vehicle on a proper parking space, but the placing of the vehicle on jacks or blocks, or performance of major repairs to the drainage of crank cases and radiators is prohibited. S.F. Any vehicles not bearing current. valid insnection sticker and license Dlate may not be kept in the community under any circumstances. The vehicle will be towed away and stored at the owners expense without further notification. 9. The Plaintiff has notified the Defendants both in writing and in person of their violation of the park rules and regulalions. A true and correct copy of such violation notice is attached hereto, Incorporated herein by reference and marked as Exhibit "C". , OOOllf-OOOlllNovember28. 19951JLlI/MH/48430 10. A Notice to Quit was served on the Defendants by certified mall on September 29, 1995. A true and correct copy of the Notice to Quit Is attached hereto, incorporated herein by reference and marked as Exhibit "0". II. A second Notice to Quit relating to the rules violations concerning pets was served on the Defendants by certified mall on Dr about November 17, 1995. A true and correct copy of the Notice to Quit Is attached hereto. Incorporated herein by reference and marked as Exhibit 'E". 12. Due to the Defendants' violations of the aforementioned park rules and regulations, the Defendants have breached the Lease Agreement and the Plaintiff is declaring a forfeiture and termination of the Lease Agreement. 13. Despite the repeated notices to vacale the premises, the Defendants remain in possession of the leased premises. WHEREFORE, Plaintiff requests this Honorable Court enler judgment In ejectment In favor of the Plaintiff and against Defendants, David Weyandt and Wanda Weyandt, for possession of the premises located at 200 Marlette Drive, Mechanicsburg. Cumberland County, Pennsylvania, and direct the Defendants to pay the Plaintiff's costs of prosecution. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Date: J 1- J..Y-9.f By: -z. seph L. Hitchings I\ttorney J.D. No. 65551 301 Market Street P.O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff OOOl14,OOO4I/Noycmber21. 19951JLH/MH/.I.30 COMMONWEALTH OF PENNSYLVANIA :55: COUNTY OF CUMBERLAND Jerry Simpson, being duly sworn and according tlllaw, deposes and says !hat he Is !he Manager of SlOugh's Mobile Home Park, !he Plaintiff named in !he foregoing Complaint; !hat as such he Is au!horlzed to make !his Affidavit on Plaintiff's behalf and has knowledge of !he facts set fllnh in the foregoing Complaint; and !hat said facts are true and correct to !he best of his knowledge, Information, and belief. Sworn to and Subscribed to me !his r:;l'\. ~ay of,,<\~~,~99S. ~~h-L ~ Notary Public E;: "' My Commission Expires: NOTARIAL SEAL DIANNE LENIG, Notary Public Lemoyne Borough Cumberland Co, My Commission Expires Dec. 21.1997 AU 1f.'I.,I~ _1Q.'. 'D" "(.'hID @ lY1 tf)JI]1; wr NIKlER ,9 0 d I) u..'},V f\tY 1i1lA.UI'll ~WlU; 1U1l:: I'l\IIj( c/o Ilfl:WCY 1ICHfS, rn:. 7099 CARLISLE PIKE CARLISLE, I'mNSYLVl\IIIA 17013 IF.M& l\llRmoIDn' IWlE 'nI1S .30 ~ ._0:. "and 7Y10-ly HlDILE IDle PARK, ~ -!l Un I~(\ , 19 ~ C. , by and betwon STalClI'S '1;)~ v,;J W o\jtl ",J-r LESSEE. W1IERE1\S, Lessor 0WIIlI IIIld opel"llte8 a aila ham perk in Iotlich Lessee desires to occupy a aile ham site. fDI 'nI1S l\llRmoIDn' WI'nlESSE'I1I, that the perties hareto, for and in CCNllderatien of the mutl.lOL lXMlllants contained harein, and int:ending to be legll1ly IxlIni hareby, egree u foLl"",. ot- 1. 'l11e rent shall be $ /S () day of each Il'l:Xlth. 2. '!his LeaIO shall 1:0 for a term of ClIIl Il'l:Xlth, ccmrencinq en the first my of -':\I'NA' , 19.1k., and terminate en the last day of -.::ru IV ~ ' 19 g.., priiV1iled that a hoLdiIll1 over by the tenant may be CCNltruod by the Lossor, at his olltien, as a ronewal of this Leue for another 1iJ<e term and CXlIlditien of this Lease. . . .. per Il'l:Xlth, payable on the first 3. ~ts. Tenant and IMdlOJ:d egree the follcMinq porscns and no other will occupy the 1easod premises. tWlE O;:-v I ,J WaNd- 1.,lsr_ -- ? ",~I(,<l '- :;' -,Iu I..N ---.,,, 4. All new tenants afte:' Juno I, 1986 shall, upon O>CeCUtien of this lease. deposit with Landlotd as security for the porformanc:o of all the terms, covonants ilIXl c:cnditions of this Lease, a sun in the IlI1DUllt of ClIB Il'l:Xlth's rent, to be retained by tho Landlotd until the end of the original teIm and any extended terms of this Lease. Upon terminatien of this lease, by default or otherwilO, the security deposit shall be returned to tenant, less any charge for damoge to the leased premises, rent arreareges, or chnrges treated as rent arrearages. Tenant agrees to leave a fonlllIding address with the L:\Jldlotd upon vacaticn of the leased prt!llliIOS to facilitate the return of the security deposit as above lOt forth. ~ .:J? ..is 5. 'l11e Lessee agrees to and shall save, hold and keep harmless ilIXl indamiCy the Lossor fran and for any and all paymmts, expenses, <X>lIts, attorneys fees Md fran Md for any and III clains ilIXl liabUities for losses or damogo to property or injur ies to persons occasioned wholly or in pert by or resulting fran any act or anissions by the lessee or the Lessee's guests, licensees, invitees, or for any cause or rellSOll Whatsoo,""r arisinq out of or by reason of tho 0CCIlpllIlCy by the Les""". 6. If the demised premises shall be taken under eminent danain or conclam4tim prooeedinqs, or it the Lessor conveys the said premises to any gOllllZl111!ntal authorities seekilll1 to take the said premises, or it there is a change in use of the perk land. or partS thereof, or termlnatien of the perk, then this Lease, at the cption of the lessor. shall terminate and the term hereof shall end as such date as the Lessor shall fix by notice. Lessee shall have noclaim or interest in the CXItplIUIItion received by Lessor for such takilll1. 7. It the Lessee shall faU to c:atply with any c:cndltions and lXMlllants '",CL'Of. tI", lessor may perf 0,," such conditions and cownants, at the cost and expense of the L's....., and the said cost and expenses shall be addocI to the next installlrcnt of rent illlll shall 1:0 payable as such. .~. '1110 I.cUSL"(' c1'1rCCS U'c1t the waGer lUld tJlQ Lcsuor'u QCJcmtu, Cllployl."tlB or other representatiws, nhnll htlw tho rlyht to enter into 411d UlXln UIf' said promises con..lsting of Ull.! lot whlr.h In tiN] sldJjllct of this 1n.180. or any r"rl thereof, at all reasonalJle hours, Cor thl! purpose of uxill1lining thl! IUII1U or n>lki"J sul'1I repair or alteratiens tllereln liS II\1Y be nocossa'Y for tlK] safety and preservation tllllrcOf. '11lis clll""" shall not be dcarc<I to be a covunant by tllO Inssor nor be connlrl>..\.I to create an obligstion on tho part of the lessor to ll\1ke such Inspection or repairs. 9. All goals and personal property of any klnc1 In or upon UIQ Ill"'I<\.I premises shall be tho sole responsibility of tile Lessee, and In no event shali Inasor Lu liable for any loss or damoge to said goods or property for any reason ..natsoevor. 10. '111e lessco shall taka good care of tho pranises and shall II\1lnt,lln the pranises in good conditien, and upon vacating the pranises, eithor at tho expiration of tho tenn or for other reasons, shall deliver tho rented promises in good order and condition, ""'ar and tear fran a reasonable use thorcot, and dam!lge by tho elOODl1tl1 not resulting fran tho neglect or fault of the Lessee excepted. '111e Lessco shall neithor lllICIJ1b1r nor obstnlct the sidewalks, driveways or yards, but shall keep and lI\1intaln tile same In aclean cond.ltion, free fran debris, trash, refuse, SI1Qo/ and ice. Lossee Curt/ler agrees to lMlntaln tho pranises so that grass or other ground cover, exclWinq shrubs, trees and flewers, shall not be permitted to exceed t:hree Inchas In height. . 11. '111e Inssee lMY not sublet tho prenises or any portion or part tI:ercor. '11le Lessee my sell the Irobile hCJJe belonging to the Lessee, but, Collowing the sale, if the ncbile hCJJe is to remain In the park with a new owner, written !'!'Proval of the new lessee is required, and this approval RUSt be obtainC!d prior to sale. 12. lessor shall not be liable Cor failure to give possession of tilt, leased premises to the Lossee upon the effective date of this Lease. In such event. rental payrrcnt and other fees, c:harqes or assessnents shall not OCJItIl!/1ce untU posseDslal is given to, or is 11\100 available to the Lessee, and the term of tho lease shall be extenc1cd accordingly. 13. flrty equiftlCl1t, fixtures, goods or other property of tile Ins..,., lIot renoved by tllO Lessee upon quitting, vacatinq or abandorncnt of the promises by tllO U,S:iCQ, or upon the Inssee's eviction, shall be considered as abandoned and the lessor shall have tho right, witllOUt notice to tho Lessee, to sell or otherwise dispose of the SMl> at tllO expense of the u,ssee and shall not be accountable to the Lessee for any part of tile proceeds of the sale, if any. 14. '1110 lessor shall not be liable for any d"'""ge or injury ""iell 1111'1 W sustained by tho Lessee or any other persons, as a consequence of tho failure, breaka']", leakage or obstruction of the water, sewer, waste, or soil pipes, or tllO electrical, 'Ian or oil systanl or by reason of the elenentsl or resulting fran tho <:arr>-1essness, /It..'<JIi,,,,naJ or inproper conduct on the part of any otllOr Lessee or the Lessor or tile lessor's or U,in or any other Lessee's agents, quests, llcensees, Invitees, sublesllECs, assignees or successors I or attributable to any Interference with, Interruption of or failure, be;'Ond tho control of tho lessor, of any services to be furnished or supplled by the Insoor. IS. '1110 various rights and remJdies of the lessor expressed herein ar" CUtUlative, and the failure of the Lessor to enforce any such right or 1'OlII!dy at any tiJll' against the Lessee shall not constitute a waiver thereof. 16. lessco shall P<'y all county, I1llI1lcipal and school district real ""lale taxes assessed and levied against his hCJJe and persoMl propert;y, and shall furnish Lessor, when rcquosted, with proof of payrrcnt of sann. Failuro to pay such taxes, 101.'n , jdue shall be a violation of tho Lease, rules, or regulations, if any, and constitute <lufaull AV thereunder. rJ'.'f', AI \<tIiJ:t.) 17. '111e lessee hereby confessos judgJmnt In favor of the said lessor fur l the Whole BmJunt of the rent at any tinn remalnI.nq unpaid, and any other cllllltJes Incurred hereunder, whether the s...., shall haw been due or not, waiving stay of execution, inquisition and all """"l!t.i9n laws now In force or 101lich lMY hereafter be JllISsed, and aUl:MriZOiltlioB<l1IiiijCjfr~'15\) per cent attorney's camlission for COllection, and further does hereby, upon the breach of any of tho cond.ltions of this lease. Inclwu'J 11011- paj'l1l!l1t of rent or violation of rules and regulations, if any, authorize any attorney of any court of record to appear for him and enter an amicable action of ejectJrcnt and t"'lfellS a jwgm,nt of ejecbrcnt tllereln for the pranises herein described and does authorize Ul" imrodiate issulng of a writ of possessien and execution for cost Wltllout aSkin'} leave uf the court. A photocopy of this lease lMY be used for confesslen of juclqnnnt for UIlp.1id rent, or Cor confession of jW<Jl1'Cl1t in ejccl:lrcnt. Such rClll!dies shall be CUtUlativc, 'U1d not alterT101tive, and may be re-exerclsro as necessary. ,lB. 'I1l8 lei" """11 CXlntorm to 1111 rulel and roguletilXlI IMdo by tho LellOr for the UM and CJQ'o'8rMllnt and ININl9l11'B11t ot thil nrbUe hcmo park to protect the entire pronl... of the LellOr and to further the qenerel oanfort and wultara of 1\11 of the oc:cuponta, Which ruloa and rll9Ulatiall, and any change. thereto hereaftar adopted, are attached hereto and incorporated herein or referenco, and IIllIde a part hel'llOf, and are OOIIeI1llI1tl and axditiOlll Of this Le....., the _ AI it fully let forth herein. lei" shall furnish Les_ with notice of all change. In nJ.d rulel and rll9Ulationa. lei" ackncwlodgel receipt of a cq>y of such rll9Ulatiall OOllCIIn'llIlt with execution of this Le...... 19. It prcceo.1lngl shall bs ....",~lOad by Landlord to recowr po.lellion under the Acta Of AlI..1y, either at the end Of the term or IOOIlllr taminatiall ot thil WAllO, or for ncnpll)'l1llllt of rent, or any other malIQl, tenant lIpllCitically wai...... the riqht to fifteen or thirty clay.' notice required by the Act of AlI"ly ot April 2B, 19B3, P.L 202, and agreel thot fiw c1aYI' notice lhall be lufficient In either or any such cue. 20. 'I1l8 Lease, and the storeaaid rules and rll9Ulatiall, lXXIlItitUtl the entire aq........nt betwuen the parties and 11III1II is not lIlbject to any orlll JII:ldification. Further, thil aqreemsnt shall be l"'lally bindinq upon the partiel hereto, and their respect1w heirs, 1,""""llOre and ....i9l\ll. If eny intormatilXl provided by the lei", whether by way of bockqran!, financial or othendae, \otlich has induced the le810r to enter Into thil Lease, i. flUId by the LellOr to be tslse, the lease shall, at the optilXl of the Lelsor and upon notioB to the Leuoe, be null and void and the leaIee shall be lXXIlIl<\emd a trespasser. "..', 21. leslOr may fran tine to timo JII:ldity, change or revcke rules for the fotlblle IIaro Park and upon notice to the tenant, these rulel shall be incorporated herein with the """" force and effect AI thour,)h they wre In force at the timo this Lease was executed. 22. Lei""" aqrees that he has read thil lease h1ree11'1!11t, underetands ita toms and the rulel and rogulatiOlll of the fotlblle IIaIe Park and aqrees to be bound thereby. TIlE Tf1WlT /oIJST GIVE AT LE1lST 30 DAYS lOl'ICE IN lIIUTm:J PRIOR TO MNIn:l. IT IS TIlE Rfm'CtlSlBILrIY IF TIlE 'iUlANrTO PRlVIlE ~ WITlI ALL NEX:ESSARY a:ioi>Il:ftij sr~ OR LOCAl. a:NEIUIfm' f'ORoS. - IN Wl'ItmlS W11E1lBP, the parties hereto haw hereunder set their hands and scols the clay and year fitlt above written. " ,. " I'. F', '\ ,\\, ~\I'o Q()' \ Witness ~.I \ t" . BY. ,. IS-cl;(f Q.: It~ j 0 h1ent for ~n1 ./tf r>t,... 'f. /b"l"".lf Tenant " , '., '.)(' , \ '" d. {,I\, ~r,,,l\<'\ i -wltncss t \l ---\ ' ~ _'\<6\Lt.\I~Il&.J.- WItness . d)4,d,-A-: >?/-tJLIA? xrolr.. Tenant .-/ 0, DISCl.OSURE FOR CXH'ESSIOOS OF JtlDlloIm1' I Nt (WIlARE) SIa.lIN:l, 1lUS.) (J r(; DA'f. 5! m <-'~ ' 19 FCo, A LFIISE FOR A HlOILE IDlE SITE AT wr NO.~:r'~ sra.G1S \boWl IDlE PARK FOR AN INITIAL 'ImI OF am,lOlIll, AND KMlI TO KMlI '111ER1::AF'reR, MIlOI WILL au.IGIIT!: .,0(1 MIl (US) TO A KMlILY RfNl'AL au.IGl\TIa.l QI' $ I!: U FJlCI, PAYABLE: IN N:NNl::Z. INITIAI8. '" ,j"; {(I A . ,'J 'I ,.)1'7" 1 A REPRESENI'ATIW OF sra.G1S HlOILE IDIIl PARK lIAS ElCPUIlNED TO MIl (US) 'l1lAT '11m LEASE lDl1'AINS N>R)ItIJ 'l1lAT lQJID PE:ItlIT '11m U\Nl1I:IRD TO em:R JUlXHM' ltGo\INST ME (US) AT '11IIllXlJRl1lXJSE FOR (1) '11IIl Em'IRE UNPAID Bl\LNa: rz '11IIl REH1'AL au.IGl\TIOOS rz '11m LFIISIl IN '11IIl EVml' 'l1lAT I (WIl) ARE IN DD"AI1II1' IN '11m PAYMEm rz lINi lNS'I'AWl!mS rz REm' OR lINi anlllR SlMS lX.1f: '11m IJ\NDU)R) UNDER 'l1lIl LEASE 'l1lAT Rf.MAIN UNPAID, AND/OR (2) DtlEDIAm REI'OSSI!SSIctl rz '11m IalILE IDIIl SITE PRI:HISIlS, IN '11IIl EVml' 'll1AT I (WIl) BREAK OR E.VADE: lINi rz '11m lXlI/ENAm'S OR <XHlITIctlS rz 'l1lIl LFIISE, wrnlClll' TIIf: RIQfl' '1'0 IIAVE PR&JIJXHm' NOl'ICE: AND 1IF.AIlm:l, Wl'l1lCX1I' '11m RIGlrr '1'0 HAVE '11IIl IlUIlIlm rz l.'IUf' ctl '11IIl . atlE:RS, AND Wl'l1lCX1I' '11m RIGlrr TO AVOID '11IIl ElCPWSE rz OFEmNJ OR STIUl<ltIJ A ax-n:ssm JI.IlQlWr, AND '11IAT '11m JtlDlloIm1' HAY BIl CXll.UrIUl AND 00'0IaD BI( lINi UXlAL MF.ANS. IN1TlAIS. 0/ ,l~ 'c. ,,~ f?r'''' ; 'h . IN SIa.lItIJ '11m LFIISE. I Nt (WE AREI I<lOoIl/G,Y, UNDERSTANDIOOLY I\ND VOLl.tlrARILY WAIVItIJ MY (ClJR) IUGlrrs TO R&SI5r '11m f1l1'RY OF JtlDlloIm1' fGl\lNST HI: (USI A'I' '11m lXXIRI1D1SE. AND Nt (ARE) COOSfm'ItIJ TO '11m <XM'&SSIOOS rz JUIlaoII,Jn'. IN1TlAIS. \' ,.,1 .:1' Iv. ~l"i ]);'/ r _ (1m) CE:RTlFY 'll1AT HY (OUR) AmlIAL m:DolE: =... (IS = 'llWl) $10,000.00, 'll1AT '110;; BUlNl(S IN'11IlS DISCI.a;URE WERE FILUII IN WIIF2l I (WE) INlTIAUIl AND SIQlEIl IT, llIm 'l1lAT I (WE) REX:EIVm A CXlPY AT '11m TIHIl rz SIa.lIN:l. LESSEE (Sla ia~\\ ~ 9 "1 ,1\, r\"C\~ \ r_~~~JJ- -..' l:""l y 1t~"".(I(- , (SEAL) o(,J)a H'/iI.. "'"711 A) , ,,/1 (' v I"~ / (SEllLI WE IIAVE REX:EIVm A CXlPY QI' RUu:S AND RmlLATIOOS rz STOUGIS HlOILE IkJoIC PARK DCWDIN:l A CXlPY OF PA. rcr NO. 261 RElJ\1'ING '1'0 'l1lIl IlEASQlS am HAY BIl E.Vl=. . ~~, I~ 8 -\, ~ . \,\",C()'\ ,- ~ ~. ~ ~ <Y1/_ x. ~, <I" ';L. !t~>" ,~/;'/ (SEAL) .(-1 ),/1 ,. I'/d "~n I ,.t " I' ,1', H"/;v" (SEIIL) . .---' , ' 10..... S'IOXlII'S M:lIIIL! IDlE PARK WEl.CIH: 'ro S'IOXlIIS 'l1le following infcmnation will help moke your IIDVinq day leu hectic, Your .- address is, ~c:aburq, Pennsylvania 17055 Notify ~c:aburq PcIIt Office of your .- address. ~c:aburq PcIIt Office is st 702 E. SllIpaon !bad. Managelrent Office. (All c:hecka payable to. Slltty 'l\iiggl .. .. Ilegency Itmts, Inc. 7099 Carllale pike Carl18le, PA 17013 (7l71 766-1771 Electric Service. Call 233-6581 to start electric service - PP'L Call 761-5340 to inspect electricl hookup, alter ncblle hare is p1aced and hookups CXIlpleted Electrical Inspection (C.E.I.) ('I1Us 18 required by PP'L and there is s $12.00 - $17.00 charge, payable to C.E.I.) Tell'(lhono Sorv!ce. Call 255-4104 to start service - Sllll Telephone . . "1''''1'-.._ ."'.', lOll IIICfQUI @ L=U~EL HILLi AFr 21.9d 14:~5 NQ.OOl P.09 S!CT:C~ 4, ANIMALS 4A. ~o pe~' are perm1t~ed ~itnout the ~ritten ~er~illion of ~ar.aie~e~t. Ataolutelv r.o.~.t1-~11! te ~.r~~~l.d l~at reouirl c~tBi;I_~~~~L' 4? ~o pit ~111 te allo~ed ~nieh ~Iighl more tnar. 20 ~our.dl. or dO&1 ~r.icn are ~iclou. 1~ r.atur.. luch &1 Fit =~ll :erriers. 4C. ~o pett are al1o~ed to te ti~d outside. u~. JO~I ~~It te'on a leash at all ti~es ~hln c!t ,cur ~ropert~ a~d all dO~ drop~ir.~s ~~s~ te cleaned up 1~~ediate1,. ~iS ~ay r.c~ rca~. 4E. tnere ~i11 te a $10.00 enarae per aor.tn tor your pet ~one plr home). " - C_"');L,. l~U~EL HIL_~ ~CR-- .......,.-,.<.~."'>..,-.,~,.-;",-'<-~..,.,,..... ~"' TEL ~o.-!~-~3:-~9~~ ~~r :l.9~ 14:56 ~c.JJ! F.:O SI1:rI~ 5 I VlXIal.S SA. Speed ltl:I1t in tJw CCIlr.U\i.cy b Te.'l (10 I ~. h. aM nust be Clbserved at all t:..~, We uk tJlIt ;k1ven ual their bl:1IC.I. .lJl.I of thaiJ: hems ~ PC"i.J:lle. 58. :~ ~ will be .1 ,~ to ClpC'&c. a IlDtl)r ~cle i.'l the a:IIIlI.N.ty wit.hout .. c!ri Wl: '. l1Cl1llH. $C. ~1.. UI<<l in u.. p.uk lIU.It w. W IlI:llIt "(~.. :tNt8 bel:l4lln dle WlUA:lce ~ INIy not be ddv.n aroInSl:he 'tn8U of the CXIlIIlII\i.cy. ~t ciirect rcM:a nfan to madway. . 5D. Oper.~ Of non--.:.....v.ntionlJ. Y8hi.c:le., SUCh U 1lli.nibJJ<es. Ina.t r.cbilu arod qo-icar within u.e o:r:I:aJn1 '='i, 1.S ~ted. SE. Irmlbilized or disabled vtthicles ant not ~~ CX\ to.... pr-1--w. An OWMJ: rrtq maka lIWlOr nplLi...... CX\ .. veiUcle on & PnlpU' paz:kinq 1pllCllI, 1M: the p1acUlq of the YWl.icl. en jadC8 or bloclca, or perfoDlllnCll of IIaj= t1Ip&in 01:' tJw drain1nq of cranlccuu and radiat.orll is prohib1ted. sr. Any vehicles not bearinq C\lrnnl:, vall4 ~cn .t'1eltu ard lJ.ClCIlI4 plau IIIIY n be kepe in the a:mrt.N.l;)' undar arrt c1rc\riii1:lnCU. 'f!ii YiIilCIi ~1l be taiiiia ~ aM ItCnd at I:he cwnar'. 8llpel\H withol:t: tun:Mr ~icat1CZl. SCl. OYem.ight pulWl; of CIOI1lI!rC1IJ. vehicles is pt'Clhibited, ~ und.er special writl: &uWruaticx\ frail W IMMIillla'lt. - 8 - AlL'''''llQlt.o''_'I:D ...n,,,,.. IP" ""c.run @ r . LAUREL HILLS NORTH TEL No.717-732-8955 Nov 6.95 11:04 No.OOl P.Ol NOTICE OF VIOLATION OF PARK RULES AND REGULATIONS TO: David weyandt 200 HaJ:lette Drive Hachanicllbw:g. PA 17055 . DATE: July 25. 1995 This letter Is legal notice to you pursuant to 68 P.S. ~3S8.3 that you have violated Park Rule SE and SF In that you ImmdbUized or disable vehicles are NDl' oermited . Please correct this violation Immediately. If you should fail to correct this violation or if you should violate any other rule or regulation or breach the Lease Agreement within six (6) months of the date of this Notice, the owners Intend to commence eviction proceedings against you immediately. Please correct this violation immediately. Thank you In advance for your anticipated cooperation. STOUGH'S MOBILE HOME PARK /") BY: ' i. "j If A Hand Delivered Certified Hail pOlt.lr Fax NOl8 7671 Oalo,,~ T. ,r_ CoJDoP Co, PIIOM . Pt'tonc' a.1 a" " ." "'" '.'..' ........'" ,'c' .._~ LAUREL HILLS NORTH TEL No.717-732-B955 Nov 6.95 11:0A No.OD1 P.D3 r , ~ I ' TO: Dllvid Weyllldt 200 l'lIIr1ette Drive Hechani.csburg, PA 17055 DATE: Septenbar 27, 1995 This letter Is second and final notice to you pursuant to' 68 P.S. 1398.3 that you have violated Park Rule 51!: 5F In that you J/rnd)Uized vehicles , vehicles without taClS are not ""'.....i H,." ' , This is your second notice within she (6) months from yo'ur prior notice of violatIon of Park Rules. Accordingly. you are hereby given notice to vacate the leased premises because of your violation of the Park Rules and Regulations. You are specifically Instructed to remove yourself and all property from the aforesaid premises. If you have not surrendered possession of the leased premises to the landlord within fifteen (16) days, eviction proceedings will be commenced against you. REKlIIE THE RACE CAR FRCM Yam PROPER'lY IM1EDIATELYI STOUGH'S MOBilE HOME PARK BY: Hand Doslivered Certified Mail Z 182 167 726 '. LRUREL HILLS NORTH TEL No.717-732-89SS . Nov 28.9S 12:48 No.OOS P.02 . Stough'. MobUe Home Park 64 A Detroit Avenue Mechanlc.burg. PA l70SS NOTICE TO QUIT TO: Mr. A Mn. David Weyandt 320 Marlette Drive MecbaDicsbul'2. PA 17055 DATE: Novembed7. 1995 Thilletter is lecond and rmal notice to you pununt to 68 P.S. 398.3 dlat you have violated Park Rules 4A, 4B, " 4C In that no pets are permitted without written permission of management, no pets are permitted that weigh more than 20 pounds, no pets are to be housed outside, and complaints have been received from other residents about the conlbnt barking from your dOl. This il your second notice widlin lix (6) montbs from your prior noUce of violation of Park Rules. Accordingly. you are hereby ~ven notice to vacate tbe lealed premises because of your violation of the Park Rules and Regulations. You are specifically iastructed to remove younelf and all property from tbe aforesaid premises. I you h:lve Dot surrendered possession of tbe lensed premiSe! to the IBndlon!! within fifteen (15) days, eviction proceedings wiD be "commenced alaiDst you. Stough's Mobile Home Park By: Jerry W. Simpson. Manager Certified Mail Z 182167736 Regular ~aU G2J o.n ~ >- ~.:~'~.~ I,\,... u,!"~. ,.., ~J~'-"~ 01 :~~,<,'~t~ r . ('"o...J f"')" .:\,. '-' 'i"""\ _ ,!".r~...." ~ I.,;: "J_l"'J"'l -.. -- __I.I.I.r: . ..'" (., z.~'" " ':;> 60 0""> "..... 0- -<=> -= ~ ~ - ;::l ~ ~ ~ - ~ ~ - I'() "() - :.l~"6 d~~ f. i . ~ SHERIFF'S RETURN - REGULAR CASE NOI 199~-06749 P CO""ONWEALTH OF PENNSYLVANIA I COUNTY OF CU"BERLAND TWIGG JA"ES ET AL VS. WEYANDT DAVID ET AL PHILIP BAUGH"AN CU"BERLAND County, Pennsylvania, who to law, say., the within CO"PLAINT - upon WEYANDT DAVID dsfendant, at 1751100 HOURS, on the 19~ at STOUGH'S "COILE HO"E PARK "ECHANICSBURG. PA 17055 County, Pennsylvania, by handing to WEYANDT a true and attested copy of the CO"PLAINT - EJECT"ENT together with NOTICE and at the same time directing ~ attention to the contents thereof. . Sheriff or Deputy Sheriff of being duly sworn according EJECT"ENT wa. served the ~ day of November 200 "ARLETTE DRIVE .CU"BERLAND WANDA WEYANDT. WIFE OF DAVID . . . Sheriff's CoStSI Docketing Service Affidavit Surcharge 18.00 6.16 .00 2.00 So answers I .,.~ _-.:?'". ,~ . :r- ::Q.;,'?o............c" . :.(! ~. Thomas I\l.ine, eri~~ 1i2b.16 i',~ ~ YI .1 (, JOHNSON DUFFIE STEWART WEIDNER 12/01/1995 ~ by e~D~~t~~r it Sworn and subscribed to before me this 1/ ~ day of iA.u~ 19 '7..( A. D. (I '1 G )l1.o~"J ..Q.J:; . ~ t'rofhonotary , ".'.' . '. -,...""~~",,,,,,,_:,:~,:,,; tl:":,,",,',',,;,,!!"-'", ~,-" 'C"." .,._....., ,,_",_. _"">"'__~_~_ ._._ SHERIFF'S RETURN - REGULAR CASE NOI 199~-06749 P CO""ONWEALTH OF PENNSYLVANIA I COUNTY OF CU"BERLAND TWIGG JA"ES ET AL VS. WEYANDT DAVID ET AL . Sheriff or Deputy Sheriff of being duly sworn according EJECT"ENT was served PHILIP BAUGH"AN CU"BERLAND County, Pennsylvania, who to law, says, the within CO"PLAINT - upon WEYANDT WANDA defendant, at 17~lt00 HOURS, on the 19~ at S1'OUGH'S "OBILE HO"E PARK "ECHANICSBURG. PA 17055 County, Pennsylvania, by handing to WANDA WEYANDT a true and attested copy of the CO"PLAINT - EJECT"ENT together with NOTICE and at the same time directing ~ attention to the contents thereof. the ~ day of November 200 "ARLETTE DRIVE .CU"BERLAND . . . Sheriff's Costs I Docketing Service Affidavit Surcharge So answerst -/Q"::~~~ R: Thom~s K~~ne, 5her~~~ 6.00 .00 .00 2.00 68.00 JOHNSON DUFFIE STEWART WEIDNER 12101/~:95 R ~ n :'" R f ~uepu~er~~~ - Sworn and subscribed to before me this /I ~ day of Afb.u..~/.....- 19 q{ A.D. n I. O.n.,~/:.~ AD".-:- ~ t1'rothonotBry"'" 1 ~ , J- ,. -"">....,~.. ,~ JAMES TWIGG t/a STOUGH'S MOBILE HOME PARK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95-6749 CIVIL CIVIL ACTION - LAW IN EJECTMENT v. DAVID WEYANDT and WANDA WEYANDT, Defendants NOTICE TO PLEAD To: James Twigg t/a Stough's Mobile Home Park and Joseph L. HitChings, Esquire Law Offices of Johnson, DUffie, Stewart a Weidner 301 Market Street P.O. BOK 109 Lemoyne, PA 17043-0109 You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or a Default JUdgement may be entered against you. rown, Esqu re So h Clearview Drive C p Hill, Pennsylvania 17011 (717) 731-1865 ID No. 65345 Attorney for the Defendants DATE: IJ.. -/1' 'r '" JAMES TWIGG t/a STOUGH'S I IN THE COURT OF COMMON PLEAS MOBILE HOME PARK, I OF CUMBERLAND COUNTY, Plaintiff . PENNSYLVANIA . . . v. I No. 95-6749 CIVIL DAVID WEYANDT and . CIVIL ACTION - LAW . WANDA WEYANDT, . IN EJECTMENT . Defendants I ANSWER AND NEW MATTER AND NOW, come the Defendants, by and through their attorney, Jerry W. Brown, Esquire, and file the following Answer and New Matter in the above Action In Ejectment, and aver as followSI 1) . Admitted. 2) . Admitted. 3). Admitted. 4). Admitted. 5) . Admitted. 6) . Admitted. 7). Admitted. B) . Denied and strict proof thereof demanded at ~'.^i_; " hearing. 91. Admitted in part, denied in part. Defendants admit that they received notices dated July 25, 1995 and September 25, 1995 concerning alleged violations of Stough's Mobile Home Park (hereinafter referred to as "Park"l rules. Defendants deny having violated the aforesaid regulations. , . ' 10). Admitted in part, denied in part. Defendants admit receiving a Notice to Quit from Plaintiff, but do not recall the exact day on which it was received. Defendants demand proof of the actual date of delivery of the aforementioned letter, dated July 25, 1995, and delivered by certified mail, return receipt requested. 11). Admitted in part, denied in part. Defendants admit receiving a Notice to Quit from Plaintiff, but do not recall the exact day on which it was received. Defendants demand proof of the actual date of delivery of the aforementioned letter, dated November 17, 1995, and delivered by certified mail, return receipt requested. 12). Denied. This is a question of law which need not be answered at this time. 13). Admitted solely as to Defendants' continued possession of the leased premises and denied as to any implication that they are wrongly doing so. WHEREFORE, Defendants respectfully request the dismissal of Plaintiff's Complaint or, in the alternative, that a hearing on this Matter be scheduled at the Court's convenience. NEW MATTER 14). Paragraphs one (1) through (13) are hereby incorporated by reference as if set forth in their entirety. 15). Plaintiff, through his agent, Jerry Simpson, has wrongly accused Defendant of violating Paragraphs 4A through 4C of the lease agreement (relating to the keeping of petsJ reference Plaintiff's exhibit E), specifically regarding a barking dog, despite the fact that he knew, or should have known, that the Defendants did not then, or do not now, own a dog, thereby unduly harassing Defendants and denying them their full measure of the quiet enjoyment of the leased premises. 16). Defendants believe that the aforementioned Notice to Quit which is referenced at Plaintiff's Exhibit E, is wholly without merit and represents an effort by Plaintiff's Agent to maintain an eviction action that complies with the statutory requirements of 68 P.S. Sec. 398.3(b)(2)(ii) (relating to evictions), which require the commencement of an eviction proceeding within sixty (60) days of the alleged occurrence of a second or subsequent violation of Park rules. 17). Defendants believe that without the presence of the aforementioned Notice to Quit at Plaintiff's Exhibit E, the instant eviction proceeding was not filed within the sixty (60) day periOd required by 68 P.S. Sec. 398.3, is therefore untimely, and should be dismissed. 18). Plaintiff, through his agent, Jerry Simpson, has wrongly accused Defendant of violating Paragraphs 5E and 5F of the lease agreement (relating to immobilized or disabled vehicles and vehicles not bearing valid inspection sticker .' and license plate), thereby unduly harassing Defendants and denying them their full measure of the quiet enjoyment of the leased premises. 19). Plaintiff has repeatedly failed to enforce the regUlations of the Park equally toward all tenants, in violation of Commonwealth law and the specific notice contained in the lease agreement, thereby unduly harassing Defendants and unduly denying them their full measure of the quiet enjoyment of the leased premises. 20). Plaintiff's actions have damaged the Defendants in that Plaintiff's actions have caused Defendants and their family undue emotional stress and unnecessary financial expense. WHEREFORE, Defendants request that this Honorable Court award Defendants damages in an amount determined by the Court and, moreover, that the Court dismiss Plaintiff's Action and direct that Plaintiff immediately cease and desist all harassment against the Defendants. RespectfUlly submitted, ~ f. j Jerr . Brown, Esqu re 460 outh Clearview Drive Cam Hill, Pennsylvania 17011 (717) 731-1865 10 No. 65345 Attorney for the Defendants DATE: l't. ~1 - ~r , \. ;;; VERIFICATION "{ " We, DAVID WEYANDT and WANDA WEYANDT, do hereby verify that the statements made in the foregoing ANSWER AND NEW . MATTER are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. j) ~ ~/ /-:-AtY (X /.l"/"~ ----::'"' ~ t t?:.~.. .(I'!'.t ..::- David Weyandt DATE: IJ. - /1' .qr ,J,' . JAMES TWIGG t/a STOUGH'S MOBILE HOME PARK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95-6749 CIVIL CIVIL ACTION - LAW IN EJECTMENT v. DAVID WEYANDT and WANDA WEYANDT, Defendants . : CERTIFICATE OF SERVICE I, Jerry W. Brown, Esquire, do hereby certify that I have, this day, served the foregoing Answer and New Matter upon the persons indicated below, in a manner that conforms with the requirements of the Pennsylvania Rules of Civil Procedure, by depositing same in the United States mail, first class, postage paid, at Camp Hill, Pennsylvania 17011. Joseph L. HitChings, Esquire 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 (Attorney for the Plaintiff) Jerry W. DATE: 11.- ll/-lfr , "'I'.T::~~,~<~~~:, -' ~~ ".' ,,,;,",,,1"'" . c....." ....'" ;~.;,"" :~~::~~<~~;~-::~:~:J01 ~ ~!,w_>.,. .;;_.':'_~!,jG~1'~J,-~~-~\~~~~{T:r~ .' " '1\ OdIn tOIl ' ,'." 'fID.., , ,:/".",,~,~~,~;~~~~~!J. JAMES lWlGG lIa STOUGH'S MOBILE HOME PARK. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6749 CML TERM CIVIL ACTION. LAW Plaintiff VI. DAVID WEYANDT and WANDA WEYANDT. IN EJEcrMENT Defendants PRAECIPE TO DISCONTINUB TO THE PROTHONOTARY: Kindly mark the judgment In ejectment entered by Plaintiff. James Twigg lIa Stough's MobUe Home Park, In the above captioned maller as satisfied and discontinue this action. Respectfully submitted, JOHNSON, DUFFIE, STEWART &. WEIDNER Date: I ~ / ., -.- /, ~ N ~ - .. l~ M 8~ :c :-~ 0- * 0;-:1 N Z~ N ~ili l!J :r: F < mu. -, ~ \D .... a> a